HomeMy WebLinkAbout96-1112
1No. 21
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 12, 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, November 12, 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 October 1, 1996 were approved.
FROM THE MAYOR
No. 1
Appointment of Members
Buffalo Arts Commission
Pursuant to the powers vested in me by Chapter 6, Article V, Section
6-30 of the Buffalo Code, I hereby appoint the below listed persons as members
of the Buffalo Arts Commission:
Keith Crippen
140 Linwood Avenue - Apt. D-4
Buffalo, New York 14209
Cheryl A. Brutvan
P.O. Box 454
Buffalo, New York 14207-0454
Ann Marie Jenczka-Caldiero
151 Tuscarora Road
Buffalo, New York 14220
Olga Aleksiewicz Lownie
67 Lexington Avenue
Buffalo, New York 14222
The above named individuals will replace William J. Magavern II, Nan Clarkson,
Walter Prochownik and Alfred D. Price.
Keith A. Crippen is Vice President Creative Director for Wolf Mansfield Bolling
Advertising, Inc. He graduated magna cum laude from Medaille College and holds
a Bachelor of Science in Media Communications.
Cheryl A. Brutvan is Senior Curator for the Albright-Knox Art Gallery. She
attended Williams College, Williamstown, Massachusetts and holds a M.A., Art
History.
Ann Marie Jenczka-Caldiero teaches at Ballet Arts of Buffalo and The David
DeMaric Dance Studio. She is also on faculty at Nardin Academy in the high
school division teaching dance. Ms. Jenczka-Caldiero attended Mercyhurst
College and holds a B.A. in Dance.
Olga Aleksiewiez Lownie is a Community Arts Consultant/Teacher and attended
State University College at Buffalo and holds a Bachelor of Science in Art
Education.
I hereby appoint Margaret Roblin to serve as Chairperson.
Based upon the qualifications stated, I hereby certify that the above named
individuals are fully qualified to serve on the Buffalo Arts Commission.
RECEIVED AND FILED.
No. 2
Appointment of Members
Emergency Medical Services Board
Pursuant to the powers vested in me by Section 6 of the City of
Buffalo, I hereby appoint the below listed persons to the Buffalo Emergency
Medical Services Board:
G. Richard Braen, M.D., 29 Rumsey Lane, Buffalo, NY 14209
Dr. Richard Braen is Professor and Chairman of the Department of Emergency
Medicine at Buffalo General Hospital. Dr. Braen is replacing Calvin G. Worthy.
His term will expire June 30, 1998.
Judith A. Shanley, 32 Summit Avenue, Buffalo, NY 14214
Ms. Shanley is Director of Health Care Delivery Systems of Independent Health
Association, Inc. Ms. Shanley is replacing Fr. John Gaglione. Her term will
expire February 28, 1999.
Casimier T. Czamara, 941 Amherst Street, Buffalo, NY 14216
Mr. Czamara served as Administrator at the Niagara Geriatric Center. Mr.
Czamara is replacing Louis J. Billittier. His term will expire June 1, 1997.
I hereby certify that the above named individuals are fully qualified to serve
as members of the Buffalo Emergency Medical Services Board.
RECEIVED AND FILED.
No. 3
Buffalo Disaster Preparedness
I hereby appoint the following persons to roles involving emergencies
and disasters, in concordance with the City of Buffalo Disaster Control Plan:
Stephen T. Banko III, Director of Communications, as Coordinator of Emergency
Services
John W. Sniderhan, Deputy Fire Commissioner, as Disaster Coordinator.
Mrs. LoTempio moved:
That the communication from the Mayor, dated October 23, 1996, be received and
filed; and
That the appointments of Stephen T. Banko, III, Director of Communications, as
Coordinator of Emergency Services and John W. Sniderhan, Deputy Fire
Commissioner, as Disaster Coordinator, for the City of Buffalo Disaster Control
Plan, be and they hereby are confirmed.
ADOPTED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 4
Ganco Inc.
Request to Erect Pagoda
32 Fuhrmann Blvd.
Item No. 151, C.C.P., 9/3/96
The City Planning Board at its regular meeting held Wednesday,
November 6, 1996 considered the matter referenced above pursuant to Section
511-67 of the Buffalo Code, the Buffalo River Coastal Review District.
The Planning Board voted to receive and file the item after being requested to
do so by the applicant's attorney. The Board noted that the proposed pagoda
has been built but has not been located along the river as intended by the
applicant. If the applicant seeks to erect the proposed pagoda, he should
resubmit an application for a restricted use permit pursuant to the provisions
of the Buffalo Code.
RECEIVED AND FILED.
No. 5
Benderson Development
Request to Erect Two Ground Signs
2656 Delaware Avenue and 2141 Elmwood Avenue
Item No. 88, C.C.P., 10/29/96
The City Planning Board at its regular meeting held Wednesday,
November 6, 1996 considered the matter referenced above pursuant to Section
387-19 of the Buffalo Code, the Review of Ground Signs.
The applicant seeks to erect two accessory ground signs at the entrances to a
retail complex which is cited on a through lot between Elmwood and Delaware
Avenues.
The site is located within an M1 zone which permits such signs and under SEQR,
the proposed signs may be considered a Type II action which does not require
further environmental review.
The Planning Board voted to approve the proposed signs with the following
conditions:
1) that each sign is located in a landscaped base with appropriate vegetative
elements, and
2) that the sign base located on the corner of Delaware and Hinman Avenues is
inscribed with the message 'Welcome to Buffalo,.
RECEIVED AND FILED.
No. 6
Sale of City-owned Waterfront Property
Item No. 190, C.C.P., 10/29/96
The City Planning Board at its regular meeting held Tuesday, November
6, 1996 considered the matter referenced above pursuant to Section 317.1 of the
City Charter, Common Council Requests.
Councilmember Kavanaugh proposes to adopt a policy which as a condition of sale
for any city-owned waterfront land would require the city to hold title or
retain an easement to a 100-foot wide strip of land beginning at the water's
edge. The Councilmember's resolution continues by stating that in cases
involving water dependent uses, such as marinas, the city shall determine the
means for providing access to the shoreline.
While the Planning Board recognizes the need to develop the city's waterfront
assets, it feels that it would be premature to set such a policy prior to the
adoption of the federally mandated L.W.R.P.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE MAYOR'S ADVOCACY OFFICE
FOR PERSONS WITH DISABILITIES
No. 7
Status of Class Action Suit
Against Arena Designers
Res. 185, C.C.P., October 29, 1996
In response to your letter dated October 31, 1996, I have reviewed
my office's participation in the construction of the Marine Midland Arena.
A request for an advisory committee regarding the special requirements of the
Americans with Disabilities Act was made during the previous administration.
My office in conjunction with the Eastern Paralyzed Veterans Association and
other community agencies discussed many potential problems with the architects
and the Sabres Organization before construction began. The final product,
known as Marine Midland Arena, still falls short of being in total compliance
the Americans with Disabilities Act Accessibility Guidelines. I have copies of
all correspondence I have had with the various parties.
We must now work diligently to insure that the arena meets both the spirit and
letter of the law. The Advisory committee for persons with disabilities, that
currently exists, should continue to advise the management of the arena. While
it is true that the arena cannot be reconstructed, a solution to minimize the
existing problems must be found. Encouraging full cooperation between the
various parties would go far in reducing culpability in any future action and
make the arena a more user friendly place to all citizens of Buffalo and Erie
County.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE
SPECIAL EVENTS COMMITTEE
No. 8
Special Events
The Special Events Advisory Committee has been established, pursuant
to 414-3, Item No. 223, C.C.P. 2/20/96, and in the Committee's almost one year
in operation we have run into several issues that we respectfully request that
this Honorable Body consider addressing in order to enable the Committee to
perform its functions better and to improve the City's services in assisting
event sponsors in boiling their special events.
First, the Code of the City of Buffalo provides that only this Honorable Body
can permit the erection of tents in a City park or open space. Code of the
City of Buffalo 309-36 ("Code"). For special events, this provision is
inconsistent with the idea that the Special Events Advisory Committee initially
sets forth all conditions for special events, including those in City parks.
Code 414-3(E)(2). The Committee includes representatives of the Department of
Fire (which includes the Bureau of Fire Prevention) and the Department of Human
Services, Parks, and Recreation. Each of these departments has some regulatory
authority over the issue of tent erection in City parks. The Bureau of Fire
Prevention issues permits for the erection, use or occupation of tents. Code
263-21. The Department of Human Services, Parks, and Recreation sets out the
regulations for use of City parks, Code 309-29, and, but for Section 309-36,
would dictate the terms for permission to allow tents in the parks. This year
the sponsors for two events within City parks requested to erect tents. The
Committee had to draft resolutions for this Honorable Body to approve tent
erections. Such resolutions will continue to be necessary unless Section
309-36 is amended to authorize the Committee to allow tent erections in parks
during special events pursuant to the terms and conditions set forth by the
Committee (including input from the affected departments). The Committee
recommends that this Honorable Body amend Section 309-36 and vest authority in
the Special Events Advisory Committee to establish whether tents should be
erected in parks and open spaces for special events and the conditions for
their erection.
Second, the Bureau of Fire Prevention charges a tent permit fee of $25.00, but
it is not clear that there is a Code provision to support the fee. There is no
fee provision in Chapter 175 under Section 263-21 for a tent permit fee. The
only possible basis is the fee pursuant to Section 103-24 for "certification or
authentication of any report or record on file with the Bureau of Fire
Prevention," which is a $25 fee. It is not clear, however, that issuing a
permit constitutes certification of a report or record with the Bureau.
Therefore, the Committee recommends the amendment of Chapter 175, Fees, to
expressly provide for the $25.00 tent permit fee as currently charged by the
Bureau of Fire Prevention under Section 263-21.
Third, the Committee learned from the Buffalo Emergency Medical Services Board
that unlicensed ambulance service leave been used by sponsors of special events
to provide emergency medical and ambulatory services at their events. Code
Section 72-3 requires persons engaged in ambulance service business
transporting patients from a location within the City to any other location to
have a license to so operate in the City. The special events ordinance,
however, merely requires the sponsor provide emergency medical service area or
areas as needed, meeting New York State Department of Health guidelines. Code
414- 10(E)(2). New York State regulations do not require that ambulatory
services at a public gathering also be locally licensed. To avoid the problem
of sponsors in the future unwittingly contracting with non-licensed ambulance
services, the Committee recommends amending the special events ordinance to
expressly provide that either the ambulance service or the subcontractor of the
emergency medical services providing ambulatory services be licensed to operate
in the City.
Fourth, parades, motorcades and road races generally fall outside of the
definition of a "special event," Code 414-2, in particular the number of
participants to be covered by the special event security fee are below the
defined threshold of 3,000 participants. Races in particular are costly for
the City to furnish services, primarily in police and traffic control overtime.
Yet, there is no race or parade permit fee. The Committee recommends that a
nominal race or parade permit fee be established to, in part, cover the City's
costs in serving these events. Other fees may be necessary to recapture the
City's costs in providing specific services at special events, for example the
cost for the Department of Public Works or the Department of Fire to erect and
dismantle banners for event sponsors, rental of City barricades or snowfencing,
use of park facilities including playing fields. An alternative to these
additional service-specific fees could be a nominal processing fee for all
special events applications, including those events that fall below the
participant numbers for the special events definition. This omnibus fee will
acknowledge a portion of the costs to the City for holding special events.
These proposed changes will greatly assist the Committee and its representative
departments in providing improved, cost-effective services to special event
sponsors.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
FROM THE BOARD OF ETHICS
No. 9
Bd. of Ethics Meeting Minutes
The meeting was called to order at 8:53 a.m. by Judge Roberts.
The list of non-filers for 1996 were discussed and Charlie's office was asked
to prepare and mail letters to all these individuals giving them until November
9, 1996 to file. If these individuals do not file by that time a second notice
will go out notifying them of a hearing date. The Mayor is going to be
forwarded a list of these non-filers and copies of the letters mailed to them.
The 1997 Annual Statement was revised with some additions and deletions to
reflect changes that have been made.
An invitation is going to be extended to the Mayor for him or his
representative to attend the next Ethics meeting which will be held on December
2, 1996. The board is requesting that the Mayor designate someone from his
office to distribute the 1997 Annual Statement to all the board members.
Hon. Roberts made a motion to adjourn at 9:45.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 10
Report of Audit
Department of Human Services, Parks and Recreation- Golf Course Revenues
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Human Services, Parks and Recreation, Golf Course Revenues, audit report for
the period May 1, 1995 to September 30, 1996.
An analysis of 1996 revenues revealed consistent monthly decreases when
compared to 1995 for the South Park Course.
Our review of the records of the South Park Golf Course revealed shortages
totaling $107.00 for the dates 8/6, 10/2 and 10/12/96.
The above shortages directly involved one single employee performing cashier
duties.
We noted an absence of a satisfactory system of internal controls over the
collection of golf fees.
We recommend the Audit Division assist the department to develop a satisfactory
system of internal controls over the receipt of golf fees.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS
AND RECREATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 11
Erie County's Plan for City Assistance and Fiscal Reform
Item No. 79, C.C.P., 10/29/96
In my opinion, the "Comprehensive Plan for City Assistance and
Fiscal Reform" presented by County executive Gorski is a laudable effort for
which the County Executive and his staff should be commended. This sort of
City/County cooperation and dialogue is absolutely crucial for the future
fiscal stability of the City and, indeed, Erie County.
However, upon initial review of the "Plan" my staff discovered several
inaccuracies and invalid assumptions regarding the operations of the Department
of Audit & Control with respect to the accounting, audit and data processing
functions. The majority of these inaccuracies concern staffing levels and the
performance of various functions within the Divisions of Accounting, Audit and
Data Processing. My staff and I are available to explain these inaccuracies at
an appropriate Committee meeting as well as to discuss any potential merits of
the County Executive's "Plan".
I am on record favoring the implementation of comprehensive merger of City and
County governments and accurate information is essential to that goal.
For your information, the Department of Audit & Control has experienced 34
position cuts in staffing since fiscal year 1991-92 totaling more than $1.2
million in salaries and fringe benefits.
REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS.
No. 12
Result of Negotiations
744 Glenwood, 355.10' E Fillmore
Lot Size: 30' x 113'
Assessed Valuation: $2,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Nellie Tillman, residing at 742 Glenwood Avenue, Buffalo,
New York 14211, to purchase the above captioned property. She intends to
acquire the property and use as additional yard space.
The Department of Community Development and the Division of Collections have
been contacted and there are no objections to the sale. There are no
outstanding building code violations, taxes or other liens owed to City by the
purchaser.
An independent appraisal of the property was conducted by Mr. Robert E. Jones,
Jones Appraisal & Financial Services, Inc., 1325 Kensington Avenue, Buffalo,
New York 14215. He has estimated the fair market value of the property to be
Five Hundred Dollars ($500.00). This represents approximately Fifteen Cents
(.15) 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 Ten Cents (.10) a square foot to Twenty-Five Cents (.25) a square foot.
The Division of Real Estate concurs with the appraiser's estimate of value.
The results of our negotiations are that Ms. Nellie Tillman has agreed and is
prepared to pay Five Hundred Dollars ($500.00) 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 sale of 744 Glenwood
Avenue to Ms. Nellie Tillman in the amount of Five Hundred Dollars ($500.00). 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. 13
Result of Negotiations
37 Lang, 355' E Bailey
Vacant Lot: 30' x 115'
Assessed Valuation: $4,100
The Comptroller's Office, Division of Real Estate, has received
a request from Gladys G. Herndon residing at 41 Lang Street, Buffalo, New York
14202, to purchase the above captioned property. She intends to use this
property for additional yard space, which is adjacent to her home at 41 Lang.
The Department of Community Development and the Division of Collections have
been contacted and they have no objections to the sale. There are no code
violations, demolition liens, taxes, or other liens owed to the City of Buffalo
by the purchaser.
An independent appraisal of the property was conducted by Jones Appraisal and
Financial Services, 1325 Kensington Avenue, Buffalo, New York 14215. They have
estimated the fair market value of the property to be Seven Hundred and Fifty
Dollars ($750.00). The Division of Real Estate has investigated the sales of
similar properties in the area. Sale prices range from Twenty Cents (.20) a
square foot to Twenty-Seven Cents (.27) a square foot.
The results of our negotiations is that Ms. Gladys Herndon has agreed and is
prepared to pay Seven Hundred and Fifty Dollars ($750.00) for the subject
property. This represents approximately Twenty-Two Cents (.22) a square foot
offer. 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 sale of 37 Lang Street
to Ms. Gladys G. Herndon in the amount of Seven Hundred and Fifty Dollars
($750.00) 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. 14
Result of Negotiations
117 Verplanck, 154.73' N Woodlawn
Single House 30' x 100'
Assessed Valuation:
Land: $1,500
Total: $13,400
The Office of the Comptroller, Division of Real Estate, has received
a request from Cold Spring Church of God in Christ Jesus, 107 Verplanck,
Buffalo, New York 14208, to purchase the above captioned property. They intend
to demolish the improved structure and use the vacant lot for church expansion
and parking area.
The Division of Collections have been contacted and they have no objection to
the sale. There are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by Mr. Thomas Evege,
Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated
the fair market value of the property to be One Thousand Dollars ($1,000).
This represents approximately Thirty-Three Cents (.33) a square foot for the
subject property. The Division of Real Estate concurs with the appraiser's
estimate of value.
The results of our negotiations are that Geraldine V. Harris, Chairperson of
Trustees, Cold Spring Church of God in Christ Jesus, has agreed and is prepared
to pay One Thousand Dollars ($1,000.00) for the subject property. They have
also agreed to pay for the cost of the appraisal, recording fees, transfer tax
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 117 Verplanck to
Cold Spring Church of God in Christ Jesus in the amount of One Thousand Dollars
($1,000). 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 COMMITTEE ON FINANCE.
No. 15
Result of Negotiations
110 Welker, 97.17' N Woodlawn
Double House 30' x 100'
Assessed Valuation:
Land: $1,500
Total: $17,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Cold Spring Church of God in Christ Jesus, 110 Welker, Buffalo,
New York 14208, to purchase the above captioned property. They intend to
demolish the improved structure and use the vacant lot for church expansion and
parking area.
The Division of Collections have been contacted and they have no objection to
the sale. There are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by Mr. Thomas Evege,
Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has estimated
the fair market value of the property to be One Thousand Dollars ($1,000).
This represents approximately Thirty-Three Cents (.33) a square foot for the
subject property. The Division of Real Estate concurs with the appraiser's
estimate of value.
The results of our negotiations are that Geraldine V. Harris, Chairperson of
Trustees, Cold Spring Church of God in Christ Jesus, has agreed and is prepared
to pay One Thousand Dollars ($1,000.00) for the subject property. They have
also agreed to pay for the cost of the appraisal, recording fees, transfer tax
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 110 Welker to
Cold Spring Church of God in Christ Jesus in the amount of One Thousand Dollars
($1,000). 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 COMMITTEE ON FINANCE.
No. 16
Common Council's Request To Discuss City's Solvency
I gratefully accept the Common Council's request for me to report
on the City of Buffalo's present "solvency."
I hope that you would find it appropriate to schedule my report to the Council
in the evening hours of a week day, so that taxpayers, elected officials from
other bodies and the public at large may have a good opportunity to hear and
see our presentation.
I pledge the assistance and cooperation of my office in whatever way may be
helpful to the Council in scheduling a public session devoted to reviewing the
fiscal challenges facing our City.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESIDENT OF THE COUNCIL
No. 17
Appointment of Members to Special Committee
Emergency Medical Services Board
I hereby appoint Councilmembers Brown, Czajka, Helfer, Lockwood,
LoTempio and Zuchlewski to a Special Committee to work with the Emergency
Medical Services Board regarding the 30 day period to reach an agreement for
the Ambulance Zone Allocation between Rural-Metro and Twin Cities Ambulance.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 18
Certiorari Proceedings
Aim Corrugated Container Corp.
34 Manitoba Fiscal Year 1996-97
This is to advise that the owner, Aim Corrugated Container Corp.,
instituted certiorari proceedings on 34 Manitoba, Buffalo, New York, regarding
the assessment for the fiscal year 1996-97.
The assessment was reviewed by this department and the owner expressed a
willingness to settle the proceedings.
The final assessment for 1996-97 was $699,000. The owner is agreeable to a
settlement which would result in a reduction to $400,000 for the year in
question. The owner has agreed to waive any refund due for the first half of
1996-97 taxes. A revised bill would be sent for the second half. Moreover, Aim
Corrugated Container Corp. has agreed to drop certiorari proceedings on the
property for previous years.
Based on a review of the current market value of the property, I believe this
settlement to be in the best interest of the City. I recommend, therefore,
this settlement, in which the Department of Law concurs.
I hereby request that the Corporation Counsel be authorized to settle the
1996-97 tax certiorari proceeding on 34 Manitoba by reducing the assessment
from $699,000 to $400,000.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Permission to Prepare Plans & Specifications and Advertise Construction of Curb
& Sidewalk
Elmwood Avenue - West Delavan to North Street
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Construction
of Curbs and Sidewalk on Elmwood Avenue from West Delavan to North Street.
This project will include the reconstruction of curbing and sidewalk.
This project was approved as part of the 1996-1997 Capital Improvements Budget.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated October 29,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans, specifications and advertise for sealed proposals for the
Construction of Curbs and Sidewalk on Elmwood Avenue from West Delavan to North
Street. Funds for this project were approved as part of the 1996-97 Capital
Improvements Budget.
PASSED
AYES - 13 NOES - 0
No. 20
Report of Bids
Roof Reconstruction
Mechanical Services Building
1326 Seneca Street
I advertised for on October 22, 1996 and received the following
sealed proposals which were publicly opened and read on November 6, 1996.
Alternate #1
All Weather$43,441.00$5,000.00
Jameson Roofing $53,919.00 $2,000.00
Nichter Constr. $64,000.00 $4,000.00
Jos. A. Sanders $66,768.00 $2,288.00
Progressive$125,600.00---
Alternate #1 is to provide protection for the 1996-97 winter season to keep the
garage waterproof so work can begin in the spring.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that All Weather, in the amount of Forty Three Thousand Four
Hundred Forty One and 00/1 00 Dollars ($43,441.00), add Alternate #1 in the
amount of Five Thousand and 00/100 ($5,000.00), for a total of Forty Eight
Thousand Four Hundred Forty One and 00/100 ($48,441. 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
available in CPF 200-402-017 - Division of Buildings.
Estimate for this work was $50,000.00.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated November 7,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Roof Reconstruction Mechanical Services Building, 1326 Seneca
Street, to All Weather, the lowest responsible bidder in the amount of $43,44
1.000, add Alternate #1 in the amount of $5,000.00 for a total of $48,441.00.
Funds for this project are available in CPF 200-402-017 - Division of
Buildings.
PASSED
AYES - 13 NOES - 0
No. 21
Report of Bids For the Michigan Avenue Lift Bridge Electrical Construction
Contract
Item No. 51, C.C.P., 7/26/94
As authorized and directed by your Honorable Body in Item No.
5 1, C.C.P. 7/26/94, 1 have advertised and received bids on November 4, 1996
for the Michigan Avenue Lift Bridge Electrical Construction Contract.
In obtaining bids for the above project, I have asked for bids on a unit price
basis covering the various items of work and materials which will be performed.
The cost of the work will be based on the actual measured quantities of
material entering into the work and may be more or less than the total bid.
The following bids were received:
Unit Price
ContractorBase BidIncrease
(Base +10%)
Ferguson Electric $569,000.00 $625,900.00
Frey Electric $617,000.00 $678,700.00
I hereby certify that the lowest responsible bidder for the above project is
Ferguson Electric Construction Company, Inc., and I respectfully recommend that
your Honorable Body order the work and the cost thereof to be charged to the
Division of Engineering Bond Fund which will be identified by the Comptroller
when these funds become available. The amount shall be $569,000.00, plus
approved unit prices for an additional amount of $56,900.00 for a total
encumbrance of $625,900.00.
The engineers estimate for this work is $600,000.00. The above is certified to
be a true and correct statement of the bids received. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Change in Contract
City Court
ADA Compliance
I hereby submit to Your Honorable Body the following changes for
the City Court ADA Compliance, Gerald T. Stay Co. - C #91848300.
1. Omit three (3) door operators and required floor bolting.
Deduct $3,300.00
2. Install 3/4 hour rated metal door frames in lieu of wood frames as detailed.
Deduct $304.09
The foregoing change results in a net decrease in the contract of Three
Thousand Six Hundred Four and 09/100 Dollars ($3,604.09).
Summary:
Original Amount of Contract $156,000.00
Change Order #1, CCP 07/23/96; item 40 Add 17,714.88
Amount of This Change (No. 2) Deduct 3,604.09
Revised Amount of Contract $170,110.79
Second bidder was Amherst Construction in the amount of $165,267.00.
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 available in B/F
200402-062 - 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 October 30,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue
change order No. 2 to Gerald T. Stay Co., changes resulting in a net decrease
in the amount of $3,604.09, as more fully described in the above communication,
for work relating to City Court ADA Compliance, C #91848300. Funds for this
project are to be charged to B/F 200-402-062, Division of Buildings.
PASSED
AYES - 13 NOES - 0
No. 23
Change in Contract
Expansion of Police Pct #13
General Contract Work
I hereby submit to Your Honorable Body the following changes for
the Expansion of Police Pct. #13, General Contract Work, C. Nichter, Inc. - C
#91850400.
1. Pile length adjustments due to actual rock locations and light standard
foundation changes.
Add $9,135.31
2. Provide precast shower bases.
Add $4,115.85
The foregoing change results in a net increase in the contract of Thirteen
Thousand Two Hundred Fifty One and 16/1 00 Dollars ($13,251.16).
Summary:
Original Amount of Contract $1,490,000.00
Change Order #1, CCP 09/03/96; item #39 Add 57,560.95
Amount of This Change (No. 2) Add 13,251.16
Revised Amount of Contract $1,560,812.11
Second bidder was Concept Construction in the amount of $1,532,000.00.
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 available in B/F
200402-013 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Handicap Ramp
738 Seneca Street - In R.O.W.
Mr. Mike Alessi, of Marine Midland Bank, located at 738 Seneca
Street, has requested permission to install a handicap ramp within City
right-of-way at said address.
The proposed ramp would be located on the Emslie Street side of the property,
measure 14 feet in length and project a maximum of 5 feet from the building
face into City right-of-way.
The Department of Public Works has reviewed Mr. Alessi's request pursuant to
Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for said installation provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the ramp he constructed so as not to be permanent in nature.
4. That the applicant supply the Department of Public Works with a five
thousand dollar construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said ramp.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 25
Additional Information - Replace Tree-Damaged Sidewalks
Item No. 32, C.C.P., 10/29/96
The referenced item was reported bids from this department to
issue a contract for the repair of sidewalks damaged by tree roots. I
understand the Council has requested a listing of locations. The list is
broken up by Councilmanic Districts. The right column lists those locations
where we have received citizen notification; the left column are locations we
have received from City Clerk. We will also compare our lists %With the list
established by the City Forester. The $350,000 that we would expect to spend
under the current contract will only cover approximately 1/3 of the reported
locations. We will start with those locations which have been formally filed
with the City Clerk. I would expect that in order to keep up with the amount
of complaints that we are receiving, we would need approximately $800,000 per
year.
RECEIVED AND FILED.
No. 26
Canadiana Funding
Item No. 75, C.C.P., 10/29/96
I have been asked to comment on Mr. Floyd Baker's letter of October
24, 1996 to the Common Council. I discussed this situation with Mr. Robert
Russell, the Regional Director of the State Department of Transportation. Mr.
Russell indicates that a project must be either on the National Register of
Historic Places or eligible for inclusion. The application which was filed
indicated that the Canadiana was listed, but in actuality it is not listed nor
eligible. I think that Mr. Russell's action was appropriate and proper.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
Water & Sewer Collections
Item No. 198, C.C.P., 10/29/96
The referenced resolution sponsored by Councilmember Quintana
asked for a report from this office on our collections and on a possible merger
between the Buffalo Sewer Authority and the Division of Water. First of all,
the resolution indicates that the Comptroller's report claims that the Division
of Water is owed $11.5 million. This is not correct. As of October 31, 1996,
the outstanding arrears owed to the Division of Water is $6.1 million. The
resolution also states that collection efforts have been "helter skelter"
before recent changes were implemented by the Collections Office. This is also
not totally correct. The recent aggressive collection efforts have been
accomplished through a combination of the efforts of the Buffalo Water Board,
the Division of Water, a private collection company and the Collections Office.
Within the past year, the Collections Office with the assistance of personnel
from the Division of Water collected $3.1 million of arrears. After that
process was completed, the Water Board contracted with Amana Capital
Corporation for collection service. In a three-month period to date, Amana has
collected an additional $3 million of arrears. Amana has also brought
resolution to additional $2 million in arrears. We are still working on
identifying the $6.1 million that still remains in arrears. It is our initial
findings that much of this is uncollected and is owed on such accounts as
properties that have been abandoned and title to the City in REM.
As concerns the merger of the Buffalo Sewer Authority and the Division of
Water, the Comptroller has indicated that $1 million could be saved by this
consolidation. I have not seen any report to indicate where the savings would
come from. I think that the estimate is overly optimistic, although I am sure
some savings would be realized should a consolidation be accomplished. What is
of concern to me, however, is what effects a consolidation might have on the
operating efficiency of each agency. Previous discussions with the
Comptroller, both myself and members of the Buffalo Sewer Authority, have
suggested that an additional technical operating study be done to determine
what efficiencies or deficiencies might develop from a merger.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Reply To Audit - Division of Water
Item No. 9, C.C.P., 10-15-96
I have been asked to provide comments on the Comptroller audit
of the Division of Water.
The Audit contains three main recommendations. The Comptroller recommends that
serious considerations be given to the merging of the Buffalo Sewer Authority
with the Division of Water. The Comptroller states that the merger could save
up to $1 million per year. To date, I have not seen anything to substantiate
that claim. I suggest that if we wish to seriously examine a merger, that we
commission a study that would look at where consolidations can be made and to
also look at the technical feasibility of such a merger. I would estimate this
study to cost approximately $ 100,000 and would be willing to fund one-half the
cost if the Sewer Authority would provide the other half This is the only way
we could judge if the merger makes sense both financially and operationally.
Concurrently, our RFP's for contract operations of the water system, will ask
the proposers to file their suggested operational plan should the two
organizations be merged.
The Audit also points out that the Division of Water has nearly $13 million in
outstanding arrears. This figure is not accurate. As of November 1, 1996, the
total outstanding receivable due to the Water Division is $6.1 million. What
it is very perplexing in that the Comptroller, through his collection division,
is responsible for the collection of outstanding debts.
The Mayor has directed that the Division of Water work closely with the
Collection Division to collect whatever outstanding receivable possible. To
that end, 23,844 notices were sent to owners of property who had outstanding
accounts. Based on this effort $3.1 million was collected. The Buffalo Water
Board also approved the use of Ammana Capital to assist in the collection
process. To date Ammana has collected $3 million, and has provide resolution
to an additional $2 million in arrears. We will continue to work with the
Comptroller, and the Buffalo Water Board to collect as many outstanding
accounts as possible.
I must take umbrage with the Comptroller statement that there is a lack of
direction and supervision in the division. It is true, that in an effort to
keep water rates as low as possible, the position of Director of Water is
vacant and unfunded. Direction of the division however comes directly from the
Commissioner of Public Works. I meet often with our supervisory staff and I
have complete confidence in our supervisors' ability to direct their functions
within the established policy. The report suggests that the Water Board should
become more involved with the day to day operations of the division by meeting
frequently with division heads. This shows a complete misunderstanding of the
three party agreement which created the Board and the Finance Authority. Under
that agreement, the Board contracts with the City for the operation of the
system. The Board was not intended to be involved in the daily operations of
the division.
The Audit report does contain some constructive recommendations which have
already been implemented or are in the process of being implemented, however
some of the recommendations reflect a lack of understanding of the divisions
operations and its relationship to other departments, the Board, and the
Authority.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Waive Permit Fees for the Convention Center
Item No. 88, C.C.P., 10/15/96
This is an informational response to Item #88 of October 15, 1996.
With reference to permits for the Convention Center, as this building had been
operated and maintained by the City of Buffalo, no permits were issued for
events held at this facility. Issuance of permits and the collection of fees
would have been redundant as the City "would be paying itself".
However, as the Convention Center is no longer operated and/or maintained by
City forces, permits must now be issued an fees collected in accordance with
the City Charter. Therefore, based on the information supplied in the
aforementioned item, the permit and fees required would be as follows:
1) Closure of Mohawk between Pearl and Main Streets
Permit needed: Street Obstruction
Fee: $0.35 per linear foot of closure
Duration of Permit: 1 month
Estimated total permit fee $35.00
(approx. 100' of closure)
2) Closure of "metered" parking area along Pearl by Convention Center
Permit needed: Street Obstruction
Fee: $0.35 per linear foot of closure
Duration of permit 1 month
Estimated total permit fee: $122.50
(approx. 350' of closure)
It should also be noted that whenever a metered parking space is blocked, the
"lost' meter revenue must be included with the above fees. This "lost meter"
fee is calculated in this area at a rate of $8.00 per meter per day.
The Mohawk closure does not involve parking meters and has no additional cost.
The Pearl Street closure covers 18 metered parking spaces, which adds $144.00
to the permit fee per day of closure.
Therefore, for the Convention Center to close the above on-street areas for one
(1) day, the estimated total permit fee would be $301.50.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Certificate of Appointment
Appointment Effective November 1, 1996 in the Department of Public
Works, Division of Buildings, Herbert E. Hogue Jr., 140 Breckenridge Street,
Buffalo 14213, to the Position of Senior First Class Stationary Engineer,
Permanent, at the Maximum Starting Salary of $30,728.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 31
Certificate of Appointment
Appointment Effective November 2, 1996 in the Department of Public
Works, Division Of Buildings, Mark J. Fillmore, 155 Harding Road, Buffalo
14220, to the Position of Senior First Class Stationary Engineer, Permanent, at
the Maximum Starting Salary of $30,728.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 32
Checks Received
Item No. 104, C.C.P., 2/2/88
8155-00103990 - C2-91-Z001 $212.50
8155-00103991 - C2-91-Z001 2,273.75
8155-00103981 - C2-91-Z001 425.00
8155-00104054 - C2-91-Z005 1,916.21
8155-00103966 - C2-96-0063 2,871.60
8155-00104046 - C2-96-0073 2,877.96
8155-00104022 - C2-96-0082 384.30
8155-00104036 - C2-96-0083 2,692.80
Total Deposit$13,654.12
The above referenced property has been administratively forfeited by the Drug
Enforcement Administration. (DEA). These checks were received by this
Department and duly deposited in the Trust & Agency Account,
610-200-217-00-300.
RECEIVED AND FILED.
No. 33
Open Police Lt. Positions
Item No. 183, C.C.P., 10/29/96
Attached is my previous response to the Common Council regarding
this issue.
There are eleven (11) unfilled lieutenant positions within the BPD and 91
filled positions. There are nine (9) unfilled sworn positions, excluding
lieutenants.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 34
Number of Police Officers on Leave
Item No. 182, C.C.P., 10/29/96
Currently there are fourteen (14) police officers on LOA. Five
(5) are for medical reasons and one (1) under the Family and Medical Leave Act.
Eight (8) officers are on LOA for personal reasons:
two (2) hold elected office
one (1) is holding a job with Erie County
one (1) is attending the Fire Academy
one (1) is attending SUNY at Albany and will return
three (3) requested LOA for personal and private reasons that I am familiar
with and that were recommended by their Chain-of-Command and it is in the best
interest of the department and the city to grant.
Current LOA are spread across specialized units (Police Community Services),
and patrol districts and shifts. This has little affect on police operations.
LOA for discretionary reasons account for less than .8% of the force. The
only time this would delay a position not being filled is when the department
is at full strength. This does not occur because of retirements. The attrition
rate varies between 2-4%, far below the number affected by LOA.
In the past LOA were granted and extended for many, many years. This resulted
in returning individuals to the department after not having served as a police
officer for a lengthy period of time. It is my position that a LOA will be
granted for only one (1) year and extended for only one (1) additional year
based upon mitigating circumstances.
Lastly, the department will fill vacant police officer positions in the
upcoming recruit academy.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 35
Barrier on Conrail R.O.W.
Item No. 180, C.C.P., 10/29/96
I have been in contact with the staff at Community Development
to work on the problem concerning vandalism to the dental office. I concur
that the solution is for Conrail to adequately maintain their property.
However, the following steps have been taken by the department to also solve
this problem.
The Sheriff's helicopter (with our observer) has been asked to maintain closer
surveillance of this area.
The Chief of Patrol has been directed to increase officer patrols in this area.
During the last budget cycle additional four-wheel drive vehicles were
authorized, these have been purchased and are being assigned to patrol
supervisors. This will enable them to check areas that in the past were not
accessible.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 36
Aid To Law Enforcement Grant
Program Renewal: FY '96/'97
Item No. 173, C.C.P., 9/19/95
The Police Department is respectfully requesting authorization
for the Mayor to renew our Aid To Law Enforcement Grant Program between the
City of Buffalo and the New York State Division of criminal Justice Services
for the period April 1, 1996 through March 31, 1997.
Due to the delay in approval of the State's budget, the State's Division of
Criminal Justice Services has extended and increased our existing 1995/1996
grant award contract to facilitate the continued funding of on-going projects.
Rather than issuing formal contracts, the State will process these renewals as
grant extension/budget increases initially. If they find it necessary to
execute a contract, we will be notified as to the process at a later date. The
extension/increase for the Department's 1996-1997 renewal will provide $652,998
in funding. This funding will allow the Department to continue with the
current Aid To Law Enforcement Grant Program which provides case enhancement
for the arrest and conviction of offenders who commit violent felonies and/or
who otherwise fall under the definition of career criminal (as specified under
the grant) because of their previous criminal history.
For this renewal and as has been our past practice, we are requesting that Your
Honorable Body also authorize the Comptroller to provide for an inter-fund cash
loan in the amount of $61,856.00 as a cash advance for all non-personnel
expenses (which are listed in the attached budget) until such reimbursement is
secured from the State. The loan would then be repaid as the reimbursements
are sent to the City from the State under this grant program.
Since the State is processing the renewal application in this manner, we have
experienced several bureaucratic delays. We are respectfully requesting that
this request for approval be voted upon as quickly as possible. The delayed
budget approvals at the Federal and State levels, beyond the City's control,
have created a pressing situation for the processing of this required
paperwork!
If you have any questions or require further clarification of the above, please
contact Chief Kevin J. Comerford 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 Police Department, dated November 7, 1996, be
received and filed; and
That the Mayor be, and he hereby is, authorized to enter into an agreement with
the New York State Division of Criminal Justice Services for the renewal of Aid
to Law Enforcement Grant Program for the period April 1, 1996 through March 31,
1997. That the Comptroller be, and he hereby is authorized to provide for an
interfund cash loan in the amount of $61,856.00 as a cash advance for all
non-personnel expenses, until such reimbursement is secured from the State.
The loan would then be repaid as the reimbursements are sent to the City from
the State under this grant program.
PASSED
AYES - 13 NOES - 0
No. 37
Personal Service Contract
Employee Assistance Coordinator
Item No. 42, C.C.P., 10/29/96
In response to the request of your honorable body regarding the
personal service contract recently entered into between this department and Ms.
Cynthia Goss and in answer to the questions posed, please be advised as
follows:
1. Ms. Goss does not have malpractice insurance. The personal service
contract, however, does not contain any indemnification provisions that would
make the city liable for her actions. Furthermore, Ms. Goss' activities are of
a referral and training nature and not those of a clinical practitioner.
2. Ms. Goss is not a city resident.
3. The personal service contract does not provide for any services to any other
city departments.
Should any member of your honorable body need or request any additional
information in this regard, please do not hesitate to contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 38
Bill For Legal Services
Garbage Collection User Fee
Attached is a copy of a bill for legal services rendered from
Magavern, Magavern & Grimm in relation to the garbage collection user fee which
the Law Department has paid out of the legal services budget line.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 39
Zambito - 430 Delaware Avenue
Item No. 86, C.C.P., 10/29/96
You have requested a response from the Law Department regarding
the determination that Salvatore A. Zambito, 11 is not entitled to a waiver of
the taxes due on the property known as 430 Delaware Avenue. Mr. Zambito
acquired the property from the City in a special In Rem sale in May 1995.
After Mr. Zambito acquired the property, a former owner sought to have the sale
vacated, alleging that he was not given proper notice of the sale. In August
1995, Judge Mark Perla appointed a receiver for the property while the matter
was decided. Rent was generated by tenants in the property and the receiver
held those funds until the court could determine who was the proper owner.
In December 1995, Judge Perla filed an Order awarding the property to Mr.
Zambito. Once the Law Department received the Order, the deed to the property
was filed. Under the terms of sale, Mr. Zambito took the property "subject to
the liens of all taxes, water bills, and sewer rents levied after the Auction
Date (May 25, 1995)." Mr. Zambito is responsible for any taxes that accrued
after May 25, 1995.
The City could render the taxes void if there were irregularities in the
proceedings that ordered the assessment as set forth in Section 544 of the
Charter of the City of Buffalo.
However, in this instance, there are no such irregularities. The City performed
all of its functions in a proper and timely manner. The taxes levied against
the property on July 1, 1995 were the responsibility of Mr. Zambito pursuant to
the terms of the sale. The time period between the sale and the delivery of
the deed was in no way brought about by impropriety on the part of the City.
Since the City is not at fault and Mr. Zambito had equitable title to the
property in the form of the rents generated, there is no basis to waive the
taxes generated after the sale.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 40
Report of Licenses Issued In September 1996
I am respectfully submitting the enclosed report of licenses issued
in the month of September 1996 by the Division of Inspections, Licenses and
Permits.
RECEIVED AND FILED.
No. 41
Permission to Accept Fund Transfer
Historic Allendale Theater
I respectfully request that Your Honorable Body accept a fund
transfer for the Historic Allendale Theater as follows:
$93,500 (or less) from: CDBG 96-50200
$93,500 (or less) to: C.P.A. 200-717-041
This transfer has already received the authorization of the City of Buffalo
Urban Renewal Agency and is required to fund project construction and
architectural/engineering overages.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
October 22, 1996, be received and filed; and
That the Common Council accept a fund transfer for the Historic Allendale
Theater in the amount of $93,500, as more fully described the above
communication.
PASSED
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 42
Bids - Franczyk Park Barriers
I hereby request permission to take bids for the above project;
and have asked for and received the following bids for Franczyk Park Barriers
on November 6, 1996:
COMPANY BASE BID
Oneida Sales & Service $13,872
Chesley Corporation $15,900
I hereby certify that the foregoing is a true and correct statement of the bids
received. Therefore Oneida Sales & Service, 199 Grider Street, Buffalo, New
York 14215 is the lowest responsible bidder in accordance with the plans &
specifications, in the base bid amount of $13,872.
I recommend that Your Honorable Body authorize the city to order the work on
the basis of the low bid. Funds for this work are available in Bond Fund
Account 200-717-024.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
November 6, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to award a contract for Franczyk Park Barriers, to Oneida Sales & Service, the
lowest responsible bidder in the amount of $13,872.00. Funds for this project
are available in Bond Fund Account 200-717-024.
PASSED
AYES - 13 NOES - 0
No. 43
Cancer Survivors Park
Permission to Hire Consultant
We are requesting permission of Your Honorable Body to hire a
Consultant to develop plans and specifications for the proposed Cancer Survivor
Park at Ellicott & Division Streets. This project is being funded in its
entirety by the R.A. Bloch Cancer Foundation with a Grant to the City of
Buffalo.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
November 1, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to hire a Consultant to develop plans and specifications for the proposed
Cancer Survivor Park at Ellicott and Division Streets. This project is being
funded entirely by the R.A. Bloch Cancer Foundation with a Grant to the City of
Buffalo.
PASSED
AYES - 13 NOES - 0
No. 44
LaSalle Park Master Plan
We are requesting permission of Your Honorable Body to hire a
Consultant to develop a master plan for LaSalle Park and subsequently develop
plans, specifications and estimates for park renovations and improvements.
Funds for this work are available in Bond Fund Account 200-717-023.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
November 1, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to hire a Consultant to develop a master plan for LaSalle Park and subsequently
develop plans, specifications and estimates for park renovations and
improvements. Funds for this project is available in Bond Fund Account
200-717-023.
PASSED
AYES - 13 NOES - 0
No. 45
Change Order
Cost of Demolition - 20 Harwood
Item No. 146, C.C.P., 9/17/96
Our department is requesting Your Honorable Body approve a Change
Order in the amount of $7 '000 00 to cover the cost of the demolition
contractor, Eastwood Industries's removal of a larger section of the
above-referenced structure directly behind the section already demolished, as
reported in CCP Item #146 dated 9/17/96.
The original contract amount was $2,800.00. The Change Order in the amount of
$7,000.00 will bring the total cost of the project to $9,800.00. This Change
Order has been agreed upon by all parties involved.
We, therefore, respectfully request that upon-approval by your Honorable Body,
that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Change in Contract 91853300
Conway Shelter/Concession
General Construction
During the construction of the above project certain items, that
were unforeseen at the time the bids were let, required attention. Therefore,
we recommend that the following changes be made to Contract 91853300 with The
Chesley Corporation:
Additional excavation, foundation busting, backfilling and layout to move
building 50' north due to old building foundation.
ADD $1,705
Additional footings due to poor soils.
ADD 360
Saw cutting backtop and additional fence removal.
ADD 400
Hauling of excess concrete and plumber's excavation from site.
ADD 770
Grade berm and additional landscape
ADD 1,100
Provide revised pull handles on front doors
ADD 192
15% Overhead & Profit
ADD 679
TOTAL ADD $5,206
Contract Summary:
Original Contract Amount$117,125
Change Order No. 1 (this increase) 5,206
New Contract Amount$ 122,331
These cost have been reviewed and approved by Robert Traynham Coles Architect,
P.C., project architectural consultant. Fund for this extra work are available
in C.P.A. 200-717-527.
I recommend that Your Honorable Body authorize the Commissioner of Community
Development to issue a change order to the Chesley Corp., as set forth above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated
October 23, 1996 be received and filed; and
That the Commissioner of Community Development be and he hereby is authorized
to issue a change order to the Chesley corporation in the amount of $5,206.00
for the Conway Shelter/Concession General Construction Contract 91853300.
Funds for this work are available in C.P.A. 200-717-527.
PASSED
AYES - 13 NOES - 0
No. 47
Bids Emergency Demolition
548 Adams
Due to the very serious and hazardous condition(s) of the fire-damaged
building(s) located at the below stated property(ies), Fire Commissioner
Cornelius J. Keane requested that our department bid this property for
immediate emergency demolition. inspections were conducted by this department
and it was determined that immediate demolition was necessary due to (1) the
structural condition of the building(s) and/or (2) the resulting serious and
hazardous condition which exists at this(these) location(s), i.e., in
accordance with the guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on October 7, 1996 and the contract(s) will be awarded to the
following lowest responsible bidder(s):
ADDRESS and OWNER CONTRACTOR and BID
548 ADAMS GREAT LAKES CONTRACTING
Patricia & Cicley Stanley $3,900.00
548 Adams
Buffalo, NY 14211
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the SPECIAL ASSESSMENT FUND
#500-000-002-00000, and that said cost shall be collected against the owner or
person 'in possession benefitted, under the provision of Chapter 113 of the
Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Bids - Emergency Demolition
312 Carlton, etc.
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s),
i.e., in accordance with the guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo. Please be advised, therefore, that offers
to demolish were solicited on October 4, 1996 and the contract(s) will be
awarded to the following lowest responsible bidder(s):
ADDRESS & OWNER CONTRACTOR and BID
Aggregate Bid
312 CARLTON & garage GREAT LAKES CONTRACTING
City of Buffalo $5,125.00
41 SWEENEY GREAT LAKES CONTRACTING
City of Buffalo $5,125.00
$10,250.00 total aggregate bid
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Bids Emergency Demolition
782 Division, South, etc.
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s),
i.e., in accordance with the guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo. Please be advised, therefore, that offers
to demolish were solicited on October 4, 1996 and the contract(s) will be
awarded to the following lowest responsible bidder(s):
ADDRESS and OWNER CONTRACTOR and BID
782 DIVISION SOUTH GREAT LAKES CONTRACTING
Patricia Storms $6,600.00
845 Perry
Buffalo NY 14210
192 MOSELLE GREAT LAKES CONTRACTING
Lee Harrison $3,450.00
743 Genesee - rear apt
Buffalo NY 14211
337 BOX GREAT LAKES CONTRACTING
Alan M Perrington $4,100.00
397 Dearborn
Buffalo NY 14207
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the SPECIAL ASSESSMENT FUND
4500-000-002-00000, and that said cost shall be collected against the owner or
person m possession benefitted, under the provision of Chapter 113 of the
Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Bids Emergency Demolition
362 Walnut
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s),
i.e., in accordance with the guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo. Please be advised, therefore, that offers to
demolish were solicited on August 2, 1996 and the contract(s) will be awarded
to the following lowest responsible bidder(s):
ADDRESS and OWNER CONTRACTOR and BID
362 WALNUT CEDAR WRECKING & SALVAGE
David B Walker $6,800.00
308 Dearborn
Buffalo NY 14207
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the SPECIAL ASSESSMENT FUND
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Bids Emergency Demolition
207 Watson
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s),
i.e., in accordance with the guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo. Please be advised, therefore, that offers to
demolish were solicited on October 4, 1996 and the contract(s) will be awarded
to the following lowest responsible bidder(s):
ADDRESS and OWNER CONTRACTOR and BID
207 WATSON GREAT LAKES CONTRACTING
City of Buffalo $4,600.00
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the Project be charged to the CAPITAL PROJECTS FUND
#200-241-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Exchange of 1563 & 1565 Jefferson Avenue
Item No. 146, C.C.P., 10/1/96
In response to the above Resolution, the Department of Community
Development has no objection to the transfer of 1563 & 1565 Jefferson Avenue
for 1256 Jefferson as the parcels are not large enough for a Commercial
Development and there are no plans for housing at this time.
RECEIVED AND FILED.
No. 53
Change in Contract No. 91794300
Engineering Design and Construction
Supervisor - Exchange Street Extension
I hereby submit to Your Honorable Body the following increase
in contract for additional engineering, design, and construction supervision
services related to the Exchange Street Extension Project: Contract No.
91794300 with TVGA Engineering & Surveying, P.C.
1. Extend project completion date for construction supervision an additional
six weeks due to further delays by Conrail in their equipment removal, and
weather delays.
Add $10,000 or less
Contract Summary:
Original Contract $112,467
Previous Increases 34,800
Amount of Change Order No. 4 (this change) 10,000 (or less)
New Contract Amount157,267 (or less)
The above changes have been reviewed and recommended by the Department of
Public Works. Funds for this additional work are available in C.P.A.
200-717-013.
I, therefore, recommend that Your Honorable Body authorize the Commissioner of
Community Development to issue a change order to TVGA in the amount of $10,000
(or less) as described above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development, dated
October 28, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to issue change order No. 4 to TVGA Engineering & Surveying, P.C., changes
resulting in a net increase in the amount of $ 1 0,000 (or less), as more fully
described in the above communication, for work relating to engineering, design,
and construction supervision services for the Exchange Street Extension
Project, Contract No. 91794300. Funds for this project are to be charged to
C.P.A. 200-717-013.
PASSED
AYES - 13 NOES - 0
No. 54
Immaculate Conception Church
Hazardous Condition - 166 Edward
Item No. 75, C.C.P., 10/1/96
With regard to the above subject property, please be advised an
inspection was done on September 26, 1996 by Building Inspector Lou Petrucci;
whereby on this date a letter of violation was sent to the owner. A
reinspection will be made on December 13, 1996.
It is my sincere hope this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 55
Charity Gambling Casino
Item No. 159, C.C.P., 10/1/96
The Department of Community Development has reviewed Common Council
Resolution #159 and files the following response:
The concept of utilizing charity gaming as a means to support not-for-profit
agencies supported by Community Development Block Grant is an interesting and
laudable idea. However, for such an event to take place, the State of New York
would have to enact a constitutional amendment to legalize gaming. Currently,
the State has enacted the first year of a constitutional amendment. The NYS
legislature will need to enact the same amendment next year (1997). The
amendment must then pass a statewide and countywide referendum for it to become
law. The amendment currently calls for one privately operated, land-based
Casino in the City of Buffalo. Whether such an operation would set aside
proceeds for not-for-profit agencies would be subject to State-City-operator
negotiations.
The only other way for a casino to operate in the City and to dedicate its
proceeds to not-for-profit agencies is if The Indian Tribe in this area - The
Senecas - negotiate a "Compact" agreement under Federal law. If a "Compact" is
agreed to between the State and the Senecas, a sub-agreement to set aside
revenue to not-for-profit agencies could be possible. If indeed either of
these possible avenues for legalized gaming occur and the Buffalo Community
supports such an operation within its borders after a full review of the pros
and cons, the Department stands ready to work with Your Honorable Body to
determine what is in the City's best interest.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
Cost Estimates - Downtown Traffic Study
Item No. 195, C.C.P., 10/29/96
The City of Buffalo Common Council's Community Development Committee
at its October 29, 1996 meeting adopted Resolution No. 241 'Cost Estimates on
Downtown Traffic Options". The Council requested the Division of Planning to
file cost estimates for traffic changes recommended by the Buffalo Urban
Renewal Agency funded downtown traffic study by Thursday, November 21, 1996.
The Division of Planning in conjunction with the Department of Public Works
will provide to the Community Development Committee by Thursday, November 21,
1996, cost estimates for the street modifications recommended in the Downtown
Traffic Study.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 57
Attached is the 1996-97 snow plan for the city of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 58
Dog Violations Follow-up to
Administrative Adjudication
Item No. 194, C.C.P., 10/29/96
You have asked the Bureau of Administrative Adjudication to act
as the enforcement agent for dog license violations. The power to hear and
determine charges related to dog license summons is already within the Bureau's
jurisdiction. An amendment to the City Code is not required.
The Bureau is not the agency best suited to pursue follow-up on dog license
summonses once the summons is issued and/or heard, either by the Parking
Violations Bureau or Administrative Adjudication, any monies due as a result
must be pursued. For all other violations of the Code, after guilt has been
determined, the summons goes to the Division of Collections to collect any sum
due and owing. The prior dog license summonses were not properly dealt with
because of the lack of a mechanism to get the summonses to the Division of
Collections. The Bureau would be happy to work with the City Clerk and the
Division of Collections in order to ensure that all delinquent dog license
summonses are properly enforced.
If you have any questions, we would be glad to discuss this further.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 59
Report of Bids
Replacement of Tree Root Damaged Sidewalks
Item No. 32, C.C.P., 10/29/96
As per a request from Mr. William Goodman of Council Staff, attached
is a list of inspected "raised sidewalks" called into the Forestry Office.
The list is by Council District and is compiled from calls and communications
received at the Parks and Forestry Office from the following: City Clerk
(Clrk); Common Council (CC); Home Owner Request and Mayors Office (Call In).
A copy of this communication is being sent direct to the Department of Public
Works.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 60
Waiver of Performance Bond
United Uniform Company, Inc.
The Commissioner of General Services hereby request a waiver of
Performance Bond per City Charter Bonds and Contracts section 96-7.
Crossing Guard Uniform items for the Department of Police Contract #6853 -
United Uniform Company. The vendor has a long successful relationship with the
City of Buffalo (47 yrs.). Non-performance under the contract is highly
unlikely. (see attached letter.)
Mrs. LoTempio moved:
That the communication from the Department of General Services, dated October
18, 1996, be received and filed; and
That the Commissioner of General Services be, and he hereby is, authorized to
waive the performance bond for United Uniform Company, Inc. for Department of
Police Contract #6853.
PASSED
AYES - 13 NOES - 0
FROM THE BUFFALO SEWER AUTHORITY
No. 61
Improve Water and Sewer Collections
Investigate Merger of Sewer Authority and Division of Water
Res. No. 198, C.C.P., 10/29/96
In response to the above resolution, the following is submitted:
PLAN TO BRING UNCOLLECTED BILLS UNDER CONTROL
The billing and collection of sewer rents based on water usage for the Buffalo
Sewer Authority is processed by the Division of Water. For this service, they
are paid a fee. For the current year, this will amount to over $509,000.
Also, to assist the Division of Water in billing and collection, two full-time
Buffalo Sewer Authority employees are assigned to this area.
The Buffalo Sewer Authority also pays the City of Buffalo an additional $2.3
million. As part of this fee, the Buffalo Sewer Authority can also utilize the
City Comptroller's Collection Office. However, because of the billing by the
Division of Water, the Collection Office is very limited in their collection
activities for the Buffalo Sewer Authority.
The Buffalo Sewer Authority has recognized the significant amount in
outstanding bills from water and has worked with the Division of Water to
reduce the amount. In January 1996, the Buffalo Sewer Authority Board adopted
a policy to include sewer rents based on water usage with the collection
efforts of the Division of Water. The ultimate step in this process is the
turn over of outstanding debts to an outside collection agency. The City
Comptroller put out an R.F.P. for collection services and Amana Capital won the
contract. The Buffalo Sewer Authority has signed an agreement with Amana
Capital to pursue collections on outstanding accounts.
In March 1996, approximately 2,000 water and sewer arrears accounts valued at
$2.1 million were turned over to Amana Capital for collection. These accounts
consisted of turned-off accounts for flat rate, meter and also properties that
were razed. Of this amount, Amana felt that 46% was not processable, leaving
approximately $1.1 million of potential collectible accounts. Of this
remaining amount, $620,000 are sewer rents applicable to the Buffalo Sewer
Authority.
In May 1996, the Buffalo Sewer Authority turned over an additional $2.8 million
of sewer arrears with $1 million of accumulated interest on those accounts. Of
the total net amount that was sent to Amana, from the Sewer Authority, they
have collected $1.4 million or approximately 33%. Some of these accounts will
be written off because of the age and uncollectability. Collection activities
will continue on the rest.
Accounts that become delinquent after October 1996 and are turned over to an
outside collection agency will also be responsible for the 21% Agency
commission. Although this was scheduled to begin, problems with the City
Collection Office and Division of Data Processing have prevented the start of
this step of our Collection Program. Once this aspect of the program is in
place, it will provide a proactive program that should prevent the significant
delinquencies that have occurred in the past.
The Buffalo Sewer Authority will continue to work with the Division of Water in
collecting outstanding accounts. However, there are some problems in the
current collection process that needs to be addressed. If these problems can
be reconciled, the Buffalo Sewer Authority believes that collection of arrears
would improve for both Water and Sewer Accounts.
COMMENTS ON THE FEASIBILITY OF MERGING THE BUFFALO SEWER AUTHORITY AND THE
DIVISION OF WATER
In June, 1993, Comptroller Joel Giambra had Ernst & Young perform a cursory
analysis of the possible merger of the water system and the Buffalo Sewer
Authority. This analysis suggested that there may be a potential savings of $1
-million per year. These savings are assumed and were never defined.
In 1995, Mayor Masiello directed this writer to explore the possible merger of
the above mentioned. Public Works Commissioner Joseph Giambra and I
recommended that Malcolm Pirnie be retained to explore this possible merger.
Malcolm Pirnie knows both our plants and operations and possesses the
experience and expertise in our industry.
Under a Buffalo Sewer Authority professional services contract, Malcolm Pirnie
was instructed to prepare a proposal to conduct an operational review of the
feasibility of consolidating the Buffalo Sewer Authority and the City of
Buffalo Water Board. In November 1995, this proposal was completed and shared
with the Comptroller's Office. However, Malcolm Pirnie pointed out some
substantial obstacles which the Comptroller failed to recognize.
Under the previous administration, Councilmember Giambra was an integral part
in the sale of the Water Department (1992) in order to help the City with its
financial problems. Ultimately, the taxpayer paid for this financial charade.
Currently, our Water Board is upside-down financially. More than 50% of their
revenues are obligated to debt while the infrastructure is in desperate need of
repair.
In conclusion, there are a whole host of potential obstacles that are
significant. We must address each and every one prior to engaging in any form
of consolidation. The taxpayers of this city cannot endure another financial
fiasco.
The Comptroller's Office is premature and unqualified in suggesting that we
merge without exploring all of our options. We must retain experts in the
water-sewer industry to help us facilitate a possible merger of this magnitude.
The rate payers should be our #1 concern.
Under the Masiello administration, the Buffalo Sewer Authority has decreased
its budget the past two years. We continue to consolidate internally while
decreasing the number of employees from 340 to 298 (12.5%). Our response time
to our customers is under one hour. We continue to explore new technologies in
order to provide a better service at a lower cost.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 62
NYS Office of Pks. - Req. Info.
Marine Dr. Pkg. Lot Reconstr.
Com. No. 81, C.C.P., 10/29/96
In response to the above-referenced item, I can offer the following
information:
As the Council is aware, the development known as Marine Drive is owned by the
Buffalo Municipal Housing Authority, but is operated by a separate
not-for-profit housing cooperative, pursuant to a long-term lease. The
Authority has no legal authority over the day-to-day activities of this
corporation. So long as the corporation meets its obligations under the lease
(e.g., to maintain insurance, to care for the property, to pay its rent) we may
not interfere with the corporation's operations.
The first we heard of the "Marine Drive Dig" was when we were contacted by a
local television news reporter, and told that Marine Drive was resurfacing the
parking lot, and had authorized the Western New York Heritage Institute to
perform an archaeological survey prior to doing the work. We contacted the New
York State Office of Historic Preservation, as well as a local archaeologist
named Warren Barbour. We were concerned, and are still concerned, with a few
different aspects of this dig. First, we were informed by the manager of
Marine Drive that any artifacts removed from the site would be "donated" by the
Marine Drive Board of Directors to the Western New York Heritage Institute.
Second, we were informed that it was never necessary to perform this sort of
survey in the first place.
As to the first point, it goes without saying that any artifacts discovered on
the site are not the property of the Marine Drive Board of Directors, and they
have no right to donate them to anyone. We informed the Western New York
Heritage Institute of this, and received a letter in response which indicated
that all of the items removed were being stored in a warehouse on Perry Street,
and that we could have them if we could guarantee that they would be stored in
a safe place. It is our position that we do not have to guarantee anything to
the Western New York Heritage Institute, as they removed property that they do
not own, without our permission, in the first place.
As to the second point, the letter from New York State confirms what we had
suspected. We believe that the Western New York Heritage Institute gave Marine
Drive the impression that such a survey was a legal requirement, and thus
procured from them a contract to perform services. This second point is, of
course, a matter for the Board of Marine Drive to deal with, along with the
representative from the New York State Division of Housing and Community
Renewal who oversees their operations, Zev Weinstein.
I hope that I have been able to provide information which is of some use to
you.
Please feel to contact General Counsel Gillian D. Brown for further information
on this matter at 855-6726.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
FROM THE CITY CLERK
No. 63
Assign Follow Up of Dog License Summons Violations to Administrative
Adjudication
Item No. 194, C.C.P., 10/29/96
The Division of Parking Enforcement is now authorized by State
Statute to be the administrative adjudication arm for dog control violations.
The City of Buffalo's problems with collecting fines is that there is no
follow-up after the summonses and alert-o-grams are issued and mailed.
Article 7-Section 1181 (b) of the Agriculture and Markets Law "Seizure of Dogs"
allows the City to seize "... any dog which is not licensed, whether on or off
the owner's premises ..." and hold the dog until all fines are paid and the dog
is licensed. If the owner does not redeem the dog within the prescribed time
limits, the dog can be destroyed.
These are drastic measures, but with an estimated 19,000 unlicensed dogs in the
City and approximately 7,000 unanswered summonses, such measures have to be
taken if the enforcement program is to work.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state from Thursday, October 31, 1996 at 6:00
a.m. until 3:00 p.m.
RECEIVED AND FILED.
No. 65
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:
Public Works - Rose Rivera
Police - Andre A. Scott, Laurence D. McLaughlin
Corporation Counsel - Diane Y. Devlin
RECEIVED AND FILED.
No. 66
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
No. 67
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 November 4, 1996 in the Department of City Clerk to the
Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 per hr.
Joan Brinkworth, 205 Marine Dr., Buffalo, NY 14202
James DeNault, 126 Newfield, Buffalo, NY 14207
No. 68
Appointments - Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment Effective October 22, 1996 in the Department of Youth Opportunity
and Employment Programs, Division of Mayor's Office, to the Position of Intern
V, Temporary, Jason Bailey, 74 Putnam, Buffalo NY 14213 at the Flat Starting
Salary of $8.00 per hr.
Appointment Effective November 4, 1996 in the Department of Mayor's Office,
Division of Youth Opportunity & Internship Program, to the Position of Intern
III, Temporary, Cole Ettman, 340 Elmwood Avenue, Buffalo, N.Y. 14222 at the
flat starting salary of $5.00 per hr.
No. 69
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 October 29, 1996 in the Department of Audit
and Control, Division of Real Estate, to the Position of Laborer I, Seasonal,
at the Flat Starting Salary of $6.22 per hr.
Karen Filippone, 200 North Park, Buffalo, New York 14216
DEPARTMENT OF PUBLIC WORKS
Appointment Effective October 28, 1996 in the Department of Public
Works, Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.
Edward F. Anken, 73 Houston Street, Buffalo 14220
Appointment Effective October 30, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.
Paul N. Calmes Sr., 159 Como Avenue, Buffalo 14220
Appointment Effective November 1, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.
Alan B. Pilat, 335 Abbott Road, Buffalo 14220
Charles D. Sayler, 72 Sidway Street, Buffalo 14210
Appointment Effective November 4, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.
Robert J. Bell, 44 Ashton Place, Buffalo 14220
Charles A. Kulp, 1015 Abbott Road, Buffalo 14220
John F. Schieber, 164 Dundee Street, Buffalo 14220
Appointment Effective November 4, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Second Class Stationary Engineer,
Temporary, at the Flat Starting Salary of $5.63 per hr.
James T. Conrad, 128 Harding Road, Buffalo 14220
Timothy J. Leary, 67 Dundee Street, Buffalo 14220
Patrick J. Lynch, 19 Britt Street, Buffalo 14220
Appointment Effective November 7, 1996 in the Department of Public Works,
Division of Buildings, to the position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 per hr.
Thomas Lizak Jr., 226 Columbus Avenue, Buffalo 14220
Charles H. Mayer Jr., 184 Aldrich Place, Buffalo 14220,
James L. Moscato, 115 Imson Street, Buffalo 14210
Robert S. Prus Jr., 46 Young Street, Buffalo 14212
Peter A. Tabone, 32 Tacoma Avenue, Buffalo 14216
Appointment Effective Nov. 7, 1996 in the Department of Public Works, Division
of Buildings, to the position of Second Class Stationary Engineer, Temporary,
at the Flat Starting Salary of $5.63 per hr.
Albert M. Roberts, 8 Susan Lane, Buffalo 14220
Dennis A. Smith Jr., 111 Wright Avenue, Buffalo 14225
Appointment Effective: November 7, 1996 in the Department of Public Works,
Division of Water, to the Position of Account Clerk, Temporary, at the flat
starting salary of $5.46 per hr.
Kathleen Wachowicz, 81 Barnard St., Buffalo 14206
Appointment Effective November 7, 1996 in the Department of Public Works,
Division of Water, to the Position of Clerk, Seasonal, at the flat starting
salary $5.20 per hr.
Maureen A. Colern, 154 Cushing Place, Buffalo 14220
DEPARTMENT OF STREET SANITATION
Appointment effective November 4, 1996 in the Department of Street
Sanitation to the position of Laborer II, Seasonal, at the Flat Starting Salary
of $6.92 per hr.
Alexander Porter, 151 Prospect Avenue, Buffalo, New York 14202
No. 70
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective October 28, 1996 in the Department of Administration
& Finance, Division of Administrative Adjudication, to the Position of Laborer
II, Permanent, at the Minimum Starting Salary of $10.15 per hr.
Laura M. Gang, 42 Mumford Street, Buffalo, NY 14220
DEPARTMENT OF POLICE
Appointment Effective October 24, 1996 in the Department of Police
to the Position of Civilian School Crossing Guard, Permanent, at the Minimum
Starting Salary of $6.09 per hr.
Esther Kregg, 529 Wyoming, Buffalo, New York 14215
Jean M. Bishop, 40 C Street, Buffalo, New York 14211
Tina Guzzo, 31 Harding Road, Buffalo, New York 14220
Lois Collins, 296 Mulberry Street, Buffalo, New York 14204
Jolaine Savaree, 61 9 Lafayette Avenue, Buffalo, New York 14220
Theresa Sniadecki, 385 Newburgh Avenue, Buffalo, New York 14215
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 71
BEDC
Adopt-A-Lot Program
Item No. 166, C.C.P., 10/15/96
Pursuant to your October 16th request on the above referenced,
please be advised that BEDC is unaware of any federal or state tax deductions
for businesses that utilize their employees to maintain city-owned vacant lots.
However, your committee should be aware of a new Federal Tax Credit for
companies that hire 18-25 year olds who reside in the 4.5 square mile Federal
Enterprise Community. As outlined in the attached, the $2,1 00 Federal tax
credit is also available to several other groups.
Mr. Brown's Adopt-A-Lot resolution is an excellent idea. Hopefully, the City
will be able to implement it.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 72
CEDI
Equal Opp. Hiring Practices
Res. No. 190, C.C.P., 7/23/96
Item No. 59, C.C.P., 9/17/96
Enclosed please find a copy of the above referenced items tabled
in the Civil Service Committee pending a response from the Mayor's Office of
Contract Compliance.
Please be advised that all request for responses regarding the above referenced
items, should be directed to Gregory D. Joos, Director of Labor Relations. Mr.
Joos is Mayor Masiello's designed Affirmative Action Officer/Representative for
the City of Buffalo.
From the first drafts of the Affirmation Action Plan, through and including its
approval by the Common Council, the Mayor's Office of Contract Compliance has
never been involved with discussions or implementation of this Plan.
If you have any additional questions or concerns, please feel free to contact
me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 73
ERIE COUNTY COMPTROLLER
Comprehensive Plan for City Assistance and Fiscal Reform
Item No. 186, C.C.P., 10/15/96
This is in response to referenced resolution and your letter of
October 16, 1996 requesting my comments on the practicality and feasibility of
implementing any of the suggestions contained in the Erie County Executive's
"Comprehensive Plan for City Assistance and Fiscal Reform."
While I will address as many of the topics as possible in this report, please
be advised that the County Executive did not request any input from this Office
in the preparation of this report, and did not provide any work papers to
support the numbers used in his analysis of City costs and projected savings.
Based on our review of the County Executive's report, the following comments
are provided:
Section IV - Cost Containment/Revenue Generation Recommendations
Renegotiations of electrical rates. We concur with the County Executive's
recommendation that the City take independent action or join the County to
renegotiate electrical rates. With annual costs of over $16 million, any
renegotiation should result in a savings to the City.
Institution of rebate incentive program to encourage City retirees to enroll in
lower cost health insurance plans. Since the City pays I 00% of retiree health
insurance, there is presently no incentive for a retiree to be selective of the
plan they choose based upon cost. We agree that the City should develop an
incentive program that would result in both the City and the retiree benefiting
from cost savings.
Phase-in of program requiring new City retirees to contribute 50% of health
insurance coverage costs. We do not agree with the recommendation contained in
the County report. All current City employees are entitled to full health
coverage at retirement. To change this would be a violation of City employees'
rights under current contractual agreements. We recommend that the City, in
future negotiations with their unions pursue the cost sharing of future
retirees who started their employment with the City on or after a specific
date. While this will not generate any immediate savings, it would have a
significant impact on City costs for retirees in future years.
Start-up program to limit the City's health insurance premium costs for active
employees to the average of the two lowest cost plans. As pointed out in the
County Report, this has been implemented in Erie County and is resulting in
savings at the expense of County employees. While we feel that the City should
discuss this with their unions, it must be fully recognized as an employee
concession or "give back."
Streamlining City administrative support operations for recurring salary and
fringe benefit savings. The presentation of this topic in the County's report,
and the conclusions reached, are speculative at best. The functions performed
by the City are vastly different than those performed by the County. Although
County Executive Dennis Gorski has made significant staff cuts in all County
departments, the impact of these cuts have resulted in loss of services and
support, often exceeding any savings resulting from budget cuts. Any reduction
in support staffing at the City should be based on sound analysis and not based
on a comparison to County staffing or statistical ratios.
Municipalization of ambulance service in Buffalo. While this could result in
new revenue for the City of Buffalo, we do not feel that taking away business
from the private sector is good government. Additionally, if the City formed
its own ambulance service and barred the private sector from responding to
service calls, litigation would probably ensue.
Creation of Erie County refuse and recycling district. We will not comment on
this since the City has already taken action to establish fees for garbage
collection.
Section V service consolidations. This is a difficult area since no government
wants to take action to reduce the direct services it provides to its citizens.
Your primary concern should be to insure that services are cost effectively
delivered. If Erie County can serve the general community more efficiently,
which will result in savings to all countywide taxpayers, then we encourage the
consolidation of various services.
County Guarantee of City Tax Levies. At the request of the Erie County
Legislature, this Office provided an analysis of this proposal and offered an
alternative solution. Enclosed is a copy for your review.
REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS.
No. 74
COUNTY OF ERIE
Municipalization Electric Service
Item No. 150, C.C.P., 10/1/96
I am in receipt of your resolution referenced above concerning
the municipalization of Niagara Mohawk.
Enclosed, please find a copy of a letter dated September 24, 1996 from Erie
County Commissioner of Environment and Planning, Richard M. Tobe, to Common
Council Majority Leader, Rosemarie LoTempio, outlining my Administration's
position with respect to electric utility rates and municipalization.
As we move towards a more competitive, deregulated market, we must be prepared
to take advantage of the sweeping changes taking place in the electric utility
industry. The County would therefore, welcome the opportunity to work with the
City of Buffalo to lower utility costs. However, municipalization does not
appear to be a viable option.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 75
COUNTY OF ERIE
Ongoing Review of City Budget Resolution
Item No. 186, C.C.P., 10/15/96
I am in receipt of your resolution referenced above concerning
city-county consolidation issues and my April, 1996 report entitled
Comprehensive Plan for City Assistance and Fiscal Reform.
Please be advised that I have appointed Richard M. Tobe, Erie County
Commissioner of Environment and Planning, to coordinate the county's
participation in consolidation matters. Commissioner Tobe has the authority to
summon additional county staff as needed.
With respect to the "practicality and feasibility of implementing any of the
suggestions contained in" my Comprehensive Plan for City Assistance and Fiscal
Reform, the report speaks for itself. If I did not believe these suggestions
to be both practical and feasible, I would not have made them in the first
place.
Commissioner Tobe is prepared to discuss these suggestions in greater depth
during upcoming consolidation meetings.
Thank you for the opportunity to comment on this matter.
REFERRED TO THE SPECIAL COMMITTEE ON GOVERNMENT RELATIONS.
No. 76
M. JAMES AND OTHERS
Tree Trimming - University District
On Sunday, October 20, 1996, three men, stating that they were
authorized by the City and the Uptown organization, cut limbs from curbside and
median trees on University Circle and the first block of University Avenue.
Several residents, believing that much of the trimming was unnecessary,
improperly done, and excessive, asked them to stop and complained that they had
not first spoken to homeowners. Councilmember Helfer, contacted later that
day, confirmed that he was aware of the action and was ordering a truck for
limb removal. He also confirmed that the men were neighborhood residents, not
city workers.
Questioning the propriety of such large-scale trimming by nonprofessionals, a
resident contacted the mayor's office on Monday. He was told that such action
must be cleared by the Forestry division of the Parks Department, and cannot be
authorized by a Councilmember. Contacting the Forestry division, he was told
that Councilmember Helfer had been informed that such cutting should not be
done without Forestry personnel being present.
A member of the division was dispatched to University Avenue to evaluate the
trees. He stated that much of the cutting was excessive, pointing out that two
cuts would have been sufficient on one tree from which twenty branches were
removed. He also stated that the tree was irrevocably misshapen, and that the
Forestry division would have to re-cut all of the trees to save them, as they
had been improperly cut.
As the enclosed notice indicates, the "trimming" of trees in our neighborhood
is slated to continue. We are concerned that more damage will be done, and
that more remediation by the City will be required. We, therefore,
respectfully request that the Common Council discuss this matter and take one
of the following actions:
1. Acknowledge, and explain why, it is City policy to have tree maintenance
carried out by nonprofessional volunteers
or
2. State that such maintenance must be carried out, or supervised, by employees
of the Forestry division of the Parks and Recreation Department.
We, the undersigned residents of University Avenue, believe that such
clarification is necessary to avoid further misunderstandings between and among
residents and government officials, as well as to guarantee the health of our
trees and the integrity of our neighborhoods.
Thank you very much for your time and consideration of this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF HUMAN
SERVICES, PARKS AND RECREATION
No. 77
P. MAHIQUES
Water Bill - 145 Ladner Street
I have been consulted by Mr. Peter Mahiques who resides at 145
Ladner Street in Buffalo. Mr. Mahiques is a disabled carpenter who resides in
a home owned by the estate of his late wife, Mary Mahiques.
Mr. Mahiques recently received a notice that water service to 145 Ladner Street
will be turned off on October 25th for non-payment. After receiving the
notice, Mr. Mahiques tried to work out payment arrangements with your
department. He was told that the account had been sent to Amana Capital Corp.,
715 Main Street, for collection and that arrangements would have to be made
with Amana.
At Amana, Mr. Mahiques had conversations with a Mr. Richard Abrams and with a
Mr. Larry Meyers, purportedly the manager. Mr. Meyers has refused to accept
Mr. Mahiques's offer to pay off his account at the rate of $200 per month (more
than I think he can afford, but apparently he thinks he can obtain this much
each month). Mr. Meyers is demanding the entire amount which is $2,602.24.
Most astonishing to me, however, is that Mr. Mahiques claims that Mr. Larry
Meyers sent Mr. Mahiques to a Mr. David Meyers (a relative I am presuming) to
obtain a loan to pay off the entire balance. The loan would be secured by a
lien on the Ladner Street property.
I am hereby requesting that:
A. the City step in and help Mr. Mahiques to work out some livable arrangement;
and
B. an investigation be made to determine whether (1) Mr. Larry Meyers'
referrals to Mr. David Meyers constitute an impermissible conflict of interests
and (2) whether other City residents and homeowners have been referred to Mr.
David Meyers for loans.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS,
CORPORATION COUNSEL AND COMMISSIONER OF ASSESSMENT.
No. 78
S. MALKOWSKI
Open Police Lt. Positions
Item No. 183, C.C.P., 10/29/96
We are submitting this letter to you to bring up for discussion
in the next scheduled Council session. The subject is the failure of Police
Commissioner Kerlikowske to fill budgeted vacancies in the rank of lieutenant
in the Buffalo Police Department.
As we currently understand, the Commissioner has two main arguments for not
filling these positions. First, we believe he has gone on record with Council
Member Lockwood that to fill the vacant positions would leave a shortage of
patrol officers 'in the city. We are talking about 11 or 12 positions. The
current strength of the BPD is approximately 910 officers, which are more
officers than we have had in at least 4 or 5 years. The department's final
budgeted strength is around 927. There are also currently 12 officers in the
CPS Academy scheduled to graduate in December 1996. The fact of the matter is
that there would be no loss of strength in the current patrol force. In the
mean time, the City of Buffalo is paying enormous sums of money in overtime
payments to Lieutenants because these positions are not filled.
Second, the Commissioner contends that the top candidates on the next
Lieutenants list will be more qualified than the candidates on the current list
just because they scored high. This is a slap in the face to the next officers
currently in line for promotion on the current Civil Service list. A quick
look at a profile of the next 12 officers on the current list shows a mature
officer (30-43 yrs. old, 36 yrs. avg.) with a great deal of patrol experience
on the job (7-14 yrs. experience, 11 yrs. avg.). Additionally 8 of 12 have
some college education (4 Bachelors, 4 at least 1 year of college), all have
patrol experience and additional experience as detective, community police
officer, vice detail, FBI and NYS Organized Crime Task Force experience. Four
have previous supervisory or managerial experience outside of police work.
When you consider that theoretically, the top persons on the next list could be
25 yrs. old with a mere 3 1/2 yrs. experience in police work, we believe that
the current candidates are vastly more qualified than is necessary according to
Civil Service guidelines to perform the job.
Commissioner Kerlikowske is doing a great disservice to veteran police officers
and the City of Buffalo by not filling these positions immediately. These
positions were requested by him and funded by you, the Common Council, on July
1, 1996. If he didn't intend to fill the positions, why did he request them?
Commissioner Kerlikowske wasted no time in filling the new Chiefs positions
that the Council authorized. Why haven't the Lieutenant positions been filled
as quickly?
It has long been surmised since Mayor Masiello hired Commissioner Kerlikowske
that he has a political agenda to fill by holding the position of Police
Commissioner. There is a possibility pending the outcome of the upcoming
Presidential Election that Commissioner Kerlikowske may not be long for the
City of Buffalo. Likewise, in another year when the Mayor comes up for
re-election there is the possibility that a new mayor will not retain
Commissioner Kerlikowske. This man does not have the long term interests of
the City of Buffalo at heart. His only concern is to leave his mark on this
Department, embellish his resume and go on to bigger and better things. In his
wake he will leave a dozen Police Officers, hard working city employees,
entrenched with their families in the future of Buffalo and Western New York,
bitter and disillusioned. Our chance for advancement in our chosen careers and
a better life for our families due to the raise in pay that would accompany the
promotion would slip away, maybe never to come again.
The Commissioner will be setting a bad precedent by introducing more politics
into promotion policies of this department. Ask any police officer in Buffalo
for his top 5 reasons for the current bad morale of this department and we
assure you that politics is at or near the top. It also appears that the power
of the Civil Service Commission is diminished by the Commissioner by not
promoting qualified candidates.
The Commissioner has stated that it wouldn't be fair to those who score high on
the next list to take those positions away from them. We only offer the fact
that no promotional list in this city has expired with vacancies existing. All
were filled as they became available and in some instances efforts were made to
get to certain officers at the 11th hour before the list expired. Everyone who
has been at the top of a promotion list has been there with no assurances or
guarantees of advancement but if vacancies exist you could expect to get a
promotion. It is our contention that these positions are available, there are
qualified officers to fill them, that we deserve these promotions and the jobs
belong to us.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 79
NYS DEPT. OF STATE
Charity Gambling Casino
Attached are proposed amendment number one in relation to casino
gambling in certain cities and counties and amendment number two in relation to
the jurisdiction of the New York city civil court and to the jurisdiction of
district courts.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 80
ROSWELL PARK
Modernization Program
M/WBE 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. 81
J. SANDORO
Two Way Conversion of Swan St.
Between Elm and Oak Streets
As per my conversations with Dan Kruez of your office, I have
met with my neighbors on Swan Street in the block on the south side of the
street between Elm and Michigan. Service Canvas Company, Buffalo Motor Car and
the Great Lakes Collection Agency are asking that you please look into
continuing making Swan Street two way between Elm and Oak. It is difficult for
delivery trucks and customers coming from city streets to get to the parking
and front doors since they either must come off the Thruway at Elm Street or
make a U-turn on Swan Street and cross a double line order to access the front
doors of the businesses. This is only one of many reasons why the street
should be continued through.
I suggest we have a meeting as soon as possible, at your convenience, to
discuss a study and a petition to the State of New York to allow the city of
Buffalo to possibly widen the street and finish making the two-way conversion
which will again connect our neighborhood with downtown by a direct route.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 82
W. JAMES SCHWAN
City Union Hiring Practices
Item No. 169, C.C.P., 10/15/96
I am in receipt of a copy of the above resolution. Both David
Donnelly and Robert Meegan, president of Buffalo Professional Firefighters
Association, Local 282 and Buffalo Police Benevolent Association, respectively,
have asked that I respond to the subject resolution.
As you know neither union recruits prospective applicants since neither union
is an employer within the meaning of the Taylor Law. Neither union conducts
training. Said training is the responsibility of others. There are no
apprentice policemen nor apprentice firefighters. Therefore, there is no
apprentice program.
Neither union knows "the sum total of city employees" as said information is
not maintained by either union. Similarly, neither union maintains statistics
concerning percentage of minorities and/or percentage of women employees since
decisions concerning the respective collective bargaining agreements and the
administration of said agreements are based on merit not invalid considerations
such as race.
Finally, members of Local 282 and the PBA are permitted by state law to reside
outside the City of Buffalo. I cannot provide you with the requested
percentages and even if I could, said information is confidential. As a matter
of policy, neither union discloses personal information concerning its
bargaining unit members without member consent or legal process.
I trust that the above fully responds to the subject Resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 83
TCI OF PENNSYLVANIA INC.
Info-Decision to end Telemarketing Operations
This is in response to your request during the October 25, 1996
meeting of the Special Committee on Cable Television that TCI explain the
reasoning which prompted our decision to close the TCI Telemarketing Center
which was opened earlier this year.
Prior to fulfilling your request, I want to express sincere regret over the
manner in which TCI communicated the decision, and to let you know that TCI is
in the process of finding means to keep the telemarketing center open.
I want to assure you that the decision made by TCI to open the Buffalo
Telemarketing Center was made in a good faith manner with expectation that the
center would be a positive and long term addition to the TCI business. No less
important is the knowledge that our decision to end our telemarketing operation
was a practical business decision in response to the marketplace. It is
essential that TCI retain the ability to make such decisions. TCI faces a
rapidly growing list of competitive challenges which will require us to make
flexible and responsive reactions. To support poor business decisions - even
those made in such a public manner as was TCI's decision to open the Buffalo
Telemarketing Center - would be a disservice to people who have invested in
TCI. Beyond that, ultimately, poor business decisions become a disservice to
our employees, the communities we serve.
As you know, when TCI considered opening its telemarketing center our company
looked at a variety of locations throughout the north eastern part of the
United States, including locations in New Jersey and Connecticut. For reasons
which we have previously shared, the Buffalo location was selected because of
the quality and quantity of its work force and the favorable business climate
offered by the City. It is important that the City know, and the employees in
the Telemarketing center know, that TCI's decision to reduce its reliance on
telemarketing as a marketing strategy does not reflect poorly on the City or
those employees' performance.
The telemarketing Center was, a year ago, part of TCI's marketing plans to
effectively utilize outbound sales telephone calls as a means of expanding our
subscriber base throughout the nation. The fact is, the results of this
marketing survey were not positive. We were not successful in producing the
number of sales anticipated and turnover of customers sold via telemarketing
was high. Other marketing techniques employed by TCI were more effective.
While we made efforts to find productive alternative uses for our Telemarketing
Center, it became rapidly apparent to us that such goals were not producing
positive results, and the decision was made to conclude business at the
facility. That decision, unfortunately, was made without consultation with the
City of Buffalo, and without the exploration of viable alternatives. It is
those alternatives which we are now exploring. We have contacted a number of
other telemarketing firms who have indicated an interest in utilizing the TCI
Telemarketing Center, and employing the excellent employees who work there. We
are encouraged by the conversations which have already taken place and are
pursuing other conversations too. It is our hope and expectation that these
conversations will ultimately mean that the Telemarketing Center will not
close on December 15 after all. To be sure, as our efforts may prove
unsuccessful, we will do everything possible to provide continuity to the
telemarketing operation in Buffalo.
Ours is a young and still entrepreneurial industry which will continue to
experience the challenges of a new competitive and technologically innovative
environment. It is incumbent upon us at TCI to remain flexible in order to
adapt to new challenges and opportunities. As we do so, however, it is my hope
and expectation that we will share both our possibilities and failure with you
and the City of Buffalo in a more team-like manner.
TCI is proud of its cable television operations in Buffalo and has demonstrated
it's commitment to Buffalo repeatedly as is evidenced by the new multi-million
dollar office and technical facility constructed on Chicago St. As you know,
Paul Meegan and his entire staff are extraordinarily committed to the community
they serve. As we move forward together in an effort to insure that
telemarketing center remains open and viable, I hope the work done by Paul to
support his City will be appreciated.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 84
D. ZUCHLEWSKI
Inspection Report 44 Breckenridge
Item No. 187, C.C.P., 7/3/96
I am filing the attached-inspection report for 44 Breckenridge
because it is relevant to resolution 187, C.C.P. July 23, 1996 - (Breckenridge
Street Church), which is currently before the Community Development Committee.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
PETITIONS
No. 85
W.D.S. of Buffalo Corp., owner
Petition to Use 3488 Main for Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 86
Anthony J. Hurliman, owner
Petition to Use 1457-1459 Hertel for Outdoor Patio
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 87
135 Delaware, Inc., owner
Petition to Use 157-161 Delaware for Parking Lot
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
Ramesh & Bonnie Chainani, owner
Petition to Use 520 Elmwood for Sit-in Restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 89
JOHN INCRAM AND OTHERS
Attached please find a petition from John Incram and other parties
concerning the decision to reassign the Police personnel of Precinct 5 to the
new North Buffalo location. (approximately 1,680 signatures).
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 90
Residency Requirements City Emp. (CSC)
Item No. 69, C.C.P., 4/30/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Residency Requirements (CC)
Item No. 51, C.C.P., 5/14/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Appointment
Paralegal Assistant
That Communication 21 October 29, 1996 be received and filed and
the appointment of Patrick K. Irwin stated above at the Intermediate salary
$31,276.00 effective on October 29, 1996 is hereby approved.
PASSED
AYES - 13 NOES - 0
No. 93
Appointment
Engineering Inspector
That Communication 33 October 29, 1996 be received and filed and
the Permanent appointment of Louis M. Sedia and Daniel Szczesniak stated above
at the Maximum salary $33,342.00 effective on October 24, 1996 is hereby
approved.
PASSED
AYES - 13 NOES - 0
No. 94
Appointment
Motor Equipment Mechanic
That Communication 46 October 29, 1996 be received and filed and
the Permanent appointment of David J. Botticello stated above at the Maximum
salary $28.,311.00 effective on October 7, 1996 is hereby approved.
PASSED
AYES - 13 NOES - 0
No. 95
Appointment
Laborer II
That Communication 64 October 29, 1996 be received and filed and
the Permanent appointment of Susan C. LoVallo stated above at the Intermediate
salary $11.17 effective on October 23, 1996 is hereby approved.
PASSED
AYES - 13 NOES - 0
No. 96
Notices of Appt.-Temp/Prov/Perm. (Cclk)
Item No. 74, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Appointment
Machine Operator
That Communication 91 October 29, 1996 be received and filed and
the Permanent appointment of Arthur Pepe Jr. and John S. Kijania stated above
at the Maximum salary $26,920.00 effective on September 30, 1996 is hereby
approved.
PASSED
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - HELFER - 1
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 98
Result of Negotiations - 90 & 92 Hopkins Street
Item No. 7, C.C.P., 7/9/96
That the offer of Mr. Alkey Castricone, in the sum of $14,200.00
(Fourteen Thousand and Two Hundred Dollars) to purchase the property described
as 90 and 92 Hopkins Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the' terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 99
Sale of 90 & 92 Hopkins Street (C.P. Bd.)
Item No. 12, C.C.P., 10/29/96
That the City Planning Board has no objection to the sale of the
publicly owned property described as 90 and 92 Hopkins Street, and notes that
the property is within the Coastal Review District.
Mr. Franczyk now moves:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 100
Telecommunications Tower (CD)
Item No. 80, C.C.P., 9/3/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Telecommunications Ordinance
Item No. 235, C.C.P., 9/17/96
That this Common Council request that the Corporation Counsel
submit a Telecommunications Regulatory Ordinance to this Honorable Body which
includes provisions for a clear application process for the franchising and
licensing of all telecommunications services.
ADOPTED.
No. 102
Result of Negotiations - 25 Tenth Street
Item No. 10, C.C.P., 10/1/96
That the offer of Mr. and Mrs. Tomas Guzman, of 233 North Seine
Drive, Cheektowaga, in the sum of $1,000.00 (One Thousand Dollars) to purchase
the property described as 25 Tenth Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 103
Exchange of 1563 & 1565 Jefferson Avenue
Item No. 146, C.C.P., 10/1/96
That this Common Council authorize the Division of Real Estate
to enter into negotiations with the Prince of Peace Church of God in Christ to
exchange 1563 and 1565 Jefferson Avenue for 1256 Jefferson Avenue; and
That the Prince of Peace Church of God in Christ will forfeit the deposit paid
on 1256 Jefferson Avenue if the exchange is granted; and
That 1563 and 1565 Jefferson Avenue will be transferred to the City of Buffalo
because the properties will be an intricate part in the Jefferson
Alive/Renaissance Project.
PASSED
AYES - 13 NOES - 0
No. 104
Info.-Exchange 1563-65 Jefferson (Compt)
Item No. 18, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Exchanging Prop. on Jefferson (CC)
Item No. 40, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Essie Billups and Others - Cleanup Former ECC Site
Item No. 99, C.C.P., 7/23/96
Item No. 109, C.C.P., 10/15/96
That the petition of Essie Billups and others requesting the cleanup
of the former Erie Community College City Campus site and Main and Riley
Streets, be and hereby is acknowledged and accepted.
ADOPTED.
No. 107
Result of Negotiations - 23 Dole Street
Item No. 15, C.C.P., 10/29/96
That the offer of Mr. Joseph Trombley, owner of Specialty Fiberglass,
Inc., of 35 Dole Street, in the sum of $250.00 (Two Hundred and Fifty Dollars)
to purchase the property described as 23 Dole Street, be and hereby is
accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 108
Result of Negotiations - 164 Mulberry Street
Item No. 16, C.C.P., 10/29/96
That the offer of Ms. Sandra J. Withrow, of 166 Mulberry Street,
in the sum of $500.00 (Five Hundred Dollars) to purchase the property described
as 164 Mulberry Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 109
Result of Negotiations - 144 Selkirk Street
Item No. 17, C.C.P., 10/29/96
That the offer of Mr. David Rutkowski, of 2 Verdun Place, Cheektowaga,
in the sum of $700.00 (Seven Hundred Dollars) to purchase the property
described as 144 Selkirk Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 110
Sale of 384 Broadway
Item No. 19, C.C.P., 10/29/96
That the offer of Vincent Ravaschiere, Esq., on behalf of H.E.L.P.,
Buffalo, Inc., a not-for-profit organization, in the sum of $45,000.00
(Forty-Five Thousand Dollars) to purchase the property described as 384
Broadway, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will be
paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 111
Change in Contract
Elmwood-Virginia Fire Station (Electrical)
Item No. 29, C.C.P., 10/29/96
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order No. 1 to Frey Electric, changes resulting in a net
increase in the amount of $4,067.00, as more fully described in the above
communication, for work relating to Elmwood Virginia Fire Station, Electrical
Work, C #91853600. Funds for this project are to be charged to B/F
200-402-023, Division of Buildings.
PASSED
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 112
Change in Contract
Elmwood-Virginia Fire Station (Gen. Const.)
Item No. 30, C.C.P., 10/29/96
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order No. 1 to Concept Construction, changes resulting in a net
increase in the amount of $40,289.00, as more fully described in the above
communication, for work relating to Elmwood Virginia Fire Station, General
Construction, C #91853600. Funds for this project are to be charged to B/F
200-402-023, Division of Buildings.
PASSED.
AYES - BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - COPPOLA - 1
No. 113
Info. Virginia/Elmwood Fire Station Change Orders (PW)
Item No. 34, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Bids - Replacement of Tree Root Damaged Sidewalks
Citywide 1996/97
Item No. 32, C.C.P., 10/29/96
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk now moved,
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Replacement of Tree Root Damaged Sidewalks Citywide 1996/97,
Group 428, to Cemulini-Pecoraro Construction, Corp., the lowest responsible
bidder in the amount of $319,045, plus approved unit prices not to exceed
$30,955.00, for a total encumbrance of $350,000.00. Funds for this project are
available in the Division of Engineering Bond Fund #200-401-507-00-000 and a
City Bond Fund Account which will be identified at a future date.
PASSED
AYES - 13 NOES - 0
No. 115
Emergency Demolition - 402-404 Broadway
Item No. 47, C.C.P., 10/29/96
That the award by the Commissioner of Community Development of
an emergency demolition contract to Georgian Bay at a cost of $47,300.00,
relating to 402-404 Broadway, is hereby confirmed, ratified and approved, with
said cost to be charged against Special Assessment Fund #500-000-002-00000, and
that said cost shall be collected against the owner or person in possession of
the premises and/or shall be assessed against the property benefitted, in
accordance with Chapter 113 of the Code of the City of Buffalo.
PASSED
AYES - 13 NOES - 0
No. 116
Emergency Demolition - 194 Fougeron
Item No. 48, C.C.P., 10/29/96
That the award by the Commissioner of Community Development of
an emergency demolition contract to Great Lakes Contracting Corp. a cost of
$4,200.00, relating to 194 Fougeron, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Code of the City of
Buffalo.
PASSED
AYES - 13 NOES - 0
No. 117
Waive Permit Fees for the Allendale Theatre Renovation
Item No. 245, C.C.P., 9/17/96
Item No. 120, C.C.P., 10/1/96
Item No. 105, C.C.P., 10/29/96
That this Common Council hereby waives all permit fees that remain
for the Allendale Theatre that is currently being renovated through a
cooperative arrangement between the city and the Theatre of Youth (TOY) Co.
Mr. Franczyk now moved:
That the Common Council hereby waives the General Construction Permit fee in
the amount of $11,443 minus 10% for the Allendale Theatre.
PASSED
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS - 11
NOES - LOCKWOOD, ZUCHLEWSKI - 2
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 118
Thomas J. Corey
Petition to Use 491 Delaware Avenue - Pole Sign
Item No. 87, C.C.P., 10/29/96
That after a public hearing before the Committee on Legislation
on November 6, 1996, the petition of Thomas J. Corey, owner, for permission to
use 491 Delaware Avenue for a pole sign be, and hereby is approved.
PASSED
AYES - 13 NOES -0
No. 119
Benderson Development
Petition to use 2656 Delaware Avenue - Pole Sign
Item No. 88, C.C.P., 10/29/96
That after a public hearing before the Committee on Legislation
on November 6, 1996, the petition of Benderson Development, owner, for
permission to use 2656 Delaware Avenue for a pole sign be, and hereby is
approved on the conditions that the sign have a " Welcome to the City of
Buffalo" notice included and a vegetative base.
PASSED
AYES - 13 NOES -0
No. 120
H. Gantzer
Use 32 Fuhrmann-Pagoda (Hrg 9/10)
Item No. 151, C.C.P., 9/3/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
M.Winters & O
Complaint - Condition of 34 Moeller
Item No. 161, C.C.P., 9/3/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Info. Complaint - 34 Moeller (Police)
Item No. 44, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Reg.Info. ADM (NH)
Item No. 58, C.C.P., 5/28/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 124
J. Pitts-Info. Spec. Use Permit-55 Allen,etc.
Item No. 86, C.C.P., 5/14/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Info-Requirements for Hanging Banners (PW)
Item No. 54, C.C.P., 9/3/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 126
BMHA Security
Item No. 171, C.C.P., 10/1/96
That the above mentioned item be and the sane is hereby received
and filed.
ADOPTED.
No. 127
Restaurant/Dancing Class IV - 1356 East Delavan Avenue
Item No. 55, C.C.P., 10/1/96
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Inspections, Licenses and Permits be, and he hereby is
authorized to issue a Restaurant/Dancing Class IV License to Walter Miller,
proprietor of Bennett-Wells Post 1780, Inc.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 128
Install Conduit - Seventh Street
Item No. 36, C.C.P., 10/15/96
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Daniel R. Emblidge, of Ronco Communications,
acting as agent for Buffalo General Hospital, located at 100 High Street, to
install a conduit within city right-of-way at said address, subject to the
following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary.
2. That the conduit is installed a minimum of 36 inches below the pavement
surface.
3. That the applicant supply the Department of Public Works with a set of "as
built" plans showing the location of said conduit.
4. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
conduit.
PASSED
AYES - 13 NOES -0
No. 129
Re-Appointment of Member to City Planning Board
Item No. 1, C.C.P., 10/29/96
That the re-appointment to the City Planning Board of Cynthia
Schwartz, residing at 833 Auburn Avenue, for a term commencing immediately and
expiring October 9, 1999, be and hereby is confirmed.
ADOPTED.
No. 130
Appointment of Members to Buffalo Board of Parking
Item No. 2, C.C.P., 10/29/96
That the appointments to the Buffalo Board of Parking of Stephanie
Graham, residing at 351 Ashland Avenue, for a term expiring on March 31, 1998;
of Linda J. Nenni, residing at 11 Brittany Lane, for a term expiring on March
31, 1999; of Paula M. Ciprich, residing at 198 University Avenue, for a term
expiring on March 31, 2002; and Evelyn Kerney, residing at 233 Brunswick Blvd.,
for a term expiring March 31, 2003, 1999, be and they hereby are confirmed,
and;
That the appointment of Brenda Follmer is tabled in the Committee on
Legislation.
ADOPTED.
No. 131
Appointment and Reappointment of Members
Buffalo Preservation Board
Item No. 3, C.C.P., 10/29/96
That the appointments and reappointment to the Buffalo Preservation
Board of Sam Gurney, residing at 772 Potomac Avenue, for a term expiring on
August 31, 1998; of Alfred D. Price, residing at 77 Huntington Avenue, for a
term expiring on August 31, 1998; reappointment of John Montague, residing at
775 Bird Avenue, for a term expiring on August 31, 1999, be and they hereby are
confirmed.
ADOPTED.
No. 132
Appointment of Members
Flood Hazard Review Board
Item No. 5, C.C.P., 10/29/96
That the appointments to the Flood Hazard Review Board of Greg
Hewitt, P.E., residing at 92 Fordham Avenue, of Debra Naybor, P.L. S., residing
at 11901 Broadway, Alden; of Rev. S. Theodore Berg, residing at 1974 Seneca
Street, and William Lewis, 146 Choate Street; for terms beginning October 15,
1996 and expiring on October 15, 1998, be and they hereby are confirmed, and;
That the appointment of Philip Snyder, R.A. is tabled in the Committee on
Legislation.
ADOPTED.
No. 133
Designation of Nominees for Appointment
Board of Trustees of Buffalo and Erie County Public Library
Item No. 6, C.C.P., 10/29/96
That the Mayor be and he hereby is authorized to submit to the
County Executive the names of Salvatore R. Martoche, residing at 232 Lincoln
Parkway; Stephen R. Lamantia, residing at 109 Larchmont Road; Bridget Humann,
residing at 72 Lancaster Avenue; as nominees for appointment to the Board of
Trustees of the Buffalo and Erie County Public Library.
ADOPTED.
No. 134
Mtg. Minutes (Bd. Ethics)
Item No. 14, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Notif. Serials 8737-8739 (PW)
Item No. 22, C.C.P., 10/29/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Preventing Organized Dog Fights
Item No. 176, C.C.P., 10/29/96
That this Common Council requests the Corporation Counsel to prepare
an ordinance amendment to increase the fine for possession of an unlicensed dog
from $11 to the current state limit of $25.
ADOPTED.
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 137
Invest Airtek Plant Site
Item No. 36, C.C.P., 3/5/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Invest. Airtek Plant Site (CD)
Item No. 43, C.C.P., 3/5/96
That the above mentioned item be and the same is hereby received
and filed.
Mr. Zuchlewski moved that the above item be recommitted to the Committee on
Community Development.
ADOPTED.
No. 139
LDA-Gal-Van Dev. (Hrg.Hld) (#38,7/9)
Item No. 154, C.C.P., 7/23/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Gal-Van Dev.Proposal-Homeowners Problems
Item No. 140, C.C.P., 10/1/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 141
BEDC-Neighborhood Business Signage
Item No. 86, C.C.P., 10/15/96
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 142
By: Mr. Brown
Citizen Confidentiality
Whereas: When citizens make complaints to city agencies such as
the Police Department or the Inspections Division, they usually do so after
careful consideration of the risks involved, both to themselves and to the
harmony of the neighborhood; and
Whereas: It is crucial that citizens have the option of remaining a
confidential source of information; and
Whereas: When city officials tell offending parties that their neighbors or a
particular neighbor has complained about them it violates the trust that those
neighbors have put in the city and opens them up to retaliation;
Now, Therefore, Be It Resolved That:
This Council finds that citizen confidentiality is an important principle that
must be protected by active city policies; and
Be It Further Resolved That:
The Council requests the Departments of Police, Public Works, Street Sanitation
and Community Development, the Bureau of Administrative Adjudication and the
Dog Enforcement Office to file reports detailing their policies relative to
citizen confidentiality; and
Be It Finally Resolved That:
This Council requests the Law Department to report on what measures can legally
be used to enforce citizen confidentiality policies including warning letters,
letters placed in employee files, suspension, fines and termination.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF
ADMINISTRATION AND FINANCE, COMMISSIONER OF COMMUNITY DEVELOPMENT, COMMISSIONER
OF PUBLIC WORKS, COMMISSIONER OF POLICE, AND COMMISSIONER OF STREETS
SANITATION.
No. 143
By Mr. Brown, Ms. Kavanaugh and Ms. Williams
Cedar Wrecking Contracts
Whereas, Cedar Wrecking has not fully complied with City of Buffalo
Procedures for the demolition of buildings; and
Whereas, Cedar Wrecking has left 362 Walnut partially standing for a length of
time in violation of City of Buffalo Demolition procedures resulting in the
alleged injury of a minor child; and
Whereas, The City Charter requires that City bids be awarded to the lowest
responsible bidder; and
Whereas, The activities with which Cedar Wrecking has been charged would not be
those of a responsible bidder; and
Whereas, The cases pending against Cedar Wrecking allegedly dumping debris at
174 Winslow Ave. have still not been resolved;
Now, Therefore, Be It Resolved, That this Common Council requests the City of
Buffalo not contract with
Cedar Wrecking until the complaints against the company have been completely
resolved.
ADOPTED.
No. 144
By: Mr. Coppola
Pilot Program - Meter Downtown Parking Ramp
Whereas: The City of Buffalo is looking for ways to increase revenue
other than increasing taxes and implementing fees; and
Whereas: As there has been much resistance to selling our parking ramps and
returning them to the tax roles, the City should consider a pilot program
converting all spaces in one of the downtown ramps to electronic meters; and
Whereas: Electronic meters would reduce overhead as attendants would not be
required; and
Whereas: Time on the meters would be bought with credit cards purchased for a
set fee or monthly, and
Whereas: If, after a pre-determined period of time, revenues increase, then all
of the ramps could be converted to electronic meters with all proceeds
dedicated to education in the City of Buffalo.
Now Therefore Be It Resolved that:
This Common Council requests that the Board of Parking undertake a study to
determine which downtown ramp should be used in a pilot program to convert all
ramp spots to electronic meters with credit cards, and
Be It Further Resolved that;
The commissioner of Administration and Finance, and the directors of Budget,
Parking Enforcement, and Treasury respond to this resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE BOARD OF PARKING.
No. 145
By: Mr. Coppola and Mrs. Gray
Nullify Court Order Restricting Credit Union Growth
Whereas, On October 25, 1996, the US District Court of Columbia
declared a permanent injunction banning federal credit unions from adding new
members from select employee groups; and
Whereas: The ruling, which is being challenged by the industry and the National
Credit Union Administration, is seen as a victory for the banking industry,
which will impact over 100 credit unions in the Greater Buffalo Area; and
Whereas: If the injunction is allowed to stand, industry representatives warn
that credit union growth will be hindered, the financial stability of the
industry will be threatened, and the prospect of credit union membership will
be ended for employees of smaller businesses; and
Whereas: State-wide, this injunction also affects 300 credit unions, with 3.2
million members; and
Whereas: Credit unions create competition for the banking industry, generally
charging lower percentages rates for loans, and little or no fees for other
services.
Now Therefore Be It Resolved that;
This Common Council supports Credit Unions and the freedom of choice that they
encourage; and
Be It Further Resolved that;
The City Clerk send copies of this certified resolution to the New York State
Delegation to Congress requesting that the necessary changes be made in the
banking chartering laws which will nullify the current injunction.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND CORPORATION COUNSEL.
No. 146
By: Mr. Coppola
Update on Consolidation of Water Authorities
Whereas: During the early months of 1996, a joint task force was
formed and the City of Buffalo and Erie County were actively pursuing the
consolidation of their two water authorities; and
Whereas: It would be beneficial for this Common Council to receive an update on
the joint consolidation efforts.
Now Therefore Be It Resolved That;
This Common Council requests an update on consolidation of the City and County
Water Authorities from the Masiello administration; and
Be It Further Resolved That;
The City Clerk forward a certified copy of this resolution to the Director of
the County Water Authority for his remarks.
ADOPTED.
No. 147
By: Mr. Coppola
Grant Easement to 494 Elmwood
Whereas: An easement is required from the Buffalo Urban Renewal
Agency for a five foot access path from the northerly boundary of the rear yard
at 494 Elmwood Avenue to the public right-of-way at West Utica Street; and
Whereas: This access path would be used only in case of fire or other
emergency.
Now Therefore Be It Resolved That;
This Common Council requests that the Buffalo Urban Renewal Agency grant a
perpetual access/egress easement for a five-foot path from the northerly
boundary of the rear yard at 494 Elmwood Avenue to the right-of-way at West
Utica Street.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
BURA.
No. 148
By: Mr. Coppola
Request Update on CNG Conversion of City Vehicles
Whereas: The City of Buffalo began converting city-owned vehicles
to compressed natural gas (CNG) in 1992 after it was reported that the Town of
Tonawanda successfully converted to CNG in 1990; and
Whereas: It would be helpful if this Common Council received an update on the
CNG conversion from the Commissioner of General Services.
Now Therefore Be It Resolved That;
This Common Council would appreciate an update on CNG conversion of city-owned
vehicles from the Commissioner of General Services.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF GENERAL
SERVICES.
No. 149
By: Mr. Czajka
Salary Ordinance Amendment
09 - 0 Department of Assessment
001 Assessment
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
relating to 09 - 0 Department Of Assessment 001 Assessment, which reads:
6 Account Clerk $21,126 - $23,588
1 Assessment Clerk $21,126 - $23,588
is hereby amended to read:
5 Account Clerk $21,126 - $23,588
2 Assessment Clerk $21,126 - $23,588
WE, JOSEPH SOLE, Commissioner of Assessment and JAMES B. MILROY, Director of
the Budget, hereby certify that the above changes are necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said positions be fixed at
the respective amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 150
By: Mr. Czajka
Salary Ordinance Amendment
70 - 0 Department of Street Sanitation
013 Cleaning of Streets & Snow Removal
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
relating to 70 - 0 - Department Of Street Sanitation 013 Cleaning of Streets &
Snow Removal, is hereby amended by adding thereto:
7 Truck Driver $21,126 - $23,588
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, VINCENT J. LOVALLO, Commissioner of Street Sanitation and JAMES B. MILROY,
Director of the Budget, hereby certify that the above changes are necessary for
the proper conduct, administration and performance of essential services of
that department. We recommend that the compensation for said positions be
fixed at the respective amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - HELFER - 1
No. 151
By: Mr. Czajka
Guardian Protection Services Advertising Policies
Whereas: In recent weeks residents of Humason Avenue in the Schiller
Park area of the Lovejoy District have received numerous telephone calls from
representatives of Guardian Protection Services, a Williamsville-based security
system company; and
Whereas: The representatives of Guardian told residents that there has been a
recent rash of burglaries in their neighborhood and on their street, and urged
them to protect themselves by installing a Guardian home protection system; and
Whereas: The Guardian representatives apparently has access to police reports,
and told residents that a specific address on Humason had been burglarized; and
Whereas: In fact, the incident cited by the sales representatives was not a
burglary or break-in; and
Whereas: This type of sales solicitation attempts to sell security systems by
creating fear and uneasiness in the minds of residents; and
Whereas: While these tactics might increase sales for Guardian Protection
Services and enhance the company's bottom line, they will also create a false
sense of fear in a community and encourage homeowners to sell their homes and
move out of the City of Buffalo; and
Whereas: These sales tactics are possibly illegal and certainly unethical, and
create a great disservice to the community by trying to create a climate of
fear in order to increase a corporation's profits;
Now, Therefore Be It Resolved:
That this Common Council demand that Guardian Protection Services immediately
cease their very negative and deceptive sales tactics in the City of Buffalo;
and
Be It Further Resolved:
That the Corporation Counsel and the New York Attorney General be requested to
review this matter for possible legal action against Guardian Protection
Services; and
Be It Further Resolved:
That the Police Commissioner be requested to comment on the department's policy
regarding the disclosure of police reports of criminal activity, and whether
any guidelines exist for the use of those reports by commercial enterprises;
and
Be It Finally Resolved:
That the City Clerk certify the passage of this resolution and forward copies
to Guardian Protection Services and the New York State Attorney General.
ADOPT-FINAL RESOLVE ONLY: ALL OTHERS-REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL AND COMMISSIONER OF POLICE.
No. 152
By: Mr. Czajka
Sidewalk Repair at 2245 Genesee Street.
Whereas: In 1991 the City repaired the sidewalks at the property
located at 2245 Genesee Street based on complaints by neighborhood residents;
and
Whereas: At that time the property owner was meeting with area utility
companies about relocating a utility pole partially blocking a garage entrance
to his business as well as with the city's Public Works Department; and
Whereas: The property owner delayed repairs to the sidewalk until movement of
the utility pole was resolved; and
Whereas: Before the pole could be moved the city repaired the sidewalks at the
property owners expense; and
Whereas: This snafu not only left the property owner with the cost or repair
but made the relocation of the utility pole financially prohibitive; and
Whereas: The property owner is seeking to negotiate a settlement accounting for
services received from the city while factoring in hardship caused to his
business because of the repair.
Now, Therefore, Be It Resolved:
That the Law Department and the Public Works Department review this settlement
and report to this Honorable Body on the feasibility of this proposal; and
Be It Further Resolved:
That if this proposal is not feasible that the departments provide other
alternative solutions to solve this matter; and
Be It Finally Resolved:
That the Law Department and the Public Works Department file their response in
time for the November 26, 1996 Common Council meeting.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMMISSIONER OF
PUBLIC WORKS.
No. 153
By: Mr. Franczyk
Funding Recycling Education
Whereas: When this Council passed the 9 month budget for the Solid
Waste Enterprise Fund in July of 1996 it did so based on a full-year budget
that had been agreed upon between the Council and the Director of the Budget;
and
Whereas: That budget included $203,559 for recycling education, including
$150,000 for advertising and promotion, a half time salary for a Recycling
Coordinator who would also spend half time on coordinating sales to commercial
accounts, and a full time salary for a recycling clerk; and
Whereas: The user fee, as set by the Council, is based on optimistic estimates
of increase recycling rates, which were projected to save the city considerable
amounts of money through lower disposal costs and increased recycling revenues;
and
Whereas: Fully funded recycling education efforts are crucial to the financial
health of the enterprise fund and should be started right away now that the
first batch of user fee bills have been sent out and staff can be devoted to
other tasks;
Now, Therefore, Be It Resolved That:
This Council requests the Department of Street Sanitation to file its plan for
recycling education, including its budget for funding this activity, by the
next filing deadline of Thursday, November 21, 1996.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 154
By: Mrs. Gray
Appointment of Legislative Assistant
Now, Therefore, Be It Resolved:
That the Common Council does hereby appoint Willie Morris, 16 Harriet Ave.,
Buffalo, NY 14215, to the position of Legislative Assistant to Council Member,
effective November 4, 1996.
ADOPTED.
No. 155
By: Mr. Quintana, Ms. Gray, Mrs. LoTempio
"Light Duty" Officers Assigned To City Hall Security
Whereas: In an effort to examine ongoing concerns about personnel
and property safety in City Hall, employees were surveyed by Common Council
Staff and over two hundred surveys were returned; and
Whereas: According to the results of the survey, City Hall employees have
experienced numerous problems including theft, vandalism, harassment and other
problems; and
Whereas: Over 90% of those responding expressed the need for additional
security; and
Whereas: Over 50% claimed that the presence of police officers in the lobby and
basement of City Hall would have a positive impact; and
Whereas: Having Buffalo Police officers in the building would serve as a
deterrent to vandalism and other criminal activity while enhancing community
relations with city employees and others who come to City Hall to conduct
business; and
Whereas: The City of Buffalo is currently experiencing a fiscal crisis and
cannot afford to hire a security firm; and
Whereas: At the Legislation Committee meeting on November 6, 1996 the President
of the Police Benevolent Association stated that the P.B.A. has no objection to
the Police Commissioner assigning officers who are on "light duty" for a City
Hall detail;
Now, Therefore, Be It Resolved:
That this Common Council request Police Commissioner Gil Kerlikowske to detail
one or two uniformed police officers who are on "light duty" to City Hall.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No. 156
By: Mrs. Lockwood
Appeal of Decision in GANCO, Inc. vs. City Planning Board
Whereas: In 1994, Harold Gantzer, through his corporation GANCO,
Inc., sued the City Planning Board and this Common Council in the Supreme Court
of the State of New York, Index No. 11289-94, after this Council denied an
amended building permit application for a boat storage building Mr. Gantzer was
constructing on the waterfront that was five times the size of the building
approved in his original permit; and
Whereas: The Referee's Report in this case, which was received by the
Corporation Counsel's Office on November 6, 1996, concludes that this Council
acted in an arbitrary and capricious manner when it denied the amended building
permit application on the basis of protecting the integrity of the permit
process; and
Whereas: The Report also recommends that the Supreme Court order the City to
issue the amended building permit despite the City's safety concerns with the
structure of the building; and
Whereas: Justice Peter J. Notaro has ratified the Referee's Report and adopted
it as the Decision of the Court;
Now, Therefore, Be It Resolved:
That this Common Council instruct the Corporation Counsel to file an appeal of
the Decision in GANCO, Inc. vs. City Planning Board.
ADOPTED.
No. 157
By: Mrs. LoTempio and Mr. Zuchlewski
Ordinance Amendment
Chapter 137- Code Enforcement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended
to read as follows:
Initial Add. Maximum
Fine Penalty Penalty Total
FINE CLASS B $30.00 $30.00 $30.00 $90.00
Drinking in an unlicensed public place or vehicle in a public place, 69-3
It is hereby certified, pursuant to Section 34 of the Charter of the City of
Buffalo, that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter underlined is new.
PASSED.
AYES - 13 NOES - 0
No. 158
By: Mrs. LoTempio and Mr. Zuchlewski
Ordinance Amendment
Chapter 69 - Alcoholic Beverages
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 69 of the Code of the City of Buffalo be amended to read as
follows:
Sec 69-3 Penalty for offenses.
Any person violating the provision of this Chapter may be liable for penalties
as prescribed in Chapter. 137, Article I, of this Code.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter underlined is new.
PASSED
AYES - 13 NOES- 0
No. 159
By: Mrs. LoTempio and Mr. Zuchlewski
Ordinance Amendment
Chapter 137- Code Enforcement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 137-7 of Chapter 137 of the Code of the City of Buffalo be amended
to read as follows:
Initial Add. Maximum
Fine Penalty Penalty Total
FINE CLASS C $52.50 $52.50 $52.50 $157.50
First excessive noise violation, 293-7
Initial Add. Maximum
Fine Penalty Penalty Total
FINE CLASS D $75.00 $75.00 $75.00 $225.00
Second excessive noise violation, 293-7
Initial Add. Maximum
Fine Penalty Penalty Total
FINE CLASS E $105.00 $105.00 $105.00 $315.00
Third and subsequent excessive noise violations, 293-7
It is hereby certified, pursuant to Section 34 of the Charter of the City of
Buffalo, that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter underlined is new.
PASSED
AYES - 13 NOES- 0
No. 160
By: Mrs. LoTempio and Mr. Zuchlewski
Ordinance Amendment
Chapter 293 - Noise
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 293 of the Code of the City of Buffalo be amended to read as
follows:
293-7 Penalty for offenses.
Any person violating the provisions of this Chapter may be liable for penalties
as prescribed in Chapter 137- Article I of this Code.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter underlined is new.
PASSED
AYES - 13 NOES - 0
No. 161
By: Messrs. Pitts, Coppola and Mrs. Gray
Comptroller's Report on City of Buffalo Insolvency
Whereas: The City Comptroller has consistently warned about pending
and potential financial problems the City of Buffalo faces. During these times
the Comptroller has provided various recommendations to address his concerns;
and
Whereas: Presently the Comptroller is advocating various measures which
include; dissolution of the City of Buffalo, various forms of consolidation
with the County of Erie, creation of the Water Authority and now the merger of
the City Water Authority and the Buffalo Sewer Authority; and
Whereas: While there is no consensus on any of these proposed concepts, the
positives and negatives of each are being debated assiduously in City Hall; and
Whereas: Recently, in an interview on a local news program the Comptroller
purportedly stated that the City of Buffalo is insolvent. This comes at a time
when revenue bonds are to be sold to cover current expenses; and
Whereas: If the Comptroller has such dire concerns about the existing solvency
of the City of Buffalo, that information should be brought forward immediately.
Now Therefore Be It Resolved That:
The Common Council requests the Comptroller to provide a report on the City of
Buffalo's present "solvency".
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMPTROLLER.
No. 162
By: Messrs. Pitts and Coppola
TCI Report on Closing of Telemarketing Center
Whereas: TCI officials have informed the City of Buffalo that it
will close its regional telemarketing center on December 15, 1996, just seven
months after it opened this facility on the waterfront; and
Whereas: The telemarketing center, which was proposed by TCI during franchise
renewal discussions, employed over 150 people and was estimated by TCI
officials to have a more than $3 million annual financial impact on the local
economy; and
Whereas: In correspondence to the City, TCI called the telemarketing center "a
significant investment into the economic future of Buffalo" and "an endorsement
of Buffalo as a place to do business;" and
Whereas: In a meeting with the Council's Special Telecommunications Committee
held on October 25, 1996, TCI Director of Marketing Kurt Heitman said that he
made the decision to close the center as part of an overall plan to restructure
its telemarketing strategy, and that he did so without consulting local TCI
officials; and
Whereas: However, in an article that appeared in the November 4, 1996 edition
of Multichannel News, TCI spokesman LaRae Marsik said that "the decision to
close the Buffalo facility was made locally, and it was not part of a plan to
close centers elsewhere;" and
Whereas: At the Telecommunications Committee meeting, TCI of New York General
Manager Paul Meegan promised to deliver a report to this Council detailing the
rationale and justification for the closing of the center no later than Friday,
November 8, 1996;
Now, Therefore Be It Resolved:
That the Corporation Counsel be directed to thoroughly review the closing of
the Telemarketing Center for potential legal action against TCI, including the
possibility of revoking the franchise agreement; and
Be It Further Resolved:
That this Common Council call for TCI of New York to respond to the
Multichannel News article which quoted a TCI spokesperson as saying that the
decision to close the telemarketing center was made by local TCI officials; and
Be It Further Resolved:
That this Council also demand that TCI of New York reaffirm its commitment to
rebuilding the cable system and other provisions of the 10-year franchise
agreement that took effect on January 1, 1996; and
Be It Finally Resolved:
That these reports be filed with the City Clerk no later than 2:00 PM on
Thursday, November 21, 1996.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, THE CORPORATION
COUNCIL AND TCI OF NEW YORK.
No. 163
By: Mr. Pitts
TCI Report on Sale or Swap of Franchise
Whereas: Following TCI's dismal third quarter earnings report,
company President and CEO John Malone said that he would implement measures
which would produce up to $1 billion in free cash flow; and
Whereas: TCI has reorganized various aspects of its operations, and more
changes are anticipated as the cable TV giant attempts to cut expenses; and
Whereas: In the past TCI has "swapped" a number of franchises with other cable
operators in an effort to cut costs by "clustering" systems; and
Whereas: Because of its current financial concerns, it is likely that TCI will
continue and even accelerate its efforts to swap systems; and
Whereas: TCI's Buffalo system has reportedly been mentioned in swap
discussions, since TCI does not have any other adjacent franchises; and
Whereas: Section 8.1 of the franchise agreement between the City of Buffalo and
TCI of New York stipulates that the franchise cannot be transferred or sold
"without the prior written consent of the City;" and
Now, Therefore Be It Resolved:
That this Common Council requests that TCI prepare a detailed and comprehensive
report on any and all discussions regarding the sale or swap of the Buffalo
system involving Adelphia Cable or any other entity; and
Be It Finally Resolved:
That this report be filed with the City Clerk no later than 2:00 PM on
Thursday, November 21, 1996.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATION, THE CORPORATION COUNSEL
AND TCI.
No. 164
By: Mr. Pitts
Challenge TCI Late Fee
Whereas: TCI of New York charges cable TV subscribers a $5.00 "administrative
charge," or late fee, if they are tardy in paying their cable bills; and
Whereas: Although it had no authority to control these fees, this Common
Council has gone on record on several occasions as objecting to TCI's late fee
policy; and
Whereas: In Washington D.C., two subscribers of District Cablevision, the
District's sole cable operator which is owned primarily by TCI, filed a class
action lawsuit challenging the company's policy regarding late fees; and
Whereas: The plaintiffs in the suit claimed that the $5.00 late fee was out of
line with District Cablevision's actual costs of dealing with delinquent
accounts; and
Whereas: They said that the size of the fee, combined with the three to 10 days
allowed before a late fee was assessed, constituted a deceptive and unfair
trade practice; and
Whereas: The plaintiffs argued that, under the D.C. Consumer Protection Law and
contract law, subscribers were entitled to a refund; and
Whereas: A jury ruled in favor of the plaintiffs and ordered District
Cablevision to pay a total of $6.7 million to customers who were charged late
fees during the past five years, and to lower its late fee to $2.43; and
Whereas: The plaintiff's attorney intends to pursue a series of similar
lawsuits against TCI franchises in Denver, Chicago and Baltimore;
Now, Therefore Be It Resolved:
That this Common Council direct the Corporation Counsel to pursue a challenge
of TCI of New York's late fees and billing practices, using outside legal
expertise if necessary, in order to cause a refund of excessive payments made
by subscribers to the cable TV operator.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS, THE CORPORATION
COUNSEL AND TCI.
No. 165
By: Mr. Quintana and Ms. Gray
Explore City Pay Phone Rental and Licensing Arrangements
Whereas: Telecommunications technology is changing rapidly and
business opportunities are growing with the changes; and
Whereas: Other cities have taken advantage of growing competition in the phone
business and have increased their revenues by bidding out pay phone locations
on city property; and
Whereas: The city of Buffalo has 161 public buildings, and it is important that
public phones in those buildings, as well as pay phones placed in the city's
right-of-way, produce maximum revenue for the city;
Now, Therefore, Be It Resolved That:
This Common Council requests the Department of Public Works to file a report
detailing the number of pay phones in city-owned buildings and on city-owned
right-of-way, along with the revenues from these phones and an explanation of
how those revenues are derived; and
Be It Further Resolved That:
This Council requests the Comptroller to come before the Finance Committee to
deliver his opinion on the possibility of increasing revenues through a bidding
process for pay phones on city property; and
Be It Further Resolved That:
This Council requests the Department of Public Works to initiate a bidding
process for pay phones on city-owned properties.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMPTROLLER AND THE CORPORATION COUNSEL.
No. 166
By: Messrs. Quintana, Zuchlewski and Ms. Miller-Williams
Bicycle and Pedestrian Access to the Peace Bridge
Whereas: The Buffalo and Fort Erie Bridge Authority is currently
involved with projects to repair the Peace Bridge, build a second span over the
Niagara River, and reconstruct the plazas on both sides of the bridge; and
Whereas: These projects present the Authority with a remarkable opportunity to
improve facilities for bicyclists and pedestrians to encourage the full use of
the Ontario's Niagara Parkway and Buffalo's Waterfront Greenway System; and
Whereas: Encouraging recreational and alternative transportation is a smart way
to improve the local quality of life and to attract tourism - one of the most
effective ways to boost a local economy by bringing dollars in from outside the
region which then circulate locally;
Now, Therefore, Be It Resolved That:
This Council goes on record in requesting the Buffalo and Fort Erie Public
Bridge Authority to plan for a first class bicycle/pedestrian recreational
trail for the new bridge that will include a safe, comfortable facility of at
least ten feet in each direction for pedestrians and bicyclists; and
Be It Further Resolved That:
This Council requests that pedestrians and bicyclists be accommodated safely
during upcoming construction work, including: maximizing regular bridge access;
reopening the north side of the current span and keeping both sidewalks open as
much as possible, providing guaranteed, free, prompt van shuttle service when
public safety requires cutting off regular access to walkers and bikers; and
continuing to allow cyclists to ride on the bridge sidewalks; and
Be It Further Resolved That:
This Council requests that this resolution be part of the Draft Environmental
Assessment for the Bridge Twinning project and that the Authority be requested
to respond to the points raised in this resolution; and
Be It Further Resolved That:
The Authority be requested to provide an explanation of how the various
projects are being phased and why, despite SEQRA's clear standards against
segmentation, the environmental review process for the twinning and plaza
reconstruction projects has been segmented even though the projects are clearly
related and interdependent; and
Be It Further Resolved That:
Current designs for the plaza on the American side, which require pedestrians
and cyclists to use an elevator to get off the bridge coming from Canada, are
clearly "user unfriendly" and this Council requests the Authority to come up
with alternatives to this design which are more inviting to pedestrian and
bicycle use; and
Be It Further Resolved That:
This Council supports suggestions by Advisory Board members that comfortable
facilities for cyclists and walkers to stop and overlook the Niagara River and
Lake Erie be built into the bridge and plaza designs; and
Be It Further Resolved That:
The Authority be requested to provide this Council with information on any
PILOT payments anticipated for the new bridge and plaza, including any PILOT's
related to parking lots planned for properties on Busti Avenue; and
Be It Finally Resolved That:
This Council directs the City Clerk to immediately send certified copies of
this resolution to the Buffalo and Fort Erie Public Bridge Authority (c/o Mr.
Stephen F. Mayer, P.E. , Operations Manager, Buffalo and Fort Erie Public
Bridge Authority, Peace Bridge Plaza, Buffalo, NY 14213), to the Western New
York Congressional delegation, to Governor Pataki, to the WNY State Legislative
delegation; and to the Niagara Frontier Transportation Commission (438 Main
Street, Bflo. NY 14202).
ADOPTED.
No. 167
By: Mr. Zuchlewski
Ordinance Amendment
Chapter 343 - Promoting General Welfare of Minors in Public Places
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 2 of Chapter 343 of the Code of the City of Buffalo be amended to
read as follows:
SECTION 2 SUNSET PROVISION
This curfew ordinance shall [expire January 1, 1997] be perpetual unless
[enacted again] repealed by the Common Council.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE.
No. 168
By: Messrs. Zuchlewski & Czajka
Legal Definition of a Two Family Dwelling
Whereas: The newly created "User Fee" on garbage collection that
has been enacted sets residential rates according to the number of units in a
particular house, and
Whereas: A large number of homeowners who own homes that are classified as two
family dwellings, by matter of choice, no longer rent the second apartment, and
Whereas: A large portion of those homeowners who choose not to rent the second
apartment are senior citizens, and
Whereas: One family or one person living in a two family home is still charged
a fee as if it were a two family home even though they are putting out less
garbage than two families and in some instances, only one bag, and
Whereas: When someone asks how do they change the classification of their home,
no one can show a legal definition of a two family house in order to give an
accurate answer, and
Whereas: If someone chooses to no longer rent their second unit, they should be
able to have the choice to either legally convert their home or pay the extra
amount in fees, and
Whereas: Suggested methods to convert a double to a single include removing the
sink and cooking facilities in one of the apartments, having a single electric
meter, a single gas meter, filing for a change of use permit, or simply signing
an affidavit,
Now Therefore Be it Resolved:
That this Common Council instruct the Corporation Counsel, the Commissioner of
Community Development, the Commissioner of Administration and Finance and the
Commissioner of Streets to work cooperatively to develop legal definitions of a
single family, two family and three family dwelling for the purposes of
charging the appropriate "User fee."
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, CORPORATION COUNSEL, CITY PLANNING BOARD AND
COMMISSIONER OF ASSESSMENT.
No. 169
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Imam Sirai Wahhaj By Councilmember Pitts
Felicitation for Nicholas Mogavero By Councilmember Williams
Felicitation for Blacks In Government By Councilmember Brown
Felicitation for Virginia Browning-Jennings By Councilmember Pitts
ADOPTED.
No. 170
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
Required-Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
WILLIE MORRIS
ADOPTED.
UNFINISHED BUSINESS
No. 171
Bond Res. $1,000,000 - Constr. NE Bflo. Pkwy.
Res. 186, C.C.P., 10/29/96
Mrs. LoTempio moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
CARRIED.
Mrs. Lotempio now moved that the above item be approved.
Seconded by Mr. Brown.
PASSED.
AYES - 13 NOES - 0
No. 172
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, Nov 19, 1996 9:30 A.M.
Finance Tues, Nov 19, 1996 - following Civil
Legislation Tues, Nov 19, 1996 2:00 P.M.
Community Dev. Wed, Nov 20, 1996, 10:00 A.M.
Education Wed, Dec 4, 1996, 2:00 P.M. in 1417.
Claims Wed, Nov 20, 1996 at 9:00 A.M.
ANCILLARY MEETINGS
Police Reorg. Fri, Nov 22, 1996 at 1:00 PM in 1417
No. 173
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr. Franczyk the Council
adjourned at 3:47 PM.
Charles L. Michaux, III
City Clerk