HomeMy WebLinkAbout91-0205
1No.3
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 5, 1991
Adjourned Session, February 19, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rulecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Francsyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Eugene M. Fahey, Brian M. Higgins, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr.,Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
:George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr.,Chairman, David A. Franczyk. Joel A Giambra,
Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE- NEGOTIATE ERIE BASIN MARINA LEASE
Hon. David P. Rutecki, Chairman, Hon. James W. Pitts, Hon. Carl A. Perla, David
P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred
T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, Eugene Reville, Commissioner
Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan,
Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/DEsignee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairpewrson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt.Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee,Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, February 5, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts- 12.
ABSENT - Rutecki-1
On a motion by Mr. Fahey, seconded by Mrs. LoTempio, the minutes of the stated
meeting held January 22, 1991, were approved
No.1
Mr. Rutecki now took his seat in the Council Chambers, after the
second of three Land Disposition Agreement hearings which were held at the
beginning of this Council meeting.
FROM THE MAYOR
No.2
Appointment of members to the
Citizen's Advisory Committee
on Reapportionment
Pursuant to Section 7 of the Charter of the City of Buffalo, please
be advised that I have appointed the following individuals to serve on the City
of Buffalo Citizen's Advisory Committee on Reapportionment:
Roland R. Benzow 66 Hodge Street Buffalo, New York 14222
James N. Schmit 767 Bird Avenue Buffalo, New York 14209
RECEIVED AND FILED.
No.3
Appointment of members
of Appraisal Review Board
Pursuant to the powers vested in me by Section 312 of the Charter
of the City of Buffalo, I hereby appoint the below listed persons, subject to
confirmation by Your Honorable Body, as members of the Appraisal Review Board:
EXPIRATION DATE
Joseph T. Cordaro I.A.O. December 31, 1994
251 Bedford Avenue - 14216
J. Donald Honan December 31, 1993
142 Kimberly Avenue - 14220
Susan M. Newman December 31, 1992
42 Highland Avenue - 14222
Joseph T. Cordaro, a Senior Appraiser with Proper Appraisal Specialists,
Inc., has been associated with the engineering, construction and appraisal
field for 36 years. He is a member of the Institute of Assessing Officers.
Mr. Cordaro served as Commissioner of the City of BuffaIo Department of
Assessment from 1978-1986 and as Principal Assessor from 1985- 1988. He is
also an active member of the Buffalo Chapter of the Society of Real state
Appraisers (S.R.A.).
J. Donald Honan, a lifelong resident of Buffalo, graduated from Canisius
College in 1950 with a B.B.A. Degree in Accounting. Mr. Honan started working
for the City of Buffalo in 1955 as a Court Clerk and in 1958 he moved to the
Assessor's Office as a City Assessor.
In 1962, J. Donald Honan achieved the Civil Service position of Real
state Specialist for the Department of Community Development, continuing in
that position until his retirement from City of Buffalo service in 1985. J.
Donald Honan has experience as a Real state Agent and he is proficient in
Appraisal Reviews and the acquisition of property.
Susan M. Newman, is very active in many community organizations:
Junior league of Buffalo - 1974 - Present
Executive Board - 1982-1983
Chairman, Public Affairs Committee - 1980-1981
Women for Downtown - 1980 - Present
Founding Member
Executive Committee
Chairman, Public Affairs
V.P. Program Committee - 1989-1990
Theatre District Board - 1990 - member
Buffalo Waterfront Development Corporation - 1988
Friends of Buffalo River - Executive Committee - 1989
Urban Waterfront Advisory Committee - 1975-1981
I hereby certify that the above listed persons are fully qualified for
appointment to the Appraisal Review Board.
MR. FAHEY moved:
That the communication from the Mayor dated January 23, 1991 be received
and filed; and
That the appointment by the Mayor of the following persons to the Board
of Appraisal Review be and hereby is confirmed by the Common Council:
NAME EXPIRATION DATE
Joseph T. Cordaro, I.A.O. December 31, 1994
251 Bedford Avenue
Buffalo, NY 14216
J. Donald Honan December 31, 1993
142 Kimberly
Buffalo, NY 14220
Susan M. Newman December 31, 1992
42 Highland
Buffalo, NY 14222
ADOPTED
No.4
PROPOSED BUDGET CUTS
On January 3, 1991, I proposed to Your Honorable Body $6,136,000
in 1990-91 City budget cuts in order to close a $6.7 million budget gap caused
by a mid-year cut in State aid to the City of Buffalo. Today I am proposing
additional 1990-91 budget measures to close the budget gap.
l)Transfers totalling $366,545 to the State Police and Fire
pension system account with the funding sources of (a) $41,545 from the Civil
Service Department (b) $87,000 from the Division of Engineering, and (c)
$238,000 from the Division of Buildings.
The $41,545 cut in Civil Service will reduce expenditures in various accounts
due mainly to a change in plans for administering police and fire examinations
this year. The $87,000 from the Division of Engineering will reduce
expenditures for repairs of the Ferry Street bridge, floral supplies for Erie
Basin Marina and materials for street signs. The $238,000 reduction in the
Division of Buildings includes $200,030 from building repairs and alterations
and various other non-salary accounts.
2) A projected $100,000 revenue increase resulting from the enactment of a
pending traffic ordinance amendment. The traffic ordinance currently being
considered by Your Honorable Body, would allow the towing and booting of
legally parked scofflawed vehicles. This measure would assist greatly the
Division of Parking Enforcement in collecting from scofflaws traffic fines and
penalties which they refuse to pay.
3) An estimated $80,000 this year through an additional auction of unneeded
City equipment.
4) The saving of $20,000 this year through the elimination of the daily second
and the shifts and weekend shifts in the traffic signal function. Temporary
measures would be taken by police or parking enforcement workers to provide
safe intersections until the regular traffic signal work crew could repair
faulty signals.
The above measures total $566,545. Together with the $6,136,000 in
gap-closing legislation I recommended on January 3, 1991, the above measures
would close the total $6.7 million gap caused by the State. However, to date,
the Council has passed only $2.34 million of the legislation I recommended.
Two of my recommendations, cutting $2.47 million for City employee raises
and $100,000 in Council budget cuts, are tabled. These items should be passed
at the next Council meeting. The Comptroller has indicated he will send a
recommendation for cuts in his department totalling approximately $50,000.
Certain of my recommendations have been rejected by the Council including
transfers of $430,000 from the street paving account and $100,000 from the Fire
De ' t. Despite the rejection of the transfers, this $530,000 will not be
spent and thereby will help to close the gap.
My recommendation of a 20% cut in City grants-in-aid whim would have saved
$600,000 has been rejected by the Council. It is ironic that the Erie County
Iegislature which, through a shifting of sales tax revenue away from the City
in 1977, gained primary responsibility for funding culturals yesterday enacted
a midyear cut in its cultural grants.
In an effort to provide alternative recommendations to the Council for
closing the City's 1990-91 budget gap I make the following recommendations.
5) Close Fire Department Engine Company No. 18. An immediate closing would save
$275,000 this year.
6) Hire two temporary license inspectors to enforce collection for sign
permits, amusement games license and encroachment fees for an estimated
1990-91 increase in revenues of $30,000.
7) Increase the fee for Park's Department bandshell rental from $50 to $250
gaining an additional $2,000 this year.
8) Increase various fees for zoning applications and preservation board reviews
estimated to produce an additional $7,000 this year.
The Division of Budget will monitor and advise me of the City's progress in
closing the 1990-91 budget gap and I will keep you advised of our progress. In
the meantime, the Council must do its part by enacting the gap closing measures
I have recommended.
REFERRED TO THE COMMITTEE ON FINANCE.
No.5
1991-92 RECOMMENDED BUDGET- PILOT FIELD
I hereby submit to Your Honorable Body my 1991-92 fiscal year
recommended budget for the Pilot Field Enterprise Fund. Pursuant to Local law
and Section 295.9(c) of the City Charter, this recommendation is due on or
before February 1st of each year. Pilot Field operates on an April 1-March 31
fiscal year. The rest of the City's operations use a July 1 - June 30 fiscal
year.
The 1991-92 Pilot Field budget I recommend today totals $4,054,317 consisting
of $1,447,107 for operating costs and $2,607,210 for debt service requirements.
The Enterprise Fund budget format includes the City revenues and for the
operating and debt service components in order to reflect the total cost of the
enterprise fund and to comply with generally accepted accounting principles
(GAAP). This format was developed by the Budget Division with the cooperation
of the Comptroller's office.
The operating budget of $1,447,107 once again does not require any contribution
from the City general fund for operating . This operating budget is supported
in its entirety by revenues generated from stadium operations and naming
rights. The debt service costs of $2,607,210 are paid by $1,067,352 of City
funds, and by $1,539,858 of interest earnings on the bond funds that have been
raised in anticipation of stadium expansion to accommodate a major league
franchise.
The budget I am recommending today will fund the operations of Pilot Field's
fourth baseball season. The stadium's principal tenant, the Buffalo Bisons,
have drawn more than 1.1 million fans to downtown Buffalo in each of their
first three seasons. The Bisons and the City look forward to repeating this
success this season and eventually to having a major league baseball franchise
in Buffalo.
I submit this budget for approval by Your Honorable Body and I look forward to
another successful baseball season in 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No.6
A. Rybak - Application to use 150 Bailey Ave. for a car sales office and lot.
(Item No. 96, C.C.P., January 22, 1991)
The City Planning Board at its regular meeting held Tuesday, January
29, 1991 considered the above application pursuant to Section 511-67 of the
Buffalo Code - the Buffalo Coastal Special Review District.
The applicant seeks to convert an existing restaurant into a used auto sales
office. This building has a gross floor area of 3720 square feet while the lot
which will be used to park between 20 to 25 used autos has a gross area of
42,000 square feet.
The site is also overlain by the Buffalo River Special Review District which
calls for the provision of a 25-foot riverfront "yard" when property is
contiguous to waterways contained in the review district. In this instance, the
subject property is contiguous to Cazenovia Creek on its northern property
line. Lastly, the site is located within a 5B" flood zone which is not
designated as a special flood hazard area under Chapter 189 of the Buffalo
Cede.
Under S.E.Q.R., the proposed auto sales office and lot is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed used auto sales office and lot
with the following conditions:
1. That the 25-foot riverfront " yard" remain clear, landscaped and
maintained in a conscientious manner, and
2. That a low vegetative screen be developed and maintained along the Bailey
Avenue frontage of the subject property.
RECEIVED AND FILED.
No.7
P.V.S. Chemicals Inc. - Application to erect a two-story building at 55 Lee
Street for the manufacture of chemicals.
(Item No. 95, C.C.P., January 22, 1991)
The City Planning Board at its regular meeting held Tuesday, January
29, 1991 considered the above application pursuant to Section 511-67 - the
Buffalo Coastal Special Review District.
The applicant seeks to erect a two-story masonry building for the manufacture
of ammonium thiosulfate (a photographic fixing agent). The proposed building
will measure 72 feet by 40 feet, or 2880 square feet in gross floor area, and
will be 27 feet high.
The site is located in an M3 zone which permits such uses and is overlain by
the Buffalo Coastal District which requires a 25-foot riverfront "yard" be
maintained by the applicant. The site is also located in an archaeologically
sensitive area and is within 2000 feet of an inactive hazardous waste site.
The site is in a zone B flood classification which is not designated as a
special flood hazard area under Chapter 189 of the Buffalo Code. Lastly, the
proposed facility will require a discharge permit from the State Department of
Environmental Conservation.
Information provided by the applicant indicates that the proposed facility will
be built on an area which has been significantly disturbed through prior
excavation, therefore, negating the probability of the discovery of any
significant artifacts of archaeological interest. Similarly, test borings
taken at the approximate location of the four corners of the proposed building
revealed no migration of toxic waste. Lastly, the proposed structure will be
located 47 feet from the Buffalo River and will therefore not encroach on the
riverfront "yard" provision of the Buffalo Code.
Under S.E.Q.R., the proposed building is considered an unlisted action which
may be studied through uncoordinated review. Moreover, a negative declaration
has been prepared by the Planning Division for your information.
The Planning Board voted to approve the proposed addition on the condition
that:
1. All necessary permits mandated by various state and local agencies are
secured, and
2. The applicant improve and maintain their 25-foot riverfront "yard"" in a
conscientious manner.
RECEIVED AND FILED.
No.8
Great Western Capital - Application to erect an illuminated pole sign and
replace an existing wall sign at 3362 Main Street.
(Item No. 97, C.C.P., January 22, 1991)
The City Planning Board at its regular meeting held Tuesday, January
29, 1991 considered the above application pursuant to Sections 387-19 and
511.79.6 of the Buffalo Code - the Review of Pole Signs and the sign
requirements of the "TD" Transit District Zone.
The applicant seeks to replace a wall identification sign measuring 3 feet by 7
feet, or 21 square feet, and to erect a pole mounted sign with a 32 square foot
face and an overall height of 18 feet.
The site is located in the "TD" Transit District zone which prohibits pole
signs. Consequently, the applicant must seek relief from this provision from
the Zoning Board of Appeals. The "TD" zone permits the proposed wall sign
however. Under S.E.Q.R., the proposed signage is considered a Type II action
which does not require further environmental review.
The Planning Board voted to approve the wall sign as proposed, while it voted
"no objection" to the proposed pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No.9
APPROVAL FOR EMERGENCY REPAIR
MEMORIAL AUDITORIUM
We are requesting approval of an emergency repair order of the
hot water tank at Memorial Auditorium. This repair service was done by Colgate
Heating Corp. in the amount of $2555.50. This emergency service was needed as
Memorial Auditorium as the entire building was without hot water
MR. FAHEY moved:
That the communication from the Director of the Division of Stadium and
Auditorium dated January 28, 1991 be received and filed; and
That the award by the Director of Stadium and Auditorium of an emergency
repair contract to Colgate Heating Corp. for repair of the hot water tank at
Memorial Auditorium, in the amount of $2,555.50 be and the same hereby is
confirmed, ratified and approved.
PASSED
AYES-13 NOES-0
FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS
No.10
PARTICIPATION IN SENIOR CITIZEN CENTER PROGRAMS
Attached is a copy of Council letter requesting a list of the
number of Senior Citizens who participate in the various programs at each of
our Senior Citizen Centers. This letter was not received in this office until
January 2, at which time I was out of town. I did not return until January 9,
and so was unable to meet the report date of January 3rd. I hope this did not
inconvenience you, and am now submitting the following for your information.
NUTRITION PROGRAM - 1990
Holling Center 7,604
Riverside Center 10,722
Richmond Center 14,288
West Side Center 7,266
Commodore Perry Center 5,072
Ulinski Center 14,481
Lincoln Center 13,244
Machnica Center 9,684
South Park Center 9,795
Tosh Collins Center 8,654
PROGRAMS, ACTIVITIES, SERVICES - Totals for 11 Centers
July '90 - Dec. '90 (6 months)
Recreation/Health (Arts & Crafts, Pool, Cards, Bingo, Speakers, etc.)
Total: 249,500 participants
Information/Referral
Total: 49,750 calls or requests
Mayor's Cards Issued
Total: 247
Monthly Newsletter
Total: 27,000 copies printed/distributed
Transportation - Medical, Shopping, Recreational (Bus)
Total: 7,850 units of service
Application Assistance - HEAP, IT-214, Medicaid, Food Stamps, etc. Total:
1,250
PROGRAMS, ACTIVITIES, SERVICES - Totals for 13 Centers
July '89 - Jan. '90 (12 months)
Recreation/Health (Arts & Crafts, Pool, Cards, Bingo, Speakers, etc.)
Total: 496,000 participants
Information/Referral
Total: 101,500 calls or requests
Mayor's Cards Issued
Total: 592
Monthly Newsletter
Total: 49,500 copies printed/distributed
Transportation - Medical, Shopping, Recreational (Bus)
Total: 15,550 units of service
Application Assistance - HEAP, IT-214, Medicaid, Food Stamps, etc.)
Total: 2,350
I hope this information complies with your request.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO PRESERVATION BOARD
No.11
Restore D.D. Martin House as a Museum
Item 1223, C.C.P. 11/22/91
The above mentioned item, as described in the resolution of Councilmember
David P. Rutecki, was presented to and discussed by the City's Preservation
Board at its regular meeting of Thursday, January 24, 1991.
The Board agrees that the Frank Lloyd Wright designed Darwin D. Martin House
should be accepted by the New York State Department of Parks, Recreation and
Historic Preservation for restoration and public display as a significant New
York State historic site. This site is an excellent example of Frank Lloyd
Wright's work and is an important artifact of the City's cultural history.
Please note however that the house is not currently owned by the University of
Buffalo Foundation. (See Mr. Rutecki's reference.) The House is presently
owned by the State University of New York, Albany, and its interim oversight is
currently assigned to the University of Buffalo.
Please don't hesitate to contact me should you or your committee have any
questions.
RECEIVED AND FILED.
FROM THE OFFICE OF DISASTER PREPAREDNESS
No.12
Recover Cost for Emergency
Calls Item #2l7,C,C.P., 1-22-91
In regards to your communication of January 23, 1991 to Reverend
John Gaglione Coordinator of Emergency Services, please be advised that he is
serving in Operation Desert Storm and I am handling his work.
All of the information that you ask for is not part of this office,
however, there were approximately 39,000 ambulance calls in 1990 in the City of
Buffalo and approximately 10-20% were motor vehicle accidents. There is no way
to determine in that 10 to 20 percentile exactly what were "driving under the
influence."
Please let me know if there is any additional information that I can
furnish.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No.13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
COMMON COUNCIL
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 $3,000 be transferred and reappropriated from various accounts
in -Appropriation Allotments Regular Departments, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the Budget for the current fiscal year and will not be .needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY 30, 1991
RECEIVED AND FILED.
No.14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-EXEMPT ITEMS
DIVISION OF HOUSING & PROPERTY INSPECTIONS
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 $42,200 be transferred and reappropriated from various accounts
in Appropriation Allotments -Exempt Items, as set forth below:
The amounts to he transferred are unexpended balances of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY 31, 1991
RECEIVED AND FILED.
No.15
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-REGULAR DEPARTMENTS
FRINGE BENEFITS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to section 42 of the Charter, that it is necessary
that the sum of $41,545 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 he needed at
this time for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY 31, 1991
RECEIVED AND FILED.
No.16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-REGULAR DEPARTMENTS
FRINGE BENEFITS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the -Charter , that it is
necessary that the sum of $87,000 be transferred and reappropriated from
various accounts in Appropriation Allotments - Regular Departments, as set
forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY, 31, 1991
RECEIVED AND FILED.
No.17
CERTIFICATE OF NECESSITY
TRANSFER OF FUND
APPROPRIATION ALLOTMENTS-REGULAR DEPARTMENTS
FRINGE BENEFITS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to section 42 of the Charter; that it is necessary
that the sum of $238,000 be transferred and reappropriated from various
accounts in Appropriation Allotments - Regular Departments, as set forth below:
The amounts to be transferred are balances of items contained in the
budget for the current fiscal year and will not be need at this time for the
purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JANUARY, 31, 1991
RECEIVED AND FILED.
No.18
COMMENTS AUDIT KLEINHANS MUSIC HALL MANAGEMENT, INC.
The above audit has been released by the Finance Committee, without
recommendation, at the meeting of January 16, 1991. Any action contemplated by
the Council should be predicated on the following:
1. That Kleinhans Management enter into an amended lease agreement with the
City of Buffalo, as well as a rental agreement with the BP0 in accordance with
various Councilmanic resolutions. Such action will also require identification
of City funding lines to enable payment of the resulting City contractual
obligation.
2. That the Common Council, with the aid of a Corporation Counsel legal
opinion, approve or disapprove Kleinhans' request to reserve monies currently
held in two investment accounts, strictly for future improvements to be made to
the Music Hall building/complex.
3. That Kleinhans Management respond to our request regarding surplus
1989-90 Grant-In-Aid contract monies (ref. Attached letter dated December 4,
1990).
In our opinion, these matters need to be resolved to eliminate the
potential for a reoccurrence of the "11th hour" funding crisis Kleinhans Music
Hall Management, Inc. experienced earlier this year.
RECEIVED AND FILED.
No.19
Item #21, C.C.P. 1/8/91
Newsstand Fillmore at Broadway
This communication is in response to questions that were raised
at the Finance Committee Meeting, held on 1/15/91, about the renegotiated lease
for the newsstand located near Fillmore at Broadway. Specifically, the
questions that were raised about the amount of increase in rent and the
ownership of the 12' x 20' newsstand.
The five percent (5%) figure is an average used in leases when there is a
lack of comparable data or a lease index figure to adjust rent for land. This
figure was added to the existing rental to arrive at Six Hundred Thirty Dollar
($630) annual rent payment. Since the tenant has the option to renew the
existing lease for another two years effectively, the City of Buffalo will
benefit in the first and second year of the lease.
Regarding the newsstand ownership, the premises described in the current
lease is a description of the land area only. It was believed, by the Division
of Real Estate, that the rental was for land only. However, upon further
review of our files, the City does in fact own the newsstand on the premises.
In light of the aforementioned, the Division of Real Estate will contact
the tenant and try to renegotiate a more reasonable and fair market rental for
the newsstand and report the results of our negotiations back to Your Honorable
Body.
RECEIVED AND FILED.
No.20
Abandonment/Sale
Former Engine 14
138 Spruce Street
Carton-Craft Corporation
The Office of the Comptroller has received a request from Carton-Craft
Corporation, 115 Ash Street, Buffalo, New York, to purchase former Engine House
#4 located at 138 Spruce Street. Carton-Craft plans to add thirty to fifty
thousand square feet to their existing one hundred thousand square foot
manufacturing facility. In order to facilitate these plans, Carton-Craft will
need to demolish the former firehouse, which is vacant. CartonCraft currently
owns all the adjoining property which surrounds this parcel.
The parcel at 138 Spruce is zoned R-3 and Carton-Craft would have to file
to have the property rezoned CM (general commercial).
In the event Carton-Craft obtains the necessary rezoning of 138 Spruce
Street, the Office of the Comptroller recommends the abandonment/sale of the
property in accordance with Section 513 and 514 of the City Charter.
REFERRED TO THE COMMITTEE ON FINANCE.
No.21
Response-Item # 84, CCP
1/22/91 Obtain Title 1420 Main Street
Item #92, CCP 1/22/91
B. Perrone -Purchase 1416 Main St.
Your Honorable Body has asked for a response from this Office
regarding the above items. The correct address is 1416-18 Main Street. The
property is a Capital Asset, former Engine house #16, and was transferred to
the Division of Real Estate for disposition, Item #117, CCP. 1/22/91. There has
been no recent appraisal of the property. The property has an assessed
valuation of $81,100 of which $34,200 is allocated to land and consists of a
parcel 50'x 244'.
With regard to item # 84 above, Community Service Inc., a not for profit
organization, is requesting ownership of the property for conversion into
housing for disabled individuals. The Division of Real Estate has been in
contact with Mr. Foley of Community Services Inc. and Mr. Gary Rogers of
Inspections and Community Revitalization. No purchase price is indicated in
the communication.
Item # 92 is a request from Benedict Perrone, 64 Amherst Street, Buffalo
New York. Mr. Perrone Is interested in purchasing the former firehouse for
conversion into a Graphic Arts Studio and a residence.
Disposition of property acquired for a municipal purpose Is disposed of
in accordance with Article 27 of the City Charter Sec. 513 through 522. There
are two options to be used for said disposition:
a) When there is only one party involved a sale can be accomplished by
Sec. 514 of the Charter. Upon approval by Your Honorable body, a prospective
purchaser of such property would petition Supreme Court to appoint appraisers,
at the petitioners expense, to determine the reasonable value of said property.
The appraisal results are filed with Your Honorable for your
consideration/approval, and the appraised value is the amount to be paid by the
purchaser.
b) In the alternative, when there are two or more Interested parties, the
council may authorize disposition by public auction to be conducted by the
Comptroller (Sec. 515). Normally no appraisal is preformed, and the results of
said auction are then transmitted Back to the Common Council for
consideration/approval.
This Office has had limited contact with the two parties and has not made an
assessment of either parties ability to purchase and carry out their plans for
the property.
Therefore, this Office can not make a cogent recommendation regarding the
above requests at this time. I can assure Your Honorable Body that this office
will begin to make the necessary inquires with the two parties and file a
recommendation as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE.
No.22
Purchase of Truscon Property in Exchange
for Portion of Marilla Street and Adjacent
Property
The Committee on Finance has tabled Communication #43, C.C.P.
January 22, 1991 pending a report from this office.
During the earlier days of the subject matter of the referenced item,
this office provided Your Honorable Body with an initial report under Item #28,
C.C.P. September 4, 1990, wherein we advised that we would proceed under
Article 27, Section 511 of the City Charter and report back.
Since, we have commissioned two qualified fee appraisers who have each
ascertained a value for the property. Frank A. Pirritano Appraisals, Inc.
ascertained the value to be Six Hundred Fifty-Seven Thousand Two Hundred
Dollars ($657,200). Hansen Appraisal Service, Inc. found the value to be Seven
Hundred and Twenty Thousand Dollars ($720,000). The later appraisal noted that
due to the former operation of the site (Republic Steel) that it could be
assumed that over a period of years the site may have been exposed to various
types of hazardous waste(s). The appraisal report indicated further that it
would strongly advise that the subject site undergo an environmental audit to
determine any hazardous waste.
It should be further noted that the tentative agreement to purchase the
referenced property, copy of which is before Your Honorable Body submitted by
the Corporation Counsel's Office, is contingent on two events. Number one that
the Bankruptcy Court which is controlling the property, due to the fact that
LTV Steel Company, Inc. has filed a Chapter Il Proceeding, must approve of the
purchase and therefore abandon the property from the Bankruptcy Estate.
Secondly, LTV has the option, under the agreement, to advertise the
availability of the LTV assets for sale and to invite offers to purchase from
parties other than the City. LTV may do so from the date that the proposed
agreement has been mutually entered into to the date of the Bankruptcy Court's
approval of the aforesaid agreement. In case LTV obtains and accepts a higher
or better offer and thusly advises the Bankruptcy Court of such an event and
the Bankruptcy Court accepts that particular agreement, the aforesaid agreement
between LTV and the City will terminate. Other than the aforesaid
contingencies, the proposed agreement appears to be fair and acceptable to all.
The liability exposure to each party is minimal. The City, through its
Department of Public Works may want to orchestrate an environmental audit to
further safeguard the interests of all.
The aforesaid agreement further provides for reimbursement of any and all
expenditures up to $50,0000 to be reimbursed in the event that LTV finds and
accepts a better or higher offer.
Upon our investigations and findings, this proposed acquisition and
conveyance appears to fit well within the City's best interest, especially in
view of the Three Hundred and Fifty Thousand Dollar ($350,000) proposed
purchase price, which appears to be well below the property's value. If, of
course, the property passes the environmental audit that should take place.
We, therefore, recommend that once the contingencies have been met and the
property cleared of any presence of hazardous waste(s), that this matter be
completed.
REFERRED TO THE COMMITTEE ON FINANCE.
No.23
Permission to Negotiate
460 Fourteenth, SW 126.50'
SE of Hampshire
Lot Size: 27' x 149'
Assessed Valuation: 4,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Russell B. Osborn, Attorney on behalf of Mr. Melvin Farley,
to purchase the subject property.
Mr. Farley owns the adjacent property at 485 Fourteenth and would like to
purchase this property for security purposes. He has indicated that children
play in the empty lot and has had several windows broken.
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.
The Tax Office has been notified and there are no outstanding taxes
and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations
MR. FAHEY MOVED:
That the communication from the Comptroller dated January 31, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Russell B. Osborn, Attorney on behalf of Mr. Melvin Farley for the private
sale of 460 Fourteenth and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No.24
Permission to Negotiate
146 Bennett, W 416.50'
N of William
Lot Size: 25' x 132'
Assessed Valuation: $900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Byron Brown of 613 E. Ferry Street, Buffalo, New York to
purchase the subject property.
Mr. Brown is in the process of purchasing 148 Bennett and would like to
purchase this property in order to build a garage.
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.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations
MR. FAHEY moved:
That the communication from the Comptroller dated February 4, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Byron Brown residing at 613 E. Ferry for the private sale of 146 Bennett
and report to this Honorable Body the results of such negotiations.
ADOPTED
No.25
Result of Negotiations
107 Watson, E 93.50' S Howard
Lot Size: 29' x 107'
Assessed Valuation: $800
Your Honorable Body authorized the Office of the Comptroller to
negotiate a private sale for the above captioned property with Mr. William B.
Miller of 242 Emslie Avenue, Buffalo, New York per Item #17, C.C.P. November
30, 1990. Mr. Miller intends to purchase this property, which is adjoining his
home, and construct a garage for his personal use.
An independent appraisal of the property was conducted by Mr. Cleon 0.
Service, Appraiser, 2152 Main Street, Buffalo, New York 14214. He has estimated
that the fair market value of the property to be Thirteen Hundred Dollars
($1,300). The Division of Real Estate indicates the sale of similar lots range
in value from Nine Hundred ($900) to Fourteen Hundred Dollars ($1,400) and
concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. William B. Miller has agreed
and is prepared to pay Thirteen Hundred Dollars ($1,300) for the above
property. He has also agreed to pay for the cost of the appraisal, transfer
tax and cost of the legal description.
I am, therefore, recommending the sale of 107 Watson Avenue, to Mr.
William B. Miller of 242 Emslie Street, Buffalo, New York in the amount of
Thirteen Hundred Dollars ($1,300).
REFERRED TO THE COMMITTEE ON FINANCE.
No.26
Result of Negotiations
20 Spiess, in 180' N of Genesee
Lot Size: 30' x 145' Assessed Valuation: $1,000
Your Honorable Body authorized the Office of the Comptroller to
negotiate a private sale with Mr. Steven Mackie, 24 Spiess Street, Buffalo, New
York per Item 111, C.C.P. November 13,1990. Mr. Mackie intends to purchase
this adjoining lot in order to construct a garage for his personal use.
An independent appraisal of the property was conducted by Jerome E.
Goldstein, Appraiser, 295 Main Street, Buffalo, New York 14203. He has
estimated that the fair market value of the subject property to be Three
Hundred Fifty Dollars ($350). The Division of Real Estate has investigated the
sale of vacant lots in the area which have sold for between Twenty-Five Cents
($.25) a square foot and Fourty-Eight Cents ($.48) a square foot. This would
indicate a value of between Eleven Hundred Dollars ($1,100) and Twenty-One
Hundred Dollars ($2,100) for the subject property.
Results of our negotiations are that Mr. Mackie has offered and is
prepared to pay Six Hundred Dollars ($600) for the subject property. He has
also agreed to pay for the cost of the appraisal, transfer tax and costs of
obtaining the legal description.
There obviously is a difference in the value as reported by Mr. Mackie's
appraiser and the value indicated by the Division of Real Estate. I feel the
offer made by Mr. Mackie of Six Hundred Dollars ($600) does not represent the
minimum fair market value for the subject property. Recent sales indicate a
minimum of $1,100. Mr. Mackie's offer represents almost one-half the minimum.
Therefore, based on the above, I am recommending that Your Honorable Body
receive and file the $600 offer made by Mr. Steven Mackie.
REFERRED TO THE COMMITTEE ON FINANCE.
No.27
Item 6, #95 C.C. P- Oct. 30, 1990
"Aud Club lease extension - Marina"
At the Committee on Finance meeting of January 15, 1991, Your
Honorable Body requested information as to the date of the last audit performed
on the Aud Club and the Erie Basin Marina.
Please be advised that our most recent review of remittances from the
Marina was accomplished through an audit of the Division of Engineering and
covered the period of 10-1-87 thru 9-30-89. There has been no audit of the Aud
Club per se.
In accordance with Finance Committee action our office will be undertaking an
audit of the Aud Club/Erie Basin Marina and will report back to Your Honorable
Body upon completion
REFERRED TO THE SPECIAL COMMITTEE ON THE ERIE BASIN MARINA LEASE.
FROM THE COMMISSIONER OF ASSESSMENT
No.28
ORDINANCE AMENDMENT
CHAPTER 281 - LOW INCOME HOUSING
ITEM 228, CCP 12-11-90
If a local law were passed establishing real property tax exemption
under the provision of 421E of the Real Property Tax Law, the Department of
Assessment would administer the exemption in accordance with the local law as
written.
As I have stated in my previous correspondence to the Common Council
concerning this matter, adoption of provision of 421E should be reviewed very
closely by Your Honorable Body and the Law Department. Adoption of this law
could exempt all housing built with funds from the New York State Housing Trust
Fund and/or the Affordable Housing Development Program. If the law is
interpreted and/or enacted as such, all the new single family housing built
with said funds could be exempt under this law. I suggest that the Law
Department review this possibility and file its opinion with Your Honorable
Body.
A substantial amount of the City's residential growth comes from housing
programs that are currently funded through the New York State Housing Trust
Fund and/or Affordable Housing Development Program. It is my understanding
that approximately 900 houses will be built under these programs. The tax loss
to the City could be substantial if these 900 houses were exempt from taxation.
Further, if housing is rehabilitated using the New York State Housing
Trust Fund and/or the Affordable Housing Development Program, any resulting
increases in assessments would also be exempted under 421E of the Real Property
Tax Law.
I would suggest that Your Honorable Body consider these possibilities and
the consequences of lost revenue if 421E is enacted into Local Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No.29
Notification Serial Numbers 8173, 8174, 8175, 8176, 8177 and 8178
This communication explains the attached Notification Serial Numbers.
8173
Hertel Alley north side (Repeal No Parking Anytime
Traymore Avenue to a point
190' east of Commonwealth
Avenue
8174
Hertel Alley south side (Repeal No Parking Anytime
Traymore Avenue and Colvin
Avenue
8175
Hertel Alley north side (Repeal No Parking Anytime
70' west of Crestwood Avenue
to Colvin Avenue
8176
Hertel Alley both sides (Install No Parking Anytime
between Traymore Avenue and
Crestwood Avenue
8177
Hertel Alley north side (Install No Parking Anytime
between Crestwood Avenue and
Colvin Avenue
8178
Hertel Alley south side from (Install No Parking 12 AM
Crestwood to Colvin (to 6 AM.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.30
NOTIFICATION SERIAL NO.: 8173
FILED WITH CITY CLERK: 1/31/91
FOR COUNCIL MEETING: 2/5/91
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 23 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing thereto the following: NO
PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Hertel Alley Traymore Avenue to a point 190'
north side east of Commonwealth Avenue
NOTIFICATION SERIAL NO.: 8174
FILED WITH CITY CLERK 1/31/91
FOR COUNCIL MEETING: 2/5/91
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 of
business.
That that part of Subdivision 23 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing thereto the following: NO
PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Hertel Alley Traymore Avenue and Colvin Avenue
south side
NOTIFICATION SERIAL NO.: 8175
FILED WITH CITY CLERK: 1/31/91
FOR COUNCIL MEETING: 2/5/91
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 23 of Section 15 of Chapter ,79 ,of the
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Hertel Alley 70' west of Crestwood Avenue
north side to Colvin Avenue
NOTIFICATION SERIAL NO. :8176
FILED WITH CITY CLERK:1/31/91
FOR COUNCIL MEETING: 2/5/91
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 23 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Hertel Alley between Traymore Avenue and
both sides Crestwood Avenue
NOTIFICATION SERIAL NO.: 8177
FILED WITH CITY CLERK:l/3l/9l
FOR COUNCIL MEETING: 2/5/91
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 23 of Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Hertel Alley Between Crestwood Avenue and
north side Colvin Avenue
NOTIFICATION SERIAL NO.: 8178
FILED WITH CITY CLERK: 1/31/91
FOR COUNCIL MEETING: 2/5/91
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 adding thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
DAILY
Hertel Alley from Crestwood to Colvin 12 am. - 6 am.
south side
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.31
Red uction In Retention
Elmwood Ave. Traffic Improvements - 1990-1991
M. Falgiano Construction Co., Inc.
Contract #91584800
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject contract
The Contractor has essentially completed the project with less than 1% of the
contract remaining to be completed in the Spring of 1991. The value of the work
remaining is $3,750.00.
Therefore, I am respectfully requesting your Honorable Body's authorization to
reduce the present 10% retention of the completed contract work ($37,780.00) to
$7,500.00, or two times the value of the uncompleted work.
It is respectfully requested and I recommend that your Honorable Body authorize
a reduction in retention from $37,780.00 to $7,500.00 to M. Falgiano
Construction Co., Inc.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated January
30, 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 M. Falgiano
Construction Co., Inc. (Contract #91584800) for traffic improvements on Elmwood
Avenue - 1990-1991 from $37,780.00 to $7,500.00 (or two times the value of the
uncompleted work).
PASSED
AYES-13 NOES-0.
No.32
Reduction In Retention
Repair to City Pavements - 1990-1991
Thomann & Loewer Asphalt Paving Corp.
Contract #91581500
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject contract
The Contractor has essentially completed the project with less than 1% of the
contract remaining to be completed in the Spring of 1991. The value of the work
remaining is $2,000.00.
Therefore, I am respectfully requesting your Honorable Body's authorization to
reduce the present 10% retention of the completed contract work ($27,815.28) to
$4,000.00, or two times the value of the uncompleted work.
It is respectfully requested and I recommend that your Honorable Body authorize
a reduction in retention from $27,815.28 to$4,000.00 to Thomann & Loewer
Asphalt Paving Corporation.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated January
30, 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 Thomann &
Loewer Asphalt Paving Corp. (Contract #91581500) for repair to city pavements-
1990-1991 from $27,815.28 to $4,000.00 (or two times the value of the
uncompleted work).
PASSED.
AYES-13 NOES-0.
No.33
Condition of Property-Engine 16
CCP 11/27/90; Item #58
The above referenced item was submitted to this office by Council
Staff on a January 4 - 1991 request to advise Your Honorable Body as to what
steps were taken to weatherize 1420 Main Street.
Please be advised that when the new Fire Station at Jefferson and Kingsley was
opened, Engine 16 on Main Street and Engine 21 on Best Street were closed. The
Best Street facility was turned over to the Division of Real Estate for
disposition by the Fire Department. Engine 16 was to become the Fire
Department Museum and negotiations were ongoing between the Fire Department and
the Historical Society. The Division of Buildings changed the locks on Engine
16 to prevent any vandalism. All systems were left operational (electric,
heating, plumbing, etc.) so that the interior finishes would not be damaged.
REFERRED TO THE COMMITTEE ON FINANCE.
No.34
Application for Restaurant-Dancing Class IV 561 Forest Avenue
Pursuant to Chapter 150, of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant-Dancing located at 561
Forest Avenue and find that as to form it is correct.
I have caused an investigation into the premises for which said application for
Restaurant-Dancing Class IV License is being sought and according to the
attached reports from the Fire Department, Zoning Department and the Building
Inspector, I find that it complies with all regulations, and other applicable
laws.
I have caused an investigation by the Police Department into the moral
character of Mario D. Caruso. The Police Department's approval is attached
hereto.
In consideration of the application of:
Delmar Corporation
D/B/A Bourbon Street
Mario D. Caruso
561 Forest Avenue
Buffalo, New York
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.35
Public Libraries/Block Grant Funds
Handicapped Access
CCP 12/26/90; Item 479
The Committee on Economic Development has referred the above referenced
item to this department requesting the following information:
1. Are there funds set aside for renovation of city owned buildings for
handicapped access? If so, the amount available?
In the 1986-87 Capital Budget, Your Honorable Body authorized a $100,000 bond
for handicapped access. There is currently a $140,107.53 unencumbered balance
(200-402-066).
The 1990-9l Capital Budget includes $250,000 for Handicapped Access Program.
No bond authorization has been adopted by Your Honorable Body to date.
2. Are there other Library Funds available?
Bond Fund 200-402-O1O: Reconstruction of Dudley Library - $30,652.00
unencumbered balance.
Bond Fund 200-402-051: Reconstruction of Kensington and Niagara Libraries -
$73,839.35 unencumbered balance.
3. Are there funds available for handicapped access renovation by the Board of
Elections and if so, can they be transferred for handicapped access renovation
of libraries?
No funds for handicapped access renovation are available for this purpose.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.36
CERTIFICATE OF APPOINTMENT
Appointment to become effective 1-30-91 in the Department of Public
Works, Division of Water, Daniel E. Walsh, 21 Delaney St., Buffalo, N.Y. 14216,
to the position of Machine Operator, permanent, at the starting salary of
$21479.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.37
CERTIFICATE OF APPOINTMENT
Appointment to become effective 1-28-91 in the Department of Public
Works, Division of Engineering, Michael Gennaci, 492 Fargo Ave., Buffalo, N.Y.
14213, to the position of Communications Specialist, provisional, at the
starting salary of $22,272.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.38
CERTIFICATE OF APPOINTMENT
Appointment to become effective 1-17-91 in the Department of Public
Works, Division of Engineering, Michael H. Hoffert, 498 Hewitt Ave., Buffalo,
N.Y. 14215, to the position of Investigator, permanent, at the starting salary
of $25,925.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No.39
EMERGENCY REMOVAL OF HAZARDOUS TREE ON PRIVATE PROPERTY-29 MARIEMONT AVENUE
AS A SUBSTITUTE FOR THE JANUARY 30, 1991 COMMUNICATION FROM THE PARKS
DEPARTMENT
Due to the very serious and hazardous condition of the tree on
the property listed below, an inspection was made by this department and a
notice was served on the owner as per Chapter 309-32 of the City Ordinances.
Informal bids were received for the removal of this hazardous tree as follows:
ADDRESS &OWNER CONTRACTOR AND DOLLAR OFFER
29 Mariemont Ave. Haskell Tree & Landscape $1,820.00
Jeanette Ruperti P.O. Box 41
Buffalo, N.Y. 14220 Hamburg, N.Y. 14120
ABC Tree
Shrub & Landscaping $3,350.00
Services, Inc.
P.O. Box
52
N.
Tonawanda, N.Y. 14120
One dead 50" Barden Tree Service, Inc.
$3,900.00
Cottonwood Tree 117 Roycroft Blvd.
Snyder,
N.Y. 14226
C. Mays
Tree Experts $6,800.00
460
Gould Ave.
Depew,
N.Y. 14043
Th e
Davey Tree Experts $8,500.00
1200
Commerce Pkwy.
Lancaster, N.Y. 14086
Advanced Tree Service, Inc. $11,250.00
69
Cemetery Rd. P.O. Box 548
Lancaster, N.Y. 14086
I hereby certify that Haskell Tree & Landscape is the lowest responsible bidder
and that the low bid submitted be accepted.
We, therefore, respectfully request that upon the approval by Your honorable
Body, the work will be ordered done and the cost of the tree removal be
assessed against the property benefited and collected from the parties
responsible. The cost of this work will be charged to Special Assessment Fund
500-00-002.
MR. FAHEY moved:
That the communication from the Acting Commissioner of Parks dated January 30,
1991 be received and filed; and
That the Acting Commissioner of Parks be and he hereby is authorized to let a
contract to ABC Tree, Shrub and Landscaping Services, Inc. for emergency
removal of a hazardous tree at 29 Mariemont Avenue, and that the cost of said
tree removal be charged to Special Assessment Fund 500-00-002; and
That the cost so charged be collected from the owner or person in possession of
the premises and/or assessed against the property benefitted.
PASSED
AYES-13 NOES-0.
FROM THE COMMISSIONER OF POLICE
No.40
CCP # 202 January 22, 1991
Special Combat Zone
In response to the above CCP # 202 of January 22, 1991 - "Special
Combat Zones", I submit the following information:
1. Your first whereas states the "Combat Agreement" is from January 1, 1991 to
December 31, 1991; this is not factual. The Grant will not commence until April
1, 1991 and then only if it is finalized by the State.
2. Your last whereas states the Buffalo Police Department has received, through
"Combat", more funds to address the drug problem. This also is not factual; we
have received no funds whatever from the "Combat" Grant as yet.
3. In as much as only five of the Officers which will be funded by the Grant
will eventually have to be used on the West Side, there will still be 10 other
Officers to be funded by the Grant and which can be used in all other areas of
the City as needed. At the present time the Street Crime Unit is being used
throughout the City to combat the drug problems. For this reason, there is no
need for another Task Force.
4. There will be a total of fifteen Officers assigned full time under the
"Combat" Grant if and when we receive it. Additionally, the regular Narcotics
Bureau, which has a total of thirty one personnel, is also constantly working
throughout the City.
5. Funds from the Division of Criminal Justice Services will not be used
exclusively to support only the West Side; the squad will work throughout the
entire city.
REFERRED TO THE COMMITTEE ON FINANCE.
No.41
Item #217 C.C.P. January 22, 1991
"Recover Costs for Emergency Calls"
The following is in regard to your correspondence of January 23,
1991.
(1) We do not keep an exact number of the auto accident emergency response
calls for the year.
Enclosed are sheets from Central Police Services showing a summary of motor
vehicle traffic accidents from January to October, 1990. (Figures for the last
two months are not available at this time.)
We cannot say which of these were emergency calls although the fatals and most
of the injury accidents obviously were.
(2) As shown in the printout, 120 accidents investigated involved persons who
were drinking.
(3) This department has no figure on damages and associated costs of damages to
public property as a result of 1990 accidents caused by drivers under the
influence. Possibly the Law Department or the Department of Public Works would
have figures on this.
(4) Without knowing the number of emergency calls, it is difficult to estimate
the cost of answering such calls.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
NO.42
SETTLEMENT OF PROPERTY DAMAGE CLAIM -
ERMA and JOSE RUIZ
On June 21, 1987, a vehicle owned by Erma Ruiz and driven by Jose
Ruiz struck a fire alarm call box. A lawsuit was commenced against Ms. Ruiz to
recover for the damage to the alarm box. Colonial Penn Insurance has submitted
an answer denying liability.
The alarm box was repaired by City employees on City time. The cost of
repair was estimated to be $2,021.37. This included a ten percent charge for
overhead and a charge for equipment at $15.00 per hour.
The insurance carrier for Ms. Ruiz has offered to settle this matter for
the sum of $1,617.10 (80% of the total amount). The Law Department recommends
acceptance of this settlement offer for the following reasons. First, the
estimate could be questioned because of the inclusion of an overhead charge,
the approximation of the cost of equipment, and the fact that all labor was
done in-house. Furthermore, additional costs would be incurred in placing the
case on the trial calendar and in discovery costs.
Therefore, it is respectfully requested that Your Honorable Body
authorize the settlement of this matter for the sum of $1,617.10 payable to the
City of Buffalo.
Respectfully submitted,
MR. FAHEY moved:
That the communication from the Corporation Counsel dated January 24,
1991 be received and filed; and
That the Corporation Counsel be and he hereby is authorized to settle the
claim of the City of Buffalo against Erma and Jose Ruiz for damage to a City
fire alarm box, for payment to the City in the sum of $1,617.10.
PASSED
AYES-13 NOES-0.
No.43
M. CRISCIONE - REIMBURSEMENT OF SICK TIME
(ITEM NO. 85, C. C. P., JANUARY 22, 1991]
The above-referenced item was referred to the Committee on Civil
Service and to this Department for comment.
Ms. Criscione, an employee of the Board of Education, seeks reimbursement
for one-half day sick time which she alleges that she lost when she slipped and
fell on icy pavement in Niagara Square.
The proper procedure is for Ms. Criscione to file a claim with the Law
Department. We will investigate the claim and, if we deem that it has merit,
we will recommend settlement of the claim to Your Honorable Body in return for
execution of a General Release by Ms. Criscione.
We will contact Ms. Criscione and recommend this procedure to her.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.44
ABATEMENT OF UNCOLLECTIBLE ACCOUNTS
(No.22, C.C.P., JAN. 22,1991)
This is in response to your inquiry regarding the request by the
Department of Audit and Control to abate various accounts receivable.
As you are aware, any attempt to collect difficult accounts results in
some accounts which are uncollectible. Nonetheless, the Law Department has
instituted some procedures, including increased utilization of small claims
court, in an effort to reduce uncollectible accounts to an absolute minimum.
In the past, the Comptroller's Office would send between three and eight
notices to a listed party. Thereafter, the matter would be forwarded to the
Law Department for collection in large groups. This would limit the ability of
the Law Department to investigate a claim and bring a lawsuit within the
required period. In September of 1990, the Law Department met with the
Department of Audit and Control to increase the efficiency of the collection
process. The Law Department recommended that only two notices be sent to a
responsible party and thereafter the matter would be forwarded to the Law
Department for suit. The Department of Audit and Control has accepted this
recommendation. This has the effect of substantially reducing the mailing
costs relating to collection matters and bringing these matters to the Law
Department more expeditiously. This will reduce the number of files where
parties cannot be located and prevent problems of timeliness.
Approximately thirty-five (35) files were not forwarded to the Law
Department for collection. Numerous other accounts were determined to be
uncollectible for a variety of reasons. In approximately forty-three (43)
cases, the potential responsible party could not be located. In various cases,
there appeared to be no legal liability or negligence on the part of the listed
parties. In twelve (l2) cases, stolen vehicles were involved. In approximately
fifteen (15) cases, another unknown vehicle caused the damage rather than the
listed party.
Seven (7) files were received from the Comptroller's office after the
expiration of the appropriate statute of limitations. At least four (4) cases
involved bankrupt parties. Two cases involved out-of-state defendants and were
deemed to be uncollectible. One file had been abated by prior Council action
(i.e. Malamute Restaurant in June, 1989). Two claims were in fact previously
paid. One account involving a contractor had previously been abated or
withdrawn by the Department of Public Works (i.e., Siegfried Construction).
Twelve (l2) files had been received at or near the statute of limitation.
In the Pinto Construction matter our investigation revealed that there
was no liability on the part of the contractor. In the Yellow Cab matter the
company denied liability and alleged that a City obstruction in the road caused
the accident. Yellow Cab filed a notice of claim against the City. After
investigation, it was determined that the Albert Elia Construction Co. matter
was one of questionable liability on the part of said company. The tree damage
claim against National Fuel, which occurred during the construction of the
Pedestrian Mall on Main Street, appears to have been a billing error (National
Fuel had to remove a tree in order to route a gas line). The Department of
Audit and Control advises that this request is a bookkeeping matter which was
formerly submitted on an annual basis. The list is longer than in the past
because no such request has been submitted during the past three (3) years. In
the future, we will submit these requests on a semiannual basis.
REFERRED TO THE COMMITTEE ON FINANCE.
No.45
INTERPRETATION OF WILL
KLEINHANS MUSIC HALL
(Item No. 25, C.C.P., Nov. 27, 1990)
Your Honorable Body has requested an opinion from this Department
regarding Comment No. 2 in the Comptroller's Audit of Kleinhans' Music Hall
dated November 16, 1990, and filed as Item No. 25, C.C.P., November 27, 1990,
and the response thereto by the Board of Trustees of Kleinhans' Music Hall,
filed as Item No. 102, C.C.P., November 27, 1990.
Comment No. 2 of the above audit disclosed that KMH has $164,123.11 in
two investment accounts, being held in reserve and separate from KMH operating
funds, and suggested that KMH notify the City of Buffalo of the anticipated use
of these funds. The above response from the Hoard of KMH, dated November 21,
1990, contained as attachments a resolution of the Board of Trustees dated
October 19, 1990, declaring the above-referenced funds to be reserved for
"maintenance and construction," in keeping with the intent of the wills of
Edward and Mary Kleinhans, the benefactors of Kleinhans Music Hall. Your
Honorable Body requested this office to meet with representatives of the Board
of Trustees of Kleinhans Music Hall and the Comptroller's Office, to examine
the wills of Edward and Mary Kleinhans, and to render an opinion on the
question of whether the above-referenced funds are indeed restricted for
capital improvements, as the Kleinhans Board argues, or whether they are
available to reduce KMH's operating shortfall. We have met with
representatives of the Board of KMH, and have reviewed the Kleinhans' wills and
other pertinent documents. The following is our analysis of the situation.
HISTORY
Edward Kleinhans, a prominent Buffalo department store scion, died in
1934. His will, dated October 29, 1932, contained, in paragraph 4 thereof, a
bequest of his residuary estate to the Marine Trust Company, to be held in
trust and used to erect a suitable music hall for the City of Buffalo. He also
created a separate trust, with a bequest of $40,000 as the corpus, to provide a
life income for a nephew and his wife, and upon the death of survivor of the
nephew and his wife, and upon the death of survivor of the nephew and his wife,
the remainder of the corpus of that trust would be paid into the trust for the
benefit of Kleinhans Music Hall.
Later in 1934, Edward's wife, Mary, also died. By the terms of her will,
dated February 26, 1934, she bequeathed her residuary estate to the trust which
had been created under her husband's will, for the purpose of building "a
suitable music hall for the City of Buffalo." Her will also created a separate
trust, with a corpus of $60,000, to provide a life income to an aunt and her
husband, and upon their demise, the remainder was to go to the trust
established under her husband's will for construction of a music hall. The
testamentary trust created under the will of Edward Kleinhans and augmented by
the residuary estate of Mary Kleinhans, although substantial, proved to be
insufficient to fund the full construction of the proposed music hall.
Accordingly, in October of 1938, the City of Buffalo entered into a contract
with the Federal Emergency Administration of Public Works, recorded at Item No.
4, C.C.P., October 7, 1938, whereby the federal government gave the City of
Buffalo a grant to cover part of the cost of construction of the music hall,
subject to certain conditions which were contained in the grant agreement.
Among the conditions were:
1. That the KMH should be maintained, operated and administered as a
music hall for the use, enjoyment and benefit of the people of the City of
Buffalo;
2. That the City of Buffalo must at all times retain title to the
music hall and the site thereof and shall never convey the same or any part
thereof to any person whatsoever;
3. That the City of Buffalo shall at all times retain control of the
music hall;
4. That the City of Buffalo shall never consent to an amendment of the
by-laws of Kleinhans Music Hall, Inc., so that less than a majority of the
members of the Board of Directors would be city officials.
The agreement was ratified by the Common Council and executed by the
Mayor, and Kleinhans Music Hall was subsequently constructed at a cost of
approximately $1,350,000 with $750,000 being provided by the testamentary trust
created under the will of Edward Kleinhans, and $584,000 being provided in the
federal grant from the WPA. Therefore, it is apparent that the use and control
of KMH is restricted both by the terms of the will of Edward Kleinhans, and by
the 1938 funding agreement with the federal government.
To complete the picture, and of critical importance to the question
presented here, we need to consider the trust created under the will of Edward
Kleinhan's for the benefit of his nephew, Horace Beecher, and the trust created
under the will of Mary Kleinhans for the benefit of her aunt, Emma Hudson.
Both of those bequests provided that the beneficiaries were to receive a life
income only, with the remainder over upon the death of the life beneficiaries,
to the trust for the benefit of Kleinhans Music Hall. Eventually the life
income beneficiaries, Mr. Beecher and his wife and Mrs. Hudson and her husband,
all died, and the corpus of those two trusts were paid to Marine Midland Bank,
to be held in trust for the benefit of Kleinhans Music Hall.
In 1956, the City decided that an expansion of the parking lot at
Kleinhan's Music Hall was badly needed, and appropriated $100,000 for that
purpose in the Capital Budget, provided that the Board of Trustees of Kleinhans
Music Hall, Inc., appropriate a similar amount from the Kleinhans' Trust. There
was at that time approximately $91,000 in the corpus of the Kleinhans' Trust,
the source of which was the remainder over of the Trusts for the benefit of the
Beecher and Hudson families. On December 26, 1956, the Board of Trustees of KMH
adopted a resolution asking the Trustees of the Kleinhan's' Trust, Marine
Midland Bank and the Buffalo Foundation, to appropriate that money for the
purpose of acquiring three houses on Normal Avenue, demolishing them and
building the parking lot. On January 4, 1957 the Trustees of the Buffalo
Foundation approved the plan. They subsequently petitioned for a Judicial
Settlement of the Kleinhans' Trust, and the corpus was paid to the City to
cover part of the cost of the parking lot expansion, to be matched with
$100,000 from the
City Capital Budget. It has been the position of the Trustees of Kleinhans
Music Hall, Inc., that the corpus of this trust be always used for capital
purposes. Toward that end, the Trustees have been placing a portion of the
revenues from the parking lot in a restricted account, for the purpose of
replacing the $91,000 that was spent on the parking lot expansion in 1957, and
using those funds for "seed money" for a capital fund drive for renovations to
the Music Hall in conjunction with its 50th anniversary. It is their position
that the $164,123.11 currently in the restricted account represents the $91,000
of trust funds spent in 1957, plus compound interest.
CONCLUSION
Having examined the wills of Edward and Mary Kleinhans and various other
documents in some detail, we are unable to say with certainty whether the
Trustees' position is right or wrong. But we can say that it is colorable and
credible. As is so often the case, Edward Kleinhan's and his survivor did not
envision this precise problem arising, and so the language of the trust is not
as precise as we might wish. However, the Trustees correctly point out that it
uses the words, "build", "erect", and "maintain", all of which have a capital
connotation, and nowhere does it use the word "operate", or any word of like
meaning. Therefore, we are unable to say that the interpretation of the
Trustees of Kleinhans Music Hall, Inc., holding that these funds must be
restricted for capital purposes, is wrong.
The only way to get a more definitive answer that this is to bring an
Action for Construction of the Will in Surrogates Court, under Sec. 1420 of the
Surrogates Court Procedure Act (SCPA). Such an action can be brought by any
interested party, but it would be most appropriate for it to be brought by the
Trustees of Kleinhans.
In such a construction proceeding, the court will endeavor to interpret
the will to reflect the intention of the testator (Matter of Estate of Herrig,
1984, 22 Misc.2d 749, 471 N.Y.S.2d 809). In doing so, it will be governed by
what was apparently or presumably in the testator's mind at the time the will
was executed. (In re Oliverio's Will, 1979, 99 Misc.2d 9, 415 N.Y.S.2d 335).
If necessary, it will invoke the equitable doctrine of "cy pres." which means
"as near as possible." Utilizing these principles, the Court is likely to agree
with the interpretation of the Trustees.
In answer to the final portion of your question, under the terms of the
1938 contract with the federal government, it is clear that at all times the
City of Buffalo must retain ownership and control over Kleinhans, and must
always maintain it and operate it as a music hall for the benefit of the people
of the City of Buffalo. Therefore, if Kleinhans Music Hall, Inc., ceased to
operate, the City would still be obligated, by the terms of the above mentioned
federal grant agreement, to operate Kleinhans Music Hall.
REFERRED TO THE COMMITTEE ON FINANCE.
No.46
TRANSFER OF FUNDS - FIRE DEPT.
(NO. 131, C.C.P., JANUARY 8, 1991)
Your Honorable Body has referred the above-referenced Request
for Transfer of Funds from the Mayor, as part of his budget deficit reduction
package, to this office for a legal opinion addressing the following questions:
(a) Whether the Common Council has the power to block the reduction in
the number of Batallion chiefs and the reduction of one shift on the fireboat;
(b) Whether these reductions would constitute a change in the terms and
conditions of employment, requiring collective bargaining:
(c) Whether the Council can block the two above-referenced changes by
refusing to pass this transfer of funds.
We will answer these questions seriatim.
(A) The Common Council has no power to block either the reduction in
shifts on the fireboat or the reduction in the number of Batallions in the Fire
Department. The Mayor has the power to accomplish both by administrative
action. Section 263 of the City Charter requires Common Council approval for a
reduction in the number of fire companies; however, the Charter does not
mention fire batallions. They are created administratively, and may be
abolished administratively.
There is no reduction in the number of filled firefighters' positions, or
in the number of fire companies, envisioned in the Mayor's proposal.
Currently, the city's fire companies are distributed among five batallions for
administrative and operational supervision. Under the proposal, one batallion
will be abolished, and the companies which it contains redistributed among the
four remaining batallions. There are currently two vacancies for the civil
service title of batallion chief. These vacancies will not be filled. Two
more batallion chief positions will be eliminated by attrition when the
incumbents retire. In this way, the Fire Department will go from 20 batallion
chiefs distributed among five line batallions, to 16 batallion chiefs
distributed among four line batallions.
With regard to the fireboat, the proposal is to go from a 24-hour-a-day,
seven day a week operation to a 16-hour-a-day, seven day a week operation. It
will be staffed on two shifts--8:00 am. for 4:00 p.m. and 4:00 pm. to midnight.
It will not be staffed from midnight to 8 am. If the fireboat is needed during
those hours, it will be manned by means of a rotating wheel type callback
system. There are currently vacancies for three oilers and one pilot. The
shift reduction will be accomplished, and the savings achieved, by not filling
these vacancies.
Both of these changes can be accomplished by simply not filling vacancies
and reassigning employees to other work units. They can be accomplished within
the existing powers of the Mayor and the Commissioner of Fire under the City
Charter. No Council approval is required. (B) We do not believe that either of
these changes would violate the terms and conditions of employment, thereby
giving rise to mandatory collective bargaining. Nonetheless, it is our
understanding that the Division of Labor Relations is conducting discussions
with the union over the impact of these changes.
(C) The Council cannot block these changes by refusing to pass the
transfer of funds requested by the Mayor. As stated in A and B above, the
Mayor can accomplish the changes anyway, and by accomplishing the changes, he
can effectuate the savings which he projects. The only thing which the Council
can accomplish by refusing to approve the transfer of funds is that the surplus
which the Mayor's reductions will generate will remain in the Fire Department
budget codes for the time being, instead of being transferred to a reserve
account for State revenue shortfall, as the Mayor has requested.
This would accomplish no useful purpose, and may harm the city. The main
reason for the Request for Transfer of Funds at this time, is to signal to the
world at large, and especially to the city's bond rating agencies and
underwriters, that the City has taken action to provide for the reduction in
state revenue, and has sufficient reserve funds in a Reserve Account to deal
with the shortfall. Failure to take this action could possibly affect the
City's bond rating or the interest rate which it has to pay on its bonds and
notes.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.47
PVS - Use 55 Lee - Erect Building
Item No. 95, C.C.P., January 22, 1991.
The Department supports this expanded industry on the Buffalo
River. This project provides for the required setback and is an example of a
water-dependent industry as proposed in the administration's LWRP.
RECEIVED AND FILED.
No.48
P.V.S. Chemicals Inc. - Application to erect a two-story masonry building at 55
Lee Street for the manufacture of chemicals.
(Item No. 95, C.C.P., January 22, 1991)
Attached for your information is the Full E.A.F. and Draft Negative
Declaration for the project captioned above.:
MR. FAHEY moved
That the communication from the Commissioner of Community Development, dated
January 29, 1991, be received and filed; and
That Item No. 95, C.C.P., January 22, 1991 "P.V.S.
CHEMICALS INC. -APPLICATION TO ERECT A TWO-STORY MASONRY BUILDING AT 55 LEE
STREET FOR THE MANUFACTURE OF CHEMICALS" 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.49
A. Rybak - Application to use 150 Bailey Ave. for a car sales office and lot.
(Item No. 96, C.C.P., January 22, 1991)
Attached for your information is the Short E.A.F. for the project
captioned above
MR.FAHEY moved:
That the communication from the Commissioner of Community Development,
dated January 29, 1991 be received and filed; and
That Item No. 96, C.C.P., January 22, 1991, 1989 "A. RYBAK - APPLICATION
TO USE 150 BAILEY AVENUE FOR A CAR SALES OFFICE AND LOT" 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 1) 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.50
Report of Bids
Pilot Field Interim Improvement Phase II
As authorized by your Honorable Body, Item # 186, C.C.P.
October
31, 1989, I advertised for and received the following sealed proposals for
Pilot Field Interim Improvements Phase II which were publicly opened and read
on January 30, 1991:
BIDDER & WORK TYPE
GENERAL CONSTRUCTION WORK
Will be rebid. Bids were over estimate and two lowest contractors qualified
their bids as deviating from the specifications.
ELECTRICAL WORK
AMOUNT OF BASE BID ADD ALT. 2
CIR Electrical Const. Corp. $10,740
$5,890
1067 Harlem Road
Buffalo, New York 14227
Industrial Power & Lighting Corp. $11,350
$5,895
701 Seneca Street
Buffalo, New York 14210
Weydman Electric, Inc. $13,350
$7,240
747 Young Street
Tonawanda, New York 14150
Goodwin Electric Corp. $13,435
$6,245
121 California Drive
Williamsville, New York 14221
Dobkin & Gold Electric, Inc. $13,990
$7,500
6 Stetson Street
P.O. Box 748
Buffalo, New York 14240
Warrens Electric
$15,710 $7,431
77 Reading Street
Buffalo, New York 14220
MECHANICAL WORK AMOUNT OF BASE BID
John W. Danforth Co. $21,300
1940 Fillmore Avenue
Buffalo, New York 14214
Moffett Heating Corp. $24,790
26 Abbott Road
Buffalo, New York 14220
Allied Mechanical, Inc. $28,281
531 Virginia Street
Buffalo, New York 14202
Davis Refrigeration Co. $31,597
120 W. Tupper Street
Buffalo, New York 14202
The foregoing is a true and correct abstract of all bids received
and that the following are the lowest responsible bidders in accordance with
the plans and specifications. General Construction - Will be rebid.
Electrical Work - CIR Electrical Construction Corp. in the base bid
amount of $10,740 plus Add Alternate No. 2, $5,890 for a total of $16,630.
Mechanical Work - John W. Danforth Co. in the base bid amount of $21
,300.
The estimate for the electrical and mechanical work included above was
$45,000.
I recommend that Your Honorable Body authorize the Commissioner of
Community Development to order the work on the basis of the low bids. Funds for
this work are available in C.E.A. 415-717-101.
In order to have a majority of the work completed prior to the Buffalo
Bison's opening home game on April 17, 1991, your immediate approval of this
item is respectfully requested.
REFERRED TO THE COMMITTEE ON FINANCE.
No.51
Low-Income Housing
Tax Exemption
(No. 214,C.C.P.1-22-91)
You have asked for my comments on the Low-Income Housing Tax Exemption
Ordinance proposed by Mr. Franczyk. While I am not familiar with Article 18 of
the New York State Private Housing Finance Law, I have concerns about the
specific language used in the proposal.
First, it permits for multiple exemptions which I would not recommend .
If this is your intent it may be advisable to state that such multiple
exemptions can not result in a negative tax liability.
Second, it provides for a blanket exemption without showing financial
need. Given the length and amount of the exemptions I believe a financial
review should determine the actual exemption for a specific project, not to
exceed the amounts set forth in the proposed ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.52
Berger's Financial Problems
Item #220 (1/22/91)
Please be advised that neither the UDAG nor the Float Loan contemplated
for redevelopment of the properties located at 496-522 Main Street was either
closed or funded. We have worked with L.L. Bergers Inc. on a continuing basis
with the objectives of redeveloping their property and maintaining their
downtown retail presence. A variety of plans and ideas have been pursued
without success. We had closed on a $485,000 refinancing of a portion of their
private debt prior to the filing of the bankruptcy petition. I will keep you
apprised of further developments.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.53
ITEM #219, C.C.P. JANUARY 22, 1991
STUDY CONDITION OF PARKS
Please be advised that l have forwarded your request to the Law
Department for their advice.
RECEIVED AND FILED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
FROM THE COMMISSIONER OF STREETS
No.54
ITEM #56, C.C.P., JANUARY 8, 1991
INCREMENT IN RENT - ANIMAL SHELTER
I have requested $3,900 per month in the up-coming budget. This was done
to have the money available if the Council approved the rent increase.
I do not have the money available in the present budget.
REFERRED TO THE COMMITTEE ON FINANCE.
No.55
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 17, 1991, in the Department
of Street Sanitation, Dennis J. Whalen, 761 Tifft St., Buffalo, N.Y. 14220, to
the position of Truckdriver, Permanent, at the starting salary of $21,729.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.56
Auth. Spec. 20 Yr. Plan - Sec. 384
Item 200, CCP 1/22/91
This is in response to the above-referenced resolution relative
to an additional pension benefit which a municipality can elect to provide
pursuant to Section 384-e of the New York State Retirement and Social Security
Law. The Retirement System has notified the City of Buffalo that if the City
were to elect to adopt the provisions of 384-e, the additional cost to the City
would be $1.6 million per year.
Retirement benefits such as the one referenced in your resolution are a
term and condition of employment and as such must be negotiated between the
Administration and the applicable union. As a result, your resolution cannot
bind the City, is without legal effect, and can only be viewed as an expression
of Your Honorable Body's opinion.
The grievance arbitration award rendered relative to this same issue and
also referred to in your resolution has been appealed to the Supreme Court in
accordance with CPLR 7511, and is tentatively scheduled to be heard by Judge
George Francis on March 6, 1991.
In the meantime, the Administration has authorized that discussions of
this matter be conducted with the unions.
Should you wish to discuss this further, please let me know.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.57
ACQUIRE 28 HERTEL FOR $530,000
ITEM #205. C.C.P., JANUARY 22, 1991
The above referenced item has been referred to this office for
comment. It is a suggestion that the City of Buffalo be authorized to acquire
the waterfront property at 28 Hertel Avenue for the price of $530,000.
I must note that when this project was added to the 1989-90 capital
budget it was anticipated that $400,000 would be sufficient to acquire and
develop property for waterfront accessibility. We are now advised that the
acquisition cost alone will be $530,000 and development costs are expected to
be an additional $150,000 -200,000.
This $400,000 project has grown to $700,000 in less than two years which
amounts to a 75% cost overrun before the project has begun. In light of the
current and projected budget conditions the City is facing, I must recommend
that the City reconsider its willingness to undertake a $700,000 project to
build a public park with City funds.
At this time, I have no recommendations from where an additional $130,000
could be made available for this project.
REFERRED TO THE COMMITTEE ON FINANCE.
No.58
ADMINISTRATION POSITION - MONIES FOR RAISES/DEPARTMENT SUGGESTIONS FOR BUDGET
REDUCTIONS
At the January 14, 1991 meeting of the Common Council's Committee
of the Whole, the Council considered the Mayor's recommendation to transfer
$2,469,664 from the salary adjustment accounts of the 1990-91 City budget to
the State Police and Fire pension system account. This transfer is part of the
Mayor's plan to close a $6.7 million budget gap caused by State aid cuts to the
city.
At the meeting, Councilmember Rutecki asked if the City administration
would make a commitment to dedicate any surplus funds from the 1990-91 budget
to employee raises if the Council passed the $2,469,664 transfer. The Mayor is
willing to make such a commitment for an amount which equals the 1990-91
surplus, if any, up to $2,469,664 minus the cost of the 1990-91 City employee
raises, if any, which the City has paid or will pay from other budget accounts.
Also at the above meeting, Council President Arthur asked the Mayor to
provide all memoranda the Mayor received from City department heads which
contained suggestions for the Mayor's consideration on possible ways to close
the City's budget gap. The Mayor will not provide such memoranda. The Mayor
has determined that since the memoranda contain only suggestions which are not
final City policy or determinations, it is not necessary to release them.
REFERRED TO THE COMMITTEE ON FINANCE.
No.59
AUD CLUB LEASE EXTENSION
ITEM #95, C.C.P. OCTOBER 30, 1990
This is to respond to your letter of January 16, 1991, on the
above referenced topic 'which inquires 'whether or not an audit has been done
on the Aud Club and the Erie Basin Marina and, if so, 'when the audit was done.
Such audits are conducted by the Comptroller's office rather than this
office. The most recent audit conducted by the Division of Audit concerning
the marina rental was the revenue audit of the Division of Engineering's
operations. This audit covered the period October 1, 1987 to September 30,
1989. A copy of this audit is attached for your convenience.
The marina rental is generally on a two-year audit cycle as mentioned in
Item # 6 of the audit report. Please check with the Comptroller's office or
Division of Audit as to when the next audit will be scheduled.
REFERRED TO THE SPECIAL COMMITTEE ON ERIE BASIN MARINA LEASE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.60
SUPPORT USE OF 1420 MAIN BY COMMUNITY SERVICES
(ITEM No.84, C.C.P. 1/22/91))
This letter is in response to your request, dated January 23,
1991, for my "comments and/or recommendation" concerning Community Services'
proposal to convert 1420 Main Street (formerly the Engine #16 fire house) into
wheelchair-accessible housing.
In short, I enthusiastically support the proposal.
There is clearly a shortage of wheelchair-accessible housing in the City
of Buffalo. Moreover, as Mr. Foley correctly states, the proposed site is
centrally located and situated directly on the NFTA Rapid Transit line. In
fact, 1420 Main Street is just across the street from the Main-Utica subway
station.
Commissioner Degenhart informs me that the crime rate in the area is not
inordinately high and that the Precinct 66 station house is located only
one-half block from the proposed sight.
As for fire protection, Deputy Commissioner of Fire, Paul Kurzdorfer,
informs me that the Jefferson-Kingsley fire station which houses Engine #16,
Engine #21 and Hook and Ladder #6 --- is located less than a mile from 1420
Main Street. He estimates emergency response time to be approximately one (l)
or two (2) minutes.
In conclusion, I strongly urge the Council to demonstrate its commitment
to the disabled community of Buffalo by transferring ownership of 1420 Main
Street to Community Services for the purpose of converting the property into
wheelchair-accessible housing units.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No.61
Authorization of Certified Check for Purchase of Optical Disk Based Image
Processing System for the City Clerk
The City of Buffalo is purchasing the above equipment from 0A
Systems, Inc. for $184,970.00.
City regulations regarding performance bonds state, "Where the cost of
such purchase exceeds one hundred thousand dollars, the Common Council may,
upon the recommendation of the head of the city agency charged with the
execution of the contract, waive the requirement of a performance bond and
authorize instead the submission of a bank draft, certified check or letter of
credit in the amount of fifty percent (50%) of said cost."
I am hereby recommending to your Honorable Body that you waive the
performance bond requirement and allow the contractor to submit a certified
check for 50% of the total contract amount. Performance bonds have become
expensive during the past few years, and this requirement limits the number of
businesses that can bid with the City.
MR. FAHEY moved:
That the communication from the Commissioner of General Services be
received and filed; and
That the Commissioner of General Services be and he hereby is authorized
to accept a certified check in the amount of fifty percent (50%) of the total
contract amount, in lieu of a performance bond, from the vendor of the Optical
Disc Based Image Processing System for the City Clerk.
PASSED.
AYES-13 NOES-0.
No.62
CERTIFICATE OF APPOINTMENT
Appointment to become effective 8/1/90 in the Department of General
Services, Division of Inventory and Stores, Marlene M. Macey, 400 Benzinger St.
Buffalo, N.Y. 14206, to the position of Laborer II, Permanent, at the starting
salary of $8.59/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.63
INFORMATION ON EQUIP. OPERATOR- ANNOUNCEMENTS AND LISTS
In response to your request of January 15, 1991, attached herewith
please find a copy of the announcements of the examination for Equipment
Operator and the resulting eligible lists.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No.64
MAYOR REPORTED OUT OF STATE
ENCLOSED HEREWITH IS A LETTER FROM THE OFFICE OF THE HON.
JAMES
D. GRIFFIN, MAYOR, REPORTING HIS ABSENCE FROM THE STATE FROM THURSDAY EVENING
JANUARY 24, 1991, UNTIL MONDAY, JANUARY 28, 1991.
RECEIVED AND FILED
No.65
APPOINTMENT TO THE CHILD CARE TASK FORCE
I TRANSMIT THE FOLLOWING APPOINTMENT(S) TO THE CHILD CARE TASK
FORCE:
NAME ADDRESS APPOINTED BY
MARY JO HUNT 6 MIDDLESEX ALFRED COPPOLA,
DELAWARE DISTRICT
MR. FAHEY MOVED TO APPROVE THE APPOINTMENTS LISTED ABOVE. SECONDED BY
MRS.LOTEMPIO
ADOPTED
No.66
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:
COMPTROLLER- HERMAN L. POTTS
RECEIVED AND FILED
No.67
LIQUOR LICENSE APPLICATIONS
ATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR LIQUOR
LICENSES FRI THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD.
ADDRESS BUSINESS NAME OWNER'S NAME
604 HERTEL VONDY'S DELI PAUL VAN DER EMPTEN
RECEIVED AND FILED.
No.68
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:
POLICE- PAUL DELANO, JR., JANET KIENER, RAUL RUSSI
FIRE- HAROLD OLIVER, GREGORY NEBLETT (RETURN)
ADMINISTRATION AND FINANCE- LESLIE SCHMARDER, PETER LANE
RECEIVED AND FILED
No.69
REPORTS OF ATTENDANCE
VARIOUS BOARDS ETC.
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME FROM VARIOUS
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES, REPORTING THE MEMBERSHIP
ATTENDANCE AT THEIR RESPECTIVE MEETINGS:
BOARD OF PARKING
BUFFALO SEWER AUTHORITY
CITY PLANNING BOARD
CIVIL SERVICE COMMISSION (2)
CONSUMER ELECTRONICS BOARD
RECEIVED AND FILED.
No.70
NOTICES OF APPOINTMENTS
I transmit herewith communications received by me, reporting appointments
made in various departments. (minimum, flat rate, hourly, etc.)
CHARLES L. MICHAUX, III
City Clerk
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment to become effective 1/17/91 in the Department of Stadium and
Auditorium, Division of Memorial Auditorium, Norris Mays 416 Winslow Ave.,
Buffalo, N.Y. 14211, to the position of Laborer I, Seasonal, at the starting
salary of $5.98/hr.
Appointment to become effective 1/22/91 in the Department of Stadium and
Auditorium, Division of Memorial Auditorium, Kevin M. Fischer 127 Densmore St.,
Buffalo, N.Y. 14220, to the position of Laborer I, Seasonal, at the starting
salary of $5.98/hr.
FROM THE COMMISSIONER OF ASSESSMENT
Appointment to become effective 1/28/91 in the Department of Assessment, Carl
M. Nasca 99 Middlesex Rd., Buffalo, N.Y. 14216, to the position of Assessor,
Temporary, at the starting salary of $28,735.
FROM THE COMMISSIONER OF PUBLIC WORKS
Appointment to become effective 1/28/91 in the Department of Public Works,
Division of Water, Kathleen G. Smith 1049 Tifft St., Buffalo, N.Y. 14220, to
the position of Clerk, Non-Competitive, at the starting salary of $5.00/hr.
Appointment to become effective 1/22/91 in the Department of Public Works,
Division of Buildings, James F. Martino, Sr. 203 Potters Rd., 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 1/23/91 in the Department of Public Works,
Division of Water, Michael P. McGravis 173 Columbus Ave., Buffalo, N.Y. 14220,
to the position of Water Service Worker, Non-Competitive, at the starting
salary of $6.02/hr.
Appointment to become effective 1/29/91 in the Department of Public Works,
Division of Water, Michael C. Gugino 15 Dakota St., Buffalo, N.Y. 14216, to the
position of Machine Operator, Permanent, at the starting salary of $18,319.
Appointment to become effective 1/28/91 in the Department of Public Works,
Division of Engineering, Pamela L. Mayer 184 Aldrich Pl., Buffalo, N.Y. 14220,
to the position of Account Clerk Typist, Permanent, at the starting salary of
$18,425.
Appointment to become effective 1/18/91 in the Department of Public Works,
Division of Water, Robert H. Thompson 45 Bremen St., Buffalo, N.Y. 14213, to
the position of Caulker, Permanent, at the starting salary of $18,606.
FROM THE COMMISSIONER OF PARKS
Appointments to become effective 1/17/91 in the Department of Parks, to the
position of Rink Attendant, Seasonal, at the starting salary of $4.33/hr.
William Fletcher 383 Skillen, Buffalo, N.Y.
Frank Langdon 311 Downing, Buffalo, N.Y.
Joseph Staszczyk 475 Beard, Buffalo, N.Y.
FROM THE COMMISSIONER OF POLICE
Appointment to become effective 1/22/91 in the Department of Police, Ruth E.
Serafini 70 Trowbridge, Buffalo, N.Y. 14220, to the position of Report
Technician, Permanent, at the starting salary of $18,425.
FROM THE COMMISSIONER OF FIRE
Appointment to become effective 1/23/91 in the Department of Fire, John J.
Harter 79 Heussy St., Buffalo, N.Y. 14220, to the position of Assistant Marine
Engineer, Permanent, at the starting salary of $32,951.
FROM THE CORPORATION COUNSEL
Appointment to become effective 1/25/91 in the Department of Corporation
Counsel, Laura Scirri 33 Belvedere Rd., Buffalo, N.Y. 14220, to the position of
Law Clerk (Part-Time), Non-Competitive, at the starting salary of $5.63/hr.
FROM THE COMMISSIONER OF STREET SANITATION
Appointment to become effective 1/22/91 in the Department of Street Sanitation,
Patrick T. Caetano 11 South St., Buffalo, N.Y. 14204, to the position of
Laborer II, Seasonal, at the starting salary of $6.65/hr.
Appointments to become effective 1/21/91 in the Department of Street
Sanitation, To the position of Laborer II, Seasonal, at the starting salary of
$6.65/hr.
Douglas Barry 94 Tamarack Ave., Buffalo, N.Y. 14220
Robert D. Bell, Jr. 197 Hughes Ave., Buffalo, N.Y. 14208
Donald W. Colpoys 778 McKinley Pkwy., Buffalo, N.Y. 14220
Mark V. Fahey 248 Hancock Ave., Buffalo, N.Y. 14220
Mark E. McGill 39 Littlefield Ave., Buffalo, N.Y. 14211
John Tirone 45 Fairchild Pl., Buffalo, N.Y. 14216
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
Appointment to become effective 1/28/91 in the Department of Administration and
Finance, Division of Parking Enforcement, Ronald N. Lunghino 126 Eller Ave.,
Buffalo, N.Y. 1421, to the position of Teller, Permanent, at the starting
salary of $19,411.
FROM THE COMMISSIONER OF GENERAL SERVICES
Appointment to become effective 1/28/91 in the Department of General Services,
Inventory and Stores, Victor W. Leone 226 Norwood Ave., Buffalo, N.Y. 14222, at
the starting salary of $6.65/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.71
AMERICAN CANCER SOCIETY
FAVORS BAN ON TOBACCO VENDING
On behalf of the Erie County Unit of the American Cancer Society,
I would like to commend and support your efforts to ban cigarette vending
machines in the city of Buffalo.
You are helping save lives from tobacco related illnesses, especially
helping children. When an underaged youth illegaly purchases tobacco products,
he is able to purchase the deadly addictive drug nicotine. Smoking is
responsible for more than one of six deaths in the United States. It remains
the single most preventable cause of death in our society. Based on updated
data from Cancer Prevention Study II, the report estimates that smoking is
related to 390,000 deaths each year. Since 90% of all smokers began before the
age of 21, according to the Center for Disease Control Office on Smoking and
Health, it's vital that laws of this nature are developed.
Again, the American Cancer Society applauds your work. If I can be of
any assistance, please do not hesitate to call me
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.72
MID-BLAINE BLOCK CLUB
REQ. CITY MAINTAIN LOT 51 OAKGROVE- USED FOR PARK
The Mid-Blaine Block club initiated the idea of making the scant
lot at 51 Oakgrove Street into park space. Since that time the maintenance has
been maintained by residents of the block. Due to the ageing of the citizens,
it is becoming a concern for the maintenance. We do not want this area to
become an eye sore to the neighborhood therefore, we are asking you, the Parks
Department to become responsible for the maintenance of this property year
around
, e.g. cut the grass, remove garbage and trash, remove snow if necessary also plant shrubbery.
We request that this cite is dedicated as Park Land and solely for no
other purpose.. I hope you will give this request a favorable reply and set a
date for dedication. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, AND THE
CORPORATION COUNSEL.
No.73
THE BUFFALO ENTERPRISE
DEVELOPMENT CORPORATION
AUDIT REPORT THRU 5/31/90
Pursuant to the Ordinance of the City of Buffalo
Article KISS
- City Development Agencies, Section 152, we are hereby submitting a copy of an audited financial statement for The Buffalo
Enterprise Development Corporation for the year ending May 31, 1990.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.74
BUFFALO SABRES
COMMENTS- SITE SELECTION PROCESS/INTERNAL FEASIBILITY STUDY
As I have previously informed you, I am unable to attend this
evening's Task Force Public Hearing regarding site selection for the new arena
in view of limitations on my activities which have been imposed by my doctor as
a result of my recent illness. However, I would like to express in this letter
the Sabres view on certain aspects of the issue which you are considering.
It is essential that all parties consider the site selection issue in the
context of the ongoing arena planning and construction process of which it is a
part. The first step in that process was reaching an Interim Lease Agreement
between the Sabres and the City of Buffalo. In that document, the City
recognized the need for a new arena and effectively agreed to a timetable for
its completion. The community has recognized that the community needs a new
facility within the time frame described in the Interim Lease to assure the
Sabres economic viability, and the Sabres cannot accept any procedures which
would delay the implementation of this goal in view of the severe economic
burden that would be' posed by occupancy of the Aud beyond the 1993-94 season.
The second step in the process was the presentation of the site selection
study by Downtown Development, Inc. The Sabres have endorsed the DDI report
based upon the information available at the time the report was presented, but
recognize that it is only a starting point for the site selection process. Many
of the critical factors identified by the DDI report, such as the cost of the
facility and design and location of required parking facilities, remain to be
finalized pending more detailed study and consideration.
As we have previously informed you, in order to keep the process moving
forward, the Sabres have commissioned an architectural study by Ellerbe Becket
and an economic impact/feasibility study by Ernst & Young in order to provide
necessary data for consideration in the site selection process as well as to
provide a detailed description of the facility and present a preliminary
financing proposal to the Task Force. We expect to have the consultants'
studies and a financial proposal completed for presentation to the Task Force
by early April.
When seen in the context of this process, it becomes clear that some of
the specific objections which we have heard voiced regarding the DDI study,
such as cost, parking, and the effect of the arena on the Skyline are premature
until our consultants finalize their studies and we can present them to the
Task Force. Of course, it is appropriate for the Task Force to hold public
hearings to identify community concerns regarding the site selection, but we
hope that the Task Force and members of the public will recognize that the
specific details of the project described in the DDI report may be
substantially modified as a result of the studies. The Sabres intend to keep
an open mind regarding the final decision on site selection until all necessary
information is available and trust that others will do so as well.
Together with the presentation of the studies which we have commissioned
and a financial proposal, we will be presenting a timetable for the rest of the
steps in the process of planning and construction of the arena. It is
essential - that all concerned parties, including the Sabres, the Task Force,
the City Administration and other interested public and private parties, work
together so that we can keep the project on the agreed timetable. We believe
that it should be possible to proceed with many of the future steps in the
process concurrently in order to allow us to meet our mutual goal within the
allotted time.
We note that there have been some expressions of concern regarding the
amount of information we have provided with respect to financing and other
aspects 'of the project to date. Again, we must note that the information for
which you are looking must be developed in the context of the above-described
process. It would not have been in anyone's interest for us to provide
information and proposals which were not fully considered and backed by the
findings of recognized experts in the field. We will put detailed information
and proposals on the table in early April and then we must all proceed to reach
the decisions and take the actions necessary to get the project completed on
time.
We thank all of the members of the Task Force and concerned members of
the community for their continuing attention to this project. Please share
this letter with the members of the Task Force.
REFERRED TO THE TASK FORCE ON STADIUM/AUDITORIUM.
No.75
COMMUNITY ACTION ORGANIZATION
154 Maple Street
Buffalo, New York
S have enclosed for your information a photocopy of the deed from
the City of Buffalo to Fruitbelt Redevelopment Incorporated regarding the above
referenced premises. Please note that the deed contains a reverter clause
revesting title to the premises to the City of Buffalo if certain conditions
were not met
I left a copy of this deed with Councilman David Collins' office with a
request that his office initiate whatever action that is required to have the
City of Buffalo deed the property to the CAO.
It may be helpful if Herb Bellamy is apprised of this situation since it
will require both mayoral and council action
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No.76
COPY WORLD
Account #3024710-001
February 1990 Invoice Currently on Claims Review
This letter is to follow up the unpaid February 1990 invoice which
was faxed to you on November 20, 1990. This letter serves as a reminder that
this invoice is outstanding and payable upon your receipt. I am sure your
records will agree that this invoice was never paid.
Should you have any further questions, please contact me at 1-800-247-0032.
REFERRED TO THE COMMITTEE ON CLAIMS
No.77
DEVELOPMENT DOWNTOWN, INC.
Approval of Purchase of Jefferson-Best Site by Board of Education
Your approval is being sought for the purchase of a 7.6 acre site
by the Board of Education from The Buffalo Enterprise Development Corporation.
The site is the former location of the War Memorial Stadium parking lot.
The purchase price of $300,000 would be funded by a grant from
Development Downtown, Inc. utilizing former trust funds formerly held for the
redevelopment of the War Memorial site.
The contract of sale (see attached) has been approved by the Corporation
Counsel's office and was approved by the BEDC Board on January 18, 1991, and by
the Buffalo Board of Education on January 30, 1991.
The Board of Education plans to construct a City-wide Early Education
Facility for up to 1,800 students on this site. Details of this proposal are
contained in a communication dated 1/17/91 to Your Honorable Body from
Development Downtown, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No.78
DEVELOPMENT DOWNTOWN, INC.
Berger's Department Store Loan Status
This communication is in response to Item #220, CCP 1122/91 regarding
the status of UDAG and Float Loans approved for a project involving Berger's
Department Store.
The original project reviewed and approved in the UDAG application
included a $1 million UDAG and $5,932,000 of private financing. Under this
project, a private developer was to buy and renovate the property with L.L.
Berger consolidating its store on the lower two floors. The original
developer, Bradley Real Estate, withdrew from the project. Other developers
reviewed the project and were unwilling to commit to the purchase and
renovation, even with favorable UDAG and Float Loan terms. Meanwhile, L.L.
Berger's financial situation continued to deteriorate. The company is now in
Chapter 11.
Without a private developer, the UDAG and Float Loan was never closed.
Therefore, L.L. Berger presently owes nothing on these authorized loans.
However, The Buffalo Enterprise Development Corporation lent L.L. Berger
$485,000 in the form of a HUD 108 loan in an effort to provide the company with
working capital to assist in avoiding a Chapter 11 filing while discussions
continued on the development project. This loan is secured by revenue and a
first mortgage on L.L. Berger's parking lot.
At this date, L.L. Berger has defaulted on the HUD 108 loan, and an
earlier loan with a balance of $41,230. BEDC is pursuing the normal remedies
when such loans go into default. According to L.L. Berger's filings, the store
owes in excess of $1.3 million in Federal, State, and local tax liens and its
earnings picture is negative. The company has a chance to restructure its
financial affairs with the approval of the bankruptcy court. We are continuing
to monitor the progress of the overall situation and we find no basis for any
further lending to the company at this time.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.79
DEVELOPMENT DOWNTOWN, INC.
DDI Coordination with Sabres Studies
I received a letter from Council Staff dated 1/18/91 posing a
number of questions on the Sabres design and financial feasibility study (see
attached).
In response to these questions, I can state:
1. There is no formal agreement between DDI and the Sabres on the conduct of
these studies which are being wholly funded by the Sabres. Given the
introduction of new consultants
my office offered to supply "off the shelf" information to expedite their
work.
2. I cannot state with certainty either way whether the financial
feasibility study will include full comparables for each site. My office has
had no meetings yet with the financial consultant whose work would follow the
architectural and site cost work.
3. DDI staff assistance has been limited to providing copies of prior
reports, memos, or pointing to sources of information on base maps, soils, and
property data.
4. I have yet to have any contact with the economic impact consultant, but
the Sabres have been supplied with prior economic impact studies prepared by
DDI for the stadium expansion and the prior proposal to renovate the Aud.
I expect that DDI's staff will respond to future data requests as they
arise by the Sabres' consultants as the work progresses in the spirit of
cooperation which has marked this project from the beginning.
REFERRED TO THE TASK FORCE ON STADIUM/AUDITORIUM.
No.80
10 Ellicott Square Court Corporation,
Appeal Buffalo Preservation Bd. Decision
Proposed Awning Ellicott Square Building Atrium Florist
This letter shall constitute our appeal to your honorable body
from the decision of the Buffalo Preservation Board for approval of the
installation of a 3' awning in front of the Atrium Flower Shop on Main Street
at the Ellicott Square Building.
As background, the Buffalo Preservation Board has twice rejected our
application for such Installation without providing any legitimate rational for
its decision.
Attached is a copy of our application. The Preservation Board has
retained all the submitted information. It should be pointed out that
historically the Ellicott Square Building had awnings designed and installed in
accordance with the technology at that time. The awnings were not functional
and quickly disappeared because of the wind turbulence on Main Street.
Currently, an awning similar in design to that proposed for the Atrium
Florist exists on the building in front of the Forum Restaurant on the Main
Street side. The design permits a structure that allows for strength to
withstand the elements.
The awning for which we request approval is in keeping with this design
and will only extend 3' from the face of the building. I would like to point
out that one of the comments made by the Preservation Board was that they wish
to see a complete awning program proposal for the Ellicott Square Building. We
don't have such a program nor do we think it is appropriate to put awnings all
around the building.
This issue is simply the approval of a 9' wide arched awning extending 3'
out from the building over the entry of the Atrium Flower Shop at the Ellicott
Square. Colors do not seem to be a consideration.
We believe that the denial of our application is not justified and
therefore appeal to your honorable body to approve our application.
Thank you for your attention to the above.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BUFFALO PRESERVATION BOARD.
No.81
County of Erie
I am writing in response to your request to attend a meeting to
be held on January 23 relative to the distribution of the 1% dedicated sales
tax. I will not attend the meeting. My opinion on the proposed diversion of
the sales tax is a matter of public record.
I have taken the liberty to send you a copy of the letter which I sent to
the Editorial Board of The Buffalo News on this issue. I would add the
following dramatic examples of the negative impact of diverting sales tax
revenues as further justification for my position on this matter:
Local share Library funding would be cut by 49% or a whopping $8.74
million.
Cultural funding would be reduced from $4.7 million to $2.4 million --
nearly halved.
Several County parks would close since parks and recreational funding
would be cut $1.7 million.
The County Highway budget for snow removal and road maintenance and
repair would be slashed by $8.07 million.
The County' s contribution to Erie County College would be reduced by
$4.5 million.
Spending for services to senior citizens would be decreased by $1.19
million and youth funding would suffer a $330,000 cutback.
The $8.9 million subsidy for the Erie County Medical Center budgeted for
1991 would drop to $4.5 million
causing the shutdown of most hospital operations and elimination of
services.
Mental health services would be curtailed to the tune of $2.82 million.
AND THE LIST OF COUNTY SERVICES THAT WOULD BE DECIMATED GOES ON MD ON.
I hope that the information I have provided sheds light on the issue of
diverting the sales tax.
REFERRED TO THE COMMITTEE ON FINANCE.
No.82
Forest District Civic Association
FAVOR COUNCIL PANEL TO REDISTRICT
The Forest District Civic Association is in support of Councilmember
David Rutecki' s proposal to name a Bi-Partisan Committee to recommend new
boundaries for the nine council districts in the city of Buffalo.
Our association feels that neighborhoods must retain their identity in as
many ways as possible. Sometimes when boundaries are changed it is not always
beneficial to the majority of people living in them, but is being done for
political or other reasons.
We hope you might consider this proposal or perhaps another that might
even improve upon it. Obviously the best plan is the one that improves the
quality of life for the most citizens of the city of Buffalo, while disrupting
the least amount of its residents.
Thank you for your consideration in this vital matter.
RECEIVED AND FILED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA-11
NOES- PITTS, RUTECKI-2
I
No.83
MARINE TRUST COMPANY
WILL OF EDWARD KLEINHANS
As you requested, enclosed herewith please find copy of the Last
Will and Testament of Edward L. Kleinhans, dated October 29, 1932.
Please let me know should you or the Common Council require anything
further.
REFERRED TO THE COMMITTEE ON FINANCE.
No.84
Acquisition of the Real Property and Leasehold Improvements of the Property
commonly know as 1495 Fillmore Avenue, Buffalo, New York 14211.
(Old GE Building)
I am the Attorney and the Certified Public Accountant for Daniel
Mele, doing business as, Buffalo Core Company. Mr. Mele has directed me to
contact you and to express to you and to other members of the Common Council
his wish and desire to acquire 1495 Fillmore Avenue, Buffalo, New York 14211,
commonly known as the 'GE Building'.
My client, Mr. Mele, is in the Automotive Parts Distribution business.
His place of business is currently at 157 Comet Avenue, Buffalo, New York
14216. Mr. Mele has been in this type of business for several years.
Recently, the business has grown. It would appear that if through your
good offices, Mr. Mele should receive the opportunity to acquire the aforesaid
real property, and to receive financing assistance, it is our expectation and
belief that such business will grow substantially.
The potential business growth requires substantial capital, which will be
the crux to growth. Acquiring this facility will create the necessary physical
space for expansion, and with such growth potential, a very substantial number
of additional employees will have to be added. This type of activity fits in
and is well suited for many residents of your District. It would eventually
put the property on tax rolls and most importantly, will require many
employees.
Do to the size of the premises, Mr. Mele's ultimate objective will be to
develop and enter into and become an Automotive Parts Rebuilder Manufacturer.
This industry is a growth industry and is labor intensive; which of course
means substantial employment can be expected. Councilman, these are not pipe
dreams, but are a reasonable expectation which can be fulfilled and be of great
value to the residents of your District.
Mr. Mele is young, aggressive, enthusiastic, and knowledgeable about this
industry. I have no qualms about making these statements with a strong belief
that they can be accomplished, and the City of Buffalo benefit substantially.
I trust that this letter will be the beginning and result in the
culmination of a New Industry located in this landmark structure.
In the event you deem it appropriate, my client, Mr. Mele, and I are
available at any time to meet and discuss this matter with you.
It goes without saying that your cooperation and interest is essential
and necessary and will be most appreciated.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No.85
National Association for the Advancement of Colored People
OPPOSE "CURFEW LAW"
LET IT BE KNOWN that the Buffalo Chapter of the National Association
for the Advancement of Colored People, by unanimous vote on January 10th, 1991
of the Board of Directors, adopted the following resolution in opposition of
the proposed Amendment to the Public Places Law, hereinafter referred to as the
"Curfew Law" which is pending before the City of Buffalo Common Council:
WHEREAS, the City of Buffalo Police Department has a history of
selectively enforcing laws targeting young African American Males and there is
a clear and present danger that the Curfew Law will be selectively enforced;
WHEREAS, there are already sufficient existing laws that prohibit loud
and abusive behavior and other illegal conduct thereby giving the police the
power to arrest youths who are not law abiding, the Curfew Law will only serve
to give the police the power to arrest youths who are law abiding;
WHEREAS, most elderly people are home at 11:00 pm. it is unlikely that
the law will protect those that it is designed to protect;
WHEREAS the City of Buffalo Police Department has a shortage of manpower,
the enforcement of the Curfew Law will deprive the police of resources
necessary to enforce more serious violations of crime;
WHEREAS, the City of Buffalo Courts are congested the Curfew Law will add
to the heavy case loads of judges and prosecutors and their resources will be
diverted from handling more serious crimes.
RESOLVED, the Buffalo Chapter of the National Association for the
Advancement of Colored People is opposed to the Curfew Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.86
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
CHURCH SIGN- VIRGINIA/ GRAPE
This is in response to your letter dated January 23, 1991 with
an attached resolution, "Use Plaza - Virginia/Grape - Church sign" Item 221,
C.C.P. January 22, 1991 as adopted by the Cornon Council.
We have reviewed the contents of the resolution as well as the Table of
Maintenance (copy attached) for the contract which built Section No. l of the
Kensington Expressway. As a result, we have determined that the N.Y.S..
Department of Transportation has no jurisdictional responsibility over the
triangular concrete island on which the Gethsemane Baptist Church wishes to
install a sign. As noted in the Table of Maintenance, Part 35, which refers to
the North Service Road, stipulates that the City is the agency responsible for
the North Service Road.
Consequently, we would suggest that the City of Buffalo Department of Public
Works be contacted relative to conducting appropriate reviews as well as
issuing any necessary permits for the installation of this sign. If you have
any questions relative to this matter, please do not hesitate to call me at
847-3268.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No.87
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
POLICE POLICIES- BUFFALO'S FIRST NIGHT CELEBRATION
By correspondence dated January 9, 1991 you have requested that
the NFTA file a report on the availability and deployment of NFTA police for
the "First Night's Main Street Festivities". This request has been prompted by
the Common Council's concern over incidents of crime and violence that were
reported at the conclusion of the Celebration.
Pursuant to the NFTA's enabling legislation (Public Authorities Law
1299[e][13]), NFTA police are empowered to enforce NFTA rules and regulations
"and to compel the observance of law and order on the properties, facilities
and improvements of the [NFTA] for the protection and administration of such
property.. and the traveling public using such
In keeping with this jurisdiction, the NFTA police deployed six uniformed
and two plainclothes officers to the Main and Huron area for the period from
11:00 pm. December 31, 1990 until 1:00 am., January l, 1991. Some of these
officers had been reassigned from their normal station posts along the LRRT
System, while others represented additional manpower. The officers' primary
objective was to assure the safety of LRRT passengers boarding the trains and
pedestrians within the vicinity and limits of the trackway. In fact, the
presence of thousands of celebrants on Main Street necessitate police escort of
the trains through the crowds.
No arrests were made by NFTA police, no criminal activity was observed by
this detail, nor was there any summons for assistance made to any of the NFTA
officers.
We hope this information proves useful in your inquiry. should you have
questions, please contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.88
LINDA PRZEPASNIAK
DISCLOSURE STATEMENT
I am employed by the City of Buffalo Urban Renewal Agency as Senior
Administrative Manager and publicly disclose that Eugenia Przepasniak is my
mother-in-law and that I have no past or present business ties with her.
Pursuant to HUD regulations I am making this disclosure so that Eugenia
Przepasniak may receive a deferred loan for repairs to her home at 790 South
Division Street.
RECEIVED AND FILED.
No.89
MICHAEL SLATER
REQUEST REVIEW OF COMMISSION DECISION TO DEFER APPOINTMENT
This letter is in response to the decision made by your office
concerning the disapproval of my inclusion into the Police Academy Training.
On January 2, 1991, l reported to Dr. Gregory Daniels for a weight recheck.
After this appointment I was verbally approved by him in meeting the required
weight standards.
On January 3, 1991, Phyllis Gerard called me and verbally verified the decision
by Dr. Daniels and instructed me to call the Buffalo Police Academy (Mr. Mike
Lyons) and inform them of the decision and find out my next step. Mr. Lyons
informed me that Dr. Daniels' decision must be made in writing and sent to the
Academy. I then called Ms. Gerard back and stated the decision must be in the
form of a letter and forwarded to the Academy. Ms. Gerard said she would call
the Academy and explain why a letter was not sent. Ms. Gerard spoke to Lt.
Reppic and verified Dr. Daniels' approval and told him to begin processing my
paper work.
Ms. Gerard called me back and stated that everything was okay and that I should
be receiving a letter in a few days that will explain my next step in
processing. Mr. Lyons immediately called me back and verified his conversation
with Ms. Gerard and that he was then typing a letter concerning my next step in
final processing.
On January 7, 1991, I reported downtown to take pictures and prints. On
January 10, 1991, I called and spoke to Lt. Reppic and at that time was
informed of a problem concerning my weight which was expressed by the Civil
Service Commission and and if I received anything in the mail about it. At that
time I had not received - anything. Mr. Lyons stated that I haven't been
notified in writing of any problem that I should continue with processing. I
then called Ms. Gerard and asked her if there was any problem concerning my
weight. She informed me that I was being put on -the deferred list. I asked
her to explain why this was done, inspite of the approval by Dr. Daniels on
January 2. She stated the Civil Service Commission overturned Dr. Daniels'
decision based on height and weight requirements.
I feel this decision was not correct. I am in excellent condition inspite of
my weight. Dr. Daniels also feels that my weight was acceptable and would not
pose any problems during my training. Is there any way the Commission could
review my case again and have this decision overturned.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.90
UNITED PARENTS
FAVORS BUFFALO SCHOOL CONSTRUCTION AUTHORITY
I am a parent of 2 Buffalo Public School children. For the last
three years I have been President of my children's school Parent Teacher
Organization. I am also a Co-Chair of United Parents a citywide parent group
that advocates for the needs of Buffalo Public School children.
I am writing to you regarding Governor Mario M. Cuomo's "Message to the
Legislature," dated January 9, 1991. On page 30 the Governor talks about
submitting legislation to give school districts access to the services of the
Dormitory Authority. This would allow school districts to keep pace with
increasing enrollments and to repair deteriorating school buildings. It is my
understanding that this is already in place in New York City under the title
"New York City Schools Construction Authority". From the information that I
have been able to obtain on this subject, this method seems to be working well.
Here in Buffalo. we are experiencing problems very much like those of New
York City. We have very few financial resources to cope with our problems. We
are one of 5 SCHOOL DISTRICTS in the state, which includes New York City, with
NO independent authority to raise funds.
Accordingly our teachers are teaching our children in inappropriate
teaching spaces. These spaces include closets, bathrooms, hallways, stages and
auditoriums etc.. We have 77 schools, of which 75% are over 60 years old. Many
have received little or no maintenance over the years and are literally falling
apart. The school system is currently leasing 23 facilities at a cost of
$874,255.00 dollars per year,and it is also leasing 8 to 10 facility satellites
at a cost of approximately $96,275.00 dollars per year. The school district is
currently leasing approximately 250,000 square feet of space. Projected needs
are for 75 additional classrooms per year for the next 10 years. For the 91/92
school year the Superintendent of Schools is recommending that the district
purchase 37 portable classrooms at a cost of $3.7 million dollars.
Therefore I am requesting that the Common Council send a "Home Rule
Message" asking the Governor to submit to the legislator, legislation allowing
the Buffalo Public Schools access to the services of the Dormitory Authority.
Please also send a copy of this "Message" to the State Legislators asking them
for their support. We need your help and support. Thank you!
REFERRED TO THE COMMITTEE ON FINANCE.
No.91
KENNETH VAUGHN
JAMES COWIE
REQUEST RENT REDUCTION; REIMBURSEMENT FOR REPAIRS AND GAS BILLS- LASALLE
CONCESSION
On March 13, 1990 your Honorable body authorized the Parks Department
to send out specs for the operation of the concession stand at LaSalle Park.
On April 4, 1990 the bids were reported to the Common Council. The Common
Council did not approve our successful bid of $14,400 until May 30, 1990.
The agreement we have with the City of Buffalo grants us the authority to
operate the LaSalle Concession stand frog April 1990 through October 1990 and
from April 1991 through October 1991. As a result of the Common Council not
approving our bid until May 30, 1990 we lost five (5) weeks of operation fro:
the day the bids were first reported to the day that it was finally approved.
In between the approval date and the day we finally opened was an additional
four (4) weeks. Through no fault of our own, but as a result of the condition
the building was left by the previous concessionaire, we had to deal with the
Health Department, Department of Public Works and Building Inspectors to bring
the building up to code before we were able to open.
He finally opened for business on June 28, 1990 losing three (3) months
of business and therefore only operating July, August and September of the 1990
season. Our rental agreement with the City of Buffalo says that we are to pay
the City of Buffalo $14,400. However, because of the shortened season imposed
on us, we believe we lost three (3) good months of business due to situations
beyond our control. Also, another factor that we feel hurt us was the closing
of Amvets Drive due to construction work that had to be done at the Water Works
Building. The closing of Amvets Drive was never :mentioned during the bidding
process.
We would appreciate your consideration of reducing our 1990 annual bill
50%. Instead of $14,400 we are asking that the Common Council approve a
reduced rent of $7,200. We feel this is reasonable and fair and would hope you
would give us every consideration.
As mentioned before the LaSalle concession stand was in very poor
condition through no fault of our own and a number of repairs had to be
completed before we were able to open for business. He invested materials,
time and money into the building. Here is a list of repairs that needed to be
completed and we feel a reimbursement of $1000.00 would be adequate.
- Painted entire inside of building
- Installed aluminum window in back of building
- Installed screen door
- Plumbing - Installed laundry tray, faucets and two (2) shutoff valves
- Installed and painted caps on knee wall around patio
As stated in the agreement the City of Buffalo is required to pay the gas
bills. We paid a total of $118.34 to prevent the gas being shut off. He would
appreciated a refund of $118.34 to cover what we paid to National Fuel.
- August 1990 - $71.72
- October 1990 - $31.79
- November 1990 - $14.83
TOTAL $118.34
Below is an itemized breakdown we would hope Is acceptable to your
Honorable Body.
$14,400.00 Seasonal rent
-$ 7,200.00 Reduced rent
$ 7,200.00 Adjusted rent for 1990 season
-$1,000.00 Repairs to concession building (labor & materials)
$ 6,200.00
-$118.34 Gas payment made to National Fuel
$ 6,081.66
-$ 3,850.00 Amount paid to City to date towards lease
$ 2,231.66 Total we feel is owed to the City of Buffalo
Thank you for your consideration in trying to help us rectify this
situation. If the need arises we are willing to come before your Honorable
Body to answer any questions you may have. Thank you in advance for your
cooperation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, THE
COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
No.92
Vernon Triangle Block Club
OPPOSE TOTAL REMOVAL OF VERNON PARK
At a meeting of the Vernon Triangle Block Club on January 24,
1991. the following points were raised in response to the resolution "Study
Vernon Triangle Park for Removal by DPW":
l. In light of the city's present fiscal constraints, the estimated cost
of $96.000 by Public Works makes the park's removal unrealistic.
2. Some residents were also concerned that total removal of the park
would increase parking and traffic problems.
3. As an alternative. it is suggested that only the planters, benches,
and what remains of the "mugger's wall" be removed. This plan would remove all
eating areas reducing the problems of loitering and litter.
4 Residents expressed concern that all the trees remain. The flowering
trees currently in the planters enhance the park and would require a simple
structure to contain the soil.
5. Residents also expressed a need for more lighting in the park.
6. Should the proposal to remove she planters have to eo to the
Department of Public Works for another estimate, we worn] 'l appreciate
receiving a breakdown showing specific costs.
7. Residents expressed a willingness to help in the removal of the
planters to help offset any costs.
8. Finally, it is hoped that removal of the planters can be take place in
May of this year as warn weather is witness to the most serious problems in
this park.
Thank you for the opportunity to respond to this resolution. We look
forward to the Council's support in this action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
No.93
ANTHONY BATTAGLIA, OWNER, PETITION TO USE 2532 MAIN STREET FOR AN EIGHT FAMILY
MULTIPLE DWELLING.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.94
NORFOLK SOUTHERN CORP., OWNER, PETITION TO USE 27 OWAHN FOR OFFICES WITH
PARKING.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.95
2468 GROUP, INC., OWNER, PETITION TO USE 492 GRANT FOR A POLE SIGN.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.96
DA VINCI HIGH SCHOOL STUDENTS - OPINIONS ON CURFEW FOR CHILDREN.
REFERRED TO THE COMMITTEE ON LEGISLATION.
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.97
REQUESTED INFORMATION//VACANCY/MODERNIZATION REPORTS(BMHA)
(Item # 82 CCP MAR 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.98
SUSPENSION OF MODERNIZATION FUNDS (BMHA)
(Item # 83 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.99
INFORMATION/VACANCIES/MODERNIZATION (BMHA)
(Item # 85 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.100
SUSPENSION//BMHA MODERNIZATION FUNDS(#241 10/16)
(Item # 120 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.101
APPOINTMENT
AUDIT & CONTROL//SYSTEM SUPPORT ANALYST
THAT COMMUNICATION NO 23 CCP JAN 22, 1991 BE RECEIVED AND FILED
AND THE TEMPORARY APPOINTMENT OF JAMES SEGUIN STATED ABOVE AT THE MAXIMUM
SALARY $34,389.00 EFFECTIVE ON JAN 21, 1991 IS HEREBY APPROVED.
PASSED
AYES-13 NOES-0
No.102
APPOINTMENT
PUBLIC WORKS//WATER SERVICE WORKER
THAT COMMUNICATION NO 33 CCP JAN 22, 1991 BE RECEIVED AND FILED
AND THE PROVISIONAL APPOINTMENT OF PAUL M. KUJAWAKI STATED ABOVE AT THE
INTERMEDIATE SALARY $19.583.00 EFFECTIVE ON JAN 16: 1991 IS HEREBY APPROVED.
PASSED
AYES-13 NOES-0
No.103
NOTICES OF APPOINTMENTS (C.CLERK)
(Item # 78 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.104
DISTRIBUTION OF SALES TAX PROCEEDS (MAYOR)
(Item # 3 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.105
AMEND CABLE FRANCHISE/ADDITIONAL FUNDS FOR PUBLIC ACCESS
(Item # 182 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
NO.106
AMEND CATV FRANCHISE AGREEMENT (CC)
(Item # 44 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.107
AMEND CATV FRANCHISE AGREEMENT (A&F)
(Item # 60 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.108
RENEGOTIATE LEASE//NEWSTAND ON FILLMORE & BROADWAY
(Item # 21 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.109
LEASE BROADWAY/FILLMORE NEWSSTAND (CC)
(Item # 45 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.110
INCREASE IN RENT FOR ANIMAL SHELTER(STS)
(Item # 56 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.111
INCREASE IN RENT - ANIMAL SHELTER
(Item No. 18, C.C.P., January 22, 1991)
That the Comptroller be, and he hereby is, authorized to continue
to pay rent for the City Animal Shelter at 1250 Niagara Street at the current
rate of $3,000 per month; and
That the Comptroller be, and he hereby is, directed to enter negotiations
with the owner of 1250 Niagara Street, for a new lease which protects the
City's interests until such time as the replacement animal shelter is ready.
ADOPTED
No.112
RENT INCREASE//DOG POUND (CC)
(Item # 44 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.113
RESULT PRIVATE SALE/28 HERTEL (COMPT)
(Item # 17 CCP JUL 17, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.114
RESULT OF NEGOTIATIONS 38 MULBERRY STREET
VACANT LOT 25' X 100'
ASSESSED VALUATION $400
(ITEM NO. 15, C.C.P., January 22, 1991)
That the offer of Janice Arthur of 61 Maple Street, Buffalo, New
York 14204, in the sum of Six Hundred Dollars ($600.00) to purchase the
property commonly described as 38 Mulberry Street, Vacant Lot - 25' x 100', be,
and hereby is accepted; and
That the appraisal report requested by the City will be paid by the
purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES-12 NOES-0
** MR. ARTHUR ABSTAINED FROM VOTING
No.115
RESULTS OF NEGOTIATIONS 843 SENECA STREET
142' EAST OF GRIFFIN VACANT LOT 30' x 90'
VALUATION $3,000
RESULTS OF NEGOTIATIONS 847 SENECA STREET
171' EAST OF GRIFFIN VACANT LOT 30' x 87
VALUATION $800
(ITEM NO. 13, C.C.P. JANUARY 22, 1991)
That the Comptroller be, and he hereby is, authorized to purchase
the property located at 843 and 847 Seneca Street for a sum of $3,600.00, and
that the Corporation Counsel be authorized to proceed with the closing of this
purchase. The Comptroller has certified that funds for this acquisition are
available in Account #400-410-021-00-583 Parking Enterprise Fund.
PASSED
AYES-13 NOES-0
No.116
RESULT OF NEGOTIATIONS 849 SENECA STREET 201' EAST OF GRIFFIN VACANT LOT 20' x
86'
VALUATION $3400
(ITEM NO. 14, C.C.P., JANUARY 22, 1991)
That the Comptroller be, and he hereby is, authorized to purchase the
property located at 849 Seneca Street from Gertrude Sapst of 853 Seneca Street,
for the sum of $3,400, the Comptroller having certified that said funds are
available in Account #400-410-021-00-583, and that the Corporation Counsel be,
and he hereby is, authorized to proceed with the closing of this purchase.
PASSED
AYES-13 NOES-0
No.117
STATUS OF NEGOTIATIONS AT 28 HERTEL/N.SULLIVAN
(Item # 78 CCP OCT 2, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.118
STATUS NEGOTIATIONS/28 HERTEL (COMPT)
(Item # 9 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.119
INFORMATION/28 HERTEL AVE. (COMPT)
(Item # 29 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.120
COLLECTION AGENCY APPLICATION/TRW SFS.(#34 12/26)
(Item # 116 CCP JAN 22. 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.121
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 moved:
That the Commissioner of Streets be, and he hereby is, authorized to
compromise the above claim by accepting 60 percent of the $237.64 Excess Trash
Fee, or $160.40.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI-11
NOES- COPPOLA, FRANCZYK-2
No.122
MONTHLY LOCAL ASSESSMENT
(ITEM NO. 28, C.C.P., JANUARY 8, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COLLINS moved:
That the communication from the Commissioner of Public Works dated
December 28, 1990, relating to the repairing of sidewalks, as contained in Item
No. 28, C.C.P., January 8, 1991, be approved.
PASSED
AYES-13 NOES-0
No.123
PERMISSION TO APPLY FOR NATIONAL PARK
SERVICE GRANT (UPARR) DELAWARE PARK
(Item No. 51, C.C.P., January 22, 1991)
That the Commissioner of Community Development be, and he hereby
is, authorized to apply for a $250,000 grant from the National Parks Service
under the Urban Park and Recreation Recovery Program (UPARR), to be matched by
$200,000 in a City Bond Account, for the purpose of renovating various Delaware
Park facilities.
PASSED
AYES-13 NOES-0.
No.124
NFTA- NEGATIVE DECLARATION/SMALL BOAT HARBOR PARKING/LANDSCAPE
(Item # 93 CCP MAY 8, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.125
CONSTRUCTION INFORMATION/SMALL BOAT HARBOR (PW)(#5l 10/16)
(Item # 175 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.126
NFTA PARKING LOT/SMALL BOAT HARBOR (CC) (#71 10/16)
(Item # 176 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.127
REQUEST SURFACE PARKING/AREA/FERNBACH RAMP (BD. PKG.)
(Item # 16 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.128
P.V.S. CHEMICALS INC., OWNER, PETITION
TO USE 55 LEE STREET TO ERECT A MASONRY
BUILDING FOR TEE MANUFACTURE OF AMONIUM THIOSULFATE
(Item No. 95, C.C.P., 1/22/91)
That after a public hearing held before the Committee on Legislation
on January 29, 1991 the petition of P.V.S. Chemicals, Inc. to use 55 Lee Street
for a masonry building for the manufacture of ammonium thiosulfate be and the
same hereby is approved.
PASSED
AYES-13 NOES-0.
No.129
ALLAN RYBAK, AGENT, PETITION TO USE
CARVEL PROP. AT 150 BAILEY AVENUE FOR USED CAR SALES
Item No. 96, C.C.P. Jan. 22, 1991
That after a public hearing held before the Committee on Legislation
on January 29, 1991 the petition of Allan Rybak to use 150 Bailey Avenue for
used car sales be and the same hereby is approved upon the following
conditions:
1. That the owner install a low vegetative screen along Bailey Avenue.
2. That the owner maintain a 25 ft. setback along Cazenovia Creek.
PASSED
AYES-13 NOES-0.
No.130
ACCEPTANCE OF EASEMENT AGREEMENT
(Item No. 47, C.C.P., 1/22/91)
That the Mayor be and he hereby is authorized to execute the proposed
Easement Agreement with Laurence and Arlene Poitras, for purposes of fire
hydrant service, on lands known as 140 Thompson Street (formerly 25 Hoffman
Street), and more particularly described as follows:
Commencing at a point in the westerly line of Thompson Street; distant 384 feet
southerly from the intersection with the southerly line of Austin Street,
running thence westerly at right angles to Thompson Street four feet; thence
running southerly with Thompson Street 33 feet, running thence easterly at
right angles, four feet to the westerly line of Thompson Street and running
thence northerly along the westerly line of Thompson Street 33 feet to the
point or place of beginning.
That the Corporation Counsel be and hereby is authorized to prepare, and
the Mayor be and hereby is authorized to execute an Easement Agreement granting
right of ingress to the City of an appropriate easement across lands owned by
Lawrence and Arlene Poitras located at 140 Thompson Street (formerly known as
25 Hoffman Street) for the purpose of construction, repair and renewal of City
fire hydrant service.
PASSED
AYES-13 NOES-0.
No.131
ORDINANCE AMENDMENT -
NEW SECTION 16 OF CHAPTER 307 -
PERSISTENT PARKING VIOLATORS AND SCOFFLAWS
(Item No. 199, C.C.P., 1/22/91)
That the above Ordinance Amendment as contained in Item No. 199,
C.C.P., 1/22/91 be and the same hereby is approved.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES-FAHEY-1.
No.132
INFORMATION/NOTIFICATION SERIAL 8132 (PW)
(Item # 24 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.133
VARIOUS COMMUNICATION/SERIAL 8172 (PW)
(Item # 25 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.134
DEBBIE JAMES & O. - PETITION TO CLOSE
THE CRASH CLUB, 26 VIRGINIA STREET
(Item No. 78, 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 now moved to receive and file the above item.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1.
No.135
HAZARDOUS MATERIAL CLEAN UP (FIRE)
(Item # 60 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.136
ANNUAL REPORT//I 990 (EMC) (Item # 8 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.137
RESTORATION OF TEE DARWIN MARTIN HOUSE
FOR USE AS A MUSEUM
(Item No. 223, C.C.P., 1/22/91)
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 contribution to architecture; and
That 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
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.
ADOPTED
No.138
REAPPOINTMENT OF MEMBER OF
BUFFALO PRESERVATION BOARD
(Item No. 5, C.C.P., 1/22/91)
That the reappointment of Austin M. Fox of 118 Lexington Avenue,
Buffalo, New York 14222 as a member of the Buffalo Preservation Board for a
term expiring August 31, 1993 be and hereby is confirmed.
ADOPTED
ECONOMIC DEVELOPMENT
H0N. CLIFFORD BELL
CHAIRMAN
No.139
HEARING - LID DISPOSITION AGREEMENT
MASTEN NEW HOUSING - BLUE PRINT BUILDERS
(ITEM NO. 64, C.C.P. JANUARY 22, 1991)
THAT THE ABOVE ITEM BE ID HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION.
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE COMMON COUNCIL AT
ITS REGULARLY SCHEDULED MEETING ON FEBRUARY 5, 1991, AT 2:00 P.M., ID THAT
NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEWS, AND A COPY OF
SAME IS ATTACHED HERETO.
ON MOTION BY MR. FAHEY, SECONDED BY MR. COLLINS THE ITEM IS PROPERLY BEFORE THE
COMMON COUNCIL AND THE HEARING BE OPENED.
CARRIED.
APPEARANCES -LEWIS MALUCCI- COMMUNITY DEVELOPMENT
CARMEN JACOBI- PRESIDENT, BLUE PRINT BLDGS.
MR. FAHEY MOVED THAT THE HEARING BE CLOSED.
CARRIED.
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
Agency has duly designated Blueprint Builders, Inc. and/or other legal entity
to be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Lawn; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Blueprint Builders, Inc. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the Masten New
Housing Project Phase IIC in the Community Wide Urban Renewal Homestead Program
Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-12 NOES-0
** THIS ITEM WAS CONSIDERED PRIOR TO THE FIRST LISTED AGENDA ITEM. AT THAT TIME
MR. RUTECKI HAD NOT TAKEN HIS SEAT IN THE CHAMBERS.
No.140
HEARING - LAND DISPOSITION AGREEMENT
VIRGINIA STREET NEW HOUSING - A. CORTO
(ITEM NO. 65, C.C.P. JANUARY 22, 1991)
THAT THE ABOVE ITEM BE ID HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION.
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE COMMON COUNCIL AT
ITS REGULARLY SCHEDULED MEETING ON FEBRUARY 5, 1991, AT 2:00 P.M., AND THAT
NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEWS, AND A COPY OF
SAME IS ATTACHED HERETO.
ON MOTION BY MR. FAHEY, SECONDED BY MR. PERLA THE ITEM IS PROPERLY BEFORE THE
COMMON COUNCIL AND THE HEARING BE OPENED.
CARRIED.
APPEARANCES -LEWIS MALUCCI- COMMUNITY DEVELOPMENT
ANTHONY CORTO- DEVELOPER
MR. FAHEY MOVED THAT THE HEARING BE CLOSED.
CARRIED.
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Anthony Corto and/or other legal entity to be
formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Anthony Corto and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for Virginia Street New Housing
Project
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-12 NOES-0
THIS ITEM WAS CONSIDERED PRIOR TO THE FIRST LISTED AGENDA ITEM. AT THAT TIME
MR. RUTECKI HAD NOT TAKEN HIS SEAT IN THEE CHAMBERS.
No.141
HEARING - LAND DISPOSITION AGREEMENT
PRATT WILLERT REVITALIZATION - 400 PRATT AND 243-289 & 357-433 WILLIAM
(ITEM NO. 66, C.C.P. JANUARY 22, 1991)
THAT THE ABOVE ITEM BE ID HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION.
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE COMMON COUNCIL AT
ITS REGULARLY SCHEDULED MEETING ON FEBRUARY 5, 1991, AT 2:00 P.M., AND THAT
NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEWS, AND A COPY OF
SAME IS ATTACHED HERETO.
ON MOTION BY FAHEY, SECONDED BY MR. PITTS THE ITEM IS PROPERLY BEFORE THE
COMMON COUNCIL ID THE HEARING BE OPENED.
CARRIED.
APPEARANCES -LEWIS MALUCCI- COMMUNITY DEVELOPMENT
DENNIS PENMAN- M.J. PETERSON CO.
MR. FAHEY MOVED THAT THE HEARING BE CLOSED.
CARRIED.
MR. PITTS moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated M. J. Peterson Development Corp. and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That M.J. Peterson Development Corp. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for part of the
property in the Ellicott Redevelopment Project NYR 1-1 and the Pratt-Willert
Revitalization Urban Renewal Plan Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES-FAHEY-1
No.142
INFORMATION/BONDS/AUGSBURGER RAMP/FOUNTAIN PLAZA RINK (BURA)
(Item # 49 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.143
NYSUDC/AMEND TECHNICAL AGREEMENT/AUGSBURGER RAMP
(Item # 89 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.144
FLOAT LOAN COMPLIANCE REPORT/VARIOUS PROJECTS
(Item # 199 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.145
REPORT ON SHOOTERS
(Item # 220 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.146
NFTA/REPLY TO REQUEST FOR REPORT ON SHOOTERS
(Item # 110 CCP DEC 11, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
CATV
HON DAVID P. RUTECKI
CHAIRMAN
No.147
SUNSHIP/FINALIZE PUBLIC ACCESS CONTRACT
(Item # 106 CCP APR 24, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI- 12
NOES- PITTS-1
No.148
BARBIZON CLAIM FOR MATERIALS DELIVERED TO SUNSHIP
(Item # 83 CCP JUN 5, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.149
SUNSHIP/PAY BARBIZON FROM MONIES DUE SUNSHIP
(Item # 94 CCP JUN 5, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.150
J. BURNEY/PUBLIC ACCESS DEVELOPMENT COMMITTEE REPORT
(Item # 103 CCP JUN 19, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.151
PAPB/REQUEST REVIEW OF PUBLIC ACCESS PROPOSALS
(Item # 140 CCP SEP 4, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.152
PAPB/CHAIR REPORT ON RFP PROCESS
(Item # 118 CCP OCT 16, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI- 12
NOES-PITTS-1
No.153
PAPB/REVIEW OF CHANGES IN RFP BY POLICE BOARD
(Item # 119 CCP OCT 16, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.154
PAPB/QUESTIONS FOR INTERIM OPERATOR
(Item # 81 CCP JUL 17, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.155
CHANNEL 58/PROPOSAL/TEMPORARY OPERATOR OF PUBLIC ACCESS
(Item # 116 CCP JUL 31, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI- 12
NOES-PITTS-1
No.156
T. FISHER/PROPOSED PUBLIC ACCESS PROGRAM
(Item # 86 CCP JUL 3, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.157
A. COSTELLO/COMMENTS ON T. FISHER PROPOSAL
(Item # 133 CCP SEP 4, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.158
L. HIDALGO/INTEREST IN BECOMING PUBLIC ACCESS OPERATOR
(Item # 72 CCP OCT 2, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.159
SACRED SITES RESTORATION-CABLE ACCESS TV CENTER
(Item # 112 CCP APR 10, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.160
PUBLIC ACCESS POLICY BOARD//PROPOSED GUIDELINES
(Item # 96 CCP MAY 8, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.161
CITIZEN ALLIANCE/CREATE COMMITTEE TO OPERATE PUBLIC ACCESS
(Item # 81 CCP MAY 8, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.162
CITIZEN ALLIANCE/CREATE 501 ENTITY-OPERATE PUBLIC ACCESS
(Item # 85 CCP JUN 5, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.163
CITIZEN ALLIANCE//PROPOSED BY LAWS - PUBLIC ACCESS TV
(Item # 104 CCP JUN 19, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.164
B SOFFER//FAVORS 1ST AMENDMENT NETWORK GUIDELINES
(Item # 117 CCP MAY 22, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.165
1 ST AMENDMENT NETWORK//FAVOR GUIDELINES/PUBLIC ACCESS
(Item # 86 CCP MAY 8, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-1
NOES- PITTS-1
No.166
SUPPORT ADDITIONAL/EWTN TO TCI PROGRAMMING (MAYOR)
(Item # 11 CCP SEP 4, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.167
OPPOSE TCI RATE INCREASE
(Item # 151 CCP NOV 13, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.168
TCI//NOTIFICATION OF CHANNEL CHANGES
(Item # 96 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, RUTECKI-12
NOES- PITTS-1
No.169
RFP'S//OPERATION OF PUBLIC ACCESS CENTER (C.CLERK)
(Item # 71 DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No.170
BCT//CORRECT BUDGET ERRORS IN RFP
(Item # 78 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.171
BCT//ADDENDUM TO PUBLIC ACCESS PROPOSAL
(Item # 79 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.172
BCT//MEMBERSHIP QUALIFICATIONS
(Item # 80 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.173
BCTV//AMENDMENT TO PUBLIC ACCESS PROPOSAL
(Item # 81 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.174
AUTHORIZATION TO NEGOTIATE A CONTRACT FOR
A PUBLIC ACCESS TELEVISION OPERATOR
(Item No. 94, C.C.P., 1/22/91)
That, pursuant to the recommendation of the Public Access Policy
Board, as well as this Council's own review 01 proposals submitted by potential
Public Access operators in response to the R.F.P. published by the Common
Council, Buff Community Television be and it hereby is designated as the ( of
Buffalo's Public Access operator; and
That the Corporation Counsel be and he hereby is authorized and directed
to negotiate a contract with Buffalo Community Television spelling out the
terms and conditions BCT's operation of the City's Public Access Channel, and
to submit said contract to this Council for approval.
MR. ARTHUR moved:
That the report of the Committee on CATV be amended as follows:
That the City of Buffalo Code of Ethics be and it hereby is made
applicable to the members of the Public Access Policy Board and to all
officers, directors and employees of Public Access Operator; and
That the Corporation Counsel be and he hereby is directed to include in
the contract to be drafted between to City of Buffalo and Buffalo Community
Television, a provision reciting that the parties to the contract mutually
agree that the City of Buffalo Code of Ethics is applicable to all officer
directors and employees of Buffalo Community Television so as the contract is
in effect; and
That the Corporation Counsel be and he hereby is further directed to
include in the aforesaid contract a pro reciting that the parties mutually
agree that no member of Public Access Policy Board may accept employment by
Buffalo Community Television for two years from the time when he or shall cease
to have been a member of the Public Access Policy Board.
Seconded by Mr. Pitts.
Mr. Arthur now moved that a vote be taken on the amendment; seconded by Mr.
Pitts.
Carried
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, LOTEMPIO, PERLA,
PITTS, RUTECKI-11
NOES- FRANCZYK, HIGGINS-2
Mr. Rutecki now moved to approve the above item as amended; seconded by Mr.
Fahey
PASSED
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- ARTHUR, COLLINS, PITTS-3
No.175
PAPB//OPPOSE EXTENSION OF RFP DEADLINE
(Item # 93 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.176
BCT//OPPOSE ACCEPTING BOARD OF EDUCATION RFP
(Item # 100 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
RESOLUTIONS
No.177
BY: MR. AMOS
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
40 -2 DIVISION OF BUILDINGS
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter I of the Ordinances of the City of
Buffalo, relating to 40-2 Division of Buildings, under the subheading
"Temporary Services as Required" is hereby amended by adding thereto:
2 License Inspector Hourly$11.26
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the addition of two (2)
License Inspector (Hourly) positions is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, 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 position.
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.178
BY: MESSRS. ARTHUR. AND BELL
REQUEST INFO ON SCORE AND SBA MICRO-LOAN PROGRAM
WHEREAS: SCORE (Service Corps of Retired Executives) is sponsored
by the U. S. Small Business Administration and is a non-profit association of
13,000 retired and active volunteer executives in 400 chapters around the
country; and
WHEREAS: SCORE offers free business counseling by men and women who have had
successful careers as company executives or owners of their own business.
Nationally SCORE has helped thousands of small businesses iron out their
problems and many of those businesses owe their success to the assistance
received from SCORE; and
WHEREAS: SCORE is seeking to expand its' services into the minority
community of Buffalo by attracting some volunteers from that community and also
by explaining the scope of services that it offers to businesses to persons
like the members of the Common Council in hopes that this will enable their
message to get out; and
WHEREAS: The Bush Administration has announced plans to start a pilot
program to give poor people an entrepreneurial boost. It would be the first
SBA Program specifically designed to help the poor become business owners.
Under the plan, low-income people could receive -SBA "micro-loans ranging from
$50 to $15,000. The plan is designed to help people such as single mothers and
public housing tenants toward self-employment. This will be a pilot program
under SBA's direct-loan program and operate in five to six cities; and
NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council in its quest for information, formally invites Mr. Robert
Tevens and other representatives of SCORE to do a brief presentation on their
organization's services, their plans and expectations and how we can best
assist them in their work; and
BE IT FURTHER RESOLVED THAT:
We would also like information as to how our city could qualify for the SBA
micro-loan program.
ADOPTED
No.179
BY: MESSRS ARTHUR AND COLLINS
MEMORIALIZE CONGRESS SUPPORT PROTECTION OF WORKERS RIGHTS
WHEREAS: One of the more despicable practices that an employer
has at his disposal used to break the backs of unions, is the practice of
hiring replacement workers (scabs) during strikes and making those workers
permanent. Not only does this negatively affect the lives of those persons are
who are replaced, but it flies in the face of what collective bargaining should
be used for; and
WHEREAS: Senator Howard Metzenbaum and Representative William Clay have
introduced Legislation 5-55 and HR-5 in their respective houses that would
prohibit employers from hiring scabs and would also prevent employers from
discriminating against workers based upon their participation in a strike; and
WHEREAS: This Honorable Body understanding the plight of workers who find
themselves caught in the plight of striking to improve overall benefits and
conditions at their workplace, only to find themselves either locked out or
discriminated against by their employers, wholeheartedly support the passage of
this important legislation by both houses of Congress.
NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council memorializes both United States Senate and United States
House of Representatives to pass this legislation and thus offer protection for
the rights of workers.
BE IT FINALLY RESOLVED THAT:
A certified copy of this resolution be presented to the Western New York
Congressional Delegation, Senators Moynihan and D'amato, and to the Clerk of
the Senate and the Clerk of the House.
ADOPTED
No.180
BY: MR. COLLINS
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF
$235,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE PROVISION OF
$15,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF THE
RECONSTRUCTION OF THE CITY HALL PLUMBING SYSTEM, AT THE ESTIMATED MAXIMUM COST
OF $250,000. (Account 200-402-054)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City" ), is hereby authorized and directed to
issue General lmprovement Serial Bonds of said City in the principal amount of
Two Hundred Thirty-Five Thousand Dollars ($235,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); and to
provide the sum of Fifteen Thousand Dollars ($15,000) from current funds as a
down payment to finance the cost of reconstruction of the City Hall plumbing
system. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$250,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1990-91.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Reconstruction of City Hall Plumbing 1990-91," Bond
Authorization Account No. 200-402-054, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 13. of the Local Finance Law, is
ten (10) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $15,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and -'or the amounts
,required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
FEB./5/1991
LAID ON THE TABLE.
No.181
By Mr. Collins:
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $330,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE
PROVISION OF $20,000 CURRENT FUNDS AS A DOWN PAYMENT TO FINANCE THE COST OF THE
PARTIAL RECONSTRUCTION OF THE FIRE HEADQUARTERS BUILDING, AT THE ESTIMATED
MAXIMUM COST OF $350,000. (Account 200-402-065)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section l. The Comptroller of the City of Buffalo, In the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Thirty Thousand Dollars ($330,000) pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); and to provide
the sum of Twenty Thousand Dollars ($20,000), from current funds as a down
payment to finance the cost of the partial reconstruction of the Fire
Headquarters Building, including exterior repairs and replacement of the
electrical system and to purchase the original furnishings, equipment,
machinery and apparatus required In connection with the purpose for which said
building, as reconstructed, is to be used. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $350,000 asset forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1990-91.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Reconstruction of Fire Headquarters 1990-1991," Bond
Authorization Account No. 200-402-065, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $20,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
FEB/5/1991
LAID ON THE TABLE.
No.182
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
COMMON COUNCIL
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
$3,000 be and the same is herby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum is hereby
reappropriated as set forth below:
FROM
100 General Fund
01-0 Common Council
002 - Majority Leader
Travel & Transportation
301-Automobile Allowance $ 1,825
304- Out-of Town Transportation 675
305- Meals & Lodging 300
306-Registration Fees & Dues 200
Total $ 3,000
TO
100 General Fund
01-0 Common Council
001 -Legislative
Personal Services
112 -Temporary Services $ 3.000
PASSED
AYES-13 NOES-0.
No.183
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- EXEMPT FUNDS
DIVISION OF HOUSING & PROPERTY INSPECTIONS
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
$42,200 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM
100 General Fund
81-9- Exempt Items
842- Reserve for Capital Improvements $42,200
TO
100 General Fund
24-1- Division of Housing & Property Inspections
085 - Capital Outlay
900 - Land & Betterments
Demolition of City-owned Buildings $42,200
REFERRED TO THE COMMITTEE ON FINANCE.
No.184
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
FRINGE BENEFITS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$41,545 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum- is hereby
reappropriated as set forth below:
FROM
100 General Fund
05-0- Civil Dice Commission
001 -Administrative & Advisory
Personal Services
114 - Overtime Pay $ 1,500
Materials & Supplies
402- Data Processing Supplies 2,000
404- Office Supplies 200
405- Office Supplies/Interdepartmental 200
Purchase of Services
535- Membership Dues & Periodicals 125
536- Advertising 4,350
540- Printing & Binding 8,800
551- Rental of Land & Buildings 7,620
552- Short-Term Rental 6,600
583- Unclassified 10,000
590- Printing & Duplicating
Interdepartmental
150
Total $ 41.545
TO
100 General Fund
81-3- Fringe Benefits
151- NYS Police & Fire Retirement System$ 41.545
REFERRED TO THE COMMITTEE OF THE WHOLE
No.185
By Mr. Collins
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
FRINGE BENEFITS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$87,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum is hereby
reappropriated as set forth below:
FROM
100 General Fund
40-1- Division of Engineering
015 - Repair & Construction of Other Public Improvements
Materials & Supplies
421- Agricultural & Botanical Supplies $7,000
461- Road & Highway Materials 40,000
Purchase of Services
561- Road & Highway Repairs 40,000
TOTAL
87,000
TO
100 -General Fund
81-3 Fringe Benefits
151 - NYS Police & Fire Retirement system $87.000
REFERRED TO THE COMMITTEE OF THE WHOLE
No.186
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
FRINGE BENEFITS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$238,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Regular Departments and said sum is hereby
reappropriated as set forth below:
FROM
100 General Fund
40-2 - Division of Buildings
011 -Inspection of Non-Public Plans &Structures
Travel &Transportation
301 -Automobile Allowance $ 3,600
021 - Administrative Services
Travel & Transportation
304- Out-of -Town Transportation 500
305- Meals & Lodging 500
306- Registration Fees & Dues 200
Materials & Supplies
449- Miscellaneous 8,200
031 - Operation & Maintenance of Public Buildings
Materials & Supplies
432- Janitorial 5,000
449- Miscellaneous 5,000
460- Building Materials 5,000
Purchase of Services
560- Building Repairs & Alterations 200,000
583- Unclassified 10.000
Total
$238,000
TO
100 General Fund
81-3- Fringe Benefits
151- NYS Police & Fire Retirement System$238.000
REFERRED TO THE COMMITTEE OF THE WHOLE
No.187
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 96, SECTION 13 -
ADVERTISEMENT FOR BIDS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 96, Section 13 of the Code of the City of Buffalo be amended
by adding a new subsection (C) to read as follows:
C. Contractors responding to the advertisement for bids and wishing to
obtain a set of Plans and specifications shall submit the fees as outlined in
Chapter 175, Fees. A set of plans and specifications shall be available for
inspection free of charge in the office of the Commissioner letting the bids.
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE
No.188
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees, of the Code of the City of Buffalo, be amended
to read as follows:
Chapter 96, Bonds and Contracts
96-13, Advertisement for Bids
Use of City Plans and Specifications Non-Refundable Fee:
For project cost less than $50,000 $ 25.00
For project cost greater than $50,000 $ 50.00
Chapter 189, Flood Damage Prevention
189-24, flood plan review application $10.00
Chapter 309, Parks and Other Open Space
309-28, use of facilities
BAND SHELL RENTAL
Mobil Bandshell rental, per day $250.00
Chapter 337, Preservation Standards
337-31, Preservation Board Review
application for landmark designation
(non-owner occupied) $500.00
Certificate of Compliance (for non-owner occupants)
Less than $10,000
$ 25.00
More than $10,000
$ 50.00
Chapter 421, Subdivision of Land
421-9, application for approval of preliminary layout
For each application [$25.00] $50.00
plus
For each 2,000 square feet of area or fraction thereof, for the first
100,000 square feet [$ 1.00] $ 2.00
For each 2,000 square feet of area or fraction thereof, for the next
100,000 square feet [$ 0.50) $ 1.00
Thereafter, for each additional 2,000 square feet of area or fraction
thereof [$ 0.25) $ 0.50
Chapter 511, Zoning
511-55, filing of restricted use
permit [$100.00) $200.00
Plus 10% surcharge for State Environmental Quality Review Act
511-126, petition to amend, change or supplement Chapter 511, Zoning [$150.00)
$300.00 Plus 10% surcharge for State Environmental Quality Review Act
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE
No.189
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 189 SECTION 24 - FLOOD DAMAGE PREVENTION
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 24 of Chapter 189 be added to the Code of the City of
Buffalo, to read as follows:
5189-24. Fees.
Any said application, except by a governmental agency, shall be
accompanied by a filing fee as provided in Chapter 175, Fees.
APPROVED AS TO FORM
Samuel f. Houston
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE
No.190
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 337, SECTION 31 FEES PRESERVATION STANDARDS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a second unnumbered paragraph be added to Section 31 of Chapter 337
of the Code of the City of Buffalo, to read as follows:
337-31. Fees.
Any such application, except by a governmental agency, shall be
accompanied by a filing fee as provided in Chapter 175, Fees.
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE
No.191
BY: MR. COPPOLA
PILOT FIELD NAMING RIGHTS AGREEMENT DEFAULTED
WHEREAS: On June 29, 1986, the City of Buffalo and Pilot Air Freight
Corporation signed an agreement allowing the new baseball stadium under
construction to be named Pilot Field; and
WHEREAS: Under the Pilot Field Naming Rights Agreement, Pilot Air Freight
Corporation must pay an annual contribution of $52,000; and
WHEREAS: Pilot Air Freight Corporation also failed to provide the City an
appropriate Letter of Credit, which guarantees the City all payments due under
the said agreement: and
WHEREAS: Pilot Air Freight Corporation failed to discharge the above
contractual obligations and has been notified of the default by Corporation
Counsel in a letter dated January 23, 1991.
NOW THEREFORE BE IT RESOLVED THAT
Since Pilot Air Freight Corporation has defaulted in its contractual
obligations to the City of Buffalo and has been served a Notice of Default by
Corporation Counsel, the City should exercise its right to terminate the Pilot
Field Naming Rights Agreement if Pilot Air Freight Corporation fails to rectify
the default within the thirty-day period stipulated in the Notice of Default.
BE IT FURTHER RESOLVED THAT
If the City does exercise its right to terminate the Pilot Field Naming Rights
Agreement, the Commissioner of the Department of Public Works be directed to
immediately remove all Pilot Field signage and prepare a bid package seeking a
new corporate sponsor for the naming rights to Buffalo's baseball stadium.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE BUFFALO
ENTERPRISE DEVELOPMENT CORPORATION
No.192
BY: MR. FAHEY
APPOINT MEMBERS CITIZEN'S COMMISSION ON REAPPORTIONMENT
WHEREAS: Preliminary, uncertified figures from the 1990 U.S. census
are available and show that the City of Buffalo has lost approximately 30,000
in population during the 1980-90 decade; and
WHEREAS: A population change of this magnitude would be sufficient enough to
require a reapportionment in order to comply with the "one person, one vote"
rule laid down by the United States Supreme Court; and
WHEREAS: Section 10 of the Municipal Home Rule Law requires that a
reapportionment may only be done once in every ten year period, and that it
must utilize the latest United States Decennial Census figures available; and
WHEREAS: Section 7 of the Buffalo City Charter requires that whenever a
reapportionment or redistricting is to be made, a Citizen's Advisory Committee
on Reapportionment must be appointed to render advice and make recommendations
on such redistricting to the Common Council; and
WHEREAS: Section 7 of the City Charter further provides that such Citizens
Advisory Committee on Reapportionment shall consist of eleven members: one
appointed by each of the nine district Councilmembers, and two appointed by the
Mayor;
WHEREAS: The Mayor has submitted his appointees to the Commission to this
Honorable Body;
NOW, THEREFORE BE IT RESOLVED:
That pursuant to Article I, 7, the Common Council determines that a
reapportionment of the election districts of the City of Buffalo is necessary;
and
BE IT FURTHER RESOLVED:
That a Citizens Advisory Committee on Reapportionment be, and hereby is
appointed, consisting of the following individuals appointed by each District
Councilmember:
1. Mary E. Fix 174 Zelmer St.14211
2. Sherree Meadows 3234 Main St.14214
3. Stan Franczyk 119 College St.14222
4. William Gaiter 1687 Main St.14208
5. Kathleen Higgins 150 Kimberly Ave.14220
6. Thomas Williams 237 Lafayette Ave.14213
7. Peter M. Kooshoian 404 Woodbridge Ave.14214
8.
9.
BE IT FURTHER RESOLVED:
That these appointments shall take effect 30 days after passage of this
resolution; and
BE IT FINALLY RESOLVED:
That said Citizens Committee on Reapportionment is hereby directed to file its
report containing its recommendations with the City Clerk no later than April
15, 1991.
ADOPTED
No.193
BY: MR. FAHEY
CITY OF BUFFALO
LOCAL LAW NO. _________ (1991)
INTRODUCTORY NO.3 (1991)
A LOCAL LAW amending section two hundred sixty-three of article
thirteen of the charter of the city of Buffalo, in relation to fire companies.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section l. That section two hundred sixty-three of article thirteen of the
charter of the city of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 263. Fire Companies.
The number of fire companies and the location thereof as of [December
first, nineteen hundred eighty-one,] March first, nineteen hundred ninety-one,
consisting of [twenty-five] twenty-four engine companies and thirteen hook and
ladder companies [not including the fire boat], shall be [re]established, with
power in the commissioner of fire, with the approval of the common council, to
add to or diminish the number thereof or relocate said companies by order, rule
or regulation.
Section 2. That this local law shall take effect immediately.
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
NOTE: Matter underlined is new; matter in brackets [] to be omitted.
RECEIVED AND FILED.
No.194
BY: MESSRS. FAHEY AND COPPOLA
HURD REPAYMENT PLAN
WHEREAS: The New York courts have determined that during fiscal
years 1974-75 through 1977-78, certain municipalities, including the City of
Buffalo, levied real property taxes in excess of the constitutional limits; and
WHEREAS: The City of Buffalo has been involved in litigation since 1980
concerning claims for taxes paid in excess of the constitutional limit; and
WHEREAS: The City of Buffalo has been told by the courts that it must repay
the taxpayers of Buffalo a total of approximately 23 million dollars in
refunds; and
WHEREAS: A Budget Bill submitted by the Governor to the New York State
Senate and Assembly will amend the public authorities law in relation to
authorizing the State of New York municipal bond bank agency to make available
the proceeds of the sale of bonds to Buffalo to reimburse its taxpayers in
regard to the Hurd overpayment; and
WHEREAS: The State intends to appropriate approximately 1 million in aid
specifically for the City of Buffalo's tax liability to its taxpayers; and
WHEREAS: The repayment by Buffalo to the State of New York will be over a 25
year period at a cost of approximately 1.1 million per year;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council goes on record in favor of the Governor's Bill that
will be submitted to the State Senate and Assembly in regard to the Hurd issue,
and reaffirm its position that an April 1, 1991 repayment deadline be
continued; and
BE IT FURTHER RESOLVED:
That the City Clerk send a certified copy of this resolution to the New York
State Senate and Assembly and members of the Western New York delegation to the
State Legislature.
ADOPTED
No.195
BY: MRS. LOTEMPIO
DESIGNATE HANDICAPPED PARKING AT MEMORIAL AUDITORIUM
WHEREAS: Memorial Auditorium attracts over one million people
to events throughout the year; and
WHEREAS: Many of the people who attend these events have a handicap of one
variety or the other; and
WHEREAS: The City of Buffalo in the past year has expanded the handicapped
seating availability inside the Aud to allow a more comfortable environment for
the disabled; and
WHEREAS: While the Buffalo Police Traffic Division allows those with a
handicapping condition to park in a designated area around the Aud, this site
has not been officially designated or posted as such; and
WHEREAS: Expansion of handicapped parking lots should also be explored to
coincide with the expanded handicapped seating availability in the Aud;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council directs the Commissioner of Public Works to file with
this Council the necessary documents to designate the north side of Lower
Terrace as a handicapped parking area; and
BE IT FURTHER RESOLVED:
That the Commissioner of Public Works explore other sites around the Aud for
the expansion of parking for the handicapped.
ADOPTED
No.196
BY: MRS. LOTEMPIO
ENCOURAGE NIAGARA MOHAWK TO REMAIN LOCAL
WITH THEIR CENTRAL COLLECTIONS DEPARTMENT
WHEREAS: The City of Buffalo and its surrounding areas are one
of the highest revenue producers in the State for Niagara Mohawk; and
WHEREAS: Niagara Mohawk lately considered establishing a central collections
organization in Downtown Buffalo utilizing vacant floor space in the Electric
building located at 535 Washington Street; and
WHEREAS: Recently Niagara Mohawk has decided to establish this department in
Syracuse, New York, requiring the lease or purchase of a new building; and
WHEREAS: Niagara Mohawk's decision to locate this department
in Syracuse, New York, will cause 20 to 25 members of the International
Brotherhood of Electrical Workers Local 1352 to either be displaced or
unemployed; and
WHEREAS: If the central collections organization were to begin operations in
Buffalo, approximately 200 new jobs could be created for people in our
community; and
WHEREAS: Niagara Mohawk should allow this community to share in its
prosperity by reversing its decision to locate operations out of town and
remain local, thereby creating jobs at its Buffalo facility; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body, along with the International Brotherhood of Electrical
Workers Local Union 1352, encourages Niagara Mohawk to reconsider its decision
and create the central collections organization in Buffalo, New York; and
BE IT FINALLY RESOLVED:
That representatives from Niagara Mohawk, the International Brotherhood of
Electrical Workers Local Union 1352, City of Buffalo Department of Community
Development and this Common Council schedule a meeting to come up with a
workable solution.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NIAGARA MOHAWK POWER
CORPORATION.
No.197
BY: MRS. LOTEMPIO AND MESSRS. ARTHUR, FAHEY, BELL, COPPOLA, PITTS,
FRANCZYK BAKOS, COLLINS, PERLA, RUTECKI, HIGGINS, AMOS
REPORT - INTERNATIONAL CHIEFS OF POLICE
WHEREAS: The Department of Administration and Finance Division
of Labor Relations commissioned a study by the International Association of
Chiefs of Police to assess the operation of the Buffalo Police Department; and
WHEREAS: City funds were appropriated to conduct this study which was to be
completed by February of this year; and
WHEREAS: Representatives of the International Chiefs of Police made a
preliminary presentation of the report to the Division of Labor Relations and
other departments within the Administration; and
WHEREAS: Members of the Common Council were not invited to attend nor given
any advance knowledge of the presentation made by the International Association
of Chiefs of Police, and to date have not seen any information pertaining to
that report; and
WHEREAS: As elected representatives of the City of Buffalo, the members of
the Common Council have a right to see and/or hear, and the administration has
an obligation to present, the recommendations of the International Association
of Police Chiefs regardless of the stage of the report at this time;
NOW, THEREFORE, BE IT RESOLVED:
That the Department of Administration and Finance Division of Labor Relations
be directed to call a meeting of representatives of the International
Association of Chiefs of Police and members of this Common Council for a
briefing on the recommendations made from the study of the Buffalo Police
Department.
ADOPTED
No.198
BY: MESSRS. PERLA AND FAHEY
POLICE DEPARTMENT REORGANIZATION
WHEREAS: For several years, deployment of manpower within the Police
Department has been the subject of Intense debate; and
WHEREAS: In 1986, the Administration, in an effort to heighten the
efficiency of the Police Department, proposed a consolidation of the department
from 14 Precincts to 5 Districts to increase the number of Police Officers
available for patrol based on calls for service within the district; and
WHEREAS: In 1988, a Joint Commission On Police Department Reorganization
comprised of appointments from the Administration and the Common Council was
established to review the previous reorganization attempt, build on its
strengths, and rectify its purported weaknesses; and
WHEREAS: The Joint Commission Report, which was subsequently received and
filed by the Common Council, proposed a six district consolidation; addressed
and stipulated minimum manpower levels, including the delineation of ranks and
supervisory personnel; determined equipment levels both city wide and district
wide; and set a fixed time period for filling vacancies through a Charter
amendment resolution; and
WHEREAS: Both plans had elements that were acceptable to both levels of
government and the community, but public outcry on the placement and/or the
perceived loss of station houses, the perception that some areas of the city
would not benefit with an increase of personnel on the street, and most
damaging of all, political infighting ultimately doomed the proposals or any
further discussions on reorganization; and
WHEREAS: With the publication of recent crime statistics indicating
increases in violent crime throughout the city, the Police Department manpower
issue has sprung to the forefront once again; and
WHEREAS: In addition to the problem of increasing crime, the effect of
retirements on the Police Department, the fiscal crises of both the State and
the City, and the high rate of absenteeism within the department as well as
it's vacancy rate, have compounded the problems facing the Police Department;
and
WHEREAS: The time has come to put aside political and parochial differences
and resurrect a committee to draft a Police Department Consolidation Plan with
no more than six (6) districts, guaranteed city wide and district wide manpower
levels by rank and supervisory personnel, time limits for filling vacancies,
and guaranteed levels of manned patrol vehicles and equipment; and
WHEREAS: It is especially timely to begin discussion of Police
Reorganization since the results of a study commissioned by the city and
conducted by the International Association of Chiefs of Police should be made
public in February, and would be Invaluable to a Joint Commission considering
Police Consolidation.
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council, in a display of unity and a spirit of cooperation,
join together with the Mayor and endorse the creation of a Joint Commission to
re-examine Police Consolidation and to develop a plan to reorganize the Buffalo
Police Department for more efficient use of personnel and equipment; and
BE IT FURTHER RESOLVED:
That the membership of the Joint Commission be comprised in the following
manner:
five (5) members to be appointed by the Mayor
five (5) to be appointed by the Common Council
one (1) representative from the Police Benevolent Association
one (1) representative from the African American Police Association; and
BE IT FURTHER RESOLVED:
That the Joint Commission designate from its membership a Chairperson and Vice
Chairperson to ensure the orderly discharge of its responsibilities; and
BE IT FURTHER RESOLVED:
That the Joint Commission begin deliberations on or about March 1, 1991 and
submit its final report to the Common Council and Mayor sixty (60) days
therefrom; and
BE IT FURTHER RESOLVED:
That the Joint Commission develop a Police Department Consolidation Plan with
no more than six (6) districts, guaranteed city wide and district wide manpower
levels by rank and supervisory personnel, time limits for filling vacancies,
and guaranteed levels of manned patrol vehicles and equipment with
consideration given to the recommendations of the International Association of
Chiefs of Police report; and
BE IT FURTHER RESOLVED:
That a Public Hearing be conducted on the recommended plan of the Joint
Commission; and
BE IT FINALLY RESOLVED:
That the Common Council take action on the plan by its first meeting in July,
1991 to ensure placement of any Charter Amendments on the November Elections
ballot if so needed.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
POLICE BENEVOLENT ASSOCIATION AND THE CORPORATION COUNSEL.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, RUTECKI-12
NOES-AMOS-1
No.199
BY: MESSRS. PERLA AND BAKOS
CITY COMMUNITY CENTERS TO OFFER A GREATER NUMBER OF SERVICES TO THE YOUTH OF
BUFFALO
WHEREAS: The Division of Recreation in the City's Department of
Parks vas created to provide recreational services to the City of Buffalo and
in fact provides limited recreational opportunities for youth and;
WHEREAS: There is a need for a coordinated effort between the Division of
Recreation in the Department of Parks, the Division for Youth and the Police
Athletic League (PAL) in order to offer more sufficient recreational services
to the youth of Buffalo and;
WHEREAS: The level of communication and coordination between these divisions
must be increased and include community members, community leaders and area
schools in order to create a more serviceable system in the area of recreation
and;
WHEREAS: Extended hours of services from community based organizations and
an expansion of recreational activities may prove beneficial to the growth and
safety of our community as well as our youth;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council request the Director of the Division for Youth to
coordinate with the Department of Parks Recreational Division and the various
community based organizations to develop a comprehensive city-wide recreational
program, investigate extended hours of operation including weekends and warm
weather months and;
BE IT FURTHER RESOLVED:
That a report of their comprehensive program detailing the various sites,
activities and hours of operation be filed with the council before 2 pm. on
Thursday, February 14, 1991.
ADOPTED
No.200
BY: MR. PERLA
SUPPORT FOR AMERICAN TROOPS
WHEREAS: For many Americans, the war in the Persian Gulf is the
second, third, or possibly even fourth war of a lifetime; and
WHEREAS: Whether based on reasons that are deemed right or necessary, or
whether victorious or defeated, there is ultimately no good war, for we must
pay with blood, lost lives and lost peace; and
WHEREAS: Whether we agree or disagree with the appropriateness of the
Persian Gulf War, let us agree as Americans to never again confuse a war with
its warriors, for they fight out of duty, not love of war; and
WHEREAS: While we all hope for a speedy end to this conflict, let us also
affirm undebated support for those men and women who serve without debate, for
it is their mission to fulfill their commitment to our nation and to us as
Americans.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council expresses its unqualified support for all members of
the military serving in the Persian Gulf, especially those from Western New
York; and
BE IT FURTHER RESOLVED:
That this Honorable Body adjourns this day in hope of a rapid and peaceful
conclusion to the War in the Persian Gulf.
ADOPTED
No.201
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
24-1 DIVISION OF HOUSING & PROPERTY INSPECTION
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 24-1 - Division of Housing and Property Inspections under
the subheading "011 - Inspections & Enforcement" which reads:
31 Building Inspector $24,226 - 28,501
1 Building Inspector (Plastering) 24,226 - 28,501
is hereby amended to read:
32 Building Inspector 24,226 - 28,501
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JOSEPH in. SCHOLLARD, Commissioner of Inspections and Community
Revitalization and THOMAS F. KEENAN, Director of the Budget, hereby certify
that the deletion of one (l) Building Inspector (Plastering) position and the
creation of one (l) Building Inspector position is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, 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 position.
APPROVED AS TO FORM
Samuel F. Houston
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.202
BY: MESSRS. RUTECKI AND AMOS
REDEFINE CROSSROADS SITE
WHEREAS: Throughout the site selection process for a new arena,
the "Crossroads Site" has been defined as the area generally bounded by
Washington, South Park, Illinois and Perry; and
WHEREAS: During public debate on site selection, a number of suggestions to
alter the boundaries were presented; and
WHEREAS: One such suggestion proposed defining the site as the area
generally bounded by Main, South Park, Indiana, Perry and the Perry Extension;
and
WHEREAS: Some advantages of the use of a newly defined site include:
--relatively lower land acquisition, relocation and demolition costs;
--minimal impact on the architectural significance of surrounding structures;
--proximity to existing Aud;
--placement of arena directly on the transit line; --elimination of proposal to
construct parking ramp on Main Street;
--potential access to UMTA funds if arena is directly tied in to transit line;
--potential NFTA development in area; and
WHEREAS: Exploration of this newly proposed site is in the best interest of
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that D.D.I. and the Department of Community
Development redefine the "Crossroads Site" to describe the site generally
bounded by Main, South Park, Indiana, Perry and Perry Extension; and
BE IT FURTHER RESOLVED:
That the impact of this redefinition be detailed in a report to amend the Oct,
1990 site selection study; and
BE IT FINALLY RESOLVED:
That this Common Council request that D.D.I. and the Buffalo Sabres address the
new site definition in any feasibility studies being undertaken.
ADOPTED.
No.203
BY: MESSRS. RUTECKI, ARTHUR, FAHEY, PERLA, AND PITTS
REAFFIRM FUNDING COMMITMENT FOR KLEINHANS
WHEREAS: On April 10, 1990 this Common Council unanimously approved
Item No. 168, C.C.P. March 27, 1990 - Commitment of Funding to Kleinhans Music
Hall; and
WHEREAS: That amendment authorized the city and Kleinhans to amend the
Agreement and Lease for the period from July 1, 1990 to June 30,1995; and
WHEREAS: Under the terms of this amendment the city would pay Kleinhans, as
general support for maintenance and operations, $110,000 on or about July 1,
1990 plus an annual amount not to exceed $250,000 consistent with reasonable
requests based on revenues, usages, costs, etc.; and
WHEREAS: This amendment to the agreement has been executed; and
WHEREAS: Kleinhans officials have informed this Honorable Body that, absent
payment from the City from this amended agreement, Kleinhans may be forced to
shut its doors on or about February 15,1991; and
WHEREAS: Such an eventuality would not only deprive this community of a
tremendous resource and send a very negative, message to the nation, it could
also jeopardize the city s ownership interest in Kleinhans Music Hall as a
result of the terms of the will of the late Edward Kleinhans;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council reaffirm its support of an amendment to the Agreement
and Lease between the Kleinhans Music Hall Management Corporation ad the City
of Buffalo that would provide additional funds in order to ensure that
Kleinhans will continue to be a viable and vibrant part of Buffalo's cultural
life.
ADOPTED
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES- BAKOS-1
No.204
BY: MR. RUTECKI
FELICITATIONS AND/OR IN MEMORIAMS
ATTACHED HERETO ARE COPIES OF VARIOUS FELICITATIONS OR IN MEMORIAMS
SPONSORED BY MEMBERS OF THE COMMON COUNCIL:
FELICITATION FOR REV. JAMES E.F. LAWRENCE
BY COUNCILMEMBER FAHEY
AN
D THE CITY CLERK IS HEREBY DIRECTED TO HAVE EACH OF THE ABOVE
RES0LUTIONS FRAMED AT A COST NOT TO EXCEED SEVEN DOLLARS AND FIFTY
CENTS ($7.50) EACH.
ADOPTED.
No.205
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:
Cynthia A. Braun
Diane K. Butler
Teresa M. Carlisle
Marie E. Ciambor
Carla Cyrus-Wilson
Nora A. Diggins
Denise M. Drews
Agnes L. Forcucci
Laura Haas
Sherri McNair
James A. Meloon
Wygenia H. Miles
Jean E. Moscicki
Adelaide A. Nowadly
Georgette M. Oguich
Timothy J. Orlowski
Bernard N. Pryor, Sr.
Sandra L. Rutzen
Kathleen B. Winter
TOTAL: 19
ADOPTED
No.206
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:
Charles A. Acquisto Bart Sumbrum
Bagdasar. Bagdasarian Joseph R. Tomasulo
Joseph M. Baudo Betty J. Tryjankowski
Linda A. Benns Vera J. Villani
Rita Blamowski Virginia Everett
Suzanne J. Bohen Theresa M. Kind
LynnMarie Carberry Helen T. Nigro
Joseph A. Cirincione Shirley Denise Ziegler
Amelia M. Coia
Paula A. Costanzo
Joseph J. Danahy
Geraldine T. Danieu
Nancy L. DeMartino
Jay B. Duderwick
Janet L. Edwards
Elaine W. Elia
Mark M. Cannon
Kathleen A. Granville
Gail Brown Hardwick
Thomas E. Hill
Cynthia J. Johnson
Joanne M. Kearns
Donna M. Kwiatkowski
Stanley J. Lowicki
Julia W. Marks
Lewis J. Maulucci
Paul W. Mielcarek
Janet M. Mitchel
Pamela A. Mix
Thomas J. Murphy
Judith M. O'Donnell
Walter S. Pawlewski
David E. Pawlik
Catherine J. Phillips
Ludovico V. Puccio
Keith M. Rathbun
Patricia M. Repman
J. Gary Rogers
Marilyn A. Scinta
Joan Scholl
Joseph V. Schollard
Sylvia Slisz
Susan J. Smith
Patricia D. Sucharski
TOTAL: 52
ADOPTED
UNFINISHED BUSINESS
No.207
LOCAL LAW INTRO. #1 - ESTABLISH CHARTER REVISION
COMMISSION (COM. 2 C.C.P., JAN. 15, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO.2 C.C.P., JAN. 15, 1991,
LOCAL LAW INTRO. #1 - ESTABLISH CHARTER REVISION COMMISSION, FROM THE TABLE.
SECONDED BY MR. BELL.
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED SECONDED BY MR. BELL.
PASSED
AYES-13 NOES-0.
No.208
APPOINT MEMBERS OF CHARTER REVISION COMMITTEE
(COM. 198, C.C.P., JAN. 22, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 198, C.C.P., JAN. 22, 1991,
APPOINT MEMBERS OF CHARTER REVISION COMMITTEE, FROM THE TABLE. SECONDED BY MR.
BELL.
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED SECONDED BY MR. BELL.
ADOPTED.
No.209
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 COMMITTEE Tuesday, February 12, 1991 9:30 AM
FINANCE COMMITTEE Tuesday, February 12,1991
Immediately Following Civil Service
LEGISLATION COMMITTEE Tuesday, February 12,1991 2:00 PM
ECONOMIC DEVELOPMENT COMT. Wednesday,
February 13,1991, 10:00 AM
ANCILLARY COMMITTEES
LEGISLATION/PUBLIC PLACES Tuesday, February 12, 1991 6:00 PM
PROPERTY INSPECTION REFORM Wednesday, February 6, 1991 9:00 AM RM 1417
Friday, February 8, 1991 9:00 AM "
No.210
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. PITTS THE COUNCIL ADJOURNED
AT 4:05 P.M. TO MEET AGAIN ON WEDNESDAY FEBRUARY 13, 1991 AT 2:30 P.M. TO
CONSIDER THE ITEMS REFERRED TO THE COMMITTEE OF THE WHOLE CONCERNING THE BUDGET
REDUCTION PLAN PROPOSAL AND THE TRANSFERS OF FUNDS AND ORDINANCE AMENDMENTS
EFFECTING SUCH PLAN.
CHARLES L. MICHAUX, III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.
ADJOURNED SESSION
COMMON COUNCIL -- CITY HALL
BUFFALO, WEDNESDAY, FEBRUARY 13, 1991 AT 2:40 P.M.
PRESENT- DAVID A. FRANCZYK, PRESIDENT PRO TEMPORE, AND COUNCILMEMBERS:BAKOS,
BELL, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, AND PERLA. - 8
ABSENT- COUNCIL PRESIDENT GEORGE K. ARTHUR, ACTING MAYOR, AND COUNCILMEMBERS
AMOS, COLLINS, PITTS AND RUTECKI.- 5.
No.1
MR. FAHEY MOVED THAT THE COMMON COUNCIL NOW RESOLVE INTO THE COMMITTEE
OF THE WHOLE FOR THE PURPOSE OF CONSIDERING THE BUDGET REDUCTION PLAN PROPOSAL
AND THE TRANSFERS OF FUNDS EFFECTING SUCH CUTS.
SECONDED BY MR. BAKOS.
ADOPTED.
No.2
COUNCILMEMBER BELL NOW LEFT HIS SEAT IN THE COUNCIL CHAMBERS AT
3:05 P.M.
No.3
MR. FAHEY MOVED, THAT THERE BEING NO FURTHER BUSINESS IN CONNECTION
WITH THE CONSIDERATION OF THE BUDGET REDUCTION PLAN PROPOSAL AND THE TRANSFERS
OF FUNDS TO EFFECT THOSE CUTS, THE COMMITTEE OF THE WHOLE NOW RESOLVE INTO THE
COMMON COUNCIL.
SECONDED BY MR. BAKOS.
ADOPTED.
No.4
MR. FAHEY MOVED THAT THE COMMITTEE OF THE WhOLE BE DISCHARGED
FROM FURTHER CONSIDERATION OF ITEMS 184 THRU 190, C.C.P. FEBRUARY 5, 1991, AND
SAID ITEMS ARE NON BEFORE THE COUNCIL FOR ITS CONSIDERATION.
SECONDED BY MR. BAKOS.
ADOPTED.
No.5
MR. FAHEY MOVED THAT
ITEM NO. 184, C.C.P. FEBRUARY 5, 1991
TRANSFER
OF FUNDS FRINGE BENEFITS- $41,545 BE AND HEREBY IS APPROVED
SECONDED BY MR. BAKOS.
PASSED.
AYES-7 NOES-0.
No.6
MR. FAHEY MOVED THAT
ITEM NO. 185, C.C.P. FEBRUARY 5, 1991
TRANSFER
OF FUNDS - FRINGE BENEFITS- $87,000BE AND HEREBY IS APPROVED.
SECONDED BY MR. BAKOS.
PASSED.
AYES-7 NOES-0.
No.7
MR. FAHEY MOVED THAT
ITEM NO. 186, C.C.P. FEBRUARY 5, 1991
TRANSFER
OF FUNDS - FRINGE BENEFITS- $238,000
BE AND HEREBY IS APPROVED.
SECONDED BY MR. BAKOS.
PASSED.
AYES-7 NOES-0.
No.8
MR. FAHEY MOVED THAT
ITEM NO. 187, C.C.P. FEBRUARY 5, 1991
ORDINANCE
AMENDMENT- CH. 96- ADVERTISEMENT FOR BIDS BE AND HEREBY IS LAID ON THE TABLE.
SECONDED BY MR. BAKOS.
ADOPTED.
No.9
MR. FAHEY MOVED THAT ITEM NO. 188, C.C.P. FEBRUARY 5, 1991 ORDINANCE
AMENDMENT- CH. 175- FEES- PRESERVATION STANARDS BE AND HEREBY IS LAID ON THE
TABLE.
SECONDED BY MR. BAKOS.
ADOPTED.
No.10
MR. FAHEY MOVED THAT ITEM NO. 189, C.C.P. FEBRUARY 5, 1991 ORDINANCE
AMENDMENT- CH. 189- FL00D DAMAGE PREVENTION BE AND HEREBY IS LAID ON THE TABLE.
SECONDED BY MR. BAKOS.
ADOPTED.
No.11
MR. FAHEY MOVED THAT ITEM NO. 190, C.C.P. FEBRUARY 5, 1991 ORDINANCE
AMENDMENT- CH. 337- PRESERVATION STANDARDS-FEES BE AND HEREBY IS LAID ON THE
TABLE.
SECONDED BY MR. BAKOS.
ADOPTED.
No.12
MR. FAHEY MOVED THAT ITEM NO. 204, C.C.P. JANUARY 22, 1991 TRANSFER
OF FUNDS- MISC. $100,000 BE TAKEN FROM THE TABLE.
SECONDED BY MR. COPPOLA.
CARRIED.
No.13
MR. FAHEY MOVED THAT ITEM NO. 204, C.C.P. JANUARY 22, 1991 TRANSFER
OF FUNDS- MISC. $100,000 BE AND HEREBY IS APPROVED.
SECONDED BY MR. PERLA
PASSED.
AYES-7 NOES-0.
No.14
ON A MOTION BY MR. FAHEY, SECONDED BY MR. PERLA, THE COUNCIL ADJOURNED
AT 3:20 P.M.