HomeMy WebLinkAbout91-0108
No. 1
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 8,1991
Adjourned Session, January 14, 1991
Special Session January 15, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rulecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Francsyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Eugene M. Fahey, Brian M. Higgins, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr.,Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
:George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr.,Chairman, David A. Franczyk. Joel A Giambra,
Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE- NEGOTIATE ERIE BASIN MARINA LEASE
Hon. David P. Rutecki, Chairman, Hon. James W. Pitts, Hon. Carl A. Perla, David
P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred
T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, Eugene Reville, Commissioner
Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan,
Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/DEsignee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairpewrson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt.Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee,Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, January 8, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and
Rutecki - 12
ABSENT - Bell-1
On a motion by Mr. Fahey, seconded by Mrs. LoTempio ,the minutes of the stated
meeting held December 26 1990, were approved.
FROM THE MAYOR
No.1
As the members of Your Honorable Body surely are aware, the State
of New York has enacted fiscal legislation aimed at closing the State's $1
billion (or ore) 1990-91 budget gap and that among the fiscal measures imposed
by the State are mid-year cuts in State aid to the City. The State aid cuts to
the City are a 10% across-the-board cut in State revenue sharing amounting to
$4.7 million and a further and separate $900,000 cut in State aid caused by the
State's recalculation of its share of 1990-91 City pension "savings". This
recalculation combined with an increase in actual pension costs above the State
provided estimate results in a net pension budget problem to the City of over $
2 million. Therefore, the total budget gap caused by the State totals $6.7
million.
The problem caused by the State cuts is compounded by the fact that the cuts
were enacted in the middle of the City's current fiscal year. With less than 6
months of the fiscal year left, we must act immediately to take measures which
will prevent the State's actions from causing a City budget deficit.
In order to close the $6.7 million budget gap I am proposing the following
legislation:
l) A $3.062 million transfer of funds to the State Police and Fire pension
system account with the funding sources of a) $2.47 million set aside in salary
adjustment accounts for City employee salary increase and b) $592,000 from a
20% across-the-board cut in City grants-in-aid.
This transfer would eliminate all funding in the 1990-91 budget set aside for
City employee raises. The $2.47 million was sufficient for a 2%
across-the-board salary increase for all employees. City contracts with
grant-in-aid recipients are subject to the appropriation of funds by the City
and would be reduced by the decreased appropriation. Although some grant
recipients have received their entire 1990-91 allocation I am recommending the
across-the-board cut with the understanding that some refunds to the City will
be necessary.
2) A $1.8 million increased appropriation to a new account entitled
"Contribution to New York State" with the source $1.8 million in 1989-90
available surplus funds.
The creation of the "Contribution to New York State" account has been
recommended by the State Comptroller as the way to offset the loss of State aid
caused by the State's retention of 35% of localities "pension savings". The
$1.8 million 1989-90 surplus amount has been identified by the City Comptroller
as the amount of the City's 1989-90 surplus, in excess of the Board of
Education's deficit, which is available for appropriation.
3) A total of $1.8 million in transfers of funds to a "Reserve for New York
State Revenue Shortfall" with the sources from various City appropriation
accounts including $100,000 from the Fire Department, $300,000 from the Buffalo
Municipal Housing Authority, $145,000 from the Common Council, $430,000 from
the Public Works Department, $180,000 from the Streets Department, $60,000 from
the Human Resources Department and the balance of $564,000 from various
departments to be identified later.
This transfer is a means of identifying and setting aside the funds which must
be saved to make up for the balance of the State's cuts. The Fire Department
savings would be gained through a reduction in the number of battalions from 5
to 4 (with the eventual elimination of 4 battalion chiefs) and reducing to 2
shifts the manpower assigned to the City's fire boat. A reduction in the
City's subsidy to the BMHA from $1,600,000 to $1,300,000 would still provide
the minimum subsidy required by State contract (subject to a pending Law
Department opinion). The Common Council cut is made from unspent and
unencumbered funds appropriated by the Council for various consultant services.
The $430,000 cut in the Public Works Department would cause a delay in the
City's streets' overlay program. The $180,000 cut from the Streets Department
would cause a delay in the Streets Departments vehicle refurbishment program.
City department heads have been directed to provide additional suggestions on
further cutbacks and the balance of the transfer will be initiated as soon as
possible.
It is apparent from the recommendations I have been required to make to Your
Honorable Body that the State aid cuts to the City have caused a severe burden
to be placed on the City government. Yet somehow we must continue to provide
City services without incurring a budget deficit.
We have worked long and hard to put the City on a sound fiscal footing and
completed every fiscal year since 1978 in the black. We must take immediate
action to overcome the fiscal setback handed us by the State and maintain the
sound financial foundation of our City's revitalization program.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.2
Appointment of
Deputy Commissioner
Department of Parks
Pursuant to the powers vested in me under Article II of the Charter
of the City of Buffalo, please be advised that I have appointed Stan A.
Buczkowski, 198 Eden Street, Buffalo, NY 14220, Deputy Commissioner of the
Department of Parks, effective December 24, 1990.
RECEIVED AND FILED
No.3
Reappointment of member
of Buffalo Environmental
Management Commission
Pursuant to the powers vested in me by Section 318.2 of the Charter
of the City of Buffalo, as amended, I hereby reappoint Edward Linder, residing
at 140 Lincoln Parkway, Buffalo NY 14222, as a member of the Buffalo
Environmental Management Commission for a term expiring on December 13, 1992.
I hereby certify that Edward Linder is fully qualified to serve as a member of
the Buffalo Environmental Management Commission.
RECEIVED AND FILED
No.4
Designation of Nominees
for Appointment to the
Board of Trustees of the
Buffalo and Erie County
Public Library
Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter
768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3)
nominees designated by me as eligible for appointment to the Board of Trustees
of the Buffalo and Erie County Public Library. The County Executive, subject to
confirmation by the County Legislature, will appoint one trustee from the said
three (3) nominees for a term ending December 31, 1995. The vacancy was created
by the expiration of the term of Roland R. Bensow on December 31, 1990.
Name Address
Roland R. Bensow 66 Hodge Ave., Bflo., NY 14222
Donna M. Lyons 29 Wright Ave., Bflo., NY 14215
Charles J. Ruppert 153 Hagen St., Bflo, NY 14215
Roland R. Bensow is presently a member of the Board of
Trustees of the Buffalo and Erie County Public Library. Mr. Bensow is an
attorney with a Bachelor of Arts degree and a Law Degree from the University of
Buffalo. He is a former Delaware District Councilman and former Minority Leader
of the Buffalo Common Council.
Donna M. Lyons, a housewife and mother of three, holds an A.A. degree from
Trocaire College in 1967, a B.A. degree from D'Youville in 1969 and a Ed.M
degree from SUNYAB in 1980. She is a foreign language teacher at Frederick Law
Olmsted West and a member of the Trocaire Alumni Association Publicity
Committee.
Charles J. Ruppert, a recent retiree, was employed by Mennen Medical, Inc., as
a Material Review Manager in the Purchasing Department. He is a past
president of the Turner and Carroll High School Parents Guild, a trustee
and Vice President of the Parish Council of Holy Redeemer Church, activities
Chairman of the Father Justin Council, Knights of Columbus and a member of the
Board of Directors of the Buffalo Bills and Buffalo Bisons Boosters.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.5
The Pillsbury Co. - Application to construct a warehouse on an existing
foundation.
(Item No. 99, C.C.P., December 26, 1990)
The City Planning Board at its regular meeting held Tuesday, January
2, 1991 considered the above application pursuant to Section 511-67 of the
Buffalo Code - the Buffalo Coastal Special Review District
The applicant seeks to enlarge an existing one-story metal warehouse utilizing
an existing foundation. The proposed warehouse addition will measure 40 feet in
width, 362 feet in length, and one-story or 25 feet in height.
The site is located in an N2 zone which considers such accessory uses
permissible. The site is also located in the Buffalo Coastal Special Review
District which requires that such uses be approved by Your Honorable Body. One
of the conditions of the coastal district is that a 25-foot yard between an
improvement and the water's edge be maintained unless the applicant can
demonstrate a physical need for such structure.
In this instance, the warehouse addition is proposed to be built on the water's
edge of the City Ship Canal because it will be built upon an existing
foundation- C. 1940- which is also built to the water's edge. It should be
noted, however, that while built to the water's edge the proposed warehouse
will not be accessed from the City Ship Canal.
The proposed warehouse will not generate any significant increase in truck or
private vehicular traffic in the area. In this regard, the applicant suggested
that the proposed addition could eliminate the need for trucks to queue on
Ganson Street and therefore ease traffic problems.
The proposed warehouse addition is also located in a flood zone (zone 1-3) but
this matter has been reviewed by the city Department of Public Works. Public
Works has found that the proposed warehouse addition does not violate any
provisions of the city's Flood Damage Prevention Ordinance.
Lastly, the site in question lies within an archaeologically sensitive area.
This, however, is not a significant factor in that the proposed building will
utilize an existing foundation. Consequently, no soil strata will be disturbed
by the warehouse addition. Under S.E.Q.R., the proposed warehouse may be
considered an unlisted action which may be studied by uncoordinated review.
The Planning Board voted to approve the proposed warehouse addition.
RECEIVED AND FILED
No.6
Niagara Lutheran Home - Application to place an illuminated ground sign and
awning at 1040 Delaware. (Item No. 98, C.C.P., December 26, 1990)
The City Planning Board at its regular meeting held Tuesday, January
2, 1991, considered the above request pursuant to Section 387-19 of the Buffalo
Code - the Review of Ground Signs.
The applicant seeks to place a non illuminated ground sign measuring 3 feet by
6 feet, or 18 square feet in sign area, and 5 1/2 feet in overall height. `The
applicant also proposes to place an awning measuring 2 1/2 feet by 21 feet by 4
feet 9 inches which will be built entirely on private property.
The site is located in an R4 zone which prohibits freestanding signs.
Therefore, the applicant must seek relief from this restriction from the Zoning
Board of Appeals. The site is also located in the Linwood Historic District
which requires a review by the Buffalo Preservation Board. The Preservation
Board has granted a Certificate of Exception for the proposed sign (November
30, 1990). Under S.E.Q.R., the proposed sign is considered a Type II action
which does not require further environmental review.
The Planning Board voted "no objection" to the proposed sign and awning, since
it had been reviewed by the Preservation Board and since similar signs had been
allowed by Your Honorable Body in the past.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS
No.7
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE WITH THE PROVISIONS OF' SECTION 441 OF THE CHARTER
OF THE CITY OF BUFFALO AND SECTION CHAPTER 1 OF THE ORDINANCES OF THE CITY OF
BUFFALO, I TRANSMIT HEREWITH THE FOLLOWING CERTIFICATION OF APPOINTMENT TO
BECOME EFFECTIVE Dec. 24, 1990
DEPARTMENT OF MAYORS OFFICE FOR SENIOR CITIZENS Barbara L. Gemerek
122 Ramona Ave.
Buffalo New York, 14220
TO THE POSITION OF Senior Stenographer PERMANENT, STARTING SALARY OF $21,178.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMPTROLLER
No.8
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM
AND DETAILS OF ISSUANCE OF (1) $1,900,000 STADIUM IMPROVEMENT SERIAL BONDS-1990
- D (2) $24,200,000 STADIUM IMPROVEMENT SERIAL BONDS-1990 - E OF THE CITY OF
BUFFALO, NEW YORK, AGGREGATING $26,100,000 AND PROVIDING FOR THE PRIVATE SALE
THEREOF.
The Bonds are hereby sold at private sale to Smith Barney, Harris
Upham & Co. Incorporated, New York, New York, as Managing Underwriter on behalf
of itself and Lehman Brothers pursuant to the Contract of Purchase dated
December 20, 1990, between said Managing Underwriter and the City. The Bonds of
both issues will be dated December 1, 1990 and will bear interest at the
rate(s) per annum specified by the underwriters therefor in accordance
herewith, payable on June 1,1991, December 1, 1991 and semi- annually
thereafter on the first days of June and December in each year until maturity.
The Bonds will be delivered and shall be paid for on or about December 27, 1990
in New York, New York.
A Supplemental Preliminary Official Statement may be obtained from the offices
of the financial advisor to the City, Government Finance Associates, Inc. of
New Jersey, in Princeton, at (609)452-1575, or the office of the Comptroller,
Room 1225 City Hall, Buffalo, New York, at (716)851-5255.
RECEIVED AND FILED
No.9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-EXEMPT FUNDS
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $6,900 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained in
the Budget for the current fiscal year and will not be needed at this time for
the purpose for which they were appropriated.
Dated: BUFFALO, NEW YORK, JANUARY 3, 1991
RECEIVED AND FILED
No.10
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, Pursuant to Section 42 of the Charter, that it is necessary
that the sum of $60,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Regular Departments, as set forth
below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will rot be needed at this time for the
purpose for which they were appropriated.
Dated: BUFFALO,NEW YORK, JANUARY 3, 1991
RECEIVED AND FILED
No.11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
We , James D. Griffin, Mayor and Joel A. Giambra Comptroller,
do hereby certify, Pursuant to Section 42 of the Charter, that it is necessary
that the sum of $100,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Regular Deparments, as set forth below:
The amounts to be transferred are unexpended balances of items contained in
the budget for the current fiscal year and will not be needed at this time for
the purpose for which they were appropriated
Dated: BUFFALO, NEW YORK, JANUARY 3, 1991
RECEIVED AND FILED
No.12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- VARIOUS DEPARTMENTS
MISCELLANEOUS CHARGES
We James D. Griffin, Mayor and Joel A. Giambra, Comptroller, do
hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $145,000 be transferred and reappropriated from Various
accounts in Appropriation Allotments - Various Departments, as set forth below:
The amounts to be transferred are unexpended balances of items contained in
the budget for the current fiscal year and will not be needed at this time for
the purpose for which they were appropriated.
Dated: BUFFALO, NEW YORK, JANUARY 2, 1991
RECEIVED AND FILED
No.13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $180,000 be transferred and reappropriated from various
accounts in Appropriation Allotments -Regular Departments, as set forth below:
The amounts to be transferred are unexpended balances of items contained in
the budget for the current fiscal year and will not be needed at this time for
the purpose for which they were appropriated.
Dated: BUFFALO, NEW YORK, JANUARY 3, 1991
RECEIVED AND FILED
No.14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS
MISCELLANEOUS CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $300,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Miscellaneous Charges, as set forth
below:
The amounts to be transferred are unexpended balances of items contained in
the Budget for the current fiscal year and will not be needed at this time for
the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY 2, 1991
RECEIVED AND FILED
No.15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
We , James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $430,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Regular Departments, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will not be needed at this time for the
purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY, 3, 1991
RECEIVED AND FILED
No.16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - GRANTS-IN-AID
We, James D. Griffin, Mayor - Joel A. Giambra, Comptroller, do
hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $591,951 be transferred and reappropriated from various
accounts in Appropriation Allotments - Grants-in-Aid, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will not be needed at this time for the
purpose for which they were appropriated.
DATED: BUFFALO,NEW YORK, JANUARY 2, 1991
RECEIVED AND FILED
No.17
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - UNRESERVED FUND BALANCE
MISCELLANEOUS CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra,Comptroller, do
hereby certify pursuant to Section 41 of the Charter, that it is necessary that
the sum of $1,831,058 in the estimates for the fiscal year beginning July 1,
1990 is necessary in Appropriation Allotments - Miscellaneous Charges to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-060-
Unreserved Fund Balance not otherwise appropriated for any other purpose. The
detail of the requirements are set forth below:
DATED: BUFFALO, NEW YORK, JANUARY 2, 1991
RECEIVED AND FILED
No.18
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - VARIOUS DEPARTMENTS
FRINGE BENEFITS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $2,469,664 be transferred and reappropriated from various
accounts in Appropriation Allotments - Various Departments, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will not be needed at this time for the
purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY 2, 1991
RECEIVED AND FILED
No.19
COMMENTS ON DEFICIT REDUCTION PLAN
As a result of a meeting with the Director of the Budget to review
the Administration's proposal to address the effect of the New York State
revenue reduction on our current fiscal year's budget, I felt it necessary to
sign the Certificates of Necessity in order to bring these proposals to you for
your consideration. Although I realize that difficult decisions including cuts
to the 1990-91 budget are necessary, I do not concur with all the proposals
that are being presented. Perhaps after further evaluation, my office will be
prepared to work with both the Common Council and the Mayor in recommending
alternative budget modifications.
The City of Buffalo must confront the issue of a potential deficit at
this time. For the past 15 years, we have had a trend of positive financial
results which have demonstrated to the rating agencies and the investment
community that the City has been able to manage their own financial affairs. It
is very important that we do not jeopardize our current standing in the
financial markets. Obviously, any downgrading or erosion of investor confidence
would result in the inability of the City to secure additional financing for
capital needs at affordable rates.
The Certificates of Necessity that were filed today do not represent my
position on how to deal with this issue. However, as Comptroller and Chief
Fiscal Officer of the City it was incumbent upon me not to obstruct the
governmental process and therefore allow discussion to take place on the merits
of the Administration's proposal, or other alternatives to facilitate the end
result of avoiding a year end deficit.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.20
FILING OF ANNUAL FINANCIAL REPORT WITH THE NEW YORK STATE COMPTROLLER'S OFFICE
This is to inform you that the Annual Financial Report was filed
with the New York State Comptroller's Office on December 31, 1990.
The audits of the City of Buffalo and its related entities, the Buffalo
Board of Education and the Buffalo Urban Renewal Agency were not completed as
of November 30, 1990. Since my office does not maintain the financial records
for the related entities, it is impossible to complete the Annual Financial
Report before the related entities issued their financial statements. The
report was completed by my office as soon as all the necessary information was
available.
RECEIVED AND FILED.
No.21
Renegotiate Lease
Newsstand at Fillmore and Broadway
In Item #25, C.C.P. October 16, 1990, Your Honorable Body
authorized the Office of the Comptroller to negotiate a new lease with Mr.
Allan Robins for the property known as the South East corner of Fillmore and
Broadway. Mr. Robins currently owns and operates his newsstand there. The
lease is for land only. The newsstand is owned by Mr. Robins. The current
lease does not expire until July 1992.
The Division of Real Estate has negotiated a new lease with the following
changes:
1. The "Lessee" is changed from Allan Robins to Wayne D. Robins residing at
88 Rugby Road, Buffalo, New York 14216.
2. The new lease shall be for a term of five (5) years to commence on the
1st day of February 1991 and end on the 31st day of January 1996, at an annual
rental of Six Hundred Thirty Dollars ($630.00) payable in advance on or before
the 1st day of February of each year.
3. This lease may be renewed for an additional five years, upon the
agreement of the parties. The annual rental will increase at the rate of 5%
annually payable in advance on the 1st day of February each renewal year.
4. The lessee agrees that he shall not let; underlet or assign over said
premises or any part thereof for the whole or any part of said term, without
prior written approval of the City of Buffalo.
5. All other terms and conditions of the existing lease shall remain in
effect.
The Office of the Comptroller recommends the above terms and conditions of the
new lease.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No.22
Permission to Negotiate
607 Jefferson Avenue
E 546.40' N Broadway
Lot Size:25' x 110'
Assessed Valuation:
Land:
$ 5,500
Improvements:$ 9,500
Total:
$15,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Richard E. Daniels, Jr. of 622 Jefferson Avenue, Buffalo,
New York to purchase the above referenced property.
Mr. Daniels wishes to purchase this property, refurbish and use for
income property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Comptroller, dated December 20, 1990, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Richard E. Daniels, Jr., residing at 622 Jefferson Avenue for the private sale
of 607 Jefferson Avenue and report to this Honorable Body the results of such
negotiations.
ADOPTED
No.23
Permission to Negotiate
57 Sweeney, W 189.87' S Best
Lot Size: 30' x 130'
Assessed Valuation: $900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. David Sokol of 61 Sweeney Street, Buffalo, New York to
purchase the above referenced property.
Mr. Sokol wishes to purchase this property for an extension to his yard.
The Department of Inspections and Community Revitalization and the
Department of Community Development have been contacted and they have no
objection to the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
Mr. FAHEY moved:
That the communication from the Comptroller, dated December 27, 1990, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
David Sokol residing at 61 Sweeney Street for the private sale of 57 Sweeney
Street and report to this Honorable Body the results of such negotiations.
ADOPTED
No.24
Permission to Negotiate
73-77 Fulton, S 50' E Marvin
Lot Size: 50' x 571
Assessed Valuation: $2,800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. John Loughran of 69-71 Fulton Street, Buffalo, New York to
purchase the above referenced property.
Mr. Loughran has indicated that he would like to purchase this property,
which adjoins his, for off-street parking purposes for his business located at
69-71 Fulton Street.
The Department of Community Development and the Department of Inspections
and Community Revitalization have both been contacted and they have no
objection to the sale of this property, providing the parking area is developed
in accordance with Chapter LXX, Section 17b(3) and other statutes.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
Referred to the Committee on Finance
No.25
REPORT OF AUDIT
DIVISION OF TREASURY
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Treasury audit report for the period July 1, 1989 to December 31, 1989.
We are pleased to note that our audit has revealed that the Division of
Treasury's records have been maintained in a highly accurate manner and has
resulted in the City's "Statement of Cash Position and Sundry Investments"
(ref. Exhibit A) being presented in a likewise fair and accurate manner.
Please note that our comment Number 3, page 25, recommends that the
Treasury Division hereafter maintain the Enterprise Fund records in greater
detail as an accepted bookkeeping practice.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
FROM THE COMMISSI0NER OF PUBLIC WORKS
No.26
Licenses issued
November 1990
I am respectfully submitting the enclosed report of licenses issued
in the month of November 1990 by the Division of Licenses.
RECEIVED AND FILED.
No.27
Proposed Lease Agreement between Parker Bay Associates and the City of Buffalo
Item # 26 C.C. P. December 26, 1990
Attached is the revised lease proposal between Parker Bay Associates
and the City of Buffalo. All of the comments made by Your Honorable Body at
the committee meeting have been addressed.
May I please have your approval for the City of Buffalo to enter into
this lease agreement with Parker Bay Associates.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated January 7, 1991 be received and filed; and
That the Mayor be and he hereby is authorized to execute the revised
lease agreement between Parker Bay Associates and the City of Buffalo for the
Delaware Park Casino, as contained in the communication from the Commissioner
of Community Development dated January 7, 1991.
PASSED.
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- ARTHUR, PITTS-2
No.28
MONTHLY LOCAL ASSESSMENT
In accordance with Section 571 of the Charter, I hereby report
that during the months of September and October 1990, I have caused the
improvement of repairing the sidewalks at the following addresses:
13 Agassiz Circle Parkside)$1526.93
17 Parkside 234.81
21 Parkside 287.48
25 Parkside 121.79
33 Parkside 224.94
49 Parkside 138.25
55 Parkside 260.70
59 Parkside 260.04
69 Parkside 267.95
73 Parkside 145.72
77 Parkside 219.45
85 Parkside 164.59
89 Parkside 193.12
121 Parkside 54.86
123 Parkside 164.59
125 Parkside 154.50
127 Parkside 219.45
133 Parkside 54.86
137 Parkside 200.80
141 Parkside 158.44
145 Parkside 382.28
149 Parkside 275.63
165 Parkside 149.23
171 Parkside 54.86
179 Parkside 164.59
181 Parkside 407.74
185 Parkside 355.29
191 Parkside 271.46
195 Parkside 164.59
198 Jewett Pkwy(Parkside)109.72
227 Parkside 1709.07
251 Parkside 320.58
275 Parkside 109.72
291 Parkside (285-297) 3036.09
299 Parkside 4761.18
327 Parkside 297.36
337 Parkside 149.23
351 Parkside 274.09
363 Parkside 109.72
191 Parkside 271.46
195 Parkside $164.59
198 Jewett Pkwy(Parkside)109.72
227 Parkside 1709.07
251 Parkside 320.58
275 Parkside 109.72
291 Parkside (285-297) 3036.09
299 Parkside 4761.18
327 Parkside 297.36
337 Parkside 149.23
351 Parkside 274.09
363 Parkside 109.72
329 Parkside 54.86
I respectfully request that the Commissioner of Assessment be directed to
assess the cost and expense thereof in the amount of $18,210.56.
An additional 5% was included in this total as an inspection charge.
The work was done by Christopher Construction Co. under contract No.
91571000.
Each of the properties contained herein were notified in the appropriate
manner and in accordance with the terms of Section 15, Chapter 4 of the City
Ordinances. Every effort and consideration was extended to these property
owners to minimize the amount of concrete replacement performed at each
location.
REFERRED TO THE COMMITTEE ON FINANCE.
No.29
Reconstruction of the Jewett Avenue Viaduct over Conrail
Under the "Accelerated Capacity and Transportation Improvement
of the Nineties Bond Act," chapter 261 of the laws of 1988 the State of New
York has authorized the expenditure of moneys for the reconstruction of the
Jewett Avenue Viaduct over Conrail.
The City of Buffalo shall design and prepare bids for this project. The
project will be funded, by the state, up to an amount not to exceed 80% of the
total estimated costs. The remaining amount shall be funded by the City of
Buffalo.
In older to complete the design and construction of the project the state
requires the City of Buffalo Common Council pass the attached form The Local
Share for design and construction is estimated at $200,000.00 funds.
REFERRED TO THE COMMITTEE ON FINANCE.
No.30
EMERGENCY REPAIRS - BAILEY AVENUE
WATER SERVICE
As part of the installation of a new waterline on Bailey Avenue,
it was necessary to install a temporary service to Starlite Industries located
at 350 Bailey Avenue.
On December 25, 1990, this temporary service froze thus shutting off all water
supply to Starlite Industries. On December 26, 1990 I declared an emergency
situation and issued an order to Grand Jude Plumbing Inc.,909 Oliver Street,
North Tonawanda, New York 14150, to replace the temporary service with a
permanent service in order to correct this problem.
We expect the cost of this project to not exceed $10,000.00. Funds for this
work are available in Division of Engineering Capital Project Fund 200-401-021.
This work was scheduled to be done as part of the original waterline
installation contract and will now be deleted from that contract. As a result,
there will be no additional cost to this project.
REFERRED TO THE COMMITTEE ON FINANCE.
No.31
Change in Contract -
Reconstruction of Central Booking
City Court Building -Muffett Heating
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Central Booking, City Court Building,
Buffalo, New York, Moffett Heating Corp., C-9l584000:
l. Furnish and install new duct system, diffusers, insulation and exhaust
duct system for revised third floor. ADD 9,750.00
These changes were required by New York State Department of Corrections due to
the fact that the length of time a prisoner was to be held was increased
requiring larger cells and additional equipment in each cell.
The second bidder on this project was Joe Davis, Inc. in the amount of
$47,300.00.
The foregoing change results in a net increase in the contract of Nine Thousand
Seven Hundred Fifty and 00/lOO Dollars ($9,750.00)
Summary Original Amount of Contract $45,685.00
Amount of this change (No. l) ADD 9,750.00
Revised Amount of Contract $55,435.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-520 - 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.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
November 20, 1990, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Moffett Heating Corp., in the amount of $9,750.00 for
additional work under the contract for Reconstruction of Central Booking, City
Court Building, C915840000, with said cost to be charged against the Division
of Buildings Bond Fund Account No. 200-402-520.
PASSED.
AYES-12 NOES-0
No.32
Change in Contract -Reconstruction of
Central Booking City Court Building Warrens Electric
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Central Booking, City Court Building,
Buffalo, New York, Warrens Electric Co. C-91584100:
.Remove old, furnish and install new light fixtures, new CCTV equipment,
replace breakers and relocate various equipment
ADD $24,192.00
These changes were required by New York State Department of Corrections due to
the fact that the length of time a prisoner was to be held was increased
requiring larger cells and additional equipment in each cell.
The second bidder on this project was Goodwin Electric in the amount of
$11,400.00.
The foregoing change results in a net increase in the contract of Twenty-four
Thousand One Hundred Ninety-two and 00/100 Dollars ($24,192.00).
Summary Original Amount of Contract $11,023.00
Amount of this change (No. l) ADD $24,192.00
Revised Amount of Contract $35,215.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-520 - 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.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
December 21, 1990, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Warrens Electric Co., in the amount of $24,192.00 for
additional work under the contract for Reconstruction of Central Booking, City
Court Building, C-91584100, with said cost to be charged against Division of
Buildings Bond Fund Account No. 200-402-520.
PASSED.
AYES-12 NOES-0
No.33
47 East Mohawk Street requests permission to install sign which encroaches city
right of way.
Mr. Peter Perrone, owner of Mohawk Place, a bar and restaurant
located at 47 East Mohawk Street, has requested permission to install a sign
which would encroach city right of way at said address.
The proposed sign measures four (4) feet in height, three (3) feet in
width, and would be attached perpendicular to the building face.
The Department of Public works has reviewed Mr. Perrone's request
pursuant to Chapter 413 Section 67 (encroachment regulations) of the City
Charter and has no objection to your Honorable Body authorizing the
Commissioner of Public works to issue a "Mere License" for said installation
provided the following conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign be installed exactly as shown on plans submitted to and
approved by the Department of Public works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No.34
REQUEST FOR SALARY ADJUSTMENT
I have been the Acting Commissioner of Parks since March 3, 1990.
Your Honorable Body was kind enough to accept my claim submitted for the
difference in pay between the title of Director of Recreation and the
Commissioner of Parks from March 5, 1990 to June 29, 1990.
Since the submission of that first claim I am still performing all the duties
of the Commissioner and I am asking that Your Honorable Body authorize the
difference in pay I believe I am entitled to. There are thirteen (13) pay
periods from July l, 1990 to December 22, 1990 with a salary difference of
$744.28 per pay period between the Commissioners salary and that of the
Director of Recreations. The total difference amounts to $9,675.64.
On December 24, 1990, Mayor James D. Griffin appointed me the Deputy
Commissioner of Parks. I will be performing the duties of the Commissioner at
least until Mr. Delano's leave of absence expires.
I am also asking that Your Honorable Body authorize that I be paid the
difference in pay between that of the Deputy Commissioner and the Commissioner
commencing December 24, 1990.,
Your expeditious approval of my request will be greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE.
No.35
INCREASE IN GOLF FEES
ITEM No.101, CCP 12/26/90
The new fees for golf permits were recommended to your honorable
body in the 1990-91 budget and they were consequently approved. The new fees
are now part of the charter and any changes would have to be approved by your
honorable body.
In my opinion, the monies that we are charging are not excessive. Before the
fees were raised, we did not at that time charge a different fee for 9 holes as
compared to 18 holes.
It is interesting to note that out of a total of 69 people who signed this
petition, 58 do not reside in the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No.36
"Plans/Specs - Sail. Concess. - Bennett Beach". (Item 159,
C.C.P. October 16, 1990)
The City of Buffalo is seeking proposals from qualified individuals
to lease and operate Bennett Beach, a 55 acre site with a two-story frame
structure and a one-story frame restroom facility.
The City of Buffalo is prepared to provide some renovation to existing
buildings and to provide some site work. Long term lease available for
operation of beach, sailing center, restaurant and picnic area and other
related facilities or activities that prospective bidders feel are feasible.
To obtain RFP please write:
City of Buffalo
Department of Public Works
502 City hall
Buffalo, N.Y. 14202
Attention: Robert A. O'Hara
Director of Buildings
716-851-5874
Mr. Fahey moved to refer the above item to the Special Committee on Parks
Oversight and the Corporation Counsel; seconded by Mr. Bakos.
Mr. Rutecki moved as an amendment to receive and file the above item; Seconded
by Mr. Pitts
Lost
AYES- AMOS, PITTS, RUTECKI-3
NOES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA-9
Mr. Fahey now moved his original motion to refer the item to the Special
Committee on Parks Oversight and the Corporation Counsel; seconded by Mr. Bakos
Adopted
FROM THE COMMISSIONER OF POLICE
No.37
CHECKS DEPOSITED IN T&A ACCOUNT
Per C.C.P. #104 of February 2, 1988, attached hereto please find
copies of the following listed checks:
#8155-00086045 - $ 4,723.00
#8155-00086040 - $ 1,713.00
#8155-00086037 - $ 3,375.00
#8155-00086036 - $ 945.00
#8155-00086035 - $ 1,929.00
#8155-00086034 - $ 1,143.00
#8155-00086031 - $ 47,495.00
#8155-0008603 - $134,960.00
#8155-00086029 - $ 1,750.00
#8155-00086024 - $ 1,157.00
#8155-00086021 - $ 1,704.00
#8155-00086016 - $ 1,743.00
#8155-00086078 - $ 1,323.00
#8155-00086074 - $ 1,855.00
#8155-00086073 - $ 5,395.00
#8155-00086072 - $ 8,037.00
#8155-00086070 - $ 2,160.00
#8155-00086070 - $ 2,160.00
#8155-00086051 - $ 2,043.00
#8155-00086047 - $ 1,815.00
TOTAL $224,965.00
These checks were received by this department and duly deposited in Trust &
Agency Account #630-065-217-00-00O.
RECEIVED AND FILED
No.38
INFO - COMBAT GRANT PROPOSAL
PER YOUR REQUEST, ATTACHED PLEASE FIND INFORMATION THAT ACCOMPANIED
THE DEPARTMENT'S COMBAT GRANT PROPOSAL WHEN IT WAS SUBMITTED TO THE STATE OF
NEW YORK.
IF YOU REQUIRE ADDITIONAL INFORMATION PLEASE FEEL FREE TO CONTACT ME AT
851-4028.
REFERRED TO THE COMMITTEE ON FINANCE
No.39
CCP #163 - December 26, 1990
Ordinance Amend. Ch. 343-Public Places
I submit the following comments in regards to the above new proposed
Chapter 343 - "Protection of Minors in Public Places". You are asking the
Police to assume responsibilities which rightfully belong to parents. We do not
have the time or the manpower to be baby-sitters for these individuals. It may
take hours to find some of the parents of these minors. We also do not have
adequate facilities at Police Headquarters to put these people while waiting
for their parents to pick them up.
If, however, such Ordinance is passed, we will do our best to enforce
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.40
CCP #170 - December 26, 1990
"Appt. Police Study Commission"
In response to the above proposal, I state the following:
l. We do fill vacancies twice a year when there is a class at Central
Police Services.
2. There is an attrition rate in the current police budget of 3%. This
means that 35 police vacancies cannot be filled.
3. We do not have a history of refusing to fill vacancies; we fill all
positions which budget authorizes us to fill.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No.41
ITEM #111 C.C. P. DECEMBER 11, 1990
"R. SCHRADER COMPLAINTS - PROPERTY 886 PROSPECT
(945-947 NIAGARA)"
The Buffalo Fire Department responded to the following calls at
the above listed addresses:
Address Date Disposition
947 Niagara October 13, 1990 wood burning stove
866 Prospect October 19, 1990 wood burning stove
RECEIVED AND FILED
No.42
DISPOSE OF ENG. #16 PROPERTY - 1420 MAIN)
In response to your letter dated December 18, 1990 regarding the
above referenced item:
Item # 1 : An agreement has been made with the area businesses (The Bristol
Home) that the will pay for the cost of placing the conduit and the Buffalo
Fire Department Communications Division will install the cable and do all the
splicing necessary to keep their master fire box in service.
Item # 2 : At the present time the Fire Historical Society is no longer
interested in the site of Old Engine #16 - 1420 Main Street for the Fire
Museum. They are presently in negotiations with the Division of Real Estate for
the old fire house at Best and East Streets.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No.43
PROPOSED LEASE AGREEMENT BETWEEN PARKER BAY
ASSOCIATES AND THE CITY OF BUFFALO
(Item No. 26, C.C.P., December 26, 1990)
Your Honorable Body has referred this item to the Law Department.
The agreement has been reviewed and approved as to form and content. The
agreement requires fidelity, fire and liability insurance protecting the City
of Buffalo and the operator. In addition, the operator must indemnify the City
for claims or lawsuits relating to the operation of the concession. Therefore,
I believe the contract adequately protects the interests of the City of
Buffalo.
RECEIVED AND FILED.
No.44
AMEND CABLE TV FRANCHISE AGREEMENT
ADDITIONAL FUNDING FOR PUBLIC ACCESS
[ITEM NO. 182, C. C. P., DEC. 26, 1990]
The above item has been referred to the Committee on Finance,
the Commissioner of Administration and Finance and this Office. It is a
resolution which asks the Corporation Counsel to provide a report on what
procedures would be required to amend the Franchise Agreement between the City
and TCI to allow the franchise fee to be dedicated to public access.
We have reviewed the Franchise Agreement between the City and TCI. Paragraph 25
thereof covers the payment of the 5% franchise fee to the City. The agreement
is silent on the use to which the fee is put by the City. Therefore, it is our
opinion that the Franchise Agreement need not be amended in order to dedicate a
portion of the fee to public access. The proper procedure for doing this would
be through a budget amendment.
REFERRED TO THE COMMITTEE ON FINANCE
No.45
INVESTIGATE PURCHASE: 2038-2050 GENESEE ST.
(Item No. 202, C.C.P., December 11, 1990)
You have referred to the Finance Committee and to this office
the above-referenced communication from the Comptroller, reporting the asking
price of the owner of this building, the acquisition of which has been proposed
to Your Honorable Body.
Please be advised that the acquisition of real property by the City is governed
by Sections 511 and 512 of the Charter, and by the Eminent Domain Procedure
Law.
Section 511 of the Charter requires that the Council may, by a two-thirds vote
of all members elected thereto, authorize the Comptroller to acquire real
property necessary for a municipal or public use. The resolution must state the
necessity for the purchase, the amount of funds necessary therefor, a full
description of the property, the name of the actual owner and of any person
holding or claiming to hold an option thereon. Section 512 of the Charter
provides that the Council shall not authorize the purchase of any property
unless the Comptroller provides a certificate certifying that funds sufficient
for such purpose are available in the current annual budget or have been
provided pursuant to the Local Finance Law, and such certificate is recited in
the resolution authorizing the purchase.
The Eminent Domain Procedure Law (EDPL) governs the acquisition of real
property by condemnation. Section 301 of the EDPL requires that a municipality
"shall make every reasonable and expeditious effort to justly compensate
persons for such real property by negotiation and agreement." If negotiations
fail, the other provisions of the EDPL governing condemnation will come into
play.
REFERRED TO THE COMMITTEE ON FINANCE.
No.46
S. THOMAS: PROTEST WATER CHARGES/SERVICES
(Item No. 168, C.C.P., December 26, 1990)
The above resolution has been referred to the Committee on Finance,
the Commissioner of Public Works, and to this office. It requests the waiver of
water bills for residents on Chelsea Street who claim that they are
experiencing low water pressure.
Please be advised that Section 491-71 of the City Ordinances requires that full
water fees be charged to all premises into which water is introduced, and no
rebates shall be allowed. The water rates are set forth in Section 175 of the
City Ordinances.
The Common Council has no power to waive water bills. To do so, without a
clear municipal or public purpose therefor, would be an unconstitutional gift
of public property, prohibited by Article VIII, Sec. I of the State
constitution. Low water pressure is, in our opinion, not a valid municipal or
public purpose for waiving water bills. The City makes no guarantee of any
particular water pressure, and it has no bearing on the amount of water which
these premises consume.
REFERRED TO THE COMMITTEE ON FINANCE.
No.47
LIABILITY FOR SEWER PROBLEMS
(MARY JOHNSON) 280 E. FERRY
[ITEM NO. 85, C.C.P., DEC. 26, 1990]
The above item has been referred to the Committee on Finance,
the Buffalo Sewer Authority and this Office. It is a letter from Mary Johnson
in which she states that her sewer vent was covered up during the widening of
the intersection of Jefferson and E. Ferry.
An inspection by the Division of Engineering has revealed that a sewer vent was
indeed covered up during this construction. However, work crews for various
utilities, as well as our con- tractor, were on the site and it would be
impossible for us to tell who covered up the vent.
The Division of Engineering has sent a letter to Mary Johnson informing her
that we will have the contractor in Phase II of the Jefferson Avenue
reconstruction dig up and uncover her sewer vent.
REFERRED TO THE COMMITTEE ON FINANCE.
No.48
ORDINANCE AMENDMENT CHAPTER 281-LOW INCOME HOUSING
(Item No. 228, C.C.P., December 11, 1990)
(Item No. 23, C.C.P.., December 26, 1990)
The above-referenced Ordinance Amendment and communication from
the Commissioner of Assessment have been referred to this office for comment.
The Ordinance Amendment would amend Chapter 281 of the City Ordinances by
adding a new section 11, which would, pursuant to state enabling legislation
contained in Sec. 421-e of the Real Property Tax Law, grant exemption from real
property tax to low- income housing projects developed under Article 18 of the
Private Housing Finance Law or new construction projects which receive
payments, loans or grants pursuant to Article 19 of the Private Housing Finance
Law.
The communication from the Commissioner of Assessment points out that the
Ordinance Amendment, as drafted, could exempt from taxation up to 900 units of
housing built or being built in the City of Buffalo under these two programs.
The Commissioner of Assessment is correct. The Ordinance Amendment is probably
drafted too broadly, but this could be corrected by redrafting it to narrow its
scope.
Article 18 of the Private Housing Finance Law is the Housing Trust Fund
Program. It provides state funds for converting and renovating cooperatives,
condominiums, rental projects and homesteading projects. The units must be
rented to "persons of low income," which is defined in Sec. 1101 (10) of the
law as persons and families whose income does not exceed 90% of the medium
income.
Article 19 of the Private Housing Finance Law is the Affordable Housing
Program. It makes state funds available to subsidize the construction of single
family homes for persons or families for "individuals or households for whom
there are no other reasonable and affordable homeownership, rehabilitation or
home improvement alternatives, as the case may be, in the private market..." A
family earning up to $33,500 can qualify for houses assisted by the Affordable
Housing Program.
Of the 900 homes referred to by the Commissioner of Assessment in his
communication dated December 20, 1990, more than 800 are single-family homes
built under the Affordable Housing Program-Article 19 of the Private Housing
Finance Law. The Affordable Housing Program subsidy is enough to make these
units very attractive, and they do not require any tax exemption.
Only five projects in the City of Buffalo have been or are being built under
the Housing Trust Fund Program: Emerson Row Houses, School 62 Conversion, 484
Leroy, Southside Firehall, and St. Ann's Rectory conversion. Emerson Row Houses
already have, and the School 62 apartments will be eligible for a tax exemption
under Section 420-a of the Real Property Law because they are owned by
not-for-profit corporations. Southside Firehall and 484 Leroy did not receive
any tax exemptions. The St. Ann's apartments, which are intended for the
low-income handicapped, will not be eligible for exemption under Sec. 420-a
because they will not be owned by a limited partnership.
It is our understanding that the purpose of this Ordinance is to grant real
property tax exemption to the St. Ann's project, and other projects meeting the
same criteria which may come along later. This purpose may be effectuated by
amending the ordinance to delete any reference to Article 19 of the Private
Housing Finance Law. In this way, the tax exemption will only be available to
projects financed under the Housing Trust Fund for which income limitations
apply and will not be available for housing financed under the Affordable
Housing Program for which income limitations do not apply.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.49
COMMUNICATION FROM BROADWAY MARKET MANAGEMENT CORPORATION
(Item No. 70, C.C.P.., Dec. 26, 1990)
The above-referenced communication was referred to the Legislation
Committee and to this office for a response.
The wording of the communication is confusing, and it is not clear what the
writer wants. However, it appears that the Broadway Market Management
Corporation ("Corporation") is requesting some relief from a provision in its
lease with the City which restricts the length of the sub-leases which it
enters.
The Corporation operates the Broadway Market under a lease with the City. The
operators of the stalls in the Market are sub-lessees of the Corporation. A
provision of Section 5 (b) of the lease between the Corporation and the City
provides that no sub-lease may extend more than three years beyond the
expiration of the lease between the Corporation and the City. It appears that
the Corporation is asking for relief from this provision, in order to permit it
to enter into sub-leases for 5,000 square feet or more which provide for one
five-year term and two five-year options to renew.
The proper way to accomplish this purpose, if it be desired, is to amend
Section 5 (b) of the lease between the Corporation and the City to permit
sub-leases and options to renew under the conditions specified. If your
Honorable Body so directs, we will prepare such an amendment and submit it for
your approval.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.50
COMMUNICATION FROM BRIAN SPRINGER
(Item No. 95, C.C.P.., December 26, 1990)
Your Honorable Body has referred the above-referenced communication
to the Special Committee on CATV to the Board of Ethics and to this office.
The communication from Mr. Springer, a member of the Public Access Policy
Board, advises that he has become a member of the Advisory Board of Buffalo
Community Television (BCT), one of three organizations which have submitted
proposal to act as the City's Public Access operator. He has advised both the
PAPB and Your Honorable Body of his activity with BCT, and that he will not
vote on the recommendation by the PAPB of a Public Access operator.
Firstly, the activity which Mr. Springer describes does not meet the definition
of an "interest" contained in Section 800(3) of the General Municipal Law
("Conflicts of Interest"). Secondly, by disclosing his relationship and
abstaining from voting on the PAPB's recommendation of a Public Access
operator, he has removed any appearance of conflict of interest and has
complied with the Code of Ethics.
REFERRED TO THE COMMITTEE ON CATV.
No.51
Proposal to Use Ring Urban Life Center
for Public Access Television Center
At the meeting of the Special Committee on CATV on December 18,
1990, the Committee Chairman asked this office for an opinion on whether the
Agreement between the Church of St. Mary of Sorrows ("Church") and Sacred Sites
Restoration Corporation ("Sacred Sites") dated May 24, 1987 presents any legal
restrictions which might affect the operation of a public access studio at that
site.
The Agreement provides, in Section 9 thereof, that:
"Use. The Property shall be used only as a community oriented social,
educational and cultural center. All activities conducted therein shall be
nondiscriminatory as to race, religion or national origin, it being the
intention of the parties that the uses of the Center shall include any of the
types of activity which may usually occur in such facilities as the City of
Buffalo-owned Kleinhans Music Hall, provided such use is secular in nature and
is respectful of the historical tradition of the Church Building and its former
use.
The Corporation will operate the Center on a nonprofit basis under a management
Agreement with the City.
The Corporation acknowledges that The Parish has certain particular concerns
with respect to particular types of activity and, accordingly, agrees that the
property shall not be used for gambling activities of any kind including bingo;
nor for the performance of abortions or any abortion-related services and/or
activities; nor for the performance of any procedures or any services or
activities related to birth control, sterilization, artificial insemination
and/or euthanasia. The Corporation further agrees that no form of religious
service shall be conducted on the premises.
The restrictions as to use of the Church Building described in this Section
shall, at the option of the Parish, be set forth in the Deed, or
in a separate instrument to be recorded simultaneously therewith, and shall be
enforceable at law by the Parish or the Diocese of Buffalo."
The Agreement further provides, in Section 25 thereof, that the provisions of
Section 9 cited above "shall survive Closing and the delivery of the deed
hereunder."
The Agreement governs the terms and conditions under which the King Urban Life
Center, formerly known as St. Mary of Sorrows Church was transferred from the
Church of St. Mary of Sorrows to Sacred Sites. Subsequently, title to the
property was transferred from Sacred Sites to the City of Buffalo, by a deed
dated June 13, 1989 and recorded in the Erie County Clerk's Office on June 28,
1989. Acceptance of title was approved by Your Honorable Body by Item No. 194,
C.C.P.., June 13, 1989. Title was vested in the City in order to facilitate the
use of bond funds for the building's renovation.
On June 14, 1990 the City leased the King Center for 99 years back to Sacred
Sites. This lease from the City to Sacred Sites provides, at paragraph 19
thereof:
"Appended hereto as C is a copy of the Acquisition Agreement which contains
certain terms and conditions which, pursuant to the Acquisition Agreement,
are intended to survive the delivery of the deed to the Corporation from the
Parish conveying the Premises. The City acknowledged that the use and occupancy
of the Premises shall be subject to such terms and conditions."
It is clear from the foregoing that the Agreement was intended by all parties
to be a covenant running with the land, enforceable by the Church, as Grantor,
against anyone holding title to, or a possessory estate in, the Premises. The
City is currently owner of title to the premises; Sacred Sites has a present
possessory estate, as lessee in possession under a 99 year lease.
Therefore, the Church has a continuing right to enforce Section 9 of the
Agreement anytime the Church deems it to have been violated. Such enforcement
may be through an action at law or at equity (i.e. injunction).
Section 9 of the Agreement is termed a "restrictive covenant" under New York
Real Property Law. Should the Church choose to enforce said covenant, the
following rule of law would apply:
"Restrictive covenants are construed strictly against those who formulate or
seek to enforce them. Doubts and ambiguities are resolved in favor of the free
use of the property so that the restrictions are narrowed, rather than
broadened, in their application." (Warren's Weed New York Real Property, Fourth
Edition, Section 4.02).
In my opinion, in light of the above principle of law, Section 9 of the
Agreement would not prevent the premises from being used as a public access
television center.
REFERRED TO THE COMMITTEE ON CATV.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.52
Pillsbury Co. - Use 250 Ganson Street,
Warehouse Addition
Item No. 99, C.C.P.., December 26, 1990
The Department of Community Development supports the warehouse
addition being proposed by the Pillsbury Co. This is an example of the
strengthening of water-dependent uses in the Coastal Zone. This expanded use
will serve to reinforce Buffalo's position as the nation's leading grain
milling center.
It should be recognized that upon the review of the plans submitted, the
applicant demonstrated a physical need for the structure to be located within
25 feet of the waterfront (City Ship Canal).
RECEIVED AND FILED.
AYES-AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO, PERLA,
PITTS, RUTECKI-11
NOES-HIGGINS-1
No.53
The Pillsbury Co. Application to construct a warehouse on an existing
foundation. (Item No. 99, C.C.P., December 26, 1990)
Attached for your information is the completed Full Environmental
Assessment Form and draft Negative Declaration for the project captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, dated be
received and filed; and
That Item No. 99, C.C.P.., December 26, 1990, THE PILLSBURY CO. - APPLICATION
TO CONSTRUCT A WAREHOUSE ON AN EXISTING FOUNDATION is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF,
the Common Council adopts the findings set forth in Part II and, as a result,
finds that this proposed action will not result in any significant adverse
environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No.54
AUTHORIZED BUT UNISSUED DEBT
CCP 1135 - October 30, 1990
As per your request, I have prepared the following status report
regarding the bond accounts in Community Development:
Improvements at Majorka Village ($95,000)
This account will be used to purchase the former Penn Central property (6.02
acres) on Memorial Drive off Broadway for the construction of affordable
housing units and an NFTA 30 foot easement for future transit expansion.
Theater District Parking Ramp ($3,966,000)
The need for this ramp will be determined once the Aud site selection process
is finished.
Improvements to Martin Luther King wading Pool $475,000
(717-006)
To be bid spring 1991.
Revitalization of Sattler's Site $380,000 (717-O08)
This may be needed for site work in conjunction with theK Mart to be built in
1991 at 998 Broadway.
Hertel Avenue Fishing Areas $40,000 (717-016)
To be used once 28 Hertel is acquired and title problems are resolved at the
Foot of Hertel.
Bailey-Delavan Community Center $280,000 (717-020)
Site and scope of work to be determined
Convert School 141 to Residential $75,000 (717-030)
Needs design and scope of work.
Convert City-Owned Vacant Buildings $75,000 (717-031)
Needs design and scope of work.
Augspurger Parking Ramp Expansion $475,000 (717-036)
The need for this ramp and scope of work will be determined once the Aud site
selection process is completed.
School 162 Conversion $170,000 (717-039)
This account should be combined with 717-035. MAC Associates is the designated
developer for the residential portion. The bond account will be used for the
Community Center.
Allendale Theater $475,000
This bond account provided the match to receive a $500,000 EQBA grant. We are
awaiting SHPO approval and final cost estimates on the renovation from our
consultant. War Memorial Stadium
To be bid January 1991.
Bailey-Delavan Community Center $475,000 (717-020)
Site and scope of work to be determined.
Niagara St. Park Acquisition $380,000 (717-058)
The Division of Real Estate is negotiating the purchase of 28 Hertel Avenue.
Delaware Park Jogging Path $190,000 (717-050)
BURA hired a consultant to develop a master plan for Delaware Park including
jogging path recommendations. The report is due in April 1991.
Cazenovia Park Casino Area $115,000 (717-051)
To be designed by staff for summer 1991 construction.
South Buffalo Playground $95,000
To be designed by staff for summer 1991 construction.
Roosevelt Park
To be designed by staff for summer 1991 construction.
Collins Playground
To be designed by staff for summer 1991 construction.
Roetzer Playground
To be designed by staff for summer 1991 construction.
Polish Community Center Parking Facility (717-057)
The Division of Real Estate is negotiating the purchase of 3 properties and
then the Development staff will design and bid the parking lot.
Schiller Park Senior Center Addition (717-059)
Design almost complete - Bid date in January 1991.
Fountain Plaza Improvements (717-061)
Council authorized transfer to BURA to be combined with CDBG funds for ice rink
and plaza work.
REFERRED TO THE COMMITTEE ON FINANCE.
No.55
Telephone System - East Clinton
Autumnwood Senior Citizen Center
Upon completion, the subject Center will provide a full compliment
of senior citizen services and provide necessary office space for the East
Buffalo Planning and Development Council which is presently located at 129
Lewis Street, Buffalo, New York.
On December 14, 1990 the Department of Community Development requested a price
quotation from A T & T to install a Merlin Plus phone system at 1800 Clinton
Street, portions of which will be relocated from 129 Lewis Street.
A T & T responded on December 21, 1990 with a quotation of $6,789.72 to provide
all wiring, equipment, labor and other materials necessary to install-relocate
the desired phone system. Funds for this work are available in Bond Fund
200-717-040.
I therefore request that Your Honorable Body approve the price quotation from A
T & T in the amount of $6,789.72 to allow installation of the phone system at
1800 Clinton Street.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development dated
January 3, 1990, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to enter into a contract with American Telephone and Telegraph to install a
Merlin Plus telephone system at the East Clinton-Autumnwood Senior Citizen
Center, 1800 Clinton Street, including all necessary wiring, equipment, labor
and materials, and that said contract be charged to Bond Fund 200-717-040.
PASSED AYES-12 NOES-0
FROM THE COMMISSIONER OF STREETS
No.56
INCREASE IN RENT FOR ANIMAL SHELTER
Sam Houston, John Hannon, Jr. and I received the attached letter
from Hunt Real Estate Corporation stating the rent for the Animal Shelter at
1250 Niagara Street would be increased to $3,900.00 per month effective January
l, 1991.
I do not recommend any increase in rent. I believe the owner should offer an
explanation on why the increase is justified. Your Honorable Body is also
moving on acquiring the property at 380 Oak Street for a new shelter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.57
Ordinance Amendment- Chapter 511
Transit Station Area District
Item No. 195, C.C.P. 11/17/90
The subject Ordinance Amendment was approved by Your honorable
Body on 12/11/90, Item No. 185. In this regard, the undersigned hereby requests
that you consider the following comments and recommendations:
Reference to 511-79.7(A) (3) - Lot Area - Provision should be included for
waiver upon recommendation by the Commissioner of Inspections and Community
Revitalization and/or the Commissioner of Public `Works.
Reference to 511-79.9 - Site Development Plan Review - Review and approval
should be accomplished in conjunction with the Departments of Inspections/
Community Revitalization and Public Works, and both Commissioners or their
delegates should also be included on the "Main Street Site Development Plan
Review Panel" referenced in Item #135, C.C.P.. 11/13/90, (Received and filed
#148, 12/11/90).
Reference to 511-79.9(B) - Application Requirements The applications for site
plan approval should be made to the Commissioner of Public `Works whereby the
requirement could be incorporated into the permit application process.
Reference to 511-79.9(C) - Required Fee - The fees to which reference is made
should be non-refundable unless waived upon recommendation by the Commissioners
of Public Works or Inspections/Community Revitalization.
Reference to 511-79.9(D) - General Standards/Considerations - The review to
which reference is made should be conducted in conjunction with the
Commissioners of Public Works and Inspections/Community Revitalization.
RECEIVED AND FILED
No.58
Item 8228, C.C.P.. 12/11/90, Ordinance Amendment, New Section of Chapter 281 -
Low Income Housing
The City of Buffalo's neighborhood revitalization programs are
intended to stabilize neighborhoods, provide affordable home ownership and
rental opportunities and to increase the city's existing tax base.
Projects utilizing funds from New York State housing programs to develop
affordable homes and rental units are designed to be affordable to low to
moderate income families, including payments for city taxes.
The City has been highly successful in its efforts to revitalize neighborhoods
using state grants/subsidies without exemptions for city taxes.
This expansion of the tax base has resulted in all city taxpayers having stable
property tax rates over the past twelve years. If a local law is adopted that
permits the exemption of city real property tax payments in order to make
housing using state grants/subsidies more affordable, the burden of property
taxes will then be absorbed by existing property owners.
This result would have a negative impact in accomplishing the goal of
revitalizing city neighborhoods. Existing property would have increased real
property taxes which would discourage young families from buying an existing
home and rental property owners would probably pass on the cost of increased
taxes to their tenants. Consequently, the availability of affordable existing
homes and rental units in the City would decrease.
The net effect of exempting the state subsidized projects from city property
taxes, will be to hurt the majority of property owners in the city, many who
are low income and barely meeting their current housing expenses.
Therefore, for the benefit of all city real property owners, the Department of
Inspections and Community Revitalization takes the position that the present
taxing policies of the city should remain unchanged.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.59
OVERDUE FISCAL REPORT
Attached is a request from the office of the State Comptroller
for Mayor Griffin to provide each Councilmember with a copy of the third
reminder letter notifying the city Comptroller that the annual financial report
for the fiscal year which ended June 30, 1990 is overdue.
I am forwarding this letter to you on behalf of Mayor Griffin to comply with
the request of the State Comptroller.
RECEIVED AND FILED.
No.60
Amend Cable TV Franchise Agreement
Additional Funding for Public Access"
Item #182, C.C.P.. December 26, 1990
The above referenced item has been referred to this office for
comment. It is a suggestion to amend the current franchise agreement between
the City and TCI so that the franchise fee now used as a general fund revenue
would be dedicated to a public access facility. This resolution suggests the
funds be put into a public access account on an incremental basis over the next
five years.
I am unequivocally opposed to such a suggestion. The 1990-91 City budget
includes a $1,100,000 estimated revenue from the cable television franchise
fee. This revenue needs to stay in the general fund to support essential City
operations which I believe rank a much higher priority for Buffalo residents
than public access television. At a time when the City budget has been required
to absorb a $5.6 million mid-year cut in state aid, and with further fiscal
problems on the horizon, common sense dictates that the City cannot afford to
give up a substantial local revenue to the City's general fund budget.
REFERRED TO THE COMMITTEE ON FINANCE.
No.61
ELECTION OF COMMISSION PRESIDENT
This is to inform you that at a meeting held on this date the
Municipal Civil Service Commission unanimously chose E. W. Dann Stevens as
their President for the new year.
RECEIVED AND FILED.
FROM THE BUFFALO SEWER AUTHORITY
No.62
"M. Johnson - Liability Sewer Problems
280 E. Ferry" (Item #85, C.C.P. December 26, 1990)
Please note that the above referenced sewer problem was caused
as a direct result of a project which was constructed by Nichter Utility Co.
Inc. and inspected by the City of Buffalo, Department of Public corks.
The Buffalo Sewer Authority has no responsibility in this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No.63
RECALL ITEM FROM MAYOR
ORD. AMEND.- CH. 12- VARIOUS SECTIONS- CODE OF ETHICS
(ITEM NO. 147, C.C.P. 12/26/90)
BY DIRECTIVE OF THE COUNCIL, ITEM NO. 147, C.C.P.. DECEMBER 26,
1990, ORDINANCE AMENDMENT CHAPTER 12- VARIOUS SECTIONS- CODE OF ETHICS- HAS
BEEN RECALLED FROM THE MAYOR FOR FURTHER CONSIDERATION BY THE COMMON COUNCIL.
PURSUANT TO ADVICE FROM THE CORPORATION COUNSEL INDICATING THE ABOVE ORDINANCE
AMENDMENT HAS BEEN ACCOMPLISHED BY ITEM NO. 164, C.C.P. 12/26/90, AND SAID ITEM
HAS BEEN SIGNED BY THE MAYOR ON DECEMBER 27, 1990.
IT IS THEREFORE NECESSARY TO CORRECT THE ACTION OF THE COUNCIL AND RECEIVE AND
FILE ITEM NO. 147, C.C.P. DECEMBER 26, 1990.
MR. FAHEY MOVED TO RECEIVE AND FILE THE ABOVE COMMUNICATION FROM THE CITY CLERK
RELATING TO THE RECALL FROM THE MAYOR, OF ITEM NO. 147, C.C. P. 12/26/90, AND
THAT THE ACTION OF THE COUNCIL IN APPROVING SAID ITEM BE RESCINDED, AND SAID
ITEM IS HEREBY RECEIVED AND FILED.
SECONDED BY MR. PERLA
ADOPTED
No.64
STANDARDIZE COUNCIL COMMUNICATION FORMS
AS YOU ARE AWARE MY OFFICE IS PURCHASING A LASER/SCANNER FOR THE PRINTING
INDEXING AND ARCHIVING OF THE COMMON COUNCIL PROCEEDINGS. THIS NEW CONCEPT WILL
ALLOW FOR THE IN HOUSE PUBLICATION OF THE MINUTES WHILE HAVING THE FULL JOURNAL
AVAILABLE ON THE LAN SYSTEM. THIS IS A BOLD NEW CONCEPT IN STREAMLINING
GOVERNMENTAL OPERATIONS WHILE SAVING UP TO $100,000 PER YEAR (ONCE THE PAYBACK
IS COMPLETE).
WITH THIS IN MIND, I AM ASKING YOUR BODY TO AUTHORIZE THE USE OF A STANDARD
FORM FOR COMMUNICATIONS TO THE COUNCIL FROM ALL CITY DEPARTMENTS, BOARDS,
AGENCIES AND COMMISSIONS. ATTACHED YOU WILL FIND A DRAFT SAMPLE OF THE PROPOSED
FORMATS. IN ORDER FOR YOUR BODY TO MAKE THIS DETERMINATION, LET ME RELATE THE
REASONS FOR MY REQUEST. FIRST- SINCE ALL DOCUMENTS WILL BE SCANNED AND
CONVERTED INTO A TEXT READABLE BY COMPUTER IT IS IMPERATIVE THAT A STANDARD
TEXT FORMAT BE USED TO ELIMINATE UNNECESSARY CONVERSION AND INCREASE THE SPEED
OF CONVERSION. SECONDLY TO COMPLY WITH ARCHIVE REQUIREMENTS, THESE GOVERNMENT
RECORDS SHOULD BE ON ACID FREE PAPER. THE ONLY WAY TO ACCOMPLISH THIS WOULD BE
TO HAVE THESE FORMS PRINTED SPECIFICALLY FOR USE AS COUNCIL COMMUNICATIONS.
IN ORDER TO MAKE THIS PROGRAM OPERATE EFFICIENTLY I FEEL IT WILL BE NECESSARY
FOR THE COUNCIL TO MANDATE THAT ALL CITY OFFICES USE THE NEW FORMS, MY OFFICE
WILL TAKE WHATEVER STEPS NECESSARY TO PRINT AND DISTRIBUTE THE FORMS TO ALL
DEPARTMENTS.
REFERRED TO THE COMMITTEE ON RULES.
No.65
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
1880 NIAGARA CLEO'S REST. MICHAEL EOANNOU
1461 KENSINGTON CLEVE HILL LIQUOR HUMPHREY DEVELOP.
RECEIVED AND FILED.
No.66
LEAVES OF ABSENCES WITHOUT PAY
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING THE
GRANTING OF LEAVES OF ABSENCES WITHOUT PAY, IN VARIOUS DEPARTMENTS AS LISTED:
COMPTROLLER- MICHAELINE LOMBARDO
PARKS- (RETURN FROM LEAVE) MARK CZAJKOWSKI
COMMUNITY DEVELOPMENT- ROBERT ROESLER
STREET SANITATION-THOMAS CAPPELLANO, JR.
HUMAN RESOURCES-DONALD SHERRY
RECEIVED AND FILED.
No.67
REPORTS OF ATTENDANCE
VARIOUS BOARDS ETC.
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME FROM VARIOUS
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES, REPORTING THE MEMBERSHIP
ATTENDANCE AT THEIR RESPECTIVE MEETINGS:
BUFFALO SEWER AUTHORITY
CITY PLANNING BOARD
CIVIL SERVICE COMMISSION
MUNICIPAL HOUSING AUTHORITY (2)
RECEIVED AND FILED.
No.68.
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I TRANSMIT HEREWITH APPOINTMENTS TO THE POSITION OF COUNCIL INTERN.
MR. FAHEY MOVED APPROVAL OF APPOINTMENTS TO THE POSITION OF COUNCIL INTERN.
ADOPTED.
APPOINTMENT TO BECOME EFFECTIVE DECEMBER 21,1990 COMMON COUNCIL INTERN III
STARTING SALARY $5.00 PER HR., ANDREW G. O' BRIEN
436 POTOMAC
BUFFALO, N.Y. 14213
No.69
NOTICES OF APPOINTMENTS
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING APPOINTMENTS
MADE IN VARIOUS DEPARTMENTS. (MINIMUM, FLAT RATE, HOURLY, ETC.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PARKS
APPOINTMENT TO BECOME EFFECTIVE December 20 1990 IN THE DEPARTMENT OF Parks
Recreation to the position of swimming Pool Attendant Seasonal, STARTING SALARY
$4.28 hr.
Kristin Langdon
311 Downing
Buffalo New York 14220
APPOINTMENT TO BECOME EFFECTIVE December 26,1990
IN THE DEPARTMENT OF Parks Recreation to the position of Rink Attendant,
Seasonal at the STARTING SALARY of $4.33 hr.
Nicole Evans
163 Dearburn
Buffalo, N.Y. 14207
APPOINTMENTS TO BECOME EFFECTIVE December 26,1990
in the Department of Parks Recreation to the position of RINK ATTENDANT
Seasonal, at the starting salary of $4.33 hr.
Perry Scinta
108 Dorchester
Buffalo New York 14213
Michael Velarde
45 Humphrey
Buffalo, N.Y. 14207
Brian Higgins
51 South Ryan
Buffalo, N.Y. 14220
Frank Gojevic
197 Ross Ave.
Buffalo, N.Y. 14207
APPOINTMENTS TO BECOME EFFECTIVE December 26.1990
in the Department of Parks Recreation to the position of REFRIGERATION PLANT
ENGINEER, SEASONAL, at the starting salary of $6.64 hr.
Robert Jenkins
92 Massachusetts
Buffalo New York 14213
Greg Morcio
296 Willett
Buffalo, N.Y.14206
Peter Tabone
336 Breckenridge
Buffalo, N.Y. 14213
Tom Varga
186 Newfield
Buffalo, N.Y. 14207
John Kubala
25 Bridgeman
Buffalo, N.Y. 14207
Gary Matteson
30 Crystal
Buffalo, N.Y. 14220
Walter Burshtynski
126 Bird
Buffalo, N.Y. 14213
Michael Cunningham
49 Stratmore
Buffalo, N.Y. 14220
FROM THE DEPARTMENT OF STREET SANITATION
APPOINTMENT TO BECOME EFFECTIVE January 2. 1991 IN THE DEPARTMENT
OF STREET SANITATION TO THE POSITION OF EQUIPMENT OPERATOR PERMANENT, AT THE
STARTING SALARY OF $19,916
DANIEL J. TATTENBAUM
16 Deer Street
Buffalo, New York 14207
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
APPOINTMENT TO BECOME EFFECTIVE Monday December 31, 1990 IN THE DIVISION OF
Parking Enforcement TO THE POSITION OF TYPIST, PERMANENT, AT THE STARTING
SALARY OF $17,630.
Diane Brown
26 Newton Street
Buffalo, NY 14212
APPOINTMENTS TO BECOME EFFECTIVE Wednesday, January 2, 1991 IN THE DIVISION OF
PARKING ENFORCEMENT TO THE POSITION OF Data Control Clerk, TEMPORARY AT THE
STARTING SALARY OF $19,411.
Kathleen M. Holy
93 Duerstein
Buffalo, NY 14210
FROM THE COMMISSIONER OF HUMAN RESOURCES
APPOINTMENTS TO BECOME EFFECTIVE December 24, 1990, IN THE DEPARTMENT OF Human
Resources Division for Youth
TO THE POSITION OF ATTENDANTS, TEMPORARY, AT THE STARTING SALARY OF $4.00/hr.
Judith Bryson
437 Wohlers
Buffalo, N.Y. 14208
Robert Licata
288 Baynes
Buffalo, N.Y. 14213
Patrick Nicpon
753 Smith
Buffalo, N.Y. 14206
Tony Robinson
24 Castle
Buffalo, N.Y. 14214
Omar Williams
169 Victoria
Buffalo, N.Y. 14214
.
APPOINTMENT TO BECOME EFFECTIVE December 24, 1990 IN THE DEPARTMENT of Human
Resources Division for Youth, TO THE POSITION OF Lifeguard Temporary, at the
STARTlNG SALARY of $4.33/hr
Rodriguez, John D
204 W. Tupper
Buffalo NY 14201
FROM THE DEPARTMENT OF GENERAL SERVICES
APPOINTMENT TO BECOME EFFECTIVE January 7;, 1990 IN THE DEPARTMENT OF GENERAL
SERVICES INVENTORY & STORES
TO THE POSITION OF LABORER II SEASONAL AT THE STARTING SALARY OF $ 6.65/HR.
PAUL E. TARA
22 OLCOTT ST.
BUFFALO, NEW YORK 14220
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.70
BUFFALO BOARD OF REALTORS
INSPECTION OF PROPERTY PRIOR TO TRANSFER
Thank you very much for the opportunity to comment on the above
referenced proposed legislation. While the City of Buffalos problem of an aging
housing stock that is often not well maintained and frequently abandoned is
certainly a serious one. I believe the proposed legislation which seeks to
address the problem has some serious flaws.
My first concern is that requiring an inspection and compliance prior to
allowing any property to transfer would effectively eliminate the "fixer upper
or handyman's special". Unfortunately, today this is the only way many people
can afford to buy their first home.
My second concern is that number of people today are legitimately forced into
selling their home to obtain the equity because they are financially
distressed. Requiring these people to spend money that they don't have in order
to fix up their home prior to being able to sell it and tap their equity seems
to me unfair.
My third concern is that placing this type of restriction only on properties
within the City of Buffalo would have the effect of disadvantaging Buffalo
properties when compared to surrounding cities and suburbs.
I know that Mr. Collins is attempting to alleviate a serious problem for the
City of Buffalo, as has Councilman Franczak with his recently proposed
legislation. Although I am opposed to this most recent solution, I agree that
something must be done to remedy the problem of Buffalo's older decaying
housing stock. If either you or any other members of the Council are interested
in forming a task force to make recommendations to alleviate this problem, I
would be eager to serve.
Again thank you for the opportunity to comment.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 71
DEVELOPMENT DOWNTOWN, INC.
Arena Feasibility Study
I have reviewed the Council Resolution, Item #233, C.C.P. 12/11/90,
regarding the arena feasibility study, and the Buffalo Sabres Communication
dated 12/19/90, in response to the resolution.
Essentially the Buffalo Sabres, at their has agreed to prepare a design and
financial feasibility study for the purpose of "finalizing a recommendation of
the financial plans for acquisition and operation of the new arena". The design
concepts will be done for each of the two sites (Washington Market and
Crossroads).
Development Downtown, Inc. will cooperate with the Sabres consultants in the
data gathering stage to assist in the timely completion of this work. It would
be redundant and duplicative for D.D.I. to pursue parallel studies with
different consultants to arrive at the same end.
Therefore, the Sabres offer to expeditiously move this work ahead should meet
with our approval and encouragement.
REFERRED TO THE TASK FORCE ON AUDITORIUM -STADIUM.
No. 72
DEVELOPMENT DOWNTOWN, INC.
Funding for Aud/Pilot
Field/Rich Stadium
This communication is in response to Item 207, C.C.P. 12/11/90
regarding financing plans for sports facilities. The resolution references the
report by the Committee on Regional Sports Facilities in estimating the
possible costs of building and expanding various sports facilities in Erie
County.
The subject report concludes that the debt service to construct all these
facilities is beyond the financial capability of the City and County. The
single largest investment would be a domed stadium for football estimated to
cost $200 - $250 million. A new arena and parking may cost $90 - $100 million,
and expansion of Pilot Field $44.5million.
In most communities, major sports facility construction is supported to a large
degree by special levies authorized by the State Legislature for a temporary or
permanent period on a regional basis. This is particularly true for
construction of domed stadiums such as the case in Minneapolis or St.
Petersburg, Florida.
The City, County, State, and the Sports Teams normally contribute a share equal
to their financial position at the time decisions are required. Other factors
can become important such as the financial benefits to be generated by the
sports activity, the state of the national economy, the interest rates out in
the financial markets, and the costs of carrying empty facilities in the event
major sports teams leave town.
In the case of the financial plan for the expansion of Pilot Field, the City
share from general obligation bonds is limited to $2.5 million of a $44.5
million project cost. This share was determined by the Mayor to be well below
the level which would affect the City's ability to finance on-going municipal
projects.
In the case of the new arena, the Sabres are now moving to prepare a concrete
financial proposal for review by the City, County, and State.
REFERRED TO THE TASK FORCE ON AUDITORIUM-STADIUM.
No. 73
County of Erie
COUNTY CLERK'S OFFICE
Inspections for Property Transfers
I have reviewed your letter of December 27, 1990, and its attachment,
regarding real estate transfers with Deputy County Clerk- Legal, Mark A.
Adrian.
At this point, we feel compelled to suggest that you seek the advice of the
Corporation Counsel before going further. We are certain that Counsel will
explain that the State Legislature has preempted you in this area of law.
Specifically, Section 291 of the Real Property Law of the State of New York,
enacted in 1909, requires the County Clerk to accept a deed for recording as
long as it is properly acknowledged and tendered with the recording fee.
Additionally, I am of the opinion that the State Constitution does not allow
the City Council to establish legal requirements for the County Clerk.
I am aware that the City of Buffalo has some problems in enforcing its building
codes. However, I am unable to assist their enforcement without State
Legislative action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 74
County of Erie
DEPARTMENT OF ENVIRONMENT AND PLANNING
Identifying Hazardous Waste Sites
This letter is in response to a Common Council Resolution of September
4, 1990 by Councilman Collins in regard to Identifying Hazardous Waste Sites.
As you know, the problems associated with the disposal of hazardous materials
did not occur overnight. In the past, Western New York, particularly Erie and
Niagara Counties, was a state and national leader in industrial development.
Our locational advantages, abundant natural resources, particularly hydropower
from Niagara Falls, and skilled and hardworking labor force, lead to the
founding and major growth of heavy industry almost 100 years ago.
In that time, we have realized the benefits and suffered the sacrifices of the
industrial age. It was the suffering in our area which first caused others to
awaken to the danger of chemical contamination around them, to give voice to
those concerns which in all too many places became fear, and to mobilize into
action. In Western New York, we have not only one of the worst inactive
hazardous waste sites in the country, we also have the unenviable record of
having about 25% of all the state's sites. Erie County, with over 100 sites,
has more sites than any other county in the state. In a very real, direct and
immediate way, our future, health and prosperity is linked to the efforts of
New York State to remediate these sites.
After stating the above, I could not agree with you more, that all efforts
should be made to enlist the considerable knowledge of Buffalo's citizens to
search out all possible hazardous waste sites in the community.
Any new information provided by environmentally conscientious concerned
citizens will be an additional building block upon the findings and
recommendations of the Interagency Task Force on Hazardous Wastes. As you may
remember, the Interagency Task Force was established in August 1978, and
included representatives from the New York State Department of Environmental
Conservation, the New York State Department of Health, and the Region II Office
of the United States Environmental protection Agency. The primary purpose of
the task force was to identify hazardous waste disposal sites in Erie and
Niagara Counties. In April 1979, the task force issued a report which
identified 215 disposal sites in the two counties. The draft report also
included a description of the past hazardous waste disposal activities of
several major manufacturing companies, utilities, waste haulers and the federal
government, general recommendation for the management and control of inactive
sites and specific recommendations for legislation.
On May l, 2, and 3, 1979, the task force held public hearings in Niagara Falls
and Buffalo concerning its draft report and hazardous waste management in
general. This hearing was conducted by professor William R. Ginsberg of the
Hofstra University school of Law. The task force issued professor Ginsberg's
hearing officer's report in October, 1979.
Following the issuance"of its draft report in April 1979, the task force
received additional information concerning hazardous waste disposal sites in
Erie and Niagara Counties. The New York State Inactive Hazardous Waste Sites
report includes all information about disposal sites received by the task
force. No substantially new information was gathered by the task force after
the spring of 1979.
In Erie County a large percentage of the 106 listed inactive hazardous waste
sites have been identified by the Erie County Department of Environment and
planning. Complaints from private individuals are responsible for the listing
of 13% of sites in Erie County (14 sites out of 106 sites including the
Kingsley Park site).
It is my belief that the process now in place is adequate to identify potential
hazardous waste sites. Direct documented citizen's complaints are promptly
investigated by either the Erie County Department of Environment and Planning
or the New York State Department of Environmental Conservation. In addition,
referrals for further investigations are presently being made by local banks
after preliminary environmental assessment of properties where the bank might
have a financial interest. State Environmental Quality Review (SEQR) procedures
of development sites usually require an environmental assessment that
identifies the potential for hazardous wastes contamination. The FBI Pollution
Solution Hotline is a new avenue for receiving waste disposal information.
I urge the Common Council to continue its high profile involvement with the
New York State Inactive Hazardous Waste Sites Remediation Program and when
appropriate to request the proper agencies to investigate any new information
that might lead to a site being included on the Inactive Hazardous Waste Sites
list. The Erie County Department of Environment and Planning will continue to
investigate complaints related to the disposal of hazardous wastes. The
department in close cooperation with the city's Division of planning is
monitoring the state's remediation progress and is developing a local priority
ranking for hazardous waste sites. Further investigation by the DEC of the
disposal practices of companies listed in the Interagency Task Force report but
not included on the Inactive Hazardous Waste Sites listing could be a first
step.
Our experience so far shows that the citizens of the City of Buffalo and Erie
County appreciate the environment in which they live and will come forward with
hazardous waste site information without the need for monetary rewards.
Thank you for the opportunity to comment on the proposed program for
identifying hazardous waste sites.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.75
`The Commission on Quality Education for Buffalo in the 1990's
FINAL REPORT
Please find attached a complete copy of the Final Report of the
full Commission, approved in our meeting last night.
We hope you will have an opportunity to review this complete document which
represents hundreds of hours of work by our body.
In order to release the enclosed information properly, we have scheduled a news
conference for Friday morning, at 9:30 am. In 1417 City Hall. We invite you to
attend at that time, if you wish.
Additionally, we intend to contact your offices to schedule a presentation of
the Commission's findings and recommendations.
We look forward to a discussion of these issues and welcome your questions at
any time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
No. 76
THOMAS YOX, OWNER, PETITION TO USE 1203 PERRY STREET FOR A BILLBOARD SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.77
ROBERT BIGGIE AND OTHERS OPPOSE B.F.I. RECYCLING CENTER-KENMORE AVENUE.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 78.
MEMORANDUM OF AGREEMENT
CITY OF BUFFALO & LOCAL 650
(Item No. 64, C.C.P., Dec. 26, 1990)
That the Memorandum of Agreement with AFSCME, Local 650, authorizing
a longevity payment to Oscar Pennington in the amount of $1,200.00, be, and
hereby is, approved.
PASSED
AYES-12 NOES-0
No. 79
MAINTAINING MINIMUM TEMPERATURE IN CITY BUILDINGS (ECHD)
(ITEM # 82 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 80
APPOINTMENT
HUMAN RESOURCES/CASE MANAGER
THAT COMMUNICATION NO 66 12/11/90 BE RECEIVED AND FILED AND THE
PROVISIONAL APPOINTMENT OF JOSEPH M. MAZZA STATED ABOVE AT THE SALARY
$21,834.00 EFFECTIVE ON DEC 26. 1990 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0
No. 81
NOTICES OF APPOINTMENTS (C. CLERK)
(Item # 76 C.C.P. DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED AND FILED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.82
RESCIND BOND RESOLUTION $125,000 -
MASTEN PUMPING STATION
(Item No. 167, C.C.P., 12/26/90)
That the bond resolution heretofore adopted by this Common Council
on June 13, 1989, Item No. 204 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Heating System
Replacement at the Massachusetts Pumping Station, at the estimated maximum cost
of $125,000 be and hereby is in whole repealed, revoked and rescinded, except
to the extent that any indebtedness shall already have been contracted or
encumbrances made thereunder for the objects or purposes for which such
resolution authorize the issuance of obligations; and
That the repeal, revocation and rescission of said Bond Resolution shall in no
way be construed to invalidate any expenditures made, liabilities incurred,
obligations issued or any action taken pusuant to said Bond Resolution.
PASSED
AYES-12 NOES-0
No. 83
INCREASE IN ELDERLY INCOME LIMIT
REAL PROPERTY TAX EXEMPTION
(Item No. 156, C.C.P., Dec. 26, 1990)
That the New Permissible State Income Limit - Schedule "B" as
contained in the communication from the Commissioner of Assessment dated
November 21, 1990, be adopted for elderly real property tax exemptions for the
December 1, 1990 roll, applicable to fiscal year 1991-92 taxes.
ADOPTED
No.84
PERMISSION TO LEASE AT&T
ELECTRONIC MULTILINE TELEPHONES
(Item No. 31, C.C.P., Dec. 11, 1990)
That the Commissioner of Public Works be, and he hereby is, authorized
to execute a 60-month State and Local Government True Lease with AT&T Credit
Corporation for Electronic Multiline Telephones, at a lease cost of $l,830.55
per month.
PASSED
AYES-12 NOES-0
No.85
PERMISSION TO LEASE AT&T MULTI-LINE
PHONES (CC)
(Item # 45 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.86
PROPOSED LEASE AGREEMENT BETWEEN PARKER
BAY ASSOCIATES AND THE CITY OF BUFFALO
(Item No. 26, C.C.P., Dec. 26, 1990)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to receive and file the above item.
Adopted.
No.87
EAGLE PARKING RAMP - RESULTS OF BIDS
TRADE CONTRACTS 102 THROUGH 108
(Item No. 10, C.C.P., Dec. 26, 1990)
That the Director of Parking be, and he hereby is, authorized
to award the following contracts to the lowest responsible bidders indicated
for the work of Trade Contracts
Nos. 102-108, Eagle Parking Ramp:
Trade Contract
No. 102 and 104 FRANK L. CIMINELLI CONSTR.CO. $ 6,092.650. Trade Contract
No. 103 MODERN MOSAIC LIMITED 577,000.
Trade Contract
No. 105 ALLRIGHT CORPORATION 121.082.
Trade Contract
No. 106 DOVER ELEVATOR COMPANY 208,500.
Trade Contract
No. 107 H & M PLUMBING & HEATING 40,496.
Trade Contract
No. 107(A) JOHN W. DANFORTH 10,400.
Trade Contract
No. 108 WITTBURN ENTERPRISES, INC. 358,000.
$7,408,128
that the Director of Parking be further authorized to accept the provision of
the specifications allowing for the payment for stored materials on MODERN
MOSAIC LIMITED's contract, with the total costs thereof to be charged to Bond
Fund's 415-410-005-00-000 AND 440-410-030-00-000, Parking Enterprise Fund.
PASSED
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- ARTHUR, PITTS-2
No.88
CHANGE IN CONTRACT - DEMOLITION OF THE EAGLE PARKING RAMP
CHANGE ORDER NO. l - CONTRACT NO. 91581700
(Item No. 9, C.C.P., December 26, 1990)
That the Director of Parking be, and he hereby is, authorized
to execute Change Order No. l on Contract No. 91581700, for Demolition of the
Eagle Parking Ramp, to Kimmins Industrial Services Corp., in the amount of
$11,313.00.
PASSED
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- ARTHUR, PITTS-2
No.89
PERMISSION TO PAY MOTOROLA C & E, INC.,
FOR A SECURE RADIO
SYSTEM FOR NARCOTICS BUREAU OF THE POLICE DEPARTMENT
(Item No. 67, C.C.P., December 26, 1990)
That the Comptroller and the Commissioner of General Services
be, and they hereby are, authorized to pay Motorola C & E, Inc., 90% of the
contract price of $123,799 for a secure voice radio system for the Police
Department.
PASSED
AYES-12 NOES-0
No.90
DISPOSE OF ENGINE # 16 AT 1420 MAIN (CC)
(Item # 63 C.C.P. NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.91
DISPOSE OF ENGINE # 16/1420 MAIN (PRESV. BD.)
(Item #18 C.C.P. NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.92
DISPOSE OF ENGINE # 16/1420 MAIN (COMPT)
(Item # 32 C.C.P. NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.93
RESULT OF PRIVATE SALE/380 N. OAK (COMPT)
(Item # 30 C.C.P. SEP 18, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.94
REPORT OF BIDS - INSTALLATION OF PREPURCHASED
PLAY EQUIPMENT AT VARIOUS LOCATIONS
(Item No. 50, C.C.P., Dec. 11, 1990)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for Installation of Prepurchased Play Equipment at Various locations
to Gleason's Nursery, Inc., 4780 Sheridan Drive, Williamsville, the lowest
responsible bidder in the amount of $37,840.00, with said cost to be charged
against the Capital Project Account 200-601-029.
PASSED
AYES-12 NOES-0
No.95
AUTHORIZE EXECUTION OF COMBAT AGREEMENT
(Item No. 55, C.C.P., Dec. 11, 1990)
That the Mayor be, and he hereby is, authorized to execute an
Anti-Drug Abuse Act, Coordinated Omnibus Municipally Based Anti-Drug Teams
(COMBAT) grant agreement between the City of Buffalo and the New York State
Division of Criminal Justice Services.
PASSED
AYES-12 NOES-0
No.96
ENGINEERING INVESTIGATION REPORT/SQUAW ISLAND LANDFILL ( CITY CLERK)
(Item 94 C.C.P. MAY 22, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No.97
PILLSBURY COMPANY, OWNER, PETITION TO USE 250 GANSON STREET FOR A WAREHOUSE
(Item No. 99, C.C.P., 12/26/90)
That after a public hearing held before the Committee on Legislation
on January 2, 1991 the petition of Pillsbury Company to use 250 Ganson Street
for warehouse be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.98
NYSDEC/WAREHOUSE ADDITION/PILLSBURY
(Item # 88 C.C.P. DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.99
ORDINANCE AMENDMENT/CH 216 NOXIOUS ODORS
(Item # 234 C.C.P. DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.100
ORDINANCE AMENDMENT
CHAPTER 361, SECTION 3
PRINTING CONTRACT
(Item No. 165, C.C.P., 12/26/90)
That the above Ordinance Amendment as contained in Item No. 165,
C.C.P., 12/26/90 be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.101
COMPLAINTS/CRASH CLUB/26 VIRGINIA PLACE (ICR)
(Item # 62 C.C.P. DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.102
R. SCHRADER/COMPLAINTS/
PROPERTY 866 PROSPECT
(Item # 111 C.C.P. DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.103
COMPLAlNTS/866 PROSPECT (CC)
(item # 46 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.104
APPOINTMENT MEMBER OF ASSESSMENT
REVIEW BOARD
(Item No. 20, C.C.P., 12/26/90)
That the communication from the Council President dated December
20, 1990 be received and filed; and
That Dennis M. Dargavel of 58 Brost Drive, Buffalo, New York be and
hereby is appointed to the Board of Assessment Review, to fill the balance of a
term to expire on September 30, 1992.
ADOPTED
ECONOMIC DEVELOPMENT
HON CLIFFORD BELL
CHAIRMAN
No.105
HEARING- OAK STREET REDEVELOPMENT U. R. PLAN AMENDMENT
(ITEM NO. 68, C.C.P. DECEMBER 11,
1990)
THAT THE ABOVE ITEM BE ID HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION.
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE COMMON COUNCIL AT
ITS REGULARLY SCHEDULED MEETING ON JANUARY 8, 1991, AT 2:00 P.M., ID THAT
NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEWS, AND A COPY OF
SAME IS ATTACHED HERETO.
ON MOTION BY MR. FAHEY SECONDED BY MR. PITTS THE ITEM IS PROPERLY BEFORE THE
C0MMON COUNCIL AND THE HEARING BE OPENED.
APPEARANCES FOR -DAVID SENGBUSH, DEPARTMENT OF COMMUNITY DEVELOPMENT.
MR. FAHEY MOVED THAT THE HEARING BE CLOSED. CARRIED.
WHEREAS, the Common Council of the City of Buffalo has approved the Oak
Street Redevelopment Project Urban Renewal Plan at its May 5, 1970 :meeting
(C.C.P., No. 170), and subsequently amended; and
WHEREAS, the Department of Community Development has proposed an
amendment of parcel 2i which would allow construction for 100 dwelling units
for residential use in place of the open space/recreation designation presently
in place; and
WHEREAS, parcel 2i comprising approximately 65,999 sq. ft. will allow for
the orderly development of additional residential units including low income
and provide for 75 off-street parking spaces; and
WHEREAS, the City Planning Board, after a required public hearing held
November 7, 1990, did consider said plan amendment and did submit its report
and recommendations respecting said amendment to the Common Council;
Now, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO THAT:
1. The Urban Renewal Plan Amendment for the Oak Street Redevelopment Project
as prepared by the Department of Community Development and approved by the City
Planning Board be and the same is hereby approved;
2. The area as approved in said amendment is generally described as follows:
BEGINNING at the northwest corner of E. North Street and Michigan Avenue,
thence westerly 314.04 feet along the northern right-of-way line of E. North
Street; thence northerly 212.31 feet along a line parallel to Michigan Avenue
to a point; thence easterly along the north line of disposition parcel 2i
314.04 feet to a point in the Michigan right-of-way line; thence southerly
212.31 feet (excluding the substation) to the place or point of beginning;
3. The urban renewal plan amendment as herein approved has been duly
reviewed and conforms: to the comprehensive plan for the development of the
municipality and the community as a whole and is hereby approved;
4. The Mayor is hereby authorized to execute any and all deeds or other
documents necessary to convey lands in the Oak Street Redevelopment Project
area in the City of Buffalo ad/or other documents as approved by the
Corporation Counsel.
5. As a condition of this approval, the Redeveloper will file the final
design and site plan with the Common Council for approval.
PASSED
AYES-12 NOES-0
No. 106
BUFFALO URBAN RENEWAL AGENCY - OAK STREET
REDEVELOPMENT PROJECT PLAN AMENDMENT
(Item No. 69, C.C.P., 12/11/90)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the communication from the Commissioner of Community Development, dated
December 4, 1990 be received and filed; and
That Item No. 69, C.C.P., December 11, 1990 "Buffalo Urban Renewal Agency- Oak
Street Redevelopment Project Plan Amendment" is an unlisted action as defined
in 6 NYCRR Part 617.2. The Common Council has approval power over this item,
and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the EAF,
the Common Council adopts the findings set forth in Part II and, as a result,
finds that this proposed action will not result in any significant adverse
environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No. 107
BUFFALO URBAN RENEWAL AGENCY - OAK STREET
REDEVELOPMENT PROJECT PLAN AMENDMENT
(Item No. 10, C.C.P., 12/11/90)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be and the same hereby is receivedand filed.
ADOPTED
No. 108
HIGH ST. PLAN GROUP REQUESTS COUNCIL REPRESENTATIVE
(Item # 106 C.C.P. MAY 22, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 109
CONVEYANCE OF TITLE/25 HIGH ST. (CC) (151 4/4)
(ITEM # 151 C.C.P. JUN 19, 1989)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS,LOTEMPIO, PERLA, RUTECKI
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 110
CONVEY TITLE/25 HIGH (BURA)(#127 4/l8)
(Item # 152 C.C.P. JUN 19, 1989)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI - 8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 111
CONVEY TITLE/25 HIGH (CC) (#48 4/18)
(Item # 153 C.C.P. JUN 19, 1989)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI - 8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4
No. 112
STALEMATE LANGSTON-HUGHES TITLE (CD)
(Item # 59 C.C.P. JUN 5, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA
NOES- ARTHUR, COLLINS, COPPOLA, PITTS
No. 113
STALEMATE LANGSTON-HUGHES TITLE (CD)
(Item # 83 &C.C.P. JUN 19, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK , HIGGINS, LOTEMPIO, PERLA, RUTECKI - 8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS - 4
No. 114
PROPOSAL TO SETTLE STALEMATE- 25 HIGH
(Item # 109 C.C.P. JUN 19, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO , PERLA, RUTECKI-8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 115
AVAILABLE BOND FUNDS/KING CULTURAL CENTER (CD)
(ITEM # 47 C.C.P. DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 116
COUNCIL OPPOSITION TO BFI
RECYCLING FACILITY
(Item No. 184, C.C.P., 12/26/90)
That the above item be and the same hereby is returned
to the Common Council without recommendation.
Mr. Rutecki moved:
That this Common Council does hereby oppose the permit for the BFI Recycling
Plant based on the negative impact of traffic and the potential for odor, noise
and rodents which will affect residents of the City of Buffalo; and
That the Corporation Counsel and the Environmental Management Commission be
authorized and requested to take appropriate action to force the Department of
Environmental Conservation to withhold a permit as provided by the State
Environmental Quality Review Act; and
That this Common Council does hereby endorse legal action being taken by
Buffalo Citizens for Responsible Recycling in an attempt to stop the permit
process; and
That copies of this resolution be forwarded to John Spagnoli, Regional Director
of the New York State Department of Environmental Conservation and Steve
Dolesky, Regional Permit Administrator of N.Y.S.D.E.C.
ADOPTED
No. 117
REQUEST REPORT ADMIRALS WALK PROJECT
(Item # 218 C.C.P. NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 118
ADMIRAL'S WALK-REPORT ON PROJECT
(Item # 76 C.C.P. DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 119
ADMIRALS WALK-REPORT ON PROJECT
(Item # 96 C.C.P. DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
PARKS OVERSIGHT COMMITTEE
HON. ROSE MARIE LOTEMPIO
CHAIRMAN
No. 120
M. HASTREITER- LOVEJOY DISTRICT REPRESENTATIVE FOR COMM.
(Item # 106 C.C.P. APR 10, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.121
A. COPPOLA- COMPLAINTS ON CONDITIONS DELAWARE PARK
(Item # 102 C.C.P. APR 10, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.122
LIGHTING FOR THE STATUE OF DAVID
IN DELAWARE PARK
(Resolution No. 1751 C.C.P., Hay 8, 1990)
That the statue of David stands on a hill facing The Scajaquada
Expressway and over the years the statue has been soiled causing the Parks
Department to clean the statue and its base on numerous occasions; it is
recommended that aesthetic lighting for the statue be adopted.
ADOPTED
No.123
LIGHTING/STATUE OF DAVID (PARKS)
(Item # 65 C.C.P. SEP 18, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.124
LIGHTING STATUE OF DAVID (PW)
(Item # 48 C.C.P. NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
RESOLUTIONS
No.125
BY:MR. ARTHUR
COUNCILMEMBER BELL EXCUSED FROM MEETING
NOW,BE, BE IT RESOLVED:
That Councilmember Clifford Bell be and hereby is excused from attendance at
the Common Council meeting of January 8, 1991 because he will be out of town
conducting Economic Development business.
ADOPTED
No.126
BY Mr. Arthur
INVESTIGATE FIRST NIGHT CELEBRATION CRIME AND VIOLENCE REPORTS
WHEREAS: "Buffalo's First Night Celebration turned into a nightmare
of crime and violence" is a direct quote from Newspaper accounts of the events
that occurred at the conclusion of the First Night's Main Street Festivities.
And
WHEREAS: This Common Council deplores the attacks and assaults on innocent
bystanders by what has been described as a pack of violent teenagers and
WHEREAS: Part of our responsibility as legislators is not to react to
newspaper stories, but would be to obtain the facts in this case prior to
taking further action and assure the organizers of "First Night Buffalo" that
we are concerned and prepared to protect each of their celebrants whether it be
one or 20,000.
Now, therefore, be it resolved that this Common Council will schedule a public
hearing to ascertain all of the facts on what occurred on January 1, 1991 and
that prior to holding the public hearing, we request that the Buffalo Police
file with this council a full report on the incidences of January 1, 1991
including availability of manpower on that night, deployment of manpower on
that night and any other information which would have a bearing on this
incident. Similarly we will request reports from other police organizations,
The Erie County Sheriff's Department, NFTA Police Unit and any private security
that might have been employed on that evening that could be pertinent to this
case.
And be it finally resolved, that we request any report or information from the
New York State Human Rights Department's Local Crisis Prevention Unit that it
may have on this or similar incidences.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, ERIE
COUNTY SHERIFF, THE NFTA POLICE, FIRST NIGHT COMMITTEE AND THE NEW YORK STATE
HUMAN RIGHTS DEPARTMENT.
No.127
BY: Mr. Arthur
PREPARE CHALLENGE TO CENSUS FIGURES
WHEREAS: 1990 Census figures reflect a general loss of population
for Buffalo and Western New York; and
WHEREAS: The potential effects of the population loss, as depicted by the
census, are wide ranging and include issues of apportionment, congressional
representation, and federal population - keyed funding for social, education
and health programs; and
WHEREAS: Any reductions in aid or representation would be extremely detrimental
to Buffalo, as the cost of maintaining services continues to escalate; and
WHEREAS: The Governor of New York State, as well as other public officials,
have expressed the opinion that the population count of New York State has been
underestimated. In fact, adjustments to preliminary numbers released in August
indicate an increase in state population of approximately 500,000 people; and
WHEREAS:Challenges to the census figures resulted in the Buffalo census office
remaining open and operational beyond the national norm for local census
offices; and
WHEREAS: Census officials have stated that spot checks to arrive at actual
numbers will continue until July 1991; and
WHEREAS: Buffalo and Western New York cannot afford to lose representation or
funding as a result of inaccurate census numbers and it would be prudent to
prepare an appropriate challenge to census numbers which adversely affect the
City of Buffalo.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests the Corporation Counsel to prepare the
necessary documentation in order to file suit to challenge the census figures
if those numbers are felt to reflect an inadequate population for the City of
Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS-11
NOES-RUTECKI-1
No.128
Mr. Arthur
Appointment of special committee Negotiate Erie Basin Marina Lease
The following are hereby appointed to serve on the Special Committee-Negiotiate
Erie Basin Marina Lease:
Hon. David P. Rutecki, Chairman
Hon. James W. Pitts
Hon. Carl A. PerIa
Commissioner of Public Works-David P. Comerford or his designee.
Comptroller-Joel A. Giambra or his designee.
President of the Slip renters Association-Ronald Romanowicz or his designee.
Mr. Romanowicz will participate in developing the range of terms for lease
negotiations but will not participate in the actual negotiations of the lease.
ADOPTED.
No.129
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- EXEMPT ITEMS
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate of the Mayor
and the Comptroller submitted to the Common Council, the sum of $6,900 be and
the same is hereby transferred from various accounts in Appropriation
Allotments -Exempt Items and said sum is hereby reappropriated as set forth
below:
FROM :
100 General Fund
81-9- Exempt Items
842- Reserve for
Capital Improvements $6,900
TO :
81-8- Interfund Transfers
010- Transfer to
Capital Projects Fund $6,900
FROM :
81-8- Interfund Transfers
010- Transfer to
Capital Projects Fund $6,900
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
051 - Reconstruction of Kensington and
Niagara Branch Libraries $6,900
PASSED
AYES-12 NOES-0
No.130
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$60,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments, and said sum is hereby
reappropriated as set forth below:
FROM
100 General Fund
50-0- Department of Human Resources
003 - Demonstration Projects
Purchase of Services
583 - Unclassified $60,000
TO:
100 -General Fund
81-2- Miscellaneous Charges
826- Reserve for
State Revenue Shortfall $60.000
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.131
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$100,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum is hereby
reappropriated as set forth below:
FROM:
100 General Fund
21-0- Department of Fire
011 -Firefighting Services
Personal Services
110- Salaries - Regular $ 50,000
013 -Fire Boat Services
Personal Services
110- Salaries - Regular $ 50,000
Total $100,000
To:
100 General Fund
81-2- Miscellaneous Charges
826- Reserve for
State Revenue Shortfall $100.000
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.132
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- VARIOUS DEPARTMENTS
MISCELLANEOUS CHARGES
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$145,000 be and the same is hereby transferred from various accounts in
Appropriation AIlotments Various Departments and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
O1-0-Common Council - Legislative
001- Legislative
Purchase of Services
580 -Non-Professional -Services $101,000
02-0 - President of the Common Council - Legislative
001 - Legislative
Purchase of Services
580 -Non-Professional
Personal Services $44,000
Total $145,000
To:
100 General Fund
81-2 -Miscellaneous Charges
826 Reserve for State Revenue Shortfall $145,000
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.133
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
That, pursuant to section 42 of the Charger and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$180,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Department and said sum is reappropriated as
set forth below:
From:
100 General Fund
70-0- Department of Street Sanitation
032 - Servicing Automotive Equipment
Purchase of Services
501-Automotive-BodyRepair $180,000
To:
100 General Fund
81-2- Miscellaneous Charges
826- Reserve for
State Revenue Shortfall $180.000
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 134
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS
MISCELLANEOUS CHARGES
T
hat, Pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$300,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Miscellaneous Charges and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
81-2 - Miscellaneous Charges
805 Buffalo Municipal
Housing Authority, Deficit $300.000
To:
100 General Fund
81-2- Miscellaneous Charges
826- Reserve for
State Revenue Shortfall $300.000
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 135
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$430,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
40-1 - Division of Engineering
014 -Construction of Streets
Purchase of Services
561 - Road & Highway Repairs $230,000
015 - Repair & Construction of Other Public
-Improvements Materials and Supplies
461 - Road & Highway Materials $200,000
Total $430,000
To:
100 - General Fund
81-2- Miscellaneous Charges
826- Reserve for State Revenue Shortfall $430.000
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.136
By MR.. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- GRANTS-IN-AID
FRINGE BENEFITS
That, pursuant to section 42 of the Charter and the certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$591,951 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Grants-In-Aid and said sum is hereby reappropriated
as set forth below:
FROM :
100 General Fund
81-1Grants-in-Aid - Cultural
604 Allentown Community Center 5,960
606 Bflo & Erie Cnty Historical Soc 3,500
607 Bflo Philharmonic Orchestra 40,400
609 Alleyway Theatre 8,800
610 Dr. Lord's Library 100
611 Kleinhans Music Hall 12,400
616 Arts Council In Buffalo &
Erie County 3,200
619 WNY Institute for the Arts
in Education 1,300
621 Bflo Society of
Natural Sciences Tifft Farm, In 11,950
625 Burchfleid Art Center 3,600
626 Dept of Theatre & Dance
SUNY 4,500
627 Buffalo Inner City Ballet
Company Training School) 11,774
629 Chopin Singing Society 1,700
630 Theatre of Youth Company, 9,400
631 Studio Arena Theatre 37,400
632 Shea's O'Connell
Preservation Guild Ltd. 24,000
633 C.E.P.A. 1,800
634 Hallwalls Gallery, Inc. 7,200
635 The Empire State Ballet
of W.N.Y. 4,200
637 Buffalo & Erie County
Naval & Servicemen's Park 2,000
638 Eastside Coalition of Arts, Inc. 400
840 Buffalo Ballet Theatre 3,986
645 GBAC 1993 World
University Games 5,000
646 Langston Hughes Institute 5,008
649 Albright-Knox Art Gallery 7,740
650 The Amherst
Saxophone Society 2,800
652 Buffalo Philharmonic
Emergency Funding 12,000
654 Mollyolga Art Classes 3,300
657 U]ima Theatre Company 8,200
666 Buffalo Ensemble Theatre, 2,000
672 Junior League of Bflo, Inc. 3,600
687 African-American
Cultural Center 12,000
690 El Museo Francisco
Oller Y Diego 1,000
695 Squeaky Wheel 1,220
71 Buffalo Friends of
Olmsted Parks 1,120
72 Greater Buffalo
Opera Company 5,000
721 Lower Lakes Marine
Historical Society 1,820
727 Kavinoky Theatre -
D'Youville 1,400
729 Niagara Frontier Folk
Art Council 1,000
731 Adam Mickiewicz Library
& Dramatic Circle 600
746 Buffalo Society of Artists 500
750 Artists' Gallery 360
752 Gardner's Pick of the Crop, Inc. 1,400
754 Just Buffalo Literary Center, Inc.1,800
783 ORS Arts Foundation 700
797 East Side Historical Assoc. 200
GRANTS-IN-AID CULTURAL $279,340
81-1Grants-in-Aid - Human Services
603 Community Action
Org Erie County 24,408
605 Boys & Girls Clubs
of Buffalo
4,000
612 Legal Aid Bureau of Buffalo 14,400
613 Erie Cnty Council
of Senior Citizen Clubs of Bflo 2,400
614 Greater Buffalo Development
Foundation 200
615 Silver Wheels Football, Inc. 900
616 Legal Services for the Elderly,
Disabled 6,500
622 Housing Assistance Cente
of Niagara Frontie r44,000
623 American Legion
Erie County Cm 1,350
624 People, Services to Dev
Disabled School 64) 5,500
628 Neighborhood Legal Services 15,300
636 Masten Neighborhood
Human Service Cor p 3,240
642 Be-A-Friend Program 12,600
651 Community Food Cente
of W.N.Y. 6,000
653 Buffalo Teen Alternative
Prevention Program 1,400
659 William Emslie YMCA
Senior Citizens Center 10,720
661Ellicott Human Services
Assoc. Inc (Escort) 2,700
662 Fire Survival Center 8,000
685 Neighborhood Information
Center Inc 3,060
668 Wellness Institute
of Greater Bflo (B-WeII ) 478
670 W.N.Y. United Against
Drug & Alcohol Abuse 4,000
671 Niagara Frontier Radio
Reading Service 3,600
673 National Inner City Youth 4,500
674 Advisory Board for Lovejoy
Elderly and Youth Inc 5,200
675 Meals on Wheels 5,500
677 Friends of the Elderly Program 3,600
678 Humboldt YMCA 4,200
679 Buffalo Federation
of Neighborhood Centers, Inc 2,160
680 Boy Scouts of America 2,000
682 Polish Community Center
of Buffalo, Inc.
1,700
697 Literacy Volunteers/
Bflo & Erie County, Inc. 2,800
699 Girl Scout Council of
Bflo & Erie County
2,000
707 Salvation Army -
Hispanic Outreach 1,800
708 Bailey Delavan Community
Services 5,200
709 East Buffalo Planning &
Development Council 5,200
713 Valley Community Association 5,200
716 Seneca Babcock
Community Association 5,200
718 Allentown Community
Center (Senior Program) 600
719 Los Tainos Senior Citizens Center
(Bflo Urban League 6,240
722 International Institute
of Buffalo, Inc. 2,000
725 Niagara Frontier
Vocational Rehabilitation Center, Inc. 5,040
728 Old First Ward
Community Association 400
736 West Side Community Services 1,400
737 Ken-Bailey Community Center ,400
740 Benedict House of WNY 720
743 Effective Parenting
Information for Children 855
745 South Buffalo Community
Association
4,800
751 HelpIng Hands of Greater Buffalo 2,000
753 Bflo-WNY Council for
International Visitors
300
756 1490 Enterprises, Inc. 4,200
757 Franciscan Center 8,000
761 South Buffalo Community Table 1,200
763 Northland/Kelly Gardens
Preservation Corporation 3,240
765 Buffalo Irish Center 700
766 Walden/Bailey Community Center 420
767 East Buffalo Community Ownership 200
769 Hispanics United of Buffalo 9,000
771 Club 400 Sr. Citizens Program, Inc. 440
773 Commodore Perry Programs, Inc. 3,900
774 Augustin `Pucho' Olivencia Community Center 1,500
775 Varick Metro Golden Rule Sr. Citizens, Inc. 440
777 Buffalo Hearing & Speech Center, Inc. 3,000
779 Northwest Buffalo Community Health Care Center 3,000
780 Parents Anonymous of Buffalo & Erie County, Inc. 3,500
782 C.R.U.C.I.A.L. 2,800
784 Rhode Island St. Food Center 500
785 St. Augustine's Center, Inc.
/Ujima House Program 2,900
790 Child Care Coalition of the
Niagara Frontier, Inc. 1,800
791 Broadway Area Business Assoc. 1,000
795 West Side Play Area
Youth Services, Inc. 700
798 Fillmore-Leroy Area
Residents, Inc. (FLARE) 400
799 Concerned Ecumenical Ministry-
Upper West Side 2,000
GRANTS IN-AID HUMAN SERV. $312,611
TOTAL $591,951
TO:
100 General Fund
81-3- Fringe Benefits
151- NYS Police & Fire
Retirement System $591,951
RECEIVED AND FILED
No. 137
By Mr. Collins
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS - UNRESERVED FUND BALANCE
MISCELLANEOUS CHARGES
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Miscellaneous Charges be and the same hereby is increased in the
sum of $1,831,058.
That, the Comptroller be and hereby is authorized and directed to transfer
the sum of $1,831,058 from 100-890-060 -Unreserved Fund Balance to meet this
increased appropriation as set forth below:
TO:
100 General Fund
81-2- Miscellaneous Charges
835- Contributions to
New York State $1,831,058
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 138
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - VARIOUS DEPARTMENTS
FRINGE BENEFITS
That, pursuant to section 42 of the Charter and the Certificate of the Mayor
and the Comptroller submitted to the Common Council, the sum of $2,469,664 be
and the same is hereby transferred from various accounts in Appropriation
Allotments - Various Departments and said sum is hereby reappropriated as set
forth below:
FROM;
100 General Fund
Account 119 Salary Adjustment
Dept./Div Funct Object Title
Amount
010 001 119 Councilmember
14,210
010 002 119 Councilmember
1,808
010 003 119 Councilmember
1,679
010 004 119 Councilmember
1,728
010 005 119 Councilmember
1,679
010 006 119 Councilmember
1,708
010 007 119 Councilmember
1,708
010 008 119 Councilmember
1,708
010 009 119 Councilmember
1,708
010 010 119 Councilmember
1,659
010 011 119 Councilmember
1,708
010 012 119 Councilmember
1,708
010 013 119 Councilmember
1,708
011 001 119 City Clerk
9,173
020 001 119 President
3,050
030 001 119 Executive
5,465
031 001 119 Vital Statistics
2,061
034 021 119 Zoning Board
1,513
035 011 119 Senior Citizens
10,012
040 001 119 Comptroller
3,857
040 002 119 Data Processing
26,716
041 001 119 Audit
20,288
042 001 119 Accounting
14,754
043 001 119 Real Estate
5,169
050 001 119 Civil Service
9,381
060 001 119 Admin & Finance 1,511
061 001 119 Budget
6,041
061 001 119 FCA
2,781
063 001 119 Labor Relations
2,923
064 013 119 Parking Enforcement
10,607
064 022 119 Parking Violations Bureau 11,832
064 031 119 Towing & Storage
6,706
650 011 119 Treasury
7,383
080 001 119 Law
26,701
090 001 119 Assessment
27,955
100 001 119 General Services
3,876
101 001 119 Purchase
4,546
104 001 119 Inventory & Stores
22,376
200 011 119 Detective Force
135,207
200 012 119 Precinct & Patrol
615,495
200 013 119 Traffic Control
59,838
200 021 119 Administrative Services 15,755
200 022 119 Communications Services 26,097
200 023 119 Instructional Services
1,694
200 024 119 Central Services
679
200 031 119 Hq & Station House Maint. 6,304
200 032 119 Servicing Automotive Equip. 8,022
210 011 119 Fire Fighting Services
611,661
210 012 119 Fire Prevention Services
7,747
210 013 119 Fire Boat Service
11,831
210 021 119 Administrative Services
8,525
210 022 119 Fire Defense & Training
3,013
210 023 119 Fire Alarm Telegraph System 19,462
210 031 119 Hg & Station House Maint.
2,107
210 032 119 Servicing Automotive Equip. 5,115
240 021 119 Administrative Services
3,640
241 011 119 Inspection & Enforcement
60,909
242 021 119 Community Revitalization
13,509
400 021 119 D.P.W. Admin. Services
2,390
401 012 119 Lighting of Streets
2,411
401 014 119 Construction of Streets
16,674
401 015 119 Repair / Const- Public Improv 24,775
401 016 119 Design / Planning - City Streets
8,499
401 021 119 Administrative Services
13,455
401 023 119 Traffic Engineering Services
20,488
402 011 119 Insp - Non Public Plans/ Structures 7,330
402 013 119
Licenses 6,938
402 021 119 Administrative Services 3,419
402 022 119 Planning/ Design -Public Bldgs. 7,845
402 031 119 O & M of Public Buildings
88,937
500 001 119 Human Resources Executive 2,558
500 002 119 Administrative Services
4,133
500 003 119 Demonstration Projects
3,171
500 004 119 Advocacy Office for Handicapped 1,429
500 152 119 Veterans Helping Veterans
1,416
504 011 119 YDA DACC Narcotic Control Prg 15,705
504 012 119 BMHA/HUD Substance Abuse Prg 5,877
504 013 119 NYS DSAS Aides Program
2,665
505 021 119 Employment & Training
5,599
506 011 119 NYS Youth Commission Program 9,152
507 001 119 Urban Affairs
4,122
600 021 119 Parks Administrative Services 3,620
601 011 119 Parks, Golf Courses & Gardens 33,310
601 012 119 Care & Replacement of Trees 4,476
601 021 119 Administrative Services
1,005
601 032 119 Servicing AutomotiveEquipt
4,397
602 011 119 Recreational Facilities & Activities25,710
602 012 119 NYS Youth Commission Program 4,516
602 021 119 Administrative Services
1,102
700 011 119 Collection - Ashes, Garbage/ Refuse114,664
700 012 119 -Vermin & Animal Control
8,022
700 013 119 Cleaning of Streets & Snow Removal 63,884
700 021 119 Administrative Services
3,902
700 022 119 Radio Control
2,346
700 031 119 Mechanical Service
1,811
700 032 119 Servicing Automotive Equipment 22,562
710 001 119 Community Development Executive 5,965
711 001 119 Planning
8,072
717 021 119 Development
3,306
TOTAL $
2,469,664
TO:
100 General Fund
81-3 - Fringe Benefits
151 - NYS Police & Fire
Retirement System` $2,469,664
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.139
By Mr.Franczyk
BROADWAY MARKET MANAGEMENT CORPORATION REQUEST FOR LEASE AMENDMENT TO ALLOW
SUBLEASES TO EXTEND BEYOND LEASE AGREEMENT PERIOD (ITEM 70, C.C.P., 12/26/90)
Whereas: The Broadway Market Management Corporation has requested
that the city of Buffalo allow it to sublease space to tenants beyond the
restrictions in the current lease for the Broadway Market between the
Corporation and the City; and
Whereas: The proposed amendment to the lease between the Corporation and the
City is contained in Exhibit "a" attached to this resolution;
Now Therefore Be It Resolved:
That the proposed amendment to the lease between the City of Buffalo and the
Broadway Market Management Corporation be amended as reflected in the
underlined material in Exhibit A attached to this resolution;
Be It Further Resolved:
That the Mayor be authorized to execute said lease amendment with the Broadway
Market Management Corporation on behalf of the City of Buffalo.
That the LEASE AGREEMENT between THE CITY OF BUFFALO and THE BROADWAY MARKET
MANAGEMENT CORPORATION, dated October 2, 1984, be, and hereby is, amended by
inserting in Section 5 thereof a new paragraph, to read as follows:
5. OPERATION
During the term of this lease, the Corporation shall cause the premises to be
operated by sub-lessees as a retail market for food and food-market related
services. The Corporation shall be responsible to oversee the performance of
any and all tasks necessary for such operation, including, but not limited to
all maintenance and repairs, subleasing, merchandising, security and marketing.
The Corporation shall comply with all federal, state and local laws,
ordinances, rules and regulations, including those against discrimination,
existing or adopted in the future which may at any time be applicable to the
Corporation's operations or those of its agents, licensees, franchisees,
sub-lessees and concessionaires. The Corporation shall obtain, or require any
sub-lessee or user of the premises to obtain all necessary permits, franchises,
approvals, licenses and certificates necessary for the conduct of the Broadway
Market.
The City, at its expense, will make, or cause to be made:
(a) repairs to any sprinkler system or heating, ventilation or air conditioning
system serving the Premises if and to the extent installed by the City; and
(b) structural repairs to exterior walls, structural columns and structural
floors which collectively enclose the Premises, (excluding, however, all doors,
door frames, store front, windows and glass) and the roof over the Premises;
provided the Corporation shall give the City notice of the necessity of such
repairs and provided that necessity for such repairs shall not arise from nor
shall be caused by the negligence or willful acts of the Corporation, its
agents, sub-lessees, concessionaires officers, employees, licensees, invitees,
or contractors. All repairs to the Premises or any installations, equipment or
facilities therein, other than those repairs required to be made by the City
shall be made by the Corporation at its own expense.
The expenses incurred, whether for management, maintenance or operation, and
the number of persons employed, shall be no more than necessary for efficient
operation. At the request of the Comptroller of the City, the Corporation shall
be required to file a report showing detailed expenses of operation and the
occupation and earnings of each employee during the fiscal year; and such
report shall be reviewable by the Comptroller. If, in the opinion of the
Comptroller, any of the expenses and/or wage and salary payments made are
excessive or unreasonable, in the light of the stated objectives, the
Comptroller will give notice of such findings to the Corporation and the
Corporation shall be given a period of thirty (30) days to justify the expenses
criticized. In the event that the Corporation fails to satisfy the Comptroller
as the propriety of any expenses, the reasonableness of such expenses, shall be
submitted to arbitration in the manner hereinafter defined, and should the
arbitration determine that the criticized expense is excessive or unreasonable,
the Corporation shall be instructed to eliminate excessive or unreasonable
expenses in its future operation of the Broadway Market. Failure of the
Corporation to eliminate excessive or unreasonable expenses shall be considered
a default of this lease. Arbitration, if any, shall be before one disinterested
arbitrator if one can be agreed upon, otherwise before three disinterested
arbitrator, one named by the City, one by the Corporation, and one by the two
thus chosen.
All subleases entered into by the Corporation shall be in writing, for a
definite term, and shall include but not be limited to shared
common-area/maintenance, advertising and promotion fees, insurance premiums,
and utility cost repayments. No sublease shall contain any option to renew.
Subleases may, however, extend for a period beyond the term of this lease, but
in no event shall any sublease extend for a period longer than three (3) years
beyond the term of this lease or any extensions or renewals thereof.
Provided, however, that in the case of any sublease for 5,000 square feet or
more, said sublease may be for a five year term with two five year options to
renew, with one of the renewal options to be at market rates. The City hereby
covenants not to disturb the quiet enjoyment of any sublessee granted a
sublease pursuant to this paragraph, notwithstanding the expiration date of
this lease, and notwithstanding any contrary or inconsistent provision of this
lease agreement.
All such subleases shall provide for automatic membership in a tenants
association. The tenants association shall elect directors of the Corporation
in the manner provided in the Corporation's by-laws.
The Corporation shall hold regularly scheduled joint meetings with the tenants
association. The Corporation shall submit to the tenants association for
approval proposed expenditures for advertising and promotion, and said
expenditures shall not be made without such approval.
During the term of this lease, the Corporation shall strive to achieve the
following goals: to provide the Buffalo community and region with good food
value and food market related services; to optimize investment and job
opportunities in the community, especially for a small entrepreneur; to
maintain and enhance a unique cultural asset of the City of Buffalo; and to
operate self-sufficiently without the need for public operating subsidy.
On or about April first of each fiscal year during the term of this lease, a
representative from the Corporation shall make a report to the Common Council,
which report shall describe the efforts of the Corporation in achieving the
above described goals, as well as the success thereof, and said representative
shall appear before the
Council or the Finance Committee.
The Corporation shall make regular market studies so that its management may
make informed management decisions.
PASSED
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- ARTHUR, PITTS-2
No.140
By MR.. FRANCZYK AND ARTHUR
TRANSFER OF POLICE SPECIAL TASK FORCE
WHEREAS: F.B.I. statistics reveal that the greatest explosion
in violent crime in the City of Buffalo occurred in Police Precincts number 12
on Genesee Street and number 8 on Fillmore Avenue, both serving the East Side;
and,
WHEREAS: The rise in violent crime in those precincts far surpasses the
increase in any other precinct in the city; and,
WHEREAS: Police and law enforcement officials attribute the increase in
assaults and burglary in East Buffalo to the growing traffic of illegal
narcotics; and,
WHEREAS: In response to the violence stemming from the drug trade a Special
PoliceTask Force was assigned to East Side neighborhoods; and,
WHEREAS: Police Commissioner Ralph Degenhart recently announced that he will
re-assign the Special Task Force members to general city patrol duty, yet he
will continue the existence of the so-called Maryland Unit, set up to combat
the drug problem on the West Side; and,
WHEREAS: East Side residents, block club leaders and members have made it loud
and clear that their quality of life has been severely threatened by violent
crime and at a recent community crime meeting over one-half of the over
two-hundred people attending indicated by a show of hands that they were
victims of muggings or burglaries; and,
WHEREAS: It makes little sense to assign a permanent anti-drug unit on the West
Side, yet neglect doing the same for the East Side where violent and drug crime
occurs in much greater numbers; now,
THEREFORE BE IT RESOLVED:
That this Common Council expresses its support for a permanent anti- drug and
violent crime task force be assigned to East Buffalo precincts, primarily
precincts number 12 and 8;
BE IT FURTHER RESOLVED:
That Police Commissioner Degenhart report to the Council about his plans to
combat East Side crime, including:
*His willingness to assign a more permanent special East Side anti-crime,
anti-drug task force, as he indicated he may;
*The establishment of a Community Policing or foot patrol pilot program on the
East Side, which he and the Mayor agreed to;
*The success or lack of success of the currently assigned East Side Special
Task Force.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No.141
BY MR. PERLA
APPOINTMENT OF LEGISLATIVE ASSISTANT
RESOLVED: That this Common Council does hereby appoint Ms. Carol
A. Mahiques, 143 Prospect Avenue, Buffalo, New York 14201, to the position of
Legislative Assistant to Niagara District Councilmember, effective January 2,
1991.
ADOPTED
No.142
By: MR.. PITTS
OLD FIRST WARD BUS PURCHASE
WHEREAS: The Old First Ward Community Center Has prov
ided varied
services to seniors for the past twelve years, and
WHEREAS: The Center has become a vital social service agency to the Old First
Ward community. The City of Buffalo has provided funding for the programs
through the Community Development Block Grant, etc., and
WHEREAS: The State government provided $18,000 for the purchase of a new bus
for the Center. This money is a matching grant for local funds, and
WHEREAS: A new bus for the Center is estimated to cost thirty-five thousand
dollars, and
WHEREAS: In order to meet an April 1991 deadline to expend the State dollars,
Community Development Block Grant funds may be provided to match the State
dollars, and
WHEREAS: The provision of Block Grant funds will ensure the continued
transportation needs of the Community Center.
NOW THEREFORE BE IT RESOLVED THAT:The Common Council approves the allocation of
$20,000 of Block Grant dollars from the EIIicott District a l location to be
matched with $18,000, to the Old First Ward Community Center or the purchase of
a new bus.
ADOPTED.
No.143
By: MR.. PITTS
USE OF MEMORIAL AUDITORIUM - CLINTON
CRUSADERS MARCHING UNIT
WHEREAS:On January 26, 1991 at 12:00 noon the Clinton Crusaders
Marching Unit will hold its Annual Marching Band Competition, and
WHEREAS:Literally hundreds of Marching Bands will participate in this
competition. Youth of all ages from across the City will compete to be named
the best, and
WHEREAS:The Marching Band competition will be held at Memorial Auditorium.
NOW THEREFORE BE IT RESOLVED THAT:The Common Council approves the use of
Memorial Auditorium by the Clinton Crusaders Marching Band Unit on January 26,
1991 at noon subject to stipulations established by the Stadium and Board.
PASSED
AYES-12 NOES-0
No.144
BY: MR. RUTECKI
ORDINANCE AMENDMENT- CHAPTER 479, SEC. 15
WHEREAS:Residents of the Baynes - West Delavan area have requested
that the north side of West Delavan between Herkimer and Richmond be exempted
from Winter bus route parking ban regulations in order to ease a severe parking
problem in this neighborhood, and
WHEREAS:A number of streets within the City of Buffalo including East Amherst,
Hamburg, North, Schiller and West Delavan between Niagara and Herkimer are
already exempt from the bus route overnight ban, and
WHEREAS:The extension of this exemption along West Delavan from Herkimer to
Richmond would have no adverse effect on traffic flow along this street and
would instead establish consistent parking regulations along West Delavan Ave.
west of Richmond Ave., and
WHEREAS:A request to the Department of Public Works to add West Delavan between
Richmond and Herkimer to the list of exempted streets has prompted a written
opinion indicating that the Council has the authority to amend Section 15, (45)
II. of Chapter 479 to add West Delavan to the list of exempted streets, and
WHEREAS: It is in the City's best interests to address the concerns of
neighborhood residents by amending this ordinance,
THEREFORE BE IT RESOLVED: That the Corporation Counsel be authorized and
requested to draft an amendment to Sec. 15 of Chapter 479 of the traffic
ordinances to add West Delavan between Richmond and Herkimer to the list of
streets exempted from the winter overnight parking ban on bus routes.
ADOPTED
TRAFFIC ORDINANCES OF THE CITY OF BUFFALO WITH AMENDMENTS TO AND INCLUDING
SEPTEMBER 1, 1990
Compiled by Division of Traffic Engineering
512 City Hall
CHAPTER 479
TRAFFIC ORDINANCES
Section Page
1.Title 1
2.Definition of words and phrases 1
2A. Reference to titles 1
3.Traffic Violations Bureau 1
Subd. 1. Answer to summons.
2. Power of attorney.
3. Forfeiture of privilege.
4. Fixing of fines.
5. Duties of bureau.
6. Summonses to be furnished.
7. Form of Summons
4.Parking on premises or property other than streets.. 3
11.Stopping, turning, passing and waiting of vehicles. 5
Subd.
5 . No "U" turns.
8. Thru streets.
9. Stop and Yield intersections.
12 .Right of way and operation of Vehicles 7
Subd.
1. Vehicles having right-of-way
2. processions.
19. Lane designation.
20. Pavement Markings.
14 .Reckless driving is prohibited 7.1
Subd.
3. Speed regulations. 15, 30, 35 and 40 M.P.H..
4. Reduce speed at intersections, railroad crossings, corners - posted
areas reduce
Section 15 15.1
III. Bus Routes with Type I or Type III Alternate Parking. On the streets
listed below, parking snail be allowed on one side of the street at all times
when not prohibited by alternate parking regulations.
Barnes St. between West Ferry St. and Forest Ave.
Brayton St. between Massachusetts "Ave.. and Rhode Island St.
College St. between Cottage St. and Maryland St.
Cottage St. between Virginia St. and Maryland St.
Dodge St. between Wohlers Ave. and Kensington Expressway north service road
Efner St. between Maryland St. and "New" St.
Harvard PI. between Main St. and West Delavan Ave.
Jersey St. between Lakeview Ave. and Seventh St.
Kingsley St between Wohlers Ave. and Kensington expressway north service road.
Lakeview Ave. between Porter Ave. and Jersey St.
Reiman St. between North Ogden St. and Schiller St.
Riley St. between Wohlers Ave. and Kensington expressway north service road.. .
Roesch Ave. between Kenmore Ave. and Seabrook St.
Winter St. between Massachusetts Ave. and Hampshire St.
IV. Bus Routes with Type II Alternate Parking. On the streets listed below,
parking shall be allowed on both sides of the street at all times when not
prohibited by alternate parking regulations.
Bird Ave. between West Ave. and Niagara St.
Herkimer St. between Lafayette Ave. and West Delavan Ave.
Lafayette Ave. between NiagaraSt. and Herkimer St.
Memorial Dr. between Paderewski Circle and Broadway
Niagara St. between Hertel Ave. and Arthur St.
Normal Ave. between Hampshire St. and York St.
Paderewski Circle at Paderewski Dr. & Memorial Dr.
Paderewski Dr. between Fillmore Ave. and Paderewski Circle
Plymouth Ave. between Hudson St. and Hampshire St.
Red Jacket Pkwy between McClellan Circle & Abbott Rd.
Richmond Ave. between Porter Ave./North St. & West Ferry St.
Seventh St. between Porter Ave. and Jersey St.
Swan St. between Hamburg St. and Michigan Ave.
Trenton Ave. between Maryland St. and "New" St.
West Ave. between Forest Ave. and Bird Ave.
West Ave. between West Ferry St.' and Albany St.
West Ave. between Porter Ave. and Hudson St.
York St. between Normal Ave. and West Ave.
(48)No Parking of trucks over night on streets zoned residential The owner,
operator, driver or chauffeur CT any commercial truck shall not, during the
time from 7:00 P.M. to 7:00 A.M. of any period of twenty-four consecutive
hours, park or permit the parking of any such truck on any street or portion
thereof within or adjacent to a residential district as established by the
zoning ordinances of said city.
(49)Parking privileges of disabled persons - permit. That physically/
incapacitated persons ~who are certified by a licensed medical doctor to have a
disability which confines them to crutches, a walker or wheel chair or which
otherwise impairs their ability to walk) and who are licensed by the State of
New York to operate a motor vehicle shall be and are hereby authorized to park
motor vehicles owned and operated by them free of charge in parking meter zones
and overtime . in restricted zones, as designated and established by the
Division of Traffic Engineering without penalty, subject to the following
restrictions and regulations:
No.145
BY:MESSRS. RUTECKI, AND ARTHUR
POLICE POLICIES -FIRST NIGHT
WHEREAS:Buffalo's "First Night' celebration of New Year's Eve
was marred by several incidents of assaults, muggings and robberies in downtown
Buffalo, and
WHEREAS:The annual "First Night" celebration, coordinated by Western New York
United and Buffalo Place, drew 20,000 people to downtown this year, the largest
crowd in the three-year history of the event, and
WHEREAS:Complaints of inadequate police response and inadequate security have
been made by citizens attending "First Night", complaints which if left
unaddressed, threaten the future viability and success of this event, and
WHEREAS: Reports of "wilding" and violent, random assaults by "gangs" in the
downtown area have led to disclosures that:
1. Police response to a vicious beating on Main St. was twenty
minutes, despite the fact that the incident took place
almost directly in front of Precinct 3, the Theatre District
Precinct.
2. Only one desk officer was assigned to the Theatre District
Precinct, making it impossible for a number of citizens to
file reports of crimes.
3. Only two patrol cars were assigned to the Theatre District
Precinct despite a voter-approved, charter mandate that at
least three manned patrol cars be assigned to each Precinct.
4. A private security force of 20 officers hired by event
sponsors was available only until Midnight, despite the fact
that thousands of event-goers remained downtown after the
Midnight fireworks display.
S. No plans to detail additional police officers to the
downtown area for "First Night" were made despite numerous
published reports that upwards of 20,000 people were
expected for the event, and
WHEREAS: The citizens of Buffalo are demanding an explanation of this
breakdown in expected services, THEREFORE BE IT
RESOLVED: That the Commissioner of Police be requested to submit to this
Council a full and detailed report on all calls and reported incidents in the
downtown area the evening of December 31, 1990 and the early morning of January
1, 1991; the staffing levels assigned to the downtown area including both
precinct and detailed personnel; an explanation of the alleged delay in
response time to an assault on Main St. almost directly in front of Precinct 3;
and an explanation of the reported failure to adhere to the charter-mandated
level of three cars per precinct, AND BE IT FURTHER
RESOLVED: That representatives of Buffalo Place be requested to report to this
Council on Security measures in place for "First Night", and BE IT FURTHER
RESOLVED: That citizens of Western New York be encouraged to submit to this
Council their experiences of "FirstNight' as they relate to security and police
response.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, AND
BUFFALO PLACE.
No.146
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF
PUBLIC DUTIES
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 311 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Louise C)yburn
Beatrice E. Rouse
Victor A. Desimone
Harold F. Frank, Jr.
Gregory A. Handgis
Pamela J. Pantano
Joseph A. Minsterman
Ken R. Skinner
TOTAL: 8
ADOPTED
No.147
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing. same with
the City Clerk':
Elise T. Cerabone
Alyce D. Cuddy
Kenneth L. Cooper
Linda M. Egidi
Scott W. Gehl
Phelix Harris
Sean Dennis Hill
Donald Lieberman
Dennis Mitchell
Kathleen T. Mullen
Catherine A. Napier
Stanley J. Nowak
Nicholas A. Pierino
Evelyn M. Pietrzak
Clara Piszkin
Charles C. Rooney
Karin M. Shanahan
Belle Louise Stokes
Bruno V. Stra
Shelley L. Swartout
Leo na Szczepanski
Judv A. Vona
Furnette Williams
TOTAL: 23
ADOPTED
No.148
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted.
REGULAR COMMITTEES
CLAIMS COMMITTEE Tuesday, January 15, 1991 9:00 AM
CIVIL SERVICE COMMITTEE Tuesday, January 15, 1991 9:30 AM
FINANCE COMMITTEE Tuesday, January 15,1991
Immediately Following Civil Service
LEGISLATION COMMITTEE Tuesday, January 15,1991 2:00 PM
ECONOMIC DEVELOPMENT COMT. Wednesday January 16,1991, 10:00 AM
URBAN RENEWAL AGENCY COMT. Immediately Following Economic Development'
ANCILLARY COMMITTEES
LEGISLATION/PUBLIC HEARING
BMHA Tuesday, January 15, 1991 6:00 PM
FINANCE/KLEINHANS Wednesday, January 16, 1991 10:00 AM
NOISE TASK FORCE Wednesday, January 16, 1991 4:00 PM Rm 1417
FINANCE/SALES TAX Wednesday, January 23, 1991 10:00 AM
Leonard G. Sciolino
Council Reporter
JANUARY 8, 1991
NO. 149
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. PITTS THE COUNCIL ADJOURNED
AT 3:05 P.M. TO MEET AGAIN ON MONDAY JANUARY I4, 1991 AT 2:00 P.M. TO CONSIDER
THE ITEMS REFERRED TO THE COMMITTEE OF THE WHOLE CONCERNING THE BUDGET
REDUCTION PLAN PROPOSAL AND THE TRANSFERS OF FUNDS EFFECTING SUCH CUTS.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.
ADJOURNED SESSION
COMMON COUNCIL -- CITY HALL
BUFFALO, MONDAY JANUARY 14, 1991 AT 2:00 P.M.
PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL AND COUNCILMEMBERS:
BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
RUTECKI - 11
ABSENT- COUNCILMEMBERS: AMOS, BELL-2
No.150
MR. FAHEY MOVED THAT THE COMMON COUNCIL NOW RESOLVE INTO THE COMMITTEE
OF THE WHOLE FOR THE PURPOSE OF CONSIDERING THE BUDGET REDUCTION PLAN PROPOSAL
AND THE TRANSFERS OF FUNDS EFFECTING SUCH CUTS.
SECONDED BY MR. COLLINS
ADOPTED.
No.151
MR. FAHEY MOVED, THAT THERE BEING NO FURTHER BUSINESS IN CONNECTION
WITH THE CONSIDERATION OF THE BUDGET REDUCTION PLAN PROPOSAL AND THE TRANSFERS
OF FUNDS TO EFFECT THOSE CUTS, THE COMMITTEE OF THE WHOLE NOW RESOLVE INTO THE
COMMON COUNCIL.
SECONDED BY MR. PITTS
No.152
MR. FAHEY MOVED TO: DISCHARGE THE COMMITTEE OF THE WHOLE DEFICIT
REDUCTION PLAN DUE TO STATE BUDGET CUTS (MAYOR) COMMENTS ON DEFICIT REDUCTION
PLAN (COMPT) TRANSFERS OF FUNDS TO EFFECT SAME)
(CON 1 C.C.P.. JANUARY 8, 1991)
(CON 19 JANUARY 8, 1991)
(RES 130 JANUARY 8, 1991)
(RES 131 JANUARY 8, 1991)
(RES 132 JANUARY 8, 1991)
(RES 133 JANUARY 8, 1991)
(RES 134 JANUARY 8, 1991)
(RES 135 JANUARY 8, 1991)
(RES 137 JANUARY 8, 1991)
(RES 138 JANUARY 8, 1991)
WHEREAS: THE ABOVE ITEMS ARE PRESENTLY BEFORE THE COMMITTEE OF THE WHOLE; AND
WHEREAS: IT IS NO LONGER NECESSARY FOR THESE ITEMS BE CONSIDERED BY THAT
COMMITTEE;
NOW, THEREFORE, BE IT RESOLVED, THAT THIS COMMON COUNCIL DOES HEREBY DISCHARGE
THE COMMITTEE OF THE WHOLE FROM FURTHER CONSIDERATION OF THE ABOVE ITEMS AND
SAID ITEMS ARE NOW BEFORE THE COUNCIL.
SECONDED BY MRS. LOTEMPIO.
CARRIED.
No.153
DEFICIT REDUCT. PLAN DUE TO STATE BUDGET CUTS (MAYOR) (COM. 1, C.C.P., JAN. 8,
1991)
MR. FAHEY MOVED THAT THE ABOVE ITEM BE RECEIVED AND FILED. SECONDED
BY MR. COLLINS.
ADOPTED
No.154
COMMENTS ON DEFICIT REDUCTION PLAN (COMPT)
(COM. 19, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT THE ABOVE ITEM BE RECEIVED AND FILED. SECONDED
BY MR. COLLINS.
ADOPTED
No.155
TRANSFER FUNDS - MISC. - $60,000
(COM. 130, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 155, C.C.P. JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $60,000, BE LAID ON THE TABLE. SECONDED BY MR. COPPOLA.
ADOPTED
No.156
TRANSFER FUNDS - MISC. - $100,000
(Com. 131, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 156, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $100,000, BE LAID ON THE TABLE. SECONDED BY MR. COPPOLA.
ADOPTED
No.157
TRANSFER FUNDS - MISC. - $145,000
(COM. 132, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT THE ABOVE ITEM BE RECEIVED AND FILED. SECONDED
BY MRS. LoTEMPIO
ADOPTED
No.158
TRANSFER FUNDS - MISC. - $180,000
(COM. 133, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 158, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $180,000, BE LAID ON THE TABLE. SECONDED BY MR. RUTECKI.
ADOPTED
No.159
TRANSFER FUNDS - MISC. - $300,000
(COM. 134, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 159, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $300,000, BE LAID ON THE TABLE. SECONDED BY MR. RUTECKI.
ADOPTED
No.160
TRANSFER FUNDS - MISC. - $430,000
(Com. 135, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 160, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $430,000, BE LAID ON THE TABLE. SECONDED BY MR. RUTECKI.
ADOPTED
No.161
TRANSFER FUNDS - UNRSRV - $1,831,058
(Com. 137, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 161, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS-UNRSRV.-$1,831,058 BE LAID ON THE TABLE. SECONDED BY MR. RUTECKI.
ADOPTED
No.162
TRANSFER FUNDS - FRINGES - $2,469,664
(Com. 138, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED THAT ITEM NO. 162, C.C.P., JAN. 8, 1991, TRANSFER
FUNDS-FRINGES-$2,469,664, BE LAID ON THE TABLE. SECONDED BY MR. RUTECKI.
ADOPTED
NO. 163
ON A MOTION BY MR. FAHEY, SECONDED BY MR. BAKOS, THE COUNCIL ADJOURNED
AT 2:45 P.M.
COMMON COUNCIL
CITY HALL, BUFFALO N.Y.
SPECIAL SESSION
JANUARY 15, 1991
AT: 1:45 P.M.
PRESENT- GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL AND COUNCIL
MEMBERS:
BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPI0, PERLA, -9
ABSENT- C0UNCILMEMBERS: AMOS, COPPOLA, RUTECKI-3
No.1
FROM THE PRESIDENT OF THE COUNCIL
CALL FOR SPECIAL MEETING
PURSUANT TO SECTION 30 OF THE CHARTER OF THE CITY OF BUFFALO, UPON THE WRITTEN
REQUEST OF FIVE COUNCIL MEMBERS OF THE CITY OF BUFFALO, DATED JANUARY 15, 1991,
PRESENTED TO YOU HEREWITH, I HEREBY CALL A SPECIAL MEETING OF THE COMMON
COUNCIL, TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, BUFFALO, NEW YORK, ON
TUESDAY, JANUARY 15, 1991 AT 1:45 P.M. FOR THE F0LL0WING PURPOSE:
1.TO RECEIVE, CONSIDER AND TAKE APPROPRIATE ACTION ON A LOCAL LAW FOR THE
CREATION OF A CHARTER REVISION COMMISSION.
THE COMMON COUNCIL
CITY OF BUFFALO
JANUARY 15, 1991
H0N. GEORGE K. ARTHUR
PRESIDENT OF THE COUNCIL
1315 CITY HALL
BUFFALO, NEW YORK
DEAR SIR:
WE, THE UNDERSIGNED, MEMBERS OF THE COMMON COUNCIL, HEREBY REQUEST THAT YOU
CALL A SPECIAL MEETING OF THE COMMON COUNCIL, PURSUANT TO SECTION 30 OF THE
CHARTER OF THE CITY OF BUFFALO, FOR THE FOLLOWING PURPOSE:
1. TO RECEIVE, CONSIDER AND TAKE APPROPRIATE ACTION ON A LOCAL LAW FOR THE
CREATION OF A CHARTER REVISION COMMISSION.
WE REQUEST THAT THIS SPECIAL MEETING BE HELD ON TUESDAY, JANUARY 15, 1991 AT
1:45 P.M.
PURSUANT TO RULE 2 OF THE RULES OF ORDER OF THE COMMON COUNCIL OF THE CITY OF
BUFFALO, EACH OF THE FOLLOWING NAMED MEMBERS OF THE COMMON COUNCIL, TO WIT:
ARCHIE L. AMOS, JR.
NORMAN M. BAKOS
CLIFFORD BELL
DAVID A. COLLINS
ALFRED T. COPPOLA
EUGENE M. FAHEY
DAVID FRANCZYK
BRIAN HIGGINS
ROSEMARIE LoTEMPIO
CARL A. PERLA, JR.
JAMES W. PITTS
DAVID P. RUTECKI
HEREBY STATES THAT THEY RECEIVED NOTICE OF THE TIME AND PURPOSE OF THE SPECIAL
MEETING OF THE COMMON COUNCIL DULY CALLED TO BE HELD ON TUESDAY, JANUARY 15,
1991 AT 1:45 P.M., AND FURTHER AGREE THAT THE TWENTY-FOUR (24) HOUR NOTICE OF
SUCH MEETING IS WAIVED;
STATE OF NEW YORK )
COUNTY OF ERIE ) ss:
CITY OF BUFFALO )
ON THIS 15TH DAY OF JANUARY, 1991, BEFORE ME, THE SUBSCRIBERS, PERSONALLY
APPEARED: ARCHIE L. AMOS, JR., NORMAN M. BAKOS, CLIFFORD BELL, DAVID A.
COLLINS, ALFRED T. COPPOLA, EUGENE M. FAHEY, DAVID FRANCZYK, BRIAN M. HIGGINS,
ROSEMARIE LoTEMPIO, CARL A. PERLA, JR., JAMES W. PITTS AND DAVID P. RUTECKI, TO
ME KNOWN TO BE THE SAME PERSONS DESCRIBED IN AND WHO EXECUTED THE FOREGOING
INSTRUMENT, AND THEY DULY AND SEVERALLY ACKNOWLEDGED TO ME THEY EXECUTED THE
SAME.
RICHARD F. OKONIEWSKI
COMMISSIONER OF DEEDS
IN AND FOR THE CITY OF BUFFALO, N.Y.
MY COMMISSION EXPIRES 12/31/92.
OFFICE OF THE CITY CLERK
1308 CITY HALL
BUFFALO, NEW YORK 14202
JANUARY 15, 1991
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED, THAT PURSUANT TO SECTION 30 OF THE CHARTER OF THE CITY
OF BUFFALO, UPON THE WRITTEN REQUEST OF FIVE COUNCIL MEMBERS, DATED JANUARY 15,
1991, THE HON. GEORGE K. ARTHUR, PRESIDENT OF THE COUNCIL HAS CALLED A SPECIAL
MEETING OF THE COMMON COUNCIL, TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL,
BUFFALO, NEW YORK, ON TUESDAY, JANUARY 15, 1991, AT 1:45 P.M. FOR THE FOLLOWING
PURPOSE:
1. TO RECEIVE, CONSIDER AND TAKE APPROPRIATE ACTION ON A LOCAL LAW FOR THE
CREATION OF A CHARTER REVISION COMMISSION.
YOURS VERY TRULY,
CHARLES L. MICHAUX, III
CITY CLERK
RECEIVED AND FILED.
No.2
BY:MESSRS. ARTHUR AND FAHEY
CITY OF BUFFALO
INTRODUCTORY NO. 1 (1991)
LAW NO. ____ (1991)
A LOCAL LAW amending Article I of the Charter of the City of Buffalo,
in relation to the establishment of a commission to draft revisions to the City
Charter, and specifying its duties and powers.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article I of the Charter of the City of Buffalo adopted
pursuant to law, be amended as follows:
(a) By adding to the section headings of Article I a new Section 8 to such
captions to read as follows:
Section 2. By adding to Article I a new Section 8 reading as follows:
Sec. 8. City Charter Revision Commission.
LEGISLATIVE INTENT
Recognizing the opportunities and problems facing our City continue
to change and evolve, it is the responsibility of the Common Council from time
to time to engage in an intensive review of the organization, operation, and
goals of city government.
The Common Council has not undertaken such a comprehensive review of the
workings of municipal government as reflected in the charter and ordinances of
the City of Buffalo for an extended period of time. The Common Council
therefore finds it necessary and appropriate to herewith commence such a
review, pursuant to the authority vested in the Common Council under Municipal
Home Rule Law Section 36, through the creation of a commission to study and
draft revisions to the City Charter.
By this undertaking, the Common Council fulfills its duty to insure city
government in Buffalo will continue to efficiently and effectively meet the
needs of our citizenry in the 1990's and beyond.
POWERS AND DUTIES
The commission created hereunder shall have vested in it all powers
and duties with respect to the drafting or revision of the Charter of the City
of Buffalo as provided under Part 2 of Article 4 of the Municipal Home Rule
Law. Members of the commission hereunder appointed shall receive no salary or
stipend for services rendered and shall conduct its proceedings and render its
reports in such a manner as directed by the Council of the City of Buffalo.
The commission may render such reports and findings from time to time as it
deems appropriate, but shall submit its final report and shall complete and
file any proposed charter revisions or amendments in the office of the City
Clerk not later than sixty (6O) days before the General Election to be held in
the City of Buffalo in the year 1992.
The commission may request of the Common Council such staff support and other
resources as it deems necessary.
COMPOSITION
The commission shall consist of 13 members, appointed by the Common
Council, all of whom shall be adult residents of the City of Buffalo.
At its first meeting the commission shall elect from among its members a
Chairperson, Vice Chairperson and such other officers as the commission deems
appropriate.
In the case of a vacancy for any reason whatsoever, the vacancy shall be
filled by resolution of the Common Council.
Section 3
EFFECTIVE DATE
This local law shall take effect immediately.
APPROVED AS TO FORM
JAN 15, 1991
SAMUEL F. HOUSTON
LAID ON THE TABLE.
NO.3
ON A MOTION BY MR.. FAHEY, SECONDED BY MR. BAKOS THE COMMON COUNCIL
ADJOURNED AT 1:58 P.M.
CHARLES L. MICHAUX, III
CITY CLERK