HomeMy WebLinkAbout91-0122
No.2
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 22, 1991
Pension Meeting January 23, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
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. Rutecki - 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. Franczyk, 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, Chairperson,
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.
COUNCIL PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, January 22, 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 - 13.
ABSENT - Bell-1
On a motion by Mr. Fahey, seconded by Mr.Collins ,the minutes of the stated
meeting held January 8, 1991, were approved
FROM THE MAYOR
No.1
VETO MESSAGE
RESULTS OF NEGOTIATIONS - 1089 SMITH STREET
E 211.08 S. OF BROADWAY -VACANT LOT 30' x 108'
(Item No. 130, C.C.P., December 26, 1990)
The above resolution authorizes the sale of city-owned
real property for $900.00. The property had an assessed valuation of $1,400.00
on the 1986 assessment roll and an independent appraisal has established a
value of $1,400.00 for the parcel.
Clearly, it is not in the best interest of our City to dispose of
this property for less than its appraised value. I am encouraged by the fact
that the Comptroller's Office is opposed to this sale for the same reasons as
often cited in my veto messages relating to real property sales. (See Item No.
24, C.C.P., December 11, 1990). Accordingly, I hereby return this item
disapproved.
MR. FAHEY MOVED TO OVERRIDE THE MAYOR'S VETO OF ITEM NO. 130, C.C.P.,
DECEMBER 26, 1990, RESULTS OF PRIVATE SALE- 1089 SMITH STREET.
SECONDED BY MR. PITTS
REPASSED
AYES-12 NOES-0
No.2
VETO MESSAGE
REQUEST BY ERIE COUNTY BOARD OF ELECTIONS PAYMENT OF EXPENSES RELATING TO BOARD
OF EDUCATION
(Item No. 134, C.C.P., December 26, 1990)
The above resolution authorizes payment of a $69,082.47
claim which was submitted by the Erie County Board of Elections. The Board of
Elections contends that this claim is for expenses of the 1989 Board of
Education election.
Commissioner Planavsky and the Budget Director have recommended to
Your Honorable Body that this claim be disallowed. (See Item No. 65, C.C.P.,
December 26, 1990). I concur with their recommendation and hereby disapprove
this item.
MR. FAHEY MOVED TO OVERRIDE THE MAYOR'S VETO OF ITEM NO. 134, C.C.P., DECEMBER
26, 1990, BD. OF ELECTIONS- REQ. PAYMENT FOR BOARD OF EDUCATION ELECTION COSTS.
SECONDED BY MR. COLLINS
REPASSED
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA,
PITTS, RUTECKI-11
NOES-LOTEMPIO-1
No.3
Certificate of Appointment
Martin A. Grunzweig
Confidential Aide to the Mayor
Pursuant to the provisions of Section 441 of the Charter
of the City of Buffalo, I transmit herewith, for filing, the following
certificate of appointment.
Pursuant to the power vested in me under the provisions of Section 71 of
the Charter of the City of Buffalo, I hereby certify that I have appointed
Martin A. Grunsweig, residing at 198 Ontario Street, Buffalo, New York,
Confidential Aide to the Mayor, effective January 14, 1991.
Mr. Grunsweig has served as Executive Director of the Northwest Buffalo
Community Center from February 1987 to the present time. Prior to his present
position, Mr. Grunzweig served as Assistant Director of Be-A-Friend Program
from July 1981 to November 1986 and as Legislative Aide to former North
District Councilmember Daniel T. Quider from January 1980 until July 1981. Mr.
Grunzweig is a graduate of Niagara Community College and is a member of
numerous civic organizations, including the United Way Executive Association
and the Black Rock Business Association.
Based upon his experience and background as hereinabove recited, I hereby
certify that Martin A. Grunzweig is well qualified to discharge the duties of
Confidential Aide to the Mayor.
This position, pursuant to Rule 5 of the Rules for the Classified Civil
Service of the City of Buffalo, is in the Exempt Class of the Executive
Department.
Received and Filed
No.4
Certificate of Appointment
Charter Revision Commission
Pursuant to the authority vested in me by Article 4, Section
36, Subdivision 4, of the Municipal Home Rule Law, I hereby transmit to you for
filing forthwith in your office a Certificate of Appointment of the membership
of a twelve member Charter Commission to draft a new or revised City Charter.
The following residents of the City of Buffalo shall be members of such
Charter Commission:
Herbert Bellamy, 405 E. Ferry Street
Roland R. Benzow, 66 Hodge Avenue
Ronald C. Claydon, 24 North Park
Susan M. Hayden, 127 Choate Avenue
Joseph Kottas, 182 Fenton Street
Robert E. Nesslin, 27 Coolidge Avenue
Carl P. Paladino, 210 Ellicott Square Building
Barbara C. Pannosso, 20 North Drive
Robert T. Reger, 3135 Main Street
Reinaldo Santana, 314 Vermont Street
James N. Schmit, 767 Bird Avenue
Carolyn B. Thomas, 712 Linwood Avenue
I further designate Roland Benzow to be Chairman of the Commission, Carl
Paladino to be Vice-Chairman of the Commission and Barbara Pannosso to be
Secretary of the Commission.
RECEIVED AND FILED.
No.5
Reappointment of member of
Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section
337-3, Part II of the Code of the City of Buffalo, I hereby reappoint, subject
to confirmation by Your Honorable Body, Austin M. Fox, 118 Lexington Avenue,
Buffalo - 14222, as a member of the Buffalo Preservation Board for a term
expiring August 3l, 1993.
Austin M. Fox, the retired chairman of the English Department at Nichols
School, is an architectural historian and author of numerous books and
articles. He has proven to be an invaluable asset to the Buffalo Preservation
Board.
I hereby certify that Austin M. Fox is fully qualified for reappointment
to the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.6
Resolution No. 176, C.C.P. December 26, 1990
Agreement Between the City of Buffalo and
Niagara Mohawk as to Niagara Mohawk's Operation
of its PCB Storage Facility at their Dewey
Avenue Service Center
I have signed the agreement regarding the operation of Niagara
Mohawk PCB Storage Facility on Dewey Avenue ad referred to in the above-noted
Council resolution. Niagara Mohawk has been acting properly in removing PCB's
from its system. It is now acting properly ad responding to neighborhood
concerns in agreeing to phase out the operation of its long-term PCB storage
operation at the Dewey Avenue Service Center. I look forward to continued
cooperation with Niagara Mohawk as it removes PCB's from its system in the City
of Buffalo.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.7
Thomas Yox - Application to erect a billboard sign at 1203 Perry Street.
(Item No. 76, C.C.P., January 8. 1991).
The City Planning Board at its regular meeting held Tuesday, January
15, 1991, considered the above application pursuant to Section 421-11 of the
Buffalo Code - Review of Freestanding signs.
The applicant seeks to erect a pole mounted billboard structure which would
support a double faced sign. The sign area for each face will be 672 square
feet and will be 40 feet in overall height. The billboard will be oriented at
right angles to Perry Street and will be built entirely on private property.
The proposed sign is located in an M1 zone which permits such uses. The
proposed sign area is also within the limits of such non accessory signs in
industrial districts. Under S.E.Q.R., the proposed sign is considered an
unlisted action which may be studied via uncoordinated review.
The Planning Board voted to approve the billboard sign as requested.
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.8
1990 ANNUAL REPORT
I am pleased, on behalf of the Environmental Management Commission,
to file a copy of the Commission's 1990 Annual Report with the Common Council.
The Report quite correctly commends your Honorable Body and the Mayor for a
number of actions supportive of the environmental well-being of our City and
its citizens. Additionally, it examines the environmentally and economically
significant area of municipal solid waste management, and makes important
recommendations. Finally, the Report outlines the activities of the Commission
during the past year.
I will be happy at any time to answer any questions which the Council may have
about the Report, or the activities of the Commission.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No.9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-EXEMPT ITEMS-WATER
ENTERPRISE FUND CAPITAL PROJECTS- WATER
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 $23,504 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items - Water, 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, N Y., JANUARY 15, 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 $100,000 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, N Y., JANUARY 16, 1991
RECEIVED AND FILED.
No.11
CERTIFICATE NUMBER 2-90-91 OF THE COMPTROLLER OF THE CITY OF BUFFALO, NEW YORK,
RELATIVE TO THE CAPITAL DEBT SERVICE FUND OF SAID CITY, STATING THE AMOUNTS TO
BE DEPOSITED THEREIN AND PAID THEREFROM FOR THE PERIOD COMMENCING JULY 1, 1990
AND ENDING JUNE 30, 1991
I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo,
New York, in accordance with the provisions of Section 202 of the resolution
entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a
Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund
and Other Matters in Connection Therewith, and Providing for the Rights of
Holders of Capital Debt Obligations of the City."
Duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, DO HEREBY CERTIFY as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year
commencing July 1, 1990 and ending June 30, 1991 is $27,226,605.20.
2. The portion of said Capital Debt Service Requirement allocated to
the First Collection Period (July 1, 1990 through and including November 30,
1990, is
$8,246,349.55.
3. The portion of said Capital Debt Service Requirement allocated to
the Second Collection Period (December 1, 1990 through and including June 30,
1991, is $18,980,255.65.
4. The First Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing July 1, 1990 and
ending December 31, 1990 on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due
Place Due
Serial Bonds $1,819,605.00 July31,1990 The
Chase
Manhattan Bank, N.A.
One New York Plaza
New York, NY 10081
Serial Bonds 595,302.50 August 1, 1990 "
Serial Bonds 481,170.00 September 1, 1990 "
Serial Bonds 871,326.25 September 28, 1990 "
Serial Bonds 267,885.00 October 1, 1991 "
Serial Bonds 585,600.00 October 31, 1990 "
Serial Bonds 1,406,568.30 November 1, 1990 "
Serial Bonds 1,169,747.50 November 30, 1990 "
Serial Bonds 986,825.00 December 1, 1990 "
BAN'S 62,320.00 December 13, 1990 M & T Trust
Company
Buffalo, New York
$8,246,349.55
5. The aggregate amount to be deposited by the Director of the
Treasury with the Norstar Bank, Buffalo, New York, commencing on July 1, 1990
is $8,246,349.55.
6. The Secord Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing January 1, 1991,
and ending June 30, 1991, on the obligations, in the amounts, -in the dates,
and at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $ 1,819,605.00 January 31, 1991 The Chase
Manhattan Bank, N.A.
One New York Plaza
New York, NY 10081
Serial Bonds 2,655,572.50 February 1, 1991 "
Serial Bonds 19,110.00 March 1, 1991 "
BAN'S 30,875.00 March 13, 1991 "
Serial Bonds 871,326.25 March 29, 1991 "
Serial Bonds 2,551,010.00 April 1, 1991 "
Serial Bonds 585,600.00 April 30, 1991 "
Serial Bonds 1,064,616.90 May 1, 1991 "
Serial Bonds 1,169,747.50 May 31, 1991 "
Serial Bonds 7,291,825.00 June 1, 1991 "
Serial Bonds 920,967.50 June 1, 1991 M&T Trust Company
Buffalo, New York
Total $18,980,255.65
7. The aggregate amount to be deposited by the Director of the
Treasury with the Norstar Bank, Buffalo, New York, commencing on December 1,
1990 is $18,980,255.65.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the
Director of the Treasury shall deposit the amounts shown in Section 5 and 7
hereof in the Capital Debt Service Fund held by the Trustee, Norstar Bank,
Buffalo, New York, immediately upon receipt of any payment of or on account of
any City ad valorem property taxes, until the amount deposited during each
Collection Period is equal to the amount shown in Section 5 and 7,
respectively.
IN WITNESS WHEREOF, I have hereunto set my hand this
15th Day of January, 1991
I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo, New York, DO
HEREBY CERTIFY that I have this day delivered a copy of the attached
Certificate Number 2-90191 to the Director of the Treasury and to the Norstar
Bank, Buffalo, New York:, in accordance with the requirements of Section 202 of
the resolution cited in said Certificate.
IN WITNESS WHEREOF, I have hereunto set my hand
this 15th day of January, 1991.
RECEIVED AND FILED.
No.12
INTERFUND CASH LOAN FOR CAPITAL PROJECTS
Due to changes in the Internal Revenue Code enacted in
1986, I have had to develop new procedures to implement the financing of the
Capital Improvements Budget. One of these procedures is an interfund loan fro:
available monies. The interfund loan will then be repaid when Bond Anticipation
Notes or Bonds are issued to finance these projects.
We have a request for money to finance the cost of construction of the
New Eagle Street Parking Ramp. Due to complications that have arisen with State
Aid cuts and delays encountered in receiving State Aid to Education, we have
had to suspend interfund loans from the General Fund to the various Capital
Projects Funds.
The Board of Parking has proposed an interfund cash loan from an
existing maintenance reserve account in the Parking Enterprise Fund to the
Parking Capital Projects Fund in order to keep the project on schedule.
The new lease that took effect July 1, 1989, specifies certain uses of
this maintenance reserve account. This account can be used for no other purpose
without the separate recommendation of the Board of Parking and the separate
approval of the Common Council of the City.
We requested the approval of the Board of Parking to use this account
for the inter fund loan prior to requesting your Honorable Body approve this
Interfund loan. The Board of Parking at its regular monthly meeting of January
16, 1991 unanimously passed a resolution authorizing an interfund cash loan
fro: the maintenance reserve account to the Parking Capital Projects Fund for
construction of the New Eagle Ramp.
At this time, we are requesting that you approve the use of the
Parking maintenance reserve account and the interfund cash loan from the
Parking Maintenance
reserve account to the Capital Projects Fund in the amount of $1,325,000 for
the Construction of the Hew Eagle Street Parking Ramp. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date
Total
440-410-030 415 415-410-006 BAN/ Bond Sale $1,325,000
Parking Parking Capital Projects
MR. FAHEY moved:
That the communication from the Comptroller dated January 14, 1991
be received and filed; and
That the Comptroller be, and he hereby is, authorized to execute a
transfer of funds from the Parking Maintenance Reserve Account to the Capital
Project Fund in the amount of $1,325,000 for the construction of the new Eagle
Street Parking Ramp.
PASSED
AYES-12 NOES-0
No.13
Results of Negotiations
843 Seneca Street
142' East of Griffin
Vacant Lot 30' x 90
Assessed Valuation: $3,000
847 Seneca Street
171' East of Griffin
Vacant Lot 30' x 87'
Assessed Valuation: $800
The Office of the Comptroller was authorized to acquire the property
located at 847 Seneca Street for the Residential Area Parking Program, Item
#195, C.C. P. 5/30/89. The property is owned by Mr. John Raczka, Sr., 45
Newton Street, Buffalo, New York.
During our negotiations, Mr. Racska had requested that we not break up
his property and purchase the additional adjoining lot at 843 Seneca Street
which consists of a vacant parcel of 30' x 90' and is assessed at Three
Thousand Dollars ($3,000). The Board of Parking which manages the RAPP Program
agreed to Mr. Racska's request.
An independent appraisal of the property was conducted by Frank A.
Pirritano, Appraisals, Inc. He has estimated the value of the property located
at 847 Seneca Street to be One Thousand Dollars ($1,000): the property at 843
Seneca Street to be One Thousand Fifty Three Dollars ($1,053) and the value of
the religious shrine on the property to be valued at One Thousand Five Hundred
Dollars ($1,500). The total value of the acquisition of this property was
estimated at Three Thousand Five Hundred Fifty Three Dollars ($3,553).
The results of our negotiations are that Mr. John Raczka, Sr., has agreed
to sell the properties for Three Thousand Six Hundred Dollars ($3,600). The
monies for the acquisition of this property is available through the Board of
Parking in account #440-410-021-00-583, Parking Enterprise Fund.
The Office of the Comptroller, therefore, recommends the purchase of 843
and 847 Seneca Street in the amount of $3,600 from Mr. John Rascka, Sr., 45
Newton Street, Buffalo, New York. This office further recommends that your
Honorable Body authorize the corporation council to proceed with the closing of
these properties.
REFERRED TO THE COMMITTEE ON FINANCE.
No.14
RESULTS OF NEGOTIATIONS
849 Seneca Street 201' East of Griffin
Vacant Lot 20' x 86'
Assessed Valuation: $3,400
The Office of the Comptroller was authorized to acquire 849 Seneca
Street for the Residential Area Parking Program, RAPP, Item #195, C.C.P.
5/30/89. The vacant lot at 849 Seneca Street, is owned by Gertrude Bapst of
853 Seneca Street.
An independent appraisal of the property was conducted by Frank A.
Pirritano, Appraisals, P O Box 650, West Seneca, New York 14224. He has
estimated the value of the property at Three Thousand Three Hundred Fifty
Dollars ($3,350), which includes Seven Hundred Dollars($700) for land and Two
Thousand Six Hundred Fifty Dollars ($2,650) in severance damages.
The results of our negotiations are that Ms. Bapst has agreed to sell the
property at 849 Seneca Street for Three Thousand Four Hundred Dollars ($3,400).
The money for the acquisition of this property is available through the Board
of Parking in account #440-410-021-00-583, Parking Enterprise Fund.
The Office of the Comptroller, therefore, recommends that the purchase of
849 Seneca from Ms. Gertrude Bapst, of 853 Seneca Street, Buffalo, New York in
the amount of $3,400. I am further recommending that your Honorable Body
authorize the Corporation Council to proceed with the closing of this property.
REFERRED TO THE COMMITTEE ON FINANCE.
No.15
Results of Negotiations 38 Mulberry Street Vacant Lot 25'x 100' Assessed Value:
$400
Your Honorable Body authorized the Office of the Comptroller to
negotiate a private sale for the above captioned property with Janice Arthur
61
Maple Street, Buffalo New York 14204, Item #16, C.C. P. 10/30/90. Ms. Arthur is purchasing this adjoining lot in order to
build a garage and expand her yard area.
Two independent appraisals of the property were submitted by the
purchaser; Mr. Cleon O. Service, Appraiser, 2152 Main Street, Buffalo, New York
14214 has estimated the Fair Market Value of the subject property to be Four
Hundred Dollars, ($400.00). Mr. Edward Herndon , appraiser has estimated the
Fair Market Value of the subject property to be Five Hundred Dollars,
($500.00). The Division of Real Estate has also conducted an inspection of the
property and the sale of similar properties in the area. Sales of similar
properties range from $300.00 to $750.00.
The results of our negotiations are that Ms. Janice Arthur has offered
and is prepared to pay Six Hundred Dollars, ($600.00) for the subject property.
She has also agreed to pay for the cost of the appraisals, transfer tax and
copy of the legal description.
This Office, therefore, recommends the sale of 38 Mulberry , to Ms.
Janice Arthur, 61 Maple Street, Buffalo, New York 14204 in the amount of SIX
HUNDRED DOLLARS, ($600.00).
REFERRED TO THE COMMITTEE ON FINANCE.
No.16
Permission to Negotiate 202 Peach, W 100' N High
Lot Size: 25' x 100' Assessed Valuation: $400
The Office of the Comptroller, Division of Real Estate, has received
a request from Thomas H. Henry, Chairman Trustee Board, 300-318 High Street,
Buffalo, New York to purchase the above referenced property.
Mr. Henry wishes to purchase the subject property for off-street parking
purposes. He has indicated that they estimate parking 10 - 12 cars on this lot
and are prepared to pave said property
The Department of Community Development and the Department of Inspections
and Community Revitalization have 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
MR. FAHEY moved:
That the communication from the Comptroller dated January 8, 1991 be
received and filed; and That the Comptroller be, and he hereby is, authorized
to negotiate a private sale of the premises located at 202 Peach Street to
Thomas S. Henry, Chairman of the Board of Trustees, 300-318 High Street, and to
report the results of said negotiations back to this Council for approval.
ADOPTED
No.17
NEGOTIATE SALE
223-235 Elk Street
This office has received a request from Irwin N. Davis, attorney
for World Auto Parts, Inc., 42 Selkirk Street, Buffalo, New York 14240. He is
requesting to reopen negotiations for a 21/2 acre parcel of land located at
223-235 Elk Street which adjoins World Auto's property. In 1984, World Auto
had agreed to purchase the property for the sum of Nineteen Thousand Dollars
($19,000) with the conditions that they were to expand their facilities. Due
to economic conditions at the time and the restrictive nature of the conditions
attached to the sale, the transaction was not consummated. The Common Council
rescinded the sale and the deposited of Nineteen Hundred Dollars was forfeited
by World Auto.
World Auto Parts, Inc. now wishes to purchase and use the property for
the parking and storage of tractor trailers.
Since the common Council rescinded the previous sale the office of the
Comptroller would not recommend reopening negotiations on the past contract.
However, I would recommend that your Honorable Body authorize this office to
negotiate a new private sale with World Auto Parts, Inc.
MR. FAHEY moved:
That the communication from the Comptroller dated January IS, 1991 be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate a private
sale of the property located at 223-235 Elk Street with World Auto Parts, Inc.,
and to report the results of said negotiations to the Council for approval.
ADOPTED.
No.18
RENT INCREASE - DOG POUND
(Item #56, C.C.P.. 1/8/91)
The above Item is a communication from the Commissioner of Streets
regarding a letter that was addressed to the Corporation Council informing the
City that they are the agent for O'Shanter Resources, landlord for the premises
known as 1270 Niagara Street, the present location of the City Dog Pound. The
letter informs the Corporation Council that the monthly rental rate is being
increased to Thirty-Nine Hundred Dollars per month ($3,900).
The lease that the City had with the former owner expired several years
ago. Our records indicate that there is no signed lease in effect at this
time. The City is currently occupying the property on a monthly basis at Three
Thousand Dollars ($3,000) per month. Although this office is not directly
involved with the leasing of this property, I do agree with the Commissioner's
recommendation that any increase in rent should be justified by the owners of
the property.
In addition to the above, I can inform Your Honorable Body that the
contracts for the purchase of the new animal shelter which is to be located at
380 N. Oak Street have been signed. The bonds for the purchase of this property
have been authorized by your Honorable Body and are scheduled to be sold
sometime after March 1, 1991, and the closing shortly thereafter.
This office is not aware of the time frame involved for the renovations
of 380 N. Oak Street and cannot advise your Honorable Body when the Dog Pound
will relocate to N. Oak Street. That information can best be obtained from the
Commissioner of Streets.
REFERRED TO THE COMMITTEE ON FINANCE.
No.19
Request for Exclusive Use Easement by David P. Rechin 106 Brinton Street
Please be advised that the Comptroller's Office through its Division
of Real Estate, has received a request by David P. Rechin for an exclusive use
easement for a section of land adjoining his western property line,
approximately 3 feet. If granted by the City, he intends to widen his driveway
to avoid striking his house when entering and exiting vehicles through his
driveway.
The Buffalo Sewer Authority has been advised of Mr. Rechin's intentions
and have responded by letter indicating no objection to his proposed widening
of the existing driveway. Mr. Rechin was advised, however, that no permanent
structure could be built over the easement. The prior owner of 106 Brinton
Street, William Storrs, was granted a similar easement by the City of Buffalo.
This office would therefore recommend to Your Body that an exclusive use
easement be granted to Mr. Rechin for the consideration of $100. Furthermore,
Mr. Rechin is to hold the City harmless for any and all losses, to include
bodily injury and property damage, occurring through his use of the aforesaid
easement. We would further recommend that Mr. Rechin purchase the necessary
insurance to effectuate this protection of the City.
MR.FAHEY moved:
That the communication from the Comptroller dated January 14, 1991 be
received and filed; and
That the Comptroller be, and he hereby is, authorized to execute an
easement to David P. Rechlin for a three-foot section of land adjoining the
western line of his property, for consideration of $7,500.
PASSED
AYES-12 NOES-0
No.20
FINANCIAL PLANS FOR SPORTS FACILITIES
(ITEM NO. 207, C.C.P. 12/11/90)
This communication is in response to the above mentioned item
which requested an opinion from this office. In recent months, numerous media
events and reports have been generated regarding expansion, renovation and
construction of major sports facilities in Buffalo and Erie County. With the
possibility for securing an expansion franchise of Major League Baseball for
Buffalo very much alive, immediate focus was given to financing the costs of
expanding Pilot Field to accommodate Major League Baseball. The estimated cost
of this project is $44.5 million with the city's share approximately $2.5
million. This office was able to take advantage of a federal transition rule
for selling tax exempt bonds for this project which will save Erie County
taxpayers $10 to $15 million over the life of the bonds. In this particular
financing, the city sold $24.2 million of general obligation bonds and is
available when and if Major League Baseball becomes a reality in Buffalo.
Should Buffalo not be awarded an expansion franchise, the bonds are structured
to allow for a call feature to be executed 18 months after closing. City
officials have confirmed with ECIDA officials a refunding of all or a portion
of the bonds, with proceeds of revenue bonds to be issued by the ECIDA, in the
event the city obtains a Major League Baseball franchise.
In addition, the Buffalo Sabres have initiated intentions to prepare a
financial plan for a much discussed new arena and parking facility. A new
multi-purpose arena to include hockey as well as construction of a nearby
parking facility could cost nearly $100 million with debt service of $10
million annually. Add to these costs debt service on the World Games facilities
and it becomes painfully obvious that any one municipality, especially the City
of Buffalo, can be consumed with an enormous financial liability---enough to
jeopardize all other capital projects with debt service approaching $20million
on sports facility projects alone. If allowed to even consider potential
project costs for Rich Stadium alternatives and the Erie Community College
Field Rouse, it must be concluded that new initiatives with respect to
financial planning of such facilities be investigated.
It is my opinion that now is the precise time to establish some sort of Western
New York sports authority to serve as a regional foundation for planning and
financing all sports facilities in the area. If created, a sports authority
would be able to sell revenue bonds thereby relieving local municipalities of
additional burdens on their tax levy to pay principal and interest on general
obligation bonds currently used to finance repairs and/ or construction of
athletic facilities.
I am aware that much skepticism remains over the creation of any new authority
based on past experiences. However, I am convinced that logistics and
particulars can be structured to ensure accountability and representation of
all interested entities. It is my contention that a broad-based, accountable
regional sports authority with extended financial powers can meet the fiscal
requirements of the aforementioned projects.
Obviously, the City of Buffalo can not shoulder the entire financial
responsibility for all proposed sports projects and the State of New York is
suffering through a very pronounced budget crisis of its own so as to restrict
its participation. It is also quite unrealistic to hope that the private sector
can supply 100% of the funding for the proposed projects. Therefore, we must
consider alternatives. The creation and support of a regional sports authority
may well be the step in the right direction.
REFERRED TO THE TASK FORCE ON STADIUM - AUDITORIUM.
No.21
The Requested Conveyance
The Remainder of School #62
376 Urban Street
On December 13, 1988, Your Honorable Body passed Item #215, C.C.P.,
12/13/88, approving the transfer of the referenced former School building and
its property to the Buffalo Urban Renewal Agency (B.U.R.A.) for the purpose of
a lease arrangement of the Broadway Fillmore Neighborhood Housing Service
(B.F.N.H.S.) during rehabilitation under the NYS Housing Trust Fund Grant.
On July 25, 1990, a closing took place, wherein B.U.R.A. conveyed title
of the property to B.F.N.H.S. This closing was consummated through the
documentation of the filing of deed in the Erie County Clerks Office.
Subsequently, through a review of the legal description which was attached to
the aforementioned deed, it was discovered that merely half of the building was
conveyed. We have nothing in our files which reflect any rationale or
explanation why only half of the building was conveyed and the remaining half
left within the jurisdiction of the Division of Real Estate.
We would respectfully ask that this matter be cured by way of the Buffalo
Urban Renewal Agency assuming the remaining half.
The Division of Real Estate is a revenue producing office which serves
the City by accomplishing sales of city-owned property and thusly producing
revenue through the sale of the property and subsequent real property tax
revenues once the property is restored to the tax roles.
The remaining half of the building in which the Division of Real Estate
was encumbered with is definitely unsaleable. Moreover, great sums of money
have been spent through the Division of Real Estate in maintaining and securing
the remaining half. This, I am sure your Body would agree is throwing money
down a bottomless well.
We would therefore urge Your Honorable Body to have the remaining half of
this building conveyed, as aforesaid, so that B.U.R.A. may utilize the
remaining half for its own benefit or convey it over to B.F.N.H.S. In any
case, tax payers moneys should not be wasted to this extent. There will
virtually be no end to paying out monies for a portion of property which is
virtually unsalable and leasable.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.22
Abatement of Uncollectible Accounts Receivable
Over Six Years Old
The Department of Audit and Control is working with the Department
of Law to improve collection of current invoices and is reviewing all old
outstanding invoices. It is our intention to eliminate all uncollectible
accounts so that we can concentrate our collection efforts on invoices that we
have a better chance of collecting because of the timeliness of pursuing the
individual and filing claims.
Attached hereto is a listing of various accounts receivable invoices
totaling $102,665.60.
The Department of Law has determined these invoices uncollectible for one
or more of various reasons including, but not limited to, the following:
expiration of statute of limitations; lack of legal basis for claim;
insufficient amount in the controversy; insufficient documentation for claim.
We request the abatement of these accounts totaling $102,665.60 as
required by Charter to remove such open accounts from City records. Since an
amount has been reserved in prior years to provide for the possibility that
these accounts proved uncollectible, there will be no effect on the City's fund
balance as a result of this action.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No.23
CERTIFICATE OF APPOINTMENT
APPOINTMENT TO BECOME EFFECTIVE JANUARY 21 1991
IN THE DEPARTMENT OF AUDIT AND CONTROL, DIVISION OF DATA PROCESSING TO THE
POSITION OF SYSTEM SUPPORT ANALYST, TEMPORARY, AT THE STARTING SALARY OF
$34,389.
JAMES SEGUIN, 91 LARCHMOUNT, BUFFALO, N.Y. 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No.24
Notification Serial Numbers 8172
This communication explains the attached Notification Serial Numbers.
8172
Massachusetts Avenue (Repeal Alternate Type I
Busti Avenue to (parking
Seventh Street
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.25
NOTIFICATION SERIAL NO.: 8172
FILED WITH CITY CLERK:1/17/91
FOR COUNCIL MEETING:1/22/91
REPEAL
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing thereto the following:
PROHIBITED HIGHWAY LOCATION PROHIBITED PERIOD
Massachusetts Street
between
EAST SIDE-WEST SIDE
Busti Avenue and 4P.M.
WED 4P.M. SUN
TO TO
4P.M. SUN 4P.M. WED
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.26
Extension of Time on Contract -Reconstruction of Building for Genesee-Moselle
Community Center 1532 Genesee Street Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Louis Migliore Const Co. C-91562lOO, the work should have been
completed by November 26, 1990.
Due to a required new heating system being installed this contractor could not
complete the work of this project on time. This is the first extension of time
on this project.
I have granted an extension of time to February 22, 1991 to Louis Migliore
Const. Co. to complete the work of their contract. Inasmuch as the other
contractors could not proceed any faster than the General Contractor, I have
granted an extension of time to February 22, 1991 to Warrens Electric, and
Ackerman & Huebsch, Inc. to complete the work of their contracts.
RECEIVED AND FILED.
No.27
Licenses Issued
December 1990
I am respectfully submitting the enclosed report of licenses issued
in the month of December 1990 by the Division of Licenses.
RECEIVED AND FILED.
No.28
Disposal of City Vehicle #E-51 Division of Engineering
This is to inform Your Honorable Body that the Department of Public
Works, Division of Engineering is planning to dispose of City Vehicle #E-5l, a
1974 Blaw Knox Paver, Model PF-35, Vehicle I.D. #350503003, current license
plate #B95196.
Vehicle #E-51 will be used as a trade-in on the purchase of a new Asphalt
Paving Machine to be used at the Division of Engineering Maintenance Yard
located at 1120 Seneca Street The trade-in value of vehicle #E-5l will be
incorporated into the base bid for the new paver.
Funds for the purchase of the new paver are available in Division of
Engineering Capital Account #200-401-507-00-000.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated
January 9, 1991 be received and filed; and
That the Commissioner of Public works be and he hereby is authorized to
dispose of City vehicle #E-5l, a 1974 Blaw Knox Paver, License No. B95196, as a
trade-in on a new asphalt paving machine.
PASSED.
AYES-12 NOES-0
No.29
Change in Contract -Reconstruction of
Precinct #4 485 Michigan Avenue
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Precinct #4, 485 Michigan Avenue,
Buffalo, New York, J.D. Plumbing Co. #10459660:
l. Furnish all labor and materials
for the removal of asbestos
insulation from plumbing lines. ADD$1,023.00
Concealed plumbing lines were not visible during inspection prior to bidding.
The second bidder on this project was Matthew Xandefer, Inc. in the amount of
$6,725.00.
The foregoing change results in a net increase in the contract of One Thousand
Twenty-three and 00/lOO Dollars ($1,023.00).
Summary Original Amount of Contract $5,966.00
Amount of this change (No. l) ADD1,023.00
Revised Amount of Contract $6,989.00
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 200-402-075 - 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 Department of Public Works, dated January
7, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to J. D. PLUMBING CO., in the amount of $6,989.00 for work
under the contract relating to the Reconstruction of Precinct #4, 485 Michigan
Avenue, Buffalo, New York, with said cost to be credited against the Division
of Building's B/F 200-402-075.
PASSED.
AYES-12 NOES-0
No.30
Change In Contract - Change Order Il
Phase A: Cornelius Creek Perk
Phase B: Rehabilitation of Riverwalk
Phase C: Rehabilitation of Ontario St.
Boat Launch
I hereby submit to your Honorable Body the following change in
contract for the above named project:
1. After award of Contract, it was discovered that the configuration of the
water and sewer lines for proposed comfort station were not acceptable to the
Division of Water. The following changes were made:
A. Install 2" type K copper water line in separate trench per
revised drawings. $55. 00/LF x 610 L.F.$33,550.00
B. Install 4" ductile iron force main in separate trench per
revised drawings. $55. 00/LF x400 L.F.$22,000.00
C. Core drill (4) holes in existing concrete
Lump Sum$ 4,000.00
D. Provide and install concrete vault with frame and cover and
double check valve.
Lump Sum$ 7,500.00
E. Deletion of 2" PVC force main item 247.0
$40. 00/LF x 630 LF($25,200.00)
F. Deletion of 4" ductile iron pipe item 247.1
$40/LF x 640 LF($25,600.00)
G. Deletion of 4" ductile iron fittings item 247.2
$1. 00/Lbs. x 1000 Lbs.($ 1,000.00)
H. Deletion of tapping sleeve and valve assembly item 247.3
Lump Sum ($800.00)
2. Changes to electrical installations, including light
standards, conduit sizes, conductors, were requested by Niagara
Mohawk . The following changes were made:
A. Addition of 1" galvanized anchor bolts for pole foundations
Lump Sum $748.00
B. Additional cost for handling heavier poles in parking lot
Lump Sum$ 1,010.00
C. Additional cost for light standard foundation assembly on pedestrian
bridge
Lump Sum$ 1,295.00
D. Delete walkway light poles and luminaire, item, 270.14 $1,100.00
ea. x 5 ($ 5,500.00)
E. Delete bridge light poles, luminaires and foundation, item 270.15
$1,100.00 ea. x 3($ 3,300.00)
3. Upon excavation at the existing sheet pile wall, along the Niagara River
and Cornelius Creek, conditions of the tie-back system were found to vary from
original as-built plans. In order to complete repairs to this sheet pile wall,
a new tie-back system needed to be installed.
Lump Sum$12,381.66
4. A channel, to fit over the top of the new sheet pile wall, along
Cornelius Creek, was undersized. A larger channel was needed to fit over the
new sheet piling.
Lump Sum$ 1,352.51
5. Under this contract repairs were made to the riverwalk pavement. Damaged
or missing railings were not repaired or replaced, due to lack of funds To
complete the riverwalk repairs, railing will be repaired.
Lump Sum$13,500.00
CONTRACT SUMMARY:
Original Amount of Contract $758,729.70
Change Order #1 35,937.17
NEW CONTRACT TOTAL $794,966.87
The second low bidder for this Contract was M.Falgiano Construction Co., Inc.
in the amount of $810,915.83.
I hereby certify that this change order is fair and equitable for the work
involved and respectfully request that your Honorable Body approve the above
change order and authorize the Commissioner of Public Works to issue said
change order to Dolomite Construction Company, Inc.
Funds for this change order are available in Division of Engineering Capital
Project Fund 089, and Capital Project Fund 532.
MR.FAHEY moved:
That the communication from the Department of Public Works dated January
17, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Dolomite Construction Company, Inc. in the amount of
$35,937.15 for work under a contract relating to Cornelius Creek Park,
Rehabilitation of the Riverwalk and Rehabilitation of the Ontario Street Boat
Launch, with said cost being charged to Division of Engineering Capital Project
Fund 089 and Capital Project Fund 532.
PASSED.
AYES-12 NOES-0
No.31
REDUCE RETENTION
CITY CONTRACT NO. 91551700
CLEANING AND CEMENT LINING NEW WATERMAIN$ IN
DELAWARE AVENUE
The contract for the cleaning and cement lining of the 12 inch
watermain in Delaware Avenue from North Street to Delavan Avenue and the
replacement of existing pipe in certain portions of Delaware Avenue, Lafayette
Avenue, Chapin Parkway and Barker Street is complete with the exception of some
deficiencies in the pavement restoration in Barker Street from Delaware Avenue
to Linwood Avenue.
The value of the restoration work is $5,000.00.
It is respectfully requested that your Honorable Body authorize the
reduction of the five percent retention, which is presently being withheld from
Nichter Utility Construction Company in the amount of $48,462.07, to a
retention of $5,000.00.
The $5,000.00 retention will be withheld from the contractor until the
pavement restoration in Barker Street is completed satisfactorily.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated January
7, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
reduce the amount of contract retention on the City's contract with Nichter
Utility Construction Company (Contract #91551700 for the Cleaning and Cement
Lining New Watermains in Delaware Avenue from $48,462.07 to $5,000.00.
PASSED.
AYES-12 NOES-0
No.32
VERNON TRIANGLE PARK COST ESTIMATE
ITEM #222, CCP DECEMBER 11, 1990
In response to your request of December 12, 1990, the Department
of Public Works has done a cost estimate to remove the above mentioned triangle
and restore this area to its original condition.
Cost Estimate - $90,000.00 (at 1991 prices)
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.33
CERTIFICATE OF APPOINTMENT
APPOINTMENT TO BECOME EFFECTIVE January 16, 1991, IN THE DEPARTMENT
OF Public Works-DIVISION OF Water, TO THE POSITION OF WATER SERVICE WORKER
PROVlSIONAL AT THE STARTING SALARY OF $ 19.583 Paul M. Kujawski, 22 Ashley
Street Buffalo, New York, 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No.34
Payment to Motorola - Narcotics Radio System
Item #11, Com. 67, C.C.P. 12-26-90
In response to your communication dated January 3, 1991, I submit
the following.
l. The total cost of the encrypted system to be used by the Detective
Division is approximately $128,000.00. This includes 10 new portable radios, 6
converted portable radios, console, repeaters, etc. Additional portable radios
would cost approximately $2,850.00 each. Presently, there are no units
available for adaptation.
2. The present balance of the Trust and Agency account is
approximately $341,357.95.
3. This is a secure voice radio system. There are provisions built
into the system which guarantee it remains secure. There are an infinite
number of encryptions available, codes can be changed on a daily basis if so
desired. Even in the event of a portable radio coming into the hands of a
criminal element, encryptions would be changed rendering the missing portable
radio useless.
Please contact this office with any further concerns.
RECEIVED AND FILED.
No.35
"Rest.-Dancing-3504 Bailey " dba THE LIBRARY
Item # 44-C.C.P. 12/11/90
The attached Buffalo Police Department Intra-Departmental correspondence
from Captain Michael F. Gaspar, Commanding Officer of Pct. # 16 is hereby
forwarded in response to the above-captioned subject.
After reading his report I recommend approval.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.36
"Rest-Dancing-134 Dewey: dba TOUCH OF CLASS
Item # 45-C.C.P. 12/11/90
The attached Buffalo Police Department Intra-Departamental Correspondence
from Captain Michael F. Gaspar, Commanding Officer of Pct. # 16 is hereby
forwarded in response to the above-captioned subject.
After reading his report I recommend approval.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.37
Item #140, C.C.P. January 8, 1991 "Transfer of Police Special Task Force"
This is in response to your above requests and I submit the following:
1. As to whereas #1 and #2, Precincts #8 and #12 have not experienced the
greatest increase in violent crimes. Precinct #8 had an increase of 23% and
Precinct #12 an increase of 14%; compare this with Precinct 14, which had an
increase of 72%, Precinct #7, which increased over 100%, Precinct #9, which
increased 100%, Precinct #10, which increased 32% and Precinct #11, which
increased 96%.
2. Your other whereas states that the so-called Maryland Street Unit is set
up to "combat the drug problem on the West Side", this statement is not
factual. This Detail, which we call the Street Crime Unit, has been working
throughout the entire City for at least six (6) months. They have made 1740
arrests, many on the East Side (Coit Street, Jefferson Avenue, etc.)
3. We plan to soon establish a more permanent Street Crime Unit, which will
concentrate its activities on the East and West Side of the City.
4. Community Policing and/or Foot Patrols could be established if the
Council would alter their 44 man mandate for each Precinct and if the P.B.A.
would agree to One-Man Patrol Units.
5. The violence that the City was experiencing has ebbed since Fall of 1990.
This can be attributed to a number of reasons. One of the primary reasons is
that those responsible for past shootings have been arrested and incarcerated.
The Unit has been identifying gang members and the vehicles they use and have
been stopping these vehicles routinely; this has caused gang members to be
reluctant to carry weapons. The increased number of search warrants directed
at targeted gang members has resulted in an increase in the number of weapons
seized. Additionally, the cold weather has slowed the street activity.
6. The Task Force has conducted the following:
75 Investigations
20 Search Warrants
39 Weapons Seized
32 Arrests of Targeted Individuals
100 Total Arrests
Most arrests were directed at violent gang members.
7. This Task Force will not be abolished.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.38
Item #126, C.C.P. January 8, 1991 "Invest. 1st Night Violence"
In response to the above Item, I submit the following information:
l. There were five (5) crime reports filed at Precinct #3 on January l,
1991, in regards to problems relating to "1st Night Violence".
2. Information from Precinct #3 indicates that a roving gang of 20 to 30
Black youths, some wearing "Los Angeles Raiders" jackets were in the area of
Main Street from Chippewa to Tupper.
3. This gang allegedly intimidated, beat and robbed a number of people on
the street in the Theater District. These bullies accosted only women or men
who were traveling alone except for one case when they jumped two (2) teenage
brothers.
4. At one point, Lt. Michael McParlane of Precinct #3 and some of his men
stopped the Rapid Transit train and apprehended one of the culprits. They also
detained a group of six (6) suspects, but more arrests could not be made
because no one would be a complainant or a witness.
5. At the present time, those victims and witnesses who did come forward are
working with the Detectives from Precinct #3 to try and apprehend these thugs.
To date, one (l) arrest has been made, two (2) other suspects have been
identified and warrants have been obtained for the suspects.
6. The Detectives are in the process of showing 14 pictures of suspects and
we anticipate several more arrests will be made within the next few days.
7. On the night of December 31, 1991 to January l, 1991, there was a total
of 38 Off-Duty Police Officers and Deputy Sheriffs working in the Downtown
area, plus eight (8) Traffic and Tactical Task Force Officers and eight (8)
NFTA Officers, plus six (6) Officers in Precinct #3. This was a total of 57
Officers in this area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 39
Item #145, C.C.P. January 8, 1991 "Police Policies 1st Night Celebration"
In response to #1, the Precinct Station is a building used for
the mustering of the Officers. One person is needed for Desk duty. If the
workload calls for more, the Lieutenant on duty is called in. The Police
Officer on duty notified the Commissioner's Office that she was three (3)
months pregnant and could not take police action. The Officer had not yet
informed her superiors of her pregnancy. The Precinct Captain allowed two (2)
members of the Platoon that were on duty to have a single A.V. day, which cut
the Platoon down to five (5) Police Officers and one (1) Lieutenant.
In years past, this event was trouble-free. Internal security was beefed-up
from 14 to 38; there were eight (8) NFTA Officers assigned to Main Street as
well as eight (8) Traffic and Tactical Patrol Unit Officers and six (6) Police
Officers assigned to Precinct #3. Unfortunately, when the call came out for
assistance on Main Street, due to the large crush of pedestrians, Precinct #3's
vehicle was unable to respond through Main Street and had to go around to Pearl
Street and walk up to Main Street. Even on foot, it was difficult to get
through the tremendous amount of people. Unfortunately, we could not have a
Police Officer covering every inch of the event.
There are two (2) phases of police work; crime prevention and investigating
crimes and coming up with arrests after the fact. Unfortunately, this so-called
"wilding" or "bashing" that took place on Main Street, we were not able to
prevent this incident from happening. Fortunately, through the diligent work
from the Detectives of Precinct #3, we have been able to make one (1) arrest
and there are other arrests to be made; one (1) warrant is presently being
issued and another investigation is nearing the warrant stage.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No.40
PROPOSAL FOR FIREBOAT -
CHANGE OF OPERATING HOURS
Fireboat is now manned twenty-four (24) hours per day seven days
per week.
Proposed:
l. Fireboat will be manned sixteen (16) hours per day seven day per week - two
(2) eight (8) hours shifts, 8 am to 4 pm and 4 pm to 12 midnight, as of
February 4, 1991.
2. There will not be any layoffs of permanent members of the fireboat crew.
3. Thirteen (13) permanent members assigned to the Fireboat will be divided
into two platoons. One platoon of six (6) members and one of seven (7) members.
They will work a five (5) day week and be off two days and then will swing to
the opposite platoon. Members will not all be assigned the same days off to
enable the Fireboat to be manned seven (7) days a week.
4. A call back system to enable the Fireboat to be used in the event of
an emergency from midnight to 8 am will be instituted.
Proposed Savings:
l. By not filling three (3) vacant Marine Oiler positions the Buffalo Fire
Department will realize an annual saving of $134,142 with benefits and a five
(5) month saving for this fiscal year of $55,892. Additional savings in
overtime on an annual basis will amount to $54,000 and for this fiscal year
$22,500.
Total yearly savings will amount to $188,142 and for five (5) months of
this fiscal year $78,392.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No.41
Plans/Specs. -Sail Concession
Bennett Beach
(Item # 26, C.C.P., 118/91)
The above communication and attached request for proposals
(R.F.P.) from the Commission of Parks has been referred to the Parks Oversight
Committee and to this office for an opinion.
Your Honorable Body has the power to enter into a lease for the
operation of Bennett Beach. It would be analogous to the lease recently entered
into with Parker Bay Associates for the operation of the Delaware Park Casino.
If your Honorable Bosy so wishes, you should approve this R.F.P. Any
proposals received by the Commission of Parks pursuant to the R.F.P. will be
submitted to Your Honorable Body for consideration and approval. Any final
lease document would be subject to approval as to form by the Corporation
Counsel.
REFERRED TO THE PARKS DEPARTMENT OVERSIGHT COMMITTEE.
No.42
GENEVIVE JERNATOWSKI
REQUEST SALARY CORRECTION
[ITEM NO. 110, C.C.P., OCT. 30, 1990]
The above item was referred to this office to draft an approving
motion, which is attached hereto for your convenience.
MR. FAHEY moved:
That the Comptroller be, and he hereby is, authorized to pay Genevieve
Jerantowski a salary correction, as recommended by the Commissioner of Public
Works in his communication of November l9, 1990, with the amount attributable
to fiscal year 1989-90 to be paid from "Prior Year Claims", and the amount
attributable to Fiscal Year 1990-91 to be paid by payroll adjustment.
PASSED
AYES-12 NOES-0
No.43
PURCHASE OF TRUSCON PROPERTY AND EXCHANGE OF PORTION OF MARILLA STREET AND
ADJACENT PROPERTY
This is a request for Your Honorable Body to authorize
the Comptroller to purchase on behalf of the City the Truscon property for the
sum of $350,000. In addition, as part of the agreement, the City would also be
transferring to LTV a portion of Marilla Street and attached City-owned
property located north of the South Buffalo Railway right-of-way and southwest
of the Buffalo, Rochester and Pittsburgh Railway
right-of-way.
Previously, Your Honorable Body was advised of a tentative agreement
to purchase the Truscon property for the sum of $350,000. (See Item No. 3l,
C.C.P., July 3l, 1990). An appraisal has indicated a value significantly in
excess of this amount.
Subsequently, LTV has expressed an interest in acquiring a dead-end
portion of Marilla Street west of Hopkins Street and approximately 2.13 acres
of City-owned property north of Marilla Street which is surrounded by LTV
property. The property was formerly a slag pile. LTV wishes to acquire this
parcel for the purposes of remediating the entire parcel in accordance with DEC
guidelines. This property was acquired by the City in foreclosure proceedings
and has not been utilized by the City for many years. In addition, the property
would appear to have little or no value. The City wishes to include this
property in the agreement as an exchange of property pursuant to Section 516 of
the City Charter. The City will benefit by LTV assuming the cost of remediating
the property in accordance with
DEC guidelines.
Therefore, it is requested that Your Honorable Body authorize the
City to enter into the amended agreement to purchase the Truscon property for
the sum of $350,000 and to include an exchange of real property including a
portion of Marilla Street and certain attached City-owned property. In
addition, it is requested that Your Honorable Body abandon the portion of
Marilla Street west of Hopkins Street. A copy of the proposed amended agreement
is attached hereto as Exhibit "l". A copy of the legal description of the
Truscon property is attached as Exhibit "2". A copy of the legal description of
the portion of Marilla Street to be abandoned and transferred is attached as
Exhibit "3". A copy of the legal description of the City-owned property
adjacent to Marilla Street which will also be transferred to LTV Corporation is
attached hereto as Exhibit "4".
REFERRED TO THE COMMITTEE ON FINANCE
No.44
INCREASE IN RENT FOR
ANIMAL SHELTER
[ITEM NO. 56, C.C.P., JAN. 8, 1991]
The above item was referred to the Committee on Finance,
the Comptroller and this Office. It is a communication from the agent for the
landlord of the City Animal Shelter notifying us that the rent is increased to
$3,900 per month, effective January l, 1991.
We understand that this is a 30% increase from the current rent of $3,000
per month. The lease expired December 31, 1990. Therefore, the City is
currently a holdover on a month-to-month lease. Any change in the terms and
conditions of the expired lease would require a new lease, which would have to
be approved by Your Honorable Body pursuant to the provisions of Section 511 of
the Charter, including the requirement of a two-thirds vote. However, if you
refuse to approve the increase in rent, the landlord may avail himself of the
remedies provided in the Real Property Law, including possible eviction
proceedings.
If Your Honorable Body wishes to refuse to honor the rent increase, we
recommend that that fact be communicated to the landlord forthwith.
REFERRED TO THE COMMITTEE ON FINANCE.
No.45
RENEGOTIATE LEASE - NEWSSTAND AT
FILLMORE AND BROADWAY
[ITEM NO.2l, C.C.P., JAN. 8, 1991]
The above item was referred to the Committee on Finance and
this Office. It is a communication from the Comptroller in which he reports
that he has negotiated a new lease with Mr. Allan Robins for a newsstand at the
southeast corner of Fillmore and Broadway.
You have the power to approve such a lease, subject to approval as to form
by the Corporation Counsel before it is executed.
REFERRED TO THE COMMITTEE ON FINANCE.
No.46
0RDINANCE AMENDMENT - CHAPTER 343
PUBLIC PLACES
[ITEM NO. 163, C.C.P., DEC.26 1990]
The above item was referred to the Committee on Legislation,
the Commissioner of Police and to this Office for an opinion.
The proposed ordinance establishes a "curfew" in the City of Buffalo which
would prohibit any person under the age of 17 from being in a "public place"
after 11:00 p.m. on a weekday and after midnight on a weekend. The ordinance
contains certain exceptions for minors accompanied by a parent, guardian or
other adult having care or custody of the minor, for minors on the way to way
to and from work, and to and from certain adult-supervised activities.
Violations of the ordinance are Punishable by fines ranging from $25.00 to
$1,500.00, and by up to IS days in jail.
Any curfew ordinance raises obvious problems regarding important
constitutional rights, among which are freedom of speech, freedom of religion,
freedom to assemble and freedom to travel. It is true that States and
municipalities have somewhat broader authority to regulate the activities of
minors than those of adults. Planned Parenthood v. Danforth, 428 us 52, 74, 96
S.Ct. 2831, 2843, 49 L.Ed.2d 788 (1976). Nevertheless, minors are protected by
the Bill of Rights and the Fourteenth Amendment. In re Gault, 387 U.S. l, 13,
87 S.Ct. 1428, 1436, 18 L.Ed.2d 527 (1967). Their rights include the right to
associate freely for Political, religious, social, legal or economic purposes.
Saywer v. Sandstrom, 615 F.2d 311, 316 (5th Cir., 1980).
A number of municipal curfew ordinances have been litigated in the federal
courts. A few have been upheld, but a number of the more recent decisions have
Struck down such ordinances on equal protection and due process grounds, or
under the legal doctrine of "impermissible overbreadth.'
In Bykofsky v. Borough of Middletown, 401 F.Supp. 1242 (M.D. Pa., 1975),
the court upheld a curfew ordinance. However, that ordinance contained numerous
and detailed exceptions from its scope and the court cited those exceptions as
one of the reasons for upholding the ordinance. Anyone interested in drawing a
curfew ordinance which will pass constitutional muster should read the Bykofsky
decision very carefully, and the exceptions contained in the Middletown curfew
ordinance should be considered a minimum list of the exceptions which would be
necessary in a constitutional ordinance. However, it should be noted that
Middletown is a small town and many of the exceptions which its ordinance
contained would not be Practical in a city the size of Buffalo.
In Johnson v. City of Opelousas, 658 F.2d 1065 (5th Cir., 1981), the
Circuit Court of Appeals struck down a juvenile curfew statute in Opelousas,
Louisiana, on the grounds that it was impermissibly overbroad. The fact that
the ordinance did not contain some of the except ions contained in the
Middletown ordinance was one of the reasons cited in the Court's decision. The
Court said:
"Therefore, this curfew ordinance, however valid might be a narrowly drawn
curfew to protect society's valid interests, sweeps within its ambit a number
of innocent activities which are constitutionally protected. The stifling
effect upon these legitimate activities is overt and is both real and
substantial. Regardless of the legitimacy of Opelousas' stated purpose of
protecting youths, reducing nocturnal juvenile crime, and promoting parental
control over their children, less drastic means are available for achieving
these goals. Since the absence of exceptions in the curfew ordinance precludes
a narrowing construction, we are compelled to rule that the ordinance is
constitutionally overboard. We accordingly reverse the district court's holding
to the contrary."
In McCollester v. City of Keene, 586 F. Supp. 1381 (D.N.H. 1984), a
federal district court struck down a juvenile curfew ordinance in Keene, New
Hampshire, on the grounds that it was impermissibly overboard, and that it
infringed in the privacy and liberty interests of parents by usurping parental
discretion in supervising the child's activities which violated the ordinance.
Finally, in Waters v. Barry, 711 F. Supp. 1125 (D.D.C. 1989), the Federal
Court for the District of Columbia struck down a Washington, D.C. juvenile
curfew ordinance on the grounds that it violated the First Amendment and the
Fifth Amendment due process rights of D.C. juveniles, and that it violated the
equal protection component of the Fifth Amendment by drawing impermissible
distinctions between juveniles and non-juveniles.
In reviewing the proposed Chapter 343 of the City Code of Buffalo, we
find many of the same infirmities which the courts cited in striking down the
curfew ordinances in Opelousas, Keene and Washington.To cite merely a few, the
definition of "public places" contained in the proposed ordinance would
apparently include the sidewalk in front of a juvenile's own house, or the
courtyard of a public housing project; the ordinance would catch within its
sweep a juvenile engaged in interstate travel through the City of Buffalo; and
the exception for church activities extends only to those which are
"adult-supervised."
For these reasons, and based upon our analysis of the courts' reasoning
in the above-captioned decisions, we do not think that the proposed ordinance
would be constitutional.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.47
Acceptance of Easement Agreement 140 Thompson
Our office is hereby requesting approval of accepting
a permanent easement across property owned by Lawrence and Arlene Poitras for
the purpose of construction, repair, renewal and to gain access and continue to
gain access to a City of Buffalo fire hydrant located on the Poitras' property
at 140 Thompson Street, formerly known as 25 Hoffman Street within the City of
Buffalo.
The fire hydrant was installed in 1964 by the Division of Water on
the property of the Poitras'. The placement of the hydrant on this property was
necessary because the limit of the City's right-of-way falls l0 inches behind
the sidewalk, and if the hydrant were installed within this limit, it would
have created an obstacle for pedestrian using the sidewalk. Additionally, the
hydrant could not have been removed without limiting its use altogether. Some
time during this period, a fence was erected which has hampered access to said
hydrant. The Poitras' have now agreed to grant the City a four foot easement on
their property.
We respectfully request your approval of the Easement Agreement
herein.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.48
LOCAL LAW INTRO. NO. l, 1991
TABLED ITEM, C.C.P., JAN. 15, 1991
At the Special Meeting of Your Honorable Body called on January
15, 1991 for the purpose of placing the above-referenced local law on the
table, we were asked to specify the earliest date on which it could be enacted.
Section 20(4) of the Municipal Home Rule Law provides that no local law
shall be enacted until it shall have lain on the table seven (7) days,
exclusive of Sunday.
Section 20 of the General Construction Law provides that the day on which
the local law was laid on the table must be excluded from the calculation.
Therefore, the first day on which the local law could be enacted by Your
Honorable Body would be Wednesday, January 23, 1991.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.49
December 1990 Office Space Inventory
The Division of Planning has conducted its study of downtown office
occupancy rates entitled, Inventory & Analysis of Office Space in the City of
Buffalo Central Business District From 1982 Through 1990, December 1990.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.50
Buffalo Preservation Board Brochure
The Division of Planning has recently completed a new brochure
describing the operations and procedures of the Buffalo Preservation Board. You
will find this an informative discussion of the process we follow to preserve
Buffalo's architectural heritage.
Copies of the brochure may be obtained by calling our Preservation Board at
851-5029/5071.
Received and Filed
No.51
PERMISSION TO APPLY FOR NATIONAL PARK SERVICE GRANT (UPARR)- DELAWARE PARK
I request that Your Honorable Body allow the Department of
Community Development, on behalf of the City of Buffalo, to apply to the
National Park Service for a Grant under the Urban Park and Recreation Recovery
Program (UPARR). The Grant request will be for the rehabilitation of Delaware
Park in the amount of $250,000.; to be matched with $200,000 in a City Bond
Account set aside for this purpose.
Included in the grant will be a new jogging path around the Loop Road plus
renovation and rehabilitation of play areas, picnic facilities, tennis and
basketball courts, baseball diamonds, rose garden, soccer fields, and tree
planting throughout the Park.
REFERRED TO THE COMMITTEE ON FINANCE.
No.52
Permission to Negotiate/Enter Into Contract For Purchase of 1170 Broadway
The Department of Community Development is requesting authorization
for the Comptroller to enter into negotiations for the acquisition of the
Polish Singing Circle Building, 1170 Broadway. Community Development is also
requesting permission to publicly advertise and enter into contract with an
architectural engineering- consultant to prepare plans and specifications for
the proposed building renovations.
The Neighborhood Information Center, Inc. (NIC), a 501(3c) not-for-profit
social service organization serving the needs of the greater east side
community of the City Buffalo, will occupy the building. NIC's specific
services include outreach services to senior citizens, crime victims
assistance, a crime prevention program, casework counseling and emergency food
and shelter to needy clients.
The project will be funded with dollars allocated in the 1 990-1991
Capital Improvements Budget (Neighborhood Info Ctr - Acquisition 1170 Broadway
- $145,000) which will be included in the upcoming bond sale.
MR. FAHEY moved:
That the communication from the Commissioner of Community
Development, dated January 16,1991, be received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into
negotiations for purchase of the POLISH SINGING SOCIETY BUILDING at 1170
Broadway for use by the Neighborhood Information Center, Inc., and that the
Commissioner of Community Development be, and he hereby is, authorized to
advertise for proposals and to engage an architectural and engineering
consultant to prepare plans and specifications for renovation of said building.
Funds for this project are available in the 1990-91 Capital Improvement Budget
(Neighborhood Info Center - Acquisition 1170 Broadway - $145,000).
ADOPTED.
No.53
Funding for Aud/Pilot Field/Rich Stadium
(Item #207, December 11,1990)
Please be advised that in my opinion Mr. Rosenow's response
of December 31, 1990 addresses the relevant issues regarding the above
referenced item.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.54
Thomas Yox - Application to place a non accessory sign at 1203
Perry Street. (Item No. 76, C.C.P., January 8, 1991)
Attached for your information is the Short Environmental Assessment Form 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. 76, C.C.P., January 8, 1991, "THOMAS YOX - Application to
place a non-accessory sign at 1203 Perry Street" 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
FROM THE COMMISSIONER OF STREETS
No.55
EXCESS TRASH FEE - 96 EAST STREET
ITEM #183, CCP December 26, 1990
At 96 East Street, we picked up 8.14 tons of trash and spent thirty
(30) minutes at this location. The total expense was $267.34 for this clean-up.
I am sure that you will agree that eight (8) tons of trash in front of a
residence is excessive and unfair to the neighbors on the street since it is
almost a full truck load and prohibits the crew from covering more area on a
street.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.56
REPORT OF EMERGENCY DEMOLITION OF 95 VIADUCT ELK,
CCP ITEM #80 DATED NOVEMBER 27, 1990
Common Council Proceeding Item #80 dated November 17, 1990 stated
that the cost of the demolition of 95 Viaduct Elk was to be charged to this
department's Capital Outlay Fund 100-241-085-00-900.
In error, the approving motion, C.C.P. Item #133 dated December Il, 1990 stated
that the cost of the demolition was to be charged to the Special Assessment
Fund 500-000- 002-00000.
Please correct the approving motion to read that said cost be charged to this
department's Capital Outlay Fund 100- 241-085-00-900.
MR.FAHEY moved:
That the communication from the Department of Community Development, dated
January 2, 1991, be received and filed; and
That the award by the Commissioner of Community Development of an emergency
contract to MAPLEWOOD, at a cost of $7979.00, relating to the demolition of 95
Viaduct Elk, be, and the same hereby is confirmed, ratified and approved, with
said cost to be charged against Capital Outlay Fund No. 100-241-085-00-900, and
that said cost shall be assessed against the property
benefitted and collected from the responsible party of record
PASSED
AYES-12 NOES-0
No.57
C.C. P. ITEM NO. Ill DATED DECEMBER 11, 1990
COMPLAINTS - 866 PROSPECT AVENUE
With reference to the above subject property please be advised
that the complaint filed by Mr. Robert Schrader regarding this property has
been addressed by this department. An inspection was made on November 26, 1990.
Please refer to the attached letter dated December 14, 1990, in which all
nineteen items of concern have been addressed.
We trust this will satisfy your inquiry.
RECEIVED AND FILED.
No.58
Item #95, C.C.P. 11/27/90, Oppose sale of 292 Masten Avenue
The Department of Inspections and Community Revitalization
views a vacant parcel of land at 292 Masten Avenue, Lot 588, as a key parcel in
the new housing development plans for the Masten district.
As such, the department recommends that 292 Masten Avenue not be sold or
homesteaded unless a plan and available resources exist to develop this parcel
in a manner compatible with new housing activities.
The need for affordable housing in the Masten district is well known and
the expansion of the city's tax base is also very important.
For those reasons, I urge the Council to examine and weigh the best use of
292 Masten Avenue before the property is disposed from the city's inventory.
REFERRED TO THE COMMITTEE ON FINANCE.
No.59
CERTIFICATE OF APPOINTMENT
APPOINTMENT TO BECOME EFFECTIVE 1/15/91 IN THE DEPARTMENT OF INSPECTIONS
AND COMMUNITY REVITALIZATION, DIVISION OF HOUSING AND PROPERTY INSPECTIONS,
SALVATORE P. GALLUZZO, 269 BUSTI AVENUE, BUFFALO, N.Y. 14201, TO THE POSITION
OF BUILDING INSPECTOR, PROVISIONAL, AT THE STARTING SALARY OF $29,641.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.60
Memorandum of Agreement: Local 71
Attached please find a Memorandum of Agreement between the City
of Buffalo and the above-referenced union which provides the following in the
event a member of the Reserves is activated:
1) A continuation of medical and dental insurance coverage for up to six
months.
2) A military leave with pay for up to thirty consecutive calendar days.
A Memorandum of Agreement between the City and the last remaining City
Union will be forthcoming.
Your approval is respectfully requested.
.MR. FAHEY.moved:
That the communication from the Commissioner of Administration and
Finance be received and filed; and
That the Commissioner of Administration and Finance be, and he hereby is,
authorized to execute a Memorandum of Agreement with Local 71, providing for
continuation of certain benefits for union members activated with reserve or
National Guard forces
PASSED
AYES-12 NOES-0
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.61
APPOINTMENT OF MARK H. SKIERCZYNSKI- EXECUTIVE DIRECTOR FOR DIVISION OF YOUTH
PURSUANT TO THE POWERS VESTED IN ME BY ARTICLE 14A, SECTION
285.13
OF THE CITY OF BUFFALO, I HEREBY APPOINT MARK H. SKIERCZYNSKI TO THE POSITION
OF EXECUTIVE DIRECTOR FOR THE DIV. OF YOUTH.
MR. SKIERCZYNSKI HAS SERVED AS CONFIDENTIAL AIDE SINCE FEBRUARY, 1986,
WITH DUTIES OF MANAGEMENT OF SPECIAL EVENTS AND LIAISON ACTIVITIES WITH THE
BOARD OF EDUCATION AND BUFFALO MOVIE BOARD. FROM MARCH 1985 TO FEBRUARY, 1986,
MR. SKIERCZYNSKI HELD THE POSITION OF BUYER IN THE DIVISION OF PURCHASE AND
FROM JANUARY 1984 TO MARCH 1985, THE POSITION OF ASSISTANT TO THE COMMISSIONER
OF GENERAL SERVICES.
MR. SKIERCZYNSKI IS A GRADUATE OF VILLA MARIA COLLEGE AND HUTCHINSON
CENTRAL TECHNICAL INSTITUTE AND IS WITHIN THREE CREDIT HOURS OF A BACHELOR OF
SCIENCE DEGREE FROM MEDAILLE COLLEGE. HE RESIDES AT 474 SOUTH ODGEN STREET
WITH HIS WIFE, KAREN, AND TWO CHILDREN.
BASED ON HIS EXPERIENCE AND SERVICE TO THIS CITY, I FEEL MR. SKIERCZYNSKI
IS WELL QUALIFIED TO HOLD THE POSITION OF EXECUTIVE DIRECTOR FOR THE DIVISION
FOR YOUTH OF THE CITY OF BUFFALO
RECEIVED AND FILED.
FROM THE BUFFALO SEWER AUTHORITY
No.62
Lewis Street Sewer Complaints
Reference is made to your September 10, 1990 correspondence regarding
the above.
Please note that the Buffalo Sewer Authority has evaluated the existing sewer
on Lewis Street, and has further video taped portions of the existing system.
Based on this information, we have concluded that it would be advantageous to
replace the existing sewer on Lewis Street between Clinton Street and Fleming
Street.
Our present schedule calls for designing necessary sewer improvements,
competitive bidding on the project in April, 1991, with construction to begin
in May, 1991.
We will keep you appraised of the progress of the project has it develops.
RECEIVED AND FILED.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No.63
"R. KERN - HUD/BMHA VOLUNTARY COMPLIANCE AGREEMENT" ITEM #86, DECEMBER 26, 1990
The above referenced letter refers to elements of the Tenant Selection
and Assignment Plan (TSAP) that is being developed by the Buffalo Municipal
Housing Authority as part of the Agreement for Voluntary Compliance with Title
VI of the Civil Rights Act of 1964.
BMHA, in order to be in compliance with the provisions of the Agreement for
Voluntary Compliance, must implement the TSAP. It is anticipated that
negotiations with HUD'S Office of Fair Rousing and Equal Opportunity will be
concluded by January 22, 1991, and that implementation of the TSAP will occur
on or about March 1, 1991.
Mr. Kern's analysis of incentive moves available to black families vs white
families is based on vacancies within various Authority developments as of
12/7/90, and may not reflect the actual moves available as of the date of
implementation or thereafter.
Several of the points raised by Mr. Kern have also been raised by BMHA during
negotiations with HUD. The Authority is aware of the potential problem
outlined by Mr. Kern concerning "development incentives" and will be developing
a selection process aimed at minimizing the chances that older, predominately
minority developments are excluded from participation.
Please contact me if you need further information at this time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No.64
Community Wide Urban Renewal Homestead Program Masten New Housing Project Phase
IIC Blueprint Builders, Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Blueprint
Builders, Inc. and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Rearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.65
Virginia Street New Housing Project
Land Disposition Agreement for 364 Virginia Street Anthony Corto, Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Anthony
Corto, and/or a joint venture, partnership, corporation or other legal entity
to be formed as the qualified and eligible Redeveloper for the subject project.
The Agency has also determined that the proposed Land Disposition
Agreement (LDA) negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Amendment to Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.66
Ellicott Redevelopment Project NYR 1-1 and Pratt-Willert Revitalization Urban
Renewal Plan Land Disposition Agreement for 400 Pratt, 243-289 and 357-433
William Street
M. J. Peterson Development Corp., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated M. J.
Peterson Development Corp., and/or a joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject property.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE CITY CLERK
No.67
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL.
I HEREBY INFORM YOU THAT ON DECEMBER 26. 1990 THE COMMON COUNCIL
PASSED THE FOLLOWING ITEM :
SOLICITATION OF FUNDS - N.Y.P.I.R.G.
(ITEM 135, C.C.P. DECEMBER 26, 1990)
WHICH WAS PRESENTED TO THE MAYOR ON JANUARY 3, 1991 AND RETURNED TO THE CITY
CLERK ON JANUARY 14, 1991 WITHOUT APPROVAL OR DISAPPROVAL.
THE EFFECTIVE DATE OF THE ABOVE ITEM IS JANUARY 15, 1991.
RECEIVED AND FILED.
No.68
LEASE PURCHASE OF OPTICAL DISK BASED DOCUMENT IMAGE PROCESSING SYSTEM
THE CITY CLERK'S OFFICE REQUESTS THE COMMON COUNCIL'S APPROVAL
TO: A) LEASE PURCHASE AN OPTICAL DISK BASED DOCUMENT IMAGE PROCESSING SYSTEM AT
AN INTEREST RATE OF 7.89% FOR PUBLISHING, INDEXING AND ARCHIVAL MANAGEMENT OF
THE COMMON COUNCIL PROCEEDINGS AND RELATED RECORDS, AND B) PURCHASE A
"SMARTPAK" CAT SYSTEM TO ALLOW THE COUNCIL AND COMMITTEE REPORTER TO
SYNCHRONIZE HIS OPERATIONS WITH THIS NEW SYSTEM. BY PURCHASING THIS EQUIPMENT,
THE SYSTEM WILL REPLACE AN EXISTING RELIANCE UPON AN OUTSIDE VENDOR FOR
PUBLISHING THE PROCEEDINGS.
MONIES FOR THE OPTICAL DISK SYSTEM ARE AVAILABLE IN THE 1990-91 BUDGET
APPROPRIATION UNDER THE 001-00-540 ACCOUNT SINCE FUNDS WILL NOT BE EXPENDED TO
SECURE THE SERVICES OF AN OUTSIDE PUBLISHER. AVAILABLE FUNDING FOR THE "
SMARTPAK" CAT SYSTEM WILL BE APPROPRIATED FROM THE 001-00-983 ACCOUNT.
MR. FAHEY moved:
That the communication from the City Clerk, dated January 14, 1991, be
received and filed; and
That the City Clerk be, and he hereby is, authorized to execute a
lease-purchase of a optical disc-based document image processing system at an
interest rate of 7.89% for publishing Common Council Proceedings, and to
purchase a "smart pak" cat system to synchronize the Council reporter's
operation with the new system.
PASSED
AYES-12 NOES-0
No.69
NYSDEC- BANK DISTURBANCE PERMIT- TOPS-345 AMHERST
Attached for your information is a copy of the NYSDEC bank disturbance
permit which was granted for the Tops Markets project at 345 Amherst Street.
This permit was approved subsequent to the Council's negative SEQRA declaration
for the project (Item 102, C.C.P. December 11, 1991 - "Council Staff -EAF- Tops
Market Project - 345 Amherst St.")
RECEIVED AND FILED.
No.70
APPOINTMENTS TO THE CHILD CARE TASK FORCE
I TRANSMIT THE FOLLOWING APPOINTMENT TO THE CHILD CARE TASK FORCE:
NAME ADDRESS
APPOINTED BY
BARBARA A. SHAW 56 GAIL AVE. COUNCILMEMBER COLLINS
RONALD EMPRIC L. RUBIN
COMM.
COMMUNITY DEVELOPMENT
MR. FAHEY MOVED TO APPROVE THE ABOVE APPOINTMENTS.
SECONDED BY MRS. LOTEMPIO
ADOPTED.
No.71
APPOINTMENTS TO THE COMMISSION TO STUDY THE REGIONALIZATION OF PARKS
I TRANSMIT THE FOLLOWING APPOINTMENTS TO THE COMMISSION TO STUDY
THE REGIONALIZATION OF THE PARKS.:
NAME ADDRESS
APPOINTED BY
PAMELA A. MEYER 419 PARKSIDE JOEL GIAMBRA,
COMPTROLLER
JOSEPH X. MARTIN 1359 RATH BLDG. DENNIS GORSKI,
COUNTY EXECUTIVE
RICHARD M. TOBE 1053 RATH BLDG. DENNIS GORSKI,
COUNTY EXECUTIVE
SHEILA K. KEE 1603 RATH BLDG. DENNIS GORSKI
COUNTY EXECUTIVE
MR. FAHEY MOVED TO APPROVE THE ABOVE APPOINTMENTS.
SECONDED BY MRS. LOTEMPIO.
ADOPTED.
No.72
APPOINTMENTS TO THE NOISE TASK FORCE
I TRANSMIT THE FOLLOWING APPOINTMENTS TO THE NOISE TASK FORCE:
NAME ADDRESS
APPOINTED BY
MARGARET ANDREWS 197 HIGHGATE COUNCILMEMBER
AMOS
JOHN WALTON 238 OLYMPIC COUNCILMEMBER AMOS
CYNTHIA A. REIF 147 WALLACE APT. Il COUNCILMEMBER
ARTHUR
JAMES B. MILROY 155 MASSACHUSETTS COUNCILMEMBER
ARTHUR
BERNADETTE TOMASELLI 101 ERICSON COUNCILMEMBER
BAKOS
JEANETTE OGDEN 109 PERSHING COUNCILMEMBER BELL
MICHAEL POWERS 376 BRYANT COUNCILMEMBER BELL
DR. BETTY CAPPELLA 35 REVERE COUNCILMEMBER COPPOLA
LAURA WILSON 129 WALLACE COUNCILMEMBER COPPOLA
ED SAUNDERS 253 OLYMPIC COUNCILMEMBER FAHEY
ANGELO THOMAS 56 HASTINGS COUNCILMEMBER FAHEY
MRS. GIANADDA 90 LEXINGTON COUNCILMEMBER PERLA
NICHOLAS CUSTODI 338CONNECTICUT COUNCILMEMBER
PERLA
STEVEN RONSEN 136 BIDWELL COUNCILMEMBER RUTECKI
FRANK PIRACCI DEP.POL.COMM. RALPH V. DEGENHART,
COMMISSIONER
JAMES J. WILLIAMS 95 WINDGATE WILLIAM HOYT,
ASSEMBLYMAN
SHEILA WEIR FRANK SEDITA, CHIEF JUDGE
No.73
AUTOMOBILE TRANSPORTATION ALLOWANCES
THE FOLLOWING DEPARTMENTS HAVE FILED THE REQUIRED COPIES OF CERTIFICATES
RELATIVE TO THE GRANTING OF AUTOMOBILE TRANSPORTATION ALLOWANCES FOR EMPLOYEES
IN THEIR RESPECTIVE DEPARTMENTS:
ASSESSMENT- MARTIN KENNEDY
HUMAN RESOURCES- DIANE HEMPLING
RECEIVED AND FILED.
No.74
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
418 HERTEL RUDE RICKS, LTD. RICHARD K. BUSH
452 PEARL D&J TAKE 2, INC.
1417 GENESEE LAMPLITE INN VERONICA GRAHAM
RECEIVED AND FILED.
No.75
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- DEBBIE CASALI, CARLA ROGERS
PUBLIC WORKS- KATHLEEN CARBOHN
POLICE-JAMES HOWE, MARCIA SCOTT
FIRE- PASQUALE LIBERTI, GREGORY NEBLETT
STREET SANITATION- RICHARD WALCZAK
INSPECTIONS AND COMMUNITY REVITALIZATION- SUZETTE LUONGO
RECEIVED AND FILED
NO.76
REPORTS OF ATTENDANCE
VARIOUS BOARDS ETC.
TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME FROM VARIOUS
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES, REPORTING THE MEMBERSHIP
ATTENDANCE AT THEIR RESPECTIVE MEETINGS:
BOARD OF STADIUM AND AUDITORIUM
BUFFALO SEWER AUTHORITY
CITY PLANNING BOARD
CIVIL SERVICE COMMISSION-2
EMERGENCY MEDICAL SERVICES BOARD
HOME IMPROVEMENT ADVISORY BOARD
ZONING BOARD OF APPEALS
RECEIVED AND FILED
NO.77
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 IN THE DEPARTMENT OF COMMON COUNCIL, RALPH R. HERNANDEZ, 2967
BAILEY AVE., BUFFALO, N.Y. 14215, TO THE POSITION OF INTERN III,
NON-COMPETITIVE, AT THE STARTING SALARY OF $5.00/HR.
APPOINTMENT IN THE DEPARTMENT OF COMMON COUNCIL, EVELYN J. JUNCEWICZ, 371
PECKHAM ST., BUFFALO, N.Y. 14206, TO THE POSITION OF INTERN III, AT THE
STARTING SALARY OF $5.00/HR.
No.78
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.
FROM THE COMMISSIONER OF PUBLIC WORKS
APPOINTMENT TO BECOME EFFECTIVE 1/4/91, IN THE DEPARTMENT OF PUBLIC
WORKS, DIVISION OF BUILDINGS, LAWRENCE L. DOCTOR, JR., 70 HANSEN ST., BUFFALO,
N.Y. 14220, TO THE POSITION OF SECOND CLASS STATIONARY ENGINEER, TEMPORARY, AT
THE STARTING SALARY OF $5.41/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/14/91, IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, JOSEPH L. CARLO, 763 SEVENTH ST., BUFFALO, N.Y. 14213, TO
THE POSITION OF WATER SERVICE WORKER, NON-COMPETITIVE, AT THE STARTING SALARY
OF $6.02/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/14/91, IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, ROBERT J. TUMIEL, 142 INDIAN CHURCH RD, BUFFALO, N.Y. 14220,
TO THE POSITION OF CAULKER, TEMPORARY, AT THE STARTING SALARY OF $18,606.
APPOINTMENT TO BECOME EFFECTIVE 1/9/91, IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, EDWARD B. ELLIS, 347 CUMBERLAND AVE. BUFFALO, N.Y. 14216,
TO THE POSITION OF WATER SERVICE WORKER, PROVISIONAL, AT THE STARTING SALARY OF
$19,100.
FROM THE COMMISSIONER OF POLICE
APPOINTMENT TO BECOME EFFECTIVE 1/15/91, IN THE DEPARTMENT OF
POLICE, MARIE CANE, 220 STERLING AVE. BUFFALO, N.Y. 14216, TO THE POSITION OF
CROSSING GUARD, NON-COMPETITIVE, AT THE STARTING SALARY OF $5.08/HR.
FROM THE COMMISSIONER OF STREET SANITATION
APPOINTMENT TO BECOME EFFECTIVE 1/14/91, IN THE DEPARTMENT OF
STREET SANITATION, THOMAS J. CHROSNIAK, 173 SEARS, BUFFALO, N.Y. 14212, TO THE
POSITION OF LABORER II, SEASONAL, AT THE STARTING SALARY OF $6.65/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/7/91, IN THE DEPARTMENT OF STREET SANITATION,
RICHARD R. MAZUCA, 599 LASALLE AVE. , BUFFALO, N.Y. 14215, TO THE POSITION OF
LABORER II, PERMANENT, AT THE STARTING SALARY OF $8.59/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/7/91, IN THE DEPARTMENT OF STREET SANITATION,
THOMAS M. HUTHMACHER, 88 KENTUCKY ST., BUFFALO, N.Y. 14204, TO THE POSITION OF
TRUCKDRIVER, PROVISIONAL, AT THE STARTING SALARY OF $19,419.
APPOINTMENT TO BECOME EFFECTIVE 1/14/91, IN THE DEPARTMENT OF STREET
SANITATION, MICHAEL P. ALESSI, 233 HAMPSHIRE ST. BUFFALO, N.Y. 14213, TO THE
POSITION OF TRUCKDRIVER, PROVISIONAL, AT THE STARTING SALARY OF $19,419.
APPOINTMENT TO BECOME EFFECTIVE 1/14/91, IN THE DEPARTMENT OF STREET
SANITATION, DAVID H. BAIN, 196 HERTEL AVE., BUFFALO, N.Y. 14207, TO THE
POSITION OF EQUIPMENT OPERATOR, TEMPORARY, AT THE STARTING SALARY OF $19,916.
FROM THE COMMISSIONER OF HUMAN RESOURCES
APPOINTMENT TO BECOME EFFECTIVE 1/3/91, IN THE DEPARTMENT OF
HUMAN RESOURCES, DIVISION OF YOUTH, TO THE POSITION OF ATTENDANT, TEMPORARY, AT
THE STARTING SALARY OF $4.00/HR.
SCHEDULE A
MARY GERACI, 29 ELAN PL., BUFFALO, N.Y. 14214
MURRAY HOLMAN, 33 TOWNSEND, BUFFALO, N.Y. 14206
PAUL KENNON, III 794 E. DELAVAN, BUFFALO, N.Y.14215
JACK LEE TRACY, 660 CRESCENT AVE., BUFFALO, N.Y. 14216
APPOINTMENT TO BECOME EFFECTIVE 1/10/91, IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION OF YOUTH, TO THE POSITION OF ATTENDANT, TEMPORARY, AT THE STARTING
SALARY OF $4.00/HR.
SCHEDULE A
THOMAS CIOCCA, 107 18TH ST., BUFFALO, N.Y. 14213
DAVIS KELLY, 72 WAKEFIELD, BUFFALO, N.Y. 14214
MARQUERITE RICH, 27 NORWALK, BUFFALO, N.Y. 14216
APPOINTMENT TO BECOME EFFECTIVE 1/15/91, IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION OF YOUTH TO THE POSITION OF ATTENDANT, TEMPORARY, AT THE STARTING
SALARY OF $4.00/HR.
SCHEDULE A
YVETTE CASTOIRE, 25 TOWNSEND, BUFFALO, N.Y. 14206
ELLIOTT DOWELL 212 PHYLLIS, BUFFALO, N.Y. 14215
ANTONIO MERCADO, 25 TOWNSEND, BUFFALO, N.Y. 14206
MONIQUE ROLAND, 54 LEMON, BUFFALO, N.Y. 14204
APPOINTMENT TO BECOME EFFECTIVE 1/7/91, IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION OF YOUTH, HENRY DIAZ, 238 W. UTICA ST., BUFFALO, N.Y. 14222, TO THE
POSITION OF YOUTH WORKER, TEMPORARY, AT THE STARTING SALARY OF $4.20/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/10/91, IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION OF YOUTH, TO THE POSITION OF LIFEGUARD, TEMPORARY, AT THE STARTING
SALARY OF $4.33/HR.
SCHEDULE A
REGINA BARRETT, 65 RIVERVIEW, BUFFALO, N.Y. 14210
PAUL FLANAGAN, 43 HAMMERSCHMIDT, BUFFALO, N.Y. 14210
FROM THE COMMISSIONER OF GENERAL SERVICES
APPOINTMENT TO BECOME EFFECTIVE 1/7/91, IN THE DEPARTMENT OF GENERAL
SERVICES, DIVISION OF INVENTORY AND STORES, PAUL E. TARA, 22 OLCOTT ST.
BUFFALO, N.Y. 14220, TO THE POSITION OF LABORER II, SEASONAL, AT THE STARTING
SALARY OF $6.65/HR.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.79
BUFFALO COMMUNITY TELEVISION (BCT)
Attached please find our Addendum to the Proposal for a Public
Access Center for the Common Council of the City of Buffalo which we submitted
on December 10, 1990, in compliance with the RFP issued by the Common Council.
This Addendum is a commentary and budget sketch which addresses the
possibility of an upward revision in the amount of funding available for
operating public access in Buffalo.
Clearly, if the City does find additional financial support, Buffalo
Community Television would be glad to refine its proposal to dovetail with this
alteration.
We are concerned that BCT's proposal for operating Public access has been
shaped to fit the emergency conditions of support level that the City now
offers. Public access will need more money to be stable and work well in the
long run, and any adequate proposal must expect a multi-year fundraising plan
for raising its budget to the area of $ 300,000 - 500,000 per year.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.80
BUFFALO COMMUNITY TELEVISION
MEMBERSHIP QUALIFICATIONS
The following actions were taken by the Board'), Directors of
the Corporation at its meeting held on January 9, 1991.
l. Section 3.2 of Article 3 of the By-Laws was amended to read as
follows:
"3.2. Qualifications for Voting Membership
Voting members shall be those persons who are cable subscribers or others who
reside in the City of Buffalo who yearly:
(a) Contribute $5.00;
'(b) Contribute five hours of volunteer work to BCT;
(c) Take a BCT workshop; or
(d) Make a program for.BCT."
2. Section 5.2 of Article 5 of the By-Laws was amended to read as
follows:
"5.2. Number and Term of Directors.
(a) Number. The Board of Directors shall consist of 21 members, ten of whom
shall be appointed by the City of Buffalo, and certified by the Nominating and
Certification Committee; and eleven of whom shall be elected by the membership
of BCT.
(b) Term. Each director elected or appointed shall serve in office for a
three year term, except for the initial Board of Directors, and until his/her
successor shall have been elected or appointed and qualified. With respect to
the initial Board of Directors: Buffalo community Television
(i) Of those appointed by the City of Buffalo, four shall serve a one year
term, three shall serve a two year term and three shall serve a three year
term.
(ii) Of those elected by the membership of BCT, three shall serve a one year
term, four shall serve a two year term and four shall serve a three year term."
3. The following officers were elected:
President
-
Christine L. Hill
Vice President
-
Akua Xamau
Treasurer
-
Rudolph Dockery
Secretary- Jose Alberto Gomez
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.81
BUFFALO CITIZENS TELEVISION (BCTV)
AMENDMENTS TO BCTV PUBLIC ACCESS BUDGET PROPOSAL
We thank you for the opportunity given to Buffalo Citizens Television
(BCTV) by the Council's Special Committee on Cable TV to answer questions
related to our response to the City's RFP. The central concern at December's
Special Committee on Cable TV interview as well as at last week's Policy Board
meeting was budget matters.
Since the City is in need of an access operator as immediately as
possible, and the Council's own funding process would not allow for contract
commitments to exceed $80,000 at this time, BCTV offers the following as
amendments to its proposal. BCTV is open to accept a contract for the
operation of a "start-up" program at an "interim" office. Our preference for
interim office space would be TCI's LaSalle Street building subject to
negotiations. Our proposed "start-up" budget includes:
Executive Director / Trainer $33,000
Fringe
10,000
Professional Services .5,000
Office Supplies 2,000
Telephone
4,000
Interim Office (rent & utilities) 4,250
Travel / Van Expenses 3,000
Insurance
9,000
Tape
3,000
Maintenance
4,000
Contigency
2,750
80,000
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.82
BUFFALO PLACE INC.
COMMENTS ON EVENTS AT FIRST NIGHT CELEBRATION
My name is Richard T. Reinhard, and I reside at 77 Linwood Avenue
in the Niagara District of the City of Buffalo. I am executive director of
Buffalo Place Inc., the not-for-profit organization that manages a 24-block
business improvement district in downtown Buffalo.
Thank you for inviting me today to address the issue of security at the First
Night celebration in downtown Buffalo on New Year's Eve. There has been much
said and written about the issue, not all of it accurate, and I appreciate the
opportunity to address Common Council directly to set the record straight.
First, I will tell you a little about Buffalo Place Inc. Next, I will talk
some about our history of public events at Buffalo Place over the past four
years. Then, I will tell you about this year's First Night and New Year's Eve
Ball Drop. Finally, I will talk about what I think we need to do to help
ensure that future public events at Buffalo Place are safe and are perceived as
being safe.
First, about Buffalo Place Inc. We were incorporated in 1971 and staffed in
1983 as Downtown Buffalo Management Corporation, our former name. Since
January 1, 1987, Buffalo Place Inc. has managed a business improvement
district, in which 150 downtown property owners pay special charges to Erie
County, which in turn passes them on to us. The special district is one of two
in the city--the other being in the Bailey-Amherst area--one of 30 to 40 in the
state, and one of an estimated 2,000 in the United States and Canada.
Our board of directors is 15 in number: Councilman Pitts, Mayor Griffin, three
other public officials and eight downtown business people.
Over the past four years, while Pilot Field, the Market Arcade Cinemas and many
other new projects have been built, more than 500 public events have taken
place in the transit mall area of downtown known as Buffalo Place:
o Three Western New York Snow Sculpting Competitions.
o Four Imagifest children's festivals.
o 88 Country Markets at Buffalo Place.
o 48 Thursday at Buffalo Place concerts, first in Fountain Plaza, then at
Lafayette Square.
o 180 Lunchertainment noontime gigs in the Theatre District.
o Three New York State Wine Festivals.
o And four Santa's Arrivals and Friendship Tree lighting ceremonies.
All of the above have been produced by Buffalo Place Inc. Also having taken
place downtown over the past four years have been:
o 236 M&T Plaza Event Series performances.
o Four productions of downtown's biggest event, A Taste of Buffalo.
o Three Gospelfests at M&T Plaza.
o Four Curtain Up! grand openings in the Theatre District.
o Three editions of the New Year's Eve Ball Drop and two of First Night.
o And several other events.
Almost all of these events are free. All are open to the public. All are
programmed with the cultural and ethnic diversity of Western New York in mind.
Four years, 500-plus public events, 2.5 million people from varied backgrounds,
and we have had an absolute minimum of serious incidents.
Our relationship with city staff has been nothing short of outstanding over
this four-period. Streets Commissioner Jim Makowski, Parks Commissioner Stan
Buczkowski, Mayoral Aide Mark Skierczynski and Captains Caruso, O'Keefe and
Calvaneso from Police Precinct Three have been as committed to making these
public events work as we have been.
Buffalo Place Inc. believes strongly that public events have been instrumental
in revitalizing downtown Buffalo. In a survey of Erie County residents that
Buffalo Place Inc performed in 1989, 65 percent said downtown was "a fun place
to be," versus only 13 percent who said it was not. Cities from Baltimore to
Portland, Oregon, have discovered the need to celebrate the heart of the city,
and Buffalo certainly is no exception.
Now, about the security at First Night and the New Year's Eve Ball Drop, the
reason why you invited me here today. First, let me identify who produced what
events.
First Night, in its second year, was produced by Western New York United
Against Drug and Alcohol Abuse, a community initiative of the United Way.
First: Night involved arts and cultural events at more than 25 indoor and
outdoor venues throughout downtown, from 5 p.m. to 11:15 p.m. Organizers have
reported to me that they hired 16 off-duty sheriff's deputies for security, and
all worked until at least 11:15 p.m. In addition, property owners at many
venues had their 'own security on duty.
The New Year's Eve Ball Drop, in its third year, was produced by 97 Rock,
WGR-FM, a local radio station. The Ball Drop involved, just that, a large,
illuminated ball dropping from the top of the Niagara Mohawk building at
Roosevelt Plaza, as well as on-site musical entertainment. The Ball Drop
programming began at about 11:15 pm. and was completed by about 12:15 a.m. on
New Year's Day. Organizers have reported to me that they hired 19 off-duty
Buffalo police officers, 18 of whom worked until 1 a.m.
The last information, that is, that 18 off-duty police officers worked at the
New Year's Eve Ball Drop until 1 a.m., is contrary to earlier published reports
in The Buffalo News. The reporter asked a First Night spokesman how many
security guards they had hired and until what time they had worked. The
spokesman responded 15 and until 11:15 p.m. Unfortunately, the reporter did
not ask Ball Drop organizers the same question and, equally as unfortunately,
the First Night spokesman did not add that Ball Drop organizers had hired
security as well.
While any mugging is one too many, we are glad that the primary mugging victim
on New Year's Eve was not seriously injured and was treated and released from
the hospital.
Finally, what I think we need to do in the future. First, what we do not need
to do. We do not need to overreact. Cars get stolen at the Walden Galleria.
Thugs fight at Rich Stadium. Joggers get molested on paths in Amherst. And,
yes, despite everyone's best efforts at revitalization, people unfortunately do
get mugged sometimes in downtown Buffalo. That is not to make light of any
mugging. We treat every incident seriously. It is just to state a fact.
Second, we need to be careful about how we program public events downtown.
Buffalo Place Inc. is proud of its track record in promoting diverse ethnic and
cultural entertainment and activities at the public events that we produce.
But we always are careful to ensure that our public events always maintain an
atmosphere of civility, calm and fun, not an atmosphere of raucousness, tension
and excitement. Programming downtown public events is an art, and I think we
have learned our lessons well over the past four years. Our knowledge probably
could be put to better use.
Third, we need to pay more attention to the issue of privately hired security
at public events. We have paid serious attention to such security in the past,
but, in light of the public's confidence having been shaken on New Year's Eve,
we need to have an even sharper focus. For Buffalo Place Inc.'s next event,
the Western New York Snow Sculpting competition, to be held February 1-3, we
have hired more security than at last year's event, which, by the way; was
wonderful and incident free.
Fourth, and finally, I think we do need more visible police protection on the
streets of downtown Buffalo, at least on an experimental basis. Not everywhere
downtown at all hours of the day and night, but in the Theatre District the
nights of many events, at the foot of Main Street the nights of sporting events
and concerts, in the office districts during morning and evening rushes and at
lunchtime, around the Convention Center and hotels during major conventions
and, yes, during major public events.
Again, I was to emphasize that our relationship with the captains of Police
Precinct Three has been outstanding. They are forced to operate under severe
budget constraints, just as we are when it comes to maintaining the downtown
area.
But, through my affiliation on the board of directors of the International
Downtown Association, I have learned that many cities have made effective use
of foot patrols, bicycle patrols, communications networks with private security
and many other programs to enhance downtown security and, just as important,
people's perceptions of downtown security. The Buffalo Place Inc. staff would
be pleased to work with Common Council, the city administration, the Niagara
Frontier Transportation Authority and other organizations on any program that
would help.
Again, I want to thank you for inviting me here today to share my thoughts with
you. I would be glad to answer any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.83
BUFFALO SABRES
ARENA FEASIBILITY STUDIES
Thank you for the copy of the Common Council resolution dealing
with an arena feasibility study, item 233, dated December 11, 1990. We are
appreciative of the close and responsible attention the Council continues to
give to this matter.
The Sabres are pleased to respond that, concurrently with the adoption of
your resolution, and in line with the request addressed to the Sabres, we have
taken the following steps:
l. We have retained the well-known and leading architectural firm of Ellerbe
Becket, in association with Cannon Design of Buffalo, to prepare conceptual and
preliminary design drawings of the proposed new arena keyed to each of the
proposed sites. This will make possible a more accurate estimate of the cost
of construction.
2. We have retained the nationally-known accounting firm of Ernst & Young to
prepare a feasibility study which will analyze the economic impact of the
proposed new facility on the community and the revenue generation and other
financial aspects of the operation of the proposed new facility at each of the
sites; and
3. We have instructed our financial consultant, Mr. Sam Katz of Public
Financial Management, Inc., (with whom the Council Task Force has met) to
proceed promptly, as he receives additional information from the work developed
by the architects and accountants, to finalize his recommendation of the
financial plans for acquisition and operation of the new arena.
These studies are being obtained at the Sabres' own expense
We note that the last sentence of the resolution calls for a report from
Development Downtown, Inc. and the Buffalo Sabres "as to the Sabres'
feasibility to finance a new arena". We assume what is meant here is the
feasibility of the Sabres' plans for the financing for the new arena, from
whatever sources we or our consultants recommend. We assume that our joint
efforts will be to find that combination of public and private investment (in
which the Sabres will participate) which will provide a first-class facility on
a basis which will be in the interests of all concerned.
We will be communicating with you as these matters develop. In the
meantime, we are glad to see that the site selection process will continue to
go forward and that the steps in the timetable for 1991 will be accomplished,
so that acquisition of complete control over the project site will be obtained
by March l, 1992 as required by the Interim Lease.
REFERRED TO THE TASK FORCE ON STADIUM-AUDITORIUM.
No.84
COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED INC.
REQUEST TO OBTAIN TITLE TO 1420 MAIN
WHEREAS, Community Services, working with a group of disabled
individuals who are interested in converting 1420 Main Street, formerly Engine
No. 16 into wheelchair-accessible housing units. Community Services, as a
not-for-profit incorporation, has agreed to serve as a funding conduit for such
a housing project. Preliminary discussions with the Department of Inspections
and Community Revitalization, regarding possible government funding sources for
this project have begun.
WHEREAS, the former Engine No. 16 Fire House is no longer being used by the
City of Buffalo Fire Department. The building has very good potential for
conversion to housing for disabled individuals due to it's central location,
proximity to NFTA Rapid Transit and sound construction.
THEREFORE, Community Services would be interested in accepting ownership of the
building from the City of Buffalo. Please advise Community Services of the
possibilities of using this building as described, and any actions which we
must take to secure ownership of the property.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE ADVOCACY
COMMISSION FOR PEOPLE WITH HANDICAPPING CONDITIONS.
No.85
MARCELLA CRICIONE
REIMBURSEMENT FOR SICK TIME USE DUE TO FALL
ON THURSDAY JANUARY 10, 1991, I LEFT CITY HALL FOR MY LUNCH BREAK.
WHILE WALKING THROUGH NIAGARA SQUARE, AT APPROXIMATELY 12:14 P.M., I SLIPPED
ON THE UNSALTED ICY WALKWAY, FALLING ON MY BACK.
WHEN I FELL, I BRUISED BY BACK AND HEAD. NOT SERIOUSLY INJURED I WAS
ESCORTED TO THE BUILDING SUPERINTENDENT'S OFFICE WHERE AN ACCIDENT REPORT WAS
FILED. I THEN WENT HOME SICK FOR THE REMAINDER OF THE DAY.
THEREFORE, I AM REQUESTING YOUR HONORABLE BODY TO REIMBURSE ME FOR THE
ONE-HALF SICK DAY I HAD TO USE OR RE-INSTATE THE ONE-HALF SICK DAY TO MY TIME
AVAILABLE.
THANK YOU IN ADVANCE FOR YOUR TIME AND CONSIDERATION.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
No.86
DEVELOPMENT DOWNTOWN, INC.
Approval of Use of Former Trust Funds to Accelerate Construction of a City-Wide
Early Childhood Education Facility at the Former Stadium Parking Lot
Some months back, Mayor Griffin proposed a plan to School Superintendent
Albert Thompson to locate the Board's City-wide Early Education Facility at the
7.6 acre former site of the War Memorial Stadium parking lot (see Attached
Project Description). This proposal would have a major impact on attracting new
housing developments to the adjacent neighborhoods.
Under the Mayor's proposal to accelerate this much needed school, the
Board of Education would receive a grant of $1.3 million from UDAG repayments
held by Development Downtown, Inc. to purchase the site and start architectural
work on the building. This action would move up the completion date of this
facility to late 1993. Buffalo's school buildings average 63 years in age, and
sharp increases in enrollment have driven the Board of Education to lease 165
classrooms in older non-public buildings and to purchase portable classrooms.
School Superintendent Thompson has stated that since the site is much
larger and more centrally located than others considered, it would lend itself
to a three wing facility in a campus like setting. As envisaged by Mr.
Thompson, the Early Childhood Facility would be built for very young children
residing throughout the City who are in pre-K through second grade, with three
distinct pods housing classrooms for 600 children each. The facility would
come equipped with a pool and gymnasium which would be open for neighborhood
use much like the Waterfront School's facilities.
Mayor Griffin has also proposed, and the Board has agreed to consider,
assuming the operational responsibility for the 10 acre $6.9 million Outdoor
Amateur Athletic Facility to be built across the street. The outdoor facility
consists of football, soccer, baseball, and track facilities on the former
stadium site. In combination with the new school, the entire 17.6 acre site
could serve as a central campus facility exceeding the attractiveness of any
suburban public school campus.
School Superintendent Thompson has stated that a combined campus facility
(combining three 600 student wings) will save both operating and capital costs.
It will also advance the City's model integration plans by providing a very
attractive facility that parents will strongly seek to enroll their youngest
children in.
An engineering assessment of the site was completed by Trautman
Associates for BEDC. Due to pre-existing uses, the topography, and size and
location, Trautman recommended either institutional or industrial/commercial
re-use. At the request of the Board of Education, a conceptual layout of a 72
classroom school was prepared which confirmed that the school could easily fit
on the site (see attached Project Description)
. On November 15, 1990, a public hearing was held by the Board of Education
on the school construction proposal. Previously, October 24, 1990, the Board
of Education voted to acquire the site, accept the conditional grant of funds
from DDI, and otherwise approved the proposal contained in the Mayor's letter
to the School Superintendent dated 8/13/90 (see Attached).
Description of the Transaction
Late in 1986, Goldome prepaid their UDAG loan, of which $1,000,000 was
set aside in a Trust Account by Development Downtown, Inc. for "costs incurred
in connection with the redevelopment of the War Memorial Stadium site." Since
that date, approximately $300,000 in interest has accrued resulting in a total
of $1,300,000. On December 31, 1990, the Trust terminated and the funds were
returned to DDI with the provision that the funds be "used for neighborhood
purposes with the approval of the Mayor and the Common Council."
The Mayor is proposing that DDI make a grant of $1,300,000 to the School
Board. Of this amount, $300,000 would be used to purchase the site, and
$1,000,000 would be used by the School Board to hire architectural and
construction management firms. The subsidy for design services would offset
probable construction premium costs expected due to topography and underground
foundations.
The Board of Education expects to request significant construction funds
for the facility in the 1991-92 capital budget. The Mayor has stated that such
a request will receive serious consideration by his office.
Development Downtown, Inc. requests Your Honorable Body to authorize the
use of $1,300,000 from the Former Trust Fund held by DDI to make a grant to the
Buffalo Board of Education for acquisition of the 7.6 acre site at Jefferson
and Best and for architectural and pre-construction services by the Board of
Education relating to an Early Childhood Education facility expected to cost in
excess of $15 million, and presently scheduled for completion in 1993.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF EDUCATION.
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- ARTHUR- 1
No.87
FIRST NIGHT BUFFALO
FIRST NIGHT CELEBRATION
On behalf of First Night Buffalo, we appreciate the Common Council's
attention to the isolated incidences in downtown Buffalo on January 1, 1991. We
share your concern about safety in the streets for First Night celebrants.
First Night Buffalo was established in 1989 and is one of sixty First Night
cities throughout the United States and Canada. First Night is a
community-wide, drug and alcohol-free downtown New Year's Eve celebration of
the arts.
In preparation for producing this event, we established a Steering Committee of
community leaders which met on October 1 and December 4 (Attachment A). Also,
there was a Local Organizing Committee that began planning in May and met
monthly beginning September 11. This group was comprised of volunteer 'chairs
of the Arts Committee, Atmosphere Committee, Operations Committee, Volunteer
Committee, Marketing Committee, Button Sales Committee, Procession Committee,
WGR representative, Buffalo Place representative, Stop-DWI representative and
WNY United representative (Attachment B).
Under the Operations Committee there was a subcommittee regarding security and
as producer, I handled our requests to the city. The process began with
requesting the city's approval on a special events application. Under need
police security, I checked yes and communicated the location "in and around
Buffalo Place - high visibility re: streets". On March 8, 1990 I received
approval from the city stating that "all internal security and clean up costs
will be the responsibility of your organization". Then, the First Night
subcommittee on security proceeded with establishing a game plan for security
inside all First Night sites. Under the volunteer leadership of Michael Licata
from the Erie County Sheriff's Department, a First Night internal security
force of 18 security officers was hired. Also, we hired building security at
Erie Community College, Ellicott Square and Shea's Buffalo. Plus we received
donated building security services at The Buffalo Christian Center, The Buffalo
& Erie County Public Library, Erie County Rath Building, General Cinema Market
Arcade, Goldome and Main Place. These officers were on duty until their sites
ended performances, all volunteers left and the sites were locked up.
My communication with city officials continued via a memo l sent on December 7
outlining areas of mutual concern. This included our compliance with a $5,000
property damage bond, certificate of additional insured, police, emergency
medical services, restroom facilities, site maintenance, vendors, signage,
procession and lights. I followed-up with a phone call and was assured
everything was in order and a meeting was not necessary.
On December 31, 1990, First Night performances ended officially at 11:15 pm.
The reports from all our internal security forces were very positive. First
Night was enjoyed by thousands of people, who chose to celebrate New Year's Eve
in a drug and alcohol free environment.
Throughout the entire planning process, First Night was in close communication
with the organizers of the 97 Rock Ball Drop and Fireworks display. Regarding
security, they have reported to me they hired 19 off-duty Buffalo police
officers, 18 of whom worked until 1:00 am.
In a small way First Night is making a difference in the war against drug and
alcohol abuse. We are committed to continue to work with you, the city
administration, NFTA and other organizations on efforts that address the safety
of downtown Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.88
I don't know how soon the Council committee will be working on
the legislation regarding rental properties, but I want to get my ideas to you.
This will greatly affect our church, since the church owns 5 rental units in 3
buildings.
It sounds like the intent of this legislation is two-fold. It is designed
to make money for the city, and cause landlords to keep their property in good
repair. If this is true, then you don't want to use this legislation to
penalize landlords who do keep their property in good repair.
Therefore, keep the initial cost to the owner down-no application fee,
just a license cost; and no inspection fee, just a penalty for infractions. In
other words, possibly the inspector will say, "the stairs need to be repaired,
you have 2 months to bring it into compliance; if not it will be a $100.00 fine
for each month, thereafter."
I'd like your response.
RECEIVED AND FILED.
No.89
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
MAINTAIN RAILROAD ROW'S IN CITY
This letter is in response to the Common Council's December Il,
1990 resolution entitled "NFTA Maintain Former RR ROW's located in the City of
Buffalo".
Please be advised that the NFTA intends to include sufficient funds in
our fiscal year 1991-92 operating budget to enable us to secure the services of
an outside contractor to perform the required clean-up and maintenance of the
railroad right-of-ways located in the City of Buffalo. The work will be
publicly bid shortly after the budget is adopted and will be scheduled to be
performed in spring of early summer.
If further information is needed, please feel free to contact me.
RECEIVED AND FILED.
No.90
NIAGARA MOHAWK POWER CORPORATION
MODIFY AGREEMENT PRIOR TO EXECUTION
The above Agreement between the City of Buffalo and Niagara Mohawk
was approved by the Council on December 26 and forwarded to Niagara Mohawk by
Council Staff under cover of December 28, 1990. A review of the Resolution by
Niagara Mohawk indicates that it is in compliance with the understanding that
has been reached between Niagara Mohawk representatives and Councilman Fahey
and others on behalf of the City. For purposes of clarification, Niagara
Mohawk requests that Paragraph l) of the Agreement he amended to read as
follows:
1) Niagara Mohawk will cease the handling, storage and shipment of PCB wastes
in the Dewey Avenue PCB storage facility eighteen (18) months from the granting
of the proposed 373 hazardous waste management permit by the NYS Department of
Environmental Conservation (DEC), except as set forth in Paragraph 2) below.
Niagara Mohawk will be pleased to execute a copy of this agreement, as so
modified, at such time as it may be submitted to us by the City.
We appreciate your efforts and consideration throughout this matter.
MR. FAHEY moved:
That the communication from Niagara Mohawk Power Corporation dated
January 8, 1991 be received and filed; and
That the Mayor be and he hereby is authorized to execute an amended
agreement with Niagara Mohawk regarding the operation of Niagara Mohawk's PCB
Storage Facility on Dewey Avenue, incorporating the amending paragraph
specified in the above communication.
PASSED
AYES-12 NOES-0
No.91
NIAGARA MOHAWK POWER CORPORATION
STATUS- CITY PARTICIPATION IN DEWEY AVE. CLEAN UP PROJECT
Enclosed please find a copy of an agreement which is the basis
for the City of Buffalo's withdrawing as a party in the above noted matter.
Since the only ruling made to date was in regards to granting the City,
Niagara Mohawk and the Department party status, having the City withdraw as a
party and thereby not offering any issues for your consideration, should
complete the record.
Needless to say the City would request the Department to modify the term
of the permit to conform to the eighteen months allowed for permitted
operations per the Agreement.
I want to thank you and The Department staff for the cooperation and
consideration shown in bringing this to a successful resolution.
RECEIVED AND FILED.
No.92
BENEDICT PERRONE
INTEREST IN PURCHASING 1416 MAIN (FIREHOUSE)
I would like to express my interest in purchasing the abandon
firehouse at 1416 Main Street, Buffalo. My intentions are to use this space for
a Graphic Arts Studio and a residence. Please let me know if this is possible
and advise me of what I should do to complete this purchase.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No.93
PUBLIC ACCESS POLICY BOARD
BOARD POSITION ON PUBLIC ACCESS OPERATOR ISSUES
Per your very reasonable request, I introduced your resolution
for consideration at the Public Access Policy Board meeting of January 3, 1991.
In addition I circulated copies of Sam Houston's response, dated Jan. 2.
The Board decided that any formal response to your proposal was inappropriate
at that time. I spoke at length in support of the concepts contained in your
resolution, and of the need for the Policy Board to take an official position.
I discussed PEG, franchise fee, and the $80,000 provided yearly by TCI. I
asked the Board to let me draft a letter to the Council indicating our position
regarding these matters. I did, and presented this letter at the Board meeting
of January 10, 1991. A copy of the draft of this letter is appended.
Again, the Board overwhelmingly indicated that any action on our part regarding
these issues was inappropriate. "It is the wrong time," and %the letter is too
specific" were repeated comments.
While I personally disagree with the Board, vehemently, it is my job as CEO to
carry out the wishes of the Board. Go figure.
It must be noted that the Board's recommendation for a Public Access Operator
has indicated their ability to operate on an $80,000 yearly budget, during the
first year. Indeed this is one of the factors that contributed to the
selection.
I must emphasize that while the Board is unwilling to make a recommendation
regarding your resolution at this time, it is unanimously recognized that more
money would mean a better program. The draft of my letter, while not endorsed
by the Board, outlines the foundation of my thinking on the matter.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.94
PUBLIC ACCESS POLICY BOARD
RECOMMEND AGREEMENT WITH BUFFALO COMMUNITY TELEVISION FOR PUBLIC ACCESS
OPERATOR
At the Buffalo Public Access Policy Board meeting of January 10,
1991 the Board voted 10 to 1, with one abstention, to recommend that the City
negotiate an agreement to operate the public access center with Buffalo
Citizens Television.
We would be pleased to discuss our recommendation with the CATV committee
or the full Council at your convenience.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
PETITIONS
No.95
P.V.S. CHEMICALS INC., OWNER, PETITION TO USE 55 LEE STREET TO ERECT A MASONRY
BUILDING FOR THE MANUFACTURE OF AMMONIUM THIOSULFATE.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.96
ALLAN RYBAK, AGENT, PETITION TO USE CARVEL PROP. AT 150 BAILEY AVENUE FOR USED
CAR SALES.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.97
GREAT WESTERN CAPITAL CORP., OWNER, PETITION TO USE 3362 MAIN STREET TO ERECT
AN ILLUMINATED POLE SIGN AND REPLACE AN EXISTING WALL SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CLAIMS COMMITTEE
HON BRIAN M. HIGGINS
CHAIRMAN
No.98
PERSONAL INJURY
A1. PAUL T. JARRETT VS. CITY OF BUFFALO et al
$ 7,500.00
That the above item be and the same is hereby TABLED.
ADOPTED.
No.99
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. JOSEPH L. BARTOSIK
Claim for damage to claimant's personal property as a result of a diseased
City elm tree at 472 McKinley Parkway. $1,307.52
B 2. RITA CHRISTOPHER
Claim for property damage at 1004 Fillmore Avenue .$2,200.00
B 3. CARL A. DeSALVO
Claim for damage to eyeglasses when the claimant while performing his
City duties in the Department of Public Works/Water. $178.00
B 4. ILENE GELBER
Claim for damage to claimant's 1991 Mercedes while parked in Prospect Park by a
City employee cutting grass with a push lawn mower.
$287.71
B 5. JOSE MARINO ad SETON OPTICAL COMPANY, INC.
Claim for damage to Firefighter Marino's eyeglasses while fighting a fire.
$145.00
B 6. RAY M. NAPPA and MAGAVERN & MAGAVERN As Attorney
Claim for reimbursement due to the loss of the claimant's motorcycle, together
with a "wind-bracer" and two motorcycle helmets which were impounded by the
Police subsequent to claimant's arrest in Cazenovia Park on September 13,1987.
$
1,000.00
B 7. NEW YORK TELEPHONE COMPANY and EDWARD C. COSGROVE as Attorney
Claim that City of Buffalo Division of Water employee while excavating to
repair a water leak located at the intersection of Hertel Avenue and Military
Road, damaged the Hew York Telephone Company's underground cable facilities.
$1,591.84
B8. ANN MARIE NICOMETI M/N/G of ANGELA NlCOMETI an Infant
Claim for damage to eyeglasses of Miss Nicometi while she was performing her
duties as an employee of the Mayor's Summer Youth
Program.
$117.00
B9. NORSTAR BANK, H.A.
Claim for the sale of a vehicle by the City at auction. $688.00
B10. OCCHINO TOWING, INC.
Claim for damage to tow truck tires of claimant while performing duties for the
City at the Impound Garage at 189 Tonawanda Street.
$344.50
B11. MICHAEL SMITH
Claim for damage to Lieutenant Smith's vehicle, a 1987 Buick, while it was
parked in the police garage at Precinct #8. $555.12
THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE CLAIMS
That checks be drawn on the account of 81-2 General City Charges
1O0-812-0O~0O-8O9 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES-12 NOES-0
No.100
MISCELLANEOUS
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C 1. MATTHEW BENDER COMPANY, INC.
Claim for services rendered to the Department of Law in a prior fiscal year.
$103.10
C 2. BUFFALO CARDIOLOGY & PULMONARY ASSOCIATES, P.C.
Claim for services rendered to two Police Officers, THOMAS MASTERSON and ALBERT
KASPRZAK who were injured in the line of
duty in a prior fiscal year.
$6,433.38
C3. GLEASON'S NURSERY, INC.
Claim for services rendered to the Department of Parks in a prior fiscal year.
$5,822.98
C4. MAPLE-GATE ANESTHESIOLOGISTS
Claim for services rendered to Firefighter, PHILIP WINGENBACH who was injured
on duty and required medical treatment in a prior fiscal year.
$697.00
C5. MILLARD FILLMORE SURGERY
Claim for services rendered to retired Firefighter, EMMETT O'LEARY, who was
injured on duty and requires continuing treatment. The services were performed
in the past fiscal year. $1,441.50
C 6. MONROE ABSTRACT & TITLE CORPORATION
Claim for services rendered to the Department of Law in the past fiscal year.
$105.00
C 7. MONROE ABSTRACT & TITLE CORPORATION
Claim for services rendered to the Department of Law in the past fiscal year.
$700.00
C8. DAVID W. PAGE WITHDRAWN
C9. SOUTHWESTERN ENVIRONMENTAL, INC.
Claim for services rendered to the Department of Inspections and
Community Revitalization in the past fiscal year.$ 12,500.00
C 10. TICOR TITLE GUARANTEE COMPANY
Claim for services rendered to the Department of Law in the past fiscal year.
$195.00
C 11. TRI-STATE SUPPLIES, INC.
Claim for services rendered to the Department of Parks in a prior fiscal year.
$182.65
C 12. UNIVERSITY RADIOLOGY AT E.C.M.C
Claim for services rendered to Firefighters, WALTER DAVIS and JAMES GAINES who
were injured on duty and required medical treatment in the past fiscal year.
$114.94
THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE
CLAIMS.
That checks be drawn on the account of 81-2 General City Charges
100-812-O00-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES-12 NOES-0
No.101
MISCELLANEOUS REFUND
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1. NATIVITY OF THE BLESSED VIRGIN MARY ROMAN CATHOLIC CHURCH
Claim for a refund resulting from the cancellation of a Bingo license in a
prior fiscal year.
$175.00
D2. SOUTH BUFFALO AUTO PARTS
Claim for reimbursement for expenses incurred from the purchase of a 1986 Sable
at an auction at the Buffalo Impound Garage.
$2,500.00
THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE
CLAIMS.
That, checks be drawn on the account of 81-2 General City C~~
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES-12 NOES-0
No.102
MISCELLANEOUS PAYROLL
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E1. NICHOLAS BONGIOVANNI
Claim for longevity pay not received by the claimant, an employee of the
Department of Street Sanitation. He is entitled to same per the provisions of
the contract with Local #264. There is no Insurance Company involved in the
settlement of this claim. $384.93
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and of the proper releases and closing papers.
PASSED
AYES-12 NOES-0
No.103
J. DAVIS//CAR DAMAGED BY FALLING BRANCH
(Item # F-l JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.104
CLAIMS COMMITTEE REPORT
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
F2. JUAN B. NEGRON
ITEM NO. 53, C.C.P., SEPTEMBER 18, 1990
The above Item was referred to the Claims Committee.
While performing job related duties for the City of Buffalo his vehicle was
damaged. There is no Insurance Company involved in the settlement of this
claim.
$28.03
That checks be drawn on the account of 81-2 General City Cues
100-812-OOO-0O-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES-12 NOES-0
No.105
CLAIMS COMMITTEE REPORT
F 3. RUSSELL A MOTT
ITEM NO. 147, C.C.P., SEPTEMBER 5, 1989
This is a claim protesting the 1988-1989 City Tax assessed for new sidewalks
and driveway approach at 170 Congress Street.
MR. HIGGINS moved:
The approval of the claim for the removal of the local tax assessment in the
amount of $419.18 -us interest. That the same is hereby striken from the Tax
Assessment roll together with accrued interest.
PASSED
AYES-12 NOES-0
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.106
SALARY ORDINANCE AMENDMENT
70-0 Department of Street Sanitation
(Item No. 215, C.C.P., November 27, 1990)
(Item No. 102 C.C.P. December 26, 1990)
That the Salary Ordinance Amendment as contained in Item No. 215,
C.C.P., November 27, 1990, be, and the same hereby is returned to the Common
Council without recommendation.
MR. PITTS MOVED
That the above item be and the same is approved.
PASSED
AYES-12 NOES-0
No.107
LOCAL 264/INFORMATION-SALARY ORDINANCE AMENDMENT-STREETS
(Item # 87 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED.
No.108
APPOINTMENT
STREET SANITATION//EQUIPMENT OPERATOR
THAT COMMUNICATION NO 59 DEC 26 1990 BE RECEIVED AND FILED AND
THE PERMANENT APPOINTMENT OF MICHAEL J. DZIAMSKI STATED ABOVE AT THE
INTERMEDIATE SALARY $20,532.00 EFFECTIVE ON DEC 26. 1990 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0
No.109
NOTICES OF APPOINTMENTS (C.CLERK)
(Item # 69 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.110
AUD CLUB LEASE EXTENSION//ERIE BASIN MARINA (PW)
(Item # 36 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE ERIE BASIN MARINA LEASE COMMITTEE..
ADOPTED
No.111
AUD CLUB//RENEW LEASE-ERIE BASIN MARINA
(item # 95 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE ERIE BASIN MARINA LEASE COMMITTEE..
ADOPTED
No.112
AUD CLUB LEASE RENEWAL (CC)
(Item # 36 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE ERIE BASIN MARINA LEASE COMMITTEE..
ADOPTED
No.113
AUD CLUB//INCREASE IN 1991 SLIP RENTALS-EBM
(Item # 58 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE ERIE BASIN MARINA LEASE COMMITTEE..
ADOPTED
No.114
INCREASE IN SLIP RENTALS-MARINA (CC)
(Item # 62 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE ERIE BASIN MARINA LEASE COMMITTEE..
ADOPTED
No.115
TRANSFER OF FUNDS: BOARD OF PARKING
(Item No. 12, C.C.P., December 11,
1990)
That the Mayor and Comptroller be, and hereby are, requested to
submit a transfer per the communication of the Board of Parking.
ADOPTED
No.116
COLLECTION AGENCY APPLICATION FOR TRW
RECEIVABLE MANAGEMENT SERVICES, INC.
(Item No. 34, C.C.P., December 26, 1990)
That the Director of Licenses be, and he hereby is, authorized
to issue a Collection Agency License to TRW Receivable Management Services,
Inc., 50 Salem Street, Lynnfield, Ma. 01940.
MR. COLLINS NOW MOVED THAT THE ABOVE ITEM BE RECOMMITTED TO THE COMMITTEE ON
FINANCE.
ADOPTED.
No.117
PERMISSION FOR FIRE DEPARTMENT TO ABANDON
ENGINE COMPANY 16, 1420 MAIN STREET
(Item No. 32, C.C.P., November,13, 1991)
That the Commissioner of Fire be, and he hereby is, authorized
to abandon the building at 1420 Main Street formerly housing Engine Company 16,
and that said building and real property be turned over to the Division of Real
Estate for abandonment and sale.
PASSED
AYES-12 NOES-0
No.118
DISPOSAL OF ENGINE #16 PROPERTY/1420 MAIN (FIRE)
(Item # 42 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED.
No.119
INVESTIGATE PURCHASE OF 2038 GENESEE (COMPT)
(Item # 19 CCP DEC 26, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.120
INVESTIGATE PURCHASE OF 2038 GENESEE (CC)
(Item l 45 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.121
S. THOMAS//PROTEST WATER CHARGES/SERVICES
(Item # 90 CCP JUL 17, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.122
J. BATES//COMPLAINT ON WATER PRESSURE- CHELSEA AREA
(Item # 139 CCP JUL 31, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.123
WATER PRESSURE REPORT/331 CHELSEA (PW)
(Item # 53 CCP OCT 16, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.124
REQUEST UPDATE/WATER SERVICE/CHARGES- CHELSEA AREA
(Item # 168 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.125
WATER CHARGES/SERVICE- CHELSEA AREA (CC)
(Item $ 46 CCP JAN 8, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED.
No.126
G. MC CLAIN//SIDEWALK/PROPERTY DAMAGE 378 WOODLAWN
(Item # 103 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED.
No.127
SIDEWALK//PROPERTY DAMAGE- 378 WOODLAWN
(PW)
(Item # 41 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED.
No.128
LIABILITY/SEWER PROBLEM- 280 E. FERRY
(CC)
(Item # 47 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.129
LIABILITY/SEWER PROBLEM- 280 E. FERRY
(CC)
(Item $ 47 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.130
LIABILITY/SEWER PROBLEM- 280 E. FERRY (BSA)
(Item # 62 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.131
EXCESS TRASH FEE: 253 GROTE STREET
(Item No. 235, C.C.P., December 11, 1990)
That the Excess Trash Fee for 253 Grote Street be and hereby is
compromised by reducing it by 50% from $242.80 to $121.40 and the Commissioner
of Streets is hereby directed to accept $121.40 as payment in full of said fee.
_PASSED
AYES-12 NOES-0
No.132
.EXCESS TRASH FEE : 96 EAST STREET
(Item No. 183, C.C.P., December 26, 1990)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COLLINS NOW MOVED THAT THE ABOVE ITEM BE RECOMMITTED TO THE COMMITTEE ON
FINANCE.
SECONDED BY MR. RUTECKI
ADOPTED.
No.133
CLAIM FROM ACTING COMMISSIONER OF PARKS FOR DIFFERENCE IN PAY
(Item No. 34, C.C.P., January 8, 1991)
That the Comptroller be, and he hereby is, authorized to pay Stan
A. Buczkowski, Acting Commissioner of Parks, the sum of $9,675.64, representing
the difference in pay between Director of Recreation and Commissioner of Parks
from July 1, 1990 to December 24, 1990, and further, that the Comptroller be,
and he hereby is authorized to pay Stan A. Buczkowski the difference in pay
between Deputy Commissioner of Parks and Commissioner of Parks commencing
December 24, 1990.
PASSED
AYES-12 NOES-0
No.134
RECONSTRUCTION OF JEWETT AVENUE
VIADUCT OVER CONRAIL
(Item No. 29, C.C.P., January 8, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to execute all necessary agreements and documents on behalf of the City of
Buffalo required by the New York State Department of Transportation for
participation in its State Aid Local Bridge Program for Reconstruction of the
Jewett Avenue Viaduct Over Conrail.
PASSED
AYES-12 NOES-0
No.135
EMERGENCY REPAIRS - BAILEY AVENUE WATER SERVICE
(Item No. 30, C.C.P., January 8, 1991)
That the decision of the Acting City Engineer to declare an emergency
and to replace the temporary service to Starlete Industries at 350 Bailey
Avenue, be, and hereby is, ratified, confirmed and approved, and the cost
thereof, not to exceed $10,000, is to be charged to Division of Engineering
Capital Project Fund 200-401-538.
PASSED
AYES-12 NOES-0
No.136
BENNETT BEACH/PLANS & SPECS FOR SAILING
CONCESSION (PKS)
(Item $ 59 CCP OCT 16, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.137
NACCO GOLF LEAGUE//OPPOSE INCREASE IN FEES
(item # 101 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.138
INCREASE IN GOLF FEES (PARKS)
(Item # 35 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.139
INFORMATION ON COMBAT GRANT PROPOSAL (POLICE)
(item $ 38 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.140
REPORT OF AUDIT
KLEINHANS MUSIC HALL MANAGEMENT, INC.
(Item No. 25, C.C.P., November 27, 1990)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COLLINS
moved:
That the above item be and the same hereby is received and filed.
ADOPT
No.141
REPLY TO AUDIT-KLEINHANS
(Item # 102 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
LEGISLATION
HON ALFRED T. COPPOLA
CHAIRMAN
No.142
THOMAS YOX, OWNER, PETITION TO USE
1203 PERRY STREET FOR A BILLBOARD SIGN
(Item No. 76, C.C.P., 1/8/91)
That after a public hearing held before the Committee on Legislation
on January 15, 1991 the petition of Thomas Yox to use 1203 Perry Street for a
billboard be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.143
NIAGARA LUTHERAN DELAWARE SOME, OWNER,
PETITION TO USE 1040 DELAWARE FOR POLE
SIGN AND AWNING
(Item No. 98, C.C.P., 12/26/90)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That after a public hearing held before the Committee on Legislation on
January 15, 1991 the petition of Niagara Lutheran Delaware Home to use 1040
Delaware Avenue for a pole sign and awning, be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.144
USE 1040 DELAWARE (CPBD)
(Item # 6 CCP JAN 8, l991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.145
L. DECKER, OWNER, PETITION TO USE 37 ELMW00D AVENUE FOR A POLE SIGN (Item No.
114, C.C.P., 11/27/90)
That the above item be and the same hereby is returned
to the Common Council without recommendation.
MR. COPPOLA MOVED
That after a public hearing held before the Committee on Legislation on
January 15, 1991 the petition of L. Oecker to use 37 Elmwood for a pole sign,
be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.146
USE 37 ELMWOOD (CPBD)
(Item # 8 C.C.P. DEC. 26,1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.147
RONALD M. SCHREIBER, OWNER, PETITION TO USE
1502 KENMORE AVENUE FOR A POLE SIGN
(Item No. 75, C.C.P.., 11/13/90)
That the above item be and the same hereby is returned to the Common
Council without recommendation.
MR. COPPOLA moved:
That after a public hearing held before the Committee on Legislation on
January 15, 1991 the petition of Ronald M. Schreiber, to use 1502 Kenmore
Avenue for pole sign, be and the same hereby is approved.
PASSED
AYES-12 NOES-0
No.148
USE 1502 KENMORE-POLE SIGN (CPBD)
(Item # 10 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.149
ENVIRONMENTAL ASSESSMENT FORM
R. SCRREIBER - APPLICATION TO PLACE A BILLBOARD
SIGN AT 1502 KENMORE AVENUE
(Item No. 68, C.C.P., 11/27/90)
That Item No. 75, C.C.P., November 13, 1990 "R. SCHREIBER - APPLICATION
TO PLACE A BILLBOARD SIGN AT 1502 KENMORE AVENUE" 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.150
47 EAST MOHAWK STREET REQUESTS PERMISSION TO INSTALL SIGN WHICH ENCROACHES CITY
RIGHT OF WAY
(Item No. 33, C.C.P., 1/8/91)
That the Commissioner of Public Works be and hereby is authorized
to issue a "mere license" for installation of a sign which encroaches City
right-of-way at 47 East Mohawk Street 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 save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said sign.
PASSED
AYES-12 NOES-0
No.151
BIDWELL RESIDENTS OPPOSE DANCE LICENSE/946 ELMWOOD
(Item # 101 CCP JUL 3,1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.152
BIDWELL RESIDENTS ACTION ON COMPLAINTS/946 ELMWOOD
(Item # 102 CCP JUL 3, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.153
POLICE CALLS//946 ELMWOOD (POLICE)
(Item # 56 CCP JUL 31, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.154
INSPECTION REPORTS//DANCE LICENSE AT 946 ELMWOOD (ICR) (Item # 90 CCP SEP 4,
1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.155
VETO//ORDINANCE AMENDMENT-CH 264-LICENSE RENTAL HOUSING BUSINESS
(Item # 2 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.156
ORDINANCE AMENDMENT//CH 281- LOW INCOME HOUSING (NIP) (Item #
228 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.157
ORDINANCE AMENDMENT//LOW INCOME HOUSING (ASSMT)
(Item # 23 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.158
ORDINANCE AMENDMENT///LOW INCOME HOUSING (CC)
(Item # 48 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.159
ORDINANCE AMENDMENT/LOW INCOME HOUSING (ICR)
(Item # 58 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.160
ORDINANCE AMENDMENT//PUBLIC PLACES (POLICE)
(Item # 39 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.161
BAN TOBACCO VENDING MACHINES (CC)
(Item # 64 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.162
NIAGARA FRONTIER BUILDERS//OPPOSE RENTAL HOUSING BUSINESS ORDINANCE
(Item # 90 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.163
BOARD OF REALTORS//PROPERTY INSPECTION PRIOR TO TRANSFER (Item # 70 CCP JAN 8,
1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.164
COUNTY CLERK//PROPERTY INSPECTION PRIOR TO TRANSFER
(Item # 73 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.165
CLOSE CRASH CLUB//26 VIRGINIA PLACE (POLICE)
(Item # 56 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.166
KINGSLEY PARK PHASE II REPORT (CD)
(Item # 73 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.167
KINGSLEY PARK PHASE II REPORT (EMC)
(Item # 15 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.168
KINGSLEY PARK PHASE II REPORT (PARKS)
(Item # 52 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.169
CONTINGENCY PLAN/REPLACEMENT SENIOR OFFICERS-POLICE/FIRE
(Item # 213 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.170
CONTINGENCY PLAN/REPLACING SENIOR OFFICERS (POLICE)
(Item # 56 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.171
CONTINGENCY PLAN/REPLACING SENSOR OFFICERS (FIRE)
(Item # 61 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.172
CONTINGENCY PLAN/REPLACING SENIOR OFFICERS (A&F)
(Item # 81 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.173
POLICE ABSENCES & PRECINCT STAFFING
(POLICE)
(Item # 37 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.174
POLICE ABSENCES & PRECINCT STAFFING (CC)
(Item # 42 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.175
APPOINTMENT OF POLICE STUDY COMMISSION
(Item No. 170, C.C.P., 12/26/90)
That this Common Council, recognizing the impending dilemma in
the failure of the Buffalo Police Department to assure the safety of all of
City of Buffalo residents by providing adequate police protection, should
appoint a study commission to examine the several issues related to the failure
to provide adequate public safety due to manpower shortages, manpower
deployment, morale, and other appropriate issues.
ADOPTED
No.176
POLICE STUDY COMMISSION (POLICE)
(Item # 40 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.177
BROADWAY MARKET MANAGEMENT/FAVOR NON-DISTURBANCE AGREEMENT
(Item # 77 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.178
BROADWAY MARKET NON-DISTURBANCE AGREEMENT (CC)
(Item # 49 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.179
V. GRABER/STATUS REIMBURSEMENT SCHOOL TRANSPORTATION COSTS
(Item # 83 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.180
F. PORDUM/STATUS REIMBURSEMENT SCHOOL TRANSPORTATION COSTS
(Item # 92 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.181
MEMORIALIZE STATE LEGISLATURE TO AMEND STATE ELECTION LAW
(Item # 164 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBYRECEIVED
AND FILED.
Mr. Coppola now moved to receive and file the above item, seconded by Mr.
Collins
Mr. Rutecki moved to amend to approve the above item; seconded by Mr. Perla.
Lost
AYES- PERLA, PITTS, RUTECKI-3
NOES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO-9
No.182
ERIE COUNTY BOARD OF ELECTIONS/AMENDING
STATE ELECTION LAW
(Item # 97 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
.ADOPTED
No.183
NYS RTL PARTY/AMENDING STATE ELECTION LAW
(Item # 109 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.184
NYS LOTTERY/LOTTERY OPERATING COSTS
(Item # 106 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.185
IDENTIFYING HAZARDOUS WASTE SITE (EMC)
(Item $ 175 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.186
ERIE COUNTY/IDENTIFYING HAZARDOUS WASTE SITES
(Item # 74 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.187
PREPARE CHALLENGE TO CENSUS FIGURES
(Item No. 127, C.C.P., 1/8/91)
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.
ADOPTED
No.188
REAPPOINTMENT OF A TEMPORARY MEMBER OF THE BOARD OF ASSESSMENT REVIEW
(Item No. 174, C.C.P., 12/26/90)
That, pursuant to Section 523-A of the Real Property Tax Law,
the reappointment of Daniel Barone of 11 North Drive as a temporary member of
the Board of Assessment Review for a one year term, be and hereby is confirmed.
ADOPTED
AYES- AMOS ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI-11
NOES-PITTS-1
No.189
DESIGNATION OF NOMINEES FOR APPOINTMENT
TO THE BOARD OF TRUSTEES OF THE BUFFALO
AND ERIE COUNTY PUBLIC LIBRARY
(Item No. 4, C.C.P., 1/8/91)
That the Mayor be and he hereby is authorized to submit to the County
Executive the names of Roland R. Benzow of 66 Hodge Street, Danna M. Lyons of
29 Wright Avenue and Charles J. Ruppert of 153 Hagen Street, as nominees for
appointment to the Board of Trustees of the Buffalo and Erie County Public
Library.
ADOPTED
AYES-AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI-11
NOES- ARTHUR-1
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.190
AUGSPURGER RAMP EXTENSION (COMPT)
(Item # 31 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.191
HORIZONS WATERFRONT COMMISSION//GENERAL LAND USE PLAN
(Item # 112 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
RULES COMMITTEE
HON. GEORGE K. ARTHUR
CHAIRMAN
No.192
STANDARDIZE COUNCIL COMMUNICATION FORMS
(Item No. 64, C.C.P., 1/8/91)
That the communication from the City Clerk be and hereby is received
and filed; and
That the City Clerk be and hereby is authorized to implement a mandated
standard form for communications to the Council from all City departments,
boards and agencies.
ADOPTED
RESOLUTIONS
No.193
BY MR. AMOS:
REQUEST BMHA TO RESCIND VOLUNTARY TITLE VI
WHEREAS On April 24, 1990, a Final Agreement for Voluntary Compliance
with Title VI of the Civil Rights Act of 1964 was made between the U.S.
Department of Housing and Urban Development Office of Fair Housing and Equal
Opportunity and the Buffalo Municipal Housing Authority; and
WHEREAS: The main purpose of the agreement is to remedy de facto segregation
within the Buffalo Municipal Housing Authority; and
WHEREAS: Said agreement offers incentives to families who chose to move into
developments where their race is not concentrated; and
WHEREAS: This agreement is presently the subject of much controversy in
particular there is concern that the incentive plan will result in unequal
treatment of black and white applicants; and
WHEREAS: As a result, there is concern that the agreement in its present
form will allow segregation at BMHA to continue, and may even encourage it.
NOW, THEREFORE, BE IT RESOLVED THAT
This Honorable Body request the Board of Directors of the Buffalo Municipal
Housing Authority to reconsider and rescind the present agreement with HUD and
actively work with tenants to draft a new, more plausible agreement.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-11
NOES- PITTS-1
No.194
BY MR. AMOS:
APPOINTMENT OF LEGISLATIVE AIDE
WHEREAS: The position for Legislative Aide to the Common Council
is to be filled, my recommendation is Shirley D. Zeigler of 187 E. Delevan
Avenue.
NOW, THEREFORE, BE IT RESOLVED
That this Common Council appoint Shirley D. Zeigler the Legislative Aide
position as of February 4, 1991.
ADOPTED
No.195
BY: MESSRS. AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK,
HIGGINS, LOTEMPIO, PERLA,
CREATION OF BLUE RIBBON PANEL TO OVERSEE BMHA'S TITLE VI COMPLIANCE
WHEREAS: On April 24, 1990, a Final Agreement for Voluntary Compliance
with Title VI of the Civil Rights Act of 1964 was made between the U.S.
Department of Housing and Urban Development Office of Fair Housing and Equal
Opportunity and the Buffalo Municipal Housing Authority; and
WHEREAS: The main purpose of the agreement is to remedy de facto segregation
within the Buffalo Municipal Housing Authority; and
WHEREAS: The community has not had any input into the present compliance
agreement and the likelihood of its success is doubtful, especially without
community support; and
WHEREAS: A non-partisan task force to react to the Voluntary Compliance
Agreement and develop a community based plan thereby insuring meaningful
integration and equal access to public housing; and
WHEREAS: Among the representatives on the task force should be: BMHA, tenant
leaders, City Council, HUD, Neighborhood Legal Services, Fair Housing
Advocates, Civil Rights Organizations, Geriatric Specialist and Legal Services.
NOW, THEREFORE BE IT RESOLVED
That this Honorable Body in conjunction with Buffalo Municipal Housing form a
Blue Ribbon Panel consisting of the aforementioned representatives.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.196
BY: MESSRS ARTHUR AND COLLINS
REQUEST BOARD OF EDUCATION TO FILE STATUS REPORT ON EARLY CHILDHOOD
FACILITY
JEFFERSON AND BEST SITE
WHEREAS: Mayor Griffin announced plans in August 1990 for the City
and the School Board to work cooperatively toward the development of a $20
million, three wing Early Childhood Facility at the former site of the War
Memorial Stadium parking lot, and
WHEREAS: The Mayor's plan called for:
(l) transferring the 7.6 acre site to the Board at no cost to the Board's
budget;
(2) the Board to receive $1 million from the Buffalo Development Companies
(BDC) to commence architectural work on the facility;
(3) the BDC, subject to Common Council approval, to convey a grant of $1.3 to
the Board to complete site acquisition and move the project into its final
design stage; and
(4) for the Board to explore alternate means of financing the $20 million
construction cost of the project, prior to an expected major capital request to
the City in the 1991 Capital Budget. The alternate funding mechanisms to be
explored by the Board included the possibility of using state bonds approved by
the state Urban Development Corporation; and
WHEREAS: The state budget will be extremely tight this year and in
subsequent fiscal years; and
WHEREAS: The City of Buffalo is currently considering a number of other
projects that will severely strain our capital budget, including plans to
construct a new indoor arena; and
WHEREAS: It has been reported that the Board is in the process of hiring a
construction manager to coordinate this project; and
WHEREAS: This Common Council has not received any information on this
project either from the Board or from the BDC; and
WHEREAS: There was significant opposition to the project as described by the
Mayor expressed in the community surrounding the old stadium parking lot site
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Superintendent of Schools and the President of
the Board of Education to file with this honorable body a status report on the
Early Childhood Center project. Specifically, the report should speak to each
of the following areas of concern:
(1) What actions have been undertaken by the Board in planning for this
project? Has an architect and construction manager been hired or are plans in
place for them to be hired?
(2) If the Board intends to move forward, what concerns have been raised by the
community surrounding the proposed site and what actions has the Board taken to
alleviate these concerns?
(3) Has the Board attempted to identify alternate sources of funding for the
project and if so, with what result?
(4) Does the Board anticipate making a capital budget request for the
construction of the project in the 1991 capital budget and if so, what is the
dollar amount of this request.
(5) When, if ever, does the Board anticipate involving the Common Council in
its deliberations concerning the planning and financing of this project?
ADOPTED
No.197
BY: MR. ARTHUR
Councilmember Clifford Bell Excused from Meeting
BE IT RESOLVED:
That Councilmember Clifford Bell be and hereby is excused from attendance at
the Common Council meeting of January 22, 1991, due to his absence from the
City.
ADOPTED
No.198
BY: MESSRS. ARTHUR AND FAHEY
APPOINT MEMBERS CITY CHARTER REVISION COMMISSION
WHEREAS: This Common Council, through passage of Local Law #1,
1991, amended Article I of the Charter of the City of Buffalo to add a City
Charter Revision Commission, pursuant to Municipal Home Rule Law Section 36;
and
WHEREAS: This commission shall consist of 13 members, appointed by the
Common Council;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council appoints the following qualified individuals to serve
on the commission:
1. Mary E. Fix 174 Zelmer St.
14211
2. Sherree Meadows 3234 Main St.
14214
3. Stan Franczyk 119 College St.
14222
4. John Mac Callum 444 Voorhees
14216
5. William Gaiter 1687 Main St.
14208
6. Peter Juliano 505 Lisbon Ave.
14215
7 .Kathleen Higgins 150 Kimberly Ave .
14220
8 .Charles E. Mc Griff 171 Lexington Ave. 14222
9. James B. Milroy 155 Massachusetts Ave. 14213
10. Thomas Williams 237 Lafayette Ave. 14213
11. Paul Wolf 44 Royal Ave.
14207
12. Peter M. Kooshoian 404 Woodbridge Ave. 14214
13.
LAID ON THE TABLE.
No.199
BY:MESSRS. ARTHUR & PITTS
ORDINANCE AMENDMENT
NEW SECTION 16 OF CHAPTER 307 -
PERSISTENT PARKING VIOLATORS AND SCOFFLAWS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 16 of Chapter 307 be added to the Code of the City of
Buffalo, to read as follows:
307-16. Persistent Parking Violators and Scofflaws.
A. Any unattended vehicle found parked upon a street or on any city-owned
property or property under the jurisdiction or control of the city against
which there are three (3) or more outstanding or otherwise unsettled parking
violation summonses within an eighteen (18) month period for which judgments
have been issued, may, by or under the direction of a police officer, peace
officer, parking meter mechanic, or parking enforcement officer, either by
towing or otherwise, be removed or conveyed to and impounded in any place
designated by the Commissioner of Police or the Director of Parking
Enforcement, immobilized in such a manner as to prevent its operation except
that no such vehicle shall be immobilized by any means other than by use of a
device or other mechanism which will cause no damage to such vehicle unless it
is moved while such device or mechanism is in place.
B. It shall be the duty of the police officer, peace officer, parking meter
mechanic or parking enforcement officer removing or immobilizing such motor
vehicle, or under whose direction such motor vehicle is removed or immobilized,
to inform as soon as practicable the Director of Parking Enforcement, who shall
in turn inform by telephone (if possible), and by first class mail, the owner
of the impounded or immobilized vehicle of the nature and circumstances of the
prior unsettled parking violations summonses, for which or on account of which
such vehicle was impounded or immobilized. In any case involving
immobilization of a vehicle pursuant to this subdivision, such police officer,
peace officer, parking meter mechanic or parking enforcement officer, shall
cause to be placed on such vehicle, in a conspicuous manner, a notice
sufficient to warn any individual to the effect that such vehicle has been
immobilized and that any attempt to move such vehicle might result in damage to
such vehicle.
C. The owner or person entitled to possession of such vehicle may secure the
release of the vehicle by complying with the rules and regulations of the
Parking Enforcement Division concerning all outstanding summonses and judgments
against said vehicle, and by payment of the sum of thirty-five dollars ($35.00)
for the removal of the immobilization device or mechanism.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.200
BY:MESSRS ARTHUR & RUTECKI
AUTHORIZE SECTION 384-e, The Special 20 Year Plan With Additional 1/60th
WHEREAS: Section 384-e of the New York State Retirement and
Social Security Law provides for an additional pension benefit for members of
the optional twenty year retirement plan for certain police officers and
firefighters whose employer has elected or elects to provide the same and to
make contributions for the purpose of providing such additional pension for
members in its employ who are entitled to a pension pursuant to Section 384-d
of the New York State Retirement and Social Security Law; and
WHEREAS: Every member employed by an employer such as the City of Buffalo
which participates in the New York State and local police and fire retirement
system and which has elected the provisions of said Section 384-d and Section
384-e may elect to be covered by the provisions of Section 384-e by filing with
the Comptroller of the State of New York a duly executed and acknowledged form
prepared by the Comptroller for that purpose; and
WHEREAS: The Buffalo Police Benevolent Association and Buffalo Professional
Firefighters Association, Inc., Local 282 filed grievances on behalf of their
bargaining unit employees contending that the City of Buffalo violated its
respective collective bargaining agreement with each union by not implementing
the 1/60th fraction pension benefit after it had been authorized by Section
384-e of the New York State Retirement and Social Security Law; and
WHEREAS: Pursuant to decisions dated November 7, 1990, the duly appointed
Arbitrator issued final and binding award finding that the City of Buffalo
violated its collective bargaining agreement with the Buffalo Police Benevolent
Association and its collective bargaining agreement with Buffalo Professional
Firefighters Association, Inc. by not implementing the 1/60th fraction pension
benefit after it had been authorized by Section 384- e of the New York State
Retirement and Social Security Law; and
WHEREAS: The said Arbitrator directed the City of Buffalo to forthwith
proceed to implement the 1/60th fraction pension benefit to the fullest degree
legally possible retroactive to August 1, 1988, the effective date of said
Section 384-e; and
WHEREAS: The said Arbitrator has retained jurisdiction to fashion a remedy
to compensate employees and/or retirees who cannot be made whole as to their
pensions due to the City of Buffalo's delay in implementing the Section 384-e
pension benefit; and
WHEREAS: The City of Buffalo faces continuing and possibly
escalating liability each day it fails to implement the 1/60th fraction pension
benefit as set forth above.
NOW THEREFORE IT BE RESOLVED:
That the Common Council of the City of Buffalo does hereby elect to pay the
additional cost on account of any member of its Police Department and/or Fire
Department who duly elects to receive the additional benefit after twenty years
of creditable service provided for under the provisions of Section 384-e of the
Retirement and Social Security Law or any subsequent amendments thereto. BE IT
FURTHER RESOLVED:
That this election shall become effective on the 22nd day of January, 1991 or
such earlier date as is accepted by the New York State Comptroller, whichever
is earlier in time.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE BUFFALO POLICE BENEVOLENT ASSOCIATION AND THE FIREFIGHTERS
LOCAL 282.
No.201
BY: MR. COLLINS.
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 68.1 -
HAMLIN PARK OVERLAY REVIEW DISTRICT
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 68.1 of Chapter 511 be added to the Code of the City
of Buffalo, to read as follows:
511-68.1. Hamlin Park Overlay Review District.
A. The Hamlin Park Area, as hereinafter specified, shall be an Overlay
Review District.
B. Limits. The Hamlin Park Overlay Review District shall comprise the
following area: all properties within the area bounded on the north by the
center line of Kensington Avenue, on the northeast by the centerline of
Humboldt Parkway, on the south by the centerline of East Utica Street, on the
west by the centerline of Jefferson Avenue, and on the northwest by the
centerline of Main Street.
C. Legislative Intent. The Common Council finds that the present zoning
regulations are too permissive and inflexible to properly control development
in the Hamlin Park area. The Council further finds that such development
seriously threatens the residential character and ambience of the Hamlin Park
area by increasing population densities, noise levels, traffic congestion and
parking problems. The types of uses held to be desirable within the Hamlin Park
area include lower density residential uses, which provide adequate off street
parking, as well as neighborhood related businesses and services.
D. Restricted Uses. Any of the uses which presently are permitted under
zoning district regulations of this chapter of the Code of the City of Buffalo
or which may be established or extended pursuant to said chapter shall be
permitted uses in the Hamlin Park Overlay Review District, but only upon the
issuance of a restricted use permit as permitted in subsection E of this
section. The issuance of a permit for improvements amounting to five thousand
dollars ($5,000) or less and for the maintenance or repair of properties in
conformance with the regulations of the zoning district in which they are
located shall be exempt from review.
E. Restricted Use Permit. Any person seeking to establish or extend a use
restricted by subsection D of this section shall file an application for a
restricted use permit as provide 511-55 of this chapter.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.202
By: MR COLLINS
SPECIAL COMBAT ZONES
WHEREAS: The Buffalo Common Council has approved an agreement for
the Buffalo Police Department to enter into an agreement with the New York
State Division of Criminal Justice Services, Coordinated Omnibus Municipally
Based Anti-Drug Teams (COMBAT) for the period January 1, 1991 through December
319 1991 ; and
WHEREAS: The Buffalo Police Department has established a Special police Task
Force unit to monitor illegal activities, primarily on the Westside; and
WHEREAS: This unit was established to provide the manpower to fight crime,
especially the street drug traffic which has plagued that area of the city; and
WHEREAS: The Police Department, through efforts of the Special Task Force,
monitoring of Illegal activities and surveillance equipment has increased drug
offense and drug traffic arrests in the area ; and
WHEREAS: While this unit has established itself as a primary force in
fighting "The War On Drugs" on the Westside, there is a need in other areas of
the City of Buffalo to fight drug trafficking with the help of a Special Police
Task Force; and
WHEREAS: The City of Buffalo Police Department has received through "COMBAT"
more funds to address this problem, but has not established a plan to implement
it so each Council District can benefit;
NOW, THEREFORE, BE IT RESOLVED THAT:
The Commissioner of the Buffalo Police Department file a report with the
Buffalo Common Council to explain:
1. What plans have been made to establish other Task Forces In Council
Districts?
2. How many man-hours and police officers will be needed to establish these
Task Forces?;
3. Will the funds from the Division of Criminal Justice Services be used to
support exclusively the Westside Task Force, specifically the Maryland detail?;
and
BE IT FURTHER RESOLVED:
That the Commissioner of Police file his report with the Common Council by
2:00pm Thursday February14, 1991
ADOPTED
No.203
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-EXEMPT ITEMS- WATER
ENTERPRISE FUND CAPITAL PROJECTS- WATER
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
$23,504 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items - Water and said sum is herby
reappropriated as set forth below:
FROM
410 Enterprise Fund - Water
81-9- Exempt Items
842- Reserve for Capital Improvements $23.504
TO
81-8- Interfund Transfers
010- Transfer to Capital Projects Fund $23.504
FROM
81-8- Interfund Transfers
010- Transfer to Capital Projects Fund $23,504
TO
415 Capital Projects Fund - Enterprise Funds
98-0- Department of Water
041-Construct Improvements to Water Facilities $23.504
PASSED
AYES-12 NOES-0
No.204
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
MISCELLANEOUS CHARGES
That, Pursuant to section 42 of the 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 Depts and said sum is ~hereby reappropriated as set forth
below:
FROM
100 General Fund
01-0-Common Council
001 - Legislative
Purchase of Services
560- Building Repairs & Alteration $ 15,000
580- Non-Professional Services 40,000
583- Unclassified
6,000
Total Common Council $
61,000
01-1- Division of City Clerk
001 - City Clerk
Purchase of Services
540 - Printing & Binding $
25,000
02-0 - President of Common Council
001 - Legislative
Purchase of Services
580 - Non-Professional Services $ 14,000
Total
$100,000
TO
100 General Fund
81-2 - Miscellaneous Charges
826 - Reserve for State Revenue Shortfall $100.000
LAID ON THE TABLE.
No.205
BY: MR. COLLINS
CONDEMNATION OF PROPERTY COMMONLY KNOWN AS
28 HERTEL AVENUE
[ITEM NO. 236, C.C.P., APRIL 10, 19901
WHEREAS, in the proceedings of April 10, 1990 at Item No. 236,
the Common Council authorized the acquisition of 28 Hertel Avenue under the
provisions of the Eminent Domain Procedure Law. In accordance therewith,
appraisals of the property were commissioned; and
WHEREAS, as provided by law, the City has offered to purchase the
property at 28 Hertel Avenue for $355,000, the highest appraised value by
appraisers commissioned by the City. This offer has been rejected by the owner
who has offered appraisals showing a value of $750,000; and
WHEREAS, the City and the owner entered negotiations concerning the value
of the property. As a result, the owner has agreed to accept a purchase price
of $530,000.00; and
WHEREAS, the Office of the Comptroller and the Department of Law
recommend that Your Honorable Body approve the acquisition of the property at
this price for the reasons set out in the following paragraph; and
WHEREAS, some time has passed since the City appraisals were made and
there is reason to believe that the value of the property has appreciated
during that period. Also, the compensable costs of the owner have increased
during this period and will continue to increase and accrue during the long
period required if this were to be litigated. In addition, if the purchase
price were litigated, there would be increased costs on the City's side for
updated appraisals and for other technical services;
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo be, and it hereby is, authorized to acquire the
property commonly known as 28 Hertel Avenue for the price of $530,000, subject
to the availability of funds for such purchase.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No.206
BY: MR. COPPOLA
REQUEST JUSTIFICATION FROM DIVISION OF WATER FOR SPRINKLER CHARGE
WHEREAS: City of Buffalo residents pay a higher flat-rate water
fee reflected in the bills received in May and August; and
WHEREAS: It has been the policy of the Division of Water to charge residents
an extra fee for sprinkler usage when an employee of the division notes
sprinkler usage during random inspection; and
WHEREAS: It is questionable whether this is a legitimate charge as
homeowners are already charged more per cubic foot because of increased water
usage during the spring and summer months and the inspections are made on a
random basis.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests justification from the Director of the Division of
Water for charging an extra fee for sprinkler usage reflected in the billings
received in May and August when flat-rate users are already charged a higher
fee.
ADOPTED
No.207
BY:MR. COPPOLA &MRS. LOTEMPIO
PARKING TICKET AMNESTY PROGRAM
WHEREAS: The City of Buffalo is currently faced with an anticipated
$6.7 million budget deficit as a result of New York State's fiscal problems;
and
WHEREAS: In past years, various amnesty programs have been implemented by
governments to recoup back taxes and library books; and
WHEREAS: It is estimated that up to $19 million in unpaid parking tickets,
fines, penalties and interest remains uncollected by the City of Buffalo; and
WHEREAS: While the Parking Violations Bureau is making legitimate effort to
collect the outstanding money, an enormous backlog and a manpower shortage has
hampered timely resolution to the problem; and
WHEREAS: The Council, pursuant to General City Law Sec. 20(30) and the New
York Vehicle and Traffic Law Sec. 237(3) may set the schedule of fines and
penalties for parking violations through local ordinance powers, and may
further waive the penalties as provided in City Code Sec. 3O7-11B; and
WHEREAS: While no "perfect" solution to the parking scofflaw problems
exists, a one-time amnesty program will enable the city to close the gap in a
difficult fiscal situation;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council directs the Corporation Counsel to prepare an
ordinance amendment to provide for a parking ticket amnesty program in
accordance with the following guidelines:
1. The period for the amnesty program shall run from March 1, 1991 through
April l, 1991. Notification to violators shall be by mail;
2. All penalties and interest shall be forgiven for individuals who choose
to pay their fines during the amnesty period;
3. Amount due on the parking ticket shall be the original fine plus a $2.00
administrative fee to cover cost of notification to the offending party;
4. Any individuals currently involved in a payment plan with the Parking
Violations Bureau shall be eligible to participate in the amnesty program for
the amount due on those tickets still outstanding; and
BE IT FURTHER RESOLVED:
That this ordinance amendment be filed with the Common Council by 2:00p.m.
Thursday, January 31, 1991.
LOST
AYES- BAKOS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA-6
NOES- AMOS, ARTHUR, COLLINS, FRANCZYK, PITTS, RUTECKI-6
No.208
BY:MR. FAHEY
COMMON COUNCIL REAPPOINTMENT
CITIZENS FUNDING REVIEW COMMITTEE
WHEREAS: Pursuant to Section 6-36 of Article VI of Chapter 6 of
the Ordinances of the City of Buffalo, the Common Council does hereby reappoint
the following individual to the Citizens Funding Review Committee for the
specified term:
Three (3) year term:
Michael G. Rossetti
291 Woodward Avenue
Buffalo, New York 14214
WHEREAS: That the above named individual is fully qualified to serve as a
member of the Citizens Funding Review Committee.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council does hereby reappoint Michael G. Rossetti to serve on
this committee.
ADOPTED
No.209
BY: MR. FAHEY
MECCA KENDALL CORPORATION
WHEREAS: The Mecca Kendall Corporation of West Falls, New York
has sold the City of Buffalo millions of dollars of goods and services over the
pas several years; and
WHEREAS: Mecca Kendall Corporation is currently engaged in a labor dispute
with Operating Engineers Local 17; and
WHEREAS: The Regional Director of the National Labor Relations Board
recently decided to place Mecca Kendall Corporation on trial for unlawful
behavior including inter-alia illegally locking out its workers, illegally
threatening and coercing its workers and illegally withholding bargaining
information from the Union; and
WHEREAS: It is the policy and practice of the City of Buffalo to engage in
business only with firms deemed "responsible" as that term is defined in New
York State General Municipal Law Section 103; and
WHEREAS: "Responsible" firms do not threaten or coerce workers, do not
illegally lock out workers and in general, engage in good faith bargaining with
the chosen representative of the workers.
NOW, THEREFORE BE IT RESOLVED:
That the Mecca Kendall Corporation be declared an irresponsible bidder by the
City of Buffalo until such time that it remedies in full the unfair labor
practices which it is charged with by the National Labor Relations Board and
demonstrates a commitment to good faith bargaining as required by law.
No.210
BY:MESSRS FAHEY AND COLLINS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR MASTEN NEW HOUSING PROJECT PHASE IIC
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, Blueprint Builders, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the roles and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of seven (7) residential units of
new housing known as the Masten New Housing Project Phase IIC in the Community
Wide Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of January 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 5th day of February 1991.
'ADOPTED
No.211
BY: MESSRS FAHEY & PERLA
SET PUBLIC HEARING:
PROPOSED LA DISPOSITION AGREEMENT
FOR VIRGINIA STREET NEW HOUSING PROJECT
ANTHONY CORTO, REDEVELOPER
WHEREAS, Anthony Corto and/or other legal entity to be formed
(herein referred to as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and procedures prescribed
by the City of Buffalo Urban Renewal Agency (herein referred to as the
"Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the Virginia Street New Housing Project; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of January 1991.
2. That this Common Council will conduct a Public hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 5th day of February 1991.
ADOPTED
No.212
BY: MESSRS. FAHEY & PITTS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR 400 PRATT STREET AND 243-289, 357-433
WILLIAM STREET ELLICOTT REDEVELOPMENT PROJECT NYR 1-1 PRATT-WILLERT
REVITALIZATION URBAN RENEWAL PLAN AREA
WHEREAS, M. J. Peterson Development Corp. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the disposition of approximately forty-two
(42) new housing units to be constructed on the property located in the
Ellicott Redevelopment Project Area and the Pratt-Willert Revitalization Urban
Renewal Plan Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish
the notice attached hereto and marked "Notice of Hearing" in the Buffalo News,
no later than the 25th day of January 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 5th day of February 1991.
ADOPTED
No.213
BY:MESSRS. FAHEY, AMOS, RUTECKI, BAKOS FRANCZYK AND MRS. LOTEMPIO
REQUEST COURT INJUNCTION AGAINST TENANT SELECTION AND ASSIGNMENT PLAN
WHEREAS: At a public hearing held January 15, 1991 over 400 public
housing tenants packed the Common Council chambers and exhibited unanimous
opposition to the proposed federal desegregation program of the Buffalo
Municipal Housing Authority housing projects; and
WHEREAS: Involuntary transfer will cause hundreds of people to be forced out
of their homes and neighborhoods where they have lived for decades, making it
very difficult for many to remain In the schools and churches they have
attended for years. Those who refuse the transfer would be evicted; and
WHEREAS: The relocation of tenants within the BMHA is a result of the Tenant
Selection and Assignment Plan that is being developed by the Buffalo Municipal
Housing Authority and Housing and Urban Development as part of the Agreement
for Voluntary Compliance with Title VI of the Civil Rights Act of 1964; and
WHEREAS: In order for the BMHA to be in compliance with Title VI, the BMHA
stated they must implement the Tenant Selection and Assignment Plan which will
take affect around March 1, 1991 or risk losing 9O percent of its present
federal funding; and
WHEREAS: On January 22, 1991 the Board of Directors of the Buffalo Municipal
Housing Authority will be voting to implement the Tenant Selection and
Assignment Plan; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body request the Board of Directors of the Buffalo Municipal
Housing Authority withhold its approval of the Tenant Selection and Assignment
Plan until this Common Council goes to the United States District Court for an
injunction to the implementation of said plan; and
BE IT FINALLY RESOLVED THAT:
This Honorable Body directs the Corporation Counsel to seek an immediate
Injunction against implementation of the agreement between Housing and Urban
Development and the Buffalo Municipal Housing Authority that implements a
Tenant Selection and Assignment Plan.
ADOPTED.
No.214
BY: MR. FRANCZYK
ORDINANCE AMENDMENT NEW SECTION 11 OF CHAPTER 281 -LOW INCOME HOUSING
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 11 of Chapter 281 be added to the Code of the City of
Buffalo, to read as follows:
281-Il. Low Income Rousing.
A. Intent. The purpose of this section is to enable the City of Buffalo to
grant tax exemptions pursuant to Section 42l-e of the New York State Real
Property Tax Law for low-income housing projects developed under Article
eighteen of the New York State Private Housing Finance Law.
B. Eligible Projects. Any cooperative, condominium, homesteading or rental
project which receives payments, grants or loans pursuant to Article eighteen
of the New York State Private Housing Finance Law.
C. Application. Application for tax exemptions pursuant to this section
should be made to the Department of Assessment. Such application shall have
sufficient proof that the project for which the tax exemption is sought was
developed under Article eighteen of the Private Housing Finance Law.
D. Approval. Upon receiving a completed application, the Department of
Assessment shall determine the eligibility of any project proposed for
exemption under this section and approve or deny the application.
E. Benefits and Limitations. Projects eligible for exemptions under this
section shall be exempt from all or any portion of the taxes imposed by the
city, including those imposed by a school district, other than assessment for
local improvements for a period not to exceed twenty years in the aggregate
after the taxable status date immediately following the completion thereof,
calculated not to exceed the following exemptions: twelve years of full
exemption followed by two years of exemption from eighty percent of such
taxation, followed by two years of exemption of sixty percent of such taxation,
followed by two years of exemption of forty percent of such taxation, followed
by two years of exemption of twenty percent of such taxation, provided that the
tax exemption authorized by this section shall be in addition to any other tax
exemption or abatement authorized by law
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF COMMUNITY
REVITALIZATION.
No.215
BY:MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (8) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. CITY OF BUFFALO
Claim for Xerox billing for the Department of Human Resources in a prior
fiscal year.
$ 52.10
2. CITY OF BUFFALO
Claim for postage billing to the Board of Parking in the past fiscal year.
$ 31.02
3. CITY OF BUFFALO
Claim for excess Xerox usage by the Advocacy Office for People With
Handicapping Conditions in a prior fiscal year. $ 35.40
4. JEM PROCESS SERVICE OF WESTERN NEW YORK, INC.
Claim for services rendered to the Department of Law in a prior fiscal year.
$ 35.00
5. JLN BUSINESS INTERIORS
Claim for loss of garbage cans.
$ 20.00
6. PAT KASPEREE
Claim for loss of garbage can.
$10.00
7. KAREN M. KELLER
Claim for loss of garbage can.
$14.75
8. JOHN KUDLA
Claim for Firefighter KUDLA'S eyeglasses that were damaged while fighting a
fire
$39.00
9. MATTHEW KWIETNIEWSKI
Claim for employee's personal property damaged while performing his duties at
Memorial Auditorium.
$70.00
10. MEINEK DISCOUNT MUFFLER
Claim for refund of an unused license at 2601 Main Street
$ 90.00
11. RICHARD B. NARlNS, M.D.
Claim for services rendered to Firefighter, DONALD ORSOLITS in the past
fiscal year.
$ 31.10
12. CYNTHIA A. PRIMUS
Claim for loss of garbage can.
$10.00
13. WILLAIM SMITH, JR.
Claim for uniform clothing of Firefighter, WILLIAM SMITH JR., destroyed while
performing his duties in the Fire Department.
$ 94.45
14. JACK STEWART
Claim for damage to City employee's personal property while performing his
duties in the Parks Department $95.00
15. JAMES TRESMOND
Claim for damage to City employee's personal property while performing his
duties in the Department of Street Sanitation.
$ 91.00
16. MATTHEW ZAKRZEWSKI
Claim for loss of garbage cans.
$15.00
17. MILTON J. ZECKHAUSER
Claim for loss of garbage cans.
$13.63
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED AYES-12 NOES-0
No.216
BY:MR. HIGGINS & FRANCZYK
PROPERTY INSPECTIONS REFORM MEETINGS
WHEREAS: Attention is focused on the growing problem of deteriorating
housing conditions in the city of Buffalo and the need for to bring those
properties into compliance, and
WHEREAS: This Common council adopted the Property Inspections Reform
resolution( CCP #179 Dec. 26, 1990) calling for a series of meetings to review
the current inspection process, identify the problem, recommend reform
measures, and implement change. and
NOW, THEREFORE BE IT RESOLVED:
This Common council convene the meetings in Room 1417 city Hall on:
Monday, February 4 8 am.
Wednesday, February 6 9 a.m.
Friday, February 8 9 am.
BE IT FURTHER RESOLVED:
That copies of this resolution be sent to the city of Buffalo's Neighborhood
Housing services, and other non-profit City housing agencies, those individual
and group property investors, and citizens who have expressed an interest in
this issue inviting them to participate in this reform process.
AND, BE IT FURTHER RESOLVED:
That the City Clerk be directed to send certified copies of this resolution to
the chief Judge of the city court, the city Department of Law, commissioner of
Inspections and community Revitalization, and ministration and Finance as
notification of the meetings and as a request for their participation in this
reform process.
ADOPTED.
No.217
BY:MRS. LOTEMPIO
RECOVERING COSTS FOR EMERGENCY CALLS RELATED TO DRUG OR ALCOHOL ABUSE
WHEREAS: Emergency calls for traffic accidents cost the taxpayers
of the City of Buffalo hundreds of thousands of dollars every year; and
WHEREAS: Many of these accidents are caused by people who are under the
influence of alcohol or drugs; and
WHEREAS: It is a violation of the law to operate a motor vehicle when under
the influence of alcohol or drugs; and
WHEREAS: The costs of emergency response calls and damage of public property
directly resulting from accidents caused by drug or alcohol use should be borne
by the individual responsible for the accident.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the Commissioners of Police, Fire and
Public Works, and the Director of Emergency Services report to this Council on:
1. The total number of auto accident emergency response calls in 1990;
2. Number of those calls which involved drivers under the influence of drugs
or alcohol;
3. Damages and associated costs of damages to public property as a result of
1990 accidents caused by drivers under the influence;
4. Approximate costs (ie-manpower, time, equipment) associated with providing
emergency calls; and
BE IT FURTHER RESOLVED:
That this Common Council requests that the Corporation Counsel provide an
opinion on the legality of implementing a policy whereby costs associated with
accidents caused by individuals under the influence of alcohol or drugs be
assigned to the responsible party; and
BE IT FINALLY RESOLVED:
That these responses be filed with the City Clerk by 2:00 pm on Thursday,
January 31, 1991.
ADOPTED
No.218
BY: MRS. LOTEMPIO
TESTING OF DELAWARE PARK LAKE
WHEREAS: Delaware Park Lake is one of Buffalo's many jewels; and
WHEREAS: After a great amount of money was spent to clean up this lake,
reports of chlorine being dumped into it has caused great concern about the
safety of this recreational attraction; and
WHEREAS: For numerous reasons, testing should take place to insure the
safety of Delaware Park Lake for the citizens of Buffalo; and
WHEREAS: This testing should commence Immediately to insure a safe ice
skating season;
NOW THEREFORE BE IT RESOLVED:
That this Common Council directs the Department of Public Works to begin
testing of Delaware Park Lake; and
BE IT FURTHER RESOLVED:
The results of the testing of Delaware Park Lake be furnished to this Council
in thirty days.
ADOPTED
No.219
BY: MRS. LOTEMPIO
STUDY CONDITIONS OF PARKS
WHEREAS: The Common Council Parks Oversight Committee has requested
a recent study done on the conditions of Parks in the City of Buffalo from
Community Development Commissioner Laurence Rubin; and
WHEREAS: This Committee has on two occasions requested the study, only to
have it's requests ignored; and
WHEREAS: For this Committee to make decisions on the quality of the City of
Buffalo's Park system, it needs all information that it can possibly receive;
and
WHEREAS: The cooperation of Commissioner Rubin in regard to the furnishing
of this information is vital;
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests the Commissioner of Community Development to
file with this Council the recent Parks study by 2:00 pm. Thursday, January 31,
1991.
ADOPTED
No.220
BY:MR. PlTTS
EFFECTS OF L.L. BERGER'S FINANCIAL PROBLEMS ON REPAYMENT -URBAN DEVELOPMENT
ACTION GRANT FUNDS AND CDBG FLOAT LOAN
WHEREAS: The L.L.. Berger department store chain, a fixture in
downtown and greater Buffalo for 85 years, has experienced severe financial
problems causing the local retailer to file Chapter 11 Bankruptcy proceedings
on January 14, 1991; and
WHEREAS: In June of 1989, L.L.. Berger Inc. announced a $6 million
renovation project for its flagship store and offices at 496-522 Main Street;
and
WHEREAS: As part of its major renovation project, L.L. Berger Inc. sought
authorization from this Common Council to file an application for a United
States Department of Rousing and Urban Development Urban Development Action
Grant (UDAG) in the amount of $1 million and a $2 million Float Loan of
Community Development Bock Grant Funds; and
WHEREAS: The Common Council authorized the Berger's UDAG application via
Item #184, C.C. P. July 11, 1989, the terms of which designated Development
Downtown Inc. (DDI) to administer monies from repayment of the Berger's UDAG at
a rate of 60% to be reassigned to neighborhood commercial assistance programs
and 40% to economic development projects; and
WHEREAS: The $2 million CDBG Float Loan was authorized by way of Item #217
C.C.P. July 25, 1989; and
WHEREAS: This Common Council must be apprised of the effects of Berger's
financial problems on the repayment of the UDAG and Float Loan funds; and
WHEREAS: In addition, this Common Council must do everything possible to
assist L.L. Berger's recovery from these financial difficulties to ensure the
continued viability of downtown and to support a company that has always
demonstrated a commitment to Buffalo;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council request reports from the United States Department of
Rousing and Urban Development, the President of Downtown Development Inc. and
the Commissioner of Community Development detailing the status of the Berger's
UDAG and Float Loan repayments and methods or assistance available to enable
Berger's to alleviate its financial burden.
ADOPTED
$19,176
No.221
BY:MR. PITTS
USE OF PLAZA AT VIRGINIA AND GRAPE STREETS FOR CHURCH SIGN
WHEREAS: Gethsemane Baptist Church located at 55 Grape Street
has just completed a new edifice. This new building has provided a tremendous
development impetus to the Fruitbelt neighborhood, and
WHEREAS:The congregation wishes to erect a sign to show the location and
name of the church. This is necessary because the church is situated at the
Service Road of the Kensington Expressway, and
WHEREAS:At the corner of Virginia and Grape Streets there is a plaza
(median) which demarcates the streets. The plaza is not used for any pedestrian
traffic, and
WHEREAS:Gethsemane Baptist Church would like to utilize the plaza to
erect a sign. This sign would be lighted, and
WHEREAS:The State Department of Transportation has the responsibility to
provide a permit for such a use of the plaza, and
WHEREAS:The City Department of Public Works would have to review the
proposed use of the plaza.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the
Department of Public Works to review Gethsemane Baptist Church's proposed sign
to be erected.
BE IT FURTHER RESOLVED THAT: The Department of Public Works work with
the State Department of Transport at to finalize the proposal.
ADOPTED
No.222
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
70-0 DEPARTMENT OF STREET SANITATION
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading
"011 - Collection of Ashes, Garbage & Refuse" which reads:
49 Sanitation Worker
-21,393
35 Laborer II (Hourly)
8.59
-9.77
is hereby amended to read:
47 Sanitation Worker
$
19,176
-21,393
37 Laborer II (Hourly)
8.59
-9.77
WE, JAMES J. MAKOWSKI, Commissioner of Street Sanitation and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of two (2)
Sanitation Worker positions and the creation of two (2) Laborer II (Hourly)
positions in the Department of Street Sanitation is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said positions be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties of such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.223
BY: MESSRS. RUTECKI, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK,
PERLA, PITTS
RESTORATION OF THE DARWIN MARTIN HOUSE FOR USE AS A MUSEUM
WHEREAS: The Darwin Martin House on Jewett Parkway is one of this
nation's finest examples of Frank Lloyd Wright's "prairie style" houses and
stands as one of the most outstanding achievements in his career and;
WHEREAS: The record 45,860 visitors to the "Frank Lloyd Wright: Preserving
an Architectural Heritage" exhibit at the Albright Knox Art Gallery (from July
13 to September 1990), and the two feature articles in the New York Times about
the Darwin Martin House prove there is a significant interest in Wright's work
and;
WHEREAS: Similar projects, such as the Dana Thomas House in Illinois, have
shown that Wright's work does attract tourists. The restored Dana Thomas house
opened in September of 1990 and attracted 31,000 visitors in its first two
months of operation and;
WHEREAS: Financial reports from both Falling water House outside Pittsburgh
and the Wright Home and Studio in Oak Park, Illinois suggest that if the Darwin
Martin House were opened to the public it could generate enough money to cover
the cost of its day to day operations and attract enough tourist dollars to
possibly return the cost of renovating the house and;
WHEREAS: The Darwin Martin House is currently owned by the University of
Buffalo Foundation and this organization's limited resources and the
University's unwillingness to provide sufficient capital and operations dollars
have led to the physical decay of this significant architectural masterpiece
over the years, leaving the house today closed to the public, missing many of
its most important artifacts, and structurally deficient, and
WHEREAS: The local and state economy would benefit from the increase in
tourism and the income generated by opening the Darwin Martin House to the
public, and
WHEREAS: The State Office of Historic Preservation in the Department of
Parks, Recreation and Historic Preservation has, through its Director Julia
Stokes, expressed a willingness to take over the Darwin Martin House and
operate it as a Historic Site if funds were made available for the renovation,
id
WHEREAS: A request for renovation funds is currently before the State Office
for inclusion in the 1991 State Budget,
THEREFORE BE IT
RESOLVED: That this Common Council goes on record in support of the proposal
to have the Darwin Martin House turned over to the State Office of Historic
Preservation to be operated as a State Historic Site honoring the work of Frank
Lloyd Wright and his contributions to architecture, and BE IT FURTHER
RESOLVED: The University of Buffalo Foundation be encouraged to transfer
title to the Darwin Martin House to the State Office of Historic Preservation
on the condition that it be operated as a State Historic Site and Museum, and
BE IT FINALLY
RESOLVED That the State Budget Office and the Governor's office be
encouraged to provide renovation funds for the Darwin Martin House in the 1991
State budget
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PRESERVATION BOARD.
No.224
BY: MESSRS. RUTECKI & PITTS
EXPANDING CITY COMMUNITY CENTERS HOURS
WHEREAS: Residents of the City of Buffalo have expressed concern
over the increasing number of youth on the streets in the late evening hours,
prompting calls for the imposition of a curfew as a tool to combat the City's
current crime wave, and
WHEREAS: Residents perceive the increasing number of youth out in the late
evening hours as a safety threat to both youth and neighborhood residents, and
WHEREAS: City youth have complained that their options for leisure time
activities are limited by financial restraints, lack of transportation and the
lack of alternative leisure activities, and
WHEREAS: Community Centers have the facilities and equipment to provide
leisure time activities to City youth and,
WHEREAS: Section 285.13 of the Charter of the City of Buffalo gives to the
Director for Youth the responsibility to "cooperate with agencies in developing
effective programs for the prevention of delinquency, crime, and neglect among
youth" and the responsibility "to coordinate and supplement the activities and
programs of public, private and religious agencies within the city devoted in
whole or in part to the welfare and protection of youth", and
WHEREAS: Section 285.16 of the Charter gives to the "Committee for Youth"
the responsibility for recommendations "for the institution of recreation
projects and youth service projects by public or private agencies devoted to
the provisions of leisure time activities of youth", and,
WHEREAS: The City of Buffalo, through its operation of various Community
Centers by the Division of Recreation in the Department of Parks, provides very
limited recreational opportunities for youth since these City centers are open
only until 10:00 pm. weekdays, are generally closed weekends and no longer are
open during warm weather months, and
WHEREAS: Additional, but also very limited recreational activities, are
provided by the City and the Urban Renewal Agency through the funding of
private not-for-profit community organizations with Community Development Block
Grant programs, and
WHEREAS: An expansion of these recreational activities, including the
extension of hours of service of all City-funded recreational activities to
include warm weather months and weekend hours of operation to 2:00 am., might
be the most effective method of curbing juvenile crime and delinquency while
providing additional recreation services to the residents of the City of
Buffalo, THEREFORE BE IT
RESOLVED: That this Common Council request the Director of Youth, the
Committee for Youth, the Division of Recreation in the Department of Parks, and
Planning function within the Department of Human Resources responsible for CDBG
fund allocation to jointly develop, in accordance with Charter
responsibilities, a program for the expansion of youth recreational
opportunities, including the extension of hours of service to warm weather
months and late evening hours on weekends, and BE IT FURTHER
RESOLVED: That this detailed plan be submitted to the Budget Director and
this Common Council in time for consideration in the 1991-92
ADOPTED
No.225
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:
Dorothy L. Brown
Florence S. Clark
Jill Crist
Tina M. Dugo
Madonna Enright
John J. Flynn
Ellen Hoffman
Kara Keating
Deborah A. King
Daniel T. Leonard
Joseph P. Mason
Eileen McGloin
Frank E. Merriweather
Mary Rita Miller
Thomas P. O'Connell
M. Elizabeth O'Connor
Eileen Rogowsky
Geraldine N. Ross
June W. Schnaufer
Stanley Stachowski
Suzanne Sugg
Carol Tato
Rose S. Vohwinkel
Helen Herdzik Wicher
Dawn M. Wilson
Maureen Wilson
TOTAL: 26
ADOPTED
No.226
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 31 1992, conditional upon the persons so appointed
certifying under oath to their qualifications and filing same with the City
Clerk:
Patricia A. Brunner
Raymond Brzezniak
George Cacavas
Christine R. Callahan
Theresa E. Callahan
George W. Campbell
Dominic Carnevale
Joseph A. Cartonia, Jr.
Sharon L. Cartonia
'Roger J. Chambers
~Emilio Cicatello
Alberta Ciulis
Janis A. Colarusso
Anna M. Coronado
John J. Crangle, Jr.
Maureen T. Crangle
Donald Cummins
Albert DeBenedetti
Angela J. Filippone
Robert Freed
Daniel M. Gregorio
Vicki J. Hook
Julie M. Kane
Peter G. Karamanos
Mary M. Keane
Arthur J. Kutus
John N. Maccarone
Edward J. Mahoney
Eileen Mahoney
Maureen McGurn
Cheryl Mulholland
John D. Perrone
Moody Pugh, Jr.
Rogelio Rivera
Julie Wnek Ryan
Dennis V. Ryan
Nazarene Smith
Salinda Smith
Philip D. Smolinski
Ronald J. Spadone
Alicia R. Surdyk
Carl E. Szarek
Donald L. Thurber
Bonnie Jean Tolbert
Lorraine P. Turchiarelli
Dolores R. Wyman
Joseph J. Soda
Mark C. Acara
Deborah L. Burgstahler
David H. Frey
Shirley P. Gorski
Robert L. Kowalewski
Glenda Lake
Mary J. Mackey
Gloria A. Moran
Mary A. Nagel
Gerald W.Nolan
Audrey Nuwer
Lorraine A. Osborn
Maria Pryndota
Kathleen M. Smith
Lorraine Wiernik
Patrick J. Williamson
Rosalind McCullough
Michelle L. proctor
Daniel T. Covert
MarcelIa Monte
Laura Rucinski
Edna E. Watkins
Paulette White-Jones
TOTAL: 70
ADOPTED
UNFINISHED BUSINESS
No.227
TRANSFER FUNDS -MISC. - $60,000
(COM. 130, C.C.P., JAN. 8, 1991)
(COM. 155, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 155 C.C.P., JAN. 8, 1991, TRANSFER
FUNDS - MISC. - $60,000, FROM THE TABLE. SECONDED BY MR. HIGGINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED.
SECONDED BY MR. HIGGINS.
PASSED
AYES- AMOS, ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-
9
NOES- COLLINS, COPPOLA, PITTS- 3
No.228
TRANSFER FUNDS- MISC.- $180,000
(COM.133, C.C.P., JAN. 8, 1991)
(COM.158, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 158, C.C.P. JAN. 8, 1991,
TRANSFER FUNDS MISC.- $180,000,FROM THE TABLE.
SECONDED BY MR. FRANCZYK
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE SECONDED BY
MR. RUTECKI.
PASSED
AYES- AMOS, ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-
9
NOES- COLLINS, COPPOLA, PITTS- 3
No.229
TRANSFER FUNDS -MISC. - $300,000
(COM. 134, C.C.P., JAN. 8, 1991)
(COM. 159, C.C.P., JAN. 8, 1991)
MR. FAHEY
MOVED TO TAKE ITEM NO. 159, C.C.P., JAN. 8,1991
TRANSFER FUNDS MISC.- $300,000, FROM THE TABLE. SECONDED BY MR. AMOS.
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. PITTS
PASSED
AYES- AMOS, ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
RUTECKI- 10
NOES- COLLINS, COPPOLA- 2
No.230
TRANSFER FUNDS - MISC. - $430,000
(COM. 135, C.C.P., JAN. 8, 1991)
(COM. 160, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 160, C.C.P., JAN. 8,1991 TRANSFER
FUNDS -MISC. $430,000, FROM THE TABLE. SECONDED BY MR. PERLA
ADOPTED
AYES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, RUTECKI- 7
NOES- AMOS, COLLINS, COPPOLA, PERLA, PITTS- 5
MR. FAHEY NOW MOVED THAT THE ABOVE BE APPROVED; SECONDED BY MR. RUTECKI.
LOST
AYES- ARTHUR, BAKOS, FAHEY, HIGGINS, LOTEMPIO, -5
NOES- AMOS, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS, RUTECKI-7
MR. FAHEY NOW MOVED TO RECONSIDER THE ABOVE ITEM; SECONDED BY MR. BAKOS.
CARRIED.
MR. FAHEY NOW MOVED TO TABLE THE ABOVE ITEM; SECONDED BY MR. BAKOS.
LOST
AYES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, -6
NOES- AMOS, COLLINS, COPPOLA, PERLA, PITTS, RUTECKI-6
No.231
TRANSFER FUNDS - UNRSRV. - $1,831,058
(COM. 137, C.C.P., JAN. 8, 1991)
(COM. 161, C.C.P., JAN. 8, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 161, C.C.P., JAN. 8 1991 TRANSFER
FUNDS - UNRSRV.- $1,831,058 FROM THE TABLE. SECONDED BY MR. PERLA.
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED SECONDED BY MR. AMOS
PASSED
AYES- AMOS, ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-9
NOES- COLLINS, COPPOLA, PITTS-3
No.232
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, January 29, 1991 9:30 AM
FINANCE Tuesday, January 29,1991 Immediately Following
Civil Service
LEGISLATION Tuesday, January 29,1991 2:00 PM
ECONOMIC DEVELOP. Wednesday, January 30,1991, 10:00 AM
ANCILLARY COMMITTEES
FINANCE/SALES TAX PROCEEDS Wednesday, January 23, 1991 10:00 AM Rm 1417
ERIE BASIN MARINA LEASE Thursday, January 24, 1991 10:00 AM Pm 1417
AUD/STADIUM TASK FORCE Thursday, January 24, 1991 6:30 PM
CATV COMMITTEE Monday, January 28, 1991 10:00 AM PM 1417
FINANCE/SCHOOL # 57 Tuesday, January 29, 1991 7:00 PM
COMPUTER TASK FORCE Wednesday, January 30, 1991 1:30 PM PM 1417
LEGISLATION/TRANSPORTATION Tuesday January 31, 1991 7:00 PM
LEGISLATION/VENDING TOBACCO Monday, February 4, 1991 7:00 PM
LEGISLATION/PUBLIC PLACES Tuesday, February 12, 1991 6:00 PM
PROPERTY INSPECTION REFORM MEETINGS
Monday, February 4, 1991 8:00 AM Rm 1417
Wednesday, February 6, 1991 9:00 AM
Friday, February 8, 1991 9:00 AM
No.233
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. PITTS THE COUNCIL ADJOURNED
AT 3:35 P.M.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER
PENSION PROCEEDINGS
MEETING NO. 1
MAYOR'S OFFICE E CITY HALL
JANUARY 29. 1991 at 10:30a.m.
BOARD OF FIREMEN'S & POLICE PENSI0NS
PRESENT George K. Arthur, President of the Council; James W. Griffin, Mayor; R.
Michael McNamara, Deputy Comptroller
ABSENT None
The journal of the last meeting was approved.
No. 1
I transmit herewith the pension payroll for the Fire Pension fund
for the month of January 1991 amounting to $ 42,288.74 and respectfully request
that checks be drawn to the order of the persons named herein for he amounts
stated.
Adopted
Ayes - 3 Noes - 0
No. 2
The following annuitants have been cancelled from the roll:
Dorothy Fraser Died 12/2/90
Received and Filed
No. 3
I transmit herewith the pension payroll for the Police Pension
Fund for the month of December l991 amounting to $53,935.29 I respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes -3. Noes -0.
No. 4
The following annuitant has been cancelled from the roll:
Johanna Cieslikoski Died 12/13/90
Received and Filed
No.5
On motion by Mr. Griffin , the City of Buffalo Police and Firemen's
Pension Board meeting adjourned at 10:36 am.