HomeMy WebLinkAbout96-1126
1No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 26, 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 26, 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 November 12, 1996 were approved.
FROM THE MAYOR
No. 1
Re-appointment of Member to the
City Planning Board
Pursuant to the powers vested in me by Section 316 of the Charter
of the City of Buffalo, I hereby re-appoint Michael Lyons, residing at 86
Marigold Avenue, Buffalo, NY 14215 for a term expiring October 9, 1999.
Mr. Lyons has served as a member of the City Planning Board since 1978.
I hereby certify that Michael Lyons is fully qualified for re-appointment to
the City Planning Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
A. Hurliman, Request to Erect a Sidewalk
Cafe at 1457-1459 Hertel Avenue
Item No. 86, C.C.P., 11/12/96
The City Planning Board at its regular meeting held Tuesday, November
19, 1996 considered the matter referenced above pursuant to Sections 413-59 and
511-59 of the Buffalo Code, Review of Sidewalk Cafes and Restricted Uses in the
Hertel Special District.
The applicant seeks to continue to use an existing sidewalk cafe which
had been approved for the former owner of the eating and drinking
establishment. The cafe will measure 40 by 9 feet (360 square feet) and will
be delineated by a raised wooden platform with a wooden railing. No public
appurtenances are comprised by the cafe and there is ample unobstructed passage
for pedestrians. The Department of Public Works has also reviewed the proposed
cafe extension and had recommended that the applicant be granted a "mere
license" for it. Under SEQR the proposed cafe is considered a Type II action
which does not require further environmental review.
The Planning Board voted to approve the proposed cafe with the following
conditions:
1. that no music is played from the cafe area
2. that no trash receptacles are placed in the cafe area
3. that the cafe close by 11:00 p.m. daily.
RECEIVED AND FILED.
No. 3
T. Corey, Request to Erect a
Ground Sign at 491 Delaware Ave.
Item No. 87, C.C.P., 10/29/96
The City Planning Board at its regular meeting held Tuesday, November
19, 1996 considered the matter referenced above pursuant to Section 387.19 Of
the Buffalo Code, Review of Ground Signs.
The Planning Board voted to receive and file the matter since your
Honorable Body has voted to approve it.
RECEIVED AND FILED.
No. 4
B. Chainani, Request to Convert Retail
Space into a Restaurant at 520 Elmwood Ave.
Item No. 88, C.C.P., 11/12/96
The City Planning Board at its regular meeting held Tuesday, November
19, 1996 considered the matter referenced above pursuant to Section 511-56 of
the Buffalo Code, Review of Restricted Uses in the Elmwood Business District.
The applicant seeks to convert retail space to expand an adjacent eating
and drinking space. The proposed conversion will involve 1,200 square feet.
This will be added to the existing 900 square foot restaurant making a total of
2,100 square feet. A newly constructed public parking lot adjacent to the site
will accommodate parking for the conversion.
The site is located in the EB special zoning district which allows eating
and drinking places provided that they are approved by your Honorable Body.
Under SEQR the proposed conversion is considered a Type II action which does
not require further environmental review.
The Planning Board voted to approve the proposed conversion with the
following condition:
1. that any accessory signage for the proposed restaurant should comply with
the requirements of the underlying zone.
RECEIVED AND FILED.
No. 5
Request for Clarification- Definition-Two Family Dwelling
Item No. 168, C.C.P., 11/12/96
The City Planning Board at its regular meeting held Tuesday, November
19, 1996 considered the matter referenced above pursuant to Section 317.1 of
the City Charter, Review of Referable Matters from the Common Council.
The Councilmember seeks to develop legal definitions for single, double
and three-family dwellings for the purpose of charging user fees. Upon
consideration of this request, the Board feels that the existing definitions
for dwellings and families contained within Chapter 511-4 of the Buffalo Code
define these terms in sufficient detail to determine user fees.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 6
Results of Emergency Bid
Aud Lots 1, 2 & 3
The above stated three parking lots are city owned. Lots 1 and
2 were leased to the Buffalo Sabres and Lot 3 was used by employees of the Aud.
On October 30, 1996 I requested bids (see attached) and held a public bid
opening on November 6, 1996 at 2 p.m. in the offices of the Board of Parking,
1801 City Hall. The results are:
BIDDER MONTHLY RENTAL
Allright Parking Buffalo, Inc. $1111.11
I am in the process of formally bidding the parcels, and I shall report said
results to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO ARTS COMMISSION
No. 7
Change Order #2 for
Contract #91821500
Item No. 9, CCP 5/16/95
The Arts Commission hereby submits to Your Honorable Body the
following Change Order No. 2 with Russell Marti Conservation Services, Inc. for
work related to Art Conservation Services, Contract #91821500:
Additional Work Item #2
Welding of flaws and related work on "Spirit of Womanhood"
Repairs to the foundation and pedestal on "Spirit of Womanhood"
Removal of paint (vandalism) from "Young Lincoln"
Increase: $7,875
Summary:
Original Amount: $62,110
Amount of Change Order No. 1 10,000
Amount of Change Order No. 2 7,875
Correct Amount of Contract 79,985
Funds are available in Account 200-717-028. The Arts Commission respectfully
recommends the above change order be authorized by Your Honorable Body as set
forth above. Thank you for your attention to this matter.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission, dated November
13, 1996, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he
hereby is, authorized to issue change order No. 2 to Russell Marti Conservation
Services, Inc., changes resulting in a net increase in the amount of $7,875, as
more fully described in the above communication, for work relating to Art
Conservation Services, Contract #91821500. Funds for this project are to be
charged to 200-717-028.
PASSED.
AYES - 13 NOES - 0.
FROM THE COMPTROLLER
No. 8
Certificate of Determination
$83,000,000 Revenue Anticipation Note Sale
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION,
ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $83,000,000 REVENUE ANTICIPATION
NOTES - 1996/1997 A OF THE CITY OF BUFFALO, NEW YORK
The Notes are hereby sold at private sale to First Albany Corporation,
Albany, New York, as Managing Underwriter on behalf of itself and other
underwriters pursuant to the Contract of Purchase dated November 12, 1996,
between said Managing Underwriter and the City. The Notes will be dated
November 15, 1996 and will bear interest at the rate (4.25%) per annum, payable
on July 15,1997.
The Notes will be delivered and shall be paid for on or about November
15, 1996 in New York, New York.
An Official Statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 12-25 City
Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 9
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have nine requests for money to finance projects and we
will not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from the General
Fund to the City's Capital Projects Fund in the amount of $2,700,000 for Local
Match - Reconstruction of Streets, $1,500,000 for Reconstruction of Streets -
Various, $2,100,000 for Reconstruction of Amherst Street, $700,000 for
Reconstruction of Michigan Avenue Lift Bridge, $1,250,000 for Reconstruction of
Seneca Street Garage, $100,000 for Reconstruction of Machnica Center, $635,000
for Reconstruction of Shea's Facade, $61,500 for Reconstruction of Ice Rinks -
Various and $100,000 for Reconstruction of PAL Center. The loans will be
repaid when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 201-401-001 BAN/Bond Sale $ 2,700,000
100 Gen 200 Cap Proj 201-401-002 BAN/Bond Sale $ 1,500,000
100 Gen 200 Cap Proj 201-401-003 BAN/Bond Sale $ 2,100,000
100 Gen 200 Cap Proj 201-401-004 BAN/Bond Sale $ 700,000
100 Gen 200 Cap Proj 201-401-005 BAN/Bond Sale $ 1,250,000
100 Gen 200 Cap Proj 200-402-044 BAN/Bond Sale $ 100,000
100 Gen 200 Cap Proj 201-402-001 BAN/Bond Sale $ 635,000
100 Gen 200 Cap Proj 201-402-002 BAN/Bond Sale $ 61,500
100 Gen 200 Cap Proj 201-717-001 BAN/Bond Sale $ 100,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Quarterly Financial Data
This is to advise that a summary report of the Appropriation,
Expenditure, Encumbrance and Revenue activity and Balance Sheets of the City of
Buffalo General Fund for the period July 1 through September 30, 1996 have been
delivered to the Common Council Chief-of-Staff Michael Williams.
This is in response to your request for quarterly financial data. We
have also submitted this data to the Budget Office and it is made available to
departments and divisions individually in printed format and via their "on-line
computer terminals."
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The Summary of Appropriation/Accounting Activity summarizes line item
data by function within departments and divisions, and includes the General
City Charges line accounts, i.e.: departments with an 81X identifier.
The Summary of Revenue Report summarizes individual revenue accounting
activity by department and division, and also summarizes all revenue activity
by source (NYS, Federal, etc.). The Revenue activity for Department 810 -
General City is included.
The Balance Sheets reflect the City's assets, liabilities and fund equity
for the period cited above.
REFERRED TO THE COMMITTEE ON THE BUDGET.
No. 11
P. Mahiques - Water Bill 145 Ladner
Item # 77, C.C.P. 11/12/96
The above item has not been referred to this office for reply,
however, I wish to provide information on the topic of collection practices by
Amana Capital Corporation, namely the referral of City debtors to Jones Realty.
Attached are copies of correspondence between the Director of Collections
and Lawrence Meyers, President of Amana Capital Corporation, which, I believe,
address the concerns raised. Amana has been instructed to discontinue the
practice of referring debtors to specific companies. Amana has verified that
there is no personal or business relationship to Jones Realty.
Please advise if there is a need for further action on the part of this
office.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 12
Division of Audit
Reply to Public Works Commissioner Comments
Item No. 28, C.C.P. 11/12/96
The audit report was sent to the Commissioner on August 20, 1996.
At least two requests were made to the Commissioner to discuss the findings
and recommendations of the report before he finally agreed to an exit
conference on Tuesday, October 15, 1996. Interestingly, none of the
contentions he enumerated to your Honorable Body were aired to us at the time
of our meeting with him.
The Commissioner makes three criticisms. Our responses to them follow
each:
1) "...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.'
Response: There is nothing in the audit report giving an estimate of money to
be saved. All that is recommended is that the City Administration examine the
feasibility of merging the Division of Water and the Buffalo Sewer Authority.
The $1 million dollar figure alluded to appeared in a newspaper article
of the audit and is taken from the 'Preliminary Analysis of Merger' report
prepared by the accounting firm of Ernst & Young in June 1993. This
Preliminary Analysis has been provided to the City Administration, the
Commissioner of Public Works and the Buffalo Sewer Administrator.
2) "The audit also points out that the Division of Water has nearly $13
million in outstanding arrears. This figure is not accurate...What is very
perplexing is that the Comptroller, through his collection division, is
responsible for the collection of outstanding debts.'
Response: The audit report states, in Finding E,: 'We found accounts owing
$250 or more in water and sewer arrears, including interest, totaling
approximately $13 million dollars." The audit summation talks of
"...outstanding receivables (plural) of nearly $13 million cannot be
tolerated."
No where does the report talk of water arrears alone being $13 million.
Further, it is not completely true that the Comptroller is responsible for the
collection of outstanding debts. The Comptroller, through his Collection
Division, has been working with Amana Capital Corporation on accounts in
arrears five quarters or more. However, bills in arrears less than five
quarters are the responsibility of the Water Collections Unit. The audit report
brings out how the commitment letter and shut off programs need improvement.
The Department cannot absolve itself of any responsibility in this matter.
3) "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."
Response: The audit report states, in Finding J, 'We recommend that the Water
Board meet with the heads of the various functions within the Water Department
on at least an annual basis to discuss the problems confronting them and ways
of improving the Division.' The audit summary states: '...it is important for
the Water Board to meet frequently with the appropriate division heads to
maintain contact with the department.'
Exactly where in our report does it mention the Water Board being
involved with the day to day operations? However, why would the Board not want
some contact with the Division of Water as the audit recommends? In the
Operating Agreement between the City of Buffalo and the Buffalo Water Board,
dated September 24, 1992, Article 3, Section 3.1 (b) states: '...the City
agrees that the Board shall be entitled to advise and consult with the City and
appropriate officers and employees thereof in all substantially material
decisions affecting the operation and management of the System'. Further, in
the Financing Agreement between the Buffalo Municipal Water Finance Authority
and the Buffalo Water Board, dated September 24, 1992, Article 6, Section 6.1
(c) states: 'The Board shall review the adequacy of fees, rates, and charges at
least annually. If such annual review, or the report of the Rate Consultant
pursuant to Section 6.2 hereof, indicates that the rates, fees and charges are,
or will be, insufficient to meet the requirements of this Section 6. 1, the
Board shall promptly take the necessary action to cure or avoid any such
deficiency. The Board hereby agrees that it will diligently pursue the actions
necessary to cure or avoid any such deficiency.' How can any of this be done
responsibly unless there is some contact with the Division? It seems that the
Commissioner is arguing, through the complete misunderstanding of our
recommendations, that the Water Board should operate in a vacuum.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Appointment - Arts & Cultural Funding Advisory Committee
Pursuant to Chapter 6, Article V, Section 30 of the Charter of
the City of Buffalo, I hereby make the following appointment to the Arts &
Cultural Funding Advisory Committee for a one (1) year term.
Kathleen A. Mecca
763 Columbus Parkway
Buffalo, New York 14213
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 14
Info Certiorari Proceeding - Aim Corrugated, 34 Manitoba
Item #118, CCP 11/12/96
Per the request of the Finance Committee for additional information
on the above noted item I have researched the following areas; water and tax
charges and condition of the facility. According to information obtained from
the Division of Water, the water and sewer charges are all current. The
1996-97 city tax and sewer rent are also current with only the second
installment, which is not due until December 31, remaining unpaid.
In my opinion the condition of the property is good and I have enclosed a
copy of a report from Saperston Real Estate dated January, 1995 which offers
both general information about the property along with photographs.
I hope this will be of assistance in making a determination about the
certiorari settlement currently before you.
RECEIVED AND FILED.
No. 15
Mahiques - Water Bill 145 Ladner
Item #77, C.C.P. 11/12/96
The above noted item was referred to this department for comment.
The scope of authority for the Department of Assessment does not extend to
water charges and as such this office is unable to comment on the particulars
of Mr. Dean Drew's communication.
A search of Department of Assessment records indicates that the property
assessed as 145 Ladner is coded as a 3 family structure with an assessed value
of $60,000. The 1995-96 city tax and sewer rent is unpaid and with interest
computed to 11/30/96 totals $1,477.02. The current year, 1996-97, taxes and
sewer rent are also unpaid and with applicable interest penalty on the portions
past due equals $1,305.04.
Unpaid city tax arrears have not been turned over to Amana Capital
Corporation or any collection agency for that matter. Rather the Department of
Assessment utilizes a series of notices and letters coupled with the In Rem
Foreclosure process to collect the unpaid arrears without incurring the expense
of hiring an outside agency.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Legal Definition 2 Family Dwelling
Item #168, C.C.P. 11/12/96
The above noted item was referred to this department for comment.
Although the Department of Assessment maintains data related to property
categories, these classifications are established by agencies other than this
office. New York State Board of Real Property Services, formerly the State
Board of Equalization and Assessment, states that class codes should describe
the overall use of the property for assessment purposes. Building construction
guidelines suggest a two family dwelling would be one with separate facilities
for each unit and entrances that are also separate and secure. The Department
of Assessment is an end user of these guidelines established by others and as
such we are not in a position to give definition to the categories.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 17
Notification Serial #8740
Install Stop Sign (Police Emergency) in Schlenker Street at Schmarbeck Avenue
STOP SIGN - INSTALL (POLICE EMERGENCY)
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: STOP SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
Schlenker Street Schmarbeck Avenue
Police Emergency - This action is being taken in order to provide a safe and
controlled intersection at a previously uncontrolled intersection.
Notification Serial #8741
Install Stop Sign (Police Emergency) in Schlenker Street at Person Street
STOP SIGN - INSTALL (POLICE EMERGENCY)
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: STOP SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
Schlenker Street Person Street
Police Emergency - This action is being taken in order to provide a safe and
controlled intersection at a previously uncontrolled intersection.
Notification Serial #8742
Install Stop Sign (Police Emergency) in Rommel Avenue at Schlenker Street
STOP SIGN - INSTALL (POLICE EMERGENCY)
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: STOP SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
Rommel Avenue Schlenker Street
Police Emergency - This action is being taken in order to provide a safe and
controlled intersection at a previously uncontrolled intersection.
Notification Serial #8743
Install Stop Sign (Police Emergency) in Schmarbeck Avenue at Schlenker Street
STOP SIGN - INSTALL (POLICE EMERGENCY)
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, Unending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by adding thereto the following: STOP SIGN
VEHICLES ON SHALL STOP BEFORE ENTERING
Schmarbeck Avenue Schlenker Street
Police Emergency - This action is being taken in order to provide a safe and
controlled intersection at a previously uncontrolled intersection.
Notification Serial #8744
No Standing School Days - Repeal on Davidson Avenue, south side from Bailey
Avenue to the east property line of St. James Church
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Davidson Avenue, south side 8:00 a.m. - 4:00 p.m.
from Bailey Avenue School Days
to the east property line of
St. James Church
This action is being taken as the grammar school at St. James Church is no
longer open and the restriction is no longer needed.
Notification Serial #8745
No Turns on Red - 24 hr. - Repeal
Clinton Street at South Ogden Street
NO TURNS ON RED - 24 HR. OPERATION - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five (45) days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of the Subdivision I of Section 38 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
TURNS PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECT PD TIME
Clinton Street South Ogden Street 24 hours
traveling east and east and west side
west bound
This restriction is being repealed as requested by residents of the region
through their Councilmember. (See next serial)
Notification Serial #8746
No Turns on Red -6:00 a. m. to 7:00 p.m.- install
Clinton Street at South Ogden Street
NO TURNS ON RED - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five (45) days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of the Subdivision I of Section 38 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following-. TURNS
PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECT PD OF TIME
Clinton Street South Ogden Street 6:00 a.m. to 7:00 p.m.
traveling east and east and west side
west bound
This restriction is being installed as requested by residents of the region
through their Councilmember. (See previous serial)
Mrs. LoTempio moved to receive and filed Notification Serial # 8744 and the
balance of the item is referred to the Committee on Legislation.
ADOPTED.
No. 18
ADA Compliance - Marine Midland Arena
Item No. 185, C.C.P. 10/29/96
The referenced item was referred to this department for comment.
The Plan Review Office of the Department of Public Works reviewed the plans
for the Marine Midland Arena for compliance with the provisions of the State's
Building Codes. We do not have any jurisdiction with regards to the Americans
with Disabilities Act. Compliance with those requirements rests with the
United States Justice Department.
REFERRED TO THE STADIUM & AUDITORIUM TASK FORCE.
No. 19
Permission to Prepare Plans & Specifications and Advertise for Improvements to
Buffalo Zoo Sidewalks - Group #429
Item #158, C.C.P., 7/9/96
Item #237, C.C.P., 7/23/96
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for Improvements to
Buffalo Zoo Sidewalks at the following locations:
Parkside - Jewett to Crandall Drive
Crandall Drive - Parkside to Colvin
This project will include ten (10) foot wide sidewalk, sodding, fence
relocation, and a turnstile for a handicapped entrance.
This project was approved as part of the 1996-1997 Capital Improvements
Budget. These bonds have been sold in October of 1996 and the proceeds shall
be deposited in the Capital Projects Fund, Department of Public Works, Division
of Buildings Account #200-402.
***Bond Account number to be determined at a later date.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
November 12, 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
Improvements to Buffalo Zoo Sidewalks at the locations listed in the above
communication. Funds for this project were approved as part of the 1996-97
Capital Improvements Budget and bonds have been sold in October of 1996 and the
proceeds shall be deposited in the Capital Projects Fund, Department of Public
Works, Division of Buildings Account #200-402.
PASSED.
AYES - 13 NOES - 0.
No. 20
Permission to Prepare Plans/Specifications and Advertise for Proposals For the
Completion of Lakefront Boulevard
Item No. 16; C.C.P. 01/09/96
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the completion of
Lakefront Boulevard.
Funds will he available in a future bond sale.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
November 18, 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
completion of Lakefront Boulevard. Funds will be available in a future bond
sale.
PASSED.
AYES - 13 NOES - 0.
No. 21
Permission to Engage Consultant
Machnica Center Reconstruction
I respectfully request Your Honorable Body's permission to engage
an Architectural/Engineering consultant to prepare plans, specifications,
advertise and receive proposals for the Reconstruction of the Machnica Center,
1799 Clinton Street.
Funds for this work will be in Capital Project Fund 200-402-044.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
November 21, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
engage an Architectural/Engineering consultant to prepare plans,
specifications, advertise and receive proposals for the Reconstruction of the
Machnica Center. Funds will be available in Capital Project Fund 200-402-044.
PASSED.
AYES - 13 NOES - 0.
No. 22
Permission to Engage Consultant
Apollo Theater Reconstruction
I respectfully request Your Honorable Body's permission to engage
an Architectural/Engineering consultant to prepare plans, specifications,
advertise and receive proposals for the Reconstruction of the Apollo Theater,
1346 Jefferson Avenue.
Funds for this work will be in Capital Project Fund 200-402-536.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
November 20, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
engage an Architectural/Engineering consultant to prepare plans,
specifications, advertise and receive proposals for the Reconstruction of the
Apollo Theater, 1346 Jefferson Avenue. Funds will be available in Capital
Project Fund 200-402-536.
PASSED.
AYES - 13 NOES - 0.
No. 23
Mahiques Water Bill- 145 Ladner St.
Item No. 77, C.C.P. 11/12/96
The referenced item was sent to this department for our response.
A major concern stated in the letter from Mr. Drew was the contention that
Amana Capital referred Mr. Mahiques to a Mr. David Meyers to obtain a loan to
pay off his water arrears. I have been in contact with Mr. Lawrence Meyers of
Amana Capital, and he has assured me that there is no relationship between
himself and David Meyers, and that there is no corporate relationship between
Amana and Jones Realty with whom David Meyers is associated with.
Peter Mahiques has been representing a Ms. Mary Mahiques who is the owner
of the property at 145 Ladner. There has been no payment made on this account
for over five (5) quarters. Amana Capital has been unable to obtain any
financial information from either Mahiques to substantiate their contention
that they are unable to pay for service. In June of 1996 Mr. Mahiques promised
to pay $200 per month, but has yet to pay anything. We have found no
documented health problems to warrant any special consideration, and we,
therefore, ordered service to this facility terminated.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Change In Contract - Change Order No. 1
Heater Scarifying of City Pavements - 1996/97
Group #424 - Highway Rehabilitation, Corp.
Contract #91878200
Item No. 26, C.C.P. 7/23/96
I hereby submit to our Honorable Body the following unit price
additions to the contract for the above named Project. This change order was
necessary to complete the overlay program. Quantity necessary for the
completion of Crescent Avenue between E. Humboldt Pkwy. and Florence Avenue was
beyond the original scope of this contract and was unforeseen.
Contract Unit Estimated Estimated
Item Description Price Quantity Cost
04.320 Bituminous Asphalt $2.56/s.y. 3397.46 s.y. $8,697.50
Heater Planing
Total Change Order No. 1 $8,697.50
Contract Summary
Contract Base Bid $417,868.00
This Change Order No. 1 $ 8,697.50
Total Contract Amount $426,565.50
Fund for this change order ($8697.50) are available in Division of
Engineering 0 & M Account 4100-401-014-0056 I. This work will require no
extension of time.
I respectfully certify that this change order is fair and equitable for
the work involved, and respectfully request that your Honorable Body approve
the subject Change order and authorize the Commissioner of Public Works to
issue said change order to Highway Rehabilitation, Corp.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 25
Change in Contract
Precinct 13 Expansion
Electrical Contract
I hereby submit to Your Honorable Body the following changes for
the Precinct 13 Expansion, Electrical Contract, Warrens Electric Co. - C
#91849800.
1. Modify light poles to avoid high voltage power lines as requested by
Niagara Mohawk. Add $ 568.10
2. Add electrical service to unit heater in Vestibule 101.
Add $ 178.25
3. Revision to Lieutenants Locker Room as requested by Police Department.
Add $ 787.98
4. Install #2 crushed stone backfill in parking area in lieu of excavated
material (found to be unacceptable).
Add $5,986.90
The foregoing change results in a net increase in the contract of Seven
Thousand Five Hundred Twenty One and 23/100 Dollars ($7,521.23).
Summary: Original Amount of Contract $179,980.00
Change Order #1, CCP 09/03/96, item #38 Add 3,975.00
Amount of This Change (No. 2) Add 7,521.23
Revised Amount of Contract $191,476.23
Second bidder was Grand Island Electric in the amount of $203,490.00.
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF 200-402-013 - 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 AND THE CORPORATION COUNSEL.
No. 26
Change in Contract
Precinct 13 Expansion
Plumbing Contract
I hereby submit to Your Honorable Body the following changes for
the Precinct 13 Expansion, Plumbing Contract, H & M Plumbing - C #9 1 850000.
1. Change fixtures in Rooms 136, 153 and 162. Add $ 383.73
2. Substitute PVC in lieu of cast iron on certain piping.
Deduct $3,563.00
3. Install duplex sump pumps and controls in existing basement.
Add $3,686.00
The foregoing change results in a net increase in the contract of Seven
Thousand
Six Hundred Thirty Two and 73/100 Dollars ($7,632.73).
Summary: Original Amount of Contract $136,876.00
Amount of This Change (No. 1) Add 506.74
Revised Amount of Contract $137,382.73
Second bidder was A. Garalek & Sons, Inc. in the amount of $137,000.00.
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF 200-402-013 - 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 AND THE CORPORATION COUNSEL.
No. 27
Change in Contract
Precinct 13 Expansion
HVAC Contract
I hereby submit to Your Honorable Body the following changes for
the Precinct 13 Expansion, HVAC Contract, Joseph Davis, Inc. - C #91853200.
1 - Revisions to Lieutenants Locker Room as requested by the Police Department
Add $ 1,190.00
The foregoing change results in a net increase in the contract of One Thousand
One Hundred Ninety and 00/100 Dollars ($1,190.00).
Summary: Original Amount of Contract $247,100.00
Change Order #1, CCP 10/1 5/96; item #116 Add 6,619.54
Amount of This Change (No. 2) Add 1,190.00
Revised Amount of Contract $254,909.54
Second bidder was Mollenberg Betz, Inc. in the amount of $249,000.00.
These changes could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF 200-402-013 - 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 AND THE CORPORATION COUNSEL.
No. 28
Change in Contract
Timothy J. Burvid Ice Rink
Feeder for Dehumidification Units
Item No. 26, CCP 10/01/96
I hereby submit to Your Honorable Body the following changes for
the Timothy J. Burvid Ice Rink, Feeder for Dehumidification Units, Metro
Electrical Construction - Order No. 11516920.
1. Control circuit modification. Add $301.00
The foregoing change results in a net increase in the contract of Three Hundred
One and 00/100 Dollars ($301.00).
Summary: Original Amount of Contract $7,350.00
Amount of This Change (No. 1) Add 301.00
Revised Amount of Contract $7,651.00
Second bidder was Modern Tech in the amount of $9,250.00.
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are available in CPF 200-402-016 - Division of
Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 29
Change in Contract
Floor Reconstruction
Engine 24, Ladder 7
Engine 38, Ladder 13
I hereby submit to Your Honorable Body the following changes for
the Floor Reconstruction, Engine 24, Ladder 7, Engine 38, Ladder 13, The Hadala
Corp. - C #91880200.
1. To change from the 1-1/2" binder to 4" binder at the blacktop areas at
both engine houses. Add $ 2,844.00
The foregoing change results in a net increase in the contract of Two Thousand
Eight Hundred Forty Four and 00/1 00 Dollars ($2,844.00).
Summary: Original Amount of Contract $123,000.00
Amount of This Change (No. 1) Add 2,844.00
Revised Amount of Contract $125,844.00
Second bidder was Nichter Construction in the amount of $133,000.00.
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are available in B/F 200-402-008 - Division of
Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 30
Change in Contract Ken Bailey Recreation
Center 2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken Bailey Recreation Center, Nichter Construction Co., Inc., General
Construction -C #91820500.
1 . Furnish and install 18 single tier and 67 double tier athletic lockers
and 6 benches in Rooms 115 and 120 as requested by the Ken-Bailey
Recreation Community. Add $ 12,444.00
2. Furnish and install 20 additional single-tier wardrobe type lockers, new
concrete base with ceramic tile cove base and 2 benches in Auxiliary Locker
Room 222 as requested by the Police Department.
Add $ 9,694.00
The foregoing change results in a net increase in the contract of Twenty Two
Thousand One Hundred Thirty Eight and 00/100 Dollars ($22,138.00).
Summary:
Original Amount of Contract $3,151,000.00
Change Order #1, CCP 1/9/96; item 11 Add 87,853.00
Change Order #2, CCP 1/23/96; item 22 Add 6,544.00
Change Order #3, CCP 2/20/96; item 51 Add 7,416.00
Change Order #4, CCP 5/14/96; item 30 Add 737.00
Change Order #5, CCP 7/9/96; item 15 Add 15,443.00
Change Order #6, CCP 7/23/96, item 39 Add 13,647.00
Change Order #7, CCP 9/3/96; item 40 Add 4,083.00
Change Order #8, CCP 10/1 /96; item 115 Add 15,455.00
Amount of This Change (No. 9) Add 22,138.00
Revised Amount of Contract $3,324,316.00
Second bidder was The Hadala Corp. in the amount of $3,181,000.00.
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
CPF 200-402-022 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 31
Michigan Avenue Lift Bridge
Deck Replacement Contract
Change order No. 1
Contract 491842501
Item No. 44, C.C.P. 10/25/95
I hereby request permission from Your Honorable Body to allow
the Commissioner of Public Works to grant the following change in contract to
Gateway Welding, Inc. for an increase in the quantity of grating for the
Michigan Avenue Lift Bridge.
We have received a request, from Gateway Welding, Inc. for a quantity of
grating increase by 210 SF over that quantity shown on the bid sheet
"Approximately 9260 sq. ft.
We accurately show the Finished Deck area (net area) on the drawings and
on the bid forms. This area does not, however, take into account the cutting
waste generated by skewed ends of this deck. Payment of this addition would
result in a price addition (based on cost per SF) to the contract of 210 sq.
ft. x $70.00/SF or an increase in this item of $14,700.00.
CONTRACT SUMMARY:
Original Contract Amount $922,900.00
Change Order No. 1 $ 14,700.00
New Contract Amount $937,600.00
The second lowest bid for this project was Hargrove Construction with a
bid of $945,000.00.
I respectfully certify that this change order is fair and equitable for
the work included and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
the change in contract to Gateway Welding, Inc. in the amount of $14,700.00
Funds for this additional work are available in the Division of
Engineering Account No. 200-401-024.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 32
Hopkins Street
Railway Crossing
Mr. Robert H. Moffett, President of Colgate Heating Corporation,
located at 142 Colgate Avenue, has requested permission to utilize an existing
"at grade" railroad crossing located on Hopkins Street approximately one-half
mile south of Tifft Street.
Colgate Heating Corporation has a pending purchase agreement with South Buffalo
Railway, the present owner of the railroad tracks.
The Department of Public Works has considered Mr. Moffett's request to encroach
City right-of-way pursuant to Chapter 413.67 (Encroachment Regulations) 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 encroachment
provided the following conditions are met:
1. That the applicant be responsible for maintaining said railroad tracks
and abutting asphalt.
2. That if and when the tracks become obsolete, the applicant be responsible
for removing said tracks and restoring City right-of-way to its original
condition.
3. That when said tracks are in actual use, the applicant is responsible for
adhering to all applicable chapters and sections of the Transportation Code of
Federal Regulations.
4. That the Department of Public Works he provided with a certificate of
insurance, listing the City of Buffalo as additional insured, in the amount of
one million dollars.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 33
Amended Agreement - Zemco Industries
Attached is a letter from Zemco Industries regarding additional
work that was required as a result of the relocation of the City's 48"
watermain. We had originally planned to abandon the existing line in place.
Zemco felt it would be necessary to remove the line in order to construct their
new facility. We requested a price from our contractor for removal and the
filling of the resulting trench. We felt that the price we received was too
high. Zemco thus had their contractor perform the work.
Zemco's request at this time is to recoup one-half of the cost of the removal
and trench backfill. Under Zemco's proposal, they would receive a credit of
$17,744.80 against the $40,000 payment that is due to the City as their
contribution to the project. Considering that the price that we received from
our contractor was $50,000, I feel that Zemco's offer is fair and equitable.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue an amended agreement with Zemco Industries to provide Zemco with a
credit of $17,744.80 against the $40,000 payment which is to be made by Zemco
to the City as a contribution to the cost of the waterline relocation and
removal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Erie Basin Marina
Request for Proposals New Lease
I hereby request permission from Your Honorable Body to allow
the Commissioner of Public Works to advertise and receive proposals and to
enter into contract for a new operator of the Erie Basin Marina. The old lease
with the Aud Club expired November 1, 1996.
The results of these proposals will be reported to the Common Council.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 35
Update on Consolidation of Water Authorities
Item No. 90, C. C. P. 11/12/96
The referenced resolution was sent to this department for comments.
As part of the joint task force between the City and the Erie County Water
Authority, two agreements were developed. The first agreement dealt with the
short-term lease of County Water Authority equipment for use in a preliminary
leak detection program in the City. Work covered by this agreement was
performed in October 1996, and results are currently being tabulated.
The second agreement covered laboratory services that are routinely done by the
Division of Water. Under this agreement two chemists currently employed by the
City would be transferred to the Erie County Water Authority, and all testing
would be provided by the Authority. As you know, major changes were made in the
Erie County Water Authority's Board of Commissioners and their Executive
Management. These people now feel that the agreement entered into is not in the
best interest of the Erie County Water Authority. We are currently negotiating
with them to try to save the agreement if possible. I have made contact with
the City Corporation Counsel to determine our rights under the agreement, and I
will take action based on his reply.
We are also having conversations with the Authority regarding the possibility
of the City buying bulk water from the Authority. Should this prove
economically and technically feasible, we may be able to cease operations at
our treatment facility. No other consolidation talks are currently under way.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Renaming of Various Street Segments
I have received the attached letter from the U.S. Postal Services
indicating their opposition to the Common Council renaming of a portion of 16th
Street and a portion of Prospect Avenue. This matter is being brought to the
Council's attention for your information.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Citizen Confidentiality
Item No. 142, C.C.P. 11/12/96
It is the policy of this department to not offer any information
about a complainant unless we are required to do so under the Freedom of
Information Law. Such requests that are filed under the law are referred to
the Corporation Counsel for their opinion.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 38
Request for Stop Signs on
Washington Street at Virginia Street
Item No. 77, C.C.P. 05/14/96
This is in response to Item No. 77 of May 14, 1996 which requested
the installation of stop signs on Washington Street at Virginia Street. Please
be advised that the Department of Public Works - Traffic Engineering Division
has investigated this request.
Research of accident records and inspection of the site determined that the
installation of stop signs on Washington Street at Virginia Street was
warranted. Therefore, my department presented Notification Serial No.'s 8737 -
8739 to Your Honorable Body on October 29, 1996. These serials were approved
at the Council meeting of November 12, 1996 and this department is proceeding
with the work necessary to complete the installation of these stop signs.
RECEIVED AND FILED.
No. 39
Request for Traffic Signal - High and Washington Streets
Item No. 90, C.C.P. 04/16/96
This is in response to Item No. 90 of April 16, 1996 which requested
the installation of a traffic control signal at the intersection of High and
Washington Streets. Please be advised that the Department of Public Works -
Traffic Engineering Division has investigated this request.
An intensive traffic study of this intersection was performed over the past
several months to determine if a traffic signal was warranted at this location.
Results of this study have found that not one of the seven (7) warrants, as
contained in the New York State Department of Transportation Manual of Uniform
Traffic Control Devices, was met.
Therefore, given the above, this department will not be installing a traffic
control signal at the intersection of High and Washington Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 40
Two-way Conversion -Swan Street
between Elm and Oak Streets
Item No. 81; C.C.P. 11/12/96
This is in response to Item No. 81 of November 12, 1996 requesting
the conversion of Swan Street between Elm and Oak Streets to two (2) - way
traffic. Please be advised that the Department of Public Works - Traffic
Engineering Division has investigated this request.
This department has no objection to, and supports, the conversion of Swan
Street between Elm and Oak Streets to two (2) - way traffic. However, in order
to accomplish this task, the traffic signals along Swan Street at Elm Street
and Oak Street would need to be modified. The maintenance and operation of
these signals is under the jurisdiction of the New York State Department of
Transportation. The State must, therefore, agree with this conversion and be
willing to perform the necessary signal modifications.
It is the opinion of this department, that if Your Honorable Body is in
agreement with this conversion, that the New York State Department of
Transportation be requested to consider and approve this project. With the
State's concurrence, Public Works stands ready to convert this portion of Swan
Street to two (2) - way traffic.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Access to Towne Gardens Plaza
Item No. 89, C.C.P. 04/16/96
This is in response to Item No. 89 of April 16, 1996 regarding
access to the Towne Gardens Plaza. Please be advised that the Department of
Public Works - Traffic Engineering Division has investigated the situation.
This department is in agreement with the request and will begin to prepare
plans and specifications for the following:
1) Improvements for traffic movement on William Street at Jefferson Avenue
and
2) "Opening" of the island median on William Street at Cedar Street
The above will provide for turning movements from William Street to adjacent
side streets and the plaza area.
These projects will be designed through the "inter with construction planned
for the Spring of 1997,
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Cost Estimate for Downtown Traffic Study/Options
Item No. 195, C.C.P. 10/29/96
This communication is in response to the subject resolution which
requested cost estimates for various options presented in the Buffalo CBD
Traffic Study dated September 1995 by the Niagara Frontier Transportation
Committee (NFTC) in conjunction with the City's consultant, Erdman Anthony.
Major recommendations contained in the study are as follows:
*2-Way Conversions
Washington Street
Ellicott Street
Chippewa Street
Huron Street
*Improvements to Michigan Avenue Corridor
*Reopen Mohawk Street across Main Street
*Church Street Corridor
In regards to 2-way conversions, please be advised of the following:
1.) Chippewa Street has been converted to 2-way traffic from Ellicott Street
to Elmwood Avenue using City funds at a cost of $125,000 +.
2.) Pearl Street and Washington Street are both presently in the design
stage for 2-way conversion. Cost estimates for each are $400,000 and $450,000
respectively using available City funds. Work will include new signage,
pavement markings and traffic signal modifications as necessary. We hope to
implement these projects by the Fall of 1997. These changes provide 2-way
streets, one block either side of Main Street.
3.) Ellicott Street 2-way conversion has no funds available and is not being
studied further at this time. Preliminary cost estimates for this project are
in the range of $500,000.
4.) Huron Street 2-way conversion also has no funding allocated at this time.
Preliminary cost estimate for this project is $250,000.
Michigan Avenue Corridor Improvements are being addressed as part of several
ongoing and or future projects. Recent improvements to traffic signals at the
intersections of Scott, Perry and South Park were completed as part of our
Arena Roadway Improvements Project Phase 11. Future projects in the design
phase utilizing State and Federal funds are: replacement of the Michigan Avenue
Bridge - scheduled for construction in the year 2000 at a total cost of $9.8
Million and Michigan Avenue Signal System Improvements - scheduled for
construction in 1999 at a total cost of $600,000.
Re-opening of Mohawk Street across Main Street is suggested in the report in
order to improve circulation patterns in the CBD. Further discussions with
NFTA are necessary to determine potential impacts on the LRRT System and
associated costs.
Church Street corridor improvements are suggested in the report which consists
of widening, improved signalization, overhead signage, dual turn lanes and
making Delaware Avenue one-way from the Skyway terminus to Niagara Square.
Church Street is a N.Y. State arterial and any proposed modifications would be
subject to approval by NYSDOT. The entire area was recently milled and
overlayed by the State. No funds are presently available for any of the
proposed modifications and a one-way operation on the South end of Delaware
Avenue which is not a priority of the Department of Public Works.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 43
Diff. In Salary - P. Martin
Mr. Patrick Martin, a Caulker Supervisor 1, in the Division of
Water is on disability from 10/1/96. Pursuant to the City Ordinance, Chapter
35, Article VI, Sec. 22, each employee is entitled to a difference in pay
allowance under the provisions of the worker's Compensation Law.
Therefore, Mr. Martin is entitled to a difference in pay. The normal salary
for 24 days - $2,953.68. Less deductions for NY STATE - $127.96; FEDERAL -
$270.24; FICA-MED $225.98 and NY State Retirement $88.61 for a total of $712.12
for deductions. Less payment by Compensation Carrier in the amount of
$1,920.00 for the period from 10/l/96 through 11/3/96. Amount due to the
employee is $321.56.
Payments to continue bi-weekly until employee returns to work of for 6 months.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated November 14,
1996, be received and filed; and
That the Comptroller be, and he hereby is, authorized to pay Mr. Patrick
Martin, a Caulker Supervisor I, in the Division of Water the difference in pay
allowance for the period from 10/l/96 through 11/3/96 in the amount of $321.56.
PASSED.
AYES - 13 NOES - 0
No. 44
Additional Information-Salary Ordinance Amendment
Division of Water
Item No. 179, C.C.P. 10/29/96
The Council's Civil Service Committee has asked this office to
provide the following information:
* A list of individuals and businesses that have outstanding water bills. I
have asked the Comptroller's Data Processing Division to provide that
information to me. Once I receive it, I will file it with the Council.
* A report of water bill collection efforts. Please see Item No. 27 of
November 12, 1996 for this information.
* A list of outstanding bonds and an update of the Water Authority's capital
plans. Attached is a listing of Authority Capital Accounts indicating the
unencumbered balance. Plans are under development to expend all of these funds
during the 1997 construction season.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Certificate Of Appointment
Appointment effective November 20, 1996 in the Department of Public
Works, Division of Buildings Rodney J. Martz, 98 Alsace Avenue, Buffalo 14220
to the Position of Senior First Class Stationary Engineer, Temporary, at the
maximum Starting salary of $31,882.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
No. 46
Info - Enforcement of Curfew
Enclosed is some statistical information concerning the intensive
curfew enforcement project conducted this summer. This information supports
the fact that the curfew is not disproportional applied, and it is enforced
throughout the city. Also included is a survey conducted by our officers who
are involved in this project about their perceptions of the curfew law and how
it is used.
I do not believe that a drop-off center is necessary except during periods of
intensive enforcement. I strongly recommend that the curfew law be maintained
by the city since it is apparent that it is not only a useful tool but
certainly supported by the officers. I would also tell you that as a result of
our experience during this last summer, we will plan several targeted
enforcement strategies using the curfew law and include additional months other
than just summer.
Please feel free to contact me if you have any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 47
Info. Smart Gun Tech.
Item #45 C.C.P. Oct. 29,1996
"Since the Smart Gun is in the development stage, no costs for
production have been determined."
RECEIVED AND FILED.
No. 48
Operation Protect Kids Renewal FY '96/'97
(Item No. 96, C.C.P., 05/30/95)
The Police Department is respectfully requesting authorization
for the Mayor to renew our sub-agreement with the County of Erie for Operation
Protect Kids. This grant was awarded to the County of Erie from the New York
State Department of Health and will run through March 31, 1997.
Under this agreement, the County will provide the City of Buffalo with $4,000
to impede the sale of tobacco to minors. A national survey conducted in 1989
found that approximately 63% of youths between the ages of 12 to 18 years, who
smoke, purchase their own cigarettes and that cigarette smoking is responsible
for nearly 1 in 5 deaths in New York State.
The main focus of this program is to educate local business owners with
licenses to sell tobacco products, as to the law and how this law is going to
be enforced. These business owners will be sent instructional literature in
the upcoming weeks and a seminar will be scheduled to discuss any questions
they may have. Once the education portion has been completed, underage
operatives will be employed to randomly check businesses for compliance.
Merchants who are found to violate this law and allow the operative to purchase
tobacco products, will be subject to penalties imposed by the Health Department
which may include fines. The City of Buffalo will receive 50% of any fines
levied in order to continue the efforts to reduce tobacco sales to minors.
Last year's program resulted in 74 stops and 27 enforcement actions resulting
in an additional $1,450 turned over to the City which represented one-half of
the penalties collected.
If you require additional information, please contact Chief Kevin Comerford or
RT 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 15, 1996, be
received and filed; and
That the Mayor be, and he hereby is, authorized to enter into a sub agreement
with the County of Erie for Operation Protect Kids. This grant was awarded to
the County of Erie from the New York State Department of Health and will run
through March 31, 1997. Under this agreement, the County will provide the City
with $4,000 to impede the sale of tobacco to minors. The City will receive 50%
of all fines levied in order to continue the efforts to reduce tobacco sales to
minors.
PASSED.
AYES - 13 NOES - 0
No. 49
"Light Duty" officers assigned to City Hall
Item #155, CCP November 12, 1996
I would appreciate an opinion from the Corporation Counsel regarding
assigning "light duty" police officers to City Hall for security purposes.
Officers assigned to "light duty" have been so designated due to an injury or
illness that precludes them from taking enforcement action. Therefore they
have been specifically assigned to positions that do not require them to act in
the capacity of a police officer.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Pers. Serv. Contract-Emp. - Asst. Coordinator
Item 42, CCP 29 Oct 96
Attached is a resume for Ms. Goss
The EAP program is a joint contractual obligation between the City and the PBA.
Ms. Goss reports to the DPC for Administration and works closely with the
Captain, Staff Inspections. The program is confidential. An annual report
along with regular meetings are used to assess her effectiveness.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 51
Certificate of Appointment
Appointment Effective November 13, 1996 in the Department of Fire,
Sandra L. Karn, 487 Colvin Avenue, Buffalo, 14216 to the Position of Senior
Account Clerk Typist, permanent, at the maximum Starting Salary of $24,282
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
No. 52
Preventing Dog Fights
Item No. 176, C.C.P., 10/29/96
You have requested a response from the Law Department regarding
the resolution to prevent organized dog fights. The resolution seeks action
from various City, State and other entities that would serve to inconvenience
promoters of dog fighting or lead to the end of organized dog fights.
The first resolve calls for the Common Council to memorialize the State
Legislature to amend the Agriculture & Markets Law to provide a reward for
information leading to the arrest and conviction of violators of the law
prohibiting dog fighting and alternative sentencing for such offenders. It is
within the power of the Council to memorialize the State Legislature to make
these requests. The second resolve requests the Corporation Counsel to prepare
an ordinance amendment to increase the fine for possession of an unlicensed dog
from $11 to $25, the current state limit. There is no impediment to that
resolve and if the Council adopts the resolution, the Law Department shall
expeditiously prepare such an ordinance amendment.
The third resolve asks the Federal Bureau of Investigation ("FBI") to cooperate
with the Buffalo Police Department in determining whether any federal laws
involving interstate violations have been broken in connection with local dog
fighting incidents. The Council may make such a request of the FBI, though any
interstate or federal investigations associated with local dog fighting would
fall naturally under the FBI's jurisdiction without intercession of the
Council. The fourth resolve similarly asks the Buffalo Police Department to
obtain warrants to look for video tapes of dog fights. Any investigation by
the Buffalo Police Department would look at all relevant evidence with the goal
of identifying and locating additional evidence. The Law Department would
defer to the judgment of the Police Department and the District Attorney's
office to determine which cases would require a search warrant.
The fifth resolve requests the Buffalo Animal Shelter and the Society for the
Prevention of Cruelty to Animals to seize any wounded or abused dog and perform
criminal background checks before releasing such dog to the owner. This is
problematic on numerous levels. Employees of the Buffalo Animal Shelter are not
necessarily qualified to evaluate the cause of a dog's injuries. A stray dog
picked up on the streets may have bruises, but that is not evidence of an
organized dog fight. The City cannot hold onto the dog when the owner comes to
redeem it if we have no evidence of wrongdoing. The City can, and typically
does, hold onto a dog if such dog may be used as evidence in a pending criminal
case against the owner. It should be noted that a criminal background check
without the person's consent or a court order is illegal. It also has no
bearing on the right to own a dog. A criminal record does not preclude someone
from owning a dog nor is it an indication that a dog's bruises were caused by
that individual. The most the City could do at the time of redemption would be
to make sure the dog is licensed.
The sixth and seventh resolves requests the State to look into the feasibility
of implanting microchips in dogs for identification purposes and asks the City
Clerk to prepare informational brochures detailing dog fighting penalties and
proper dog purchasing methodology. Both ideas have merit, but the cost factor
must be considered. Where will the additional funds come from to implant and
register all the dogs and for the City to produce the brochure? The resources
to attack dog fighting must be identified before any effective plan can be
implemented.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 53
Transfer of Title, Urban Homestead Program
73 Elk Street (Lot Size-30' x 123')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 73 Elk Street, the parcel is 30' x 123' in dimension; and
it has been determined that this parcel of land is inappropriate for either
construction of a new housing or the construction of public recreation
facilities.
Mr. Frank Pezzimenti, residing at 77 Elk Street indicated that he will clean,
improve and maintain the lot in the event that he obtains title to the property
under the Urban Homestead program.
Letters were sent to all other adjacent property owners, offering the property
and giving them ample time to express interest in obtaining 77 Elk Street under
the Urban Homestead program. To this date, we have not received any response.
We, therefore, recommend that the city-owned vacant lot be designated as a
Homestead Property and be transferred to Mr. Frank Pezzimenti on the condition
that the property is cleared and improved within (6) months and is maintained
in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 54
Transfer of Title, Urban Homestead Program
6 Girard Place Street (Lot Size-30' x 165')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 6 Girard Place, the parcel is 30' x 165' in dimension;
and it has been determined that this parcel of land is inappropriate for either
construction of a new housing or the construction of public recreation
facilities.
Mr. and Mrs. Chestee A. Keaton, owners of the adjoining properties at 956
Humboldt Pkwy. and 10 Girard PI. indicated that they will clean, improve and
maintain the lot in the event that they obtain title to the property under the
Urban Homestead program.
Letters were sent to all other adjacent property owners, offering the property
and giving them ample time to express interest in obtaining 6 Girard Place
under the Urban Homestead program. To this date, we have not received any
response.
We, therefore, recommend that the city-owned vacant lot be designated as a
Homestead Property and be transferred to Mr. and Mrs. Chestee A. Keaton on the
condition that the property is cleared and improved within (6) months and is
maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 55
Transfer of Title, Urban Homestead Program
174 Winslow Avenue (Lot Size-30' x 108')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 174 Winslow Avenue, the parcel is 30' x 108' in
dimension; and it has been determined that this parcel of land is inappropriate
for either construction of a new housing or the construction of public
recreation facilities.
Ms. Christine Taylor, residing at 172 Winslow Avenue indicated that she will
clean, improve and maintain the lot in the event that she obtains title to the
property under the Urban Homestead program.
Letters were sent to all other adjacent property owners, offering the property
and giving them ample time to express interest in obtaining 174 Winslow Avenue
under the Urban Homestead program. To this date, we have not received any
response.
We, therefore, recommend that the city-owned vacant lot be designated as a
Homestead Property and be transferred to Ms. Christine Taylor on the condition
that the property is cleared and improved within (6) months and is maintained
in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 56
Emergency Demolition Bid(s)
870 BROADWAY & garage
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 dangerous and
hazardous condition which exist 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 21, 1996 and the contract(s) will be awarded to the
following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT BID
870 BROADWAY & garage GREAT LAKES CONTR. CORP
Christine & Seba Bissette $6,900.00
149 Hanwell Pl.
Depew NY 14043
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. 57
Emergency Demolition Bid(s)
251 DETROIT
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 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 30, 1996 and the contract(s) will be awarded to the
following lowest responsible bidder(s):
Address and Owner Contractor/Amount of Bid
251 Detroit GREAT LAKES CONTRACTING CORP
Bill Williams $ 5,000.00
251 Detroit
Buffalo NY 14212
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. 58
Emergency Demolitions Bids
21 Eighteenth & Garage
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 dangerous and
hazardous condition which exist 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 22, 1996 and the contract(s) will be awarded to the
following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
21 Eighteenth &garage Great Lakes Contracting Corp
Carlos J & Comic Rivera $5,200.00
24 Winter St
Buffalo NY 14213
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. 59
Emergency Demolition Bid(s)
1429 JEFFERSON
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 30, 1996 and the contract(s) will be
awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
1429 JEFFERSON Great Lakes Contracting Corp
City of Buffalo $10,000.00
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Emergency Demolition Bid
175 SHERMAN - Steeple ONLY
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 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/OWNER CONTRACTOR/AMOUNT OF BID
175 Sherman - steeple ONLY Georgian Bay Contracting
Deliverance Temple of God in Christ $26,000.00
177 Sherman St
Buffalo NY 14212
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. 61
Report of Pre-Demolition Asbestos
Removal 24 C St. , etc
Please be advised that pre-demolition asbestos bid offers were
solicited by this department on October 21, 1996 and that the contract(s) will
be awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
24 C ST GEORGIAN BAY CONTRACTING
City of Buffalo $ 1,600.00
36 GITTERE GEORGIAN BAY CONTRACTING
City of Buffalo $ 4,220.00
417 LEROY GEORGIAN BAY CONTRACTING
City of Buffalo $ 957.00
364 WILLIAM ASBESTOS REMOVAL SERVICES, INC
City of Buffalo $850.00
Please be further advised that this department will solicit bids for the
demolition of this building upon completion and acceptance of the removal of
the asbestos.
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. 62
Report of Pre-Demolition Asbestos Removal 42 ROETZER
Please be advised that pre-demolition asbestos bid offers were
solicited by this department on October 21, 1996 and that the contract(s) will
be awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
42 ROETZER GEORGIAN BAY CONTRACTING
City of Buffalo $ 900.00
Please be further advised that this department will solicit bids for the
demolition of this building upon completion and acceptance of the removal of
the asbestos.
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. 63
Report of Pre-Demolition Asbestos Removal 318 SWEET
Please be advised that pre-demolition asbestos bid offers were
solicited by this department on October 21, 1996 and that the contract(s) will
be awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
18 SWEET ASBESTOS REMOVAL SERVICES, INC
City of Buffalo $ 1,280.00
Please be further advised that this department will solicit, bids for the
demolition of this building upon completion and acceptance of the removal of
the asbestos.
We, therefore, respectfully request that upon approval by your Honorable Body,
that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-001-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 64
Report of Pre-Demolition Asbestos
Removal 373 Vermont, etc
Please be advised that pre-demolition asbestos bid offers were
solicited by this department on October 18, 1996 and that the contract(s) will
be awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
373 VERMONT ARRIC
City of Buffalo $ 2,250.00
249 MARYLAND Peerless Environmental Control, Inc
City of Buffalo $ 3,142.00
Please be further advised that this department will solicit bids for the
demolition of this building upon completion and acceptance of the removal of
the asbestos.
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. 65
Report of Pre-Demolition Asbestos
Removal 298 WALNUT, etc
Please be advised that pre-demolition asbestos bid offers were
solicited by this department on October 21, 1996 and that the contract(s) will
be awarded to the following lowest responsible bidder(s).
ADDRESS/ OWNER CONTRACTOR/AMOUNT OF BID
98 WALNUT GEORGIAN BAY CONTRACTING
City of Buffalo $ 3,645.00
138 SPRUCE ST ASBESTOS REMOVAL SERVICES, INC
City of Buffalo $ 8,250.00
Please be further advised that this department will solicit bids for the
demolition of these buildings upon completion and acceptance of the removal of
the asbestos.
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. 66
Restaurant Dancing Class II 350 Main
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised that I have examined the attached application for Restaurant Dancing
Class II located at 350 Main and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant Dancing Class II is being sought and according to the attached
reports from the Fire Department and the Building Inspector, I find it complies
with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Jon B. Field. The report
from the Police Department recommending approval is attached hereto for Jon B.
Field, d/b/a Banana Joes at 350 Main. This request is submitted for your
consideration and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 67
Potential Projects For Funding-Environmental
Bond Program
Mayor Masiello has asked me to provide you his preliminary list
of potential Buffalo projects for funding under the State Environmental Bond
program as approved November 5. These possible projects demonstrate the
opportunity the Bond Fund offers and the City's great range of environmental
needs.
This list reflects what has been submitted by the Mayor's department heads in
meetings over the past few weeks. There are many directions we might go in
with our funding requests, and recent ideas from Councilmembers have yet to be
formally considered or included.
Common Council reactions and ideas relative to projects are important. I ask
that those of you who have not yet contacted me with any suggestions please do
so if there is anything you wish to put forward. In that regard, I would be
pleased to share what I understand about the evolving State program, likely
eligibility, chances for funding, etc. At this point, however, various funding
programs, eligibility criteria, and even available dollar amounts are still
being worked out by New York State.
The importance and potential of the Bond Fund for Buffalo is evidenced by the
fact that Mayor Masiello and Governor Pataki stood together here three times in
the campaign for passage. We hope Buffalo can stand together to bring
meaningful projects here.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 68
Informational-HOME Rental Rehab Status Report
Per your request, below is a status report of the HOME Rental
Rehab loans. Column A represents all loans that have been closed and the monies
completely expended. These loans have already generated $24,166.60 in
repayments, and they are all current. The monies were deposited into
B.N.R.C.'s Chase account, number 000 549 3283, and are carried on the books in
the Cash account, ledger# 1003-0000. Column B represents loans that have been
closed, but the monies have not been completely expended yet, so no payments
are yet due. Column C represents a projection of all FY 96 monies. In sum,
when all these loans have been executed, they will generate annual revenue of
$126,682.27.
HOME RENTAL REHAB LOAN STATUS
TABLE A
Name Property Loan Amt Pmt.Amt Total Pmts Total Arrears
E Kruder 7 Zittel $16,500 $121.68 $ 854.35 $0.00
T Wilcox
1049 Elmwood $40,500 $299.57 $2,096.99 $0.00
T Backus
2409 Delaware $60,000 $443.81 $1,723.84 $0.00
D Glushefski
603 Grant $21,260 $157.26 $1,326.56 $0.00
Blackrock NHS
336 East $120,000 $607.06 $3,275.54 $0.00
B Adams
3 Geary $48,000 $290.87 $1,735.75 $0.00
M Miranda
3152 Main $80,000 $591.75 $4,651.09 $0.00
T Wilcox
438 Richmond $33,000 $244.10 $1,708.70 $0.00
T Wilcox
2033 Genesee $10,000 $73.97 $1,035.58 $0.00
K Niedermeier
425 Porter $280,000 $2,017.13 $5,708.20 $0.00
TOTALS $709,260 $4,847.20 $24,116.60 $0.00
ANNUAL TOTALS $58,166.40
TABLE B
Name Property Loan AmtPmt AmtAnnual Pmts
C Hornick
38 Richlawn $20,000 $147.94 $1,775.28
B Smith
604 Niagara $40,000 $295.87 $3,550-44
J Castillo
286 7th $60,000 $443.81 $5,325.72
R Po-Chedley
279 Normal $65,000 $480.79 $5,769.48
Del-Rich
21 Deerfield $20,000 $147.94 $1,775.28
T Winkler
253 LaSalle $16,900 $125.03 $1,500.31
TOTALS $221,900 $1,641.38 $19,696.51
TABLE C
FY 96 ALL $550,000 $4,068.28 $48,819.36
Total All Loans $1,481,160 $10,566.86 $126,682.27
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 69
Status of Outstanding
LDA's as of November 21, 1996
Pursuant to Your Honorable Body's request, attached please find
an updated status report on outstanding LDA's as of November 21, 1996.
We have been very successful in resolving outstanding LDA's over the past year.
If you have any questions, do not hesitate to contact my office.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 70
Potential Projects - Clean Water/Clean Air Bond Fund
The Common Council has requested that it be provided Mayor Masiello's
list of potential Buffalo projects for the new $1.75 billion New York State
Clean Water/Clean Air Bond Fund.
The Mayor worked with Governor Pataki and many others to point out the
necessity for voter approval of the Bond Fund. The Mayor also initiated
forward-looking analysis and preparation by the City Administration so that
Buffalo would be as well positioned as possible to take advantage of
opportunities should the Bond Fund he approved.
It is gratifying to see that Buffalo voters joined with voters elsewhere
in New York State in recognizing the need to meet the wide range of necessary
environmental investment projects facing this State.
The Council is here formally provided the Mayor's list, which is the same
as that earlier provided your Honorable Body at the Mayer's request by the
Environmental Office. As earlier, Mayor Masiello seeks input from the Council
with regard to potential projects under the Bond Fund.
This list is provisional and May change as funding criteria are developed
by New York State, as project eligibility uncertainty is resolved, and as City
needs are assessed. At this point, the following universe of items are being
examined for pursuit of funding:
Union Ship-South Buffalo Redevelopment Plan
Mayor's Environmental Justice Initiative - GE, Main-LaSalle,
Northeast Buffalo Parkway, Brownfields Grant sites, Stachowski Park Extension
Inner Harbor
Martin Luther King Park Rehabilitation
Squaw Island Landfill Closure
Shea's Buffalo Stage Expansion
Remediation of Underground Tanks at City-owned Sites
Greenway Trail
Waterfront Hero's Walk
Curbside containers for Residential Recycling
Commercial Recycling Program Containers
Recycling Collection Vehicles
Times Beach Nature/Access Site
LaSalle Park Redevelopment
New Park Foot of Hertel
Abatement of 68 Combined Sewer Overflows
Storm Water Relief for North Buffalo
Elimination of Chlorine Use
LaSalle Park Retaining Wall Rehabilitation
Scajaquada Creek Improvements and Hoyt Lake Dredging
Cazenovia Creek Slope Wall Extension
Small Business Compliance Assistance (Water)
Water System Projects
Municipal Reforestation Program
Alternate Recycling Collection Vehicle
Alternate Fuel Light Trucks
Alternate Fuel Station at Combined Garage
School Boiler Conversion
Small Business Compliance Assistance (Air)
We look forward to utilizing the Bond Fund toward meeting the many
environmental needs and opportunities which characterize the City of Buffalo
and welcome input from all sources as we move toward that important goal.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 71
Recycle Boxes
After listening to the City residents who are attending our Summit
Meetings, I have learned that people would cooperate more, with the Recycling
Program, if they had a recycling box.
Therefore, we are asking permission from your Honorable Body to allow us to
offer, free of charge, one recycling box to any resident who requests one and
comes to our office with proof of residency.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
No. 72
Certificate of Appointment
Appointment effective November 18, 1996 in the Department of Street
Sanitation James B. Higgins, 74 Coolidge Road, Buffalo, New York 14220 to the
position of Equipment Operator, Permanent, at the maximum Starting Salary of
$27,597.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 73
Certificate of Appointment
Appointment effective November 18, 1996 in the Department of Street
Sanitation to the position of Equipment Operator, Provisional, at the maximum
Starting Salary of $27,597.
Matthew Rainero, 78 Rebecca Park, Buffalo, NY 14207
Sean Cooley, 568 Dorrance, Buffalo, N.Y. 14218
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 74
Certificate of Appointment
Appointment effective November 19, 1996 in the Department of Street
Sanitation Joseph P. Sammarco, 123 Frontenac Avenue, Buffalo, New York 14216 to
the position of Truck Driver, Provisional, at the intermediate Starting Salary
of $24,644.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 75
Certificate of Appointment
Appointment effective November 14,1996 in the Department of Street
Sanitation Thomas M. Scott, 88 Rebecca Park, Buffalo, New York 14207 to the
position of Truck Driver, Provisional, at the maximum Starting Salary of
$26,691.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
Certificate of Appointment
Appointment effective November 18,1996 in the Department of Street
Sanitation, Salvatore Howard, 149 Southside Pkwy.,Buffalo, New York 14220 to
the position of Truck Driver, Provisional, at the maximum Starting Salary of
$26,691.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 77
Garbage- Recycling Equipment
Item No. 61, C.C.P. 10/29/96
As stated in my original communication, the lease purchase option
is preferable because it reduces the amount of funds required upfront to
acquire the vehicles. At present, we have no capital outlay funds set aside
for this purchase; the entire amount of fund balance from last year has been
reserved by the comptroller and is thus not an option. Last, under a lease
purchase, the vehicles could be obtained more quickly,
There is no detailed agreement on lease-purchase at present; the Comptroller is
in the midst of obtaining bids and should be able to report back shortly.
I trust this answers your question.
RECEIVED AND FILED.
No. 78
Garbage Collection User Fee-Bill for Legal Services
Item No. 38, C.C.P. 11/12/96
I would defer to the Corporation Counsel as far as the substance
of the legal issues surrounding the user fee or the specific work that
Magavern, Magavern performed. I do believe, though, that $ 10,000 is a
relatively inexpensive price to pay for the confidence that the user fee as
implemented will withstand court challenges. The cost of a lawsuit could be
far greater.
I trust this answers your question.
RECEIVED AND FILED.
No. 79
Funding Recycling Education
Item No. 153, C.C.P. 11/12/96
I would defer to the Streets Commissioner on this issue.
I trust this answers your question.
RECEIVED AND FILED.
No. 80
Notice of Appointments
Item No. 85, C.C.P. 10/15/96
In response to your inquiry in regards to item No. 85, the vast
majority of these new hires are from competitive Civil Service lists. Minority
hiring in the Police and Fire Departments is guided by Federal Court rulings,
In our opinion, these hirings are in compliance with that
court order.
In response to the question regarding "the current round of seasonals hired",
be advised of federal compliance reporting requirements, as explained and
reported in the City Affirmative Action Plan. Seasonal employees are reported
in the "Service Maintenance Category" of our annual utilization report (form
EEO-4 included in the AAP). The last report was filed on March 6, 1996. This
report shows a slight under-utilization of Black Females (0.1%), Hispanic Males
(0.3%) and similar small deficiencies in Asian and Native American populations.
The highest under-utilization for this category of worker was females, as a
class, with a 22.8% deficiency. Seasonal Laborers are not reported in of
themselves nor are specific "rounds" or instances of hiring,
In response to your communication stating that Res. No. 190 and Item No. 59
were tabled pending a response from this office, Item No, 59 is a response to
Res. No. 190. I realize this response promised further details from the Civil
Service function, and it will be forth coming.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 81
Report of Audit-Golf Course Revenues-Dept of Parks and Human Services
Item No. 10, C.C.P. 11/12/96
I agree with the recommendation that the Audit Division assist
Parks in developing additional controls for revenue collection. As your
Honorable Body may recall, though, we have already taken steps along these
lines, including the purchase of electronic pinpoint cash registers- it is
unclear how much of the problems cited in the audit are the result of the
individual employee, who is no longer working for the City.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 82
Comptroller Report on City Insolvency
Item No. 161, C.C.P. 11/12/96
I am equally interested to hear the Comptroller's reasoning in
making such a statement, as "insolvent" is not a term I believe should be used
casually.
In fact, the City of Buffalo has ended each of the last three fiscal years with
a positive fund balance, despite having had to overcome major budget issues
both at the outset of and during each of those years.
To the extent that I have had discussions with credit rating agencies about the
City's current and future financial condition, budget and labor issues, plans
for solving various problems and for future action--often joined by the
Comptroller--I have never heard the issue of solvency raised. These agencies
attempt to view the City's financial strength over a longer (eg 20 years or
more) time frame, as the indebtedness the City enters into is generally paid
back over a long period of time.
Obviously the City has financial issues, both immediate and longer term, with
which it must deal. I believe that for the most part we have worked hard and
have taken responsible steps toward dealing with the issues. We have also made
it clear where help from others (the state, the county, the federal government,
the City unions and others) is key. It is frustrating at times to have so many
of the tools we need to use controlled by others. But by no means would I use
the word insolvent.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 83
Memorandum of Agreement between the City of Buffalo and
Local 650, AFSCME, AFL-CIO Salary Upgrade - Personnel Specialist I
Attached please find a Memorandum of Agreement between the City
and Local 650 which provides a salary upgrade for the job title of Personnel
Specialist I. The parties have agreed to upgrade this job title in reaction to
the increase in duties and responsibilities of this position as a result of the
reduction in staff due to the recent retirement incentive program.
This position will be upgraded from salary grade 44A ($27,333-$31,889) to
salary grade 49A ($28,785-$33,342). The effective date of this upgrade shall
be September 28, 1996.
Your approval of this Memorandum of Agreement is respectfully requested.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 84
Overtime Spending Projections
C.C.P. No. 5 10/15/96
Attached please find a spread sheet prepared by the Budget Office
concerning overtime spending among the departments of city government. The
spread sheet contains a column labeled Projections Year End, a column labeled
Projected (Over)/Under and two columns Labeled Comptroller Projections
(Over)/Under. The second Comptroller's column corrects an apparent arithmetic
error in the spread sheet that the Comptroller filed with your honorable body.
Please note that there is considerable variation between the Comptroller's
projections and those of the Budget Office. The reason for this variation is
that the Comptroller fails to account for seasonal variations in overtime
spending among the departments of city government and other variables such as
the graduation of a new class of fire recruits at the end of November for
example.
The Budget Office is protecting overtime spending in excess of budget in the
amount of $858,177. Most of this overage is projected for the Police
Department. We have spoken with the Police Department in an effort to control
these costs and have been assured of their cooperation. The Department expects
overtime to decrease, especially supervisory overtime once the Lieutenants'
list is certified. It should be noted that a considerable portion of this
overtime spending results from vacancies that the department has been unable to
fill. There are currently eight police officer vacancies and 12 Lieutenant
vacancies. The next police class is scheduled for February. The Police
Department is projecting savings in the 110 accounts (Salaries - Regular) of
$577,573 which will cover approximately 77 percent of the overtime overage.
In Streets we are projecting spending over budget in the amount of $88,055.
Nearly half of this amount is in the 012 function (Animal Control) and is due
to the need for baiting and other vermin control services. We initiated a
green personnel requisition and Salary Ordinance Amendment for 2 new
exterminators to help control these costs. To date one of these individuals
has been hired.
In Administration and Finance, the Division of Treasury is projecting spending
over budget of approximately $10,000 due to Lock Box implementation problems
that have been corrected and the decision to bill the Refuse and Recycling User
Fee separately. At budget time we assumed that the User Fee would be part of
the Water Bill and thus no provision was made for additional overtime in
Treasury.
Overtime in Public Works results from early retirements in the Traffic
Engineering function. We have reviewed the situation with Commissioner Giambra
and believe that the expenditures are prudent.
In General Services we are projecting overtime spending to exceed budget in the
amount of $20,704 the majority of which is attributable to early retirements in
the Division of Inventory and Stores. We are in the process of filling several
seasonal positions to compensate for the loss of personnel.
REFERRED TO THE COMMITTEE ON BUDGET.
No. 85
Improve Collections/ Investigate
Merger of Sewer and Water
Item No. 198, C.C.P. 10/29/96
Two comments:
First, the problems associated with collections in the water division are
largely problems that predate the Masiello administration; since 1 1994, and as
stated later in the newspaper article on this subject, the problems have been
largely solved through the aggressive use of the Collections division and
outside collections agencies. Most of the large outstanding amounts owed to
the City at this point are the result of businesses or homeowners that have
long since left town, most likely owe us taxes, sewer and demolition fees as
well, and will very likely be written off from an accounting point of view. If
your Honorable Body would like more information on collections of past due
accounts under the Masiello administration, I would be happy to provide you
with it.
Second, with respect to the Comptroller's proposal to merge the Sewer and Water
Authority: apparently, bond counsel have informed the Comptroller that it would
not be legally possible to dissolve the Water Authority into the Sewer
Authority, leaving the reverse (dissolve the Sewer Authority into the Water
Authority) as the only option. In order to do this the Water Authority would
need to sell new debt that would be used to extinguish the debt of the Sewer
Authority; the debt service on the new bond issue, estimated at about
$100,000,000, would be paid for through water rate proceeds. In addition,
there would need to be at least state legislation passed to enable the Water
Authority to take on this new debt and new duties.
The Comptroller's estimate of savings, at $1 million, is met with skepticism by
both managers. I can't add any light to theirs, but I can say that the figure
is very preliminary and not based on any thorough review of operations.
It seems to me that the idea of selling $ 100, 000,000 in new debt (and raising
rates to pay for it), making all the legal changes, etc. to save $1 million a
year in operating costs is not a very good tradeoff. I believe the idea should
be examined further. In the meantime, though, I believe that the idea being
pursued by the administration--leasing the operations of the water system to a
private operator--allows for quicker capture of savings that may be larger in
amount, and does not require any large indebtedness to get there. There is no
reason, once the operations of either or both authority have been streamlined,
that a merger could not be pursued--assuming it made sense--at a later date.
I trust this answers your question, and am available for more discussion should
you so desire.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 86
Automate Zoo Parking Lot
Item No. 181, C.C.P. 10/29/96
I have no problem with the Zoo automating their parking lot--I
assume that their proposal is to pay for the automation themselves.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 87
Citizen Confidentiality
Item No. 142, C.C.P., 11/12/96
You have asked the Bureau of Administrative Adjudication to detail
its policy relative to citizen confidentiality.
The Bureau handles citizen confidential communications in the following manner.
If a citizen files a complaint with the Bureau and wishes that his or her
identity remain confidential, the Bureau will send a ticket writer to the
location of the complaint. If warranted, the writer will issue a summons based
on personal observation. The identity of the citizen who alerted the Bureau to
the violation will not be disclosed.
If the ticket writer goes to the location of the violation and does not
personally observe the infraction, the writer must state on the summons his or
her source of knowledge. The writer can put on the ticket that the information
is based on a citizen's complaint. However, if a hearing is requested, the
citizen must testify as to what he or she saw. Although formal rules of
evidence do not apply in administrative hearings, a certain amount of due
process is required. Namely, the respondent has the right to confront and
cross examine the accuser. If the citizen does not appear at the hearing or at
least sign an affidavit regarding his or her observations, the administrative
law judge we will have no choice but to dismiss the summons.
The Bureau appreciates the need to keep the identity of the informant
confidential, but at times, it is not possible within the confines of our
purpose and the law.
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. 88
Graffiti Removal in Exchange For Storage Space.
The City has received an offer from Professional Cleaning Services,
a Division of RJD Security, Inc. to provide free graffiti removal work for the
City in exchange for heated storage for the company's vehicle. A suitable site
was found at the Public Works garage at the Col. Ward Pumping Station.
Professional Cleaning Services participated in the recent United Way "Day of
Caring" removing graffiti from Parkside Lodge, Delaware Park Footbridge, Gates
Circle, and the fountain at Lincoln Parkway behind the Art Gallery. Buildings
in Schiller Park also were recently completed.
Neither Public Works nor Parks has a budget line dedicated to graffiti removal.
The Department of Public Works and the Department of Human Services, Parks and
Recreation seeks Council approval to enter into a agreement with Professional
Cleaning Services to formalize this relationship, on a trial basis.
The formal agreement will be submitted to the Council for review when
completed.
REFERRED TO THE COMMITTEE ON FINANCE AND RJD SECURITY.
No. 89
Response to Report of Audit
Item #10, CCP, Nov. 12, 1996
The department has reviewed the Audit Report of November 12, 1996
conducted by the Comptroller and would make the following comments:
Monthly decreases at golf courses are not unusual and can usually be
attributed to outside forces (i.e. weather, grubs, course conditions).
Consistent decreases, however, send up a red flag. Such was the case this
season at South Park.
Internal tracking of revenue decreases at South Park prompted a review by
departmental personnel. A customer complaint indicating an improper receipt
issued at the course resulted in the departments request to the Comptroller for
an audit inspection. This was conducted by a Parks Department employee and a
Division of Audit employee.
The preliminary results of the inspection and subsequent review of
register tapes, revenue records etc. strongly indicated a single employee to be
responsible for the shortages totaling $107.00 prompting that employee's
immediate dismissal by the Commissioner.
We have requested the Division of Audit to make recommendations to
strengthen our fee collection/accounting procedures at our three golf courses
and also our indoor ice rinks and indoor swimming pools.
The unsuccessful 1995 implementation of the "Pinpoint" System will be
re-examined as a possible solution to the problem, as long as long-term support
from Data Processing can be expected. Other internal control ideas are being
explored by Parks staff.
The question remains, how much of our departments limited resources
(financial and manpower) do we expend to try to ensure 100% compliance?
REFERRED TO THE COMMITTEE ON FINANCE.
No. 90
M. James Tree Trimming
University District
Item #76 C.C.P. Nov. 12, 1996
The City position regarding the unauthorized tree trimming is
currently being amended. Mr. Bill Nowak and I have met to exchange notes on
additions and changes to the City Ordinances.
Until these changes are completed and passed by the Council, no trimming
of street trees or park trees is to be done by any group other than the
Forestry Crew or contractors hired and approved by the Forestry Office.
(Niagara Mohawk is an exception.)
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 91
Retroactive Longevity Payments
Catherine Sexton
Please be advised that the Division of Labor Relations has revised
the longevity date for Catherine Sexton. She is an employee of the Division
for Youth (see attached).
As a result, retroactive payment for the following years is owed as per
local 650 Contract.
FY 83-84 $200
FY 84-85 $200
FY 85-86 $200
FY 86-87 $200
FY 88-89 $250
FY 89-90 $250
FY 90-91 $250
FY 91-92 $385
FY 93-94 $325
FY 94-95 $325
FY 95-96 $325
Total claim is $2,910. Thank you for your anticipated cooperation.
Mrs. LoTempio moved:
That the communication from the Department of Human Services, Parks and
Recreation, dated November 20, 1996, be received and filed; and
That the Comptroller be, and he hereby is, authorized to pay Ms.
Catherine Sexton, an employee of the Division of Youth retroactive longevity
payments for the years 1983-1996, for a total amount of $2,910.00.
PASSED.
AYES - 13 NOES - 0.
FROM THE CIVIL SERVICE COMMISSION
No. 92
Residency Requirements (CSC)
Item #68, CCP April 30, 1996
In response to Item #68, C.C.P. 4/30/96, residency requirements,
please be advised of the following:
- Residency for employees in the Department of Street Sanitation is
governed by the Public Officers Law, Article 2, Section 3 (2-a) under the New
York State Civil Service Law, which allows employees to live outside of the
confines of the City of Buffalo. However, City of Buffalo residence is
mandatory at time of entrance into employment.
- The number of residency investigations based on complaints conducted by
the Civil Service Commission in the last year is six.
Please see the attached for list of names and addresses.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 93
Non-Resident Payroll Surcharge
Item #187 10/15/96
The Board of Education's breakdown for resident/non-resident employees
is attached.
REFERRED TO THE COMMITTEE ON EDUCATION.
No. 94
1996-97 Budget
Attached hereto is the city of Buffalo School district 1996-97
budget.
REFERRED TO THE COMMITTEE ON EDUCATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 95
Reply To Div. of Water Audit Report
ITEM #9, C.C.P. 10/15/96
In compliance with your request, the Buffalo Sewer Authority submits
the following comments on the Report of Audit for the Division of Water.
The City Comptroller states in his report that "serious consideration be given
to the merging of the Buffalo Sewer Authority with the Division of Water," yet
he fails to mention any specific reasons or benefits such that this proposed
merger would bring to the City or to the taxpayers. Any investigation or
consideration of a merger must be done with the rate payer as a #I concern.
The Comptroller fails to note that there would be significant costs in such a
merger which would result from defeasance or refunding of current debt, and
also the cost of the new debt which would be required in the process of one
Authority absorbing the other. Whether there would be significant savings from
the merger to recoup such costs is unknown at this time, and the Comptroller
and his office are unqualified to offer such an opinion without any factual
analysis.
In 1995, Mayor Masiello directed the Buffalo Sewer Authority to explore the
possible merger of sewer and water. The Public Works Commissioner, Joseph
Giambra, and I recommended that Malcolm Pirnie be retained to explore this
possible merger. Malcolm Pirnie is a nationwide engineering firm that has
substantial expertise and knowledge in both water and wastewater industries.
Additionally, Malcolm Pirnie knows both the Division of Water plants and the
Buffalo Sewer Authority's plant on Bird Island.
Under a professional services contract, Malcolm Pirnie was directed 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.
This proposal pointed out some substantial obstacles which the Comptroller
failed to recognize.
The Comptroller did not wish to pursue the use of a national expert engineering
firm in such an analysis of a potential merger. He continues to utilize
unsubstantiated comments and talks more of concept than facts, which are so
necessary in a merger of this magnitude.
Under the previous administration, Councilmember Giambra was an integral part
in the sale of the Water Department to the Water Board in order to help the
City with its financial problems. Ultimately, it was the City taxpayer and
water rate payer who paid for this financial charade. The City taxpayers and
rate payers have already paid for the Division of Water twice - first for the
original cost and secondly, for the 1992 bailout to the City. To have the
Water Board sold for the third time is unthinkable.
Currently, the Water Division is upside-down financially. Only 46% of their
revenues go toward their operating expenses. The remaining revenues are used
to pay general obligation bonds from the old Water Division, revenue bonds from
the Water Authority and a fee for services to the City of Buffalo. This fee to
the City increases at 5% per year, which ultimately carries a 1% raise in rates
to cover this $250,000 increase each year.
Under the Masiello administration, the Buffalo Sewer Authority has decreased
its budget the past two years. We continue to consolidate internally by
decreasing the number of employees and exploring new technologies in order to
provide a better service at a lower cost. There are savings that can be
generated by better management through utilization of new technologies. These
savings can be accomplished without any merger.
The Buffalo Sewer Authority recently installed a fine bubble aeration system.
This technology reduced costs for electricity by over $1 million per year.
This project will pay for itself with the savings that will be generated.
With regard to the audit itself, which the City Comptroller performed on the
Division of Water, it does not go into any specific detail regarding the
proposed merger but it does present some information in which the Comptroller
does not have an understanding of what is occurring. For example, the
Comptroller eludes that the "purchase of materials (i.e. sand, gravel,
blacktop) could be an area of significant savings" but the Comptroller fails to
identify what would be significant in this area. He also alleges that if the
Buffalo Sewer Authority and Water did combine purchasing for these products, it
would save substantial amounts of money. The Buffalo Sewer Authority already
utilizes the City-negotiated contract which does combine purchases for these
products. In 1995-96, the Buffalo Sewer Authority only spent slightly over
$75,000 for these products. Is the Comptroller inferring that the City
contract is not the lowest price available and that the Buffalo Sewer Authority
or Water Division could purchase these products cheaper? His comment is very
confusing.
The Buffalo Sewer Authority purchases products through City-negotiated
contracts, Erie County negotiated contracts or contract prices which were
negotiated by New York State. These contracts provide a discount based on the
quantity or bulk purchases that will be made. Regarding the purchase of other
materials, the Division of Water will spend almost $800,000 of $1 -million
budgeted for supplies in 1996-97, for the purchase of chemicals. The chemicals
which are purchased include specific chlorine and fluoride products which are
used to purify water for drinking. The Buffalo Sewer Authority will spend
about $1.7 million for chemicals which include liquid chlorine purchased in
90-ton tank cars, sodium hypochloride which is used to purify the effluent and
polymers which are used to treat the sludge in the dewatering and thickening
process. Although these are both purchases of chemical supplies, they are not
interchangeable; and to make rash statements that combining the purchase of
supplies can save substantial amounts of money is not correct, especially in
these areas.
Centralized purchasing that is done by the City through contracts, such as
gasoline, gloves and other products, is also utilized by the Buffalo Sewer
Authority. Any time the Buffalo Sewer Authority can save time or money in
areas such as this, it does it. Again, these savings are done without any
merger.
The Buffalo Sewer Authority Treatment Plant on Bird Island was designated as a
regional facility and as such, receives the sewage not only from the City of
Buffalo but also many of the local suburbs. This plant treats sewage from
Cheektowaga, Sloan, two West Seneca Sewer Districts, Erie County Sewer District
# I, Erie County Sewer District #4, and these include Lancaster, the Town of
Lancaster, Depew and parts of Tonawanda, Elma, Alden and Orchard Park. For any
type of merger, these districts may be affected, as the Buffalo Sewer Authority
has a contract with each district to treat their sewage.
There are a number of other areas in the Audit report which provide inaccurate
comments and findings. For example, the Comptroller notes that all Water and
Sewer invoices state "Payable Within 10 Days of Billing." The Comptroller goes
on to note that the majority of taxpayers ignore this. The reason for this is
that the bill is not due until the end of the billing period, which in many
cases, is 90 days, not 10. We hesitate to mention this because it may affect
the cash flow and payments of bills, but it is a fact.
Finally, this is the third year in a tow in which the City Comptroller has
submitted information or notes on a possible consolidation of the Buffalo Sewer
Authority and the Buffalo Water Authority. In April 1995, he submitted a
report from Rothschild, Inc., and when the Buffalo Sewer Authority submitted
nine pages of questions regarding the proposal, the Comptroller did not even
have the courtesy to answer or respond to any of the comments. When the City
Division of Water and the Buffalo Sewer Authority attempted to do a
professional analysis and review of this potential merger through the use of a
professional engineering firm, the Comptroller did not want to pursue it. It
appears that the Comptroller is more concerned with publicity on mergers than
dealing with the many facets and facts that are involved.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 96
Memorandum of Understanding
Buffalo Municipal Housing Authority/Buffalo Police Department
As per your request, enclosed please find an unsigned copy of
the proposed Memorandum of Understanding between the Buffalo Municipal Housing
Authority and the Buffalo Police Department. The Memorandum, in this form, was
approved by the Buffalo Municipal Housing Authority Board of Commissioners at
their last meeting on October 24th. The document is now in the hands of
Commissioner Kerlikowske and his staff, and we await their formal approval.
Please do not hesitate to call should your or your colleagues have any
further questions regarding this, or any other, matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 97
Preventing Organized Dog Fights
Item #176, C.C.P. October 29, 1996
This office can only write summonses for unlicensed dogs and for
unleashed and unwholesome conditions. We are not empowered to stop dog fights
or fine owners for same. That authority falls to the Animal Shelter, Police
Department or S.P.C.A. whose officers are armed and arc authorized to seize or
destroy animals.
However, we will attempt to contact the community newspapers in the areas
where dog fighting is prevalent in the hopes that they will print information
regarding dog fights, fines and penalties. A hot line can be published for
citizens to report dog fights. An informational brochure has been produced and
distributed in some areas. This can be expanded by placing it in community
centers, bulletin boards, and schools, etc.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 98
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
2141 Elmwood Ave. Delaware Consumer Michael A. Iacono
Buffalo, NY 14207 Square Paul V. Licata
81 Abbott Road CBM Restaurant Inc. Ross Catalino
Buffalo, NY 14220 dba Oneill's Old
Town Tavern
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 99
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:
Police- Barbara Miller-Williams, Andre A. Scott
Street Sanitation-James Quinn
Administration and Finance-Margaret Pierakos
RECEIVED AND FILED.
No. 100
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
RECEIVED AND FILED.
No. 101
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF ASSESSMENT
Appointment Effective November 18,1996 in the Department of Assessment,
to the Position of Clerk, Seasonal, at the Flat Salary of $5.20/Hour,
Colleen A. Edwards, 172 Glenwood Ave. Lwr, Buffalo, NY 14208
Lisa Y. Phillips, 87-A Jasper Parish Drive, Buffalo, NY 14207
Kirk C. McKenna, 225 North Drive, Buffalo, NY 14216
Appointment Effective November 19,1996 in the Department of Assessment, to the
Position of Clerk, Seasonal, at the Flat Salary of $5.20/Hour,
Judith A. McCabe, 29 Mayer Avenue, Buffalo, NY 14207
DEPARTMENT OF PUBLIC WORKS
Appointment effective Nov. 8, 1996 in the Department of Public
Works, Division of Buildings to the position of Senior 1st Class Stationery
Engineer, Temporary at the flat starting salary of $7.33.
Lawrence L. Doctor Jr., 29 Boone Street, Buffalo 14220
Appointment Effective Nov. 13, 1996 in the Department of Public Works, Division
of Buildings, to the position of Senior 1st Class Stationary Engineer,
Temporary, at the Flat Starting Salary of $7.33
William D. . Roche, 83 Weyand Street, Buffalo 14210
Appointment Effective November 12, 1996 in the Department of Public Works,
Division of Water, to the Position of Water Service Worker, seasonal, at the
flat salary of $6.26/hr
Scott Cannon, 82 Liddell St., Buffalo 14212
Juan Maldonado, 368 Baynes Avenue, Buffalo, 14213
George M. Scotland, 1368 E. Delavan Ave., Buffalo, 14215
James Vazquez, 55 Shoshone, Apt. 4, Buffalo, 14214
Thomas Peters, 56 Tacoma, Buffalo 14216
Salvatore A. Vacanti, 253 Crestwood, Buffalo 14214
DEPARTMENT OF STREET SANITATION
Appointment Effective November 14, 1996, in the Department of
Street Sanitation, to the Position of Seasonal Laborer II, at the Flat Starting
Salary of $6.92 hr.
Matthew B. O'Grady, 212 Summit, Buffalo, NY 14214
Joseph Palmeri, 93 Erb Street, Buffalo, NY 14215
David Taylor, 471 Minnesota Ave, Buffalo, NY 14215
John C. Taylor, 214 Linden Avenue, Buffalo, NY 14216
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective November 18, 1996, in the Department of
Administration and Finance, Division of Parking Enforcement, to the Position of
Parking Enforcement Officer, Temporary, at the Flat Starting Salary of $6.22
Daniel D. Tadusz Jr., 1160 Hertel Avenue, Buffalo 14216
Appointment Effective November 18, 1996 in the Department of
Administration and Finance, Division of Parking Enforcement, to the
Position of Clerk Seasonal, at the Flat Starting Salary of $5.20
Donald R. Palmer, 31 Philadelphia Street, Buffalo 14207
DEPARTMENT OF HUMAN SERVICES,
PARKS & RECREATION
Appointment Effective November 18, 1996 in the Department of Human
Services, Division of Recreation, to the Position of Special service Instructor
III, Seasonal, at the Flat Starting Salary of $16.38
Joan Disbrow, 171 Villa, Buffalo 14216
No. 102
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment effective November 18, 1996, in the Department of
Audit and Control, Division of Audit, to the Position of Assistant Auditor,
Temporary, at the Minimum Starting Salary of $ 26,230.
Lauren Polowy, 203 Woodward Avenue, Buffalo, NY 14214
DEPARTMENT OF STREET SANITATION
Appointment effective November 18, 1996 in the Department of Street
Sanitation, to the position of Equipment Operator, Permanent, at the Minimum
Starting Salary of $24,428.
Thomas M. Thomasula, 463 Auburn Avenue, Buffalo, New York 14213
Appointment effective November 18, 1996 in the Department of Street Sanitation,
to the position of Truck Driver, Provisional, at the Minimum Starting Salary of
$23,964.
Larry J. Battleson, 43 Robins Street Buffalo, N.Y. 14220
Robert Hussar, Jr., 267 Katherine Street, Buffalo, N.Y. 14210
Appointment effective November 19, 1996 in the Department of Street Sanitation,
to the position of Truck Driver, Provisional, at the Minimum Starting Salary of
$23,964.
Peter Coyle, 138 Stratford Rd., Buffalo, N.Y. 14216
DEPARTMENT OF GENERAL SERVICES
Appointment Effective November 18, 1996 in the Department of General
Services, Division of Purchase, to the position of Senior Clerk, Temporary, at
the Minimum Starting Salary of $21,387.
Patricia Pinelli, 118 Carlyle Ave, Buffalo New York 14220
NONOFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NONOFFICIAL COMMUNICATIONS
No. 103
F. BAKER
Info-Funding Canadiana
This is our response to Mr. William D. Goodman's letter dated
November 13th 1996.
We have never misrepresented the Canadiana within the ISTEA application, to the
City of Buffalo Common Council to gain sponsorship, nor in any other way.
We have requested of Mr. Russell, the Regional Director of the State D.O.T.,
that he provide some validation of his claim that the S. S. Canadiana was
selected by the TEP Advisory Committee based on it qualifying for the (National
Historic) Register. Anything dated prior to June 6th 1994, which was the
deadline for our application to be given over to the ISTEA Advisory Committee,
would be acceptable.
He has not done so and is obviously unable to do so. There was no such
requirement.
Mr. Giambra states in his report to the Common Council dated November 7th, that
Mr. Russell tells him, "the ISTEA application which we filed, indicated that
the Canadiana was listed, but in actuality it is not listed nor eligible. ".
This is a totally false accusation that we misrepresented ourselves. There is
not a single reference, in the entire 79 page application, to the National
Historic Register nor of the Canadiana's status in regard to such a Register.
The members of the ISTEA Advisory Committee themselves were obviously
unconcerned, regarding such a status, as they did award us the funding with no
such indication being in the application. We will supply copies of our
application upon request to anyone who wishes to inspect it.
The Canadiana is not eligible for the Register nor do we wish it to be.
Inclusion in the Register would actually prevent our rebuilding to current U.
S. C. G. requirements. This would, in turn, prevent all the good that the
Canadiana holds for the City of Buffalo and Erie County. Inclusion would kill
the restoration and counteract the actual purposes that ISTEA was designed to
accomplish. The Canadiana is not ready to be relegated to a static, dead
museum status when there is so much it can yet do. This is a phase of her life
where she is being converted to modern needs, such as from coal to oil. She
will again be eligible for the Register in 30 years and then will be that much
more historic.
Our organization fulfilled all obligations and requirements that were in place
at the time. If the State has made up a new requirement for Round 3 of ISTEA,
they cannot be allowed to apply it retroactively to our project, nearly two
years after the fact. The Federal Highway Administration Office in Albany
concurs and has told us they do not agree with the State's attempt to do so.
This matter of the ISTEA award reversal by the State D.O.T. is something we are
handling with our lawyers, our representatives, the Federal ISTEA
administrators and others. We fully expect to have it resolved in our favor.
We have raised our $118,000.00 portion of the total cost. If and when this
situation is resolved favorably, we will meet with the Department of Public
Works, provide the proofs of coverage for those items which were agreed to last
April, during the meetings and the vote to restore the sponsorship, and then
proceed with the project. The Canadiana will be back in Buffalo by July 1st of
next year.
We want the Common Council to be aware of the D.O.T.'s improper attempt to take
this half million dollars away from the City of Buffalo and send it elsewhere,
so that the Council might take what ever action they feel is appropriate. It
is obviously a blatant attempt by the State, to kill the Canadiana project and
deprive everyone of this magnificent attraction and resource.
There is no better use for the money. If the D.O.T. is successful, the money
will be completely removed from our area and distributed away, down state,
according to the priority system, to projects which did not rate in the first
place. This is as per Mr. Russell's letter to Mayor Masiello. All of us will
loose.
We attach our letter to Mr. Russell asking him to provide supportive details on
his claim. We attach our "Congratulations" award notification letter which
explains the ISTEA intent of funding "non-traditional" projects which will
enhance the quality of life in their community. A third attachment dated just
one year ago, Oct. 10th 1995, is written by Mr. Daly Commissioner of NYSDOT.
He reiterates that the Canadiana project was found worthy of funding by the
Transportation Enhancement Advisory Committee and that "the Department will
continue the existing practice of allowing the Advisory Committee to pick the
best projects. ". He goes on that he has no intention of changing their
determination and his only concern was that we meet the sponsorship and
matching fund conditions in a timely manner. Additional confirmation that
there was no concern by the D.O.T., until now, for any National Historic
Register status.
Float the boat.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 104
BOTANICAL GARDENS
Easement-Watermain-So. Park
Concerning your request for a copy of my comments on the watermain
South Park easement issue, please find attached a copy of correspondence faxed
to Councilmember Lockwood on October 31, 1996. Today I verified the fax number
as shown on the City Council letterhead (attached) and re-faxed the document to
that office. Attention: Donna Davis, the Councilmember's Legislative
Assistant.
If additional information is required, please let me know at 827-1584.
Thank you.
RECEIVED AND FILED.
No. 105
BEDC
Sale of 931, 935, 966 and 972 Genesee Street
Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to The BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administrative Agreement approved by Your Honorable Body on
October 29, 1991, all parcels to be re-sold for commercial development by The
BEDC shall be submitted for Council approval with prior consultation with the
District Councilmember. Councilmember Miller-Williams was supplied with the
attached description of sale on November 21, 1996.
The BEDC has received an offer to purchase four (4) vacant lots at 931, 935,
966 and 972 Genesee Street from King Urban Life Center, Inc. for construction
of parking for the King Urban Life Center. The King Urban Life Center owns
several properties in the immediate vicinity of these subject parcels,
including the former St. Mary of Sorrows Church. A copy of the Center's
Mission Statement is attached.
The proposed sale price is $7,915.00 or $.50 per square foot.
The proceeds of the proposed sale will be deposited in a trust fund to maintain
and market the remaining parcels and to acquire added parcels from the City, as
per the Agreement. Attached is a description of the transaction.
The BEDC Board of Directors will meet to consider the proposed sale on December
4, 1996.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 106
BEDC
1996 - 1997 Budget
Pursuant to the Charter and ordinances of the City of Buffalo,
Article IV - City Development Agencies - Section 6-22, we are hereby submitting
a copy of The Buffalo Enterprise Development Corporation Budget for the fiscal
year commencing
June 1, 1996.
Please be advised that the BEDC Board of Directors approved the budget at its
July 31, 1996 meeting and the BURA approved the work program/budget at its
November 14, 1996 meeting.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 107
CONCERNED CITIZENS AGAINST POLICE ABUSE
Request Public Hearing on Policing Issues
Concerned Citizens Against Police Abuse has established the increasingly
abusive behaviors of Law Enforcement against the citizens in Buffalo, New York.
Although persons of color, those considered disenfranchised, be they
economically, mentally, socially, substance abusers, repeat criminals, youth,
or just those targeted by those officers having a bad day, citizens black and
white, are increasingly becoming prime risk.
Due to our continued concern and the obvious reasons of Policing Issues, we are
a Public hearing on "all in-custody deaths that have occurred in the City of
Buffalo. This hearing is to provide the parent(s) survivors of these victims,
the opportunity to speak before the entire council body on their particular
issues.
We also request a separate hearing for victims of Police Brutality, in order
that the Mayor and entire Common Council may hear the citizen's side of their
personal ordeal and the struggles that ensued trying to file a complaint report
against those law enforcement officers who may be guilty of misconduct.
Everyone who has a confrontation with law enforcement is not a criminal nor are
they as guilty as they wind up being charged. We must look at these issues
more carefully and seek resolution to them. To continue to make believe they
are not happening is negligible on everyone's part. The next serious injury or
fatality may have been avoided if we had all stood up for what is humanely
right. Not politically acceptable at the expense of a human life.
Your expeditious response is appreciated. We all remain at risk.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 108
EASTERN PARALYZED VETERANS ASSN.
Accessibility of Marine Midland Arena
On behalf of our client, Eastern Paralyzed Veterans Association,
Inc. ("EPVA") , we are honored to have the opportunity to respond to Resolution
No. 185 of the Common Council of the City of Buffalo, which requests
information regarding the accessibility of Crossroads Arena, an in particular
information relating to lines of sight afforded to wheelchair users.
EPVA, an association of spinal-cord injured veterans, applauds the interest of
the Common Council in this important issue.
I. The Lawsuit
As the Common Council is aware, Crossroads Arena, L.L.C. ("CALLC") has
constructed the Marine Midland Arena (the "Arena"), a sports and multi-purpose
arena for various uses including sporting events (including games of the
Buffalo Sabres hockey team), concerts, the circus, and other forms of
entertainment, in the City of Buffalo.
On February 14, 1996, EPVA and Joseph P. Russell, a spinal-cord injured veteran
who uses a wheelchair, commenced an action in the United States District Court
for the Western District of New York, captioned Eastern Paralyzed Veterans
Association, Inc. et ano. v. Crossroads Arena, L.L.C, et al., 96 CV 102A,
alleging that certain aspects of the Arena violated federal and state laws on
accessibility for wheelchair users. The Defendants in the action are CALLC;
Niagara Frontier Hockey, L.P., the owner of the Buffalo Sabres; Ellerbe Becket
Architects & Engineers, P.C., the architects of the Arena; the County of Erie;
and the City of Buffalo.
The Complaint alleged, among other things, that the plans for the Arena
violated federal and state laws because they did not provide integrated seating
in open space, and did not provide appropriate sight lines.
The original plans for the Arena violated the Americans with Disabilities Act
and New York law in three principal respects:
* Wheelchair seating was provided in areas which were to be created, on an
event by event basis, by the disassembly and removal of large, tiered seating
platforms containing as many as 35 seats for able bodied spectators. Those
platforms violated New York law, which required that seating be in open spaces.
Those platforms also violated the ADA, which provides that unsold wheelchair
locations may be filled with "readily-removable" seats for the able-bodied, but
does not permit the use of large platforms, which are not readily removable.
* The use of the platforms was likely to deny wheelchair users a choice of
seating, because they created a financial incentive for the arena operator to
steer wheelchair users into the same seating area, so that as few platforms as
possible would have to be removed.
* The wheelchair locations in the platform areas did not provide wheelchair
users with a line of sight comparable to other spectators. Under the Americans
with Disabilities Act, at places of public assembly where spectators can be
expected to stand during some or all of the events, wheelchair users must be
provided with sight lines which will enable them to see the events when the
able-bodied spectators, seated in front of them, stand. Because able-bodied
spectators at events of the nature planned for the Marine Midland Arena -- such
as hockey games, basketball games, and concerts -- can be expected to stand
during significant portions of the events, the ADA requires that appropriate
sight lines, over standing spectators, be provided to wheelchair users.
II. The Proposed Settlement
Promptly after the lawsuit was filed, settlement negotiations were undertaken.
Those settlement negotiations have resulted in a proposed settlement
agreement, which is being submitted to the Court. We have asked that the Court
schedule a hearing on the settlement. No hearing date has yet been set.
The principal terms of the Settlement Agreement are described below:
Each of the removable platforms have been modified so that, in each seating
area, there will be three seating locations for wheelchair users which can be
used without the need for removing the entire platform. The Arena will contain
seven areas on the 100 Level and sixteen areas on the 300 Level which will
contain seating locations for wheelchair users. There will be three seating
locations in each of these 23 areas which can be used by wheelchair users.
This modification ensures that wheelchair users will be not be denied seating
based on the task of removing the platforms, and ensures that wheelchair users
will be provided a choice of seating locations throughout the Arena.
The plans for the Arena prior to the filing of the action included 30 seating
locations for wheelchair users in Row 7 on the 200 Level. The plans were
modified to add an additional 20 seating locations for wheelchair users on this
level, and to add an additional 42 seating locations for wheelchair users at
the East End ("East End") of Level 200.
The seats in Row 7 of Level 200 offer better lines of sight than other
wheelchair locations in the Arena, although the lines of sight are still
partially obstructed when spectators in Row 6 (the row immediately in front)
stand.
The best lines of sight for wheelchair users will be provided in the 42
wheelchair locations at the East End of Level 200. The row immediately in front
of those wheelchair locations is located lower than the ordinary difference
between rows. While these lines of sight may be partially obstructed when the
spectators in front stand, the lines of sight will be far better than any which
existed on the plans prior to the filing of the litigation. To improve the
line of sight in the East End and to enhance the sense of integration of these
seating locations into the Arena, the height of the glass in front of these
seating locations has been lowered where allowed by the Building Code.
Better lines of sight could have been afforded had this issue been properly
addressed when the original plans for the Arena were prepared. However, given
the stage of construction of the Arena when this issue was addressed in the
litigation, EPVA concluded that the modifications agreed to by CALLC would
substantially benefit wheelchair users, and that the settlement is in the
interests of wheelchair users.
The Settlement Agreement also addresses operational issues, including the
following:
Season ticket sales for the Buffalo Sabres for wheelchair users and their
able-bodied companions shall go on sale at the same time and in a manner which
will afford full and equal accessibility as is afforded to able-bodied
customers. Wheelchair users and their able-bodied companions shall be afforded
a choice of seating locations, from wheelchair locations in several sections,
on each level, distributed around the Arena.
No season tickets shall be sold to able-bodied customers (other than
able-bodied companions of wheelchair users) in designated wheelchair locations
on a level, unless and until all of the other seats at that level of the Arena
have been sold as season tickets.
Ticket sales for wheelchair users and their able-bodied companions for
individual events shall go on sale at the same time, and in a manner which
affords full and equal accessibility as is afforded to able-bodied customers.
Wheelchair users and their able-bodied companions shall be afforded a choice of
seating locations.
CALLC and Niagara Frontier Hockey, L.P. have established the Marine Midland
Arena Accessibility Advisory Committee (the "Accessibility Advisory
Committee,,) to advise and consult with them with respect to, among other
things, accessibility of the Arena to persons with disabilities, on a
continuing basis. EPVA shall have a representative on the Accessibility
Advisory Committee.
Both the construction plans, and the ticketing plans, make provision for
seating for able-bodied companions of wheelchair users.
During the building permit process, the City of Buffalo took an active interest
to ensure that the arena was accessible. Throughout the negotiations to settle
the litigation, CALLC and its counsel were responsive to EPVA's concerns.
During the negotiations to settle the litigation, the City of Buffalo took the
position that the resolution of the case was a matter between EPVA and CALLC.
While EPVA is pleased with the resolution of this matter, EPVA was
disappointed that the City did not take a more active role to ensure that the
Arena was fully accessible to wheelchair users.
III. Other Arenas
The United States Department of Justice has commenced a litigation in the
United States District Court for the District of Minnesota against Ellerbe
Becket, the architect for the Marine Midland Arena and for arenas in several
other cities. In that litigation, the Department of Justice maintains that the
basic design for the arena bowl, used by Ellerbe Becket in several cities,
fails to provide wheelchair users with a line of sight over standing
spectators.
Litigations, brought by private parties, have also been commenced relating to
arenas designed by Ellerbe Becket in Boston, Philadelphia, Washington, D.C.,
and Fort Lauderdale, Florida.
The proposed settlement of the litigation in Buffalo relates only to the Marine
Midland Arena, and will not determine the issues with respect to any other
arena.
We would be glad to provide further information if it would be useful to the
Common Council.
REFERRED TO THE STADIUM & AUDITORIUM TASK FORCE
No. 109
ERIE CO. HEALTH DEPT.
Delicatessen Licenses
The Commissioner has asked me to respond to your letter of October
22, 1996, regarding delicatessens.
Delicatessens are licensed and inspected by the New York State Department of
Agriculture and Markets. There is a local office at 125 Main Street in
Buffalo, Their phone number is 847-3185.
The Health Department does not license delicatessens. If you have any other
questions, please call me at 858-7677.
RECEIVED AND FILED.
No. 110
G. GRABINER
Proposal for Police Education
Attached please find a preliminary proposal for Police Education
submitted by Gene Grabiner, Ph. D., Chairperson, Social Science, Erie
Community College, City Campus. This proposal is submitted as a basis for
discussion related to Res. 172, CCP Oct.1, 1996, Education Requirements -
Police Officers, which is currently before the Special Committee on Police
Reorganization.
REFERRED TO THE POLICE REORGANIZATION COMMITTEE.
No. 111
P. HABERSTRO
1997 Greater Buffalo Civic Empowerment Award
We are pleased to invite you to participate in the 1997 Greater
Buffalo Civic Empowerment Award competition. This program recognizes citizen
led civic partnerships and accomplishments that enhance our communities and
neighborhoods.
The Greater Buffalo Civic Empowerment Awards will recognize ten outstanding,
projects that meet the criteria indicated in the attached application.
We invite applications from all types of civic partnership programs,
particularly those where citizens take leadership roles in addressing issues in
their neighborhoods, communities and organizations.
Amid the changes in Washington and Albany, American communities and
neighborhoods are seeking and finding their own source of renewal. As
information technology is reshaping the foundations of economic power, renewed
American civic life and spirit of responsibility is helping communities and
neighborhoods to create their future!
All types of communities and neighborhoods are finding innovative ways to take
advantage of their assets. They are building hope, raising resources and
forging partnerships through programs that build sustainable and thriving
communities.
The Greater Buffalo All-America City committee looks forward to recognizing
your inspiring projects at the second annual Civic Empowerment Awards Dinner.
Please assist us by submitting your application per the attached information.
If you have need for further information please call 851-4052. Thank you.
RECEIVE AND FILED.
No. 112
D. LEWANDOWSKI
Summons - Garbage Violation - 1306 Broadway
My client Matthew Peters, the owner of 1306 Broadway and other
properties in the City of Buffalo, has advised me that none of his tenants at
1306 Broadway put out the garbage at the street on 11/11/96 as shown on the
summons. His tenants tell him that someone else dumped that garbage in front
of 1306 Broadway, and that this is not an uncommon practice in the City of
Buffalo, particularly since the imposition of the new garbage fee schedule.
It is unfortunate that the City is so hard up for cash that owners of well
maintained properties who obey city ordinances scrupulously, are being
penalized for the actions of irresponsible persons.
You should be aware that the unfair and indiscriminate enforcement of the
garbage pickup and fee schedule can have a negative effect on city revenues in
the long run, and will encourage dumping on the part of some person.
RECEIVED AND FILED.
No. 113
LOCAL 164
City Union Hiring Practices/Recruitment
(#169, C.C.P. Oct. 15, 1996)
In response to the memorandum you sent to all unions asking for
our comments on the above-mentioned item, this is to advise you that I would
appreciate the opportunity to personally speak before the Committee.
AFSCME Local 264 does not have any apprenticeship programs and also has no say
in who the City hires. Our membership in the union is based on who the City
hires as its employees, and we represent all employees whose job title falls
within our bargaining unit. The Local does not discriminate against anyone.
It would also be impossible for us to file a report listing the total number
and percentage of minorities and women employees we represent since we do not
categorize our membership in any way.
I look forward to the opportunity of appearing before your Committee to further
discuss this item.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 114
J. McCARTHY
Notice Of Filing Rezoning Petition with County Clerk
Enclosed please find the filing receipt for Resolution # 1 62
Ripen With Us Child Care Center, Inc. Petition to Rezone 488 - 502 Kenmore
Avenue. The resolution was filed in the Erie County Clerks office on November
19, 1996.
RECEIVED AND FILED.
No. 115
J. MOSS
Promotional List-Chief Engineer Custodian
I am inquiring as to what can be done toward getting my name on
the Promotional list for Chief Engineer-Custodian. I was appointed First Class
Engineer-Custodian. Provisional on Feb. 8,1993. On Dec. 26,1994 1 was
appointed First Class Engineer/Custodian Probational. On Dec. 26, 1995 I
completed my probationary year of service.
On Dec. 29, 1995 I flied my application and resume for Chief Engineer
Custodian. In Jan. 1996 1 received a notice stating that I obtained 100%, On
Sept. 6,1996 1 visited the Civil Service at 1001 City Hall and requested to see
the promotional list for Chief Engineer Custodian and my name is not on the
list. I was advised to go to the examiner's office at 1014 City Hall. At the
examiner's office my application, resume and score is in a file cabinet. and no
one has any knowledge of when or if my name will be put on the promotional list
for Chief Engineer-Custodian.
Please check into this for me and enlighten me on the situation.
Thank you in advance, I am looking to hear from you very soon.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION.
No. 116
C. Mucci
Resignation-Citizens Advisory Committee
As we discussed, I received your letter concerning the obligation
to file my Annual Statement of Financial Disclosure. I resigned from my
position with the Citizens Advisory Committee on Cultural Arts Funding after
our work was complete in May 1996. At any rate, my term expired on July 1,
1996. Please consider this correspondence notice of my official resignation
from the Committee.
Thank you very much. If you have any questions, please give me a call.
RECEIVED AND FILED.
No. 117
M. NEWKIRK
Problems-183 Box Street
On or about 10/24/94, the building at 183 Box Street was closed.
That was the last day to claim ownership.
I understand from the city inspectors office a sale took place. I didn't hear
about the property until June 1995, that the property was in violation of
codes. A letter was sent from the multiple dwelling department stating I no
longer owned the property at 183 Box Street and I understood that the city
owned or sold the property. Two (2) months later I received a letter from
housing court to appear for violations.
I feel that my rights as a city resident and USA citizen have been infringed
upon. The property had been vandalized, while in the cities possession,.
Until today the city has yet to notify me why I'm still in court concerning
this property. I feel the city is the sole owner of the forestated property
and if I am the owner this property was in your possession prior to the
vandalism and the city should pay for restoring the property in the condition
that it was received in, or tear down the building down and clear the over due
taxes.
I feel this is a legal matter and I am requesting a public hearing at the next
scheduled council meeting.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 118
NYSDEC
Registry of Inactive Hazardous Waste Sites
As mandated by Section 27-1305 of the Environmental Conservation
Law (ECL), copy enclosed, the New York State Department of Environmental
Conservation (NYSDEC) must maintain a registry of all inactive disposal sites
suspected or known to contain hazardous wastes. The ECL also mandates that this
Department notify, by certified mail, the owner of all or any part of each site
or area included in the Registry of Inactive Hazardous Waste Disposal Sites.
Our records indicate that you represent the owner or part owner of the site
listed below. Therefore, this letter constitutes notification of the inclusion
of such site in the Registry of Inactive Hazardous Waste Disposal Sites in New
York State.
DEC Site No.: 915167
Site Name: Fourth Street Site
Site Address: 43 Carolina Street, Buffalo, New York 14202
Site Classification: 2
Enclosed is a copy of the New York State Department of Environmental
Conservation, Division of Hazardous Waste Remediation, Inactive Hazardous Waste
Disposal Site Report form as it appears in the Registry and Annual Report, and
an explanation of the site classifications. The Law allows the owner and/or
operator of a site listed in the Registry to petition the Commissioner of the
New York State Department of Environmental Conservation for deletion of such
site, modification of site classification, or modification of any information
regarding such site, by submitting a written statement setting forth the
grounds of the petition. Such petition may be addressed to:
Mr. Michael D. Zagata, Commissioner
NYS Dept. of Environmental Conservation
50 Wolf Road
Albany, NY 12233-1010
For additional information, please contact me at (518) 457-0747.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 119
R. QUINTANA
Water Bill 17-19 Irving
Please file the attached letter so the issues it raises can be
addressed by the Council..
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 120
TCI OF NY, INC.
Quarterly Telephone Reports
Attached are the quarterly telephone reports for; 1st quarter
1996, January through March; 2nd quarter 1996, April through June; 3rd quarter
1996, July through September, as required by the
franchise agreement.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 121
TCI OF NY INC.
Programming Changes
Effective December 30, 1996, TCI of New York will change the programming
line-up in order to make it more appealing to a broader base of customers and
non-customers.
Some highlights of the programming revisions are:
* THE ANIMAL PLANET and ENCORE PLEX will be added to TCI's Expanded Basic Cable
services.
THE ANIMAL PLANET is an all new product of The Discovery Channel, and it
promises to deliver exciting facts about animals and their environments, people
and their pets, and the splendor of animal kingdom 24 hours a day.
ENCORE PLEX is from the family of Encore channels, and it offers 7 different
themes of commercial-free programming for each day of the week. For instance,
on Sundays, Plex features Love stories, and Wednesdays are reserved for
Westerns, etc. No "R" rated programming will be shown on ENCORE PLEX.
* WTBS and THE DISCOVERY CHANNEL will be moving from Expanded Basic Cable to
the Basic Cable service level.
* C-SPAN 2 will return to TCI's line-up part-time as a Basic Cable service,
sharing channel space with WNEQ when the PBS station is not broadcasting.
C-SPAN II will be carried from midnight to 3:30 PM daily.
* WNYB-Total Christian Television- will rejoin TCI's Basic Cable line-up,
providing their construction is complete and they meet the necessary FCC
requirements. Carriage of WNYB on December 30 is dependent upon WNYB's
progress and success in returning to the airwaves.
* Certain services will be re-assigned to new channel locations (i.e. Home
Theatre Previews, Prevue Guide, FX, Sci-Fi Channel, A&E, Headline News, CNBC,
Empire Sports Network, USA Network, and MTV).
To make room for these unique, family-oriented networks, TCI of New York will
be dropping WWOR, ODYSSEY, and INTRO TELEVISION from our current channel
line-up.
Also, beginning January 1, 1997, our Premium Channel rates will increase by
$2.04 for all customers who receive Starz! or Starz!/Encore packages with up to
1 Premium Channel service and $3.04 for Starz! or Starz!/Encore package
customers with more than 1 Premium Channel service. This increase is due to
the fact that beginning in January, Starz! will carry more first-run movies
than any other optional pay service.
I have enclosed a channel line-up comparison, which lists current channel
positions as well as new channel positions to take effect on December 30.
We are alerting our customers within the required time-frame with a notice in
the mail.
As always, if you have any questions regarding these changes that will occur on
December 30 and January 1, please call me at 716-843-8090.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 122
UNITED IRISH-AMERICAN ASSN. INC.
Waive Fees-St. Patrick's Day Parade
This year we worked with the Special Events Committee of the City
of Buffalo to coordinate the interaction with the City for the various services
provided to put on the Saint Patrick's Day Parade in Buffalo. We appreciate
the efforts of the Special Events Committee to assist us this year. We
recognize that their combined work allowed them to waive the security fee and
the street closing fee for 1996 and require that we pay to have the street
barricades set up.
We understand that the Special Events Committee was set up to afford all groups
sponsoring special events fair treatment. We respect that wish of the Common
Council but we respectfully request that since our Special Event differs from
others in the, City that there be an exemption from the rules of the Special
Events Committee for Special Events that do not raise any money.
Our sole purpose as an organization is to conduct the annual St. Patrick's Day
Parade which has been held by our organization since 1941 in the City of
Buffalo. This Parade is to honor the patron saint of Ireland, it remembers our
great cultural heritage as well as our contributions to this great country.
The entries in the annual St. Patrick's Day Parade include many of the Irish
religious, cultural, civic and athletic organizations as well as a greater
number of entries from groups of different heritage all coming together for one
day to recognize St. Patrick and the Irish community in Western New York.
Although this is our main reason for existing, and many of us volunteer our
significant time and effort for a wide variety of personal reasons, the by
product of this annual event has become almost larger than the event itself.
That is, the St. Patrick's Day Parade brings well over 100,000 people into the
City of Buffalo on a Sunday afternoon in March. It is fair to say that this
many people would not ordinarily be seeing downtown Buffalo at its finest
without this event. Along with watching the Parade from Delaware Avenue it is
also safe to say that these people bring a significant amount of business to
the downtown area the weekend of the St. Patrick's Day Parade and corresponding
sales tax revenues to the City of Buffalo.
All fund raising that we do is to raise funds to conduct this annual event.
Our main cost is that of prize money for Bands and trophies for other winning
entries. We have no paid employees; all of our members volunteer their time.
We believe we are requesting help from you in a sufficient amount of time
preceding the 1997 St. Patrick's Day Parade to allow any necessary Common
Council action. We respectfully request that the St. Patrick's Day Parade
organized and conducted by the United Irish American Association to be exempt
from the fees imposed by the Special Events Committee. The reason for this is
the belief that the massive time and effort put forth by our organization does
not raise money for us but significantly helps promote the City of Buffalo and
contributes to the revenues of the City.
In order to avoid the problems we faced this year with decisions that had to be
made three days before the Parade, we would appreciate your answer by early
August, 1996. We are making our plans for the 1997 St. Patrick's Day Parade to
be held on Sunday, March 16, 1997.
REFERRED TO THE COMMITTEE ON FINANCE AND THE SPECIAL EVENTS.
No. 123
US POSTAL SERVICE
Reconsider/Procedure/Problems Renaming Streets
This letter is in response to the recently passed Common Council
resolutions renaming 16th Street to "Union Place" and the first block of
Prospect Avenue to "Rabin Terrace".
We are very concerned about the impact of these proposed changes on postal
service and request the council's immediate reconsideration. Changing street
names without U. S. Postal Service input creates extremely serious consequences
for postal customers, mailers, and the Postal Service.
One problem is creating similar street names within a specific delivery area.
The Buffalo Post Office encompasses not only the city of Buffalo proper but
also surrounding communities such as Amherst, Cheektowaga, Williamsville, etc.
(that is, all communities with a ZIP Code beginning with 142). The situation
of duplicate street names within the 142 ZIP Code delivery area causes
confusion to mailers nationwide and possible misdirection of mail to the wrong
ZIP Code.
For example, within the Buffalo postal area there already exists Union Place in
ZIP Code 14221 and also Road in ZIP Codes 14204. 14225 and 14227. We are
extremely concerned that the renaming of 16th Street and using Union Place as a
mailing address will create a potential problem for our city customers, who may
experience having their mail misdirected and delayed. Therefore, we highly
recommend that 16th Street remain as 16th Street and that customers retain it
as their mailing address.
We also advise against the renaming of only parts of contiguous streets. This
issue is a concern not only to us, but also to other delivery and emergency
services and to visitors attempting to locate the area on a map, not to mention
the confusion to literally millions of mailers nationwide.
If the council's proposal means using these new street names as mailing
addresses, then every affected postal customer would be forced to contact all
their correspondents about the new mailing address, creating a significant
amount of work and personal expense.
Hopefully it is not too late to reconsider the attached proposals, and we would
appreciate an opportunity to discuss this matter in more detail. We also want
to discuss establishing a procedure for the Common Council to solicit U. S.
Postal Service input of proposals that can affect mail delivery to City of
Buffalo customers.
Members of my staff will contact you soon to discuss this matter. Thank you
for our consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 124
VALLEY COMMUNITY ASSN.
Concerns-Assignment of Police Car - Sector 6/So. District
It has come to my attention that plans are well under way to expand
the current boundaries of the Buffalo Police Department South or A District. I
am alarmed and feel immediate urgency to stop this plan which is supposed to be
implemented by December 15th, 1996.
You must consider other factors not just calls for service. Geographically,
this huge area includes major industries adjacent to the lake and Buffalo River
and many residential areas which now include the Commodore Perry Projects when
BMHA police are not in service. Response time is another issue of concern.
I work in the Valley neighborhood and live in the First Ward known as sector 6
within the A District. This is the last sector to be assigned a car - only if
one is available. I, nor the residents will tolerate any more reductions in
police services. We were promised a car for sector 6 at all times and it is an
exception rather than the rule when we get one. Please respond to this letter
informing me of exactly what is planned for the A District within one week of
the date of this letter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE
PETITIONS
No. 125
The Carriage Shoppe, owner, petition to use 1359 Seneca for a
pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 126
Niagara Cold Drawn Corp., owner, petition to use 110 Hopkins for
storage addition.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 127
M. Grasso and Others-Oppose Garbage User Fee.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS
HON. BONNIE K. LOCKWOOD
CHAIRMAN
No. 128
Claims Committee Report
Compromise And Settlement Of Actions For Personal Injury
That upon the recommendation of the Corporation Counsel, the following
actions for personal injury arising out of alleged negligence on the part of
the City be compromised and settled:
A 1 Miriam Ramos P/N/G of Christina Ojeda $1,100.00
A 2. Chester Schultz $8,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims,.Claims Prior Years, payable to the
respective claimants or plaintiffs and their attorneys, if any, hereinabove
named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED.
AYES - 13 NOES - 0
No. 129
Personal Injury
A 3. Robin Lewis $ 35,000.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED
No. 130
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. David P. Anderson
Claim for damage to a 1987 Chevrolet Caprice. A masonry wall a proximately
twelve (12) feet in height owned by the City fell on the vehicle.
$2,870.42
B 2. Margaret Conway
Claim for water damage to the claimant's basement and contents in May 1996 at
136 Central Avenue. $1,300.00
B 3. Rosemary Myszka
Claim for removal and replacement of sections of a concrete driveway and apron
at 423 Skillen Street. $ 700.00
B 4. Deborah J. Robinson
Claim for replacement of a front wheel for a 1995 Volvo automobile on February
2, 1996. Claimant hit an uncovered water valve box at the corner of Swan and
Hickory Streets. $ 157.12
B 5 Joan Siegel
Claim for damage to clothing due to muddy water at 290 Choate Street on June 4,
1996. Hydrants in the area were being pressure tested and were incorrectly
opened and closed which stirred up sediments of dirt.
$ 175.00
B 6. James R. Snajczuk
Claim for replacement of eyeglasses broken in the line of duty in the Fire
Department. $ 175.98
B 7. Linda Tanyi
Claim for damage to a roof at 255 O'Connell Avenue, The lot adjacent is owned
by the city and vacant. Large trees have grown on this lot and have caused
damage to the property, particularly the roof.
$1,972.50
B 8. Lynne Tychowskyj
Claim for damage to a 1995 Nissan automobile. While backing out of her
driveway at 15 Ramona Street, the front bumper was cracked due to the height of
the driveway apron. $ 476.13
B 9. Stephanie Weary
On December 4, 1995, a vehicle, a 1987 Caprice Classic owned by Stephanie J.
Weary was impounded by the Buffalo Police Department. A hold order had been
placed on the vehicle but it was sold at auction.
$1,000.00
B 10. Richard White
Claim for damage to a 1985 Mercury Marquis Station Wagon. The vehicle was
involved in an assault and the police ordered it impounded. During the towing
of the vehicle the bumper was pulled off and separated from the frame because
of the way the vehicle was hooked up and towed, $1,038.96
B 11. Denise Wilson
Claim for damage to claimant's automobile, a 1987 Nissan, due to vandalism
while it was in the care, custody and control of the City at the Tonawanda
Street Impound Garage. $ 388.48
B 12. Samuel Roberts
Claim for reimbursement for the cost of excavation and replacement of a water
line at 64 Dewey Avenue, The Water Authority incorrectly advised Mr. Roberts
that there was a leak on his supply line and upon excavation it was determined
that the leak was actually from the neighbor's side of a twin supply line which
had serviced both residences. $1,800.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys', if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES - 13 NOES - 0
No. 131
Miscellaneous invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C 1 Buffalo Family Practice Medical Associates
Claim for payment of prior fiscal year Invoice # 10362C MULLEN,J. for
services rendered to Firefighter Joseph Mullen who suffered a back injury
in the line of duty. $74.65
C2. Buffalo Spine & Sports Medicine
Claim for payment of prior fiscal year Invoice 4040395/BROWN,V for services
rendered to Firefighter Victor Brown who injured his neck in the line of duty.
$47.26
C3. MFHS Physicians Emergency Service
Claim for payment of two (2) prior fiscal year invoices for services rendered
to Firefighters Thomas Bunk and Greg Wisniewski who were injured in the line of
duty. Thomas Bunk (Invoice #110795/BUNK,T) sprained his knee in the line of
duty, Greg Wisniewski (invoice #1 10995/WISNIEWSKI,G) injured his shoulder in
the line of duty $101.78
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims prior years, payable to the Respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 132
Miscellaneous Invoice
C4. Comptroller, State of New York
Spill No. 93-9088
The New York State Attorney General's Office has forwarded to this Department a
prior fiscal year invoice in the amount of $16,969.05. This amount is to
reimburse the State for remedial work at property located at 296-298 Plymouth
Avenue. The invoice is for excavation of soil and disposal due to an oil
spill, a leak in an underground storage tank at 296-298 Plymouth Avenue.
The property is currently owned by BURA and was so owned at the time of the
remedial work at the property in 1993. Payment of this invoice has been
delayed because there was some question as to whether the City or BURA would
assume responsibility for these costs. After several meetings with both City
and BURA officials, Edward Peace, Alan DeLisle and Michael McCarthy, it was
decided that the City would provide payment on BURA's behalf. $16,969.05
That the above be and the same is hereby referred to BURA.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED
No. 133
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C5. Niagara Mohawk
Claim for payment of prior fiscal year Invoice # 113462 forservices rendered to
the Department of Public Works, Division of Engineering.
$800.00
C6. University Medical Practice Services, Inc.
Claim for payment of prior fiscal year Invoice #94369 1573M for services
rendered to retired Firefighter Max Adamczyk who injured his knee in the line
of duty. $ 47.26
C7. Miriam Winokur
Arbitrator/Mediator
Claim for payment of (2) two prior fiscal year invoices for the City's share of
arbitrator services rendered regarding Grievance Cases #G95-20, #G91-451 and
#G94-751. $1,499.88
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES - 13 NOES - 0
No. 134
Miscellaneous Payroll
D 1. Frank Piracci and Joseph Scinta, Sr.
94-CV-500 (S) (H)
Please see confidential attorney work product, pages 3 and 4 for explanation.
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mrs. Lockwood now moved:
The approval of the claim of Frank Piracci in the amount of
$ 8,067.23
The approval of the claim of Joseph Scinta, Sr. in the amount of
$7,379.48
The approval of the claim for Court filing fee and deposition
in the amount of $ 279.25
The approval of the claim for attorney's fees in the amount of
$5,000.00
That checks be drawn on the account of 91-2 General City Charges
100-812-000-00-809 and Fund No. 81300809 Judgment and Claims Prior Years,
payable to the respective claimants and plaintiffs and their attorneys, if any,
hereinabove named, in the amounts set opposite their names and delivered to
them upon execution and delivery to the Corporation Counsel of proper releases
and closing papers.
LOST
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
QUINTANA - 8
NOES- BROWN, GRAY, PITTS, WILLIAMS, ZUCHLEWSKI - 5
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED.
No. 135
Report to the Claims Committee
That, upon the recommendation of the Common Council Claims Committee,
the following claims be paid:
E 1. Louis DeFiore
Mr. DeFiore sustained damages to his hot water tank in the amount of $66.20
following a period of heavy rainfall $66.20
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED
AYES - CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, WILLIAMS- 7
NOES - BROWN, COPPOLA, GRAY, KAVANAUGH, QUINTANA, ZUCHLEWSKI - 6
No. 136
Report to the Claims Committee
That, upon the recommendation of the Common Council Claims Committee,
the following claims be paid:
E 2. Barbara A. Giondek
Claim for damage to the apron of the driveway at 287 Fenton Street caused by
City snowplows on December 13, 1995. $400.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-909 Judgment and Claims Prior Year, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES 13 NOES - 0
No. 137
Report to the Claims Committee
That upon the recommendation of the Common Council Claims Committee,
the following claims be paid:
E 3. Michele Graves
Claim for pothole damage to her vehicle a 1992 Ford Escort on March 4, 1996 on
Main Street near Sister's Hospital. $366.20
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
LOST
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, PITTS - 8
NOES - BROWN, LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI - 5
No. 138
Report to the Claims Committee
That, upon the recommendation of the Common Council, Claims Committee,
the following claim be paid:
E 4. Regina Lettieri
Item No. 104, C.C.P. June 25, 1996 (Recommitted)
Claim for damage to a 1995 Dodge Neon vehicle that was parked at 198 Parkdale
Avenue on January 4, 1996. Claimant alleges that a City Snow Plow damaged the
vehicle between the hours of 2:00 A.M. and 10:00 A.M. $493.78
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS - 10
NOES - BROWN, KAVANAUGH, ZUCHLEWSKI - 3
No. 139
Report to the Claims Committee
E 5. Barbara S. Miner
Item No. 171, C. C.P., November 14, 1995
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS - 11
NOES - KAVANAUGH, ZUCHLEWSKI - 2
No. 140
Report to the Claims Committee
E 6 Celia Szpila
Claim for overcharge on the December 1995 Water bill for 242 Weimar Street in
the amount of $60.00
E 7 TCI of New York, Inc.
Item No. 107, C.C.P. June 25, 1996 (Recommitted)
Claim for damage done to cable line by the Division of Water at 981 Perry near
Peabody. City personnel were digging to locate the 48" watermain and
inadvertently damaged the underground trunk cable.
$816.49
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
*AYES - 13 NOES - 0
* Mr. Quintana was in the negative on E-7 only.
No. 141
Report to the Claims Committee
E 8 Louise A. Toth
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mrs. Lockwood now moved that the above item be recommitted to the Committee on
Claims.
Seconded by Mr. Czajka.
ADOPTED
CIVIL SERVICE
HON. DAVID CZAJKA
CHAIRMAN
No. 142
Appointment
Senior First Class Stationary Engineer
That Communication 30 be received and filed and the Permanent
appointment of Herbert E. Hoque Jr. stated above at the Maximum salary
$30,722.00 effective on November 1, 1996 is hereby approved.
PASSED
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - BROWN - 1
No. 143
Appointment
Senior Class Stationary Engineer
That Communication 31 November 12, 1996 be received and filed
and the Permanent anointment of Mark J. Fillmore stated above at the Maximum
salary $30,728.00 effective on November 2, 1996 is hereby approved.
PASSED.
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - BROWN - 1
No. 144
Notices of Appt. - Temp./Prov./Perm. (Cclk)
(Item # 70 CCP November 12,1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - BROWN - 1
No. 145
Nullify Court Order Restricting Credit Union Growth
(Item No. 145, C.C.P., Nov. 12, 1996)
That this Common Council supports Credit Unions and the freedom
of choice that they encourage; and
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.
ADOPTED.
No. 146
Salary Ordinance Amendment
09-0 Department of Assessment
001 - Assessment
(Item No. 149, C.C.P., Nov. 12, 1996)
That the Salary Ordinance Amendment as contained in Item No. 149,
C.C.P., November 12, 1996, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 147
Temporary Easements - Watermain in South Park
(Item No. 38, C.C.P., Oct. 15, 1996)
That the Commissioners of Public Works and Human Services, Parks
and Recreation be, and they hereby are authorized to grant a temporary
construction easement to engineering consultants, Nussbaumer & Clarke, for Our
Lady of Victory Institutions, within South Park, as more particularly described
in the above communication. This easement is granted on the condition that
upon completion of the proposed construction of the lands in question would be
repaired and returned to their present condition. This easement is subject to
review by the Law Department.
PASSED.
AYES - 13 NOES - 0
No. 148
Bflo. Convention Ctr.-Req.Waive Fees-Var.Events
(Item # 88 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI - 11
NOES - BROWN, KAVANAUGH - 2
No. 149
Convention Ctr. Waive Fees-Var.Events (A&F)
(Item # 60 October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOCKWOOD, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI - 11
NOES - BROWN, KAVANAUGH - 2
No. 150
Permit Fees - Convention Ctr. (PW)
(Item # 29 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 151
Bflo. Sheet Metal-Req. Repair Central Ave.
Item #89, CCP, Oct. 15, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 152
Permission to Engage Consulting Engineer
Rehabilitation of Pumps - Col. Ward and Manhattan Tank
(Item No. 26, C.C.P., Oct. 29, 1996)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer for work relating to
Rehabilitation of Pumps Colonel Ward Station and Manhattan Tank. Funds for
this project are available in the Division of Water's 416-983-502-00-000
account.
PASSED.
AYES - 13 NOES - 0
No. 153
Permission to Engage Consulting Engineer
- Low Lift Pump Room Study
(Item No. 27, C.C.P., Oct. 29, 1996)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer for work relating to Low Lift
Pump Room Study at the Colonel Ward Pumping Station. Funds for this project
are available in the Division of Water's 416-983-502-00-000 account.
PASSED.
AYES - 13 NOES - 0
No. 154
Making Gifts of Public Funds (CC)
(Item # 36 CCP October 29, 1.996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 155
Garbage Collection User Fee-Bill for Legal Serv. (CC)
(Item # 38 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 156
Result of Negotiations - 37 Lang
(Item No. 13, C.C.P., Nov. 12, 1996)
That the offer of Ms. Gladys G. Herndon, 41 Lang Street, in the
sum of $750.00 (Seven Hundred and Fifty Dollars) to purchase the property
described as 37 Lang 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. 157
Result of Negotiations - 117 Verplanck
(Item No. 14, C.C.P., Nov. 12, 1996)
That the offer of Cold Spring Church of God in Christ Jesus, 107
Verplanck, to purchase the property described as 117 Verplanck, be and hereby
is denied.
ADOPTED.
No. 158
Result of Negotiations - 110 Welker
(Item No. 15, C.C.P., Nov. 12, 1996)
That the offer of Cold Spring Church of God in Christ Jesus, 107
Verplanck, in the sum of $1,000.00 (One Thousand Dollars) to purchase the
property described as 110 Welker, 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. 159
Comptroller's Report on City of Buffalo Insolvency
(Item No. 161, C.C.P., Nov. 12, 1996)
That the Common Council requests the Comptroller to provide a
report on the City of Buffalo's present "solvency."
ADOPTED.
No. 160
Certiorari Proceedings - Aim Corrugated Container Corp.
34 Manitoba, Fiscal Year 1996-97
Item No. 18, C.C.P., Nov. 12, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved:
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.
PASSED.
AYES - 13 NOES - 0
No. 161
Bids - Michigan Avenue Lift Bridge Electrical
(Item No. 21, C.C.P., Nov. 12, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Michigan Avenue Lift Bridge Electrical
Construction, to Ferguson Electric, the lowest responsible bidder in the amount
of $569,000.00, plus approved unit prices for an additional amount of
$56,900.00 for a total encumbrance of $625,900.00. Funds for this project are
available in the Division of Engineering Bond Fund which will be identified by
the Comptroller when these funds become available.
PASSED.
AYES - 13 NOES - 0
No. 162
Change in Contract - Expansion of
Precinct # 13 General Contract Work
(Item No. 23, C.C.P., Nov. 12, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order No. 2 to Nichter, Inc., changes resulting in a net
increase in the amount of $13,251.16, as more fully described in the above
communication, for work relating to the Expansion of Precinct 413, General
Contract Work - C #91850400. Funds for this project are to be charged to
Account No. 200-402-013, Division of Buildings.
PASSED.
AYES - 13 NOES - 0
No. 163
Emergency Demolition - 548 Adams
(Item No. 47, C.C.P., Nov. 12,1996)
That the above item be, and the same hereby is, returned to the
Common
Council without recommendation.
Mr. Franczyk moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 164
Emergency Demolition - 312 Carlton, etc.
(Item No. 48, C.C.P., Nov. 12, 1996)
That the award by the Commissioner of Community Development of
emergency demolition contracts to Great Lakes Contracting at a cost of
$5,125.00, relating to 312 Carlton and garage, at a cost of $5,125.00, relating
to 41 Sweeney for a total aggregate bid of $10,250.00 are hereby confirmed,
ratified and approved, with said costs to be charged against Capital Projects
Fund #200-241-003-00000.
PASSED.
AYES - 13 NOES - 0
No. 165
Emergency Demolition - 782 S. Division, etc.
(Item No. 49, C. C. P., Nov. 12, 1996)
That the award by the Commissioner of Community Development of
emergency demolition contracts to Great Lakes Contracting at a cost of
$6,600.00, relating to 782 S. Division, at a cost of $3,450.00 relating to 192
Moselle, at a cost of $4,000.00 relating to 337 Box, are hereby confirmed,
ratified and approved, with said costs 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 1 13 of the Code of the
City of Buffalo.
PASSED.
AYES - 13 NOES - 0
No. 166
Emergency Demolition - 207 Watson
(Item No. 51, C. C. P., Nov. 12, 1996)
That the award by the Commissioner of Community Development of
an emergency demolition contract to Great Lakes Contracting at a cost of
$4,600.00, relating to 207 Watson, is hereby confirmed, ratified and approved,
with said cost to be charged against Capital Projects Fund 4200-241-002-00000.
PASSED.
AYES - 13 NOES - 0
No. 167
Report of Audit-Division of Water
(Item # 9 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 168
Reply to Audit-Div. of Water (PW)
(Item # 28 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 169
D. Zuchlewski-Ad.-RFP's Water Treatment Oper.
(Item # 93 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 170
Contract Operations-Div. of Water
(Item # 39 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 171
Imp.Collection/Investigate Merger Sewer/Water
(Item # 198 CCP October 29, 1996)
That the above mentioned item he and the same is hereby received
and filed.
ADOPTED
No. 172
Water/Sewer Collection (PW)
(Item # 27 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 173
Imp. Collection-Merge Sewer/Water (BSA)
(Item # 6 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 174
W.D.S. of Buffalo - Petition to Use 3488 Main Street
- Pole Signs
(Item No. 85, C. C.P., Nov. 12,1996)
That after a public hearing before the Committee on Legislation
on November 19, 1996, the petition of W.D.S. of Buffalo, owner, for permission
to use 3488 Main Street for two (2) illuminated pole signs, as per their
original site plan be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0
No. 175
Anthony J. Hurliman - Petition to use 1457-1459 Hertel Avenue - Outdoor Patio
(Item No. 86, C.C.P., Nov. 12,1996)
That after a public hearing before the Committee on Legislation
on November 19, 1996, the petition of Anthony J. Hurliman, owner, for
permission to use 1457-1459 Hertel Avenue for an outdoor patio be, and hereby
is approved.
PASSED.
AYES - 13 NOES - 0
No. 176
135 Delaware, Inc. - Petition to use 157-161 Delaware
Avenue - Parking Lot
(Item No. 87, C.C.P., Nov. 12, 1996)
That after a public hearing before the Committee on Legislation
on November 19, 1996, the petition of 135 Delaware, Inc., owner, for permission
to use 157-161 Delaware Avenue for a parking lot be, and hereby is approved on
the condition that the landscaping and fencing be subject to the further review
and approval of the City Planning Board and the Common Council.
PASSED.
AYES - 13 NOES - 0
No. 177
Ramesh & Bonnie Chainani - Petition to use 520 Elmwood - Sit-in Restaurant
(Item No. 88, C.C.P., Nov. 12, 1996)
That after a public hearing before the Committee on Legislation
on November 19, 1996, the petition of Ramesh & Bonnie Chainani, owner, for
permission to use 520 Elmwood Avenue for a sit-in restaurant and outdoor patio
be, and hereby is approved subject to the conditions of the Department of
Public Works and Corporation Counsel. Any proposed signage must be in
compliance of the underlying zone.
PASSED.
AYES - 13 NOES - 0
No. 178
Establish Night Court Hours (Pol)
(Item # 61 CCP March 19, 1996)
That the above mentioned item be and the same is hereby referred
to Police Reorganization.
ADOPTED.
No. 179
Establish Night Court Hours (A&F)
(Item # 61 CCP April 2, 1996)
That the above mentioned Item be and the same is hereby referred
to Police Reorganization.
ADOPTED
No. 180
Noise-2192 Niagara (Gulley's Rest)(Hrg. 7/16)
(Item # 195 CCP June 25, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 181
Smart Gun Tech.
(Item # 152 CCP October 1, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Info. Smart Gun Tech. (Police)
(Item # 45 CCP October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Municipalization-Elect.Distrib.Lighting (PW)(#37.4/16)
(Item # 180 CCP September 17, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Garbage Recycling Enterprise Fund Equip.
(Item # 232 CCP September 17, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 185
Garbage/Recycling Enterprise Fund Equip. (CC)
(Item # 39 CCP October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Garbage/Recycling Enterprise Fund Equip. (Sts)
(Item # 56 CCP October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Garbage/Recycling Equip. (A&F)
(Item # 61 CCP October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 188
Immaculate Conception Church-Haz. Condition-166 Edward
(Item # 75 CCP October 1,1996)
That the above mentioned item be and the same, is hereby received
and filed.
ADOPTED.
No. 189
Immaculate Conception Church-Haz.Cond.-166 Edward (CD)
(Item # 54 CCP November 12. 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 190
Transfer Numbering of Buildings to Bureau of Administrative Adjudication
(Item No. 145, C.C.P., Oct. 1, 1996)
That the Law Department prepare an amendment to Chapter
109, Sub-Section 109-3, "Enforcement", by transferring the duty of enforcing
numbering of buildings from the City Engineer to the Bureau of Administrative
Adjudication; and
That the Law Department prepare an amendment to Chapter 109-5, "Refusal
to Comply; Notice to Correct; Performance of Work by City," to reflect the
authority of the Administrative Adjudication Bureau, while at the same time
retaining the powers granted to the City Engineer under this Sub-Section ; and
That the Bureau of Administrative Adjudication prepare a new fine
schedule for any violations of this Code and submit it for review and approval
of the Common Council.
ADOPTED.
No. 191
Emergency Medical Service (Fire)
(Item # 42 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Request Charity Gambling-Dntwn. (Last Resolve Only)
(Item # 159 CCP October 1, 1996)
That the above mentioned item be and the same is hereby received
and fired.
ADOPTED.
No. 193
BEDC-Charity Gambling Casino Downtown
(Item # 87 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 194
Charity Gambling Casino
(Item # 55 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 195
NYS Dept. of State - Casino Gambling
(Item # 79 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 196
Advisory Referenda (CC)(#41,9/17)
(Item # 123 CCP October 29, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 197
Meeting Minutes (Bd.Ethics)
(Item # 9 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 198
Encroach - 738 Seneca Street - Handicap Ramp
(Item No. 24, C.C.P., Nov. 12,1996)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Mike Alessi, as agent for Marine Midland Bank,
located at 738 Seneca Street, to install a handicap ramp, which would encroach
city right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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 be constructed so as not to be permanent in nature.
4. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage out of the construction, maintenance, use and removal of said ramp.
PASSED.
AYES - 13 NOES - 0
No. 199
Snow Plan 1996/97
(Item # 57 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 200
Restaurant/Dancing Class IV - 1356 East Delavan Avenue
(Item No. 55, C.C.P., Oct. 1, 1996)
(Item No. 127, C.C.P., Nov. 12, 1996)
That pursuant to Chapter 150 of the Code 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.
PASSED.
AYES - 13 NOES - 0
No. 201
Grant Easement - 494 Elmwood Avenue
(Item No. 147, C.C.P., Nov. 12, 1996)
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.
ADOPTED.
No. 202
Ordinance Amendment - Chapter 343 Promoting General Welfare of Minors in Public
Places
(Item No. 167, C.C.P., Nov. 12, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to refer the above item to the Police Reorganization
Committee.
ADOPTED.
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, KAVANAUGH, LOCKWOOD, LOTEMPIO , PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI - 11
NOES - GRAY, HELFER - 2
No. 203
Appointment of Member to the Buffalo Board of Parking
(Item No. 2, C.C.P., Oct. 29, 1996)
(Item No. 130, C.C.P., Nov. 12, 1996)
That the appointment to the Buffalo Board of Parking of Brenda
Follmer, residing at 231 Richmond Avenue, for a term expiring on March 31,
1998, be and hereby is confirmed.
ADOPTED.
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 204
Transfer Title - Homestead Prog.-49 St. Paul, St.
(Item # 55 CCP October 29, 1996)
That the above communication is hereby returned to the
Council without recommendation.
Mr. Zuchlewski moved that the above item be recommitted to the Committee on
Community Development.
ADOPTED.
No. 205
Transfer of Title - Urban Homestead Program - 89 Dodge Street
(Item No. 54, C.C.P., Oct. 29, 1996)
That the above item is hereby returned to the Council without
recommendation.
Mr. Zuchlewski moved that the above item be recommitted to the Committee on
Community Development
ADOPTED.
SPECIAL COMMITTEES
POLICE REORGANIZATION
HON DAVID J. CZAJKA
CHAIRMAN
No. 206
Citizen Complaint Forms-Police Dept.
(Item # 217 CCP March 7, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 207
911 Calls
Item # 198, CCP, Oct. 3, 1996
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 208
911 Calls (Hrg. Held)
(Item # 200 CCP October 3. 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 209
Req.Status Rpt.Police Dept. Reorganization
(Item # 190 CCP April 16, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 210
Maintain Pct. #3 (A&F)
(Item # 73 CCP November 14. 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 211
Maintain Pct.#3 (Pol)
(Item # 35 CCP November 28, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 212
East Side Police Station
(Item # 69 CCP January 9, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 213
East Side Police Station (Pol)
(Item # 35 CCP January 23, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 214
East Side Police Station (A&F)
(Item # 53 CCP January 23, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 215
Update on Police Reorg. (Police)
(Item # 39 CCP April 16, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 216
Maintaining Pct. #3
(Item # 190 CCP October 31, 1996)
That the above mentioned item be and the same is hereby received
and fired.
ADOPTED.
No. 217
B. Turner-Lease 1196 Main-Police Sub Station
(Item # 86 CCP April 30, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 218
Laurel St. Blk.CT-Support Add 6th Pct. to Plan
(Item # 94 CCP May 14, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 219
Grant/Ferry Assn.Closing Pct. 5
(Item # 71 CCP September 17, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 220
Reassign.Police Pers. Pct. 5
(Item # 89 CCP November 12, 1996)
That the above mentioned item be and the same is hereby received
and fired.
ADOPTED
RESOLUTIONS
No. 221
By: Mr. Brown
Vibratech, Inc. Hazardous Waste Site
Whereas: Vibratech, Inc., a company which has ceased operations
in the city of Buffalo and which has sold its former plant property at 537 East
Delavan Avenue, is currently remediating hazardous wastes at 537 East Delavan;
and
Whereas: A November 1996 NYSDEC fact sheet notes that Vibratech, Inc. is
using a method known as ex-situ soil vapor extraction (SVE) under which
contaminated soils are excavated and placed in "SVE units" which use slotted
pipes, vacuum technology and carbon filtration to remediate the soils ; and
Whereas: Businesses located near the Vibratech property have been getting
printed updates on the status of this site but it doesn't appear that
neighboring residents have been getting the updates; and
Whereas: Neighbors of the site have reported solvent odors from the site and
from local sewers and are concerned that they may be impacted by the Vibratech
contaminants;
Now, Therefore, Be It Resolved That:
This Council requests the Office for the Environment to walk the site, to
contact local block club representatives near the site, to contact the
regulatory agencies and to file a short summary of information on the cleanup
being done at the Vibratech site, noting any environmental or health impacts
this site may have on its neighbors; and
Be It Further Resolved That:
This Council requests the NYSDEC to start sending copies of printed updates to
residents of the neighborhoods surrounding the Vibratech site, to file copies
of any updates with the Council, and to arrange a meeting with both residential
and commercial neighbors of the site to explain the cleanup process.
Be It Resolved that the last resolve is hereby referred to the Committee on
Legislation and the Environmental Management commissioner and that the second
(2nd) resolve is hereby adopted.
ADOPTED.
No. 222
By: Mr. Brown
Unsolved Homicides & Understaffing in B.P.D. Homicide Unit
Whereas: Numerous concerns are being raised about the number of
unsolved homicides in the City of Buffalo; and
Whereas: Among these concerns is the speculation that the largest number of
homicides in Buffalo involve African Americans living on the City's East Side
and that the largest number and percentage of unsolved homicides in the city
also involves the same population; and
Whereas: While both past history and present statistics reveal that a direct
correlation exists between increased crime rates and communities with high
unemployment and minimal opportunity, it is nevertheless an alarming and
disturbing condition if the speculation concerning homicides is correct; and
Whereas: It is the belief of this Council that the minimal staffing level
for the Homicide Unit, based on the nature of the investigations and previous
staffing levels, should be two officers per shift, with two additional officers
on call during the on call hours; and
Whereas: An additional concern is that the staffing levels and assignments
in the homicide unit have been reduced in recent months; and
Whereas: The safety of the citizens of Buffalo, as well as that of the
Police Officers, is being placed in jeopardy if the emphasis on homicide
investigations is being diminished;
Now, Therefore, Be It Resolved:
That this Common Council request that the Commissioner of Police file a report
with this Body prior to 2 PM on Thursday, December 5, 1996, detailing the
staffing and assignment levels in the homicide unit and the average case load
per detective; and
Be it Further Resolved:
That the report also detail the following information from 1991 to the present:
Total Homicides
Total Homicides involving African Americans Total Homicides involving others
Total Non-Homicide Cases
Total Non-Homicides involving African Americans
Total Non-Homicides involving others
Total Homicides Occurring on the East Side
Homicide Cases cleared;
Be it Further Resolved:
That if the current levels fall short of the two per shift and two on call
minimum, this Council requests that the Commissioner act immediately to insure
that the staffing levels be raised to this minimum standard; and
Be it Finally Resolved:
That during budget deliberations for fiscal 1997-98, serious consideration be
given to adding four to six detectives to the Homicide Unit, with the
appointments reflecting the diversity of the City's population.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No. 223
By: Mr. Brown
Hang Banners for Grassroots, Inc. Super Sale
Whereas: Grassroots, Inc. has held successful "Super Sales" for
the last two years and will be holding a third Super Sale on Saturday,
December 14, 1996;and
Whereas: Grassroots, Inc. has requested permission to hang banners
advertising the Super Sale at East Utica and Roehrer and at East Ferry and
Roehrer between now and December 15th;
Now, Therefore, Be It Resolved That:
This Common Council grants permission to Grassroots, Inc. to hang banners at
East Utica and Roehrer and at East Ferry and Roehrer between November 26th and
December 15th pursuant to conditions set forth by the Commissioner of Public
Works and the Corporation Counsel.
PASSED.
AYES - 13 NOES - 0
No. 224
By: Mr. Coppola
Amend City Code 511-115,E.(I)(a)
whereas: Buffalo Code 511.115.E(l)(a) Projections into Yards and
Courts, states "A wall or fence not over four (4) feet high may be erected
within the limits of any front yard, side street side yard or outer court,
provided that it does not conflict with the requirements of 511-84 for comer
visibility. In any other yard, a wall or fence not over seven (7) feet high
may be erected. A fence, wall or similar structure unduly shutting out light or
air or which may cause a nuisance, a fire hazard or a dangerous condition is
prohibited."; and
Whereas: To promote public safety, the above subsection should include
barbed wire and razor back wire, specifically, as prohibited.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 225
By: Mr. Coppola
Require Common Council Approval - GoGo Licenses
Whereas: Presently, the city code requires Common Council approval
for dance licenses; and
Whereas: There is no such requirement for GoGo licenses, which includes
exotic dancing and floor shows; and
Whereas: A GoGo license, or any other license for dancing in restaurants where
there is entertainment such as exotic dancing and floor shows, should be
treated the same as a dance license and should require approval of this body.
Now Therefore Be It Resolved that
This Common Council presently reviews all dance license applications and
requests that all future GoGo license applications be forwarded to this body
for public hearing and Council approval before a license is granted.
ADOPTED.
No. 226
By: Messrs. Coppola and Quintana
Create Lafayette Honors Program
Whereas: The Buffalo Board of Education and Superintendent Dr.,
James Harris are committed to excellence in quality secondary education; and
Whereas: Lafayette High School has, in its nearly 100 year history, granted
diplomas to scores of Buffalo's most distinguished citizens; and
Whereas: Recognizing that Lafayette High School is the architectural crown
jewel of Buffalo's West Side, evidenced by its having been designated an
historic landmark; and
Whereas: The success of the City Honors School curriculum merits replication
in another part of Buffalo; and
Whereas: Lafayette High School, with its current excellent curriculum, would
be the ideal location to expand the honors program.
Now Therefore Be It Resolved that
This Common Council recommends that Lafayette High School be renamed Lafayette
Honors School and an appropriate curriculum be developed and instituted.
REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION
No. 227
By:Mr. Czajka
Salary Ordinance Amendment
50 - Department of Human Services
6 - Division for Youth
011- NYS Youth Commission Program
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 50 Department Of Human Services - 6 Division For Youth - 011
NYS Youth Commission Program, which reads:
1 Senior Stenographer $21,610 - $24,282
is hereby amended to read:
1 Senior Account Clerk Typist $21,610 - $24,282
WE, DANIEL T. DURAWA, Commissioner of Human Services, Parks & Recreation 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 amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 228
By: Mr. Czajka
User Fee Charge for Eggert Road.
Whereas: City of Buffalo property owners of Eggert Road from East
Delavan to Langfield, house numbers 16 to 152 Eggert Road, have their garbage picked up by the City of Buffalo from January 1 to June 30 every year; and
Whereas: From July 1 to December 31 their garbage is picked up by the Town of Cheektowaga as one side of the street is Buffalo and other is
Cheektowaga; and
Whereas: The property owners of this portion of Eggert Road have received user fee bills for the full amount; and
Whereas: If the garbage is only picked up half the year the owners of these properties should only be required to pay half the amount of the user fee
thus only receiving two quarterly bills not four.
Now, Therefore, Be It Resolved:
That The Street and Sanitation Department take the necessary measures to clarify and correct the billing for these Eggert Road property owners; and
Be It Further Resolved:
That these owners be notified in writing by the Street and Sanitation Department to clarify this situation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF STREET SANITATION., THE CITY
PLANNING BOARD AND THE CORPORATION COUNSEL.
No. 229
By: Mr. Czajka
Protest "50 Greatest Players In NBA History" List
Whereas: As part of its season-long 50th anniversary celebration,
the National Basketball League has selected its list of "the 50 Greatest Players in NBA History;" and
Whereas: Not included were two members of the Greater Buffalo Sports Hall of Fame who are widely regarded as two of professional basketball's
most accomplished players, Bob Lanier and Bob McAdoo; and
Whereas: Robert Jerry Lanier, Jr., born in Buffalo on September 10, 1948, played his high school basketball at Bennett High School before embarking on
an All-American career at St. Bonaventure; and
Whereas: The 6-11, 265-lb. center averaged over 27 points and nearly 16 rebounds per game for St. Bona, and had he not been injured in the NCAA playoffs
would likely have led the team to the national championship; and
Whereas: "Buffalo Bob" was the first player chosen in the 1971 NBA draft by the Detroit Pistons, and went on to enjoy a remarkable 14-year career
with the Pistons and the Milwaukee Bucks, averaging 20.1 points and 10.1 rebounds a game; and
Whereas: Lanier was best known for his deft shooting touch that enabled him to score 19,248 points, but he was an excellent all-around player and an
outstanding passer who recorded 350 assists in the 74-75 season; and
Whereas: Lanier's many honors included being named Most Valuable Player in the 1974 NBA All-Star Game, and receiving the J. Walter Kennedy
Citizenship Award in 1978; and
Whereas: Lanier also has the unique distinction of having his number retired by two teams, the Pistons and the Bucks, and he received the prestigious
honor of being inducted into the Naismith Memorial Basketball Hall of Fame in 1991; and
Whereas: Robert Allen McAdoo Jr., a North Carolina native who played collegiately for the Tarheels, was drafted in 1972 after his junior season by the
Buffalo Braves with the second pick in the first round; and'
Whereas: An undersized center at 6-9, 225-lb., he averaged 18 points and 9.1 rebounds in his initial year in Buffalo, earning the Rookie of the Year Award;
and
Whereas: In his sophomore season he won the first of three consecutive scoring titles, averaging 30.6, 34.5, and 31.1 points a game, and in 1975 McAdoo
was named the league's Most Valuable Player; and
Whereas: McAdoo's scoring prowess of ten obscured his all-around talents; despite his slender build he was a phenomenal rebounder, and in three
different years he tallied more than 1,000 rebounds in a season; and
Whereas: Cries of "Two For McAdoo" were heard throughout Memorial Auditorium as the best pure-shooting center in the history of the game led the
Braves to the NBA playoffs with three straight 40-plus win seasons; and
Whereas: In late 1976 he and Tom McMillen were traded to the New York Knicks for John Gianelli and cash, heralding the decline of the Buffalo
franchise; and
Whereas: Despite playing in Italy for several years, McAdoo scored 18,78 points during a 14-year NBA career, and was an important part of Los Angeles
Laker championships in 1982 and 1985; and
Whereas: Buffalo lost its NBA franchise in 1978, when Braves owner John Y. Brown swapped teams with Ira Levin for the Boston Celtics; Brown wanted
a "glamour" team, while Levin wanted to own a team on the West Coast and knew that the NBA would never approve moving the vaunted Celtics; and
Whereas: As a result, despite receiving excellent fan support during one of the most difficult periods in NBA history, Buffalo found itself
without a professional basketball team; and
Whereas: Buffalonians have remained staunch basketball fans, and still have warm memories of the Buffalo Braves, the NBA and, especially, Lanier and
McAdoo; Lanier was a native son who played high school and collegiate ball in Western New York, and MacAdoo was clearly the greatest player in the
history of the Buffalo Braves, a franchise which should have never left this city; and
Whereas: Since both of these men have such a close symbiotic relationship with this city, the failure to designate them as among "the 50 Greatest
Players in NBA History" is a particular affront to a city that holds them in high esteem, and which has been a strong supporter of basketball and other
professional sports for many years;
Now, Therefore Be It Resolved:
The Common Council of the City of Buffalo hereby expresses it very strong objection to the exclusion of Bob Lanier and Bob McAdoo from its list of "the
50 Greatest Players in NBA History;" and
Be It Further Resolved:
That the City Clerk be directed to forward a certified copy of this resolution to David Stem, Commissioner of the National Basketball Association.
ADOPTED.
No. 230
By: Mr. Helfer
Licenses and Restricted Use Permit at 1793 Hertel Avenue
Whereas: The Colonie Lounge, located at 1793 Hertel Avenue was
owned by Mr. James DeMarco; and
Whereas: Approximately one month ago Mr. DeMarco passed away; and
Whereas: The Colonie was a topless dance bar establishment; and
Whereas: The owner of Alexander's Lounge, North Tonawanda, has applied for a Music License, Restaurant License, Go-Go Girl License and Liquor License
for 1793 Hertel Avenue- and
Whereas: The University District Council Office has received a petition from neighbors in the area of 1793 Hertel Avenue, objecting to a topless dance
bar establishment; and
Whereas: The prior operator had a permit that may or may not run with property address; and
Whereas: Chapter 511-59 of the City of Buffalo Code establishes that a Restricted Use Permit is necessary for any such uses in this area which is
delineated as the "Hertel Avenue Special Zoning District" ; and
Whereas: Chapter 511-59 states that the Restricted Use Permit is to be issued pursuant to Chapter 511-55 which states that the City of Buffalo Planning
Board and Common Council approval are both required for such a Special Use Permit;
Now, Therefore, Be It Resolved:
That Corporation Counsel issue an opinion as to the necessary steps, permits and approvals to establish a topless dance bar establishment located at
1793 Hertel Avenue; and
Be it Finally Resolved:
That the Department of Licenses and Permits will not issue any permits or licenses for the property located at 1793 Hertel Avenue until such time as the
Corporation Council determines the correct process, and reviews the existing use permit to determine its validity.
ADOPTED.
No. 231
By: Mr. Helfer
Authorization for Contract-Ken Bailey Community Center
Whereas: The City of Buffalo has constructed a state of the art
community center/police precinct facility at the property located at 2777 Bailey Avenue in the University District; and
Whereas: That facility upon its opening shall house the City of Buffalo Police Department Precinct E, whose legal address shall be 2747 Bailey Avenue
and the Kensington Bailey Community Center whose legal address shall be 2777 Bailey Avenue;
Now, Therefore, Be It Resolved:
That the Mayor of the City of Buffalo be authorized to execute the lease agreement duly prepared by the Corporation Counsel between the City of
Buffalo and the Kensington Bailey Community Center; and
Be it Finally Resolved:
That for the sum of $1.00 the Kensington Bailey Community Center shall lease their premises on an annual basis from the City of Buffalo.
PASSED>
AYES - 13 NOES - 0
No. 232
By: Ms. Kavanaugh and Mr. Franczyk
Appointments to the Solid Waste Advisory
Committee
Whereas: This Council recently adopted an ordinance amendment
(Section 216-6 1) which sets up a Solid Waste Advisory Committee to advise the Commissioner of Street Sanitation on policies regarding the city's
collection and disposal of solid waste and recycling; and
Whereas: Under this ordinance, the Street Sanitation Commissioner is the Chair, the Mayor makes 5 appointments, the Council makes three
appointments and the Comptroller and the Council President or their designees round out the Committee; and
Whereas: It is very important that this body begins functioning as soon as possible in order to provide the Commissioner with public input, to help him
increase the rate of recycling in the city, and to help him plan for the future operations of the city's solid waste and recycling functions; and
Whereas: The city's Solid Waste Task Force, a body that was set up jointly by the Council, the Mayor, the Environmental Management Commission, and
the Comptroller, has been functioning well and the leaders of that body have a proven track record of helping the city deal with solid waste issues; and
Whereas: Two of the leaders of the Solid Waste Task Force - Andrew Goldstein and Gary Carrel - have expressed a willingness to serve on the Solid
Waste Advisory Committee;
Now, Therefore, Be It Resolved That:
This Common Council appoints the following individuals to the Solid Waste Advisory Committee:
Andrew Goldstein Gary Carrel Jamir Floyd
257 Pennsylvania 167 Parkside Ave. 277 Hill Street
Buffalo, NY 14201 Buffalo, NY 14214 Buffalo, NY 14214
Ms. Floyd is the Regional Director of Citizen Action of New York; and
Be It Further Resolved That:
This Council requests the Mayor to make his appointments to the Solid Waste Advisory Committee as soon as possible; and
Be It Finally Resolved That:
This Council requests the Commissioner of Street Sanitation to file a report detailing a meeting schedule, agenda and staffing plan for the Solid Waste
Advisory Committee as quickly as possible.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES BROWN, COPPOLA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - CZAJKA -1
No. 233
By: Ms. Kavanaugh and Mr. Quintana
Grover Cleveland Designation As A S.U.R.E. School
Whereas: Grover Cleveland is a school with a diverse student population,
one that includes students from 30 different countries speaking 25 various languages; and
Whereas: Recently the Buffalo News reported that Grover Cleveland High School was designated a School Under Regency Review (S.U.R.E.), but the
principal of the school has not received any official notification from the Board of Education or the State of New York; and
Whereas: The teachers and the administrators at Grover Cleveland High School contend that their students perform at rates comparable to or higher
than students at other Academic Buffalo Public Schools; and
Whereas: Officials at Grover Cleveland High School are concerned about the dubious classification of their institution of learning as a S.U.R.E. School,
therefore they are interested in an exchange of dialogue with representatives of the School Board, the Common Council, and anyone interested in
discussing the issue;
Now, Therefore, Be It Resolved:
That the Common Council request that the School Board or the Superintendent provide the Administrators and Principal at Grover Cleveland High School
receive a copy of the report designating them as a School Under Regents Review (S.U.R.E.); and
Be It Further Resolved:
That members of the Board of Education for Buffalo Public Schools and administrators at Grover Cleveland High School be invited to attend the next
Educational Committee meeting to discuss educational concerns at the institution and the S.U.R.E. designation, and
Be It Finally Resolved:
That Grover Cleveland High School be recognized for its outstanding commitment to educating perhaps the most culturally diverse student population in
Upstate New York, and that we recognize that strategies should be developed to address student retention, graduation and truancy rates.
REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION, THE NYS DEPARTMENT OF EDUCATION, THE PRINCIPAL AT GROVER CLEVELAND HIGH
SCHOOL AND THE SUPERINTENDENT OF SCHOOLS
No. 234
By: Mrs. LoTempio
City Bond Act Projects
Whereas: The recent passage of the state Clean Water/Clean Air
Bond Act provides
an excellent opportunity for the city to secure funding for mu-', needed environmental improvements; and
Whereas: In order to most effectively and competitively present Buffalo's case for funding, the Mayor and the Council need to develop a consensus on
projects and advocate for them with a united voice; and
Whereas: The administration, through the Office for the Environment, has made a good effort in putting together a list of potential projects which has
been forwarded to Councilmembers; and
Whereas: It is now necessary to integrate this list with the Council's priorities and to develop presentation materials to advance the city's case for
funding; and
Whereas: It would be helpful to hire a consultant to perform the intensive work of building a consensus list of projects and packaging them for
presentation to the state;
Now, Therefore, Be It Resolved That:
This Council requests the Mayor to quickly hire a consultant to perform the work necessary to develop a consensus list of projects for bond act funding
and to develop presentation materials that enhance and clarify the value of those projects for state officials.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 235
By: Mrs. LoTempio and Gray
Policy on Sale of City-owned Properties
Whereas: Because Buffalo has such a large inventory of city-owned
vacant property, a workable policy needs to be in place to accommodate potential uses of these properties when they are put forth by credible
individuals and institutions; and
Whereas: In many cases, the city is selling properties for a nominal fee of $ 1,000, while in other cases city officials attempt to drive a hard bargain; and
Whereas: It is important to develop a consistent policy that encourages the redevelopment of our city;
Now, Therefore, Be It Resolved That:
This Council requests the Division of Real Estate to file its policy for selling city-owned properties, including any provisions for clearing the sale with city
departments that may have plans for the property; and
Be It Further Resolved That:
This Council requests the Corporation Counsel to file an opinion on the legal parameters involved with the sale of city property, including any charter
provisions that may require competitive bidding for city owned properties.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 236
By: Mrs. LoTempio and Mrs. Williams
Secure Hazardous Waste Site at 43 Carolina Street
Whereas: The New York State Department of Environmental Conservation
has, in accordance with Environmental Conservation Law, designated 43 Carolina Street, also known as the Fourth Street Site, as a Class 2 Inactive
Hazardous Waste Disposal Site; and
Whereas: A Class 2 site is described as one posing a "significant threat to the public health or environment - action required"; and
Whereas: Citizens Gas Works operated on this site in the early part of this century, and Greyhound Bus Company used a portion of the property to
service vehicles between 1934 and 1958. The result of this prior usage is the presence of unknown quantities of black tar containing elevated levels of
benzene, toluene, ethyl benzene, and xylenes (BTEX) and polycyclic aromatic hydrocarbons (PAHs), considered hazardous waste, in groundwater and
surface soil; and
Whereas: There is a children's play area at this site. Despite repeated warnings, children continue to play at the site, possibly exposing themselves to
dangerous chemicals and health risks; and
Whereas: The present owner of the site is the Buffalo Urban Renewal Agency; and
Whereas: It is imperative that this site be immediately secured;
Now, Therefore, Be It Resolved:
That this Common Council instruct the Buffalo Urban Renewal Agency to act immediately to secure and make inaccessible the Inactive Hazardous Waste
Disposal Site at 43 Carolina Street, also known as the Fourth Street Site; and
Be it Further Resolved:
That BURA file a report with this Council detailing its overall plans for site cleanup and potential future use of the property; and
Be it Finally Resolved:
That BURA file the above requested information with this Council prior to 2 PM on Thursday, December 5, 1996.
ADOPTED
No. 237
By: Mrs. LoTempio, Lockwood, Williams and Messrs. Czajka and Franczyk
Provide information on Buffalo Police Department South District
("A District")Boundaries
Whereas: There is concern that the existing boundaries of the South
"A" District of the Police Department are targeted for modification; and
Whereas: The concern centers on the speculation that the boundaries will be expanded without a corresponding increase in manpower or vehicles
assigned to the district; and
Whereas: The boundary lines for the districts were defined when this Common Council authorized the implementation of the 5 District Police
Reorganization Plan; and
Whereas: Any proposals for modification of the districts should be thoroughly evaluated and studied with input from the Council and the concerned
citizens who make up the Community Evaluation Panel; and
Whereas: Speculation centers on December 15, 1996 and January 15, 1997 as the potential dates for implementation of boundary changes;
Now, Therefore, Be It Resolved:
That the Commissioner of Police provide a report to this Council detailing any proposals to modify district boundaries; and
Be It Further Resolved:
That this report be filed prior to 2 PM on Thursday, December 5, 1996; and
Be it Finally Resolved:
That no action on boundary changes be taken until such time that this Council be notified and be given ample time to review and solicit input on any
proposals.
ADOPTED
No. 238
By: Mrs. LoTempio
EMS Board and Ambulance Zones
Whereas: Pursuant to Item # 17, CCP 11-12-96, Appoint Members Special
Committee - Emergency Medical Services Board, members of this Council met with members of the EMS Board to address the issue of Ambulance Zone
Allocation between Rural/Metro and Twin Cities Ambulance; and
Whereas: The EMS Board had previously awarded "Preferred Status" designation to Twin Cities for the two northern service zones in the City of
Buffalo, but agreed to delay the start up date for Twin Cities by 30 days (from November 1, 1996 to December 1, 1996), pending the completion of a review
by the Council's Special Committee; and
Whereas: During the course of the joint meetings between the Council representatives and EMS Board members, both of the ambulance service
providers responded to questions and presented data on their operations. It was generally understood and agreed that each of the companies
possessed the capabilities to act as service providers in the City of Buffalo; and
Whereas: The cooperation extended by both Ambulance Service Providers to the Council and to the EMS Board has been exemplary, and it is evident that
all parties concerned place the health and safety of city residents as the top priority in the delivery of service; and
Whereas: It was never the intent of the Common Council to infer that the service of Rural/Metro, presently the exclusive provider, was
unsatisfactory or in any way not up to the highest professional standards. The service record of Rural/Metro is outstanding, and the City recognizes
the importance, value, and professionalism of their efforts. Further, the city appreciates the manner in which Rural/Metro has participated in the
Special Committee's review process and welcomes its input in future analysis and upgrading of the City's Ambulance services; and
Whereas: During the course of the review conducted by the Special Committee, it was also generally understood and agreed by the Committee and EMS
Board members that a continuing evaluation be conducted of both the service provision and the ordinances governing ambulance and Emergency Medical
Service Board operations;
Now, Therefore, Be It Resolved:
That, based on the meetings with the members of the Council committee, the EMS Board, and the Ambulance companies, it is the recommendation of the
Council's Special Committee that the EMS Board decision to award "preferred status" to Twin Cities be implemented, and that after a six (6) month
period both Twin Cities and Rural-Metro be evaluated by the members of the EMS Board, with a report filed with the Common Council detailing the impact
of the change in zone designations and the performance of each company; and
Be It Further Resolved:
That the Corporation Counsel review the Ordinances related to Ambulance Services and the Emergency Medical Services Board and provide
recommendations to update and clarify the appropriate sections of the City Code.
Mrs. LoTempio moved to amend the above item and separate the last two resolves; seconded by Ms. Gray.
CARRIED
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12
NOES - GRAY -1
Mrs. LoTempio now moved the approval of the first (1st) resole; seconded by Ms. Gray.
AYES- BROWN, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOTEMPIO, PITTS, WILLIAMS, ZUCHLEWSKI - 9
NOES - COPPOLA, CZAJKA, LOCKWOOD, QUINTANA -4
Mr. Zuchlewski now moved that approval of the second (2nd) resolve; seconded by Mrs. LoTempio.
ADOPTED.
No. 239
By: Mr. Pitts
Agreements between the Buffalo Philharmonic Orchestra and Kleinhans
Music Hall Management, Inc.
Whereas: The Buffalo Philharmonic Orchestra ("BPO") approached
the City of Buffalo to retain the proceeds from fiscal years 1993-94, 1994-95 and 1995-96 generated from the collection of a five percent (5%) ticket
surcharge ("Ticket Surcharge") from patrons of the BPO and desires to continue to retain the Ticket Surcharge for a further period ending June 30,
2006; and
Whereas: The BPO made the request for retention of the Ticket Surcharge as part of its restructuring initiative designed to strengthen the fiscal
stability of the BPO; and
Whereas: The Common Council approved the retention of such funds for a limited period pursuant to Item No. 2, C. C.P., October 10, 1995, subject to the
formulation of a written agreement and other conditions; and
Whereas: Kleinhans Music Hall Management, Inc. ("Kleinhans"), the BPO and the City are preparing a ten (10) year Lease Agreement for Kleinhans Music
Hall ("Music Hall") for a term ending June 30, 1996; and
Whereas: Kleinhans desires to retain the Ticket Surcharge for non-BPO functions held at the Music Hall for the period ending June 30, 2006; and
Whereas: The written agreement with the BPO and the Lease Agreement with Kleinhans include a public benefit package to entertain, educate and
outreach to the general public;
Now Therefore Be It Resolved:
That the Common Council hereby authorizes the Buffalo Philharmonic Orchestra and Kleinhans to charge and collect the proceeds generated from the
collection of a five percent (5%) ticket surcharge from events at Kleinhans Music Hall during the term of the Lease Agreement; and
Be It Further Resolved:
That the Buffalo Philharmonic Orchestra shall have the responsibility to pay to Kleinhans Music Hall Management, Inc. the ticket surcharge proceeds
from its events at Kleinhans Music Hall during the term of the Lease Agreement as well as the ticket surcharge proceeds from City of Buffalo Fiscal
Years 1993-94, 1994-95, and 1995-96; and
Be It Finally Resolved:
That the Mayor be and he hereby is authorized to execute and deliver the Ticket Tax Surcharge Agreement and the Lease Agreement.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL.
No. 240
By:Mrs.Williams
Virginia Street Corridor Urban
Renewal Plan - Additional Site
Designation - Phase I, II, III
Whereas, on November 15, 1988, C.C.P. 164, the Common Council
of the City of Buffalo approved the Virginia Street Corridor Urban Renewal Site Designation; and Whereas, the Virginia Street Corridor is a major
east-west traffic route located in the City of Buffalo's lower west side area. it is a predominately residential neighborhood, adjacent to the West Village
Historic District and part of the Allen Historic District, which has suffered a long period of disinvestment. This has produced a condition of physical
deterioration and decline which has resulted in vacant buildings and properties promoting further blight of the area; and
Whereas, the area is within walking distance of Buffalo's central business district and gives visual evidence of a wide variety of
architectural styles, such as Victorian, Romanesque Revival, American and Italian Palazzo. The property tax base in this area has deteriorated
continually since the early 1960's due to a proposed State arterial connection linking the Niagara section of the New York State Thruway with the
Kensington Expressway. This concept was dropped from the planning process with the only interest being in surface parking lots to meet the increasing
demands from downtown redevelopment activities; and
Whereas, this trend has subsided with new emphasis being placed on housing by the Lower West Side Resources and Development
Corporation and the Hispanics United of Buffalo and the designation of two adjacent areas and historic districts. It is the intention of this urban renewal
plan to provide new housing while rehabilitating appropriate structures to eliminate the spread of blight and to strengthen the economy of the area; and
Whereas, it is the intent of the Department of Community Development to amend the existing urban renewal plan to promote the
construction of new single family homes for low to moderate income families and to offer purchase and rehabilitation assistance through low interest
loans for the existing homes. This two-pronged approach will serve to create a predominately owner occupied neighborhood. Under the mantle of urban
renewal, the strategy would be to incorporate the existing Virginia Street Corridor Urban Renewal Plan to stimulate new and rehabilitated housing.
With the amendment, the plan will allow for additional commercial redevelopment along the Niagara Street Corridor. This would serve the area with a
new housing thrust buttressed by the urban renewal process. This will be an incremental approach developed in three phases to a broader urban
renewal plan for the future. All properties within this area will be inspected for compliance with the New York State Building and Fire Codes, as well as
the Property Rehabilitation Standards for the plan as incorporated herein; and Whereas, the boundaries of the project area are shown on the Project
Boundary Map and are generally described as follows:
Parcels on both sides of Prospect Avenue and parcels on the west side of Whitney Place from Virginia Street on the south to Maryland Street on the
north, known as Phase 1; parcels on the west side of Tenth Street from Virginia Street on the south to Hudson Street on the north and parcels on the
east side of Whitney Place from Virginia Street on the south to Hudson Street on the north and parcels on the west side of Whitney Place from Maryland
Street on the south to Hudson Street on the north, known as Phase II; and parcels on the east side of Niagara Street from Virginia Street on the south to
Hudson Street on the north and parcels on both sides of Prospect Avenue from Maryland Street on the south to Street on the north, known as Phase III;
and
Whereas, the total project area encompasses six city blocks and contains 1,084,800 square feet, 25.6 acres exclusive of street rights-of-way; and
Whereas, the City Planning Board gave its unqualified approval at their meeting of November 19, 1996 to allow for the additional site designation as
described above; and
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Buffalo hold a public hearing on December 23, 1996 and approve the
additional site designation of the above described boundaries of the Virginia Street Corridor Urban Renewal Plan and also direct the Department of
Community Development to draft a redevelopment plan for the additional site designation.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 241
By Mrs. Williams
Set Hearing - Virginia St. Corridor Urban Renewal Plan
Additional Site Designation - Phase I, II, III
Whereas, Article 15A of the General Municipal Law requires that
the disposition of land in an urban Renewal Project may be approved only after a public hearing on due notice,
Now, Therefore, Be it Resolved:
1. That the City Clerk is hereby directed to publish the "Notice of Hearing" in the Buffalo News, no later than the 13th of December,
1996.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 PM in the Council
Chambers on the 23rd day of December, 1996.
ADOPTED
No. 242
By: Mr. Zuchlewski
HUD Funds for Erie Canal Projects
Whereas: The Department of Housing and Urban Development is set
to announce a new initiative that will target $ 1 00 million for cities along the Erie Canal to promote tourism, and
Whereas: The Erie Canal was filled in along the Buffalo Waterfront and now serves as a base for the New York State Thruway which has robbed the
citizens of Buffalo of valuable access to their waterfront, and
Whereas: The old Erie Canal foundation is still used to support the Thruway in the Riverside area and is in need of restoration, and
Whereas: The Riverside Park and Adjacent Waterfront Parks Master Plan has been finalized through the cooperation of the Riverside Park Steering
Committee and the North District Waterfront Review Committee and makes several recommendations for improvement to the waterfront in that area
to restore important access that was taken away the citizens of Buffalo by the New York State Thruway, and
Whereas: Some of these recommendations include improvements to Riverside Park, Niagara Street, George Washington Park, the foot of Ontario St.
and Towpath Park at the foot of Hertel Ave., and
Whereas: The City of Buffalo is in the process of restoring Squaw Island and turning is from a landfill into a waterfront park that is also adjacent to the
old Erie Canal, and
Whereas: The Western New York Heritage Institute has completed a survey of homes in the Black Rock area that were built before 1850 and many of
the homes identified are original structures built along the Erie Canal Towpath,
Now, Therefore, Be It Resolved:
That the Department of Community Development put together a comprehensive plan to utilize the newly announced HUD funding for improvements to the
areas identified in the Riverside Park and Adjacent Waterfront Parks Master Plan and also include a housing component which will help to restore some
of the original structures in and around the old towpath of the Erie Canal.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 243
By: Mr. Zuchlewski
Indemnification of the Board of Education
and Acceptance of Funds for the
Lighted Schoolhouse Programs
Whereas: The Common Council approved a resolution, C.C.P 138
,September 20, 1988, which authorized the Department of Human Resources, through the Division for Youth and others to conduct Lighted Schoolhouse
Programs and
Whereas: The Division for Youth now located in the Parks Department will continue to conduct the Lighted Schoolhouse Program in 1996-97, and
Whereas: Approval of each program must be authorized by the Common Council; and
Whereas: The Lighted Schoolhouse Program continues to be of great benefit to the citizens of the City of Buffalo enabling citizens to utilize city school
buildings in the evening hours during the summer, holidays, weekends and on other occasion: and
Whereas: Lighted Schoolhouse Program will be conducted at the following schools: #11 Annex (Delavan Site), #11 Poplar Academy, #18, #28 Triangle
Academy, #37 Futures Academy, #38 Frank A. Sedita Community School, #39 M.L.King Institute, #40, #44 Lincoln Academy, #45, #54 Early
Childhood Center, #56 F.L. Olmstead School, #59 Science Magnet, #76 Herman Badillo, #81, #89 Campus East, #91 Build Academy, #93 Southside
Elementary, #95 Waterfront Elementary, #192 Buffalo Traditional, #205 Riverside High School, #305 McKinley High School, Delavan Moselle
Community Center, Lanigan Field House,Humboldt YMCA, F. L.A. R. E., Old First Ward Community Center, Clark Gym Grover Cleveland High School:
Whereas: The Common Council must also accept, on behalf of the City, the funds allocated by the Buffalo Urban Renewal Agency as follows: November
14, 1996, Item 3cc in the amount of $295,468 for programmatic costs for the Lighted Schoolhouse Program; November 14, 1996, Item 3 dd in the amount of
$76,390.90 for administrative costs.
That the Common Council authorizes the Department of Parks, the Division of Youth, various community corporation, civic organizations, and
other persons, firm corporations, and agencies to conduct Lighted Schoolhouse Program, provided that each program and its sponsor be first approved
and authorized by this Common Council, that such authorization and approval to be communicated to the Buffalo Board of Education: and
Be It Further Resolved:
That the City of Buffalo, NY hereby agrees to indemnify and hold harmless the Board of Education of the City School District of the City of
Buffalo, NY, of and from any and all manner of action and actions, cause and causes, suits, debts, dues sums of money, money, accounts reckoning, bonds,
bills specialist, covenants, contracts, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in the law or in
equity on account of the conduct of such Lighted Schoolhouse Program undertaking, with prior approval and authorization of the Common Council: and
Be it Further Resolved:
That the Common Council accepts funds allocated by the Buffalo Urban Renewal Agency as follows:$295,468 for programmatic costs; and
$76,390.90 for administrative costs.
PASSED.
AYES - 13 NOES - 0
No. 244
By: Messrs. Zuchlewski and Helfer
Allow Residents to Contract with Private Firms for Garbage Collection
Whereas: Since the enactment of the new "user fee" for garbage
collection, several ideas have been recommended to improve the system, and
Whereas: The controversial nature of the fee demands constant review and fine tuning of the ordinance to ensure the best possible service at the
lowest possible cost to the customers, and
Whereas., A Memorandum of Understanding was signed with Local 264 when the fee was implemented that established new work rules that many feel
should have been standard operating procedure, and
Whereas: These new work rules have been met with mixed results around the City of Buffalo and if the City cannot assure the quality of service, we
have an obligation to explore new methods of service delivery, and
Whereas: The current ordinance gives commercial users the option of contracting with the City or contracting with a private firm, while residential
users are mandated to use the City for service, and
Whereas: If residential users were afforded the same options as commercial users and allowed to contract with private firms for garbage collection,
it would instill a point of competition for not only price but for quality of service,
Now, Therefore, Be It Resolved:
That this Common Council request the Department of Administration and Finance, Law Department and the Streets Department to file a report with this
Honorable Body on the feasibility of allowing private contractors to compete for residential garbage collection accounts.
Be it Further Resolved:
That the Streets Department file a report with this Common Council on how many commercial accounts have submitted proof of contracting with
private firms for garbage collection and how they intend to notify the Sanitation Workers where they are so the City does not pick up these accounts.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMMISSIONER OF STREETS AND THE CORPORATION
COUNSEL.
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, LOTEMPIO, PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 10
NOES - BROWN, KAVANAUGH, LOCKWOOD- 3
No. 245
By: Messrs. Zuchlewski and Quintana
Citizens Committee for Police Consolidation
Whereas: The consolidation of Police precincts has been recommended
in various forms for over twenty years, and
Whereas: The first positive step toward this consolidation took place in 1972 with the opening of the South District consolidated precinct and
subsequent efforts have been made to consolidate the Northeast and Northwest districts, and
Whereas: With the impending opening of the Northwest precinct, West Side business owners and residents are concerned with the closing of Precinct
#5 and the effects it may have on police protection in the area, and
Whereas: Residents in the current Precinct # 1 3 are concerned that their area is being utilized as a "manpower pool" to shift officers to other areas
of the district, and
Whereas: Similar fears were expressed during the planning South District precinct but were alleviated when a citizens panel was formed to assist in
the implementation of the consolidation, and
Whereas: In 1994, Councilmembers were asked by the Police Commissioner to submit names for a citizens panel but the committee has never met, and
Whereas: With the proposed opening of the Northwest Precinct scheduled for January 15, 1997, it is imperative that citizens have some input into the
process so they may better understand and accept the changes that are about to occur,
Now, Therefore, Be It Resolved:
That the Council President appoint a Review Committee consisting of citizen representatives of the former Precincts 5, 6, 13 and 17 that will be
authorized to meet with the appropriate Police Department officials in order to review the current plans for Police Consolidation in the Northwest
Precinct and to make recommendations for improvements to that plan.
ADOPTED.
No. 246
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 Mary McBride and Robert N. Gamble
By Councilmember Helfer
Felicitation for First Shiloh Baptist Church
By Councilmember Williams
Felicitation for J. W. Loguen Memorial African Methodist Episcopal Church
By Councilmember Pitts
Felicitation for Joan A. Wood
By Councilmember Helfer
ADOPTED.
No. 247
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1998 , conditional upon the person so appointed certifying under oath to their qualifications and filing same
with the City Clerk:
Lisa M. Collins
Brenda Roman
Lynn Lee
Eileen Katz
Josephine S. Martin
Jennie D'Angelo
George Halliwell
Joyce Zuch
Bernard N.Pryor,Sr.
Donald Dingeldey
Christine E.Puma
Alexandra Elliott
Catherine E. Santora
Beverly Ann Muma
Anthony LaRusso
Lodina Cyburn
Gary Halliwell
Maria H. Pietras
Nicole A. Darisse
Sandy E. Winkowski
Nilma Stewart
June W. Schnaufer
Patricia McNally
Rochelle K.Herring
Millie Nieves
Sharon Mihelbergel
Clara R. Sciandra
Timothy J.Orlowski
Norbert D.Orlowski
Joanne M. Burdick
Michelle T. Molisani
Craig Posmantur
Doreen S. Posmantur
ADOPTED.
No. 248
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, 1998; conditional upon the person so appointed certifying, under oath, to their qualifications and filing same
with the City Clerk:
Kevin M.Kelley
Charles L. Michaux,III
Nicole L. Notaro
Judith C. Chrosniak
Susan M. Brennan
Gerald A. Chwalinski
Joyce Kuc
Kelley McCartney
Helen M. Wagner
John Verbocy
Ruth O'Leary
Carol A. Nowak
Alice Radka
Willie Morris
Virginia J. Popiela
Elaine Martis
Patricia A. Ciepiela
Frances J. Diebel
Elaine Matis
Marcia B. Vanderlinden
Charles Bartolotta
Herbert L. Bellamy,Jr.
Keith Wayne Dearmyer
Damon Evans
Jean A. Gralnik
Robert D. Hecht
J. Robert McKnight
Frances V. Boles
Edward J. Brown
Anne L. Celano
Maxine D. Emmons
Willmer Fowler,Jr.
Ann Marie S. Hawes
Katherine J. Hoelscher
Henry A. Kornik
Elsie M. Marconi
F. Michael McGEE
Arleen Roeder
Louis C. Strauss
Ann M. Vedella
Dorothea Larson
Phyllis Tolliver
Diane Terrell
Beatrice E. Rouse
Lillie C. Parker
Jean Fricano
Maria Lisa Doverspike
Norman J. Birner
Joseph Catanzaro
Chris N. Chiodo
Philip Conti,jr.
Michael K. DiFranco
Timothy J. Dolan
Chrisint A. Herring
Marty C. Jones
Philip J. Karaszewski
John A. Lydon,Jr.
Charles G. Martha
Rosemary L. Melling
David L. Wayne
Augustine Zogaria
Marilyn Archer
Richard A. Carter
Timothy P. Collins
Gerald P. Fronckowiak
Vincent S. Guarino
Violet Hall
Anthony G. House
Tom A. Jusko
Betty J. Klomp
Julie L. Kretzer
Sharon S. Levy
Carol Lindner
Mark L. Marcinkiewicz
Marion L. McElligott
Shirley F. Millan
Inez C. Mirco
Vernon D. Nobel
Maureen O'Connell
Carmen R. Perez
Teri Jo Ritz
Stuart R. Rubin
Robert R. Sanford
Lydmia V. Santiago
John C. Skillicorn
Scott B. Smith
Maria Thomas
Gary W. Waldman
Clifford F. Braxton
Karin A. Brown
John M. Cleary,Jr.
William J. Cooley,jr.
Samuel P. Cotroneo
Charles E. Craven
Patrick J. Finnerty
Patrick J. Gallivan
Kathleen F. Giglio
David J. Groblewski
Susan R. Linton
Lorraine Nunez
Joseph A. Petronella
Jeffrey T. Ricketts
Joseph J. Roedel
Sue A. Sacco
Richard G. Shanley
Sharon M. Simon
Mitchell J. Thomas
Carol A. Weigand
Mary P. Walek
Hallie A. Weissfeld
Anthony J. Barone
Catherine Baudo
Joseph M. Baudo,Jr.
Karen D. Bonvissuto
Robert Cefalu
Lynn A. DiMascio
Dennis J. Fay
Joseph E. Jordan
Jeanne A. Lima
Sandra McGowan
Robert O'Sullivan
Michael A. Rehak
Kathryn L. Schnell
James S. Williams
Patricia A. Cappellino
Diane M. George
Diane L. Kaczmarek
Denise Masci
Linda L. Syph
Donald R. Watkins
Mary H. Agnello
Mildred Bishop
Elaine Boyle
Leonar Brooks
Paul Buchanan
Janet Cochrane
Patrice Colpoys
Elaine DeFranks
Chris A. Dibble
Debra L. Dlugosz
Linda Drake
Karen Fritsch
Marguerite A. Galante
Elizabeth Ganci
Francine Giumento
Barbara Johnson
Nancy Jung
Joanne Karamanos
Kathleen Korkuc
Shirley Lavelle
Patricia Lavin
Edna Lovegrove
Paul Paul Maloney,Jr.
Dean Mann
Beverly Marino
Douglas Mercer
Joy Peterson
Marlene Prather
John Reville
William Rogers
Judith Snyder
David Suttell
Elaine Szematowicz
Mari Van de Water
Diane Walker
Diane Zigrossi
coletta Zubler
John Getsy
June Cotter
Robert Koscianski
John Weidmann
Kathleen M. Baccari
Linnea Barager
Mary Lou Pennie
Jill Fowler
Robert D. Freeman
Patricia Girard
Kristin Keeney
Jeffrey J. Lazelle
James E. Mayer
Lionel B. Nosenchuck
Patricia L. Plew
Mary Jo Wasch
Sylvia A. Zielinski
ADOPTED.
UNFINISHED BUSINESS
No. 249
L.L. Intro. 11 - Art. 15 - St.
(Com. 201, C.C.P., July 23, 1996)
Mrs. LoTempio moved that the above item be taken from the table.;
Seconded by Mr. Czajka.
CARRIED
Mrs. LoTempio now moved that the above item be received and filed.; Seconded by Mr. Czajka.
ADOPTED
No. 250
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Civil Service Tuesday, Dec. 3, 1996 at 9:30 AM
Finance Tuesday, Dec. 3, 1996-following Civil serv.
Legislation Tuesday, Dec. 3, 1996 at 2:00 PM
Comm. Dev . Wednesday, December 4, 1996, 10:00 A.M.
Education Wednesday, December 4, 1996, 2:00 P.M
in Room 1417.
No. 251
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mrs. Gray the Council
adjourned at 4:54 PM.
Board of Police and Fire Pension Proceedings #11
Mayor's Office - 201 City Hall
November 21,1996
Present: James W. Pitts, Council President; Anthony M. Masiello,
Mayor; Bruce L. Fisher, Deputy Comptroller-3
Absent: None
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of November 1996 amounting to $27,244.92, and respectfully request that checks be drawn to the order of the persons named herein for
the amounts stated.
Adopted
Ayes-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of November 1996 amounting to $28,927.00, and respectfully request that checks be drawn to the order of the persons named herein
for the amounts stated.
Adopted.
Ayes-3. Noes-0.
No. 3
On motion by Mr. Pitts, the city of Buffalo Police and Fire Pension Board meeting adjourned at 11:10 A.M.