HomeMy WebLinkAbout96-0220
No. 4
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 20, 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, February 20, 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 February 6, 1996 were appoved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
fROM THE CITY PLANNING BOARD
No. 1
Retail Space into a Sit-In
Restaurant at 1094 Hertel Avenue
Item No. 73, CCP, 1/23/96
The City Planning Board at its regular meeting held Tuesday. February
13, 1996, voted to Receive and File the matter captioned above since Your
Honorable Body has already approved it.
RECEIVED AND FILED.
No. 2
Ripen With Us Child Care Center,
Petition to Rezone a Portion of
488 - 502 Kenmore Avenue from
C2 to R2
Item No. 89, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday. February
13, 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 rear portion of a city-owned parcel
(17.250 square feet). which was zoned R2 the balance and majority of the parcel
is zoned C2. The rezoning will allow for the development of a child care
center. Under State Environmental Quality Review (SEQR). the proposed rezoning
may be considered an Unlisted Action which may be studied through an
Uncoordinated Review.
The Planning Board voted to approve the proposed rezoning.
RECEIVED AND FILED.
No. 3
Socony Vacuum Oil, Request
to Erect a Pole Sign at 2058
Delaware Avenue
Item No. 91, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday, February
13. 1996, considered the matter captioned above Pursuant to Section 387 19 of
the Buffalo Code - the review of pole signs.
The applicant seeks to replace an illuminated pole sign which will have a
sign face area of 40 square feet and on overall height of 21.5 feet. The site
is located in a C2 zone which permits pole signs for the display of gasoline
prices. Under the State Environmental Quality Review (SEQR). the proposed
rezoning is considered a Type II Action. which does not require further
environmental review.
The City Planning Board voted to approve the proposed pole sign
replacement with the condition that it be no greater than 201 in overall height
and that it is provided with an appropriate landscaped base.
RECEIVED AND FILED.
No. 4
J. Price, Request to Expand an
Existing Trucking Company's
Office & Warehouse at
265 Germania Street
Item No. 92, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday, February
13,1996 considered the matter captioned above pursuant to Sections 511 - 44.B.
(9). (e). and 67 of the Buffalo Code - the review of Truck Terminals and the
Buffalo Coastal Special Review District.
The applicant seeks to erect a metal building measuring 60 feet by 50
feet or 3.000 square feet. The building will be used for additional warehouse
space for an existing trucking company.
The site is located in an Ml zone which allows such uses if in compliance
with the provisions of that zone. The site is not proximate to the Buffalo
River. The applicant informed the Board that there would be no increase in
truck traffic which would arise from the proposed addition. Moreover, the only
access to the site, Germania Street, is non-residential in character.
Under the State Environmental Quality Review (SEQR). the proposed
addition is considered an Unlisted Action which may be studied via an
Uncoordinated Review.
The Planning Board voted to approve the proposed addition.
RECEIVED AND FILED.
No. 5
New Zion Missionary Baptist Church, Request to Erect a Ground Sign at 300 to
318 High Street (corner Peach Street)
Item No. 94, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday. February
13. 1996. considered the matter captioned above pursuant to Section 307-19 of
the Buffalo Code - the review of pole signs.
The applicant seeks to erect an illuminated ground sign which will be
accessory to a church. The proposed sign will measure 4 feet by 8 feet and
will be 7.5 feet in overall height. Under State Environmental Quality Review
(SEQR). the sign is considered a Type II Action which does not require further
environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 6
Benderson Development, Request
to Erect Pole Signs at 2626 Delaware Avenue
Item No. 95, C.C.P. 2/6/96
The City Planning Board at regular meeting held Tuesday, February
13, 1996, considered the matter captioned above pursuant to Section 387 - 19 of
the Buffalo Code - The Review of Pole Signs.
The City Planning Board voted to Receive and File the request since Your
Honorable Body has already approved the matter.
RECEIVED AND FILED.
No. 7
Socony Vacuum Oil Request to Erect
a Pole Sign at 577 Elmwood Avenue
Item No. 90, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday, February
13. 1996. considered the matter captioned above pursuant to Section 387 19 the
Buffalo Code - The Review of Pole Signs.
The applicant seeks to replace an illuminated pole sign which will have a
sign face area of 40 square feet and on overall height of 21.5 feet. The site
is located in the EB district which allows pole signs for the display of
gasoline prices. Under the State Environmental Quality Review (SEQR), the
proposed rezoning is considered a Type II Action which does not require further
environmental review.
The City Planning Board voted to approve the proposed pole sign
replacement with the condition that it be no greater than 20' in overall height
and that it is provided with an appropriate landscaped base.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 8
Gelinmac Storage.
Lead Agency Designation
(20 Buffalo River)
Item No. 93, C.C.P. 2/6/96
The City Planning Board at its regular meeting held Tuesday, February
13, 1996, voted to recommend that Your Honorable Body allow the New York State
Department of Environmental Conservation to be designated as lead agency for
the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 9
Create a Cobblestone Review Area
Item No. 214 C.C.P. 9/19/95
The City Planning Board at its regular meeting held Tuesday. February
13. 1996. considered the matter captioned above pursuant to Section 317.1 of
the City Charter - referable matters from the Common Council.
After considerable review, the Planning Board recommends that Your
Honorable Body adopt the draft design and site plan review amendment to the
Buffalo Code which the Board sent to Your Honorable Body previously.
While the Board recognizes the need to place design and site plan
regulations over the "Cobblestone District". it also sees the necessity of
design and site plan review on a city wide basis. This step would be essential
in creating a level playing field for all developers seeking to do business in
the City. It would also insure reasonable public review over the impacts of
private development on urban aesthetics and urban infrastructure. The Board.
and I am confident Your Honorable Body. is troubled by the fact that recent
developments such as Consumers Square on Elmwood Avenue and the proposed
Wegman's supermarket on Amherst Street are treated as "Matters of Right", with
no public review.
The Planning Board is convinced that the attached draft Site Plan and
Design Review amendment will address this and other issues relating to the
development of the City as a whole.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, AND THE
DESIGN REVIEW COMMITTEE.
FROM THE BUFFALO ARTS COMMISSION
No. 10
Vacancies and Appointment of
Member to Arts and Cultural
Funding Advisory Committee
This is to inform your Honorable Body that four (4) vacancies
exist on the Arts & Cultural Funding Advisory Committee for the Common Council
to appoint as well as to inform you of an Arts Commission Appointment to the
same Committee.
The Arts Commission has reappointed Gary Mucci, Esq. Chair of the Arts &
Cultural Funding Advisory Committee and has appointed Celeste Lawson to fill
the vacancy of Thomas Rocco who has resigned.
Your Honorable Body or your representatives are cordially invited to
attend the first orientation meeting on Wednesday, February 21, 1996 in
Conference Room 901 City Hall.
Please contact us with any questions regarding this matter or any other
matter pertaining to this year's review process at anytime.
Thank you for your attention to this matter.
REFERRED TO THE PRESIDENT OF THE COUNCIL.
MAYOR'S OFFICE FOR CONTRACT ADMINISTRATION
No. 11
Grant-in-Aid Funding
The Citizens Funding Review Committee was established to make
recommendations for grant-in-aid funding for human service agencies. For the
past several years the committee has not functioned properly based on the
number of vacancies on the committee.
Applications for grant-in aid proposals have been submitted to the city
Budget office and committee review should begin immediately in order to prepare
recommendations for the Mayor's budget.
Attached please find a listing of committee positions showing that all
positions are currently vacant.
If your Honorable Body elects to fill any of the six (6) vacancies,
please notify this office immediately so that we may begin the review process.
If you have any questions, please feel free to contact me at extension 4011.
REFERRED TO THE COUNCIL PRESIDENT AND THE COMPTROLLER.
FROM THE BOARD OF ETHICS
No. 12
Meeting Minutes
The meeting was called to order at 9 a.m. by Judge Roberts.
Copies of the City of Buffalo Charter were delivered to the meeting and
distributed to the Board. Mr. Michaux will mail the charter to those not in
attendance.
Mr. David Hayes, assistant to the corporation counsel attended this
meeting at the request of Mr. Michaux to review the annual Disclosure Statement
and the Transactional Statement. It was suggested that instead of changing the
forms at this late date, an instructional booklet will be created to make it
easier for city employees to fill out the form. This booklet will be attached
to the form with detailed information. A cover letter with instructions will
be sent to Department heads advising them of their responsibility.
It was noted that the wording in some sections of the Disclosure and
Transactional forms should be broadened, made clearer and changes should be
made.
An instructional packet with the revisions will be mailed to the Board
members for their review.
The meeting adjourned at 10:00 a.m.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 13
Certificate of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Department of Street Sanitation
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 $23,999 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Street Sanitation -
Exempt Items 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 100-890-050 - Reserve for Capital Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, January 30, 1996
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Increased Appropriation
North AmeriCare Park - Reserve for Replacements
North AmeriCare Park - Building Repairs & Alterations
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 $50,000 in the estimates for the fiscal year beginning April 1, 1995
is necessary in Appropriation Allotments - North AmeriCare Park 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 420-899002 -
Reserve for Replacements not otherwise appropriated for any other purpose. The
detail of the requirements are set forth below:
Dated: Buffalo, NY, January 30, 1996
RECEIVED AND FILED.
No. 15
Audit Franchise Fees From TCI
Item No. 189, C.C.P. 2/6/96
The Common Council has requested that my office audit the franchise
fees paid to the City of Buffalo by TCI of New York. We will move this request
forward in our schedule and undertake this audit in the near future. We will
file our report with the Common Council when completed.
RECEIVED AND FILED.
No. 16
Info - Audit-Parking Ramps
The Committee on Finance has requested that we apprise your Honorable
Body as to when our ongoing audit on the parking ramps will be completed. We
are doing these audits of the parking ramps simultaneously. One is the audit
of Downtown Ramps (BCAR), one is Allright Parking (Gates and Buffalo General
Ramp) the other is Children's (Hodge Parking). The field work should be
completed shortly. I would hope our reports and responses will be filed
sometime in March.
RECEIVED AND FILED.
No. 17
Performance Audit Report
Municipal Civil Service Commission
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Civil
Service Commission audit report for the period July 1, 1991 to June 30, 1995.
Our audit findings include the following recommendations:
Continued monitoring of all exam fee waivers.
Upgrading the current computer system to provide timely information of exam
applications and roster cards.
Utilization of a cash register to account for and safeguard the collection of
cash receipts.
Daily reconciliation and deposit of all filing fee monies,
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND
FINANCE, AND CIVIL SERVICE COMMISSION.
No. 18
Interfund Loan
Over the last six years, the city has provided interfund loans
from the City General Fund to the City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget.
The interfund loans are repaid when the Bond Anticipation Notes or Bonds
are issued to finance these projects.
As of today we have one request for money to finance projects and we will
not re-enter the bond market at this time.
We are requesting that you approve an interfund cash loan from the
General Fund to the City's Capital Projects Fund in the amount of $163,000 for
Reconstruction of the PAL Center. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account
100 General 200 Capital Projects 200403-039
Repayment Date Total
BAN/Bond Sale $163,000
Mrs. LoTempio moved:
That the communication from the Comptroller dated February 13, 1996 be,
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the City's Capital Projects Fund
in the amount of $163,000 for Reconstruction of the PAL Center. The loan will
be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 19
Appointments Citizen Salary Review Commission
The following individuals have agreed to serve as my appointees
on the Citizens Salary Review Commission. Included with the names and addresses
are the expiration dates of their terms on the Commission.
Dianne L. Barrali
322 Starin Avenue
Buffalo, N.Y. 14216 (term expires 12/31/96)
Eunice A. Wozniak
508 Connecticut Street
Buffalo, N.Y. 14213 (term expires 12/31/97)
Lester G. Sconiers
46 Chatham Avenue
Buffalo, N.Y. 14216 (term Expires 12/31/98)
RECEIVED AND FILED.
No. 20
Comptroller's Report:
Neighborhood Housing Conditions
& Related Problems
I am filing herewith a report entitled "Comptroller's Report:
Neighborhood Housing Conditions & Related Problems."
There are a number of housing-related problems summarized which
cumulatively place an overwhelming burden on City resources. The report offers
an overview of various issues, all interrelated, and my recommendations for
policy, program and legislative initiatives which are presented as suggested
solutions.
I look forward to your review and to a joint effort by the Common
Council, Administration officials, and this office to address such concerns.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS.
No. 21
Comprehensive Annual Financial Report of the City of Buffalo for the Fiscal
Year Ending June 30, 1995
This is to advise that copies of the Comprehensive Annual Financial
Report of the City of Buffalo for the fiscal year ending June 30, 1995 have
been delivered to each Councilmember, the Common Council Chief of Staff, the
City Clerk, the Mayor and the Budget Office.
This report is available as a public record for inspection by all
interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council
of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a
public record for inspection by all interested parties.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 22
Result of Negotiations
330 Grider, 494.07' N Delavan
Vacant Lot Size: 30' x 100'
Assessed Valuation: $2,270
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. William G. Szczerba, 53 Eller Avenue, Buffalo, New York
14211, to purchase the above captioned property. Mr. Szczerba owns the single
family home at 332 Grider and intends to purchase this property for extra yard
space for his tenants.
An independent appraisal of the property was conducted by Mr. John D.
Bonner, Appraiser, of G.A.R. Associates. He has estimated the fair market
value of the property to be One Thousand Dollars ($1,000). This represents an
offer of approximately Thirty-Three Cents (.33) a square foot for the subject
property. The Division of Real Estate has investigated the sales of similar
properties in the area. Sale prices range from Thirty Cents (.30) a square
foot to Forty-Three Cents (.43) a square foot. The Division of Real Estate
concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. Szczerba has agreed and is
prepared to pay One Thousand Dollars ($1,000) for the subject property. He has
also agreed to pay for the cost of the appraisals, recording fees, transfer tax
and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Mr.
William Szczerba in the amount One Thousand Dollars ($1,000.00). I am further
recommending that the Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Result of Negotiations
302 Moselle, 30' S Frankfort
Vacant Lot: 30' x 112'
Assessed Valuation:
Land: $ 2,600
Total: $16,000
The Comptroller's Office, Division of Real Estate, has received
a request from Mr. John Nailor, 145 Waverly Street, Buffalo, New York 14208 to
purchase the above captioned property. The property consists of a one and a
half story single family dwelling situated on a lot having a frontage of 30' x
112'. The property is currently occupied by a tenant. Mr. Nailor intends to
purchase and make improvements to the property for investment purposes.
An independent appraisal of the property was conducted by Mr. Dennis R.
Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New
York 14209. He has estimated the fair market value of the property to be
Thirteen Thousand Five Hundred Dollars ($13,500.00). The Division of Real
Estate investigated the sales of similar properties in the area, sale prices
range from Fifty-Five Hundred Dollars ($5,500) to Fourteen Thousand Dollars
($14,000).
The results of our negotiations are that Mr. Nailor has agreed and is
prepared to pay Six Thousand Dollars ($6,000.00) for the subject property. Mr.
Nailor has agreed to make all necessary interior and exterior repairs and
intends on installing a new heating system in the property. The estimate for
these repairs are approximately Six Thousand Dollars ($6,000). He has provided
the Division of Real Estate with the necessary proof of his financial ability
to purchase the property and complete all repairs. He has also agreed to pay
for the cost of the appraisal, transfer tax, recording fees and cost of the
legal description.
I am recommending that Your Honorable Body approve the sale of 302
Moselle Street to Mr. John Nailor in the amount of Six Thousand Dollars
($6,000). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE ON COMMITTEE ON FINANCE.
No. 24
Result of Negotiations
453 Sherman, 1088' S Genesee
Vacant Lot: 27' x 132'
Assessed Valuation: $1,400
The comptroller's office, Division of Real Estate, has received
a request from Mrs. Ruth E. Denson, 451 Sherman Street, Buffalo, New York
14211 to purchase the above captioned property. Mrs. Denson intends to
purchase this property for additional yard space.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Appraiser, Able Appraisal Associates, 2500 Bailey Avenue, Buffalo, New
York 14215. He has estimated the value of the property is Nine Hundred Dollars
($900.00). This offer represents approximately Twenty-Five Cents (.25) a square
foot for the subject property. The Division of Real Estate has investigated
the sales of similar properties in the area. Sale prices range from Twenty-Six
Cents (.26) per square foot to Thirty-Six Cents (.36) per square foot. The
Division of Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Mrs. Ruth Denson has agreed and
is prepared to pay Nine Hundred Dollars ($900.00) for the subject property.
She has 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 Mrs. Ruth
Denson in the amount of Nine Hundred Dollars ($900.00). I am further
recommending that the Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Correction and Renewal Option
Lease Agreement Between the
City of Buffalo and Bella Vista
Group, Inc. for Use of 2237 Niagara Street
The renewal of the lease agreement between the City of Buffalo
and Bella Vista Group, Inc. for the period of October 1, 1994 to September 30,
1995 was prepared by this office and approved per Item #112, C.C.P. September
20, 1994. However, there was a printing error made in the approving motion
which read 'to commence on October 1, 1993 and expire on September 30, 1994.'
The renewal period should have read: 'October 1, 1994 to September 30, 1995-.
Mr. Joseph A. Cipolla, Bella Vista Group, Inc. has requested to renew
said lease for use of 2237 Niagara Street, Buffalo, New York for the one year
period under the same terms and conditions that currently exist in the lease
agreement. The lease renewal is for the period of October 1, 1995 to September
30, 1996. The rental fee is One Hundred and Fifty-Five Dollars ($155.)
annually.
This Office recommends Your Honorable Body amend Item #112, C.C.P.
September 20, 1994 to read: for the period to begin October 1, 1994 to
September 30, 1995.
I am also recommending that the Common Council approve the renewal of the
lease to begin October 1, 1995 and end September 30, 1997. This will be an
extension and renewal of the lease for a two year period under the same terms
and conditions as previously approved. I am further recommending that Your
Honorable Body authorize the Corporation Counsel to prepare the necessary lease
renewals and that the Mayor be authorized to execute the same.
Mrs. LoTempio moved:
That the communication from the Comptroller, dated February 12, 1996, be
received and filed, and
That the Comptroller be, and he hereby is, authorized to renew the lease
agreement between the City of Buffalo and Bella Vista Group, Inc., for use of
2237 Niagara Street, for a two year period commencing October 1, 1995 and to
expire on September 30, 1997 at an annual rental fee of One Hundred and
Fifty-five Dollars ($155.00). That the Corporation Counsel shall be authorized
to prepare the necessary lease and that the Mayor be authorized to execute the
same; and
That the Comptroller be, and he hereby is, authorized to correct the
lease as previously approved per Item No. I 1 2, C. C. P., September 20, 1994,
to read " to commence on October 1, 1994 to September 30, 1995.
PASSED.
AYES- 13 NOES-0.
No. 26
Lease Renewal Option Between the City of Buffalo and The Council of Senior
Citizens Clubs of Buffalo and Erie County
Item #12, C.C.P. 5/16/95
In the above referenced Item, Your Honorable Body authorized the
leasing of Room 221, Buffalo City Hall to the Council of Senior Citizens Clubs
of Buffalo and Erie County. This lease agreement was for a one year period
commencing April 1, 1995 and to end March 30, 1996.
This office has received a request from Mr. William F. Robinson, Council
President, on behalf of the Council of Senior Citizen Clubs of Buffalo and Erie
County, to exercise their option to renew said lease for an additional one year
period as stated in their lease agreement. The lessee has fully satisfied this
requirement and has complied with all other provisions and terms of the lease.
I am recommending that Your Honorable Body approve the Council of Senior
Citizens Clubs of Buffalo and Erie Council's request to renew their lease for
an additional one year term, commencing April 1, 1996 and to end March 30,
1997. I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary lease renewal and that the Mayor
be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 27
Response - Homesteading & New Housing Lot Sizes
Item No. 177 C.C.P. 2/6/96
The above item is a Council Resolution asking for information
about minimum lot sizes for new housing and homesteading.
The minimum lot size for new one family in an R-1 District can be found
in Article IV, Section 511-10, City Zoning Ordinances. The minimum lot area is
5,000 square feet with a width of 50 feet.
In Article V, Section 511-14 the minimum lot size in an R-2 District for
one and two family dwellings is 40 feet and the lot area is 2,000 square feet
per dwelling unit, but not less than 4,000 square feet total.
There is no minimum lot requirement for homesteading vacant city-owned
land. However, if a homesteader is requesting to homestead in order to build a
new home, the current lot size and area zoning requirements would have to be
met by the homesteader.
The resolution also requests an outline of the homesteading process.
The following is a brief outline of the Buffalo Urban Homestead Act which
was enacted in 1974 as part of the City-Wide Urban Renewal Demonstration
Program, Item #245, C.C.P. 9/17/74:
1. Homesteading of vacant city-owned land appropriate for new housing - Upon
the Comptroller's concurrence with B.U.R.A. recommendations, the Common Council
will authorize transfer of title to specific property to the homesteader on the
condition that: (1) The specific structure be erected on the premises within 12
months. (2) The structure be occupied by the homesteader for a period of not
less than 36 months.
2. Homesteading of vacant, city-owned structures Upon receipt of the
Comptroller's concurrence with B.U.R.A. recommendation, the Common Council will
authorize the transfer of title to specific property to the homesteader on the
condition that: (1) All repairs be completed within 18 months. (2) The
structure be occupied by the homesteader for a period of not less than 36
months.
3. Homesteading of city-owned vacant lots to owners of adjacent property
Homesteading can occur after it has been determined that a property cannot be
sold, is inappropriate for new development or public purposes. Upon receipt of
the Comptroller's concurrence with B.U.R.A. (now Neighborhoods, Housing &
Inspections) recommendation, the Common Council will authorize transfer of the
property to the adjacent property owner on the condition that: (1) The property
is cleaned and improved within 6 months. (2) That the property is maintained in
a sanitary manner for at least 36 months.
My office and staff are available to assist Your Honorable Body with any
additional information you may need. I would recommend that any request to
purchase or homestead be immediately forwarded to the Comptroller's Office for
processing.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 28
Request Charter Amendment-Article 7-Sec. 124
Director of Collections
In June 1993, the Common Council created the position of Director
of Collections to head the Division of Collections. The position was filled in
June 1994 by appointment of Bridget M. Carpino.
The Buffalo Municipal Civil Service Commission adopted a resolution on
April 20, 1994, classifying the position of Director of Collections in the
Exempt Class. This classification was subsequently considered by the New York
State Municipal Civil Service Commission, and disapproved.
In September 1995, representatives of the Comptroller and Buffalo Civil
Service Commission appeared before the New York State Civil Service Commission
in Albany to appeal their decision. Comprehensive information was presented to
the State to demonstrate that the Director of Collections performs duties and
responsibilities requiring a high degree of confidentiality, personal judgment
and administrative ability, consistent with a role as a designated
representative of the Comptroller.
The State Commission, while not questioning the intent or performance
associated with the position, upheld its prior disapproval of exempt
classification, citing the absence of critical language in the City Charter.
Currently, the Charter states: "The head of the division of collections
shall be the director of collections who shall also be a deputy of the
comptroller.' Notwithstanding the intent, this language does not clearly convey
that the director of collections has the designated authority to act for and on
behalf of the Comptroller.
The State advises that the required language is as follows: "The head of
the division of collections shall be the director of collections who shall also
be deputy of the comptroller, empowered to act for and on behalf of the
Comptroller.,
The State will approve the request for civil service exemption if the
Charter is amended to this effect.
Note that all positions of director in all City department divisions are
in the exempt class.
I respectfully request this honorable body to redress the writing of the
Charter provisions for Director of Collections.
This action will satisfy the State Civil Service Commission's directive
that there be uniform language in the Charter for all positions which by nature
meet criteria for exempt classification.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, CIVIL SERVICE COMMISSION,
CORPORATION COUNSEL, AND NEW YORK STATE MUNICIPAL CIVIL SERVICE COMMISSION.
No. 29
Info Appointment of Assistant Accountant,
Temporary, at Intermediate Step
In response to your request for the reason Kathleen E. Seeger
was appointed at the intermediate step, please be advised the individual was
appointed at Step 2 in compliance with Local 650 Bargaining Agreement
provisions relative to minimum compensation on appointment.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 30
Certificate of Appointment
Appointment effective February 13, 1996 in the Department of Audit
and Control Division of Data Processing, Catherine Barton, 232 Weimar Street,
Buffalo 14206 to the Position of Coordinator of Office Automation, Permanent,
at the Intermediate Starting Salary of $31,066.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 31
Appointment Governmental Relations Comittee
I hereby appoint the following Governmental Relations Committee.
Councilmembers Byron Brown, Beverly Gray, Barbara Kavanaugh, Veronica Lockwood
and Rose LoTempio. Bryon Brown shall serve as Chairperson.
This Committee shall terminate June 30, 1996.
RECEIVED AND FILED.
No. 32
Appoint Committee on Reform &
Oversight for Taxi Drivers
As you know, Council Member Gray sponsored a resolution to appoint
a committee to establish reforms and provide oversight for the taxi drivers.
The Committee would also provide consistent monitoring of these reforms to
ensure compliance.
I am appointing Councilmembers Gray, Quintana and Brown to work under
your aegis to establish these reforms.
Please allow Council Member Gray to handle this important matter. I look
forward to the outcome of Friday's scheduled meeting and any subsequent
recommendations to follow.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 33
Senior Citizen Exemptions
The New York State Legislature has enacted a revision to Real
Property Tax Law 467 as it pertains to the income level for senior citizen
property tax exemption eligibility. This change became effective January 1,
1996. The change allows for an additional 5% step in the sliding scale
exemption level as outlined in Option III below.
I am recommending that the Common Council direct the Law Department to
review this recent change to the Real Property Tax Law and to prepare the
necessary Local Law, ordinance or resolution if Your Honorable Body chooses to
enact any changes to the current income limitations.
Based upon this department's interpretation of the legislation, Your
Honorable Body has a number of different options which are set forth below.
The law allows, at your option, for an increase in the level of eligibility
from $16,500 to $17,500 in income for a maximum 50% senior citizen property tax
exemption. Further, the law automatically changes the increment steps in
income eligibility levels for senior citizens in communities which employ the
sliding scale option. The City of Buffalo has enacted and does employ the
sliding scale option. The legislation provides for $1,000 increments for the
45%, 40% and 35% levels and increments of $900 each for the remaining levels of
eligibility.
The following options are respectfully submitted for your consideration:
Option I. No change in the current $16,500 maximum income eligibility
level.
If the City takes no action whatsoever, New York State Law provides that
the Existing Schedule will remain in effect.
Percent of Exemption Existing Schedule
50% $16,500
45% $17,500
40% $18,500
35% $19,500
30% $20,400
25% $21,300
20% $22,200
15% $23,100
10% $24,000
Option II. Change the eligible income level to a maximum $17,500.
If the City chooses this option, Schedule A will become effective for
fiscal year 1997-98.
Note: Schedule A has been adopted by Erie County.
% of Exemption Existing Schedule Schedule A
50% $16,500 $17,500
45% $17,500 $18,500
40% $18,500 $19,500
35% $19,500 $20,500
30% $20,400 $21,400
25% $21,300 $22,300
20% $22,200 $23,200
15% $23,100 $24,100
10% $24,000 $25,000
Option III. New legislation for 1996 allows for the addition of an
additional 5% level in the sliding scale.
% of Exemption Existing Schedule Schedule A
50% $16,500 $17,500
45% $17,500 $18,500
40% $18,500 $19,500
35% $19,500 $20,500
30% $20,400 $21,400
25% $21,300 $22,300
20% $22,200 $23,200
15% $23,100 $24,100
10% $24,000 $25,000
5% $24,500 $25,900
Option IV. Eliminate the 15% and 10% levels of the sliding scale option.
The minimum exemption would then be 20% with income levels set
accordingly.
% Exist. Schedule % Exist.Income Schedule A
50% $16,500 50% 16,500
17,500
45% $17,500 45% 17,500
18,500
40% $18,500 40% 18,500
19,500
35% $19,500 35% 19,500
20,500
30% $20,400 30% 20,400
21,400
25% $21,300 25% 21,300
22,300
20% $22,200 20% 22,200
23,200
15% $23,100
10% $24,000
Option V. Reduce the current $16,500 maximum income level.
New York State Law provides that the maximum income level may be set
anywhere between $3,000 and $17,500. If Your Honorable Body chooses this
option, the sliding scale would be adjusted in the increments as set forth.
50% (dollar amount set by Common Council)
40% $1,000 increment
35% $1,000 increment
30% $900 increment
25% $900 increment
20% $900 increment
15% $900 increment
10% $900 increment
Option VI. Rescind the sliding scale option.
The City chooses this option, the exemption would be 50% for those who
qualify, thereby eliminating any sliding scale. The maximum income level for
this exemption may be set anywhere from $3,000 to $17,500.
It is respectfully requested that the decision of the Common Council be
made known to this department as early as possible. This will allow sufficient
time to make the public aware of the changes in the income level of
eligibility. Also, it will allow this department the necessary time to
adequately prepare and process the approximately 5,000 renewal applications
which must be processed in the near future together with the anticipated new
applications from those citizens who will become eligible for the first time.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 34
Senior Citizen Exemptions
In anticipation of a request from your Honorable Body relative
to the financial impact to the City of Buffalo if the proposed income schedule
is adopted for senior citizens property tax exemption purposes, and if the new
5% level to the sliding scale option is adopted, please be advised that the
anticipated loss of revenue to the City of Buffalo is estimated to be
approximately $81,316.54.
This Department's forecast of future loss of revenue is based upon
assumptions made in a review of previous years senior citizen exemption
applications. In addition, a forecast of loss of revenue by a random sampling
of senior citizens currently receiving an exemption is included.
Current Proposed
% of Exemption FY 96/97 FY 97/98
50% 16,500 17,500
45% 17,500 18,500
40% 18,500 19,500
35% 19,500 20,500
30% 20,400 21,400
25% 21,300 22,300
20% 22,200 23,200
15% 23,100 24,100
10% 24,000 25,000
5% 25,900
The following chart indicates the percentage of change in the number of
total senior citizen exemptions in each year from 1986 through and including
1996.
Increase In
Applications % of Change Income Levels
1986 4,936 (original Reval Year)
1987 4,651 Decrease 6%
1988 4,736 Increase 7% $15,625 to $16,600
1990 4,423 Decrease 7%
1991 4,447 Even 0%
1992 4,758 Increase 7% (est) $18,600 to $19,800
1993 4,414 Decrease 8%
1994 4,944 Increase 12%(Updte)$19,800 to $21,300
1995 5,030 Increase 2%
1996 5,594 Increase 11% $21,300 to $24,000
Based upon the projected trend, if the increase in income level is
adjusted by the City to the maximum allowed level, we can anticipate an
estimated increase of approximately 560 senior citizen applications (roughly a
10% increase) for fiscal year 1997/98.
The approximate full Assessed Value of property in the city of Buffalo
now enjoying a senior citizen exemption is $300,199,151. This property, owned
by 5,594 senior citizens, makes the average assessed value for each property
$53,665 (rounded). Predicated on the receipt of 560 additional applications
times the average full assessment for exempted parcels, we can expect an
additional $30,052,400 in assessed values eligible for exemption for fiscal
year 1997/98.
An average 15% property tax exemption for the new applicants will result
in an additional $4,507,860 in exempt value. At the current fiscal year
1995/96 City tax rate of $17.467 per thousand dollars of assessed value, the
loss in revenue is estimated to be $78,738.79.
If the new 5% level to the sliding scale option is adopted, we expect to
receive an increase of 1% (approximately 56) in additional applications. Using
averages outlined above, a 5% reduction in the approximate assessed value of
$53,665 for 56 new applicants, would result in an additional $150,262 in
exempted assessed value. At the current 1995/96 tax Late of $i7.467, this
would create an additional loss of revenue of approximately $2,577.75.
In combining the anticipated loss of $78,738.79 from an increase in
income eligibility level, with the anticipated loss of $2,577.75 from the
addition of a new 5% exemption level, we conclude that the estimated loss of
revenue to the City of Buffalo for fiscal year 1997/98 would be $81,316.54.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Certificate Of Appointment
Appointment effective February 5, 1996 in the Department of Assessment,
Ann Marie R. LoFaso, 18 Frontenac Ave. , Buffalo NY 14216, to the Position of
Real Property Appraiser, Provisional, at the Maximum Starting Salary of
$34,727.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 36
Notification Serial #8584
Repeal Alternate Parking - Type I
Radcliffe Road between
Kenmore Avenue and Bellevue Avenue
NO PARKING (ALTERNATE - TYPE 1) - 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 24 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following.-
NO PARKING
PROH. PORTION OF HGWY. PROH.PERIOD DAILY
Radcliffe Rd. NE side 4:00 p.m. Wed.to
fr. Bellevue Ave. to Kenmore Ave. to 4:00 p.m.Sun.
Radcliffe Rd. SW side 4:00 p.m. Wed. to
fr. Bellevue Ave. to Kenmore Ave. to 4:00 p.m. Wed.
This action is being taken at the request of the District Councilman. It
will provide a "No Standing" area along Radcliffe Road from Kenmore Avenue to
and around the curve on Radcliffe (heading toward Bellevue Avenue). (See next 2
serials)
Notification Serial #8585
Install No Standing
on Radcliffe Road northeast and southwest sides
from Kenmore Avenue to a point 207' +
south and southeast therefrom
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Radcliffe Road, northeast side At all times
from Kenmore Avenue to a point
188' south and southeast therefrom
Radcliffe Road, southwest side
from Kenmore Avenue to a point
226' south and southeast therefrom
This action is being taken at the request of the District Councilman. It
will provide a "No Standing" area along Radcliffe Road from Kenmore Avenue to
and around the curve on Radcliffe (heading toward Bellevue Avenue). (See
previous and next serial)
Notification Serial #8586
Install Alternate Parking - Type I on Radcliffe Road
between Bellevue Avenue and a point 207' +
south and southeast of Kenmore Avenue
NO PARKING (ALTERNATE - TYPE 1) - 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 of business
That that part of Subdivision 24 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 - DAILY
Radcliffe Road, northeast side 4: 00 p.m. Wednesday from Bellevue
Avenue to a point to
188' south and southeast 4:00 p.m. Sunday
of Kenmore Avenue
Radcliffe Road, southwest side 4: 00 p.m. Sunday to
from Bellevue Avenue to a point 4:00 p.m. Wednesday
226' south and southeast
of Kenmore Avenue
This action is being taken at the request of the District Councilman. It
will provide a "No Standing" area along Radcliffe Road from Kenmore Avenue to
and around the curve on Radcliffe (heading toward Bellevue Avenue). (See
previous 2 serials)
Notification Serial #8587
Repeal of No Parking
on Hinman Avenue, north side between
Delaware Avenue and a point 185' west 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
Hinman Avenue, north side At all times
between Delaware Avenue and
a point 185' west therefrom
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8588
Installation of No Standing on Hinman Avenue, north side between Delaware
Avenue and a point 315' west therefrom
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 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following; NO
STANDING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Hinman Avenue, north side At all times
between Delaware Avenue and
a point 315' west therefrom
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8589
Repeal of Permissive Parking on Delaware Avenue, west side between Wilbury
Place and Avery Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PROHIBITED PTN HWY PERIOD PERMISSIVE PKG - DAILY
Delaware Avenue, west side 1 hour parking
between Wilbury Place and 7: 00 a.m
Avery Avenue . to 7: 00 p.m.
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8590
Repeal of No Standing on Delaware Avenue, west side between Avery Avenue and
Hinman Avenue
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 PORTION HIGHWAY PROHIBITED PERIOD
Delaware Avenue, west side At all times
between Avery Avenue
Hinman Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8591
No Standing - Repeal on Delaware Avenue,
west side from a point 120' north of
Hinman Avenue to Ramsdell Avenue
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 47
9 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 HIGHWAY PROHIBITED PERIOD - DAILY
Delaware Avenue, west side 7:00 A.M. - 9:00 A.M.
from a point 120' north of Except Sunday
Hinman Avenue
to Ramsdell Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8592
Installation of Permissive Parking on Delaware Avenue, west side between
Wilbury Avenue and Hartwell Road
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD PERM PKG - DAILY
Delaware Avenue, west side 1 hour parking
between Wilbury Place and 7:00 a. m. to 7:00 p. m.
and Hartwell Road
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8593
Installation of No Standing on Delaware Avenue,
west side between Hartwell Road and a point
15 5' north of Hinman Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following-. NO
STANDING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Delaware Avenue, west side At all times
between Hartwell Road
and a point 155' north
of Hinman Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8594
Repeal of Permissive Parking on Delaware Avenue,
east side between a point 125' north of the south curbline of Shoreham Parkway
extended and Avery Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD PERM PKG - DAILY
Delaware Avenue, east side 1 hour parking
between a point 125' north of 7:00 a.m. to 7:00 p.m.
the south curbline of Shoreham Parkway
extended and Avery Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8595
Repeal of No Standing on Delaware Avenue, east side between Avery Avenue and
Sanders Road
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 PORTION HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Avery Avenue
and Sanders Road
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8596
Installation of Permissive Parking on Delaware Avenue, east side between a
point 125' north of the south curbline of Shoreham Parkway extended and
Hartwell Road
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following.
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Delaware Avenue, east side 1 hour parking
between a point 125' north of 7: 00 a. m. to 7: 00 p. m.
south curbline of Shoreham Parkway
extended and Hartwell Road
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8597
Installation of No Standing on Delaware Avenue, east side between Hartwell Road
and Sanders Road
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Hartwell Road
and Sanders Road
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8598
Repeal of Permissive Parking on Delaware Avenue, east side between Sanders Road
and a point opposite the south curbline extended of Ramsdell Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD PERM PKG - DAILY
Delaware Avenue, east side 1 hour parking
between Sanders Road 7:00 a.m. to 7:00 p.m.
and a point opposite the south except Sunday
curbline extended of
Ramsdell Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8599
Installation of No Parking
on Delaware Avenue, east side between Sanders
Road and a point opposite the south
curbline extended of Ramsdell Avenue
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 PORTION HIGHWAY PROHIBITED PERIOD
Delaware Avenue, east side At all times
between Sanders Road
and a point opposite the south
curbline extended of
Ramsdell Avenue
This action is being taken in conjunction with the Delaware Consumer
Square project.
Notification Serial #8600
Repeal of No Left Turn on Delaware Avenue,
southbound at Avery Avenue
REGULATION OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by repealing therefrom the following: REGULATION OF
TURNS
STREET AT INTERSECTION HOURS Delaware Avenue
Avery Avenue Daily
DIRECTION PROHIBITION 7:00 a. m.-10:00 a.m
southbound No Left Turn 4:00 p.m.-7:00 p.m
This action is being taken in conjunction with the Delaware
Consumer Square project.
Notification Serial #8601
No Standing - Repeal
on Elmwood Avenue, west side from the north building line of #314 Elmwood
Avenue to a point 90' north therefrom
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, west side 7:00 a.m. - 7:00 p.m.
from the north building line Except Saturday and Sunday
of #314 Elmwood Avenue
to a point 90' north therefrom
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8602
No Standing - Repeal
on Elmwood Avenue, east side from West Delavan
Avenue to Lexington Avenue
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, east side 4:00 p.m. - 6-00 p.m.
from West Delavan Avenue Except Saturday and Sunday
to Lexington Avenue
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8603
No Standing - Repeal on Elmwood Avenue, east side from Allen Street to Bryant
Street
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, east side 4:00 p.m. - 6:00 p.m.
from Allen Street Except Saturday and
Sunday
to Bryant Street
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8604
No Standing - Repeat
on Elmwood Avenue, east side from
Forest Avenue to Potomac Avenue
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, east side 4:00 p.m. - 6:00 p.m.
from Forest Avenue Except Saturday and Sunday
to Potomac Avenue
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8605
No Standing - Repeal
on Elmwood Avenue, west side from a point 82' south of Breckenridge Street to
West Delavan Avenue
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, west side 7:00 a.m. - 10:00 a.m.
from a point 82' south of Except Saturday and Sunday
Breckenridge Street
to West Delavan Avenue
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8606
No Standing - Repeal
on Elmwood Avenue, west side from Lexington Avenue to a point 112' south of
Breckenridge Street
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, west side 7:00 a.m. - 10:00 a.m.
from Lexington Avenue Except Saturday and Sunday
to a point 112' south
of Breckenridge Street
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8607
No Standing - Repeal
on Elmwood Avenue, west side from Forest
Avenue to Potomac Avenue
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, west side 7:00 a.m. - 10:00 a.m.
from Forest Avenue Except Saturday and Sunday
to Potomac Avenue
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8608
No Standing - Repeal on Elmwood Avenue, west side from Allen Street to Bryant
Street
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 HIGHWAY PROHIBITED PERIOD - DAILY
Elmwood Avenue, west side 7:00 a.m. - 10:00 a.m.
from Allen Street Except Saturday and Sunday
to Bryant Street
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue
Notification Serial #8609
Repeal of Permissive Parking on Elmwood Avenue, west side between West Delavan
Avenue and Potomac Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, west side 2 hour parking
from West Delavan Avenue and 7:00 a.m. to 7:00 p.m.
Potomac Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8610
Repeal of Permissive Parking on Elmwood Avenue, east side between West Delavan
Avenue and Potomac Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east side 2 hour parking
from West Delavan Avenue and 7:00 a.m. to 7:00 p.m.
Potomac Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8611
Repeal of Permissive Parking on Elmwood Avenue,
east and west sides between Lexington Avenue
and West Delavan Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east and west sides 2 hour parking
between Lexington Avenue 7:00 a.m. to 7:00 p.m.
and West Delavan Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8612
Repeal of Permissive Parking on Elmwood Avenue, west side between Potomac
Avenue and Forest Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG-DAILY
Elmwood Avenue, west side 2 hour parking
between Potomac Avenue 10:00a.m. to 7:00 p.m.
and Forest Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8613
Repeal of Permissive Parking on Elmwood Avenue, east side between Potomac
Avenue and Forest Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following-.
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east side 2 hour parking
between Potomac Avenue 7:00 a. m. to 4:00 p. m.
and Forest Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8614
Repeal of Permissive Parking on Elmwood Avenue, west side between Allen Street
and Bryant Street
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, west side 2 hour parking
between Allen Street 10:00 a.m. to 7:00 p.m.
and Bryant Street Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8615
Repeal of Permissive Parking on Elmwood Avenue, east side between Allen Street
and Bryant Street
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east side 2 hour parking
between Allen Street 7:00 a. m. to 4:00 p.m.
and Bryant Street Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8616
Repeal of Permissive Parking
on Elmwood Avenue, east side
between Bryant Street and Lexington Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the Following
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east side 2 hour parking
between Bryant Street 7:00 a. m. to 7:00 p. m.
and Lexington Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8617
Repeal of Permissive parking
on Elmwood Avenue, west side between
Bryant Street and Lexington Avenue
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, west side 2 hour parking
between Bryant Street 7:00 a. m. to 7:00 p. m.
and Lexington Avenue Except Sunday
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8618
Installation of Permissive Parking on Elmwood Avenue, east and west sides
between Forest Avenue and Allen Street
PERMISSIVE 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 25 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERMISSIVE PKG - DAILY
Elmwood Avenue, east and west sides 2 hour parking
between Forest Avenue 7:00 a. m. to 7:00 p. m.
and Allen Street Except Saturday and Sunday
(excluding existing No Parking and
No Standing zones)
This action is being taken in order to allow longer on-street parking (by
removing peak hour parking restrictions) along Elmwood Avenue between Allen
Street and Forest Avenue.
Notification Serial #8619
Install Stop Signs (All-Way) in
Morris Avenue at Beard Avenue
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Morris Avenue Beard Avenue
Notification Serial #8620
Install Stop Signs (All-Way) in Parker Avenue
at Beard Avenue
STOP SIGNS (ALL-WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Parker Avenue Beard Avenue
Mrs. LoTempio moved
That the Notification Serial #8584-8600 be referred to the Committee on
Legislation ; and
That Notification Serial #8601-8620 be received and filed.
ADOPTED.
No. 37
Accept Grant Community Action for Traffic Safety
The City of Buffalo has applied for and been offered a grant from
the New York State Governor's Traffic Safety Committee. This year's grant is
in the amount of $60,000. With this grant the City would enter into contract
agreement with a project director who would coordinate a pedestrian and bicycle
comprehensive safety program. The grant will reimburse the City for the
director's cost, along with partial reimbursement for the services of Police
Officers and an in-house engineer.
I respectfully request Your Honorable Body's authorization to accept this
grant from the State and to enter into agreement with Ms. Francina Cartonia,
217 West Klein Road, Williamsville, to provide the services of the project
director at a base cost of $44,000 per year plus 35% fringe benefits. The
director's salary will be reimbursed by the State under the terms of the grant.
Ms. Cartonia was chosen as the director because of her prior experience
working on similar projects for the City of Buffalo and the County of Erie.
Ms. Cartonia was also the developer of the grant proposal and shepherd of its
approval by the State.
We also respectfully request that Your Honorable Body authorize the
Comptroller to provide an interfund cash loan in the amount of the grant. The
loan would be repaid as reimbursements are received from the State of New York.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 13, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
accept a grant from the New York State Governor's Traffic Safety Committee in
the amount of $60,000 and to enter into an agreement with Ms. Francina
Cartonia, 217 West Klein Road, Williamsville, to provide the services of the
project director at a base cost of $44,000 per year plus 35 % fringe benefits;
and that the Comptroller be, and he hereby is authorized to provide an
interfund cash loan in the amount of $60,000 to be repaid as reimbursements are
received from the State of New York.
PASSED.
AYES- 13 NOES- 0.
No. 38
Permission to Prepare Plans & Specifications and Advertise for the Construction
of Curb & Sidewalk at Elmwood Avenue from West Delavan Avenue to Forest Avenue
Group #414
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Construction
of Curb & Sidewalk for Group 4414 - Elmwood Avenue from West Delavan Avenue to
Forest Avenue.
This project is to include the replacement of the existing damaged
curbing and sidewalk on Elmwood Avenue.
This project was approved as part of the 1995-1996 Capital Improvements
Budget. These bonds have not been scheduled to be sold but the comptroller has
advised that he will forward an inter fund loan transfer so that these projects
can be forwarded in a timely manner. The interfund loan will be transferred to
the Capital Projects Fund 4200-401-034.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 20, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for scaled proposals for the
Construction of Curb & Sidewalk for Group #414 - Elmwood Avenue from West
Delavan Avenue to Forest Avenue.
ADOPTED.
No. 39
South Park Lift Bridge
Barrier Gate Repair
I hereby request permission of Your Honorable Body to allow the
Commissioner of Public Works to hire a contractor, on a time and material
contract, to repair the road barrier gates on the South Park Avenue Lift Bridge
that are not working at this time and must be repaired prior to the beginning
of the shipping season.
What we are proposing is to hire Hohl Industries, who is presently
working on the Michigan Avenue Lift Bridge on a Mechanical Contract for us, to
perform this work. It would be difficult to bid this work due to the fact that
the actual work required can not be defined until dismantling and inspection is
complete. We feel that two separate contracts for the inspection and repair
would not be practical or cost efficient because of the work necessary to
dismantle and inspect the gate.
We have contacted three other contractors to discuss the project.
Industrial Repair and Machine Service and Gateway Welding Service, both agreed
that a time and material contract would be the best and most cost effective way
to go. The third contractor contacted was Metal Locking Service who did not
respond. The reason we picked Hohl Industries is because he is doing similar
work for us on the Michigan Avenue Lift Bridge. We do not expect this work to
exceed $30,000.00 it the worst case repair is needed.
Funds for this work are available in the Division of Engineering Account
No. 200-401-015.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
West Ferry Street Lift Bridge
Drive Motor Repair Investigation
I hereby request permission of Your Honorable Body to allow the
Commissioner of Public Works to hire a contractor to investigate a stalling out
problem we are having with the 41 drive system at the West Ferry Street Lift
Bridge. This problem has been gradually getting worse over the last three or
four years.
At this time we are proposing to hire a contractor to define the problem
and determine if it can wait until the next Bridge Rehabilitation Project to
make the necessary repair. We have contacted three contractors and asked them
to supply us with a cost for this work. The following is the summary of the
informal bids received:
Contractor Cost
Hohl Industries $3,644.00
Industrial Machine and Repair $6,010.00
Metal Locking Service Did Not Respond
Therefore, I am requesting Your Honorable Body allow the Commissioner of
Public Works to hire Hohl Industries to perform this work.
Funds for this project are available in the Division of Engineering Bond
Fund No. 200-401-015.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 15, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the West Ferry Street Lift Bridge, Drive Motor Repair
Investigation, to Hohl Industries in the amount of $3,644.00, the lowest
responsible bidder. Funds for this project are available in the Division of
Engineering Bond Fund No. 200-401-015.
PASSED.
AYES- 13 NOES- 0.
No. 41
Erie Basin Marina
Repair of Docks from Ice Damage
I hereby request permission of Your Honorable Body to allow the
Commissioner of Public Works to hire a contractor to make repairs to the finger
docks at the Marina.
The strong winds over the last few weeks has caused the ice to raise and
lift the fingers off their pilings. This has happened many times and we are
usually able to knock them back down. If the ice forces them to raise higher
than the piling, they will get hung up on the top and have be jacked up,
realigned, and lowered to their original position. It costs a lot less if a
contractor can work off the ice (in the $5,000.00 range) rather than bring in a
barge (in the $20,000.00 range) to perform this work.
Therefore, I am requesting Your Honorable Body allow the Commissioner of
Public Works permission to hire a contractor by the informal bid process to
perform this work. We will report the result of the bids to the Common
Council.
Funds for this work are available in the Division of Engineering Bond
Fund No. 200-401-532.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 16, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
hire a contractor to make repairs to the finger docks at the Erie Basin Marina
and report back to the Council the result of such bids. Funds for this project
are available in the Division of Engineering Bond Fund No. 200-401-532.
PASSED.
AYES- 13 NOES- 0.
No. 42
Permission to Engage Consultant
Historical Society
Stair and Retaining Wall Restoration
I respectfully request Your Honorable Body's permission to engage
an Architectural/ Engineering consultant to prepare plans and specifications,
advertise and receive sealed proposals for the Restoration of the Stair and
Retaining Wall at the Buffalo and Erie County Historical Society.
Funds for this consulting work are available in Capital Project Fund
200-402-060.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Second Extension of Contract
City Contract No. 91841300
Waterline Installation - Buffalo
River - Spann to Pierce
In accordance with the terms of the contract between the City
of Buffalo and Kandey Company, Inc., city Contract No. 91841300, Waterline
Installation Buffalo River - Spann to Pierce, the work called for in this
contract was scheduled to be completed by January 5, 1996. Per CCP # 29 of
December 26, 1995 an extension of contract was granted to February 2, 1996.
The contractor has requested a second extension of time in this contract
due to severe weather conditions.
Accordingly, I have granted a second extension of time in the contract
with Kandey Company, Inc. The new completion date for this contract is May 30,
1996.
REFERRED TO THE COMMITTEE ON FINANCE
No. 44
Extension of Contract
City Contract No. 91835600
Venturi House & Valve House Rehab.
Col. Ward Station, Contract 431E
In accordance with the terms of the contract between the City
of Buffalo and Tunney Electric, City Contract No. 91835600, Venturi House and
Valve House Rehabilitation at Col. Ward Pumping Station, Contract No. 31E, the
work called for in this contract was scheduled to be completed by January 23,
1996.
The contractor has requested an extension of time in this contract due to
the heating equipment not being on site, they were unable to progress as
scheduled. Tunney Electric will be unable to proceed with their work until the
heating equipment is installed.
Accordingly, I have granted an extension of time in the contract with
Tunney Electric. The new completion date for this contract is April 7, 1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Extension of Contract
City Contract No. 91835800
Venturi House & Valve House Rehab.
Col. Ward Station, Contract #31G
In accordance with the terms of the contract between the City
of Buffalo and C & A Painting Contractors, Inc., City Contract No. 91835800,
Venturi House and Valve House Rehabilitation at Col. Ward Pumping Station,
Contract No. 31G, the work called for in this contract was scheduled to be
completed by January 23, 1996.
The contractor has requested an extension of time in this contract due to
adverse weather conditions beyond their control. In addition to the weather
delays, C & A encountered difficulty shutting down several valves throughout
the project.
Accordingly, I have granted an extension of time in the contract with C &
A Painting Contractors, Inc. The new completion date for this contract is May
31, 1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Extension of Contract
City Contract No. 91836300
Venturi House & Valve House Rehab.
Col. Ward Station, Contract #31H
In accordance with the terms of the contract between the City
of Buffalo and BH Refrigeration, Inc., City Contract No. 91836300, Venturi
House and Valve House Rehabilitation at Col. Ward Pumping Station, Contract
No. 31H, the work called for in this contract was scheduled to be completed by
January 23, 1996.
The contractor has requested an extension of time in this contract due to
delays in progress by the general contractor and equipment delays from their
suppliers.
Accordingly, I have granted an extension of time in the contract with BH
Refrigeration, Inc. The new completion date for this contract is April 7,
1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Extension of Contract
City Contract No. 91837900
Sluice Gate Installation
Emerald Channel Intake, # 27
In accordance with the terms of the contract between the City
of Buffalo and Emark Marine Services, City Contract No. 91837900 ' Sluice Gate
Installation, Asbestos Removal and Root Modifications at the Emerald Channel
Intake, Contract No. 27, the work called for in this contract was scheduled to
be completed by January 23, 1996.
The contractor has requested an extension of time in this contract due to
early inclement weather in the fall of 1995. In addition, Emark Marine
encountered a two to three week delay during November due to a revision in the
length and type of anchor rods and brackets required based upon a change in
field conditions.
Accordingly, I have granted an extension of time in the contract with
Tunney Electric. The new completion date for this contract is September 1,
1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Extension of Bridge
Consultant Contract
Item No.114, C.C.P. 01/23/96
I hereby request permission to change the account number on the
above mentioned project. In our request for permission to extend the Bridge
Repair Contract to T.V.G.A. Consulting Engineers in Item No. 14, C.C.P. of
January 9, 1996 and approved in Resolution No. 114, C.C.P. of January 23, 1996,
we mistakenly identified Bond Fund No. 200-401-023. This account should have
been identified as Bond Fund No. 200-401-507.
Therefore, I hereby request Your Honorable Body to allow the Commissioner
of Public Works to change the account number.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 15, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
correct the account to read as Bond Fund No. 200-401-507, as previously
approved in Item No. 114, C.C.P., January 23, 1996 for the Bridge Repair
Contract Extension to T.V.G.A. Consulting Engineers as more fully described in
the above communication.
PASSED.
AYES- 13 NOES- 0
No. 49
Michigan Avenue Bridge
Over Conrail Tracks - Emergency Repairs
Item No. 13; C.C.P. 01/09/96
I hereby request permission to change the account number on the
above mentioned project- In our request for permission to make the necessary
emergency repairs in Item No. 21; C.C.P. October 31, 1995 and approved in
Resolution in No. 13, C.C.P. of January 9, 1996, we mistakenly identified Bond
Fund No. 200-401-023. This account should have been identified as Bond Fund No.
200-401-015.
Therefore, I hereby request Your Honorable Body to allow the Commissioner
of Public Works to change the account number.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 14, 1996, be received and filed, and
That the Commissioner of Public Works be, and he hereby is, authorized to
correct the account to read as Bond Fund No. 200-401-015, as previously
approved in Item No. 13, C.C.P., January 9, 1996 for emergency repairs to the
Michigan Avenue Bride as more fully described in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 50
Change Order No. 1
Sluice Gate Installation
Emerald Channel, # 27- City Contract No. 91837900
I hereby submit to your Honorable Body the following Change order
No. 1 with Emark Marine Services, Inc. for work relating to Sluice Gate
Installation, Asbestos Removal and Roof Modifications Project at the Emerald
Channel Intake, Contract No. 27, City Contract No. 91837900:
New Work Item No. 1
Lump sum increase to purchase and install additional structural anchor
bolts and modify existing anchor brackets utilized for the retention of the
sluice gate thimbles. Increase
$ 47,785.00
New Work Item No. 2
Unit price increase to weld anchor brackets to intake draft tubes as
necessary to secure sluice gate thimble anchor plates. 48 brackets @ $682.00
each.
Increase: $ 32,736.00
New Work Item No. 3
Lump sum increase to cut, remove and dispose of existing wooden timbers
from the intake structures
Increase: $1,800.00
Costs have been reviewed by the Department of Public works and the
Consulting Engineer and found to be fair and equitable.
SUMMARY:
Original Amount of Contract $ 391,500.00
Change Order No. 1- Increase 82,321.00
Current Amount of Contract $ 473,821.00
Funds in the amount of $82,321.00 are available in the Division of
Water's 416-983-010-00-000 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.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 6, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order No. I to Emark Marine Services, Inc., changes resulting in a
net increase in the amount of $82,321.00, as more fully described in the above
communication, for work relating to Sluice Gate Installation, Asbestos Removal
and Roof Modifications Project at the Emerald Channel Intake, Contract No. 27,
City Contract #91837900. Funds to be charged to the Division of Water's
416-983-010-00-000 Capital Projects Account.
PASSED.
AYES- 13 NOES- 0.
No. 51
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. Revisions to site sewer work as directed by the
Plumbing inspector after receipt of bids.
Add $7,416.00
The foregoing changes result in a net increase in the contract of Seven
Thousand Four Hundred Sixteen and 00/100 Dollars ($7,416.00).
Summary: Original Amount of Contract $ 3,151,000.00
Change Order No. 1, CCP 01/09/96, item 11 Add 87,853.00
Change Order No. 2, CCP 01/23/96; item 22 Add 6,544.00
Amount of This Change (No. 3) Add
7,416.00
Revised Amount of Contract $
3,252,813.00
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Consulting Architect and 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
February 14, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order No. 3 to Nichter Construction Co., Inc., changes resulting
in a net increase in the amount of $7,416.00, as more fully described in the
above communication, for work relating to Ken-Bailey Recreation Center, C
#91820500. Funds to be charged to the Division of Building's B/F 200-402-022.
PASSED.
AYES- 13 NOES- 0.
No. 52
Report of Bids
City Court ADA Compliance
I advertised for on January 23,1996 and received the following
sealed proposals which were publicly opened and read on February 13, 1996:
General Construction Work
Gerald T. Stay Co. $156,000.00
Amherst Const. Inc. $165,267.00
Williams General Cont. $167,288.00
Maralex, Inc . $168,300.00
Wilsandra Constr. $169,000.00
Kostas $174,980.00
Miller Enterprise $177,000.00
BRD $179,850.00
Nichter Construction $181,000.00
C H Bryon $191,000.00
Clarence Associates $193,391.00
Rayford Enterprises $195,178.00
Hadala $199,950.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Gerald T. Stay Co. in the amount of One Hundred
Fifty Six Thousand and 00/100 Dollars ($156,000.00) is the lowest responsible
bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-062 - Division of Buildings.
Total estimate for this work was $225,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 13, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for general construction work at City Court, to Gerald T. Stay
Co. in the amount of $156,000, the lowest responsible bidder. Funds for this
project are available in B/F 200-402-062 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 53
Report of Bids
City Court - ADA Compliance
I advertised for on January 23, 1996 and received the following
sealed proposals which were publicly opened and read on February 14, 1996.
Electrical Construction Work
Goodwin Electric $16,195.00
Plumbing Construction Work
Joseph Carino Plumbing $12,740.00
Numarco $16,700.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
Electric Construction Work - Goodwin Electric in the total
amount of $16,195.00
Plumbing Construction Work - Joseph Carino Plumbing in the
total amount of $12,740.00
I recommend that your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bids, Funds for this work are
in B/F 200-402-029-Division of Buildings.
Total estimate for this work was $225,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
February 13, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for electrical construction work at City Court, to Goodwin
Electric in the amount of $16,195.00, the lowest responsible bidder and a
contract for plumbing construction work to Joseph Carino Plumbing in the amount
of $12,740.00, the lowest responsible bidder. Funds for this project are
available in B/F 200-402-029 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 54
Report of Bids
Reconstruction City Hall - Entrance Doors
I advertised for on January 30, 1996 and received the following
sealed proposal which was publicly opened and read on February 13, 1996.
Nichter Construction $168,000.00
Baehre & Shumway Declined to bid.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Nichter Construction, in the amount of One Hundred
Sixty Eight Thousand and 00/100 Dollars ($168,000.00) is the lowest responsible
bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-012 - Division of Buildings.
Estimate for this work was $175,000.00
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Report of Bids For the Closing of the
Hamburg Street Bridge over Exchange
Street and Conrail.
On December 13, 1995 the New York State Department of Transportation
issued several Red Structural Flags to the Hamburg Street Bridge over Exchange
Street and Conrail. We have asked our consultant to review these flagged
conditions and make a recommendation to the City. After reviewing the flagged
condition for this bridge our consultant has recommended immediate closure of
the bridge. Furthermore, the New York State Department of Transportation will
be completely reconstructing this bridge in the fall of this year and we have
estimated the repairs to keep the structure open till then to cost in the area
of $500,000.00. Therefore, I am declaring an emergency situation and have
ordered the bridge closed to vehicular traffic.
I have requested from three contractors quotations for detour signs and
barricades for a permanent closure of this bridge. They are as follows:
Contractor Bid
Destro & Brothers Concrete Co. Inc. $ 19,000.00
M. Falgiano Construction $ 19,500.00
Gateway Welding Services, Inc. No Bid Received
I hereby certify that the lowest responsible bidder for the above project
is Destro & Brothers Concrete Co. Inc., and I hereby notify your Honorable Body
that I have ordered the work and the cost thereof to be charged to the Division
of Engineering Bond Fund 200-401-015 in and amount of $ 19,000.00, plus
approved unit prices for an additional amount of $ 1,900.00 for a total
encumbrance of $ 20,900.00.
The above is certified to be a true and correct statement of the bids received.
This resolution is for informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Reduce Retention
City Contract No. 91806200
Filtration Plant Improvements
Flocculation System, #7G
The contract for Filtration Plant Improvements, Flocculation System
Improvements, No. 7G between the City of Buffalo and John W. Danforth Company,
City Contract No. 91806200, is 99%- complete. The remaining work cannot be
completed until the Spring of 1996.
It is respectfully requested that your Honorable body authorize the
reduction of retention in this contract from ten percent currently being held
to approximately three percent or $31,492.00.
The $31,492.00 would be withheld from the contractor until the remaining
work is completed satisfactorily.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated February
6, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
reduce the retention in this contract from ten percent (10%) to three percent
(3%) or $31,492.00 to John W. Danforth Company, City Contract No. 91806200 for
Filtration Plant Improvements, Flocculation System Improvements, No. 7G.
PASSED.
AYES- 13 NOES- 0.
No. 57
Request Open Gift Shop In City Hall
Item No. 70 CCP 10/31/95
Please be advised that the Department of Public Works has carefully
reviewed a request from Norma Elaine Hartinger regarding the opening of a gift
shop in the City Hall basement. With the recent merging of the print shops run
by the Department of General Services, the Buffalo Police Department, and the
Board of Education, there is no available space in the basement of City Hall.
The Marriott Corporation, which currently runs the City Hall cafeteria, is
under a "no compete clause" with "The People of the State of New York" who run
the lobby concession stand. According to this "no compete clause" the lobby
concession stand is the sole provider of cigars, cigarettes, tobaccos, candy,
chewing gum, life savers, newspapers, magazines, greeting cards, pens, pencils,
souvenirs, novelties, kleenex tissue, health aids, and simple drug products
such as aspirin. This lease was approved by Your Honorable Body pursuant to
Item 16, CCP 2/21/95.
RECEIVED AND FILED.
No. 58
Maintenance of Jubilee Center
Item No. 203, C.C.P. 2/6/96
The referenced item was referred to this department for a response
regarding maintenance and cleaning of the Jubilee Center located at 1936
Niagara Street. Although the Department of Public Works is responsible for
maintaining all City-owned buildings, the cleaning of this facility is the
responsibility of Human Resources, Parks & Recreation. Public Works does not
provide cleaning services for any City-owned buildings other than City Hall and
City Court. I have recently spoken to Commissioner Durawa and offered our
assistance in any maintenance matter than he may require.
RECEIVED AND FILED.
No. 59
Recycling in City Hall
Item No. 165, CCP 01/23/96
The above referenced Resolution has been referred to this Department
for a report back to Your Honorable Body.
When the cost to pick up and dispose of commingled recyclables (glass,
cans and plastic) exceeded the cost to dispose of solid waste, it was not
financially effective to provide a separate collection of these materials in
City Hall. With the new agreement now in place with C.I.D. this Department
will begin a trial collection program utilizing the new recycling bins to be
provided by C.I.D. and our blue boxes. Pick up of commingles from City Hall
will be done by the Street Sanitation Department.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 60
Pay phone Applications
(2), Digitel Pay phone Communications
Mr. James Knab, of Digitel Payphone Communications, 10 James Street,
Tonawanda, New York, 14150, has requested permission to install two (2) public
payphones within City right-of-way as described in Chapter 441 (Telephone
Facilities) of the City Ordinances.
The proposed payphone locations are as follows:
1. 1096 Elmwood Avenue
2. 98 Elmwood Avenue
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 be 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. 61
Payphone Applications
(11), Western New York Communications
Mr. A.L. Wieler of Western New York Communications, 544 Winspear
Ave., Buffalo, NY 14215, has requested permission to install eleven (11) public
payphones within City right-of-way as described in Chapter 441 (Telephone
Facilities) of the City Ordinances.
The proposed payphone locations are as follows:
1. 938 Kensington Avenue
2. 1865 Bailey Avenue
3. 1067 Broadway
4. 360 William Street
5. 707 William Street
6. 984 Jefferson Avenue
7. 397 Jefferson Avenue
8. 1436 Michigan Avenue
9. 367 Goodyear Avenue
10. 255 Carolina Street
11. 202 Allen 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 be 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. 62
Certificate Of Appointment
Appointment effective February 12, 1996 in the Department of Public
Works Division of Water, Lori Anne Rahn, 67 Sidway Street, Buffalo 14210, to
the Position of Sr. Data Processing Equipment Operator, Permanent, at the
intermediate starting salary of $25,509.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 63
Info. Police Policy-Use of Sprays
Attached is a copy of an independent research report conducted
for the Buffalo Police Department and published in the prestigious Canadian
Police Journal regarding pepper spray. All questions concerning the training,
use and toxicity of spray are answered in this article.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Board of Education: Dare
Enhancement Program
The Buffalo Police Department is requesting authorization for
the Mayor to execute the attached agreement for or a DARE Enhancement Grant,
under the Extended Day/Violence Prevention Program between the Board of
Education and the Buffalo Police Department, for the period March 1, 1996
through June 30, 1996.
Under this agreement, the Board of Education will reimburse the Buffalo
Police Department in the amount not to exceed $30,000 for project related
supplies and equipment (essential printing and duplicating equipment, student
incentive T-shirts, etc.)
We were notified on February 13, 1996 by the Department of Curriculum
Evaluation that this funding would be available to the City to enhance the
efforts of the DARE Program as conducted by the Police Department. We were
advised by the Board of Education that the agreement between the City of
Buffalo and the Board must be signed by March 1st as a Board must encumber the
funds by that date.
I am respectfully requesting that your Honorable Body authorize
permission for the Mayor to enter into this agreement (see draft copy attached
from Board of Education) .
Since the Board of Education has stipulated that this is a
$'reimbursement type program", we are also respectfully requesting that Your
Honorable Body authorize the Comptroller to provide for an inter-fund cash loan
in the amount of $30,000. This cash advance would be spent on the items listed
within the attached contract until such reimbursement is secured from the Board
of Education. The loan would then be repaid once the money has been sent to
the Police Department from the Board of Education.
Because of the March 1st deadline that has been imposed upon us by the
Board of Education, we are asking that your Honorable Body review this
information and vote on this matter at your full meeting on February 20th.
If you have any questions or require additional information, please feel
free to contact either Captain Edward C. Hempling or Report Technician Maureen
Oakley at ext. 4475.
Thank you for your immediate attention to this matter.
Mrs. LoTempio moved:
That the communication from the Department of Police, dated February 14,
1996, be received and filed; and
That the Mayor be, and he hereby is, authorized to enter into an
agreement for a DARE Enhancement Grant, under the Extended Day/Violence
Prevention Program between the Board of Education and the Buffalo Police
Department, for the period March 1, 1996 through June 30, 1996 in an amount not
to exceed $30,000; and that the Comptroller be, and he hereby is authorized to
provide an interfund cash loan in the amount of $30,000. The loan will be
repaid once the funds have been sent to the Police Department from the Board of
Education.
PASSED.
AYES- 13 NOES- 0.
FROM THE CORPORATION COUNSEL
No. 65
Times Beach
Attached is letter dated February 7, 1996, to Hon. Togo D. West,
Secretary of the Army, delivering the Deed to Times Beach to the United States
of America.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 66
Convention Center
For your information, attached are the following documents which
I have recently received:
Letter from Richard J. Schechter, Assistant County Attorney, dated
February 5, 1996; and
Amendment to the May 28, 1975, Agreement for the Financing, Construction,
Leasing and Operation of a Convention Center between the County of Erie and the
City of Buffalo which has been executed by the Erie County Executive.
Mrs. LoTempio moved:
That the communication from the Department of Law, dated February 7,
1996, be received and filed; and
That this Common Council approves the Convention Center Agreement
Amendment to the May 28, 1995 Agreement for the Financing, Construction,
Leasing and Operation of a Convention Center between the County of Erie and the
City of Buffalo which as been executed by the Erie County Executive; and that
the Mayor be, and he hereby is, authorized to execute this agreement.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 67
Convention Center
For your information, attached is a letter dated February 15,
1996, to Council President James W. Pitts addressing some concerns relative to
the County's take over of the Convention Center.
RECEIVED AND FILED.
No. 68
City-Wide Referendum - Additional
1% Sales Tax
Item No. 169, C.C.P. 2/6/96
Opinion No. 96-9
You have asked the Law Department to respond to two questions
regarding the above cited resolution, the timetable for placing a resolution on
the extra 1% sales tax on the November 1996 general election ballot and whether
the referendum would be considered an advisory opinion or a formal notification
of the City exercising its rights under the sales tax agreement.
As a preliminary matter, the resolution requests an advisory referendum
be prepared for the November ballot. However, it is well-settled law that, in
the absence of express statutory authority, an advisory referendum by a city is
not authorized. Silberman v. Katz, 54 Misc. 2d 956, 959 (Sup. Ct. N.Y.
County), aff'd without opinion, 28 A.D.2d 992 (1st Dep't 1967); see also Mun.
Home Rule Law 2(9)(b). Section 23 of the Municipal Home Rule Law specifies
subject matter requiring a "mandatory" public referendum, whereas section 24 of
that law specifies subject matter which may be submitted to a "permissive"
referendum upon the initiative of the public by means of a petition process.
Specifically as to the issue proposed in this resolution, in 1986 Your
Honorable Body adopted a resolution seeking an advisory referendum as to
whether the 1% sales tax increase should be eliminated. No. 297, C.C.P.,
7/22/86. When Your Body requested that the Law Department prepare the question
for the ballot, the Corporation Counsel rendered an opinion that, since the
City has no power to extend or to terminate the State-imposed 1% sales tax
addition, the City may not submit to referendum any question concerning its
elimination. No. 111, C.C.P., 9/16/86.
Therefore, questions at to the timetable for a resolution on that issue
and the affect of passage of that resolution appears to be moot.
REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS.
No. 69
Required Filing of Disclosure
Statements by Employees of Buffalo
Development Companies
No. 204, C.C.P., 2/6/96
Opinion No. 96-7
You asked the Law Department to render an opinion regarding inclusion
of the officers, employees, and personal service/consultant contractors of the
Buffalo Development Companies, and its auxiliary agencies (for example, the
Buffalo Neighborhood Revitalization Corp., Development Downtown, Inc., Buffalo
Enterprise Development Corp.) under the City's Code of Ethics, in particular
the obligation to file disclosure statements.
The City may insist that these agencies comply with the City's Code of
Ethics, including the obligations to file annual and transactional disclosure
statements.
Each of these auxiliary agencies is a City Development Agency pursuant to
Administrative Code 6-2 1, which defines such agencies as including "every
corporation which acts for or on behalf of the city in expending money granted
to the city or such corporation for development purposes. " Officers and
employees of such agencies are subject to a Code of Ethics comparable to the
City's Code of Ethics. Admin. Code 6-24.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 70
Affirmative Action Plan
Item No. 99, C.C.P., 9/5/95
You have requested a response from the Department of Law regarding
the New Affirmative Action Plan (the "Plan") prepared by the Department of
Administration and Finance's Division of Labor Relations. Our review of the
document raises some concerns which should addressed before the Plan is adopted
by the Common Council.
Here is a list (not in any order of importance) of the issues and areas
that struck this department upon reviewing it:
a. In the "Reaffirmation" section, discrimination based on "age (over 40)"
is declared against City policy, The over 40 prohibition is in keeping with the
federal Age Discrimination in Employment Act (ADEA, 26 USC 600 et seq.);
however, the state Human Rights Law (Executive Law, Section 290, et seq.)
prohibits discrimination based on age from eighteen years old up. The
reference to "over 40" should be stricken.
b. In the "Statement of Purpose" section, the last paragraph states that
nothing in the plan shall constitute an admission that the City has
discriminated in the past. It appears to me that the statement conflicts with
Supreme Court holdings that remedial actions should be narrowly written to
redress actual discrimination in employment or public contracting.
c. In connection with the above paragraph, the plan is confusing and
conflicting insofar as it equates "equal employment opportunity" with
"affirmative action" they are not the same thing. The City has (adopted in
1974) an Equal Opportunity Policy embodied in Chapter 35, Section 35-12 of the
Code. Is that code section to be amended to set forth the new "Affirmative
Action Policy"?
d. Some may question if the Affirmative Action Policy is to supersede Civil
Service lists for the under-represented positions. This department tends to
think that it would not supersede Civil Service lists unless any court order on
the subject specifically addressed such use. Or is the Policy intended to be
applicable to the construction contract aspect only?
e. The apparent increased use of an internal investigating body and/or
officer is of concern:
(i) The initial complaint-taking, investigation and resolution of complaints
should be informal, and above all, confidential;
(ii) regarding more formal procedures for complaints, there is concern that
such procedures and determination will create a record that will make defense
of such complaints filed with the SDHR or EEOC impossible: the only issue
remaining would be to determine damages;
(iii) should there be a need for more formal procedures, should these not be
better carried out under Section 75 of the Civil Service Law or the applicable
Collective Bargaining Agreement (most CBA'S, if not all, have a clause
prohibiting discrimination on various grounds), since, assumably, there will be
penalties invoked if a complaint is sustained?
(iv) also concerning the paragraph above, the question of whether a
complainant can be compelled to waive their rights to proceed before state or
federal agencies with jurisdiction over discrimination complaints by submitting
to in-house proceedings or contractual arbitration of discrimination claims;
(v) Complainants should be advised only of the existence of the SDHR and the
EEOC for filing discrimination complaints. The issue of whether a complainant
should file with one or the other, or both, of these agencies is a legal
question that is for the complainant and his/her attorney to decide in the
complainant's interest;
f. Regarding the provisions for analysis, evaluation and possible review of
job title specifications, has such a review been commenced under the Americans
with Disabilities Act? Apart from the ADA, what if there is neither the money
nor the manpower to undertake such a review and implement its findings?
Further research is necessary to determine what would be the effect of a
failure to meet the policy's mandates. Would an allegedly aggrieved person
have a cause of action? Could such failure be used as evidence of continuing
Discrimination in the allegedly under-represented positions?
g. In the "Contract Compliance" section, the initial section should be
deleted and replaced with the following language:
It is the policy of the City of Buffalo to organize and administer its
operations and owners to provide the greatest possible benefit to all residents
of the City of Buffalo and to insure that equal opportunity to participate is
provided to minority group members, women, minority-owned business enterprises
and woman-owned business enterprises that the work force and recipients of the
benefits of business opportunities generated by the City will reflect the
diversity of the City of Buffalo to the greatest extent possible. A factor to
be considered in the awarding of all incentives and contracts, including,
without limitation, purchases, land dispositions, awards and grants, and in
determining whether a party is a "responsible bidder" will be such party's
demonstrated willingness and ability to implement a similar policy covering all
of its hiring, promotions, purchasing and contracting. The City is committed
to providing appropriate assistance in that development and implementation of
such policies, upon request, to parties wishing to do business with the City of
Buffalo.
h. The entire document should be reviewed and updated to use current City of
Buffalo titles and departments (i.e., Department of Human Resources is now
Department of Human Services, Parks and Recreation, etc).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 71
Affirmative Action Plan Meeting
Item No. 99, C.C.P., 9/5/95
In light of the many concerns the Law Department has regarding
the Affirmative Action Plan, we would like to request a meeting with the Common
Council, the Department of Human Services, Parks and Recreation, the Division
of Labor Relations, the Mayor's Advocacy Office for the Handicapped and any
other interested parties to discuss any proposed modifications to the Plan
before it is adopted by the city.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 72
Crossroads Arena Project
Requisition # 14
Attached is Memorandum from Carolyn H. Hoyt, Project Director,
Marine Midland Arena, enclosing a revised Construction Requisition Summary --
Request for Advance Summary reflecting a correction made to the current
retainage figures.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 73
Marine Midland Arena
Attached is Requisition No. 15 relating to the Crossroads Arena
Project.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 74
Special Events Ordinance
Item No. 190, C. C. P. 2/6/96
Please find attached for filing another amended version of the
Special Events ordinance, replacing Item No. 190, C.C.P. 2/6/96. The amendment
only changes the final sentence of Section 414-6(A), adding "to this
application process" to that sentence. The sentence now reads "Exceptions to
this application process may be made for justifiable reasons upon petition to
the Special Events Coordinator. " To address concerns raised by this Honorable
Body, this amendment expressly affords redress to applicants requesting
exceptions from the application process, including allowing an appeal pursuant
to Section 414-7(C) of the Special Event Coordinator's decision.
RECEIVED AND FILED.
No. 75
John P. Glynn - Employment Status
Item No. 60, C.C.P., 1/9/96
You have requested a response from the Law department regarding
the employment status of John P. Glynn. Mr. Glynn maintains that he is a
permanent employee because he worked continuously in the position of Laborer II
from April 30, 1990 until his retirement on April 20, 1992. He was classified
as seasonal by the Civil Service Commission and the Parks Department during the
time of his employment. At this time you wish to know if the Common Council may
consider Mr. Glynn to be a permanent employee.
Seasonal employees are not governed under the New York Civil Service Law.
Their status has been determined by the collective bargaining agreement of the
job classification. In this instance, the Collective Bargaining Agreement
between the City of Buffalo and Local 264, AFSCME, AFL-CIO (the "Agreement")
governs the position of Laborer 11. The Agreement provides the terms and
conditions of employment, including the qualifications of achieving permanent
status. Section 23.3 of the Agreement allows an employee holding the title of
Laborer 11 to attain permanent status after serving satisfactorily and
continuously for twelve (12) consecutive months, then they would receive all of
the rights and privileges afforded those under the Agreement. However, section
23.4 of the Agreement states that "employees holding the title of Laborer I
(seasonal) or Laborer 11 (seasonal) shall be excluded from the provisions of
this Agreement. "
Mr. Glynn was classified as a seasonal employee by his department. The
Civil Service Commission, upon certifying his qualification for the position,
accepted him as such. Neither the Civil Service Commission nor the Common
Council have the jurisdiction to change that determination.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 76
Permission to Accept Fund Transfer
Street Reconstruction/Overlay Program
I respectfully request that Your Honorable Body accept a fund
transfer for the street reconstruction/overlay program. The amount to be
transferred is $403,700 from Community Development Block Grant Account 94-50200
to Fund 100 Ledger No. 402000 Dept./Div. 401 Revenue No. 81118.
This transfer is a portion of a $781,524 program funded with CDBG monies.
At present 16 streets in 5 Councilmanic Districts have been overlaid. When
additional eligible streets are completed another transfer will be requested in
the summer of 1996.
Mrs. LoTempio moved:
That the communication from the Department of Community Development
dated, February 6, 1996 be received and filed; and
That the Common Council accept a fund transfer for the street
reconstruction/overlay program. The amount to be transferred is $403,700 from
Community Development Block Grant Account 94-50200 to Fund 100 Ledger No.
402000 Dept./Div. 401 Revenue No. 81118.
PASSED.
AYES- 13 NOES- 0.
No. 77
Request Permission for Comptroller to Negotiate
Purchase of Property 529 Cornwall
The Department of Community Development is requesting authorization
for the Comptroller to enter into negotiations for the acquisition of Pegasus
Cleaning, located at 529 Cornwall.
The one (1) story, commercial building and adjacent parking lot is owned
by Samuel Lewis. The property is necessary to connect the northeast Buffalo
Parkway to Pembroke Street. The project will be funded with dollars from the
New York State Industrial Access Program.
The Comptroller will report the final results of negotiations to your
Honorable Body for approval.
REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT AND BUFFALO URBAN RENEWAL
AGENCY.
No. 78
Request Permission For Comptroller To Negotiate
Purchase of Conrail Property
E. Delavan - E. Amherst
The Department of Community Development is requesting authorization
for the Comptroller to enter into negotiations for the acquisition of a 30 acre
vacant parcel of la located between E. Delavan and E. Amherst.
The property is owned by Consolidated Rail Corporation and will be used
for the Northeast Buffalo Parkway. The project will be funded with dollars from
the New York State Industrial Access Program.
The Comptroller will report the final results of negotiations to your
Honorable Body for approval.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND BUFFALO URBAN RENEWAL
AGENCY.
No. 79
Scajaquada Pathway, Phase II
SEQR Negative Declaration
A Negative Declaration for the above referenced project is hereby
filed with your office in accordance with Section 617.12 of the New York State
Environmental Quality Review Act.
If you should have any questions, please contact Gregory J. Bernay at
Division of Planning, Room 901 City Hall, his telephone number is 851-5083.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated,
February 12, 1996 be received and filed; and
That the Negative Declaration of the lead agency, be and the same hereby
is adopted on the Scajaquada Pathway, Phase II.
ADOPTED.
No. 80
CDBG Funding Transfer - Historic
Renovation of Allendale Theater
Item No. 27 C.C.P. 1/9/96
In regard to subject project previous Council Item #27 of CCP
1/9/96 approved transfer of CDBG funds for the project in amount not to exceed
$60,000.
Interior demolition of the structure revealed unanticipated problems
which have resulted in additional construction costs. Specific items are as
follows:
- Asbestos air monitoring and removal
- Fuel tank removal
- Structural pier reconstruction
- Concrete floor replacement
- Masonry parapet reconstruction
- Underground foundation removal
In order to fund these additional items our department has identified
additional CDBG funds in the amount of $20,216.
Permission is being requested for approval from Your Honorable Body for
an increase in CDBG funding transfer amount as follows:
- Existing Amount $60,000
- Increase Requested $20,216
Total CDBG Transfer $80,216
$80,216 from CDBG Account #96-50200 to Capital Project Account
#200-717-041.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 81
Consultant Engineering Contracts
Item No. 13 C.C.P. 1/23/96
This is an informational response to subject item regarding engineering
consultant contracts and associated fees.
We have reviewed the four (4) year summary provided by the Comptroller's
office and find it accurate in regard to City of Buffalo consultant contracts.
It does not reflect ongoing projects such as; Exchange Street Extension,
Conway Park, Cazenovia Park, and the Japanese Garden in Delaware Park.
In addition it does not include CDBG contracts which are related to city
projects such as; LTV Site Environmental, Riverside Park, Apollo Theater,
Valley Community Association, Main/LaSalle, War Memorial Stadium, American Axle
Roadway, etc.
If you require any further information, please contact our department.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 82
New Buffalo Industrial Park Approval of LDA -
Albert J. and Antionette M. Baratto
1.64 Acre Portion - Parcel # 4
The City of Buffalo Urban Renewal Agency duly designated Albert
J. Baratto and Antionette M. Baratto and/or joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating the Your Honorable Body
is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 83
New Buffalo Industrial Park Approval of
LDA - Great Lakes Electronics Distributing, Inc.
4.13 Acre Portion of Parcel #4
The City of Buffalo Urban Renewal Agency duly designated Great
Lakes Electronics Distributing, Inc. and/or joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 151
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating the Your Honorable Body
is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your attention.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 84
Revisions of Times Beach to USA
#180 C.C.P. Jan. 23, 1996
I will be providing communication on this item from the Environmental
Office by February 1. The Commission will not routinely be meeting again until
February 27.
The Commission's comments will not be available until later, unless the
Council should wish me to make special arrangements for their comments. Please
advise if you wish me to do so.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF STREETS
No. 85
Change Contract - Sm. Animal Shelter
(Com. 19, C.C.P. January 23, 1996
In answer to the above subject, I wish to advise that the Department
of Street Sanitation is only a tenant in the Small Animal Shelter. We have
nothing to do with contracts.
RECEIVED AND FILED.
No. 86
Consultant/Eng. Contracts
Com. 13, C.C.P. January 23, 1996
In answer to your letter dated January 26, 1996, relative to
"Consultant/Eng.
Contracts" (Com. 13, C.C.P. January 23, 1996, 1 wish to advise that the
Department of Street Sanitation does not have any Consultants on their payroll.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 87
National Guard Assistance for the City
Item No. 169, CCP 1/23/96
In response to the above stated Common Council Communication I
would like to supply your Honorable Body with the following information. The
use of the National Guard machinery, and labor for the demolition, removal and
disposal of the demolition debris, would be a luxury considering the inventory
of buildings to be demolished and the money available to do so. The City of
Buffalo responds to community concerns and demolishes hundreds of properties
each year. The furtherance of a relationship between the City and the National
Guard is an idea that truly warrants further exploration. The Department of
Neighborhoods, Housing and Inspections, Division of Housing and Inspections
would be available to consult with your Honorable Body during the planning and
implementation stage of such a program. It is my sincere hope that this
response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 88
Demolition of 1489 Fillmore Avenue aka
G.E. Plant - Alaskan Remediation
As your Honorable Body is aware, the Department of Neighborhoods,
Housing and Inspections has the charge of the on going demolition and
environmental cleanup of the property known as 1489 Fillmore Avenue, formerly
General Electric manufacturing facilities. In response to concerns from the
Honorable Common Council, New York State Department of Environmental
Conservation and residents of this neighborhood, the Department of
Neighborhoods, Housing and Inspections has retained the services of Jack
Eisenbach Engineering as the consultant representing the City of Buffalo at the
site. As previously reported the demolition of the above ground structures is
complete. During the environmental assessment, four underground storage tanks
were located. In order to ensure proper cleanup of the site prior to
redevelopment, those tanks have to be tested, emptied, cleaned, removed and
disposed of properly. The areas surrounding these tanks must also be tested
and any contaminated soil and debris must be removed. Based on proposals
delivered to the department of Neighborhoods, Housing and Inspections from Jack
Eisenbach Engineering, we have entered into an agreement with Alaskan
Remediation for the pumping and purging of the contents of the underground
storage tanks at this site. As of this time the tanks have been removed from
the site and properly disposed of by the primary contractor, IWSS. We are now
entering the unit pricing portion of this service. Attached please find a
breakdown of the unit pricing for these services.
Alaskan Remediation.
BASE BID $10,500.00
BB-T&G $10,500.00
BB+T&G $34,925.00
C BB W/ $34,925.00
C BB W/O $10,500.00
ALTERNATES
T-1 $4,200.00
T-2 $6,100.00
T-3 $1,100.00
T-4 $8,800.00
BB+ALT TAB
CBB+1,2,3,4 $30,700.00
CBB+1,2,3 $21,900.00
CBB+1,2 $20,800.00
CBB+L $14,700.00
UP-1 $4.00
UP-2 $3.50
UP-3 $48.00
UP-4 $0.85
UP-5 $10.00
UP-6 $1.15
UP-7 $8.00
UP-8 $14.00
UP-9 $325.00
UP-10 $1.10
Base bid pump all tanks into trucks provided by the city.
C BB W/ BB with 500 tons and 500 gallons
C BB W/o BB with out tons and gallons
ALTERNATES
T-1 Remove residual contents, clean, purge and make ready for hot
work all tanks.
T-2 Remove all tanks and support systems.
T-3 Provide transportation and disposal of #6 oil.
T-4 Provide transportation and disposal of Solvents.
UNIT PRICES
UP-1 Remove and dispose of #6 oil tank bottoms. per gallon.
UP-2 Remove and dispose of solvent tank bottoms. per gallon.
UP-3 Excavate truck and dump Non-Hazardous Petroleum contaminated
debris. per ton.
UP-4 Excavate truck and dump Non-Hazardous Petroleum contaminated
water. per gallon.
UP-5 Excavate, stage, and stockpile Non-Hazardous materials. per
cubic yard.
UP-6 Pumping and storage of Non-Haz. Pet. Con. water. per
gallon.
UP-7 Excavate, load, truck and place on site materials. per cubic
yard.
UP-8 Provide select fill. per cubic yard.
UP-9 Remove and dispose of hazardous waste (solid). per ton.
UP-10 Remove and dispose of hazardous waste (liquid). per gallon.
We have received an application for payment from Alaskan Remediation for
services provided in pumping and purging the underground storage tanks. These
services include the Base Bid and alternate T-1 the total for these services is
$14,700.00. The amount being bill is $13,965.00 with a 5% retention of $735.00.
We are seeking approval from your Honorable Body for approval of this
transaction and to charge this service to the Capital Projects Account Number
200-241-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE , CORPORATION COUNSEL, AND OFFICE OF
ENVIRONMENTAL MANAGEMENT.
No. 89
Licensing Absentee Landlords
Item No. 167, C.C.P. 1/23/96
In response to your the above stated Common Council communication,
I would like to supply ,our Honorable Body with the following information. The
Department of Neighborhoods, Housing and Inspection-, Division of Housing and
Inspections is the enforcement agency that will have charge of this program
being considered. We in the .Department of Neighborhoods, Housing and
Inspections are in agreement with the concept of this newly considered
ordinance. Before implementation of this program, the fee structure should be
reviewed to assure the work to be performed will in fact not be a monitory
drain on the budget for the City of Buffalo. Consideration-should also be
given to the effect the added work load would have on staffing levels. We
would also like included as part of the legislation a "tenant accountability"
section as to afford the inspections department a basis for communication
between Building Inspectors and Landlords. We in the Department of
Neighborhoods, Housing and Inspections are available to consult with your
Honorable Body,, during the planning and implementation stages of this program.
It is my sincere hope that this response satisfies Your Inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 90
Recover Costs-Housing Court Fines
Item #171, CCP 1/23/96
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information. As a
result of the meetings held regarding this matter, I am pleased to inform you
that the Department of Neighborhoods, Housing and Inspections has recently
adapted and implemented the suggestions made by the Division of Data
Processing. The Acting Housing Court Representative Records the action by the
Housing Court Judge on the Court Docket Recording sheet. The Housing Court
Representative also confers with the Supervising Cashier in the City Court and
obtains the Daily Log of fines paid. This information is in-putted onto the
computerized court screen by the clerical support staff of the Court Section of
The Division of Housing and Inspections. The Division of Data Processing is
then responsible to run a report for the Collections Division of the Department
of Audit and Control. As this is a new system, we have not yet obtained any
data as to the success or failure of this procedure. As time goes on and we
find and implement all the possible uses of this new system, we should in fact
experience a increase in funds collected as a result of this effort. It is my
sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 91
Notices of Appt - Temp/Prov/Perm (CCLK)
Item No. 51, CCP January 9, 1996
In reference to your request, please note that the Department
of Neighborhoods, Housing & Inspection currently has two provisional vacancies
for the position of Building Inspector. Personnel requisitions have been filed
with the Division of Budget.
You also requested the number of minorities employed in the department
and their titles. We understand "minorities' to include Women, Afro-Americans,
Hispanic, Asian/Americans, etc. employed in the Department. Of the
department's civil service employees, 23 are minorities. Titles are as
follows: Clerk/part-time (2); Clerk; Account Clerk; Senior Clerk (2); Typist
(3); Account-Clerk Typist (2); Senior Typist (2); Stenographer (3); Senior
Stenographer; Legal Aide MHTF; Marketing Manager; Building Inspector (2);
Coordinator of Community Services; Rehabilitation Loan Specialist.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 92
Budget North AmeriCare Park
No.3 C.C.P. February 6, 1996.
This is in response to your referral of the item referenced above.
As the Mayor indicated in his transmission statement, the percentage of
the Director's salary chargeable to the North AmeriCare Park Enterprise fund
has been increased from 50 to 75 percent "in recognition of the fact that the
Aud will go off line with the opening of the new arena." In past fiscal years,
the Director's salary was split between the Stadium and Auditorium Enterprise
fund and the North AmeriCare Park Enterprise fund. The budget document before
you contemplates charging 100 percent of the Director's Salary to the Stadium
and Auditorium Enterprise fund from April 1 through June 30 and 100 percent of
his salary to the North AmeriCare Park Enterprise fund from July 1 through
March 31, concerning security services, the plan is to eliminate our private
insurance contract and have seasonal employees provide security. The seasonal
line has not been increased since there have been unexpended balances in this
line in past years.
According to the Charter, Section 295.9, paragraph (g), the budget must
be adopted on or before March 8. However, as under normal budgetary procedures,
the Council has 22 days from the date that the recommended budget is presented
to the Council by the Mayor to make any additions. If the Council wishes to
make additions, these additions must be presented by the City Clerk to the
Mayor on or before February 22, 1996 (see Sec. 295.9 paragraph (f)).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 93
Reply to Audit-Treasurer
Item No. 58, CCP, 2/6/96
The City has historically used only one person, a police officer
assigned to Treasury, to collect meter revenues. At times, the officer has
been assisted by various other treasury staff (generally members of the blue
collar union) and by additional officers sent over from the Police Department.
We do not, and have not felt that the system for collecting meter
revenues is adequate the way it is. The problem with adding City personnel is
twofold: first, adding more police officers would mean pulling them away from
much-needed police work-something that the Mayor and Police Commissioner do not
want to do. Second, adding additional non-uniformed staff on a permanent basis
has been objectionable to the blue collar union as they feel that the work is
dangerous in nature.
We intend to pursue other options for adding staff to meter collections
in the next budget, and are hopeful that this will address the problem.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 94
Increase Minimum Cost of Work Requiring Permits
Item No. 168 C.C.P. 2/6/96)
If this resolution is approved, we estimate that the City will
stand to lose approximately 35% of its currently budgeted revenue from building
permits, or $481,250. We cannot afford to lose this already budgeted revenue.
This estimate is based upon current year revenue projections for the two
categories of permit fee under consideration (the $81 fee for work from $500 to
$1,000, and the $104 fee for work from $1,001 to $2,000).
We feel strongly that this resolution should not be approved, given the
City's financial situation.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 95
Waive Fee - YouthBuild Housing Rehab Program
Item No. 199 C.C.P. 2/6/96)
I would recommend against the waiver of this fee. While this
project has merit, it would be setting a dangerous precedent--all projects have
some degree of merit, yet the City cannot waive all permit fees. Given the
City's very difficult financial situation, we are not in a position to do this.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 96
Appointment/Reappointment
Members Committee for Youth
Item #2, C.C.P. Feb. 6, 1996
I have reviewed the Mayor's recommendation to the Committee for
Youth (Buffalo Youth Board) and am in full agreement with the Mayor's choices.
Many of the recommendations to the Mayor came. from myself after
consultation with Michael Norwood, Director, Division for Youth and other
staff members. It was our intention to recommend to the Mayor an ethnically
diverse group of dedicated people who already live in Buffalo and are involved
in youth issues.
The Mayor's recommendations fulfill our goal.
RECEIVED AND FILED.
No. 97
Maintenance of Jubilee Center -1936 Niagara Street
I am writing in response to the above referenced matter.
Cleaning maintenance at the ten (10) Community Centers run by the
Department of Human Services, Parks and Recreation is a responsibility of our
Department. Minor repair maintenance is also our responsibility. Repairs
beyond our scope are, called into the, Division of Buildings Maintenance
Services for resolution.
Cleaning maintenance at our Centers is a shared responsibility. In
Centers that house Senior Citizen activities, Senior Citizen staff help with
cleaning prior to the 2 p.m. arrival of Recreation staff. Recreation personnel
perform cleaningmaintenance as needed, during the course of their eight (8)
hour shift.
We have no workers dedicated to do only cleaning maintenance at any of
our Centers, including the Jubilee Center.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 98
La Salle Park Concession
Item #62, C.C.P. February 6, 1996
I In response to #62, CCP February 6, 1996 - La Salle Park.
The La Salle Park concession lease contains language which gives the
Commissioner of Parks the right to waive the concessionaire's exclusive right
to be the sole source of concession sales in the park. In fact, this very
point (exclusive rights) was included in the original bid package and discussed
with her.
Whenever the Commissioner's office was approached by Little League
groups, Junior League, and various event promoters, they were always sent to
Ms. Kij for her cooperation. Invariably, each organizer came back to the
Commissioner stating
their unhappiness with the concessionaire and her lack of cooperation. In each
case, I would then make an exception to her exclusivity clause, which is the
Commissioner's right by contract.
Ms. Kij's lack of business acumen was, in my opinion, her downfall. She
had trouble realizing that special events in La Salle Park brought additional
patrons to her operation.
I would suggest that Council staff contact a list of event organizers to
verify her overall lack of cooperation.
On the other hand, Council staff may want to contact existing successful
Park's concessionaires, i.e. South Park Golf Course, Cazenovia Park Golf
Course, Broderick Park, or the Foot of Ontario Street to verify the Parks
Department's good faith attempts at cooperation.
LaSalle Park is unique, in that through the year numerous special events
take place at this location. These range from the Friendship Festival, to
Junior League Summer Concert Series to the Caribbean Festival, etc. These
events mainly revolve around the LaSalle Pavilion - our beautiful outdoor stage
located in the center of the Park. The brand new concession stand facility is
located directly across the back side of the lawn seating for the stage. As
stated prior, these events bring many additional potential
customers into the park which translates into a terrific opportunity for the
concessionaire to profit. At no time was it requested that the concessionaire
close her operation down.
RECEIVED AND FILED.
No. 99
Sidewalk Shoveling
Item # 187, C.C.P. January 23, 1996
I am responding to the above-referenced matter.
The Department of Human Services, Parks and Recreation, as part of its
overall mission, has to remove snow from all Department facilities. These
facilities include: Community Centers, Senior Centers, Niagara Square and other
park areas. We also have the ability to aid the Streets Department when called
upon during a snow emergency.
We have, on occasion, helped individual citizens in need of medicine,
etc. who called the Mayor's Complaint Line during snow emergencies. These snow
removal services are provided by our parks staff for emergencies only.
Our Department is not equipped to handle snow removal for private
citizens on a formalized basis.
A number of possibilities for improvement of private snow shoveling come
to mind.
1) Use of Social Services clients who are required to work a certain number
of days to maintain their welfare status. (Our Department would not be able to
monitor this plan)
2) Boy Scout troops "adopting" certain streets for snow shoveling for a
community services merit badge.
3) That City funded Human Service Agencies be required, as part of their
contract with the City, to keep their sidewalks clear of snow.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 100
Common Council Request of
Consultant and Engineering Contracts
Item No. 155, C.C.P. 12/26/95
With respect to your correspondence dated January 26, 1996 regarding
"Consultant/ Eng. Contracts", please be advised that we will review this
information as requested. However, many of the records for the Buffalo Sewer
Authority were not computerized, and this will require a manual record check to
determine a fairly comprehensive list.
We anticipate that approximately thirty days will be needed to complete
the research for this information. Your kind consideration in this matter is
greatly appreciated.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
FROM THE CITY CLERK
No. 101
Notice of Policing Problems
Notice of policing Problems effecting services delivered by the
Buffalo Police department to the citizens of the City of Buffalo (see attached
letters). These problems remain unresolved and outstanding as of this date.
RECEIVED AND FILED.
No. 102
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
PUBLIC WORKS - JOHN J. TODARO
RECEIVED AND FILED.
No. 103
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
AddressBusiness Name Owner's Name
115 Chicago St. Kitty O'Malley's Irish Pub ABC Consulting Serv
and Seafood House, Ltd.
1853 Clinton St. Rumors Enterprises Henry Wojciechowski
of WNY Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS .
No. 104
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:
Assessment- Ann Marie LoFaso
Public Works- Edward P. Wotulski
RECEIVED AND FILED.
No. 105
Reports of Attendance
I transmit herewith communications received by me from various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
Emergency Medical Services Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 106
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 February 5, 1996 in the Department of Common
Council Mildred A. Stabler, 536 E. Amherst, Buffalo, NY 14215, to the Position
of Intern V, Seasonal, at the Flat Starting Salary of $8.00 per hr.
No. 107
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 AUDIT & CONTROL
Appointment effective Feb. 5, 1996 in the Department of
Audit and Control, Division of Real Estate, Peter A. Vullo, 116 Crowley,
Buffalo, New York 14207, to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22.
Appointment Effective Feb. 7, 1996 in the Department of Audit &
Control,Division of Real Estate, Marc Panaro, 776 Richmond Avenue, Buffalo, New
York 14222, to the Position of Laborer I, Seasonal, at the Flat Starting Salary
of $ 6.22.
DEPARTMENT OF STREET SANITATION
Appointment Effective February 12, 1996 in the Department of Street
Sanitation to the Position of Seasonal Laborer II, at the Flat Starting Salary
of $6.92 hr.
Lawrence J. Jay, 171 Stewart Avenue, Buffalo, New York 14211
David M. Taylor, 19 Durham Court, Buffalo, New York 14212
Appointment Effective February 14, 1996 in the Department of Street
Sanitation to the Position of Seasonal Laborer II, at the Flat Starting Salary
of $6.92 hr.
Joseph C. Palmeri, 93 Erb Street, Buffalo, New York 14215
DEPARTMENT OF ADMINISTRATION & FINANCE.
Appointment Effective February 1, 1996 in the Department of
Administration
and Finance, Division of Parking Enforcement to the Position of Clerk,
Seasonal, at the Flat Starting salary of $5.20
Katherine Orlando, 105 14th Street, Buffalo 14213
Appointment Effective February 12, 1996 in the Department of
Administration and Finance, Division of Parking Enforcement, to the Position of
Laborer II, Seasonal, at the Flat Starting salary of $6.22.
Lawrence Charles III, 145 Hastings, Buffalo 14215
Appointment Effective February 12, 1996 in the Department of
Administration and Finance ,Division of Parking Enforcement to the Position of
Parking Enforcement Officer, Temporary, at the Flat Starting Salary of $6.22.
Daniel D. Tadusz Jr., 1160 Hertel Avenue, Buffalo 14216
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment Effective February 6, 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.
James Guercio, 471 Seventh, Buffalo 14201
Priscilla Perry, 155 Timon, Buffalo 14208
Appointment Effective February 13, 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.
Robert Fry, 179 Fargo, Buffalo 14201
Appointment Effective February 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.
Elizabeth Van Every, 293 Highland, Buffalo 14222
DEPARTMENT OF CITY CLERK
Appointment Effective February 12, 1996 in the Department of City
Clerk to the Position of Dog Enforcement Clerk, Temporary, at the flat starting
Salary of $6.22 per hr.
Thomas P. Carier, 350 Downing St., Buffalo, NY 14220
Appointment Effective February 13, 1996 in the Department of City Clerk
to the Position of Dog Enforcement Clerk, Temporary, at the flat Starting
Salary of $6.22 hr.
Jean Conlon, 38 Houston St., Buffalo, NY 14220
No. 108
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS
Appointment effective February 8, 1996 in the Department of Public
Works, Division Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33.
Daniel L. lnglut, 189 Harding Road, Buffalo 14220
Kevin McCarthy, 146 Hollywood Avenue, Buffalo 14220
Kenneth E. Zabawa, 193 Mackinaw Street, Buffalo 14204
Appointment Effective February 13, 1996 in the Department of Public
Works, Division of Engineering, to the Position of Drafting Technician,
Temporary, at the Minimum Starting Salary of $23,514.
John G. Terpin, 13 Spann Street, Buffalo 14206
Appointment Effective February 5, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Senior Engineer (Mechanical),
Provisional, at the Minimum Starting Salary of $ 35,455.
John J . Todaro, 458 Stockbridge Avenue, Buffalo 14215
DEPARTMENT OF LAW
Appointment Effective December 7, 1995 in the Department of Law,
to the Position of Assistant Corporation Counsel II, Permanent, at the Minimum
Starting Salary of $45,335.
David R. Hayes, 84 Tracy Street, Buffalo, NY 14201
DEPARTMENT OF POLICE
Appointment Effective February 07, 1996 in the Department of
Police to the position of Report Technician, Provisional, at minimum starting
Salary of $21,126.
Hedwig Paula Gross, 14 Putnam Street, Buffalo, NY 14213
Sara Rose Buscaglia, 92 Ashland Avenue, Buffalo, NY 14222
Debbie Mikolajewski, 494 South Ogden St., Buffalo, NY 14206
Paula Loman, 21 Floss Street, Buffalo, NY 14211
Rachelle LeVesque, 132 College Street, Buffalo, NY 14201
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 109
M. DONATELLI
Board of Education Raises
Please let this letter serve as my position on the increase in
stipend by the Buffalo Board of Education members which is currently under your
review. Since I will probably not be able to attend the hearing on this matter,
I do want to comment on this issue.
First, with all of the major financial issues facing the District, it
seems curious that this issue has received so much attention. Outside of the
ill-advised procedure used initially, bringing this Board's stipend up to what
comparable boards make does make sense to me.
Secondly, as an active and concerned parent of a child in the District, I
have had an opportunity to get an appreciation for what kind of significant
time demands and responsibility the Board members are faced with day in and day
out in order to do an effective job for our children.
We have to have highly qualified, highly committed community members to
serve in ranks of Buffalo Board of Education. Certainly, money should not be
their primary motivator, our children's welfare should; however, there still
should be fair compensation for these public-minded citizens.
Finally, I am all right with this increase if the Common Council approves
the revision in the City Charter. The larger question for me is whether our
elected WNY officials will advocate together at the State and Federal levels to
help secure the funding we so desperately need for our Buffalo Public Schools.
Turf issues have got to be put aside now or our city is going to lose the last
of its committed teachers, administrators, aides, parents, citizens, et al.
Therefore, my position is in favor of the raise, but my attention will be on
all of our elected and appointed government officials to see that the best
interests of our children are served. We need to be on the "same page" when it
comes to securing hope for our children's future. We all owe this to them! I
am available to comment by phone at 828-9447. Thank you for this opportunity
to express my opinion.
RECEIVED AND FILED.
No. 110
ERIE CO. EXECUTIVE
1% Sales Tax
Erie County is in receipt of your resolution dated January 25,
1996 concerning the 1 % sales tax. The county is simply not in a financial
position to share these revenues with the cities, towns, villages and school
districts in Erie County.
Seventy-four percent (74%) of the county budget is mandated by the state
and federal governments. The county's annual share of the Medicaid Program has
grown from $62 million in 1988, to $145 million in 1996, an increase of $83
million per year. It nearly consumes the entire annual proceeds from the 1 %
tax.
The Governor's 1995-96 Budget shifted an additional $22 million in state
mandated costs to county taxpayers. His proposed 1996-97 budget would shift
another $28 million onto the backs of county taxpayers.
If Erie County were to share the 1% sales tax with its local
municipalities, according to the terms of the existing agreement governing the
3% sales tax, we would be forced to raise county property taxes by $70 million.
We do not believe this to be in the best interests of Buffalo or Erie
County.
Unless the State of New York provides its counties with meaningful
mandate relief, Erie County must retain all of the proceeds from the 1 % sales
tax in order to pay for these mandates. I might add that New York is one of
only six states that require counties to share in the costs of the Medicaid
Program.
Erie County would appreciate your Honorable Body's assistance in bringing
the issue of mandate relief to the Governor and State Legislature and also to
the residents and taxpayers of Buffalo and Erie County.
RECEIVED AND FILED.
No. 111
MICHAEL T. FEELEY
Mister Submarine/Concession at LaSalle Park
The undersigned attorney has recently been retained by KENNETH
E. VAUGHN and JAMES COWIE, d/b/a MISTER SUBMARINE, to answer a complaint
brought by the City of Buffalo in connection with the exclusive concession at
LaSalle Park for calendar years 1990 and A response to the complaint of the
City is currently being prepared by this office.
Please permit this letter to set forth several of the substantive ,
defenses to be raised in response to the City's complaint so that proper full
consideration of alternatives to suit may be had.
Defendant's low bid for the exclusive concession at LaSalle Park ,was
opened on April 19, 1990, but was not approved by the Common Council until May
30, 1990. In addition, the building provided for the operation of the
exclusive concession at LaSalle Park was in such a state of disrepair that four
weeks of repair by defendants, and inspection by the Departments of Health and
Public Works were required. The opening date was Thursday, June 28, 1990.
Through no fault of defendants, approximately one-half of the 1990 season was
lost to defendants.
In light of the above, Acting Parks Commissioner, Stan. A. Buczkowski,
agreed to a rental reduction in the amount of $7,200.00 for calendar 1990 and
billed same to the defendants in September of 1990. A copy of this bill is
enclosed.
Although not mentioned during any part of the bidding process, the
closing of Amvets Drive due to construction at the Buffalo City Water Works
Building caused the closing of customer access during the entire 1990 and 1991
seasons. Public access to the building provided for the operation of the
exclusive concession at LaSalle Park was severely limited by agents, servants,
employees or the City of Buffalo for the duration of 1990 and 1991 seasons by
this road closure.
Public access to the building provided for the operation of the
concession at LaSalle Park was also severely limited during the 1991 Friendship
Festival by the imposition of an admission charge of $4.00 and the fencing of
the greater portion of the park. This curtailment of public access to the
building provided for the operation of the exclusive concession at LaSalle Park
caused the closure of the concession due to unprofitability for the duration
of the Festival in 1991.
In addition, during both the 1990 and 1991 Friendship Festivals, other
concessions were granted to parties in violation of the exclusivity agreement
and superior rights were granted to these outside vendors within LaSalle Park
in violation of the exclusivity agreement. Specifically, the right to sell
alcoholic beverages was granted to other vendors and denied defendants. A copy
of the 1991 denial is enclosed. The 1990 denial was made orally by Stan A.
Buczkowski, Acting Parks Commissioner. The operation of similar concessions
within LaSalle Park with the permission of the City of Buffalo also occurred.
Superior Rights to defendants were also granted by the City to the
operators of the Festival Series. The exclusive concessionaires, defendants
were required to pay 20% of net to the Junior League to operate the exclusive
concession, they already possessed, during these events in 1990 and 1991.
It is defendants contention that the foregoing, among other matters,
constituted material and substantive breaches by the City of Buffalo of the
contract with defendants for the operation of the exclusive concession at
LaSalle Park, and are of such a nature to render the City of Buffalo liable for
damages in suit, counterclaim and setoff. Specifically violated were
Paragraphs 6 and 27 of the contract between defendants and plaintiff and the
Exclusive Privilege Clause on Page 10 of the Specifications incorporated by
reference.
At this time, defendants are prepared to offer the City of Buffalo the
sum of $3,000.00 in full settlement of all claims the City has, had or may have
against these defendants for the acts alleged in the City's complaint herein.
If you have any questions with respect to this matter, kindly telephone
the undersigned.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 112
C. GRIFASSI
Tenant Damage To Rental Units
A housing problem exists in the City of Buffalo that needs to
be addressed:
Tenant damage to rental units.
As it currently stands, if a tenant causes damage to a rental unit, the
repair costs come out of the tenant's security deposit and the landlord makes
the appropriate repairs, Hopefully preserving the quality of the City's
housing stock. This issue becomes a problem, though, when the troublesome
tenant is using Social Service vouchers for his housing costs, where, usually
there is no security deposit allowed.
For the landlord, there is no practical way to recover the repair costs.
Small Claims court cannot enforce a judgement against a guilty tenant. As a
result, the owner/landlord has difficulty making appropriate repairs, housing
slowly deteriorates and the middle class, witnessing this decline, continues to
move out of the city.
There should be some effective mechanism to protect the owner's
investment and indirectly, the City's investment in the form of taxable
property) from uncaring and reckless tenants.
I am requesting a feasibility study to investigate this growing problem
and to propose alternatives to the current solutions which are at best mildly
effective. Perhaps "community service" and/or criminal charges of destruction
of property/theft of services may give the courts a better way to enforce
"tenant civility".
If nothing is done, only the poorest residents and the privileged
affluent will be living in the former City of Good Neighbors.
Thanking you in advance for any help.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS, AND CORPORATION COUNSEL.
No. 113
NYCLU
Police-Use of Sprays
Thank you for sending The New York Civil Liberties Union a copy
of Ms. Miller-Williams' resolution on the Buffalo Police Department's use of
chemical and pepper sprays. We were pleased by its tone and content and pleased
by the request to Commissioner Kerlikowske for a report on the Buffalo Police
Department's policy and use of the spray, as well as for a report on possible
long term, harmful effects on human beings.
Since its initial use in 1992, pepper spray has become an integral part
of police departments' arsenals nationwide. During that time sufficient
evidence has accrued to strongly indicate that further and more exhaustive
investigations of the spray's short term and long term effects are necessary if
police departments are to continue to use the weapon. There is evidence to
suggest a connection between the use of pepper spray and the deaths of people
who were under the influence of drugs, who had a history of respiratory
disease, or who were undergoing a psychiatric crisis. The ACLU of Southern
California published a report in 1993, People Spray: A Magic Bullet
Under..Scrutiny, and an update in 1995, Pepper Spray Update: More Fatalities
More Questions, which pointed out such dangers and raised many concerns. There
have also been reports on the potential lethal effects the spray can have on
young children and the elderly and other people with health problems who may be
present simply as innocent bystanders.
A case in point locally is that of Ms. Loretta Renford of Buffalo. As
reported by the Buffalo News, December 4, 1995, Ms. Renford, who suffers from
chronic respiratory problems, received the peripheral effects of a burst of
pepper spray that was directed at a young man being taken into custody by the
police. This indirect, accidental spraying sent her to Millard Fillmore
Hospital for nine days. Recently, Ms. Renford was taken back to the hospital
in critical condition where she received a tracheotomy. She did not die, but
her condition continues to be life threatening.
There is also evidence to suggest that some officers use the spray
punitively rather than as a means to more peacefully effect an arrest,
Our considered opinion is that the use of pepper spray by the police
should be banned until that time when there is more assurance that its use will
be more adequately monitored than it now is and that its use will not have
adverse health effects that are long lasting or that might prove fatal to
victims whose physical condition puts them at risk.
We strongly urge the Council to pass this resolution.
Thank you for giving us an opportunity to comment on this important
matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 114
ROSWELL PARK
Major Modernization Program-Minority Participation
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office.
Thank you.
RECEIVED AND FILED.
No. 115
WAYNE D. POPE
Prop. Employee Income Tax
The City of Buffalo and the Buffalo Public School District is
currently facing the most serious fiscal crisis in their history's. It is a
time for citizens of the City of Buffalo to make a sacrifice to close the
projected budget gaps that will be a reality for the next many fiscal years.
Presently, the property taxes assessed to homeowners are grossly
insufficient to finance city services and to properly fund education.
Unfortunately, residents cannot afford to pay higher property taxes and the
impact of higher taxes would cause a further exodus of people from the City.
Therefore, the City must look for other ways to increase its revenue, while
keeping property taxes low.
As a concerned citizen, I have proposed an Employee Income Tax plan (copy
attached) . This plan would give the City much needed revenue and address the
issue of people working in the City, who are not paying their fair share toward
city services. The additional revenue would enable the City to provide the
services to make the City of Buffalo a safer, cleaner place to live and conduct
business within. The plan would also alleviate the need for the City to go to
Albany and/or County Hall and beg for additional funding to balance its budgets
and the budget of the Buffalo Board of Education.
I would appreciate if you could read this plan, then I can set up an
appointment with you so that we can talk about the plan.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND CORPORATION COUNSEL.
No. 116
W. JAMES SCHWAN
Exp. Police Protection
(#172 C.C.P. Jan. 23, 1996)
Robert Meegan has given me a copy of your correspondence to him
dated January 24, 1996 with enclosure and asked that I respond.
It is our understanding that the Erie County Legislature is willing to
fund four uniformed sheriff's deputies to work within the City. It is also our
understanding that the Erie County Legislature has given or will be giving
monies outright to the City of Lackawanna and City of Tonawanda to assist in
policing within those jurisdictions.
The PBA is unequivocally opposed to uniformed sheriff's deputies being
assigned to work within the City of Buffalo. To underscore this objection, the
PBA filed improper practice charge with the New York State Public Employment
Relations Board in October, 1995. Pursuant to the filed improper practice
charge, the PBA maintained (and continues to maintain) that uniformed police
work within the City of Buffalo is solely and exclusively the work of sworn
officers represented by the PBA. At the behest of P.E.R.B., the improper
practice charge was settled based on agreement by the City of Buffalo not to
utilize uniformed deputy sheriffs within the City of Buffalo. Apparently,
consideration is now being given to breaching that agreement.
We do not disagree that greater police protection is needed. In fact,
the PBA has since at least 1988 been urging that the city recognize the need
for a greater police presence by establishing a minimum number of required
sworn officers. Instead of a greater presence or even a minimally recognized
acceptance level, we have seen the department downsized, over the years, from
some 1450 officers to some 900. Since 1988 the department has shrunk from some
1098 funded positions to the current level. With no new recruit class
scheduled, the department will obviously be further downsized. To even suggest
that four deputy sheriffs will make a difference is like diking the Mississippi
River with a single sandbag.
If the County Legislature truly wants to help the City then it can give
the monies outright to the City for policing. It can do the same as done or
will be done for the cities of Lackawanna and Tonawanda. It could also better
fund other policing services, e.g. the Sheriff's Department's helicopter that
could then be utilized to help Buffalo police officers in fighting crime within
the City limits. From my perspective there are any number of alternatives that
will provide more bang for the buck.
If there is anything further, please so advise.
REFERRED TO THE SPECIAL GOVERNMENTAL RELATIONS COMMITTEE.
PETITIONS
No. 117
Sisters of Charity, owner, petition to use 2183 Main St. for Human
Service Facility.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
CLAIMS
HON. BONNIE LOCKWOOD
CHAIRMAN
No. 118
Claims Committee Report
Compromise And Settlement Of Actions For Personal Injury
That upon the recommendation of the Corporation Counsel the following
actions for personal injury arising out of alleged negligence on the part of
the City be compromised and settled:
A1. Paulette Beathley $ 6,000.00
A2. Dorothy Chalupka $ 24,000.00
A3. Bruce Coronado $ 2,750.00
A4. Bradford Crawford $ 3,000.00
A5. Stephen R. DeMarie $ 3,700.00
A6. Gordon J. Farmer $ 3,500.00
A7. James M. Fronckowiak $10,000.00
A8. Russell Guarino $6,000.00
A9. Marie I. Heiss P/N/G of
Shannon Heiss an Infant $ 20,000.00
A10. Steven D. Newkirk $ 3,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 119
Personal Injury
A 11. Mary Johnson as Administratrix of the
Estate of Gregory Johnson and Ebony Adams
P/N/G of Tyshawn Anthony Johnson and Infant $ 25,000.00
That the above item be, and the same hereby is, returned to the Common
Council without recommendation.
Mrs. Lockwood now moved:
The approval of the claim of Mary Johnson as Administratrix of the Estate
of Gregory Johnson and Ebony Adams P/N/G of Tyshawn Anthony Johnson an Infant
in the amount of $25,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years', payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES-BROWN, CZAJKA, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, QUINTANA,
ZUCHLEWSKI- 9.
NOES- COPPOLA, FRANCZYK, PITTS, WILLIAMS- 4.
No. 120
Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
12. Regina Ziembiec $ 45,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 121
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B1. Verneta and Bucy Jones
Claim for payment to a plumber for damage to a water pipe in the
grass at 218 Madison Street. $ 3,445.00
B2. Darlene Bailey
Claim for a broken windshield
on a 1986 Mercury Topaz by failing tree branches at
66 Kamper Street. $ 168.07
B3. Dino P. Boyd
Claim for damage to a 1993 Nissan Altima.
The vehicle was parked in front of 85 Manchester
Drive. The sanitation crew came by and while emptying
the cans the vehicle was damaged. $ 253.16
B4. Brute Spring & Equipment, Inc.
Claim for payment of a plumber's bill. The Division of Water incorrectly
notified Brute Spring Equipment Inc. of a service line leak. upon excavation,
it was found that the leak was not their responsibility but rather the
responsibility of the City. $ 626.40
B5. James Callaghan
Claim for damage to a 1994 Ford Taurus. The vehicle was parked in front
of 166 Crystal Avenue. The sanitation crew came by and while emptying the cans,
one of them came in contact with the driver's side mirror, damaging it and
creasing the quarter
panel. $ 511.11
B6. Gerald R. Donovan
Claim for damage to a 1987 Nissan Pathfinder at 628 Niagara Street. An FBI
vehicle was being used by the Buffalo Police Department and operated by Police
Officer Charles Militello. He was exiting a driveway at 628 Niagara Street and
was involved in an accident with claimant. Pursuant to the agreement of
understanding regarding the use of FBI vehicles, the City of Buffalo assumes
all liability. $ 1,788.27
B7. Donald F. Geary, Sr.
Claim for eyeglasses broken in the line of duty in the Department
of Street Sanitation. $181.90
B8. William Hageman, Jr.
Claim for the cost of a police radio. Officer William Hageman lost his
radio on February 13, 1992 while on duty.
$ 788.83
B 9 Alta Isaac
Claim for a 1987 Ford Escort sold at auction by the City.
$500.00
B10. Gloria Rogers-Blanton
Claim for damage to a 1996 Chevrolet Cavalier. The vehicle was parked at
435 Dartmouth when a large City tree fell on it.
$678.00
B11. James J. Rusin
Claim for eyeglasses broken in the line of duty working for the Water
Department- $255.00
B12. Antoine D. Simons
Claim for a bicycle that was stolen from the claimant a Mayor's Summer
Youth employee assigned to the Architect's Office this past summer. He went to
the Main Street Rite Aid Store to pick up some supplies that were urgently
needed and his bicycle was stolen from in front of the building
$100.00
B13. Deborah Torrence
Claim for damage to a 1990 Toyota that was in the care, custody and
control of the City at the Tonawanda Street Impound Garage.
$468.18
B14. Francine Tringaii
Claim for damage to a 1990 Cadillac Sedan in front of 783 Forest Avenue
due to a street cave in. $500.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 13 NOES- 0.
No. 122
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C1 National Casualty Company
Claim for a deductible under an insurance policy issued by National
Casualty Company to the City of Buffalo Lighted Schoolhouse Program. A claim
was brought by Gaetano Agro who was shot in the eye during a gang altercation,
The claim has been settled by the insurer for $25,000. Pursuant to the
insurance contract, National Casualty has filed a claim for the deductible
amount. $ 250.00
C2. National Casualty Company
This is a claim for a deductible under an insurance policy issued by
National Casualty Company to the City of Buffalo Lighted Schoolhouse Program. A
claim was brought by Susan Garcia, the parent of a student who was shot in the
neck on the steps of School #45 during the Lighted Schoolhouse Program. The
claim has been settled by the insurer for $17,500. Pursuant to the insurance
contract, National Casualty has filed a claim for the deductible amount.
$ 250.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 123
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1 Corporate Health Services
Sisters Hospital
Claim for prior fiscal year services rendered to Firefighters Susan Brown
and Charles Amos. They were injured in the line of duty and required medical
treatment $ 175.00
D2. Edward D. Hughes
Claim for payment of prior fiscal year Invoice #07209 for services
rendered to the Fire Department on May 3- 1995. He performed services for the
Fire Department in preparation of the Fire Prevention Yearbook which is sent
all over the County.
$ 280.00
D3. Konica Business Machines USA, Inc.
Claim for payment of prior fiscal year Invoice #T5DO1288 for services
rendered to the Department of Public Works, Division of Engineering.
$113.75
D4. Page New York
Claim for payment of five (5) prior fiscal year invoices Account #500151
for services rendered to the Police Department.
$ 242.05
That checks he drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
*AYES- 13 NOES- 0
* Mr. Pitts voted in the negative on D-2. D-3 & D-4 only.
No. 124
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E1 Clifford E. Brockenton
Claim for refund of an incorrect amount deducted from the pension check
of a retired employee of the Police Department for medical insurance.
$673.20
E2. Clarence J. Loss
Claim for a refund of an incorrect amount deducted from the pension check
of a retired City employee for major medical insurance from January 1993 to
April 1995. $1,783.70
E3. Polish Falcons Gymnastic Society, Inc.
Claim for a refund for twenty-two (22) canceled bingo occasions.
$145.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 125
Report To Claims Committee
F 1 Bennett Wells Post #1780
Item No. 88 C.C.P. November 14, 1995
Item No. 34 C.C.P. January 9, 1996
This is a claim for water damage in the basement at 463 Riley
Street.
The Department of Law is waiting for reports from the Mayor's Task Force
on Neighborhood Housing and also reports from the building inspector for that
area. After our investigation is completed, we will report back to the Claims
Committee.
Mrs. Lockwood now moved
That the above item be, and the same hereby is Recommitted.
ADOPTED.
No. 126
Report to the Claims Committee
F 2. Blaser Plumbing
Item No. 721, C.C.P. December 12, 1995
This Item was referred to the Claims Committee in error. It should
have been referred to the Finance Committee. Blaser Plumbing is seeking
forgiveness of a City invoice for damage to a City owned tree at 16 Tillinghast
Place.
The Corporation Counsel requests that the Item be referred to the Finance
Committee.
Mrs. Lockwood moved
That the above item be, and the same hereby is Referred to the Finance
Committee.
ADOPTED.
No. 127
Report to the Claims Committee
F3. Scott and Tricia Brawdy
Item No. 59, C.C.P., November 28, 1995
This is a claim for the improper removal of a tree located at
3 Julius Street. On December 7, 1995 City of Buffalo Claim forms were mailed
to the claimants and to date they have not been completed and returned.
Therefore. investigation of the claim has not been completed. We will report
back to the Claims Committee on completion of the investigation.
The Corporation Counsel requests that the Item be recommitted.
Mrs. Lockwood moved that the above item be, and the same hereby is
recommitted.
ADOPTED.
No. 128
Report to the Claims Committee
That, upon the recommendation of the Common Council, the following
claim be paid:
F4. Joseph Mazza
Item No. 74, C. C. P., November 28, 1995
This is a claim for Acting Pay. Mr. Mazza is requesting $5,081.64 for
Acting Pay as the Director of Substance Abuse during a previous fiscal year.
On January 4, 1993, Commissioner Donald 0. Allen appointed him Acting Director
of the Division of Substance Abuse. He served in this capacity until August 5,
1993. $ 5,081.64
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
WILLIAMS- 9.
NOES- BROWN, PITTS, QUINTANA, ZUCHLEWSKI- 4.
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 129
Appointment
Supervisor I
That Communication 36 November 28, 1996 be received and filed
and the appointment of Frank Puma stated above at the Maximum salary $28,875
effective on November 20, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 130
Notices of Appts.-Temp./Prov./Perm.
Item No. 51, CCP, January 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Employment Status - John P. Glynn
(Item No. 60, 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
Civil Service.
ADOPTED.
No. 132
Emp. Status-J. Glynn
Item # 55, CCP, January 23, 1996
Mr. Coppola moved that the above item be recommitted to the Committee
on Civil Service.
ADOPTED.
No. 133
Emp. Status-J. Glynn
Item # 57, CCP, January 23, 1996
That the above mentioned be and the same is hereby received and
filed.
Mr. Coppola now moved that the above item be recommitted to the Committee
on Civil Service.
ADOPTED.
No. 134
Appointment
Sr. Data Processing Equipment Operator
That Communication 27 February 6, 1996 be received and filed and
the Permanent appointment of Karen E. Giancarlo stated above at the
Intermediate salary $26,441.00 effective on February 5, 1996 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 135
Memorandum of Agreement - City and Local 2651
(Item No. 49, C.C.P., Feb. 6, 1996)
That the Memorandum of Agreement between the City of Buffalo and
Local 2651, AFSCME, AFL-CIO, for the contract period July 1, 1995 through June
30, 1998 be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 136
Appointment
Substance Abuse Specialist
That Communication 63 February 6, 1996 be received and filed and
the temporary appointment of Ida Berzon stated above at the Intermediate salary
$25,689.00 effective on January 25, 1996 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 137
Appointment
Clerk Typist
That Communication 64 February 6, 1996 be received and filed and
the Permanent appointment of Charlene E. Scherer stated above at the maximum
salary $23,588.00 effective on January 30, 1996 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 138
Notices of Appts.-Temp./Prov./Perm.
Item No. 78, CCP, February 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Salary Ordinance Amendment
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
(Item No. 170, C.C.P., Feb. 6, 1996)
That the Salary Ordinance Amendment as contained in Item No. 170,
C.C.P., February 6, 1996, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
FINANCE
HON DAVID FRANCZYK
CHAIRMAN
No. 140
NYSDEC-Hazardous Waste Site- 537 E. Delavan
Item No. 64, CCP, Nov. 28, 1995
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Hazardous Waste Site- 537 E. Delavan
Item No. 3, CCP, Jan. 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Remediation Site-537 E. Delavan
(Item # 67 CCP February 6, 1996)
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 143
P.O'Shea & O - Finish Paving Lakefront Blvd.
Item No. 75, CCP, Dec. 26, 1995
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Req. Report-Consultant/Eng. Contracts
Item No. 155, CCP, Dec. 26, 1995
That the above mentioned item be and the same is hereby referred
to Budget Committee.
ADOPTED.
No. 145
Consultant/Eng. Contracts
Item No. 13, CCP, Jan. 23, 1996
That the above mentioned item be and the same is hereby referred
to Budget Committee.
ADOPTED.
No. 146
Rpt. Consultant/Eng. Contracts
Item No. 26, CCP, Jan. 23, 1996
That the above mentioned item be and the same is hereby referred
to Budget Committee.
ADOPTED.
No. 147
Rpt. Consultant/Eng. Contracts
Item No. 52, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby referred
to Budget Committee.
ADOPTED.
No. 148
Req. Report-Drug Interdiction Program
Item No. 159, CCP, Jan. 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Drug Interdiction Status Report
Item No. 29, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 150
NFTA-Police Response Drug Interdiction Program
Item No. 87, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Incr. Appropriation-Collections
Item No. 163, CCP, Jan. 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Capital Debt Service Deposits 1995-96
Item No. 11, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Bond Closeout
(Item No. 13, CCP, Feb. 6,1996)
That the Comptroller be, and he hereby is authorized to closeout
the bond account as established for the Department of Public Works, #700-001
for Acquisition of an Animal Shelter, as more fully described the
above-referenced communication and that the amount restricted for future debt
service will be transferred to the debt service reserve.
PASSED.
AYES- 13 NOES- 0.
No. 154
Result of Negotiations - 158 Chester Street
(Item No. 14, C.C.P. Feb. 6, 1996)
That the offer of Mr. Edward M. Williams, 162 Chester Street,
in the sum of $900.00 (Nine Hundred Dollars) to purchase the property described
as 158 Chester Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 155
Convention Center Agreement/Amendment
(Item # 31 CCP February 6, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Convention Center Agreement (Amendment to the May 28, 1995 Agreement)
(Item No. 38, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk now moved that the above item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Delavan/Moselle Basketball Court
(Item No. 60, C.C.P., Feb. 6, 1996)
That the Commissioner of Human Services, Parks & Recreation be,
and he hereby is, authorized to award a contract for Delevan Moselle Basketball
Court Improvements, to Thomann & Loewer in the amount of $11,254, the lowest
responsible bidder. Funds for this project are available in Bond Fund Account
200 601-030.
PASSED.
AYES- 13 NOES- 0.
No. 158
Petition for Increased Taxi Service Rates
(Item No. 68, C.C.P., Nov. 28, 1995)
(Item No. 108, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk now moved that the above item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Taxi Service Rates (CC)
(Item No. 23, C.C.P., Jan. 9, 1996)
(Item No. 109, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk now moved that the above item be and the same hereby is received
and filed.
ADOPTED.
No. 160
Capital Budget Amendment - Hertel Avenue Police Station
(Item No. 172, C.C.P., Feb. 6, 1996)
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller, the Capital Program for the fiscal year
1995-96 in the sum of $500,000 be, and the same is hereby amended by adding:
200 Capital Projects, 402 Division of Buildings, Hertel Avenue Police Station
$500,000.
PASSED.
AYES- 13 NOES- 0.
LEGISLATION
HON. ALFRED COPPOLA
CHAIRMAN
No. 161
Renaming 7th Street -between Connecticut and Rhode Island Streets
(Item No. 194, C.C. P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. LoTempio moved that a public hearing having been scheduled this day, (copy
of publication notices attached), before the Common Council, the item is
properly before the Council and the Hearing be opened.
Seconded by Mr. Quintana.
ADOPTED.
Appearances - Edward Johnson, Alan Jamison, Carl Jamison, Bill Swanson, Darren
VanAvery, Carl VanAvery, Ladina Clybourne
Mrs. LoTempio moved that the hearing be closed.
Carried.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 162
Ripen With Us Child Care Center, Inc. Petition to Rezone 488-502 Kenmore
Avenue
(Item No. 89, C.C.P., Feb. 6, 1996)
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 "C-2" Commercial District rather than a "C-2" Commercial District and
"R-2" Residential District for the premises known as 488-502 Kenmore Avenue,
and more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of
Erie and State of New York, being part of Lot No. 72, Township eleven (I 1),
Range eight (8) of the Holland Land Company's Survey and according to a map
filed in the Erie County Clerk's Office under Cover No. 984, is known and
distinguished as Subdivision Lots 30, 31, 32, 50, 51 and part of Subdivision
Lots 52 and 53 in Block "A", bounded and described as follows:
Beginning at a point in the southerly line of Kenmore Avenue, one thousand
forty-seven and fifty-six hundredths (1047.56) feet westerly from the
intersection of the southerly line of Kenmore Avenue and the westerly line of
Englewood Avenue, said point of beginning being the northeasterly corner of
Subdivision Lot No. 30 in Block "A";
Running thence westerly and along the southerly line of Kenmore Avenue, one
hundred fifty and eleven hundredths (150.11 ) feet more or less to the
northwesterly corner of Subdivision Lot No. 32 in Block "A";
Running thence southeasterly and along the westerly lines of Subdivision Lots
Nos. 32 and 50 in Block "A", two hundred fifty-one and twenty-four hundredths
(251.24) feet to a point in the northerly line of Seattle Street (formerly
Emerson Street), said point being the southwesterly corner of Subdivision Lot
No. 50 in Block "A";
Running thence easterly along the northerly line of Seattle Street eighty-eight
and twenty-seven hundredths (88.27) feet to a point, said point being five (5)
feet east of the westerly line of Subdivision Lot No. 53 in Block 'A" and also
being the southwest corner of lands conveyed by a deed recorded in Liber 4396
of Deeds page 595 to Norman Brisk;
Running thence northwesterly in a straight line and along said Brisk's land one
hundred twenty-one and seventy-five hundredths (121.75+) feet more or less to
the southeasterly corner of Subdivision Lot No. 30 in Block "A";
Running thence northerly along the easterly line of Subdivision Lot No. 30, one
hundred fifteen (115) feet to the point or place of beginning.
Excepting from the above described lands a strip of land retained by the City
of Buffalo for street purposes three and seventy-five hundredths (3.75) feet in
width immediately adjoining the southerly line of Kenmore Avenue.
This rezoning shall be effective providing the following conditions are met:
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this rezoning will not be effective until such conditions as set by
the City Planning Board are met.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 163
Socony Vacuum Oil - Petition to use 2058 Delaware Avenue - Pole Sign
(Item No. 91, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing before the Committee on Legislation on
February 13, 1996, the petition of Socony Vacuum Oil, owner, for permission to
use 2058 Delaware Avenue for a pole sign be, and hereby is approved with the
conditions that the sign not be more than 20 feet in height and that
landscaping be provided at the base of the sign.
PASSED
AYES- 13 NOES- 0.
No. 164
John T. Price - Petition to use 265 Germania Street
to Erect a Metal Addition
(Item No. 92, C.C.P., Feb. 6, 1996)
That after a public hearing before the Committee on Legislation
on February 13, 1996, the petition of John T. Price, owner, for permission to
use 265 Germania Street to erect a metal addition for warehouse space be, and
hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 165
New Zion Institution - Petition to use
300-318 High Street - Pole Sign
(Item No. 94, C.C.P., Feb. 6, 1996)
That after a public hearing before the Committee on Legislation
on February 13, 1996, the petition of New Zion Institution, owner, for
permission to use 300-318 High Street to erect a pole sign be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 166
Benderson Development - Petition to use 2626 Delaware Avenue - Pole Sign
(Item No. 95, C.C.P., Feb. 6, 1996)
That after a public hearing before the Committee on Legislation
on February 13, 1996, the petition of Benderson Development, owner, for
permission to use 2626 Delaware Avenue for a pole sign be, and hereby is
approved with the conditions that only one (1) pole sign is erected for this
site and that there shall be landscaping at the base of the sign.
Mr. Coppola now moved to receive and file said item.
ADOPTED.
No. 167
Easement-Portion Dillon St.
Item No. 242, CCP, May 16, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Easement-Portion Dillon St.
(Item No. 33, CCP, Sept. 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Purchase of Right-of-way along Anderson Place
at 555 Elmwood Avenue
(Item No. 173, C.C.P., June 13, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation. Mr. Coppola now moved that the above
item be recommitted to the Committee on Legislation.
ADOPTED.
No. 170
Purchase of Right-of-way along Anderson Place
at 555 Elmwood Avenue (City Planning Bd.)
(Item No. 5, C.C.P., June 27, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 171
Purchase of Right-of-way along Anderson Place
at 555 Elmwood Avenue (P.W.)
(Item No. 43, C.C.P., Sept. 5, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 172
F. Salvo-Change Name of Bakos Blvd.
Item No. 87, CCP, May 30, 1995
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 173
Req. Info Martial Arts Supply & Knife Store
Item No. 230, CCP, Sept. 19, 1995
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 174
Info-2091 Seneca
Item No. 35, CCP, Feb. 6, 1996
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 175
Sentry Pkg.-Participate/Bidding Pkg. Concessions
Item No. 93, CCP, Oct. 3, 1995
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 176
Sentry Pkg.-Participate/Bidding Pkg. Concessions
Item No. 54, CCP, Oct. 17, 1995
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 177
Request Ordinance Amendment - Fines, Placement/Dumpsters
(Item No. 24, C.C.P., Nov. 28, 1995)
That the Corporation Counsel, be and he hereby is authorized to
prepare an Ordinance Amendment to Chapter 413 - Streets and Sidewalks in
relation to fines and penalties for the illegal placement of dumpsters.
PASSED.
AYES- 13 NOES- 0.
No. 178
Parking Restrictions
Item # 44 CCP Jan. 23, 1996
That the above mentioned item be and the same hereby is referred
to
the Council President.
ADOPTED.
No. 179
Ordinance Amendment - Chapter 413
Streets and Sidewalks (Use for Public Events)
(Item No. 80, 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 now moved:
That the Ordinance Amendment as contained in Item No. 80, C.C.P.,January 9,
1996, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 180
Ord. Amend. Ch 414-Special Events
Item No. 81, CCP, Jan. 9, 1996
That the above mentioned item be and the same hereby is received
and
filed.
ADOPTED.
No. 181
Ord. Amend. Ch 175-Fees
Item No. 82, CCP, Jan. 9, 1996
That the above mentioned item be and the same hereby is received
and
filed.
ADOPTED.
No. 182
Ordinance Amendment - Chapter 414
Special Events
(Item No. 190, C.C.P., Feb. 6, 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 received and filed.
ADOPTED.
No. 183
Ordinance Amendment - Chapter 175 Fees (Special Events)
(Item No. 191, C.C.P., Feb. 6, 1996)
That the above item be, and the same hereby is, returned to the
Common
Council without recommendation.
Mr. Coppola now moved:
That the Ordinance Amendment as contained in Item No. 191, C.C.P., February 6,
1996, be and the same hereby is approved.
PASSED.
AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS- 10.
NOES- COPPOLA, LOCKWOOD, ZUCHLEWSKI- 3.
No. 184
Special Event Ord.
Item No. 36, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 185
Request for Ordinance Amendment - Towing
(Item No. 161, C.C.P., Jan. 23, 1996)
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
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.
ADOPTED.
No. 186
Request Ord. Amend.-Towing
Item No. 30, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Request Ord. Amend.-Towing
Item No. 54, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 188
Appt./Reappt. Mbrs. Comm. For Youth
Item No. 2, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 189
Notif. Serials 8575-8583
Item No. 21, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 190
Restaurant/Dancing Class IV License
561 Forest Avenue
(Item No. 42, C.C.P., Feb. 6, 1996)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That pursuant to Chapter 150 of the Ordinances of the City of Buffalo,
the Director of Housing and Inspections is hereby authorized to issue a
Restaurant/Dancing Class IV License to Paul Kankolenski, of Paul K's Bourbon
Street Bar and Restaurant, 561 Forest Avenue, and the same be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 191
Pre-qualify Watts Engineers
(Item No. 167, C.C.P., Feb. 6, 1996)
That the Commissioner of Public Works hereby be requested to take
all steps necessary to pre-qualify Watts Engineers to perform engineering
services for bridge and highway projects for the City of Buffalo.
ADOPTED
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No 192
Locate Citicorp Hdqtr. in Bflo.
Item No. 70, CCP, Jan. 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 193
Locate Citicorp Hdqtr. in Bflo.
Item No. 39, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
COMMITTEE ON EDUCATION
HON. BARBRA KAVANAUGH
CHAIRMAN
No. 194
Memorialize N.Y.S. Legislature -Board of Education Elections
(Item No. 189, C.C.P., Jan. 23, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Quintana now moved:
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
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.
ADOPTED.
AYES- COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO, QUINTANA,
ZUCHLEWSKI- 9.
NOES- BROWN, KAVANAUGH, PITTS, WILLIAMS- 4.
No. 195
Alter Time-Board Elections
Item No. 15, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No 196
Alter Time-Board Elections
Item No. 57, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 197
Change Time-Board Of Education Elections
Item No. 66, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 198
School Board Salaries
Item No. 73, CCP, Jan. 9, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 199
School Board Salaries
Item No. 37, CCP, Jan. 23, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 200
Info-Salary Increase Bd. of Ed. Members
Item No. 88, CCP, Feb. 6, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 201
By: Mr. Brown
Circumstances of Refuse Collector's Death
Whereas: On Tuesday, February 13, 1996 Buffalo Street Sanitation
worker Robert Gary died tragically while making refuse collections in his home
district, the Masten District; and
Whereas: Presumably, the seventeen year employee died after he hit a utility
pole while riding on the back of a garbage truck; and
Whereas: Family and friends, grief stricken over this tragedy, are seeking
answers to the overriding question of how this death occurred; and
Now, Therefore, Be It Resolved:
That the Buffalo Common Council requests the Commissioner of the Buffalo Police
Department and the Commissioner of the Street Sanitation Department to respond
to the following;
Is there an investigation being conducted concerning the death of the
sanitation worker?
How did this accident occur?
How many agencies are involved in the investigation? and
Be It Further Resolved:
That the Common Council requests an update be filed as soon as possible by the
Commissioners of Police and of Street Sanitation on any information gathered to
date on this tragedy; and
Be It Finally Resolved:
That the Commissioner of Street Sanitation also investigate if there is a need
to implement new safety measures or training in an attempt to prevent any other
sanitation worker from being injured on the job and file his comments with this
Council.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF POLICE.
No. 202
By: Mr. Brown
Investigate Airtek Plant Site
Whereas: The Airtek Plant, located at 757 E. Ferry Street, was
recently damaged in a fire; and
Whereas: Speculation has arisen that environmental problems may exist at the
site; and
Whereas: There is a history of neighborhood concerns about environmental
problems in the area, particularly when taking into consideration the immediate
adjacent proximity to the abandoned General Electric Semiconductor Plant at
1489 Fillmore Avenue; and
Whereas: Demolition of the Airtek Plant may be required and, if every effort
is not undertaken to prevent abandonment by its present owners, the result will
be adjacent abandoned industrial sites (known as Brownfields) in the Fillmore -
E. Ferry area of the Masten Council District; and
Whereas: Any opportunities for redevelopment of these sites will be
contingent on favorable environmental conditions as a result of remediation as
well as the development of an appropriate revitalization plan for the area;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo requests that the following
Departments and Agencies investigate the Airtek property at 757 E. Ferry for
any potential environmental hazards or redevelopment opportunities and file
reports with this Honorable Body:
The New York State Health Department
The New York State Department of Environmental Conservation
The City of Buffalo's Office for the Environment
The Buffalo Fire Department
The Department of Community Development (Division of Planning)
The Department of Neighborhoods, Housing & Inspections
The Brownfield Task Force; and
Be it Further Resolved:
That the City's Office for the Environment be requested to identify the present
owner of 757 E. Ferry and take whatever steps are necessary, including a
demolition lien, to insure that the property not be abandoned and, in the event
of environmental problems, that the property be remediated with the cost
assigned to the owner; and
Be it Finally Resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof to the above mentioned parties.
ADOPTED.
No. 203
By: Mr. Coppola
Revert to City Building and Fire Code
Whereas: In 1985, this Common Council approved adoption of the
New York State Uniform Building and Fire Prevention Code, and
Whereas: At the time, the City of Buffalo had a fire prevention and building
code which, in many cases, exceeded the requirements of the state code; and
Whereas: Use of the state code has created hardships for property owners in the
City of Buffalo;
Now Therefore Be It Resolved That
This Common Council requests an opinion from Neighborhood Housing and
Inspections, Public Works, and Corporation Counsel on the possibility of
reverting back to the City of Buffalo's Building and Fire Code.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS, THE COMMISSIONER OF
PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 204
By: Mr. Coppola
Opinion from City Assessor-Revaluation
Whereas: The City of Buffalo revaluated all property within the
city limits and sent impact notices to property owners in August, 1992, with
the new assessments affective in 1993; and
Whereas: Values have dramatically declined since 1992 forcing property
owners to seek reductions to reflect current property values; and
Whereas: As New York State helps fund the process, it might behoove the City
of Buffalo to perform a revaluation of all property which would better reflect
today's market value for both homestead and non-homestead properties.
Now Therefore Be It Resolved That
This Common Council requests an opinion from the City Assessor on the
feasibility of performing a revaluation in the near future which would much
better reflect the current market value of both homestead and non-homestead
property in the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMMISSIONER OF ASSESSMENT.
No. 205
By: Mr. Coppola
Municipalization of the Electric Distribution
System in Buffalo
Whereas: Massena, New York, under the direction and authority of
the Massena Electric Utility Board, operates an electric distribution system
which was acquired in condemnation from Niagara Mohawk Power Corporation in
1981 -, and
Whereas: The Massena Electric Utility Board services electric customers in
the Town and Village of Massena and the surrounding communities of Louisville,
Stockholm, Brasher and Norfolk, and was able to reduce electric power costs to
its customers by approximately 24% upon its initial takeover in 198 1, and
Whereas: The current retail rates charged by Massena are approximately 70%
lower than the
rates charged by investor-owned utilities in the surrounding area; and
Whereas: Niagara Mohawk Power Corp. has asked state regulators for
permission to raise its rates by 10%; and
Whereas: This Common Council is already on record in support of the City of
Buffalo bypassing Niagara Mohawk Power Corp. by purchasing its power directly
from the New York State Power Authority, and preliminary talks and meetings
have begun between the authority and the Masiello Administration.
Now Therefore Be It Resolved That
This Common Council requests that Corporation Counsel and the
Commissioner of Public Works explore the feasibility of establishing a
municipal electric system in Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 206
By: Mr. Franczyk
Increased Appropriation
Reserve for Capital Appropriations
Department of Street Sanitation
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 Street Sanitation Exempt Items be and the same
$23,999.
hereby is increased in the sum of
That, the comptroller be and hereby is authorized and directed to transfer the
sum of $23,999 from 100-890-050 - Reserve for Capital Appropriations to meet
this increased appropriation as set forth below:
To:
100 General Fund
700 - Department of Street Sanitation
085 - Exempt Items
981 Passenger Cars and Other Vehicles $23,999
PASSED.
AYES- 13 NOES- 0.
No. 207
By: Mr. Franczyk
Increased Appropriation
North AmeriCare Park - Reserve for Replacements
North AmeriCare Park - Building Repairs & Alterations
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 - North AmeriCare Park be and the same hereby is increased in the
$50,000.
sum of
That, the comptroller be and hereby is authorized and directed to transfer the
$50,000
sum of from 420-899002 - Reserve for Replacements to meet this
increased appropriation as set forth below:
To:
420 Enterprise Fund
61 - Stadium and Auditorium
1 -North AmeriCare Park
085 - Exempt Items
980 - Machinery & Equipment $50,000
PASSED.
AYES- 13 NOES- 0.
No. 208
By Mr. Franczyk
Distribute Recycling Boxes at Community Centers
Whereas: The city is attempting to ensure compliance of source
separation curb-side recycling; and,
Whereas: Although blue recycling boxes were initially made available to
Households, there are frequent occasions when blue boxes are lost, stolen or
misplaced. Additionally, persons moving to a new locale in Buffalo may need a
blue box, and,
Whereas: It Is often inconvenient for residents to be expected to pick up
blue boxes in City Hall, particularly if they are traveling by bus-, and,
Whereas: Many citizens frequent their local not-for-profit community center
in their neighborhood, which is often a place where people can find
information, assistance or recreation, and,
Whereas: A way to make blue boxes more easily available to people might be
through the community centers, which is usually a short distance from where a
person resides,
Now Therefore Be It Resolved:
That the Street Sanitation Department look into providing a sufficient
number of blue boxes to the various bonafide community centers for
distribution, perhaps for the nominal cost requested, to constituents. The
community center blue box distribution program would also have to be adequately
publicized so that people would know where to conveniently obtain the boxes-,
Be It Finally Resolved
That the Streets Sanitation Department report to the Council on the
feasibility of this plan, and what it would take to implement it throughout the
community centers.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF STREET SANITATION, AND
THE COMMISSIONER OF PUBLIC WORKS.
No. 209
By: Mr. Franczyk
Lease of 647 Fillmore-Former Precinct #8
Whereas: The City of Buffalo is the owner of property located at
647 Fillmore Avenue, formerly Precinct #8; and
Whereas: The City abandoned the use of the property for public purpose on
September 6, 1994, and has been placed in the Division of Real Estate catalog
of properties available for sale; and
Whereas: The Division of Real Estate has received a request from Mr. Frank
Josker of Advanced Business Associates, to lease 647 Fillmore Avenue with an
option to buy; and
Whereas: 647 Fillmore Avenue is currently zoned C-3 and will require a
zoning variance or change to CM for the assemblage of plastic parts for
computers and light machinery; and
Whereas: Advanced Business Associates estimates that 10 to 20 new employment
opportunities will be created at this location;
Now Therefore Be it Resolved That;
That the Common Council authorize the Comptroller's Office to negotiate a lease
with an option to buy 647 Fillmore Avenue with Advanced Business Associates;
Be It Further Resolved:
That said lease will be contingent upon Advanced Business Associates applying
for and receiving approval of a zoning variance or change in zoning for 647
Fillmore Avenue:
Be It Finally Resolved:
That the Comptroller report the results of negotiations to the Common Council
for final approval.
ADOPTED.
No. 210
By: Mr. Franczyk
Ordinance Amendment
Chapter 437 - Taxicabs and Liveries
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 437 of the Code of the City of Buffalo be amended to read as
follows:
437-14. Rates and charges.
A. No person shall charge a greater sum for the use of a taxicab or livery
than in accordance with the following rates:
(1) Hourly rates: [fifteen dollars [($15.)] eighteen dollars ($18.) per hour
for one (1) or more passengers.
(2) Mileage rates: [one dollar and fifty cents [($1.50)] one dollar and
eighty cents ($1.80) for the first one-sixth (1/6) mile or less; [twenty-five
cents [($0.25)] thirty cents ($0.30) for each additional one-sixth (1/6) mile
or less; [twenty-five cents [($0.25)] thirty cents ($0.30)each one (1) minute
of waiting time, including time lost in traffic delays. Upon producing
certification issued by the Mayor's office as to senior citizen status, persons
shall be entitled to a ten-percent reduction in the amount of the fare.
(3) Hand baggage: free.
(4) Trunks: one dollar ($ 1.) each.
(5) Large boxes: one dollar ($1.) each.
B. No additional or extra charge shall be made for carrying more than one
(1) passenger, but all passengers up to the seating capacity of the vehicle
shall be carried for the same fare as that above prescribed for one (1)
passenger.
C. Upon demand, the driver of a taxicab or livery shall furnish to the
passenger a receipt for the fare paid, showing the name and badge number of the
driver.
D. All disputes as to the lawful rate of fare shall be determined
by the police officer in charge of the police station nearest to the place
where the dispute arises or occurs; and a failure to comply with such
determination, provided that it be in accordance with the rate herein fixed,
shall be a violation of this chapter.
E. The rate charged in the City of Buffalo shall be subject to review and
renewal by the Common Council after a period of one (1) year from the effective
date of such rate change. During that one (1) year period, taxicab and livery
service providers shall work with the Common Council on improving the quality
of service in the City of Buffalo. The amount of improvement and extent of
cooperation by the taxicab and livery service providers may be considered in
the decision to renew the rate for an additional period of time.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 211
By Messrs. Franczyk & Pitts
Target Walden/Sycamore Area Blight
Whereas: A critical mass of slumlord, dilapidated, burned-out,
boarded-up or otherwise wrecked properties have severely impacted on numerous
streets in the Walden/Sycamore community. in fact, conditions are so bad that
the area qualifies for a near "state of emergency.", and,
Whereas: Sweet Avenue between Sycamore and Walden Streets resembles a literal
corridor of blight, with dozens of abandoned, burned out and rash strewn
hovels, and,
Whereas: Other streets in the area also have a similar "bombed-out"
appearance, such as parts of Rother, Harmonia, (particularly the former Fels
Restaurant on the corner of Walden/Harmonia), Roetzer and Walden, and further
Northeast, Lathrop and Kosciuszko Streets (especially between Stanislaus and
Broadway), and,
Whereas: These pockets of ugly, debilitating decay not only attract drug
dealers, criminals and irresponsible absentee slumlords, but hey discourage
block club activists and responsible property owners who are struggling to
keep up their homes and neighborhood,
Now Therefore Be It Resolved:
That the first stage in revitalizing this community is a full-scale massive
assault on the ugly, dangerous properties littering the
Walden/Sycamore/Kosciuszko-Broadway pocket, and,
Be It Further Resolved:
That the opening salvo of eradicating the blight include an immediate and
wholesale demolition of all those abandoned, fire-damaged and boarded-up
properties on those blocks bounded by Sweet Avenue on the West and Harmonia
Street on the East, as well as those pockets on Lathrop and Kosciuszko Streets,
particularly the detestable shacks on Kosciuszko Street between Stanislaus and
Broadway,
Be It Finally Resolved:
That this Council request an immediate report on the feasibility of a quick
demolition blitz on the properties in question from the Department of
Neighborhood and Housing Inspections, as well as a report from the Department
of Community Development on how we might target improvements in the
Sycamore/Walden community, such as identification of funds, possible Urban
Renewal designation and other sorely needed initiatives.
REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS , THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND MAYOR'S IMPACT TEAM.
No. 212
Mr. Zuchlewski was excused for the remainder of the meeting.
ADOPTED.
No. 213
By: Messrs. Helfer, Franczyk, Czajka, Brown, Coppola, Quintana,
Pitts, Zuchlewski and Mrs. Gray, Williams, LoTempio, Lockwood, Kavanaugh
Residency Requirements
Whereas: Chapter 35-6 - Residency - of the Code of the City of
Buffalo stipulates that "On and after July 1, 1939, it shall be the duty of
each employee of the City of Buffalo, during the period of his employment by
said city, to be a domiciled resident of the city and to maintain his permanent
residence within the corporate limits of said city."; and
Whereas: Certain employees, by statute, may be exempted from the residency
requirements. Waivers may also be granted by the appointing authority with
consent of the Civil Service Commission, provided that no such waiver shall be
granted for more than six (6) months; and
Whereas: The Municipal Civil Service Commission shall have concurrent
jurisdiction with the appropriate appointing authority for the enforcement of
this provision. The penalty for non compliance is dismissal from employment,
yet adherence to and enforcement of the policy is, at best, inconsistent, and,
at worst, disregarded or ignored; and
Whereas: While the requirement seems straightforward and unequivocal, there
can be no question that a fair number of city employees are not in compliance
with this regulation; and
Whereas: Individuals who violate this policy do an injustice to the city and
its taxpayers in two primary ways: failure to contribute to the local economy
through home ownership and generating property taxes, through retail purchases,
and through other personal expenditures, and, in essence, by 'stealing' a job
from a qualified resident of the city of Buffalo; and
Whereas: A thorough analysis of the residency issue is warranted, and should
include the following :
What constitutes proof of residency?
A specific list of employees (job titles) exempted from residency requirements
and the reason for the exemption
A specific list (employee name) of individuals who have been granted exemptions
to the residency requirements
A specific list (employee name) of individuals who have been granted waivers to
the residency requirements
A specific list of employees who have been charged with violations of the
residency requirements
A specific list of any employees found in violation of the residency
requirements, and the penalty assigned as a result of the violation
Procedures used to file complaints and methods used to investigate allegations
of non-compliance
Whether periodic reviews are conducted to insure ongoing compliance and the
time frame for such reviews;
Whereas: The analysis should cover a five year period, beginning on January
1, 1991 and concluding on December 31, 1995;
Now, Therefore, Be It Resolved:
That this Common Council request that the Municipal Civil Service Commission
prepare and file a report detailing the aforementioned data; and
Be It Further Resolved:
That the Corporation Counsel submit an opinion that provides definitions of the
terms "domiciled" and "permanent residence"; explains the concept of
"temporarily residing outside the city"; and comments on the conditions for the
granting of waiver not to exceed six (6) months; and
Be It Finally Resolved:
That responses to the above requests be filed with the Common Council prior to
2 PM on Thursday, February 29, 1996.
ADOPTED.
No. 214
By: Mr. Helfer
Appointment of Ron Katz, Legislative Aide
I hereby appoint Ron Katz, 444 Stockbridge Avenue, Buffalo, New
York, to the position of Legislative Aide for the University District,
effective Tuesday, February 13, 1996.
ADOPTED.
No. 215
By: Ms. Kavanaugh
Clean Up Buffalo
Whereas: Cleaning up neighborhood trash and blight is a serious
concern, not only in the City of Buffalo but also in municipalities throughout
the country; and
Whereas: The City of Bridgeport, Connecticut has established a program that
helps clean up neighborhoods while providing employment for residents who are
on welfare or unemployed; and
Whereas: Called "Trash for Cash," this program involves hiring residents to
haul away trash from private properties which the owners have failed to clean
up; and
Whereas: The property owner is subsequently charged for the cost of the
cleanup; and
Whereas: This is similar to what the City does when private property owners
fail to cut the grass growing on vacant lots, except that it utilizes private
individuals rather than city employees to rectify the situation; and
Whereas: The establishment of such a program for the City of Buffalo would
not only help clean up blighted neighborhoods, but it would also provide a
revenue stream for the City and gainful employment for residents of the
neighborhoods that are targeted;
Now, Therefore Be It Resolved:
That the Corporation Counsel be requested to review this concept and issue a
report on the feasibility of such a program involving citizen participation for
the City of Buffalo, with a particular focus on liability concerns and the
existing contracts with city unions;
Be It Further Resolved:
That the Mayor's Impact Team be requested to formulate a pilot program designed
to utilize the unemployed to help clean up trash from city neighborhoods.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL AND
THE MAYOR'S IMPACT TEAM.
No. 216
By: Ms.Kavanaugh
Memorialize State Legislature-Urban Reforestation Bill A:5380
Whereas: Assemblyman Sam Hoyt has introduced "The Urban Reforestation
Act of 1995" (A.-5380) that would provide funding for urban reforestation
through a fee on billboards along state thoroughfares ; and
Whereas: Reforestation is an important issue for Buffalo because the city is
currently losing approximately 500 more street trees than it plants each year;
and
Whereas: Trees are essential to a positive urban environment and provide
many benefits including cooling and cleaning the air, conserving energy,
reducing storm water runoff and flooding, maintaining wildlife habitat, and
contributing places for people to relax; and
Whereas: The City of Buffalo is in desperate need of funding to hire
forestry personnel and to pay for the planting and care of trees;
Now, Therefore, Be It Resolved That:
This Common Council memorialize the New York State Legislature to pass A:5380
and to develop and pass a companion bill in the Senate; and
Be it Further Resolved That;
The City Clerk be directed to forward certified copies of this memorialization
to the Clerk of the Assembly, the Secretary of the Senate and to the members of
the Western New York Legislative delegation.
No. 217
By: Ms. Kavanaugh and Mrs. Lockwood
City of Buffalo
Local Law No. (1996)
Introductory No. 2 (1996)
A LOCAL LAW amending Article 24 of the Charter of the City of Buffalo
in relation to the salaries of the board of education.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS
FOLLOWS:
Section 1. That Article 24 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
(a) By amending section 452 to read:
The council may provide an annual salary not exceeding [five] ten thousand
dollars per year for each member of the board of education, but in fixing such
salary it shall be provided that the failure of any member of such board to
attend any stated meeting, unless the board at such meeting, by a two-thirds
vote of all the members elected thereto, excuse such failure to attend such
meeting for reasons to be stated in the resolution of the board, shall result
in a deduction from his annual salary of one-fiftieth part thereof for each
such failure and such deductions shall be made in certifying the payroll.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
LAID ON THE TABLE.
No. 218
By: Mrs. Lockwood
Amend Authorization for Narrowing of South
Park Avenue
Whereas: With Item #58 C.C.P. March 21, 1995 "Crossroads Arena
Project Rights-of-way" this Council authorized the narrowing of South Park
Avenue at the request of the Crossroads Arena LLC; and
Whereas: This item allows the narrowing of the pavement of South Park from
42 feet to 26 feet to allow two 13 foot car lanes on South Park from Main
Street to Illinois Street; and
Whereas: Such a narrowing would prevent Waterfront Greenway bike lanes from
being placed on South Park; and
Whereas: In meetings involving Greenway advocates, Public Works Department
officials, and Sabres representatives, there has been a general agreement that
a 32 foot street width that will accommodate two 11 foot car lanes and two 5
foot bicycle lanes is an acceptable alternative; and
Whereas: Lawrence Quinn, in a January 24, 1996 letter has stated that the
Sabres "are prepared to live" with this alternative if the city will construct
the bike lanes and relocate gas lines as necessary; and
Whereas: The Department of Public Works needs to begin final design work on
South Park in order to meet the city's commitments relative to the Marine
Midland Arena;
Now, Therefore, Be It Resolved That:
This Council hereby amends its March 21, 1995 authorization to narrow South
Park Avenue to 26 feet to an authorization to narrow South Park Avenue between
Main and Illinois Streets to 32 feet in order to allow for Greenway bike lanes.
PASSED.
AYES- 13 Noes- 0.
No. 219
By: Mrs. LoTempio
Home Rule Message - S.5969; A.8667: Sale of Bonds and Notes by
City of Buffalo
Whereas: There has been introduced in the New York State Legislature
Senate Bill S.5969 and Assembly Bill A.8667, "An act to amend local finance
law, in relation to the sale of bonds and notes of the city of Buffalo"; and
Whereas: The purpose of this Bill is to extend for one year a funding
mechanism used by the city for projects requiring immediate attention; and
Whereas: This Act amends Section 54.30 of the Local Finance Law to extend
the provisions of this section from June 30, 1996 to June 30, 1997;
Now, Therefore, Be It Resolved:
That the city of Buffalo hereby requests the enactment into law of Senate Bill
S.5969 and Assembly Bill A.8667, "An Act to amend local finance law, in
relation to the sale of bonds and notes of the city of Buffalo"; and
Be It Further Resolved:
That the City Clerk is hereby authorized and directed to certify passage of
this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the members of the Western New York delegation
of the State Legislature.
ADOPTED.
No. 220
By:Mrs. LoTempio, Kavanaugh, Lockwood Gray and Williams and Messrs.
Pitts, Brown, Coppola, Franczyk, Czajka, Helfer, Quintana, Zuchlewski
Residency Requirements for City of Buffalo Employees
Whereas: There is an increasing concern among City of Buffalo employees,
residents, and elected officials regarding the large numbers of City of Buffalo
employees not residing in the City of Buffalo; and
Whereas: A concise definition of residency is necessary in the City of
Buffalo for hiring City of Buffalo employees; and
Whereas: Although Chapter 35-6-Residency- of the Code of the City of Buffalo
states that "On and after July 1, 1939, it shall be the duty of each employee
of the City of Buffalo, during the period of his employment by said city, to be
a domiciled resident of the city and to maintain his permanent residence within
the corporate limits of said city."- and
Whereas: Some employees are exempt from and many other employees receive
temporary waivers (six months) from the residency requirements; and
Whereas: There is a growing concern related to the hiring and promotion of
City of Buffalo employees who reside outside of the City of Buffalo that
requires clarification and a response from the Law Department stating whether
or not this is a violation of City of Buffalo laws; and
Whereas: There have been concerns related to the number of City of Buffalo
Fire Fighters residing outside of the City of Buffalo; and
Whereas: There are also concerns related to the criteria for hiring City of
Buffalo Fire Fighters; and
Now, Therefore, Be It Resolved:
That this Common Council requests that the Law Department file a response
and/or recommendation explaining the role of residency requirements when hiring
and promoting City of Buffalo employees, in addition to defining "domiciled"
and "permanent residence",
Be it Further Resolved:
That this Common Council would like a written response from the Municipal Civil
Service Commission and the Law Department stating the procedures for
determining, monitoring, and enforcing residency requirements;
Be it Additionally Resolved:
That this Common Council would like a written response from the Municipal
Civil Service Commission indicating the number of City of Buffalo Fire
Fighters and other City of Buffalo employees not residing in the City of
Buffalo; and
Be it Finally Resolved:
That responses and recommendations to the above requests be filed with the
Common Council prior to 2 PM on Thursday, February 29, 1996.
ADOPTED.
No. 221
By: Mrs. LoTempio and Mr.Czajka
Set Public Hearing
LDA For a 1.64 Acre Portion of Parcel #4 New Buffalo Industrial Park
Whereas, Albert J. Baratto and Antionette M. Baratto and/or other
legal entity to be formed (herein referred to as the "Redeveloper") has been
duly designated as qualified and eligible Redeveloper in accordance with the
rules and procedures prescribed by the City of Buffalo Urban Renewal Agency;
and
Whereas, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
disposition Parcel 4 in the New Buffalo Industrial Park.
Whereas, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
23rd day of February 1996.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing at 2:00 P.M. in the Council Chambers on the
5th day of March 1996.
ADOPTED.
No. 222
By: Mrs. LoTempio and Mr.Czajka
Set Public Hearing-LDA
For A 4.13 Acre Portion Of Parcel # 4 New Buffalo Industrial Park
Whereas, Great Lakes Electronics Distributing, Inc. and/or other
legal entity to be formed (herein referred to as the "Redeveloper") has been
duly designated as qualified and eligible Redeveloper in accordance with the
rules and procedures prescribed by the City of Buffalo Urban Renewal Agency;
and
Whereas, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
disposition Parcel 4 in the New Buffalo Industrial Park.
Whereas, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
23rd day of February 1996.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing at 2:00 P.M. in the Council Chambers on the
5th day of March 1996.
ADOPTED.
No. 223
By: Mr. Pitts
Ordinance Amendment
Chapter 414 - Special Events
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the Code of the City of Buffalo be amended to add a new Chapter 414
to read as follows:
Chapter 414
SPECIAL EVENTS
Sec. 414-1. Legislative Intent
The Mayor and the Common Council of the City finds that streets and other
public places in the City are from time to time temporarily closed and used as
sites for ethnic festivals, art shows, neighborhood celebrations and other
public events which are privately sponsored but open to the public. Events of
this kind serve to improve the quality of life of the residents of the City and
often result in large numbers of people congregating within the confines of the
temporarily closed streets or public places, and the resulting crowd conditions
create concerns for police and fire access and control and other concerns
relating to the health, safety and welfare of the public and of persons and
property in the closed area. It is therefore essential that a policy be
established for governing these events which will facilitate control over them
by the sponsor and by City officials from departments involved with the event
to safeguard persons and property.
Sec. 414-2. Definitions
The following words, when used in this chapter, shall have the meanings
herein stated, unless a different meaning clearly appears from the context:
SPECIAL EVENT - A special event is a preplanned single event of series of
events that, because of its nature, interest, location, promotion, or any
combination of similar influences, is expected, or later found, to draw a large
number of people, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but affecting
public property or requiring City support services, for the purpose(s) of
entertainment, celebration, amusement, cultural recognition, arts and crafts
displays and/or sales, amateur sports demonstration or competition, block
parties or similar activities generically considered recreational in nature.
Examples include, but are not limited to, ethnic festivals, street fairs,
street art shows, public celebrations, outdoor concerts, parades, road races.
LARGE NUMBER OF PEOPLE - Large number of people is any combination of
spectators or participants expected, or later found, to equal or exceed three
thousand (3,000).
PUBLIC PROPERTY - Public property is property which is owned, operated,
maintained, and/or controlled by the City which is not rental in nature.
Examples of public property include, but are not limited to, parking lots,
plazas, streets, sidewalks, and parks.
SUPPORT SERVICES - Support services are those which can or must be provided by
the City to ensure that a special event is conducted in such a manner as to
protect the safety, health, property, and general welfare of its citizens.
Examples include fire protection, crowd management and control, and traffic
management and control.
ADMISSION FEE - An admission fee is the charge to spectators to witness and
persons to participate in the special event.
CITY EVENT - An event sponsored by the City as recognized by the Special Events
Advisory Committee.
SPONSOR - The individual, group of individuals, corporation or other entity
responsible for organizing the event.
Sec. 414-3. Special Events Advisory Committee
A. Purpose and Need
The purpose of the Special Events Advisory Committee ("SEAC") is to provide a
mechanism which will allow the City to plan for and coordinate special events;
which will allow for the establishment of terms and conditions under which the
event may be conducted; and will allow a sponsor to plan and manage a special
event within the context of the established terms and conditions.
The need for such a mechanism has been demonstrated over a period of years,
wherein City departments and sponsors alike have been uncertain of their
responsibilities. There is need for the City to be able to project and
coordinate personnel and financial resources and the public spaces under its
control. There is need for the City to be reimbursed for all or part of the
services provided when it is deemed appropriate and/or possible. There is need
for sponsors to receive a timely and understandable response to their requests
or proposals and to have a clear understanding of their obligations.
There is an overriding need to ensure that the mechanism will allow for, and in
fact encourage, the reasonable proliferation of the activities and events which
contribute to the economic viability of the City and the quality of life of its
citizens.
These needs can best be met by a thorough evaluation of each special event
proposal on an individual basis by a committee designed to recognize these
interests.
B. Composition of the SEAC
The SEAC shall be comprised of the following officials or their designated
representatives:
1 . The Special Events Coordinator, serving as Chair of the Committee.
2. The Commissioner of Community Development.
3. . The Commissioner of Police.
4. The Commissioner of Public Works.
5. The Commissioner of Street Sanitation.
6. The Commissioner of Fire.
7. The Director of Licenses and Permits.
8. The Commissioner of Human Services, Parks and Recreation.
9. The Director of Budget and Management.
10. The Director of Parking Enforcement.
11. The Director of Recreation.
12. The Corporation Counsel.
13. The Common Council's Chief of Staff.
C. Special Events Coordinator
1 . Position and Appointment
The Special Events Coordinator appointed by the Mayor shall act as the
coordinator for the SEAC. The Special Events Coordinator shall operate out of
the Mayor's Office.
2. Duties
Coordination responsibilities include, but are not limited to, the following:
a . Distributing Special Event Applications, Policies and Procedures,
Evaluation forms, and related information to sponsors and City departments.
b. Receiving and compiling completed applications from sponsors.
c. Distributing completed applications and costing forms to City support
departments.
d. Receiving applications and cost forms from City departments.
e. Convening and chairing the SEAC meetings.
f. Notifying event sponsors of the approval/disapproval of the request and
of conditions of approval, if any.
g. Preparing and updating an annual special events calendar.
h. Distributing the annual special events calendar to affected City
departments.
3 Vacancy
In the event of the temporary absence, vacation or disability of the Special
Events Coordinator, the Mayor shall appoint an interim Special Events
Coordinator until the absence, vacation or disability ceases.
D. Responsibilities of the SEAC
The SEAC is charged with the responsibility of reviewing, evaluating, approving
or disapproving all special event applications as well as identifying
City-sponsored special events. The decision making process may include, but
not be limited to the following:
1. Application of the general policy, criteria, and evaluation factors which
are a part of these policies and procedures.
2. Consideration of the City's ability to provide support in terms of
personnel resources.
3. Consideration of the City's ability to support the event financially.
4. Consideration of the sponsor's ability to provide financial assistance.
E. Authority of the SEAC The SEAC may:
1. Approve or disapprove of an application as submitted. If the SEAC
disapproves, the SEAC must state in writing the reason(s) for the disapproval.
2. Establish the terms and conditions for the special event. Terms and
conditions may include, but are not limited to, areas such as location, timing,
scope, and/or financial arrangements.
3. Negotiate with a sponsor for the purpose of establishing terms and
conditions including, but not limited to, those identified in Section
414-10(D), and state in writing the final terms and conditions the City will
agree to.
F. Meetings and Timing of Meetings
Meetings shall be convened by the Special Events Coordinator periodically, for
informational purposes and/or for the purposes of evaluating and approving
applications.
G. Voting
1 Five (5) members of the SEAC shall constitute a quorum.
2. Decisions shall be made by majority vote of those members present.
Sec. 414-4. City Responsibility
The City is responsible for determining whether to issue permits and
licenses for special events and establishing guidelines for the safe and proper
conduct of such special events. To fulfill these responsibilities the City
must determine if a special event should be conducted and the terms and
conditions under which an approved event may be conducted.
Sec. 414-5. Sponsor Responsibility
It is the sponsor's responsibility to make application to conduct a
special event as provided in this article and to furnish any additional
information that may be requested. It is the sponsor's responsibility to abide
by all of the terms and conditions established as part of the approval process.
It shall be the sponsor's responsibility to provide for the protection of the
safety, health, property, and general welfare of those attending and
participating in the special event.
Sec. 414-6. Application and Cost Estimation
A. Application
The sponsor must submit an application to the SEAC at least ninety (90) days
prior to the event. The application must include a proposed budget and a
previous year's budget if such event took place in the previous year. The SEAC
may meet with the sponsor and review the obligations of various City
departments and the sponsor. The sponsor must supplement the application as new
information is learned or obtained, including the addition of sponsors. The
SEAC shall render its decision on a completed application within twenty-one
(21) days of receipt of a completed application. All permit applications and
applicable fees must be submitted thirty (3 0) days prior to the start of the
event, including those related to fireworks, concession stands and amusement
rides. Application forms are to be obtained from and returned to the Mayor's
Office in City Hall. Exceptions to this application process may be made for
justifiable reasons upon petition to the Special Events Coordinator.
B. City Costing Process
The completed forms will be distributed to the appropriate City departments and
agencies who will estimate the additional costs that would be incurred as a
result of the event. This information may be used in establishing terms and
conditions under which an event may be conducted when the use of police or
other City personnel is appropriate, possible, and not in conflict with any
other administrative policies and procedures and/or labor agreements.
Sec. 414-7. Approval Process
A. Review--General
The SEAC will review, approve or disapprove each proposed special event on its
own merits. In reviewing a proposed special event, the SEAC will also review,
evaluate, and determine the costs of City support services required for the
special event that will be charged to all sponsors, unless the SEAC waives all
or any portion of these costs if such a waiver is in the best interest of the
City. The SEAC will consider various criteria and factors, including, but not
limited to:
1. Is the proposed event considered desirable for the City?
2. Does the City have the ability to provide the required support
services regardless of who bears the cost?
3. Does the proposed special event conflict with any other proposed
special event or activity?
B. Decision
The SEAC may either approve a proposed event as submitted, make unilateral
modifications or make modifications in cooperation with the sponsor. In
deciding on approving or disapproving a proposed special event, the SEAC will
set forth any terms and conditions applicable to an approved event. The SEAC
shall render any decision to waive costs or fees provided herein in writing
with reasons for its decision to waive.
C. Appeals
An applicant for a special event may appeal the decision of the SEAC and the
decisions of the Special Events Coordinator regarding petitions under Section
414-6(A) to the Finance Committee of the Common Council, which may recommend to
the Common Council that it overturn the decision of the SEAC after a hearing.
Sec. 414-8. Notification
The sponsor will be notified of the approval or disapproval of the
proposed event and will be advised of any terms and conditions applicable to an
approved event by return of one copy of the SEAC Approval form within
twenty-one (21) days of receipt of the completed application.
Sec. 414-9. Requirements
A. Permits and Licenses
Approval to conduct a special event by this process does not relieve the
sponsor or any participant, including but not limited to food stands, vendors,
peddlers or exhibitors, from the responsibility of applying for any other
permits or licenses or meeting any other requirements which may be applicable.
1. Fireworks
All permit, licensing and safety requirements established by the Department of
Neighborhoods, Housing and Inspections and the Department of Fire shall be
observed. The discharge of personal fireworks is not allowed.
2. Parades and Street Closings
Sponsors must apply for any and all necessary permits to have a parade or to
temporarily close a street.
B. Insurance
All events must obtain a liability insurance policy in the amount of one
million dollars ($1,000,000) with the City named as an additional insured, or a
larger amount in the discretion of the City. This insurance shall satisfy all
insurance requirements for the City for holding the special event. Additional
insurance requirements of City Departments shall be considered by the SEAC in
formulating the amount of coverage required. The insurance policy shall be
subject to the review and approval of the Corporation Counsel of the City.
C. Due Date
All required permits, licenses, security deposits and insurance policies must
be obtained no later than ten (10) days prior to the date of the event, with a
copy of each forwarded to Room 201 City Hall.
Sec. 414-10. Event Guidelines
A. Daily Time Restriction
The hours of operation for any special event taking place within a park shall
be between the hours of 9:00 A.M. and 10:00 P.M. on weekdays and Saturdays and
between 1:00 P.M. and 10:00 P.M. on Sundays. The hours of operation for any
special event taking place on the streets of the City shall be between 9:00
A.M. and 11:00 P.M. on any day of the week.
B. Inspections
Pre-event and post-event inspections will be performed by representatives of
the sponsor and the SEAC.
C. Site Maintenance
All areas used must be left in a clean condition. The Department of Street
Sanitation or the Department of Human Services, Parks and Recreation will
provide trash cans and dumpsters for the event. The number required will be
determined by review of each event by the SEAC. The sponsor must provide
plastic bags for trash cans, The Department of Street Sanitation may provide
additional sanitation services, subject to conditions set by the Commissioner
of Street Sanitation before or after events. The sponsor must secure right of
way access for all services provided by the City.
1. Clean-up Time
Clean-up must be completed by 12:00 Noon on the day following the event.
Events which utilize amusement rides are allowed until 4:00 P.M. on the day
following the event.
D. Services Available from the City
The City will provide certain equipment and materials to facilitate comfort and
control over the event, subject to availability and the City's prior need for
such equipment and materials. Exceptions for these services may be made for
justifiable reasons upon petition to the SEAC.
1. Temporary Parking Signs
All temporary paper signs for restricting parking must be posted twenty-four
(24) hours in advance and maintained by the sponsor. Requests for the
necessary materials should be directed to the Division of Parking Enforcement.
Any usage of temporary signs without the authorization of the Division of
Parking Enforcement will be neither recognized nor enforced. Upon the event's
completion, all paper signs must be taken down by the sponsor.
2. Barricades
All barricades should be requested from the Department of Public Works. When
the equipment is provided, the sponsor must sign for the barricades. The
sponsor shall also be responsible for picking up, setting up, breaking down and
delivering the equipment both to and from the Department of Public Works
storage site. The cost of replacing lost or damaged barricades lies with the
sponsor.
3 . Snowfencing
If necessary, all snowfencing should be requested from the Division of Parks.
The sponsor shall be responsible for setting up and breaking down the
equipment. The Division of Parks will deliver and pick up the equipment. A
security deposit paid to the City may be required in the form of a check
payable to "The City of Buffalo Special Events" in an amount determined by the
Division of Parks. A copy of the receipt and check must be mailed to the
Mayor's Office, Room 201 City Hall. The cost of replacing lost or damaged
snowfencing lies with the sponsor.
4. Bandshell Rental
A rental fee per day as provided in Chapter 175, Fees, shall be charged for the
use of the bandshell. A rental fee paid to the City in the form of a check
payable to "The City of Buffalo - Special Events". The check shall be
delivered to the Division of Parks. A copy of the receipt and check must be
mailed to the Mayor's Office, Room 201 City Hall. The Department of Human
Services, Parks and Recreation will set up, maintain and take down the
bandshell. The sponsor must provide security.
5 . Fees
A fee for furnishing security services at special events may be charged for
each 3,000 persons in the aggregate in attendance at the event up to a maximum
of 90,000 persons so that the fee not exceed $3,000.00, as provided in Chapter
175, Fees. The sponsor would pay this fee, as well as other costs not finally
determined prior to the SEAC's authorization for the special event, within ten
(10) days after the conclusion of the event.
E. Additional Services
The sponsor may be responsible for providing some additional services during
the event, including but not limited to the following:
1. Security
The amount and type of security necessary will be determined by the SEAC,
upon review of the event application and the Department of Police's
recommendation. Private security must be obtained pursuant to the
recommendations of the SEAC.
2. Emergency Medical Services
The sponsor must provide a designated emergency medical service area or areas
as needed. The sponsor shall meet all guidelines imposed by the New York State
Department of Health. If an event expects an estimated crowd of five thousand
(5,000) people or more, the sponsor must submit proof of contracted medical
services to the SEAC before the issuance of any City permit or license. The
Department of Fire will not station personnel on the event site for the purpose
of providing first aid.
3. Utilities
The sponsor is responsible for payment for any utility use, with payment made
directly to the affected department or utility provider. Where available,
meters will be checked before and after the event by a City representative and
the sponsor. The affected department shall send a copy of the bill or invoice
rendered to the sponsor to the SEAC as that bill or invoice is rendered.
4. Restroom Facilities
The SEAC will determine reasonable guidelines for portable bathrooms.
Financial responsibility for obtaining facilities rests with the sponsor. The
sponsor must provide supervision for any park restroom open after 4:00 P.M.
F. Banners and Signage
Any banner to be hung over the streets of the City in relation to a special
event must obtain the approval of the SEAC and the Department of Public Works
before it can be erected. All signage placed for the event should follow any
and all requirements for signs allowable under applicable law. The sponsor
shall be responsible for erecting and dismantling any signage or banners it is
permitted to hang.
G. Other Restrictions
The following are prohibited within the confines of any special event:
1. Overnight camping in City parks, except for authorized uses related to
the nature of the event with the permission of the Commissioner of Human
Service, Parks and Recreation.
2. Unlicensed gambling or illegal games of chance.
3. Littering and the use of glass containers.
4. Open fires that are not under the guidelines established by the Fire
Prevention Bureau.
Sec. 414-11 - Evaluations
A. Internal Evaluations
Departments that participated in an approved special event shall submit to the
Special Events Coordinator internal evaluation forms within seven (7) days
after the conclusion of the event. Departments shall submit amendments to
their evaluations as the departments receive additional facts.
B. Sponsor Post-Event Accounting
Sponsors shall submit to the SEAC an accounting of expenses, revenues, and use
of funds. Sponsors shall submit such an accounting to the SEAC within thirty
(30) days of the conclusion of the special event. Failure to submit such an
accounting, or failure to use funds raised at the special event as represented
to the SEAC or the City, may be a factor in evaluating whether to grant to that
sponsor authorization to hold special events in the future.
Sec. 414-12. Penalties
A. Fine
Special events shall not be held without the authorization of the SEAC nor held
in contravention of the terms and conditions set forth by the SEAC (excluding
reversions by the Common Council on appeal pursuant to Section 414-7(E)).
Violation of this ordinance may subject the sponsor to a fine of five hundred
dollars ($500.00) in addition to any other penalty provided in the ordinances
or in any other law on account of commencement of said special events without
required permits, licenses or authorization.
B. Closing of Unauthorized Special Events
The Commissioner of Police may close any special event conducted without
authorization of the SEAC and the sponsors and participants may be subject to
arrest.
Sec. 414-13. Exclusion From Policy
A. City Events Events initiated by and/or sponsored or cosponsored by the
City are excluded from the provisions of this policy.
Notwithstanding the exclusion of City events, any City event requiring
significant support service assistance from any department or agency other than
the sponsoring department shall be subject to application and costing
procedures. The purpose of this provision is to assist all departments and
agencies in overall resource and financial planning and processes.
B. Events Solely Within Parks
Events that are held entirely within the jurisdiction of the Division of Parks
that involve less than a large number of people or do not require the
intervention of any other City department shall be deemed an event sponsored or
cosponsored by the City for purposes of this ordinance and shall be regulated
by the Division of Parks and governed by Section 414-13 (A). Applications for
such events shall be collected by the Division of Parks, which shall refer
matters outside of this exemption to the SEAC.
Sec. 414-14. Effective Date
Pursuant to Section 35 of the Charter, this ordinance is effective
immediately upon its adoption. The SEAC shah give a waiver of the application
deadline of Section 414-6(A) to sponsors of events proposed to begin within
ninety (90) days from this effective date.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 224
By: Mr. Pitts
Hearing On The Future Of The Fire Department
Whereas: There exists a great deal of uncertainty about the long-term
and short-term future of the City of Buffalo's Fire Department; and
Whereas: The proposed consolidation plan for city fire houses, the level of
manpower, recent injuries to firefighters, and the current rotating closings of
certain fire houses are among the issues of concern; and
Whereas: This Common Council should be afforded the opportunity to hear what
plans the administration has for the Buffalo Fire Department in the months and
years to come;
Now, Therefore Be It Resolved:
That the Common Council sponsor a hearing on the future plans for the City of
Buffalo Fire Department; and
Be It Further Resolved:
That the Fire Commissioner and the Commissioner of Administration and Finance
be invited to inform the Common Council about their long and short-term plans
for the Fire Department, and to answer questions from members of this Honorable
Body;and
Be It Finally Resolved:
That the Fire Union be provided an opportunity to make a presentation regarding
proposed equipment changes and other safety issues.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE, THE COMMISSIONER OF FIRE, AND LOCAL 282.
No. 225
By: Mr. Pitts
Prepare Ordinance Amendments Regarding Telephone Facilities
Whereas: There has been much discussion about the need to enhance
the City's ordinances concerning public telephone facilities; and
Whereas: The attached proposed changes to Chapter 441 and Chapter 175 have
been suggested as enhancing the City's ability to properly regulate public
telephone facilities;
Now, Therefore Be It Resolved:
That the Corporation Counsel be directed to prepare the attached proposed
ordinance amendments in proper legal form; and
Be It Further Resolved:
That the Corporation Counsel also be requested to submit these proposed
amendments to the Commissioner of Public Works for review and comment.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER
OF PUBLIC WORKS.
No. 226
By: Mr. Quintana
Defining Process for Installing Stop Signs
Whereas: Block clubs, schools, community groups and residents have
experienced great difficulty when trying to have stop signs put up in their
neighborhood; and
Whereas: The Department of Public Works reportedly uses the NYSDOT Manual
of Uniform Traffic Devices in deciding to put in a new stop sign; and
Whereas: This manual (Section 212. 1) states that "The occurrence within a
twelve month period of five or more reported accidents of a type susceptible to
correction by a multi-way stop control" is a condition that may "warrant a
multi-way stop control"; and
Whereas: In addition the manual (Section 211.2 (c) states that "A stop or
yield sign should not be used for speed control"; and
Whereas: The above noted sections of the manual, if interpreted in a heavy
handed fashion, tend to continue unsafe conditions despite neighborhood
awareness of them; and
Whereas: The safety of residents, particularly of children, needs to be a
prime factor when considering traffic control issues; and
Whereas: City policies need to be proactive and should never require a
tragedy or a near tragedy to trigger action; and
Whereas: This Council wishes to get the city's policy for siting stop signs
on the public record in a manner that allows for full discussion of that
policy;
Now, Therefore, Be It Resolved That:
This Council requests the Department of Public Works to file a report defining
its policy for the siting of stop signs within the City of Buffalo; and
Be It Further Resolved That:
This Council also requests the Buffalo Police Traffic Division and the regional
office of the NYSDOT to file reports outlining their views of how to integrate
neighborhood concerns and perceptions of safety into the stop sign siting
process.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS THE
COMMISSIONER OF POLICE, AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
No. 227
By: Mr. Zuchlewski
Explore Re-establishing Local Building Codes for City of Buffalo
Whereas: Prior to the 1980's, the city of Buffalo had its own building
codes, an independent policy forsaken in order to qualify for state aid; and
Whereas: In adopting New York State's building codes, the city, in some
cases, requires adherence to more stringent regulations than other areas which
retain local codes; and
Whereas: A number of concerns have been expressed that the stringent
building codes result in unnecessary and expensive mandates when renovating
some of Buffalo's older buildings, particularly the smaller, four and five
story structures, often making it cost prohibitive to undertake renovation
above the first floor; and
Whereas: At present, any request for waiver or variance in building codes
requires approval by the state; and
Whereas: Modifications to the building codes which would return some degree
of independence for the City of Buffalo is an option worth exploring,
particularly when considering the age of many of Buffalo's buildings-, and
Whereas: The potential benefits of returning renovated buildings to the tax
rolls, maintaining significant architectural structures, and establishing the
types of mixed use buildings which contribute to the creation of a community
may be more important to the city's future than strictly adhering to the State
Codes;
Now, Therefore, Be It Resolved:
That this Common Council request that the Department of Administration and
Finance file a report detailing the amount of state aid received by the city as
a direct result of the usage of New York State Building Codes and also
commenting on the feasibility of the City adopting its own codes; and
Be it Further Resolved:
That the Departments of Neighborhoods, Housing, and Inspections, Community
Development, Public Works, and Fire comment on potential modification in
Building Codes; and
Be it Further Resolved:
That the Corporation Counsel provide an opinion on the process required to
implement changes in the building codes used by the City of Buffalo; and
Be it Finally Resolved:
That these responses be filed with this Common Council prior to the filing
deadline of 2 PM on Thursday, February 29, 1996.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 228
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:
Jayne Griffin
Linda M. Reeves
ADOPTED.
No. 229
By: Mr. Zuchlewski
Appointments Commissioner of Deeds Required-Performance of Public
Duties
That the following persons are hereby appointed as Commissioner
for 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:
Thomas P. Carier
Ronald I. Katz
Marcia A. Ziomek
Nina Lee Jok
Carol R. Johnston
Christine A. Trojan
Shirley P. Gorski
Sandra L. Maciejewski
Karen E. Mahony
Mildred Zaccagnino
Craig D. Hannah
Joseph S. Sperrazza
Mary C. Donohue
ADOPTED.
UNFINISHED BUSINESS
No. 230
Bond Res. - $3,000,000 - Marine Midland Arena
(Item 171, C.C.P., Feb. 6, 1996)
Mrs. Lotempio moved that the above item be taken from the table.
Seconded by Mrs. Gray.
CARRIED.
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES- 13 NOES- 0.
No. 231
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 Tues., Feb. 27, 1996-9:30 a.m.
Finance Tues., Feb. 27, 1996-following Civil Serv.
Legislation Tues., Feb. 27, 1996-2:00 p.m.
Comm. Dev. Wed., Feb. 28, 1996-10:00 a.m.
Education Wed., Feb. 28, 1996 following Com. Dev.
AncillaryCommittees
Special Finance meeting Feb. 23, 1996 at 9:30 a.m. Rm 1417
No. 232
Adjournment
On a motion by Mrs. LoTempio, second by Mr. Czajka the Council
adjourned at 4:15 p.m.
Charles L. Michaux, III
City Clerk
Board of Police and Fire Pension Proceedings #2
Mayor's Office - 201 City Hall
February 22, 1996
Present: James W. Pitts, Council President; Anthony M. Masiello,
Mayor; Joel Giambra, Comptroller-3
Absent: None
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of February 1996 amounting to $27,062.42, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-3. Noes-0.
No. 2
The following annuitant has been canceled from the Fire Pension
Payroll:
Mary O'Mara Died 1/29/96
Received and Filed
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of February 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-3. Noes-0.
No. 4
On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.