HomeMy WebLinkAbout91-0219
1No.4
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 19, 1991
Pension Meeting February 22, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Eugene M. Fahey, Brian M. Higgins, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A
Giambra, Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE- NEGOTIATE ERIE BASIN MARINA LEASE
Hon. David P. Rutecki, Chairman, Hon. James W. Pitts, Hon. Carl A. Perla, David
P. Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred
T. Coppola, Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, Eugene Reville, Commissioner
Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan,
Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux.
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt. Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
: Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, February 19, 1991
at 2:00 P.M.
PRESENT - David A. Franczyk, President Pro Tempore of the Council, and Council
Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla,
Pitts, and Rutecki - 12.
ABSENT - Council President George K. Arthur, Acting Mayor-1
On a motion by Mr. Fahey, seconded by Mr.Bell, the minutes of the stated
meeting held January 22, 1991, and the Adjourned Session held on February 13,
1991, were approved
FROM THE MAYOR
No.1
Pur
suant to the above referenced item, attached please find information
relative to "First Night" and the New Year's Eve Ball Drop.
RECEIVED AND FILED.
No.2
I am hereby submitting for your review and approval the City of
Buffalo's Final Statement of Objectives and Projected Use of Funds for the
1991-92 Community Development Block Grant Program.
In addition to the proposed plan for revenues and expenditures in conducting
the City's seventeenth year CDBG program, included for your information is the
three year projection of goals and objectives for our on-going community
development program which was approved in last year's submission.
The $17,183,00.00 CDBG program for the coming year reflects an increase in our
federal entitlement, but this could be offset by reductions in the funding of
State-sponsored housing programs. We must maintain our momentum in improving
and increasing the housing stock in all of our neighborhoods.
During 1990, 252 new single family homes were started or completed in seven
different neighborhoods. Property owners received financial assistance
amounting to $3.1 million to rehab 377 existing housing units. 542 homeowners
received free paint and 44 received free locks as part of the Neighborhood
Revitalization Program.
Over the same period, the Buffalo Enterprise Development Corporation provided
loans for the expansion of both large and small businesses in the amount of
$18.1 million which is expected to generate $68.4 million in private investment
and create nearly 2000 jobs. Seven neighborhood businesses were assisted with
$262,000 in loans to stimulate $549,000 in new investment and 47 new jobs.
Although challenging economic times lie ahead, we intend to continue the
balanced and proven approach we have followed to this point of progress. With
your support we will be able to continue the successful revitalization of
Buffalo's neighborhoods and the reinvigoration of our local economy.
This administration is available to discuss all aspects of the plans before
you. I urge you to follow the timetable we have established and grant a timely
approval and authorization for submission of the City's Statement of Objectives
and Projected Use of Funds to HUD.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.3
Mayoral Appointees for Commission to Study
Regionalization of Parks C.C.P. 12/26/90
Please be advised that I have appointed the following individuals
to the above referenced Commission:
Stan A. Buczkowski 198 Eden Street Buffalo, 14220
David P. Comerford 114 Whitehall Buffalo, 14220
Vince McNamara 230 North Street Buffalo. 14201
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.4
A. Battaglia - Application to use 2532 Main St.
as a multiple dwelling
(Item No. 93, C.C.P., February 5, 1991)
The City Planning Board at its regular meeting held Tuesday, February
12, 1991, considered the above matter pursuant to Sections 511-89 - Planning
Board review of Multiple Dwellings.
The applicant seeks to convert an existing three-story, seven-unit multiple
dwelling and doctor's office into an eight-unit dwelling with accessory
parking.
The site is located in a C1 and R3 zone which permits such uses so long as 1250
square feet of lot area per dwelling unit can be achieved, or a total of 10,000
square feet (eight dwelling units x 1250 square feet = 10,000 square feet).
In this instance, the total lot area is 16,595 square feet. It should also be
noted that the lot in question is a thru lot which runs to Fairfield Avenue.
Consequently, any use of the Fairfield Avenue frontage for accessory parking
must respect the established front yard line of Fairfield Avenue and must be
screened in accordance with Section 511-97 A. (1) of the Buffalo Code.
Under S.E.Q.R., the proposed conversion is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the conversion with the following
conditions:
1) that the subject front yard of Fairfield Avenue Dot be used for accessory
parking;
2) that the screening described in 511-97 A(1) of the Buffalo Code be
erected to screen the subject accessory parking; and
3) that no vehicles be permitted to exit or enter the accessory parking area
described above from Fairfield Avenue.
RECEIVED AND FILED.
No.5
Norfolk and Southern Corp. - Application to erect a one-story office building
with accessory parking at 27 Owahn St.. (Item No. 94, C.C.P., February 5,
1991)
The City Planning Board at its regular meeting held Tuesday, February
12, 1991, considered the above application pursuant to Sections 511-67 and
511-98 of the Buffalo Code - the Buffalo Coastal Special Review District and
the Placement of Restricted Parking Lots in Residential ones.
The applicant seeks to erect a one-story (17 feet high) office building
measuring 50 feet by 75 feet, or 3690 square feet in area. An accessory
57-space parking lot is also proposed.
The site is split between an M2 and R2 zone with the proposed office building
going to the former and the accessory parking lot to the latter. The M2 zone
permits such uses, while restricted parking lots may be permitted in R2 zones
provided that Your Honorable Body approves them. Moreover, ouch parking
facilities are subject to the conditions of Section 511-97 of the Buffalo Code.
The proposed use is also compatible with the legislative intent of the Coastal
Review District.
Under S.E.Q.R., the proposed development is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the proposed office and parking area on the
condition that a solid fence utilizing the metal siding material used to
construct the subject office building be used to screen the accessory parking
lot from residences on Owahn Street.
RECEIVED AND FILED.
No.6
2468 Group Inc. - Request to erect an illuminated pole sign at
492 Grant Street. (Item No. 95, C.C.P., February 5, 1991)
The City Planning Board at its regular meeting held Tuesday, February
12, 1991, considered the above application pursuant to Sections 387-19 and
511-28 F.(l) of the Buffalo Code - Review of Pole Signs and the Sign
Requirements of the C1 Zone.
The applicant seeks to erect an accessory illuminated pole sign and two
accessory illuminated wall mounted signs. The proposed pole sign will have a
sign face of 49 square feet (7 feet by 7 feet) and will be 20 feet in overall
height. The two wall signs will measure 5 feet by 20 feet, or 100 square feet,
each. Therefore, the total signage being requested is 249 square feet.
The site is located in a C1 zone which limits the total area of signs to 35
square feet. Consequently any sign request which exceeds that amount must be
considered by the Zoning Board of Appeals. Moreover, in the C1 zone, Your
Honorable Body has reserved the right to allow pole signs which do not exceed
35 square feet in area and are no greater than 18 feet in overall height.
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 placement of a single pole sign with a
35 square foot face area and an overall height of 18 feet.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No.7
Free Use of Memorial Auditorium to the Ismalia Temple from February 26, through
and including March 3, 1991 to present the "Shrine Circus".
The Board of Stadium and Auditorium once again has received a
request from the Ismalia Temple for free use of Memorial Auditorium from
February 26, through and including March 3, 1991 to present the "Shrine
Circus".
The Shrine has agreed to supply the necessary certificate of insurance,
to provide necessary security and to comply with New York State Health Code
regarding emergency medical staffing.
The Ismalia Temple brings into Memorial Auditorium approximately 40,000
children from the Buffalo area free of charge. Generally these are children
who would not be able to afford a ticket to see the Circus. The Shrine Circus
is a charitable and nonprofit organization. Many thousands of people donate
their time and efforts to this cause to raise much needed funds to support the
worthwhile efforts of the Shriner's hospitals.
Due to the removal and replacement of the ice surface to accommodate this
event, the Ismalia Temple has been asked to bear the expense of this operation
in the amount of $3,500.00.
The Ismalia Temple has also requested that the City's share of
concessions also be donated to their organization. Under the interim lease
agreement with the Niagara Frontier Hockey Corporation, the City of Buffalo
receives quarterly lump sum payments that include concessions for hockey and
non-hockey events, as well as game admissions, advertising, novelties, etc.,
therefore, it would be impossible to determine what the City's share of
concessions would be.
The Board of Stadium and Auditorium recommends that your Honorable Body
approve the free use of Memorial Auditorium to the Ismailia Temple from
February 26, through and including March 3, 1991 for their presentation of the
"Shrine Circus".
MR. FAHEY moved:
That the communication from the Chairman of the Stadium & Auditorium
Board dated February 7, 1991 be received and filed; and
That the Board of Stadium and Auditorium be, and they hereby are,
authorized to grant free use of Memorial Auditorium to the Ismaila Temple for
the Shrine Circus, from February 26 through and including March 6, 1991,
provided that the Shrine Circus provide the necessary certificates of
insurance, provide necessary security, comply with New York State Health Codes
regarding emergency medical staffing, and that the Shrine Circus bear the
expense of removal and replacement of the ice to accommodate the Shrine Circus.
PASSED.
AYES-12 NOES-0.
No.8
Free use of Memorial Auditorium on March 19, 1991, for Dress Rehearsal and
again on March 23, 1991 to the Skating Association for the Blind and Handicap
ice Show.
The Board of Stadium and Auditorium has received a request from
the Skating Association for the Blind and Handicap for free use of Memorial
Auditorium on March 19, 1991 for their dress rehearsal and again on Saturday,
March 23, 1991 for their annual ice show.
The Skating Association for the Blind and Handicap (SABAH) is a
non-profit organization assisting handicapped persons through the instruction
and development of ice skating skills to improve their coordination, motor
skills and their overall health. With the assistance of this program, these
handicapped persons have been able to experience ice skating that they
otherwise may have been denied.
The Skating Association for the Blind and Handicap have agreed to supply
the necessary certificate of insurance, proper security and as mandated by New
York State Law, have medical personnel on staff in the emergency room located
in Memorial Auditorium.
The Board of Stadium and Auditorium hereby recommends that your Honorable
Body approve the free use of Memorial Auditorium on March 19, 1991 for dress
rehearsal and again on Saturday, March 23, 1991 to the Skating Association for
the Blind and Handicap for the presentation of their ice show.
MR. FAHEY moved:
That the Communication from the Chairman of the Board of Stadium and
Auditorium dated February 12, 1991 be received and filed; and
That the Board of Stadium and Auditorium be, and they hereby are,
authorized to grant free use of Memorial Auditorium on March 19 and March 23,
1991 to the Skating Association for the Blind and Handicapped (SABAH), provided
that SABAH provides the necessary certificates of insurance, proper security,
and complies with New York State laws and regulations regarding provision of
emergency medical personnel.
PASSED.
AYES-12 NOES-0.
No.9
Waiver of Formal Bid Process - Brine Pump Memorial Auditorium
We are requesting a waiver of the formal bid process for the emergency
installation of a new brine pump which is used for the ice surface at Memorial
Auditorium.
At the present timed we are having great difficulty with the freezing of
the ice surface due to the inefficiency of this pump. Mollenberg a Bets
Company- who has done repairs to this pump in the pasta has informed me that
due to the age of this pump (installed when the building was erected) it would
be less costly and time consuming to install a new pump rather than try and
repair the old one.
An estimated cost for the new brine pump and installation is
approximately $8,000. Funds are contained in our budget.
MR. FAHEY moved:
That the communication from the Director of Stadium and Auditorium dated
February 13, 1991 be received and filed; and
That the award by the Director of Stadium and Auditorium of an emergency
contract to Mollenberg & Bets Company for emergency installation of a new brine
pump at Memorial Auditorium be and it hereby is confirmed, ratified and
approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI-11
NOES- COLLINS-1.
FROM THE BUFFALO PRESERVATION BOARD
No.10
Pursuant to the above-referenced appeal, the Buffalo Preservation
Board failed to pass a motion to approve installation of an arched awning over
the Atrium Flower Shop on the Main Street elevation of the Ellicott Square
Building.
The Board considered the proposed awning inappropriate for the historic
Ellicott Square Building and recommended an awning that respected the original
character and period of the building.
The Board recommended a traditional shed type awning that would reflect the
original awnings on the building.
The Board is guided in its decisions on design review by the Secretary of
Interior's Standards for Rehabilitation, the following of which apply:
1. "The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The alteration
of any historic material or distinctive architectural feature should be avoided
when possible."
2. "All buildings, structures, and sites shall be recognized as products of
their own time. Alterations that have no historical basis shall be
discouraged.'
3. "Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary, the new
material should match the material being replaced in composition, design,
color, texture, and other visual qualities. Repair or replacement of missing
architectural features should be based on accurate duplications of features,
substantiated by historic, physical, or pictorial evidence rather than on
conjectural designs or the availability of different architectural elements
from other buildings or structures.'
In addition, the Board is guided in its decisions by the Joseph Ellicott
Historic District Design Guidelines and the Sign Guidelines for Buffalo
Historic Districts and Historical Landmarks.
The Board's inability to approve this item was based on the following concerns:
- The "Standards" recommend when historic and pictorial evidence exists, it
should be used to guide alterations to historically significant buildings.
(Old photographs indicate that the building originally had
traditionally styled awnings.)
- If the proposed arched awning was approved, future awnings would require
different shapes due to the variations in the rectangular openings of the
storefronts.
(Adapting arched awnings to rectangular openings is not a recommended design
treatment.)
- Because the flower shop fronts on the Main Street Pedestrian Mall, there
is no need for excessive signage that is designed for automobile traffic.
- At a three-foot (3'-0") projection, the arched awning would be little
more than an elaborate signboard.
(Historically, awnings were intended to provide shade and shelter.)
- The Board suggested that the building owner develop an overall building
plan for awnings/signage that could serve as a guide for future tenant
requests.
The existing pole awning at the Forum Restaurant was never reviewed/approved by
the Preservation Board. The Permit Office has no record of a building permit
being issued or approval from the Common Council and Department of Public Works
for installing the support poles in the City right-of-way.
The Board suggested that the applicant submit a revised design incorporating
the Board's recommendations. However, they indicated they would probably
appeal the Board's action before the Common Council.
The Board vote on these items is reflected in the enclosed attachments.
If you have further questions, please contact the Board Secretary at extension
5071.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO ARTS COMMISSION
No.11
Permission to Contract
Conservation of City Owned Artworks
The Buffalo Arts Commission in cooperation with the City Division
of Buildings issued a Request for Proposals (RFP) for the conservation
(treatment of bronze) for select statues and monuments owned by the City of
Buffalo. Technical specifications for the RFP were reviewed by the Conservation
Department at Buffalo State College and subcommittee of the City Arts
Commission. The following respondents submitted proposals and bids for the
Presidential Statues of Millard Fillmore and Grover Cleveland at City Hall plus
three alternates:
SAT Associates Inc.; N.Y.C., N.Y.
Russell-Marti Conservation Services; St. Louis, Mo.
John Scott Conservators, N.Y.C., N.Y.
Washington University Technology Associates, St. Louis, Mo.
Daedelus Inc.; Cambridge, Ma.
Due to budgetary constraints largely attributable to the cost of
foundation reconstruction for the Millard Fillmore monument area recently
approved by your Honorable Body, the Commission's present recommendations are
restricted to work on the Presidential Statues and the Monument to Dr. Martin
Luther King at King Park. Based on their professional qualifications, methods
of treatment proposed, and price quotations submitted; the firm
Daedelus Inc.
17 Tudor Street
Cambridge, Ma 02139
is recommended for:
Bronze Conservation Millard Fillmore and Grover Cleveland Sculptures at City
Hall
$16,800
Bronze Conservation of Martin Luther King Memorial at King Park
$8,100
TOTAL
$24,900
Your Honorable Body's authorization to enter into contract for this work
is respectfully requested. Funds are available in Bond Fund Acct.
11200-402-044.
MR.FAHEY moved:
That the communication from the Executive Director of the City of Buffalo
Arts Commission dated February 13, 1991 be received and filed; and
That the Executive Director of the City of Buffalo Arts Commission be,
and he hereby is, authorized to award a contract to the lowest responsible
bidder, Daedelus, Inc., It Tudor Street, Cambridge, MA, 91139, for the
following work:
Bronze Conservation Millard Fillmore and Grover Cleveland Sculptures at
City Hall $ 16,800.00
Bronze Conservation Martin Luther King Memorial at King Park
$ 8,100.00
TOTAL $
24,900.00
with the said cost to be charged against Bond Fund Account # 200-402-044.
PASSED.
AYES-12 NOES-0.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.12
Purchase of Truscon Property
(Com. 43, C.C.P. January 22, 1991)
On August 28, 1990, the Environmental Management Commission filed
a response with your Honorable Body regarding questions concerning the Truscon
Property. I understand that a Phase II Site Investigation under the New York
State hazardous waste site remediation system is in process, and that the final
sale of the property will be made contingent upon results of that
investigation. The Environmental Management Commission will be able to comment
further once the results of that investigation become available.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No.13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
DEPARTMENT OF POLICE
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 $140,000 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, FEBRUARY 8, 1991.
RECEIVED AND FILED.
No.14
COMPTROLLERS 1991 LEGISLATIVE PACKAGE
Attached you will find a copy of the 1991 legislative package as prepared by
this office. It is my contention that these proposals will enhance the
financial operations of the City by providing additional management tools and
greater flexibility of available resources.
This package has been forwarded to all members of the Western New York
delegation to the New York State legislature as well as several key leaders in
state government and administration.
I look forward to discussing the contents of this package with all
members of your Honorable Body in the near future.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.15
Capital Debt Service Fund Budget
I am submitting to Your Honorable Body the relevant pages of the Capital
Debt Service Fund Budget which I submitted to the Budget office on February l,
1991. It is my intention, as Comptroller of the City, to present to the Common
Council as much information as possible, as early as possible, regarding the
Capital Debt Service Fund Budget.
The Capital Debt Service Fund Budget as submitted, is balanced by
$15,478,545 of Real Property Tax dollars. Since Pilot Field's Enterprise Fund
will not produce a surplus to pay the $1,174,107 needed to fund Pilot Field's
debt service, the total Real Property Tax Levy dollars needed to fund this
budget will be the $15,478,545 plus the $1,174,107 or $16,652,652 an increase
of $5,893,096 over the 1990-91 Budget. Applying this increase in tax dollars
needed to fund the 1991-92 Estimated Capital Debt Service Fund Budget to the
1990-91 Taxable Value of City and School Property, the tax dollars needed this
year would increase $1.25/1,000 of assessed valuation or 5.84s for Homestead
Property and $1.72/1,000 of assessed valuation or 5. 71% for Non Homestead
Properties.
Almost all of the tax increase is needed to fund future projects. We are
in the process of preparing a bond sale for $32,015,000 to fund projects from
various Capital Improvements Budgets. Departments have requested that we
proceed to sell these bonds. To date we have provided 20 of the 44 projects on
this list with interfund loans in the amount of $12,860,000. We also have
requests for $8,770,000 in projects that will begin this spring or summer for
which funds must be provided.
We have not provided any dollars in this budget for:
l.) $13,011,000 of projects that are authorized and unissued;
2.) $11,265,000 of projects from the 1990-91 Capital Improvements Budget
where departments have not requested the resolutions to be submitted to the
Common Council; and
3.) Any projects that will be included in the 1991-92 Capital
Improvements Budget.
After the bond sale of $32,015,000 and before the 1991z-92 Capital
Improvements Budget is adopted, there will be $24,276,000 worth of projects
that will require funding next year. This will require more tax dollars next
year since our largest resource, Interest from Temporary Investments of Capital
Projects Fund, has decreased over 50% from last year. This source of funds will
continue to decrease in the future for two reasons. First, we do not sell the
bonds until the project is "ready to go," so bond funds don't remain idle very
long, and second the old projects from bond sales prior to the Tax Reform Act
of 1986 are being expended and this money is no longer available to invest.
I believe that this information will assist you in your preparation of
the 1991-92 City of Buffalo Budget.
REFERRED TO THE COMMITTEE ON FINANCE.
No.16
Renegotiate Lease
Newsstand Fillmore at
Broadway
In Item #25, C.C.P. 10/16/90, Your Honorable Body authorized this office
to renegotiate the existing lease with Mr. Allan Robins for the newsstand
located at the southeast corner of Fillmore at Broadway.
The current lease expires July 1992.
The Division of Real Estate has negotiated the following new terms and
conditions:
1. Lessee - The name of the lessee is changed from Allan Robins to Wayne D.
Robins residing at 88 Rugby Road, Buffalo, New York 14216.
2. Terms - The new lease shall be for a term of five (5) years to commence
on the 1st day of March 1991 and to end on the 28th day of February 1996, at an
annual rental of Twelve Hundred Dollars ($1,200) payable in advance on or
before the the 1st day of March of each year.
3. In addition to the above terms the lease may be renewed for an additional
five (5) year period upon the agreement of both parties. The annual rental,
during the renewal period, will increase at the rate of five percent (5%) per
annum.
The annual payment shall also be paid in advance on the 1st day March each
renewal year.
4. The Lessee agrees to maintain and keep in good condition, the existing
City-owned structure located thereon, the cost of which shall be the
responsibility of the lessee.
5. The Lessee agrees that he shall not let; underlet or assign over said
premises or any part thereof for the whole or any part of said term, without
prior written approval of the City of Buffalo.
6. All other terms and conditions of the existing lease shall remain in
effect.
The office of the Comptroller recommends that Your Honorable Body approve
the above terms and conditions of the new lease subject to the approval of the
Corporation Counsel as to form.
REFERRED TO THE COMMITTEE ON FINANCE.
No.17
Permission to Negotiate
Lease for Parking
Precinct #5
This Office has received a request from the Police Department to enter
into negotiations with 313 West Ferry Inc., owners of the parking lot which
adjoins and surrounds Precinct #5. The purpose of the request is to lease
sufficient parking for Precinct #5. There is virtually no on-site parking and
limited street parking for patrol and department personnel vehicles.
This request was prompted by a proposal from the attorney representing
313 West Ferry Inc. - for the Police Department to pay for the parking spaces
that it currently utilizes there and has been using for a number of years. 313
West Ferry Inc. recently purchased the parking lot along with the building
located at the corner of West Ferry and Grant. They have substantially
rehabilitated the building and parking lot for their tenants.
The past ownership and use of the parking lot did not require the amount
of use the parking lot is now generating. Their present tenants, a Video
Factory and pharmacy creates substantial customer volume and traffic, thereby
creating a need for the parking spaces in close proximity to the building.
Many times these spaces are occupied by police department personnel vehicles.
The new ownership of the property is sensitive to the needs of the police
department and are willing to meet the working needs of the precinct and
believe that a mutually acceptable agreement for those needs can be
accommodated through a lease.
This Office, therefore, is requesting permission to negotiate a lease
with 313 West Ferry Inc., for parking, and report the results of our
negotiations back to Your Honorable Body for approval.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL.
No.18
Permission to Negotiate
446 Genesee, NW 207.25'
NE Spring
Lot Size: 70.01' x 125'
Assessed Valuation:$2,600
450 Genesee, W 227.26' Spring
Lot Size: 35' x 160'
Assessed Valuation:$1,400
The Office of the Comptroller, Division of Real Estate, has received a
request from Mr. Joslyn B. Fyffe, General Manager of Sohel Mosun Limited Custom
Fabricators of Ontario Canada to purchase the above referenced properties.
Mr. Fyffe has indicated that they are a Candian manufacturer of
architectural products. His company has just entered into a purchase agreement
with the owner of 454 Genesse, which is the building adjacent to these two
lots. However, it will not be beneficial to Sohel Mosun Limited to pursue the
purchase of 454 Genesee, if they cannot buy the subject properties from the
City of Buffalo. Mr. Fyffe has indicated that they will immediately create 20
jobs and within three years will have to expand onto the properties in question
creating an additional 20 to 30 more jobs.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned properties and report back to Your
Honorable Body the results of the negotiations. However, due to the severe time
restrictions Mr. Fyffe is under we would appreciate a decision from Your
Honorable Body as quickly as possible.
REFERRED TO THE COMMITTEE ON FINANCE.
No.19
Permission to Negotiate
84 Sidway, W 100' S Mackinaw
Lot Size: Portion 6' x 112'
The Office of the Comptroller, Division of Real Estate, has received a
request from Mr. Salvatore & Tina Marie Strano of 167 Mackinaw, Buffalo, New
York requesting to purchase the above referenced property.
Mr. & Mrs. Strano own the adjacent property at 80 Sidway and would like
to purchase a portion of this property in order to widen their driveway.
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 a portion 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 6, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Salvatore and Tina Marie Strano residing at 167 Mackinaw, Buffalo, New York for
the private sale of 84 Sidway and report to this Honorable Body the results of
such negotiations.
ADOPTED
No.20
Results of Negotiations
146 Bennett, W 416.50'
N of William
Lot Size: 25' x 132'
Assessed Valuation: $1,200
As per Item #24, C.C. P. February 5, 1991, Your Honorable Body authorized
the Comptroller's Office, Division of Real Estate, to enter into negotiations
with Mr. Byron Brown of 613 E. Ferry Street, Buffalo, New York the purchase of
the above referenced property.
The result of the negotiation is that Mr. Brown is prepared to pay One
Thousand Two Hundred Dollars ($1,200) for the subject property.
This price is arrived at as a result of an independent appraiser secured
by Mr. Brown to determine a fair market value. The independent appraisal was
submitted by Mr. Edward Herndon of EUSI Urban-East Associates, 19 Summer
Street, Buffalo, New York.
Please be further advised that the fee for the appraisal report will be
paid by the purchaser along with the cost of legal description and transfer
tax.
This office recommends acceptance of this sale to Mr. Byron Brown in the
amount of One Thousand Two Hundred Dollars ($1,200) based on the above
mentioned report.
MR. FAHEY moved:
That the above communication from the Comptroller dated February 13,
1991, be received and filed; and
That the offer of Byron Brown, residing at 613 E. Ferry Street, in the
sum of One Thousand Two Hundred Dollars ($1,200) to purchase 146 Bennett
Street, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, 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.
No.21
Result of Negotiations
110 Custer, S 1047.20' W Main
Lot Size: 81' x Irregular
Assessed Valuation: $7,600
The Comptrollers's Office, Division of Real Estate, was authorized by
Your Honorable Body to negotiate a private sale with Mr. & Mrs. Lawrence
Koehler, 108 Custer Street to purchase the above City- owned vacant lot, per
Item # 23, C.C. P. December 11, 1990. They intend to expand their yard area and
enclose it with a privacy fence in order to abate a nuisance caused by
pedestrians cutting across their front yard from the NFTA park and ride lot,
adjacent to their property.
An independent appraisal was conducted by Shawn Larkin, appraiser, of
Bronstein Appraisal Service, 3666 Main Street, Buffalo, New York. He has
estimated the fair market of the property to be Five Thousand Dollars ($5,000).
The Division of Real Estate has investigated the sales of similar property in
the area and concurs with the appraiser's estimated value.
The results of our negotiations are that Mr. & Mrs. Koehler have agreed
and are prepared to pay Five Thousand Dollars ($5,000) for the subject
property. They have also agreed to pay for the cost of the appraisal, transfer
tax and cost of the legal description.
This office, therefore, recommends the sale of 110 Custer Street to Mr. &
Mrs. Koehler, 108 Custer Street, Buffalo, New York 14214 in the amount of Five
Thousand Dollars ($5,000).
MR. FAHEY moved:
That the above communication from the Comptroller, dated February 11,
1991, be received and filed; and
That the offer of Mr. & Mrs. Lawrence Koehler, residing at 108 Custer
Street in the sum of Five Thousand Dollars ($5,000) for the purchase of 110
Custer Street, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, 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.
No.22
Award Homestead Property
154 Maple Street 100' x 100'
Item #75, C.C.P. 2/5/91
The Committee on Finance has referred the referenced matter to the
Comptroller, Division of Real Estate, for report.
The referenced item concerns a letter drafted by Lester Sconiers, Esq.,
representing Community Action Organization (C.A.0.), requesting that the City
of Buffalo deed the referenced property to the C.A .0.
Mr. Sconiers makes reference to a quitclaim deed recorded August 26, 1986
in the Erie County Clerk's Office conveying the referenced property to
Fruitbelt Redevelopment Incorporated by the City of Buffalo. Mr. Sconiers
makes further reference to a reverter clause contained in said deed concerning
a condition subsequent to transfer that was to be performed by Fruitbelt
Redevelopment Incorporated. Since the condition was not performed, the title
revests in the City. However, this does not merely occur by operation of law
but rather by an initiation on the City's part, through its Law Department, to
take the necessary judicial action for the revesting.
To make matters more convenient we would suggest that the Fruitbelt
Redevelopment Corporation merely quitclaim title back to the City, wherein the
City could in turn quitclaim title over to C.A.0.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF PUBLIC WORKS
No.23
Notification Serial Numbers 8179, 8180 and 8181
This communication explains the attached Notification Serial Numbers.
8179
North Street north side (Repeal No Parking Anytime
beginning at a point 45'
west of the west curb line
extended of College Street
and a point 125' east
theref rom
8180
North Street north side (Install No Parking Anytime
beginning at a point 10'
west of the west curb line of
College Street and extending
138' east therefrom
8181
Exchange Street north and (Install No Parking Anytime
south sides from Chicago
Street to 400' east of
Louisianna
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.24
NOTIFICATION SERIAL NO.: 8179
FILED WITH CITY CLERK:2/15/91
FOR COUNCIL MEETING:2/19/91
REPEAL NO PARKING
In conformity with Section 49 of Chapter 479 of the '.>ordnance' 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
NORTH STREET Beginning at a point 451 west of
north side the west curb line extended of
College Street and a point 125'
east therefrom
NOTIFICATION SERIAL NO.:8180
FILED WITH CITY CLERK:2/15/91
FOR COUNCIL MEETING:2/19/91
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
NORTH STREET Beginning at a point 10' west of
north side the west curb line of College St.
and extending 138' east therefrom
NOTIFICATION SERIAL NO.: 8181
FILED WITH CITY CLERK 2/15/91
FOR COUNCIL MEETING:2/19/91
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
EXCHANGE STREET From Chicago Street to 400'
north and south sides east of Louisianna
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.25
BOND CANCELLATION
395 Delaware Avenue
It is hereby certified that the bonds described below be cancelled:
Principal: David Dolgin d/b/a
Dadol Catering Inc.
Surety: Aetna Casualty and Surety Company
Amounts: $5,000.00 each
Dated: October 4, 1989
Structures: sidewalk Cafe and Awning
Location: 395 Delaware Avenue
These bonds are no longer required due to the fact that the encroachments
(sidewalk cafe and awning) have been removed from city right of way. The above
captioned bonds should be deemed released and cancelled as to future liability
in accordance with the provisions of Section 47 of the City Charter as amended.
RECEIVED AND FILED.
No.26
Licenses Issued
January 1991
I am respectfully submitting the enclosed report of licenses issued
in the month of January 1991 by the Division of Licenses.
RECEIVED AND FILED.
No.27
TERMINATION OF WORK
DIVISION OF ENGINEERING
DEPARTMENT OF PUBLIC WORKS
Please be advised that we have directed our Contractor to cease
work for the winter season on the following project:
PROJECT CONT. # CONTRACTOR WORK SUSPENSION DATE
Ontario StreetC-91584900 Dolomite Constr. February 15, 1991
Boat Launch Company
RECEIVED AND FILED.
No.28
CCP Item #177 dated 2/5/91
"Salary Ordinance Amend.-Bldgs."
I am hereby submitting the enclosed eligible list for LICENSE
INSPECTOR from the Civil Service Commission as per your request.
RECEIVED AND FILED.
No.29
Recovering Costs for Emergency Calls
Related to Drug or Alcohol Abuse
CCP #217 1/22/91
In response to the above Common Council proceeding, our department
does not have the records for emergency calls related to drug or alcohol abuse
which you are inquiring about. The Police Department would have this
information.
RECEIVED AND FILED.
No.30
CHANGE IN CONTRACT
CHANGE ORDER 12
LAFAYETTE SQUARE MALL
CONTRACT 114551
STIMM ASSOCIATES
I hereby submit to your Honorable Body the following change in
the contract for the above named project.
During the construction of the Lafayette Square Mall Project, the City of
Buffalo made some design changes that were not eligible for State Funding. The
N.F.T.A. erroneously included the non-participating costs when calculating the
State share of the project.
State Ineligible Costs:
Granite Pavers Mudset Type Dl & D4$ 5,426.85
Granite Pavers Mudset Type E-l$ 3,763.08
Mosaic Granite Paving Mudset Type D-ll$56,377.51
Mall Lighting Control$ 1,833.00
TOTAL$67,400.44
Final audited project cost$2,872,455.76
City Share 10% of Eligible Costs$287,245.58
City Participation Only-Ineligible Costs$ 67,400.44
TOTAL CITY SHARE $354,646.02
Previously Paid $292,829.92
Change Order #2 - Amount Due$ 61,816.10
Funds for this additional work are available in the Division of Engineering
Fund Account #200-401-083-00.
I hereby certify that the amount of this change order, $61,816.10, is fair and
equitable for the work involved Therefore, I respectfully request your
Honorable Body approve and authorize the Commissioner of Public Works to issue
this change order.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated
February 12, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to Stimm Associates in the amount of $61,816.10 for
work under the contract relating to the construction of the Lafayette Square
Mall Project, with said cost to be charged against the Division of Engineering
Fund Account #200-401-083-00.
PASSED.
AYES-12 NOES-0.
No.31
CHANCE IN CONTRACT
CHANCE ORDER NO. 3
CITY CONTRACT NO. 91546200
FILTERED MATER CONDUIT REPLACEMENT AND MODIFICATIONS
CONTRACT NO. 15
DIVISION OF MATER
I hereby submit to your Honorable Body the following change order
with Firstrhyme Construction Corporation, Inc., for work relating to the
Filtered Water Conduit Replacement and Plant Modifications, Contract 15.
Work Item No. -A - This work item calls for the removal of 1,700 cubic yards of
sand from the clearwell. 1,777.7 cubic yards of sand was removed.Increase to
remove the additional 77.7 cubic yards.
INCREASE: $ 4,145.29
New Work Item No. 24 - The original construction drawings used for design of
the 90 inch conduit showed the clearwell structure and the north canal were
approximately 4.0 feet and 5.5 feet (respectively) higher than reflected on the
original design. These measurements were taken from the as-built drawings of
these two structures. This situation necessitated an upward adjustment in
grade of the 90 inch conduit, thereby not permitting installation of the 48
inch wash water sewer above the 90 inch conduit in a common trench, as
designed. This resulted in a net increase of construction costs due to
required construction of the 48 inch wash water sewer in a separate trench,
parallel to, and west of, the 90 inch conduit. Additional labor and material
associated with changes in alignment and grade reflected an increase.
INCREASE: $ 39,697.50
New Work Item No. 25 - When the north basin was being filled, it was determined
that the drain outlets in the east weir of the north basin had numerous leaks
in the concrete surrounding the drain. Contractor was required to seal these
leaks with additional concrete.
INCREASE: $2,600.00
Costs have been reviewed by the Department of Public Works and R & D
Engineering and Land Surveying, P.C., and found to be fair and equitable.
SUMMARY:
Original amount of Contract $4,746,925.00
Amount of Change Order No.1 -Increase $150,982.00
Amount of Change Order No.2 -Increase $44,404.00
Amount of Change Order No.3 -Increase $46,442.79
CURRENT AMOUNT OF CONTRACT $ 4,988,753.79
Funds in the amount of $46,442.79 are available in the Division of
Water's 415 Capital Projects Fund, 503 Account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No.32
CORRECTION FOR REDUCING RETENTION
CITY CONTRACT NO. 91551700
C.C.P. NO. 31, OF JANUARY 22, 1991
CLEANING AND CEMENT LINING new WATERMAINS IN
DELAWARE AVENUE
DIVISION OF WATER
Your Honorable Body approved my request to reduce the retention
for Nichter Utility Construction Company, Inc. to a retention of $5,000.00 for
pavement restoration in Barker Street.
This communication is to advise you that the correct figure for the
reduction being withheld from Nichter Utility Construction Company, Inc. should
read $96,924.16 as there was a ten percent (10%) retention being he ldby the
City instead of the erroneous report of the five percent (5%) retention.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated
February 13, 1991 be received and filed; and
That Item No. 31, C.C.P., January 22, 1991 be corrected to show
$96,924.16 as the amount of retention being withheld from Nichter Utility
Construction Company, Inc. by the City instead of the erroneous five percent
(5%) retention on Contract No. 91551700 for cleaning and cement lining of new
watermains in Delaware Avenue.
PASSED
AYES-12 NOES-0.
No.33
K. Vaughn - reduce rent - LaSalle Concession:
(Item # 91, C.C.P. February 5, 1991)
I have reviewed the attached claim from Mr. Vaughn and have no
problem with reducing his rent by $7,200.00. The City should also reimburse
him for the $118.36 he paid to National Fuel Gas.
However, with regard to the $1,000.00 he paid for repairs, that work
could have been done in-house by my staff. Furthermore, it is my understanding
that Mr. Vaughn was told that he should contact Public Works for any repairs
that needed to be done. Therefore, I feel that this claim is not valid and I
would not reimburse him for the $1,000.00 for repairs.
REFERRED TO THE COMMITTEE ON FINANCE.
No.34
Mecca Kendal Corporation
Item #209, C.C.P. 1/22/91
Before we declare a bidder irresponsible, we must have solid legal
grounds. Therefore, we would recommend that you refer this matter to the
Corporation Counsel.
REFERRED TO THE COMMITTEE ON FINANCE.
No.35
Pawnbroker's Application
for Jonathan R. Schmid D/B/A
Metro Loan Co.
Pursuant to Chapter 316, Article VIII of the City of Buffalo Ordinances,
I hereby recommend approval for a Pawnbroker's License to be issued to the
following:
Jonathan R. Schmid D/B/A
Metro Loan Co.
42 Broadway
Buffalo, New York 14202
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.36
925 Elmwood Avenue requests permission
to install door which encroaches city right of way.
Mr. Ron Lucchino, owner of Elmwood Taco and subs, has requested
permission to install a door which, when opened, would encroach city right of
way at 925 Elmwood Avenue.
The proposed door would measure four (4) feet in width and encroach three
(3) feet, six (6) inches of city right of way when fully opened. The
Restaurant, Elmwood Taco and Subs will be constructed at the Northeast corner
of Elmwood and West Delavan Avenues, which is, at this time, a vacant lot.
The Department of Public Works has reviewed Mr. Lucchino's request
pursuant to Chapter 413 Section 67 (encroachments) of the City Charter and has
no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for the installation of said door provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the door be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said door.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.37
561 Forest Avenue requests permission
to install awning which encroaches city right of way.
Mr. Mario D. Carusso, owner of Bourban Street, a bar and restaurant
located at 561 Forest Avenue has requested permission to install an awning
which encroaches city right of way at said address.
The proposed awning would measure sixty eight (68) feet in length, a
maximum of eight (8) feet in height and project a maximum of three (3) feet
from the building face.
The Department of Public Works has reviewed Mr. Carusso's request
pursuant to Chapter 413 Section 56 (awnings, canopies and marquees) of the City
Charter and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for the installation of
the awning provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.38
Gethsemane Baptist Church requests permission to erect pole sign upon city
street (Item #221 C.C. P. January 22, 1991/Item #77 C.C.P. February 5, 1991).
The Department of Public Works has reviewed the request of Gethsemane
Baptist Church, located at 55 Grape Street, to install a pole sign on the
median at Virginia and Grape Streets and has no objection to said installation
provided the following conditions are met:
1. That the City of Buffalo is held harmless against any and all loss or
damage caused by the installation, use and removal of said sign.
2. That Gethsemane Baptist Church be responsible for maintenance and any
necessary repairs to said sign.
3. That, before installation, the exact location, dimensions, and color of
said sign be approved by the Department of Public Works, Traffic Engineering.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.39
JUSTIFICATION FOR SPRINKLING
AND LAWN FOUNTAIN (SPRINKLER) CHARGES
C.C.P. NO. 206, JANUARY 22, 1991
DIVISION OF WATER
Please be advised the Division of Water has two (2) distinct charges
for the use of a hose for watering lawns. The first charge is based on the
size of the frontage of the lot. The present sprinkling connection charges are
billed in the May and August bills only and are in effect when a hose bid
(threaded faucet) is found on the property. The charges are based on the
anticipated usage of water which is restricted by Chapter 491-49 of the
Ordinances which limits the size of the hose to no larger than 3/4 inch. It
should also be noted that this Ordinance prohibits sprinkling without a nozzle
or with an opening larger than 1/4 inch.
The following information is considered when the above water charges are
computed.
A 3/4 inch hose, fifty feet in length, would produce 2.84 cubic foot flow
per minute or 21.5 gallons per minute. With a 1/4 inch nozzle opening the flow
would be restricted to 5 gallons per minute.
The above charges are for water used with a hose nozzle to sprinkle
lawns, wash sidewalks, porches, driveways and so forth.
If a person wishes to attach a lawn foutain (sprinkler) to the hose, a
greater volume of water will be used as the 1/4 inch required restricter is no
longer available when using a sprinkler. If a sprinkler is attached to a 3/4
inch hose, it is estimated that approximately 18 gallons of water per minute is
used. Chapter 491, Section 48 of the Ordinance limits the use of a lawn
sprinkler to no longer than three hours in each day that it is used for flat
rate users.
Inasmuch as more water is used with a lawn sprinkler, an additional
charge is attached for the use of that extra water. This is very evident with
residential metered users. It is normally found that residential metered
customers will let their lawn sprinklers run no more than fifteen to twenty
minutes in a twenty-four hour period.
In the May, 1990 bill, the Division of Water notified all flat rate
customers that there was an additional charge for the use of a lawn sprinkler.
The dollar amount was given along with a request if anyone using a sprinkler
and was not being billed, to please contact the Division of Water's Billing
Office so that it may be added to their account. Needless to say, we did not
receive any requests to add a sprinkler to an account.
In order to insure that the Division of Water is paid for water that is
used, our Inspectors, in their respective districts, report back to the Billing
Office all sprinklers or hoses at rest in use. Our Billing Clerks check the
assessment for the account to determine if the account is a flat rate account
and if it is being charged. If it is a metered account, it is disregarded. If
the flat rate account is presently being billed for the sprinkler or hose at
rest then it is also disregarded. If it is discovered that the flat rate
account is not being charged for the sprinkler found by the Inspector, an
additional bill is sent to the customer for the additional charge for water
being used by that sprinkler. The customer has the option to have that charge
removed in the next billing by simply notifying our Billing Office within ten
(10) days of billing that they no longer will be using the sprinkler.
Customers are also informed verbally by the Inspectors and Billing Office
Clerks that the Ordinance provides this option.
In essence, the flat rate charge for lawn sprinklers or lawn fountains
exists due to the fact that more water is consumed than with water passing
through a 1/4 inch hose nozzle opening.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PARKS
No.40
SOUND AND LIGHT - LA SALLE PARK PAVILION
Authorization of your Honorable Body is hereby requested to draw
up specifications and to proceed with advertisements for bids for sound and
lighting systems for the LaSalle Park PAVILION 1991 season.
MR.FAHEY moved:
That the communication from the Acting Commissioner of Parks dated
February 12, 1991 be received and filed; and
That the Acting Commissioner of Parks be, and he hereby is authorized to
draw up specifications and proceed with advertisement for bids for sound and
lighting systems for La$alle Park Pavillion for the 1991 season.
ADOPTED.
No.41
EMERGENCY TREE WORK - WIND STORMS
November 6, 1990 & November 11, 1990
During the wind storm of November 6, 1990 (winds in excess of
60 m.p.h..), our Department received approximately lOO requests to handle
emergency tree work throughout the City. At least 17 trees were either
uprooted or fell as a result of the storm. In order to restore conditions to
normal, within a reasonable amount of time, the C. Mays Tree Experts Co. was
called in to assist Parks personnel in working with the emergencies.
C. Mays Tree Experts Co. worked at the following addresses:
76 Ross Ave. - 22" diameter maple tree uprooted and came to rest on a
parked truck.
651 West Ave. - a l4" diameter linden tree fell onto a house.
146 South St. - a 30" diameter boxelder tree fell onto the house and
across wires and telephone cables.
The cost of this work is $1,250.00.
On November 11, 1990, during a severe wind storm, a 30" diameter Norway
maple tree fell onto a house and across wires at 227 Grey St. C. Mays Tree
Experts were called in to remove the tree since the Parks Department was
involved in restoring conditions throughout the City. The cost of this service
is $916.00.
RECEIVED AND FILED.
No.42
#91 C.C.P.-2/5/91
REDUCE RENT-LaSALLE CONCESSION
In reviewing the request from the Concessionaires at LaSalle Park,
I believe it has some merit. I have no problem if Your Honorable Body grants
them a 50% reduction from their rental agreement.
The amount of the gas bill should be reimbursed since the City should be
paying for gas according to the lease.
however
I have - problems when it comes to reimbursement of the $1,000 they think is a fair price for the work
they claim to have done. If indeed Your Honorable Body grants them the 50% reduction, then I think that is sufficient and
I can support that. If Your Honorable Body also grants them the other $1,000 they are asking for, then for the record, I
will be against forgiving any of the reduction.
REFERRED TO THE COMMITTEE ON FINANCE.
No.43
C.C. REF. #224 C.C.P. 1/22/91 - EXPANDING CITY COMMUNITY CENTER HOURS
At present, the Parks and Recreation Department operates the City
Community Centers from the month of September until a week after Easter.
The present staffing for each Community center is two recreation
instructors, and a seasonal laborer. The recreation instructors, who belong to
Local 650, are worked on a five day schedule. Consequently, any weekend
schedule would involve the cost of overtime.
The other main concern would be the staffing of these centers from April
through and including August. Staffing becomes a problem since all of our
recreation instructors are dispatched to the playgrounds and outdoor swimming
pools to provide maintenance of the same and supervision through the summer
months.
The cost of just wages, not including fringe benefit costs, to hire the
extra personnel needed to keep the centers open and supervised for the five
months in question would be approximately $143,000. This is based on only two
recreation instructors per community center at our nine community centers. At
present, the Parks Department has only 2 permanent recreation instructor
positions that are vacant. So, as you can see there is another problem. More
recreation instructor positions would have to be created.
I did meet with personnel from the Division of Youth and explained my
position to them. What I'm basically saying is that I do not have the
personnel to handle the type of arrangement that is being requested. And of
course, another major concern is money. At this time, with the City struggling
to find monies for this year's budget and with next year's dilemma right around
the corner, we just can't afford it.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No.44
NUMBER OF FIRE RUNS AND HOURS WORKED
FOR THE FIREBOAT COTTER SINCE 1985
The following is a list by year of the number of fire runs and
hours worked for the fireboat since 1985.
YEAR FIRE RUNS HOURS
1985 3 4:30
1986 8 6:40
1987 3 6:51
1988 9 6:25
1989 9 3:12
1990 7 8:40
TOTAL - 39
AVERAGE PER YEAR - 6.5
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.45
FIRE RUNS FOR THE FIREBOAT FOR 1990
The following is a list of actual fire runs for the fireboat for
1990.
DATE FIRE
January 24 no fire - no work
March 24 light ballast - no work
July 15 boat fire (boat burned to water
line and sank)
August 1 grass fire
September 17 grass fire
October 16 roof fire (extinguished by
land companies)
December 12 building (fireboat standby -
extinguished by land companies)
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.46
OVERTIME ON THE FIREBOAT
The following is a list of costs for overtime on the fireboat
which would result if it would continue to be manned on the present schedule
and the three (3) vacant Marine Oiler positions were not filled:
Overtime for Pilots 32,037.36
Overtime for Engineers 30,594.06
Overtime for Asst. Engineers 28,406.04
TOTAL OVERTIME WITHOUT BENEFITS 91,037.46
Salaries for 3 Marine Oilers w/o benefits 92,193
Overtime for fireboat 1990 54,000
TOTAL ANNUAL SAVING WITHOUT BENEFITS -146,193.00
Savings for five (5) months 60,913.00
TOTAL ANNUAL SAVING WITH BENEFITS -188,142.00
Savings for five (5) months 78,392.00
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No.47
RECOVER COST FOR EMERGENCY CALLS
(ITEM NO. 217, C.C.P., JAN. 22, 1991]
The above-referenced resolution has been referred to this office
for an opinion "on the legality of implementing a policy whereby costs
associated with accidents caused by individuals under the influence of alcohol
or drugs be assigned to the responsible party."
It is apparent from the resolution that the author is referring to two
types of costs: the cost of the emergency response itself, and the cost of any
damage to public property which might result from the accident.
With respect to the first point, municipalities are not permitted to
recover the cost of providing emergency services. This rule is well settled by
many courts in our state, including the Court of Appeals, our highest court.
(Koch v. Consolidated Edison Co. of New York, 62 NY2d 548, 479 NYS2d 163, 468
N.E. 2d l, 1984; State v. Long Island Lighting Company, 129 Misc. 2d 371, 493
NYS2d 255, 1985). Therefore, we are not permitted by state law to recover the
cost of police and fire response to emergencies created by drunk drivers.
There are a few very narrow and specific, statutory exceptions to this
general rule. The only one applicable in this instance is Sec. 207-c of the
General Municipal Law, which provides a municipality with a cause of action
against a third-party tortfeasor for any sums paid to injured policemen as
salary and medical expenses. It has been our policy for some time to
vigorously pursue claims under Sec. 207-c in any cases where the facts warrant
them.
With respect to the second part of the resolution regarding recovering
the cost of damage to city property caused by drunk drivers, it has long been
our practice to claim for and recover the cost of damage to city property from
the responsible party in any motor vehicle accident. We do not keep separate
figures for accidents caused by drunk drivers, but we also do not make any
distinction. In 1990, we recovered more than $100,000 in claims against
tortfeasors who caused damage to city property in motor vehicle accidents.
RECEIVED AND FILED.
No.48
RESCIND SALE OF PREMISES - 1632 GENESEE STREET TO JUNE ENTERPRISES, INC.
(Item No. 137, C.C.P., January 16,1990)
By the above-mentioned item, Your Honorable Body authorized the
sale of premises briefly described as above to: June Enterprises, Inc..
June Enterprises, Inc. has not responded to communications from the Law
Department to effect transfer of said property.
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No.49
Referendum on Reduction in Fire Battalions
At the meeting of the Finance Committee on February 12, 1991,
this office was requested by Mr. Pitts to draft a resolution creating a voter
referendum on the subject of the reduction in the number of battalions in the
Fire Department. We have complied with Mr. Pitts' request, and the resolution
is attached herewith. However, we must inform you that in our opinion the
resolution is invalid, as the Common Council has no power to place a question
on the ballot for voter referendum by resolution. Therefore, in our opinion,
the Erie County Board of Elections would be compelled to ignore such a
resolution, if passed by this Council.
First, it is well settled that there is no general power in the
legislative bodies of municipalities to legislate by voter referendum. This
principle was enunciated long ago by New York's highest court in McCabe v.
Voohris, 243 N.Y. 401 (1926), when the Court said:
The power to provide for a referendum must be found in the City Home Rule Act
(Mills v. Sweeney, 219 N.Y. 213). Otherwise it is unauthorized. Government by
representation is still the rule. Direct action by the people is the
exception. The test of validity, therefore, is whether Local Law No. 16 has
been adopted as a local law coming within the powers delegated to the City by
such law. The power asserted by the City must fail unless the local law squares
itself with the restrictions therein contained.
McCabe v. Voohris and its progeny established the rule that referenda can
only be created by local law (not resolution) and only regarding subjects about
which the State Legislature has specifically delegated the power to create a
voter referendum. This principle has been upheld by numerous court decisions,
including Greene v. Town of Warrensburg, 90 A.D. 2d 916, 456 N.Y.S.2d 873 (3d
Dept., 1982); Meredith v. Monahan, 60 Misc.2d 1081, 304 N.Y.S.2d 638; Silberman
v. Katz, 54 Misc. 956, 283 N.Y.S.2d 895.
The City Home Rule Law referred to in McCabe v. Voohris is now the
Municipal Home Rule Law. Sections 23 and 24 of that law contain the delegation
of power to municipalities to hold referenda on certain specified questions.
Those sections provide that the referenda may only be created by local law.
Therefore, it is our opinion that the Common Council may not, by resolution,
place on the ballot the question presented in this resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.50
USE OF TRUST FUND FROM PREPAYMENT OF GOLD0ME U.D.A.G.
You have asked this office for a legal opinion outlining the authority
by which the trust fund created by Downtown Development, Inc. ("D.D.I.") with
part of the proceeds of the Goldome U.D.A.G. prepayment can be used to
construct a new school for the Board of Education at Jefferson and Best.
The original Goldome U.D.A.G. was for $7,000,000. Under the original
U.D.A.G. agreement, $4,000,000 of the $7,000,000 in U.D.A.G. repayments was to
be used for PrattWillert Housing. In 1986, Goldome expressed its desire to
prepay the U.D.A.G. and the U.D.A.G. was, in fact, prepaid for the agreed
present value of $2.2 million. Of the $2.2 million prepayment, $1.2 million
was used for Pilot Field, and $1.0 million was placed in a Trust Fund at M & T
Bank, pursuant to a Trust Agreement dated January 15, 1987. Under the Trust
Agreement, D.D.I. is the "Grantor", the City of Buffalo is the "Beneficiary"
and the purpose of the Trust is to assist in "the redevelopment of the War
Memorial Stadium site." The Trust Agreement further provided, in paragraph B
thereof:
"On December 3l, 1990, if the principal and accumulated income hereof has not
already been expended as provided in subparagraph A of this ARTICLE I, this
trust shall terminate, and the Trustee shall distribute all of the then
principal of this trust, and any accumulated income thereon, to the Grantor,
free and clear of any lien or trust, to be set aside by the Grantor and
designated for expenditure solely for neighborhood purposes with the approval
of the Mayor and Common Council of the City of Buffalo."
Since the trust corpus was never expended, the Trust Agreement terminated
on December 31, 1990. The Trust corpus, which had grown to about $1.3 million
with interest, is being held by D.D.I., and it is this money which the Mayor is
proposing to use for development of a new school at Jefferson and Best,
pursuant to paragraph B of the Trust Agreement.
The corpus of this Trust was never intended to be used for Pratt-Willert
Housing. When the Goldome U.D.A.G. was prepaid, Your Honorable Body passed
Item No. 2, C.C.P., April 15, 1991, which substituted for the Goldome U.D.A.G.
the allocation of 40% of the repayments of seven other U.D.A.G's yielding
$164,707 per year, to Pratt-Willert Housing. In the 5 years since Item No. 2,
C.C.P., April 15, 1991 was passed, $889,551 in repayments from these U.D.A.G's
has been used for Pratt-Willert Housing.
We hope that tracing this history has helped to clarify matters. The
specific answer to your question is that paragraph B of the Trust Agreement
provides that the proceeds may currently be used for any "neighborhood
purposes" with the approval of both the Mayor and Your Honorable Body. Neither
of these entities may unilaterally designate its use.
REFERRED TO THE COMMITTEE ON FINANCE.
No.51
SOME RULE MESSAGE - SENATE BILL 1955
We have received from State Sen. William T. Stachowski
1 a request
for a Home Rule Message from the Buffalo Common Council supporting Senate Bill 1955, which would authorize the City of
Buffalo to abandon as dedicated parkland 17.1 acres on Walden Avenue at the City line, and to use such land for the
construction of affordable housing for senior citizens. The land in question is undeveloped, weed-infested and is not
being used as parkland. However, it was acquired for park purposes and in order to be able to convey clear title for the
senior citizen housing project, passage of this bill by the State Legislature is necessary.
A copy of the bill, the Legislative Memorandum supporting it and a copy
of the Home Rule Message is attached herewith for your information. I hereby
approve the Rome Rule Message as to form.
RECEIVED AND FILED.
No.52
DEFAULT - NAMING RIGHTS AGREEMENT
PILOT FIELD
(Item No. 191, C.C.P., FEBRUARY 5, 1991)
Your Honorable Body has requested this office provide a status
report regarding the alleged default of the above Agreement.
As you are aware, the Law Department is attempting to enforce the City's
rights under the Pilot Field Naming Rights Agreement. As a result of our
effort, Pilot Field is now prepared to forward its annual payment to the City
of Buffalo. We are in the process of working out the details of the letter of
credit which guarantees future performance of the Agreement. I am hopeful that
the situation will be completely resolved in the very near future.
REFERRED TO THE COMMITTEE ON FINANCE.
No.53
REQUEST 50% COMPROMISE ON LASALLE
PARK CONCESSION RENT
[ITEM NO. 91, C.C.P., FEBRUARY 5, 1991]
The above-referenced communication from Kenneth E. Vaughan and
James Cowie, operators of the concession stand at LaSalle Park, request a
$7,200.00 reduction in rent, as well as three credits against 1990 rent, due to
a three-month delay in opening the concession stand not due to the fault of the
operator.
Your Honorable Body has the power to approve the request, pursuant to
Section 47 of the Charter, as part of your power to release liabilities to the
City, but such a move must be approved by a two-thirds vote. The reasons given
in the above communication are legally adequate, if you find them to be
persuasive. You also have the power, if the claimants agree, to allow them to
recoup their loss by modifying the contract to extend its term, in lieu of the
reduction in rent.
REFERRED TO THE COMMITTEE ON FINANCE.
No.54
D. MELE - REQUEST TO PURCHASE 1495 FILLMORE (Item No. 84, C.C.P., February 5,
1991)
The above referenced communication from Attorney Harold Fein,
expressing the desire of his client, Daniel Mele, to acquire the former G.E.
Building at 1495 Fillmore Avenue to use in his Auto Parts Distribution
business, has been referred to the Comptroller, the Department of Community
Development and to this office for an opinion.
This property was acquired by the City through In Rem Foreclosure, and is
not a capital asset of the city. Its disposition is governed by the procedures
enacted by your Honorable Body in Item No. 198, C.C.P., May 16, 1978,
"Procedures Governing the Sale of City Owned Property Not Acquired for
Municipal Purposes." The procedure is that which is commonly known as the
"private sale." The Comptroller obtains one or more appraisals, and then
negotiates a purchase price based upon those appraisals, and reports back to
your Honorable Body with a recommended sale price. The purchaser pays the cost
of appraisal[s], title search and preparation of legal description.
The appropriate motion would be to direct the Comptroller to obtain
appraisals, negotiate a price with the purchaser and report back to the Council
with his recommendations. However, in this case, because of the large size of
the building and the intended re-use for industrial development, it would be
advisable also to involve the Commissioner of Community Development in the
negotiations, in order to insure that the purchaser has both the bona fide
intention and the ability to redevelop the building, and to reduce the
possibility that the City will wind up with it back again through In Rem
Foreclosure in a few years.
REFERRED TO THE COMMITTEE ON FINANCE.
No.55
L. SCONIERS - 154 ALE STREET
(Item No. 75, C.C.P., February 5, 1991)
The above-referenced communication from Attorney Lester Sconiers has been
referred to the Comptroller, and to this office for an opinion. The
communication requests that the Common Council "initiate whatever action is
required to have the City of Buffalo deed the property to the CAO."
The property in question is 154 Maple, which was deeded from the City of
Buffalo to Fruitbelt Redevelopment Incorporated under the Urban Homestead
Program on August 28, 1985, under the condition that Fruitbelt Redevelopment
construct and offer for sale a new house on the property within six months of
sale. Presumably, although Mr. Sconiers' letter does not explicitly so state,
the house was never built. Mr. Sconiers refers to the condition in the deed as
a "reverter clause revesting title." However, strictly speaking, it is not a
right of reverter, because that estate can only be created by using the words
"so long as" or "until" in the deed.
Rather, the deed to Fruitbelt Redevelopment in our opinion, created what
is known as a "Fee Simple Subject to Condition Subsequent." To simplify, the
difference between the two is that a Right of Reverter automatically revests
title in the Grantor if the condition is breached, whereas a Condition
Subsequent requires the Grantor to initiate litigation to regain title. The
practical import of all of this is that the City of Buffalo has nothing to
convey to the CAO at this time. Fruitbelt Redevelopment is still holder of
legal title.
The most practical course of action to follow is for the City to write to
Fruitbelt Redevelopment placing them on notice that they are in default of the
condition subsequent, enclosing a Quit Claim Deed from Fruitbelt Redevelopment
to the City of Buffalo, and requesting that the deed be executed and returned
to us for recording. Hopefully, Fruitbelt Redevelopment will comply, and
obviate the need for litigation. Once the City is revested in title, the usual
negotiated private sale process could be used to sell the property to CAO.
Upon direction from Your Honorable Body, this office will prepare such a letter
to Fruitbelt redevelopment.
REFERRED TO THE COMMITTEE ON FINANCE.
No.56
MID-BLAINE BLOCK CLUB
(Item No. 72, C.C.P., February 5, 1991)
The above-referenced communication has been referred to the Commissioner
of Parks, and to this office for an opinion. The communication from the
Mid-Blaine Club requests that the City accept responsibility for maintenance of
a vacant lot at 51 Oakgrove Street, and dedicate it as a city park.
The communication does not make clear who currently owns the property.
If it is not owned by the City, it could be acquired, pursuant to Sec. 511 of
the City Charter, provided that the Common Council, by a two-thirds vote of all
members elected thereto, found that it was necessary for a municipal or public
purpose. The resolution must also state the reason the acquisition is
necessary, the amount of funds required for purchase, a detailed description of
the property, and the name of the owner and any other persons holding a claim
to the property.
The City has the power, pursuant to Sec. 20(2) of the General City Law,
to dedicate land as park land. However, this should be done only after very
careful consideration of the City's need for the land as park land, and the
City's ability to maintain the land in perpetuity. This is especially true
because, once land is dedicated as park land, the general rule is that it
cannot be alienated except by Act of the State Legislature. (Williams v.
Gallatin, 229 NY 232; Stephenson v. County of Monroe, 43 AD2d 897; Village
Green Realty Corp. v Glen Cove Community Dev. Agency, 95 AD2d 259; 1979 Op.
Atty. Gen. 184; 12 Op. State Compt. 285; 19 Op. State Compt. 438.) A recent
decision of the Appellate Division, Fourth Department, Sierra Club v. Buffalo
Bd. of Education, 127 AD2d 1007, has held to the contrary. However, since this
decision conflicts with Court of Appeals decisions, it may be limited to its
facts, and the issue should not be considered settled. It would be prudent to
assume that in most instances, dedicated park land cannot be alienated except
by Act of the State Legislature. Therefore, the advice of the Commissioner of
Parks should be sought and carefully considered before any land is dedicated as
park land.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.57
A. Battaglia - Application to use 2532 Main St. for a multiple dwelling. (Item
No. 93, C.C.P., February 5, 1991)
Attached for your information is the Short I.A.F. for the matter
captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated February 14, 1991 be received and filed; and
1,A. BATTAGLIA - APPLICATION TO USE 2532 MAIN
That Item No. 93, C.C.P., February 5, 1991
ST. FOR A MULTIPLE DWELLING" 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.58
Norfolk & Southern Corp. - Application to erect a one-story masonry building
with accessory parking. (Item No. 94, C.C.P., February 5, 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 February 12, 1991 be received and filed; and
That Item No. 94, C.C.P., February 5, 1991, "NORFOLK & SOUTHERN CORP. -
APPLICATION TO ERECT A ONE-STORY MASONRY BUILDING WITH ACCESSORY PARKING" 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.59
Item #84 C.C.P. February 5, 1991
Reg. Purchase/Fin. Asst. 1495 Fillmore
Given Mr. Mele's request for the property and financial assistance
and the history of this property, believe it would be advisable if I were to
meet with Mr. Mele personally and other interested parties.
REFERRED TO THE COMMITTEE ON FINANCE.
No.60
1800 Clinton Street - Transfer from BURA to the City of Buffalo
Please be advised that on January 13, 1989, the City of Buffalo
Urban Renewal Agency acquired 1800 Clinton Street - Autumnwood Manor. Since
that time, various improvements have been made to the building transforming it
from a banquet facility to a senior citizens center which will be known as the
East Clinton Senior Center.
The building acquisition which included inventory and equipment, was
financed with $197,408.20 in Community Development Block Grant Funds and
building improvements, totalling $875,000.00, were financed with City Bond
Funds.
The East Clinton Senior Center is scheduled to open March 24, 1 991 under
the Mayor's Office for Senior Citizens. To allow for the operation and
maintenance of the building by the City of Buffalo, it is requested that your
Honorable Body pass a resolution approving said transfer of title to 1800
Clinton Street from BURA to the City of Buffalo.
MR. FAHEYmoved:
That the communication from the Commissioner of Community Development
dated February 11, 1991 be received and filed; and
That the Comptroller be, and he hereby is, authorized to accept a deed
from the Buffalo Urban Renewal Agency (BURA) transferring legal title of the
East Clinton Senior Citizen Center at 1800 Clinton Street from BURA to the City
of Buffalo.
PASSED.
AYES-12 NOES-0.
No.61
Change Order #1 - Electrical Construction
East Clinton Senior Center
I herewith submit to Your Honorable Body the following increase
in contract for electrical construction work at the East Clinton Senior Center
performed by Goodwin Electric, contract 191542900:
1. Furnish and install (1) additional "Exit" fixture with battery backup at
bottom of basement stair
ADD$ 350.00
2. Furnish and install (1) automatic fire alarm telephone dialer
ADD$ 983.00
3. Furnish and install (3) high hat incandescent lighting fixture, (2) 2'x2'
fluorescent fixtures and (2) 1 'x4' fluorescent fixtures.
ADD$1,315.00
4. Additional work for elevator code compliance:
- (2) 30 amp feeds
- (2) 30 amp fused switches
- (1) 100 amp fused switch
- GFI outlets, lights and switch gear in elevator pit
ADD$2,020.00
5. Relocate conduit and to allow for proper installation of kitchen exhaust
fans and ductwork.
ADD$ 507.00
6. Furnish and install (1) 7.5 Kw, 208 volt electric heater and fan in rear
storage room.
ADD$ 900.00
7. Install (2) additional electric power feeds; one for pool room fans and
another for hot water heater servicing rear bathrooms.
ADD$ 745.00
8. Furnish and install (2) 30 amp switches for water booster pump and hot
water recirculating pump.
ADD$ 185.00
TOTAL$77005.00
All of the preceding items were necessary to achieve code compliance and
or to properly finish the project. The related costs were reviewed by the
department of Community Development and the project architect, Donald E.
Brundage, and have been deemed to be fair and equitable. Funds for the work
are available in Community Development Bond Fund 11200-71 7-040.
A contract summary is a follows:
Original Contract Amount: $68,190.00
Amount this Change, C.O.#1: 7,005.00
Revised Contract Amount: $75,195.00
Therefore, in accordance with the changes described, I recommend that
Your Honorable Body authorize the Commissioner of Community Development to
issue a change order to Goodwin Electric as set forth above.
MR. FAHEY moved:
That the communication from the Department of Community Development,
dated February 14, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order #l to Goodwin Electric in the amount of
$7,005.00 for work under the contract relating to electrical construction work
at the East Clinton Senior Center with said cost to be charged against the
Community Development Bond Fund #200-717-040.
PASSED.
AYES-12 NOES-0.
No.62
Authorize Acceptance of New York State EQBA UCP Local Resource Project Grant
On July 20, 1990, the New York State Office of Parks, Recreation
ad Historic Preservation (PARKS) awarded the City of Buffalo a $125,000
Environmental Quality Bond Act (EQBA) Urban Cultural Park Local Resource
Project grant to implement the Theatre District portion of the "Buffalo Place
In Bloom Plan". The EQBA grant will be matched with $125,000 of public
improvements at Fountain Plaza. Matching funds are currently available in City
Bond Account 200-717-061 (Main Street R.O.W. Improvements/Fountain Plaza).
We request your Honorable Body approve an appropriate resolution authorizing
acceptance of this grant by the City, authorizing the Mayor to execute a
project agreement with PARKS, authorizing the Mayor to execute whatever
documents may be necessary for receipt of said grant, and instructing the City
Comptroller to establish a Trust and Agency account to account for the EQBA
grant.
Since EQBA grant funds will come to the City on a reimbursement basis after
work is completed, it is necessary that an interfund cash loan be set up for
the purpose of administering the grant. We, therefore, also request that your
Honorable Body instruct the City Comptroller to arrange the appropriate loan.
MR. FAHEY moved
WHEREAS, under Title 9 of the Environmental Quality Bond Act (EQBA) of
1986, funding is provided to New York State designated Urban Cultural Parks
(UCP) communities; and
WHEREAS, matching grants (up to 50% of the total project cost ) are
available for the development of UCP local resource projects; and
WHEREAS, the City of Buffalo, as part of its UCP management plan
identifies the Theatre District as the general location of the UCP; and
WHEREAS, the City of Buffalo was awarded $125,000 under the EQBA of 1986
for the implementation of the Theatre District portion of the "Buffalo Place In
Bloom" plan; and
WHEREAS, EQBA grant funds will come to the City on a reimbursement basis
and
WHEREAS, the $125,000 EQBA grant will be matched with $125 improvements
at Fountain Plaza from City Bond Account 200-717-061 (Main Street R.O.W.
Improvements/Fountain Plaza).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY Of Buffalo
that:
The Mayor be, and hereby is, authorized on behalf of the City of Buffalo to
accept the grant award tendered by the New York State Office of Parks
Recreation and Historic Preservation;
The Mayor is authorized to enter into all necessary agreements and contracts
to assure the prompt and expeditious implementation of said project; and
The Mayor is further authorized to execute such other actions as may be
necessary to effectuate the purpose of the grant, and this resolution
The City Comptroller of the City of Buffalo be directed to establish a Trust
and Agency Account, which shall be for the receipt of the EQBA grant funds from
the New York State Office of Parks, Recreation and Historic Preservation; and
The City Comptroller be directed to arrange an interfund cash loan for the
purpose of administering the aforementioned grants since said grant will be
received on a reimbursement basis.
PASSED.
AYES-12 NOES-0.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.63
Report of Emergency Demolitions within the City of Buffalo
Due to the very serious and hazardous condition of these properties,
inspections were conducted by this department and it was determined that
immediate action was necessary due to (l) the structural condition of the
building and/or (2) the resulting dangerous and hazardous condition which
exists at this location, i.e. in accordance with guidelines outlined in Chapter
113 of the Ordinance of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on January
25, 1991. The contracts were awarded to the following lowest bidders:
ADDRESS/OWNER CONTRACTOR/ DOLLAR AMOUNT OF BID
124 Edna Place Maplewood
City of Buffalo $88,560
99 Guilford Ridge Maintenance
City of Buffalo $2750.00
368 Northampton Maplewood
City of Buffalo $5780.00
52 Northland and Garage Maplewood
City of Buffalo $11,745
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to this Department's Capital Outlay Account #100-241-085-00-900.
MR.FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 7, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts are as follows:
PROPERTY AMOUNT CONTRACTOR
124 Edna Place $ 88,560.00 Maplewood
City of Buffalo
99 Guilford $2,750.00 Ridge
Maintenance
City of Buffalo
368 Northampton $5,780.00 Maplewood
City of Buffalo
52 Northland and Garage
City of Buffalo $11,745.00
Maplewood
and
That the same hereby are confirmed, ratified and approved, with said
costs to be charged against Capital Outlay Account #l00-241-085-00-900.
PASSED
AYES-12 NOES-0.
No.64
Report of Emergency Demolitions of Properties within the City of Buffalo.
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (l) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at the various locations, i.e. in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore
that offers to demolish were solicited on January 25, 1991 and that the
contracts will be awarded to the following responsible bidders:
ADDRESS/OWNER CONTRACTOR/DOLLAR AMOUNTOF BID
608 Adams & 217 Monroe F&R Advanced Tree and House
Gary Battaglia Demolition
346 Village Ct. Ft. Lee, N.J. $23,468.00
516 Carlton Advanced Tree and
House
Robert L. Coffey
Demolition
516 Carlton- Buffalo, N.Y. $4448.00
110 Dodge Advanced Tree and House Demolition
Perry F. Reynolds $3825.00
57 Church St. - Silver Springs, NY
153 Florida and Garage Ridge Maintenance
John and Beatrice Henley $4750.00
1559 Jefferson - Bflo, NY
1226 Genesee and Garage Maplewood
Curly and Carol Cothram Smith $9490.00
17 McNeeley Way - Buffalo, NY
256 Hickory Advanced Tree and House
Gradie Albert Demolition
256 Hickory, Buffalo, N.Y. $4240.00
190 Krettner Advanced Tree and House
Lena Merriweather Demolition
190 Krettner, Buffalo, N.Y. $7,950.00
70 May an Garage Advanced Tree and House
New Life Church C/O Sarah Bell Demolition
108 Wohlers, Buffalo, N.Y. $4,186.00
271 Mills Advanced Tree and House
Henry Hevner Demolition
271 Mills, Buffalo, N.Y. $4,098.00
396 Monroe Advanced Tree and House
Courtney and Cynthia Harris Demolition
113 Moselle - Buffalo,NY $6,716.00
269 Sherman F&R Maplewood
James and Vera Rogers $7,245.00
269 Sherman - Buffalo, NY
576 Spring Integrated
Joyce Williams $6,450.00
1202 Gladwick - Carson, Ca.
473 Sweet Integrated
TKB Holding Corp $7,541.00
69 Camner Blvd. - Lancaster, NY
1230 Sycamore and Garage Advanced Tree and House
Milford Scheeler Jr. Demolition
64 Hyland - Depew, NY $8,197.00
74 Welker Advanced Tree and
House
Linda Moss Demolition
255 Burgard $7,700.00
Buffalo,NY
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 7, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts are as follows:
PROPERTY AMOUNT CONTRACTOR
608 Adams & 217 Monroe $23,468.00 Advanced Tree & House
F& Demo.
Gary Battaglia
346 Village Ct.-Ft.Lee, New Jersey
516 Carlton $ 4,448.00 Advanced Tree & House
Robert L. Coffey Demo.
516 Carlton - Bflo,NY
110 Dodge $ 3,825.00 Advanced Tree & House
Perry F. Reynolds Demo.
57 Church St. - Silver Springs, NY
256 Hickory $ 4,240.00 Advanced Tree & House
Gradie Albert Demo.
256 Hickory - Bflo, NY
190 Krettner $ 7,950.00 Advanced Tree & House
Lena Merriweather Demo.
190 Krettner - Bflo, NY
70 May and Garage $ 4,186.00 Advanced Tree & House
New Life Church Demo.
c/o Sara Bell
108 Wohlers - Bflo, NY
271 Mills $ 4,098.00 Advanced Tree and House
Henry Hevner Demo.
271 Mills - Bflo, NY
396 Monroe $ 6,716.00 Advanced Tree and House
Courtney & Cynthia Demo.
Harris
113 Moselle- Bflo,NY
1230 Sycamore & Garage $ 8,197.00 Advanced Tree and House
Milford Scheeler, Jr Demo.
64 Hyland - Depew, NY
74 Welker $ 7,700.00 Advanced Tree and House
Linda Moss Demo.
255 Burgard
Buffalo, NY
153 Florida & Garage $ 4,750.00 Ridge Maintenance
John & Beatrice Henley
1559 Jefferson - Bflo, NY
1226 Genesee & Garage $ 9,490.00 Maplewood
Curly & Carol Cothram Smith
17 McNeeley Way
Buffalo, NY
269 Sherman F&R $ 7,245.00 Maplewood
James & Vera Rogers
269 Sherman, Bflo,NY
576 Spring $ 6,450.00 Integrated
Joyce Williams
1202 Gladwick, Carson, Ca.
473 Sweet $ 7,541.00 Integrated
TKB Holding Corp.
69 Camner Blvd., Lancaster,NY
and
That the same hereby are confirmed, ratified and approved, with said
costs to be charged against Special Assessment Fund #500-000-002-00000.
PASSED.
AYES-12 NOES-0.
No.65
Request Council Authorization to Submit 1991 Emergency Shelter Grant Program
Application
It is time to submit the annual request for Emergency Shelter
Grant (ESG) funds to the U.S. Department of Housing and Urban Development.
The Mayor, as the Chief Elected Local Official, must sign our funding request
and local legislative approval must be in place Prior to this event and the
subsequent submission of the application for available funds.
The City of Buffalo 1991 Emergency Shelter Grant Allocation is $398,000 and
1991 funding will be administered by the Buffalo Urban Renewal Agency.
To date funding totaling $1,042,000 has been provided to local service
providers as described on the attached summary.
I am available at 851-4913 should any further information be required.
REFERRED TO THE COMMITTEE ON FINANCE.
No.66
REFUND INSPECTION FEE
1190 E. LOVEJOY AVE.
This letter is in reference to a Certificate of Occupancy update
for the above mentioned property (four (4) dwellings and a store). A fee of
forty-five dollars ($45.00) was paid by Theilman & Theilman Attorneys (letter
attached). Upon inspection of 1190 E. Lovejoy it was found to be reduced to
Three (3) dwellings and a store (enlarging store area).
The owner made application with plans to reduce - permit 38607 dated
December 17, 1490 was obtained for which a fee of Seventy dollars ($70.00) was
paid. Per permit (attached) and a final inspection a Certificate of Occupancy
was issued.
In question is the forty-five dollars ($45.00) paid for the Certificate
of Occupancy able to be reimbursed ? (Letter attached from owner)
Any additional questions, please contact me.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No.67
Item 8214, C.C.P. 1/22191, Proposed Ordinance Amendment, New Section 11 of
Chapter 281 - Low Income Housing
My position on this proposed ordinance amendment has not changed
since my communication to the Council on December 21, 1990, regarding this
matter, Item #228, C.C.P. 12/11190.
while the latest proposal deletes any new construction project which
receives payments, loans or grants pursuant to article nineteen of the New York
State Private Housing Law; it still leaves the door open to any project which
qualifies under article eighteen.
While incentives may be needed to secure funding for low income housing
developments, twelve years of full property tax exemption seems excessive.
Unless there is a specific or mandated requirement that the City of
Buffalo adopt an ordinance as proposed, in order to receive low income housing
assistance, the Dept. of Inspections and Community Revitalization cannot
support this proposed ordinance amendment.
Projects can be designed for low income housing that provide affordable
rents or homeownership opportunities without granting full property tax
exemption for an extended period of time.
While it is important to provide safe, quality low income housing
opportunities, it is also imperative that the property tax burden of all
property owners be considered.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.68
SCHEDULE OF MAYOR'S HEARINGS ON 1991-92 BUDGET
Enclose herein please find the schedule of the Mayor's budget
hearirgs for 1991-92.
RECEIVED AND FILED.
No.69
197 CCP February 5, 1991
Report - International Chiefs of Police
This is in response to the above-referenced resolution in which
you direct this Department to call a meeting of the International Association
of Chiefs of Police (IACP) in order that they brief the Common Council on their
recommendations relative to the Police Department.
In light of the above, the following needs to be pointed out:
1) At the time the IACP Study commenced, this Department requested an
opportunity to meet with Your Honorable Body in order to allow the IACP to
explain to you their purpose and to allow you the opportunity to offer to the
IACP your opinions and input. This meeting was held on July 16, 1990 and as a
result of that meeting, information requested by Your Honorable Body was
subsequently provided to you.
2) Pursuant to the IACP's request, a meeting was scheduled with the
Common Council for September 27 in order to discuss community relations as well
as those issues which individual Council members deemed important. One Common
Council member attended this meeting.
3) In light of the fact that one Common Council member attended the
above-referenced meeting, this Department requested that a second meeting be
scheduled in order that the IACP could discuss with Council members community
relations as well as other issues of importance. The Common Council did not
respond to this Department's request and as a result, the meeting was not held.
Scheduling a meeting at this point in time would serve no useful purpose,
particularly in light of the fact that the IACP's final report of findings and
recommendations is scheduled for release later this month. It is the intention
of this office to provide you with a copy of these final findings and
recommendations and if you so desire, we will arrange for the IACP to explain
their report to you, at an additional expense to this office.
As can be seen from the above, it is the desire of this Department to
work cooperatively with the Common Council in an effort to provide to the
citizens of the City of Buffalo the most efficient, cost effective police
services possible.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.70
Common Council resolutions #224 C.C.P., 1/22/91 and #199 C.C.P., 2/5/91
regarding the expansion of recreational programs.
Currently the Division For Youth operates 21 Lighted Schoolhouse
programs which serve an estimated 40,000 youth from the ages of 8 to 15 as well
as operating 4 youth athletic centers located at 346 Austin St., 409 Jefferson,
118 East Utica and 2219 South Park Ave. These centers are open 5 days a week
and will remain open until the end of the school yearn serving youth through
the age of 20, offering structured programs. This is in addition to the Annual
powerlifting and Physique Contest held in conjunction with the Buffalo Police
Department and the Al Pastor Memorial Basketball Tournament which has grown
into a premier event.
During the summer months the Division For Youth, in conjunction with the
Buffalo Bisons, runs the "Rookie League which offers instructions in baseball -
and the Division also runs 3 Lighted Schoolhouse programs.
To expand the operation of the 4 youth athletic centers operated by the
Division For Youth for a 10 week summer program would cost approximately
$50,000. This would cover the cost of personnel and supplies based on current
operations. Hours of operation would be Monday through Friday - 2:00 PM. -
10:00 PM.
This is in response to a resolution passed by the Buf falc Youth Board on
Thursday, February 7, 1991 that operation of youth centers should not extend
past 10:00 PM.
If the operation of these 4 sites were to function on a year round basis, it
would necessitate the hiring of full-time employees instead of our current
part-time employees and further increase the cost of operation.
Meetings were held with the Youth Board, Department of Human Resources, and
Department of Parks where various ideas were discussed. It must be noted that
the Division For Youth services all city youth through the age of 20 under
State mandate while the Division of Recreation services all age groups.
Further, there must be a separation of age groups at these sites to avoid
potential problems.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.71
COMMITTEE FOR YOUTH
OPPOSES EXTENDING CENTER HOURS
Enclosed is an original and three copies of a Resolution passed
by the Committee For Youth at a meeting held on Thursday, February 7, 1991.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.72
STATUS CITIZENSFUNDING REVIEW COMMITTEE
The Citizens Funding Review Committee for Civic Organizations
at its meeting of February 15, 1991 determined that there are insufficient
members to permit it to go forward.
Without even a quorum, we are unable to function.
Therefore, the Committee process is hereby adjourned indefinitely.
RECEIVED AND FILED.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No.73
Waterfront Redevelopment Project Area "A" Gull Landing Easement for Boat Slips
at Erie Basin Marina
The City of Buffalo Urban Renewal Agency designated Gull Landing
Joint Venture as Redeveloper for the construction of up to thirty-six (36) boat
slips in the Erie Basin Marina for residents of the Gull Landing project.
The Urban Renewal Plan for Waterfront Redevelopment Project NYR-35
includes certain waters adjacent to Parcels 7 and 9 which were subsequently
conveyed to Gull Landing Joint Venture. However, Map Cover 2432 which has been
filed in the Erie County Clerk's Office only depicts the uplands of Area "A".
Therefore, the land under the water required for boat docks remains in title to
the City of Buffalo.
We, therefore, respectfully request that the Common Council approve the
granting of a nonexclusive assignable easement from the City of Buffalo to the
Buffalo Urban Renewal Agency for construction of boat docks, subject to
riparian rights of owners of the uplands bordering on the premises and to
rights of the public to use the waters of Erie Basin.
Forwarded herewith is a Resolution approving the aforesaid non-exclusive
assignable easement.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.74
Oak Street Redevelopment Project NYR-197
Disposition Parcel UB - N/w/C-E. North-& Ellioott Streets
Approval of L.D A. Frank Ciminelli & Dr. Edward Simmons
The City of Buffalo Urban Renewal Agency duly designated Frank
Ciminelli and Dr. Edward Simmons and/or a joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE CITY CLERK
No.75
MAYOR REPORTED OUT OF STATE
ENCLOSED HEREWITH IS A LETTER FROM THE OFFICE OF THE NON. JAMES
D. GRIFFIN, MAYOR, REPORTING HIS ABSENCE FROM THE STATE FROM TUESDAY, FEBRUARY
12, 1991, UNTIL WEDNESDAY, FEBRUARY 20, 1991.
RECEIVED AND FILED.
No.76
AUTOMOBILE TRANSPORTATION ALLOWANCES
THE FOLLOWING DEPARTMENTS HAVE FILED THE REQUIRED COPIES OF CERTIFICATES
RELATIVE TO THE GRANTING OF AUTOMOBILE TRANSPORTATION ALLOWANCES
FOR EMPLOYEES IN THEIR RESPECTIVE DEPARTMENTS:
ASSESSMENT-CARL NASCA
RECEIVED AND FILED.
No.77
LIQUOR LICENSE APPLICATIONS
ATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR LIQUOR
LICENSES FROM THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD.
ADDRESS BUSINESS NAME OWNER'S NAME
965 KENSINGTON RENAISSANCE REST. JAY McDUFFIE
158 READING QUEEN CITY BEER DANIEL SMITH
S. PARK GOLF COURSE CONCESSION KENNETH VAUGHN
1110 ELMWOOD 3057 MAIN ST. INC. EUGENE GRASSO
RECEIVED AND FILED.
No.78
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:
PUBLIC WORKS-DANIEL KRENZ
POLICE-RICHARD BONAREK
FIRE-CHERYL KANE
CORPORATION COUNSEL-JAMES QUINLIVAN
ADMINISTRATION AND FINANCE-MARIA TORRES
HUMAN RESOURCES-ANTHONY SAN GIACOMO
CIVIL SERVICE COMMISSION-GREGORY DANIEL, M.D.
RECEIVED AND FILED.
No.79
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 STADIUM AND AUDITORIUM
CITY PLANNING BOARD
MUNICIPAL HOUSING AUTHORITY
YOUTH BOARD
RECEIVED AND FILED.
No.80
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I TRANSMIT HEREWITH APPOINTMENTS TO THE POSITION OF COUNCIL INTERN.
MR. FAHEY MOVED APPROVAL OF APPOINTMENTS TO THE POSITION OF COUNCIL INTERN.
ADOPTED.
APPOINTMENT TO BECOME EFFECTIVE 2/6/91 IN THE DEPARTMENT OF COMMON COUNCIL,
LOUISE K. PORTER, 138 ELMER AVE., BUFFALO, N.Y. 14215, TO THE POSITION OF
INTERN II, NONCOMPETITIVE, AT THE STARTING SALARY OF $4.00/HR.
APPOINTMENT TO BECOME EFFECTIVE 2/11/91 IN THE DEPARTMENT OF COMMON COUNCIL,
MICHAEL HUGHES, 30 WHITFIELD, BUFFALO, N.Y. 14220, TO THE POSITION OF INTERN
III, NONCOMPETITIVE AT THE STARTING SALARY OF $5.00/HR.
No.81
NOTICES OF APPOINTIIENTS
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING APPOINTMENTS
MADE IN VARIOUS DEPARTMENTS. (MINIMUM, FLAT RATE, HOURLY, ETC.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
APPOINTMENT TO BECOME EFFECTIVE 2/6/91 IN THE DEPARTMENT OF STADIUM AND
AUDITORIUM, DIVISION OF MEMORIAL AUDITORIUM, DONALD M. RODRIGUEZ, 53 GOOD AVE.,
BUFFALO, N.Y. 14220, TO THE POSITION OF LABORER I, SEASONAL, AT THE STARTING
SALARY OF %5.98/HR.
FROM THE DEPARTMENT OF ASSESSMENT
APPOINTMENT TO BECOME EFFECTIVE 2/4/91,IN THE DEPARTMENT OF ASSESSMENT, TO THE
POSITION OF CLERK, SEASONAL, AT THE STARTING SALARY OF $5,00/HR.
Florence R. Alessi '791 Busti Avenue Buffalo, New York 14213
Leroy Moses 67 Beiter Walk Buffalo, New York 14215
Patricia Scarpello 104 Harding Road Buffalo, New York 14220
APPOINTMENT TO BECOME EFFECTIVE 2/6/91 IN THE DEPARTMENT OF ASSESSMENT, JUANITA
ADAMS 651 ELM ST., BUFFALO, N.Y. 14213, TO THE POSITION OF CLERK, SEASONAL, AT
THE STARTING SALARY OF $5.00/HR.
APPOINTMENT TO BECOME EFFECTIVE 2/5/91 IN THE DEPARTMENT OF ASSESSMENT, SUSAN
E. HART 100 TUSCARORA RD., BUFFALO, N.Y. 14220, TO THE POSITION OF ACCOUNT
CLERK, PERMANENT, AT THE STARTING SALARY OF $18,425.
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF ASSESSMENT, MARTIN
F. KENNEDY 124 TUSCARORA RD., BUFFALO, N.Y. 14220, TO THE POSITION OF ASSESSOR,
PERMANENT, AT THE STARTING SALARY OF $28,735.
FROM THE DEPARTMENT OF PUBLIC WORKS
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THEW DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, TO THE POSITION OF CLERK, SEASONAL, AT THE STARTING SALARY
OF $5.00/HR.
MARCIA A. COOPER 377 HIGH ST., BUFFALO, N.Y. 14204
MARY F. FAY 11 PAWNEE PKWY, BUFFALO, N.Y. 14210
ANN FINGER 336 EDEN ST. ,BUFFALO, N./Y. 14220
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, TO THE POSITION OF ACCOUNT CLERK, SEASONAL, AT THE STARTING
SALARY OF $5.25/HR.
LUCY CELANO 225 LOVERING AVE., BUFFALO, N.Y. 14220
GERALDINE SERWON 97 DOMEDIAN, BUFFALO, N.Y. 14211
APPOINTMENT TO BECOME EFFECTIVE 2/11/91 IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, TO THE POSITION OF ACCOUNT CLERK, SEASONAL, AT THE STARTING
SALARY OF $5.25/HR.
IRENE LYSARZ 25 PETER ST. BUFFALO, N.Y. 14207
SARAH MISURACA 515 PLYMOUTH , BUFFALO, N.Y. 14213
APPOINTMENT TO BECOME EFFECTIVE 1/31/91 IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER, JOSEPH S. BONGIOVANNI 221 LOVERING AVE., BUFFALO, N.Y.
14216, TO THE POSITION OF WATER SERVICE WORKER, SEASONAL, AT THE STARTING
SALARY OF $6.02/HR.
APPOINTMENT TO BECOME EFFECTIVE 1/31/91IN THE DEPARTMENT OF PUBLIC WORKS,
DIVISION OF WATER,JOSEPH C. DENECKE 52 GIBSON ST., BUFFALO, N.Y. 14212, TO THE
POSITION OF WATER SERVICE WORKER, TEMPORARY, AT THE STARTING SALARY OF $19,100.
FROM THE DEPARTMENT OF PARKS
APPOINTMENT TO BECOME EFFECTIVE 2/6/91 IN THE DEPARTMENT OF PARKS, DANIEL SMITH
262 IDEAL ST., BUFFALO, N.Y. 14206, TO THE POSITION OF SWIMMING POOL ATTENDANT,
AT THE STARTING SALARY OF $4.28/HR.
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF PARKS, DANIEL
GRIFFIN 24 ROBINS, BUFFALO, N.Y. 14220, TO THE POSITION OF LIFEGUARD, SEASONAL,
AT THE STARTING SALARY OF $4.33/HR.
APPOINTMENT TO BECOME EFFECTIVE 2/7/91 IN THE DEPARTMENT OF PARKS, TO THE
POSITION OF RINK ATTENDANT, SEASONAL, AT THE STARTING SALARY OF $4.33/HR.
JOHN LYONS 299 WRIGHT, BUFFALO, N.Y. 14215
DALE MARRS 199 HOYT, BUFFALO, N.Y. 14213
FROM THE DEPARTMENT OF FIRE
APPOINTMENT TO BECOME EFFECTIVE 2/18/91 IN THE DEPARTMENT OF FIRE, THOMAS
FEENEY 174 ALABAMA, BUFFALO, N.Y. 14204, TO THE POSITION OF LABORER I,
PERMANENT, AT THE STARTING SALARY OF $7.87/HR.
FROM THE DEPARTMENT OF STREET SANITATION
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF STREET SANITATION,
TO THE POSITION OF LABORER II, SEASONAL, AT THE STARTING SALARY OF $6.65/HR.
PATRICK DESMOND 161 MARINE DR. BUFFALO, N.Y. 14202
DAVID C. RYAN 25 COOLIDGE RD. BUFFALO, N.Y. 14220
APPOINTMENT TO BE COME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF STREET SANITATION,
DAVID P. LaVANGO 163 FARGO AVE., BUFFALO, NY 14201 TO THE POSITION OF LABORER
II, TEMPORARY AT THE STARTING SALARY OF $71.97 PER DAY
.APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF STREET
SANITATION, TIMOTHY R. REID, 30 MUMFORD ST., BUFFALO, NY 14220 TO THE POSITION
OF LABORER II TEMPORARY AT THE STARTING SALARY OF $71.97 PER DAY
APPOINTMENT TO BECOME EFFECTIVE 2/4/91 IN THE DEPARTMENT OF STREET SANITATION,
GARY E. HIGGINS, 36 LYMAN ST., BUFFALO, NY 14206 TO THE POSITION OF
TRUCKDRIVER, PROVISIONAL AT THE STARTING SALARY OF $19,419
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
APPOINTMENT TO BECOME EFFECTIVE 2/11/91 IN THE DEPARTMENT OF ADMINISTRATION AND
FINANCE, DIVISION OF PARKING ENFORCEMENT, KENNETH J. RUCINSKI, 115 DEMPSTER
ST., BUFFALO, NY 14206 TO THE POSITION OF PARKING ENFORCEMENT OFFICER,
PERMANENT AT THE STARTING SALARY OF $17,635
FROM THE DEPARTMENT OF HUMAN RESOURCES
APPOINTMENT TO BECOME EFFECTIVE 1/31/91 IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION FOR YOUTH JUANITA D. HAMMONDS, 96 WOHLERS AVE., BUFFALO, NY 14208, TO
THE POSITION OF ATTENDANT, TEMPORARY AT THE STARTING SALARY OF $.4.00 PER HOUR.
APPOINTMENT TO BECOME EFFECTIVE 2/11/91 IN THE DEPARTMENT OF HUMAN RESOURCES,
DIVISION FOR YOUTH, FRANK RODRIGUES, 204 W. TUPPER ST., BUFFALO, NY 14201, TO
THE POSITION OF LIFEGUARD, TEMPORARY AT THE STARTING SALARY OF $4.33 PER HOUR.
FROM THE DEPARTMENT OF GENERAL SERVICES
APPOINTMENT TO BECOME EFFECTIVE 2/2/91 IN THE DEPARTMENT OF GENERAL SERVICES,
DIVISION OF INVENTORY AND STORES, MICHAEL A. MCCOOL, 4 SIDWAY ST., BUFFALO, NY
14210 TO THE POSITION OF LABORER II, SEASONAL AT THE STARTING SALARY OF $6.65
PER HOUR.
APPOINTMENT TO BECOME EFFECTIVE 2/11/91 IN THE DEPARTMENT OF GENERAL SERVICES,
DIVISION OF INVENTORY AND STORES, ARTHUR S. FORMAN, 1511 BROADWAY, BUFFALO, NY
14212 TO THE POSITION TO LABORER II, SEASONAL AT THE STARTING SALARY OF $6.65
PER HOUR.
NONOFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NONOFFICIAL COMMUNICATIONS
No. 82
BLIND ASSOCIATION
PERMISSION TO HANG BANNER -DELAWARE AND NORTH
I am writing to request permission to hang a banner across Delaware
Avenue and North Streets from July 1, 1991 (or soon thereafter) until August 5,
1991 for the "RIDE IN PLAIN SIGHT" Bicycle Tour to benefit the Blind
Association of Western New York.
We fully understand the restrictions involved in hanging such a banner and will
make every attempt to follow the rules accordingly.
The Art Department at the University of Buffalo is taking this on as a class
project, so they will be designing and making the banner. The copy on the
banner will read:
"Join the fun on Sunday, August 4 for the Ride In Plain sight Bicycle Tour!
15 or 25-miles. For information call 882-1025."
I would like to request information on who hangs these banners and the costs
involved.
I appreciate the Common Council's time, consideration and support of this
project. The event is our largest fund-raiser and the more publicity we can
get the more services we ore able to provide.
MR. FAHEY moved:
That the communication from the Blind Association of western New York be
received and filed; and
That the Blind Association of Western New York be and it hereby is
authorized to hang a banner across Delaware Avenue and North Street from July l
to August 5, 1991 advertising the "RIDE IN PLAIN SIGHT" Bicycle Tour to benefit
the Blind Association of Western New York.
PASSED.
AYES 12 NOES-0
No. 83
THE BUFFALO ENTERPRlSE DEVELOPMENT CORPORATION
Abandonment & Sale of a Portion of Columbia Street
In order to assist a private developer, Buffalo City Center Joint
Venture, in demolishing and redeveloping an adjacent 3.3 acre site of vacant
high rise warehouses, I am requesting that the Common Council abandon for
public use that portion of Columbia Street lying north of Perry Street and
south of Scott Street and convey such right-of-way to The Buffalo Enterprise
Development Corporation for a price of $10,344. The Joint Venture is headed by
Charles Pecorella, President of Allied Frozen Storage, and includes Carl
Flontante of Uniland, and Savino Nanula.
The subject street right-of-way is 50 feet wide by 431 feet long (21,550
sq. ft.), or less than one-half acre. The subject street is semi-paved with a
railroad track running up the easterly side. It was closed to through traffic
when Perry Street was upgraded.
Originally the street was scheduled for upgrading as part of the Marine
Bank back office public works package. An engineering review discovered that
the street right-of-way is laced with private tunnels connecting to an 11 story
former refrigerated warehouse now to be demolished. Some of the tunnels run
underneath the railroad track. Due to cost and liability questions, the plan
to upgrade Columbia Street was abandoned by the Public Works Department.
BEDC proposes to resell the street right-of-way to the two existing
property owners with land fronting on Columbia Street, at a price equal to that
to be paid to the City (the price equates to $21,000/acre).
The Joint Venture controls all the street frontage on the east side of
Columbia Street and 231 feet of frontage on the west side at the southerly end.
The second property owner has a parcel with 230 feet of frontage on the west
side of Columbia Street at the northerly end (such parcel has primary access to
Scott Street). The owner of this parcel would be given the right of first
refusal to purchase up to the centerline of the street or a sub-parcel of 230'
x 25' or 5,750 sq. ft. at a price of $2,760. The Joint Venture would purchase
the remaining 15,800 sq. ft. for a price of $7,584.
The Joint Venture is willing to remove the railroad tracks and fill in the
underground tunnels at its cost as a condition of resale. The demolition of
the high rise warehouses is conditional on obtaining control of the street
right-of-way since the tunnels run parallel to the building foundations and
demolition activity may undermine the present street unless it is made part of
the project.
The Joint Venture is proposing to install a 300 space surface parking lot
in the short term, and has indicated a strong interest in constructing an
office building on their site when the downtown market picks up.
Pursuant to Sec. 1411(d) of the Not-For-Profit Corporation Law, the City
is authorized to convey real property to a local development corporation
without appraisal or public bidding, after determination that the subject
property is not required for public use.
The abandonment and sale of this street right-of-way will foster the
removal of significant blight in the Lower Main Street area and contribute to
the redevelopment and conversion of this area from an industrial to an office
district.
The developers are available to discuss their redevelopment plans and
their need for the property at you convenience.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 84
DEVELOPMENT DOWNTOWN, INC.
Notice of Default - Stadium Naming Rights
I have reviewed the Notice of Default issued by the Law Department
to Pilot Air Freight Corporation, I note that the Corporation has 30 days to
cure the default under the notice.
In the event such default is not cured, I would recommend that the Law
Department review the Agreement as to the re-bid provisions and that the
Council review the problems in switching over the name on stationery,
advertisements, printed schedules, and the like for the stadium which are
already in use for next season.
REFERRED TO THE COMMITTEE ON FINANCE
No. 85
GAYNOR ASSOCIATES
Permission to Install Monitoring Wells City of Buffalo Property at 523 Broadway
Avenue Buffalo, New York
We are performing a groundwater investigation for Mobil Oil Corporation
who owns an abandoned service station at the corner of BroadwayAvenue and
Jefferson Street in the City of Buffalo. The service station is next to 523
Broadway Avenue which is owned by the City of Buffalo. As part of the
investigation, we would like to install two monitoring wells on the City of
Buffalo property at 523 Broadway. The wells will be 13 feet deep and will be
constructed of 2-inch diameter PVC pipe. The wells will be constructed so that
they are flush with the ground surface, with a locking cap, and a curb box
installed over the top of the PVC pipe to protect the well from vandalism. The
proposed locations of the wells are 15 feet south of the north property line
and 50 and 90 feet east of Jefferson Street. A drawing showing the proposed
locations is attached.
The work we will be performing has been requested by the New York State
Department of Environmental Conversation. A copy of the letter from the NYSDEC
to Mobil Oil Corporation requesting further work on the Mobil property is
attached. In order to comply with their request, the wells on the City of
Buffalo property need to be installed.
A release form from Mobil Oil Corporation for performing this work is attached.
We would like to install the wells as soon as possible so would appreciate your
expeditious review of this request. If you have any questions about this
letter, please do not hesitate to contact the undersigned at 607-836-4400, or
T. J. Farrell of Mobil Oil Corporation at 716-328-9554.
REFERRED TO THE COMMITTEE ON LEGISLATION AND ENVIRONMENTAL MANAGEMENT
COMMISSION
No. 86
US. Department of Housing and Urban Development
STATUS OF BERGER'S FLOAT LOAN &
UDAG REPAYMENTS
am responding to your Jan. 23, 1991 letter to Mr. Joseph Lynch, Buffalo HOP
Manager, which inquired about "the status of Berger's UDAG and Float Loan
repayments . . .". That letter was addressed and sent to 107 Delaware Ave.,
(the Statler Building). In February, 1989, we relocated from that building to
our present Main St. address, as listed above. Since we did not receive your
request until Thursday, Jan. 31, we were unable to meet your response date.
In September, 1989, HOP approved a $1 million ODAG Grant to Buffalo for
the redevelopment of Berger's downtown property. Although several contract
provisions have not yet been finalized, the grant remains active. To date, no
funds have been drawn.
HUD is continuing to work with staff of Buffalo's Department of Community
Development as they attempt to finalize the grant provisions.
Specific details regarding that Department's progress should be available
from Commissioner Lawrence Rubin and Community Development staff.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 87
ERIC LUBSTORF
REQUEST EXPLANATION ON OPPOSITION TO CURFEW LAW
I read in the Buffalo News, of your sudden refusal to support
a curfew law for juveniles in Buffalo. I have some questions I would like
answered.
l. Since blacks work in all areas of law-enforcement in Buffalo, from the
police to courts, I would like to know why you feel this law would not be
fairly enforced?
2. Would you give me an example of a legitimate reason why a 13 or
16-year-old youth would or should be allowed on the street unsupervised by an
adult, at say, 4 am.?
3. If a curfew law is not acceptable to you, how do you propose to deal with
the large roving street-gangs that have taken over Bailey Avenue at night for
the past three years?
4. What will you personally do to encourage irresponsible parents, to be
more responsible for their children's behavior?
5. You said that the Police Department, "Know who the bad kids are. ' Would
you please list in alphabetical order, the names of the, "Few bad kids."
I look forward to seeing your answers. Thank you.
RECEIVED AND FILED
No. 88
NIAGARA MOHAWK POWER CORPORATlON/.'
KEEP COLLECTIONS OFFICE LOCAL
I offer the following comments in response to the letter of Alfred
T. Coppola, Chairman of the Committee on Legislation, dated February 5, 1991
concerning the above resolution.
As part of an ongoing self-assessment project which Niagara Mohawk agreed
to with the New York State Public Service Commission, Niagara Mohawk is
creating an internal collection department to replace, in part, the use of
outside collection agencies for the recovery of outstanding accounts
receivable. The establishment of this department will result in the creation
of additional positions within the Brotherhood. Various locations were
considered within our franchise territory, including Buffalo. A decision has
been made to centralize this function in Syracuse, the site of our Corporate
headquarters.
While this consolidation will mean the transfer of a few clerical
responsibilities from our local office to Syracuse, the creation of other
position within the organization to be located in Buffalo should result in a
minimal impact to our local work force, or possibly a modest increase.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 89
PAUL RIESTER
Favor Increase in Fees charged to nonresidents at Marina, Golf Courses, etc
HE RECENT INCREASES PROPOSED BY THE ERIE BASIN MARINA NEGOTIATING
COMMITTEE DISTURB ME AS A SLIP RENTER AND RESIDENT OF THE CITY. A 10%
DIFFERENTIAL BETWEEN CITY RESIDENTS AND NON CITY TENANTS IS OUT OF DATE AND
UNFAIR, CONSIDERING SUBURBAN POLICIES THAT DENY ACCESS OR WHOSE FEES RANGE WELL
ABOVE 30~o DIFFERENTIAL.
THE INCREASES PROPOSED SHOULD REFLECT THIS DISPARITY AND PROPERLY PLACE THE
INCREASED BURDEN ON THOSE WHO FOR YEARS HAVE GOTTEN A FREE LUNCH ON THE
TAXPAYERS OF THE CITY. FUTURE INCREASES SHOULD THEN REPRESENT EQUALLY A FAIR
30% DIFFERENTIAL THAT WOULD ESTABLISH A BASE FOR OTHER CITY SERVICES THAT ALSO
ARE OUT OF DATE AND UNFAIR.
CONSIDER THESE FIGURES: CITY RES. NON RESIDENT
20'FT ERIE BASIN MARINA $405. $445.
30'FT ERIE BASIN MARINA $583. $648.
40'FT ERIE BASIN MARINA $778. $858.
LAFAYETTE PARK ICE RINK $2. $2.
CITY GOLF COURSE $5. $8.
CITY GOLF ANNUAL PERMIT $100. $150.
TONAWANDA AQUATIC CENTER CHILD $50. 70.
ADULT
$150. $275
FAMILY
$225. 350.
DAILY
-YOUTH
$1. 1.95
DAILY
-ADULT
$3. 5.95
DAILY
-FAMILY
$7. $12.95
CLEARLY, CITY RATES ARE 10% AT THE MARINA, 0%-50% AT THE GOLFCOURSES AND ICE
RINKS IN THE CITY, AND 30%-95% IN TONAWANDAS NEW POOL AND FITNESS CENTER. MOST
SUBURBAN FACILITIES ARE CLOSED TO NON RESIDENTS.
I AM UNABLE TO ATTEND THE HEARING DUE TO BUSINESS OUT OF TOWN BUT HOPE THAT YOU
CAN CHAMPION THIS CAUSE ON BEHALF OF THOSE CITY RESIDENT THAT ARE BEING TREATED
UNFAIRLY. THESE MARINA RATES SHOULD REFLECT A 30% DIFFERENTIAL TO RESIDENTS
ADVANTAGE, AND STRICT RESIDENT CHECK.
REFERRED TO THE MARINA LEASE COMMITTEE AND THE CORPORATION COUNSEL.
No. 90
KENNETH SHERMAN
REQUEST FOR PUBLIC ACCESS POLICY BOARD RECORDS
The following is a Freedom of Information Request for documentation
that exists which may both demonstrate that the council appointed Policy
Advisory Board may have violated the open meetings law and conflict of interest
guidelines in gaining a fair bearing for Buffalo citizens television (BCTV)
proposal.
The following documentation is requested for pickup at your office by 10
I, Tuesday, February 5th, 1991.
1. The minutes of all Policy Board meeting since April 1st, 1990.
2. The minutes of the executive session of the Policy Board meeting
held on January 10th, 1991.
3. The date of appointments of all present Policy Board Members.
4. The author or authors of the Cable 'TV Committee approved RFP put
to legal notice.
5. The legal opinions filed regarding any conflict of interest that
Policy Board members Brian springer, or Mike McKeating may have or not have in
participating or evaluating an RFP.
6. The minutes of the cable TV committee held on January 28, the names
of committee members, and the committee members present to constitute a quorum.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL
No91
KENNETH SHERMAN
RECONSIDER AWARD TO BCT FOR PUBLIC ACCESS
An injustice will be done unless you referred back to the special
Committee on Cable TV, the recommendation that BCT be granted the contract. On
January 31, we filed a Freedom of Information (FOI) request with committee
chairman David Rutecki, and on February 4, we filed a FOI request with
Corporation counsel Samuel Houston. The partial information we have received
to date, or have witnessed confirmed the following:
) 'THE JANUARY 10th POLICY BOARD MEETING WAS CONDUCTED IN VIOLATION OF THE
OPEN MEETINGS LAW.
On January 10th, the Policy Board had under discussion an evaluation of two
competing proposals for a recommendation to the Common Council when they
conducted an executive session. Attached as Exhibit l is Article 7 of the Open
Meetings which describes issues subject to executive session. The issue of a
"recommendation" to the city council is not one such issue. Therefore, the
resultant business and vote of that meeting is void, and subjects the city to
potential legal damages. It was Mike McKeating's ruling that because a "city
contract" was under discussion an executive session could be held. The BCTV
Board present for that meeting then were excluded from my opportunity to rebut
or challenge all issues discussed in secret session.
In addition, please note that the undated notice filed with the council by Jay
Burney, chairman, Exhibit 2, did not contain either minutes of the meeting or
of the executive session explaining the vote. Is it not ironic, that the very
Hoard which designed "first amendment rights" into their RFP violated it
themselves.
2)HALLWALLS STAFF, BRIAN SPRINGER, PARTICIPATED AS A POLICY BOARD ~MEMBER
AT TWO MEETING IN THE CROSS EXAMINATION AND EVALUATION OF OUR BCTV PROPOSAL
WITHOUT HE OR THE POLICY BOARD DECLARING HIS CONFLICT OF INTEREST.
Note for the public record, -Exhibit 3, which demonstrates that Hallwalls
staff, Brian springer, a Policy Board member, identifies himself in the BCT
proposal - fully supportive of the organizations activities. Not only did he in
the last month participate in all Policy Board discussions, cross examinations,
and voted for the executive sessions, but he did so without personally, or
having the chair note to those present that his participation constituted a
conflict of interest. More damaging than that, Mr. Springer sought appointment
to the Policy Board this pat summer to steer his own RFP language in the public
record and typed it for submission to the Council while organizing the BCT
proposal.
The Citizens Alliance Executive Committee wants to thank you for your
attention to this matter. We ask for justice. JUSTICE DEMANDS THAT THE BCT
DESIGNATION BE REFERRED BACK TO THE SPECIAL COMMITTEE FOR CABLE TV HEARING ON
THE MATTER.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL
No. 92
U.S. COAST GUARD
REQUIREMENT FOR LICENSING OPERATORS OF FIRE BOAT
Your request regarding licensing needs was passed to my office
by the Coast Guard Marine Safety Office in Toledo, OH.. The bulk of the
determinations concerning manning of vessels in the Buffalo area are handled by
office.
After reviewing the law in Title 4 United States Code 8301 and looking at 46
Code of Federal Regulations 15.601 concerning the :manning of vessels-I have
determined that your Fire Boat is not required to have a Pilot or any other
licensed person on Board.
This does not preclude you from setting your own standards. Having a competent
licensed person on board as master of the Fire boat should enhance the safety
of the vessels operation. If the vessel was inspected by the USCG, we would
require a license as Master, 200 Gross Tons upon the Great Lakes. Any license
senior to this would also qualify for operating an inspected vessel of this
type. Enclosure (1) will give you an approximate list of these licenses. Those
licenses outlined in yellow would be the ones we would consider equivalent.
I hope I have answered your questions. If I can be of any further assistance
please do not hesitate to contact my office.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.93
DEPARTMENT OF THE ARMY
REQUEST TEMPORARY ROW - REPAIRS TO LOCK WALLS
The Buffalo District Office of the U.S. Army Corps of Engineers
has scheduled grouting at the Black Rock Lock in March 1991. Over the years,
the rock has weathered and the gypsum has solutionized, resulting in
significant voids in the upper 10 feet of rock. The voids will be filled with
cement grout, under pressure, through drilled holes.
In order to access the west wall to perform the above described work, a
temporary right-of-way is required across City of Buffalo land.
I ask that you review the enclosed right-of-way and, if it is acceptable
to Buffalo's Common Council, please execute the original and five copies and
return them to this office for acceptance. Retain the sixth copy for your file
until the Corps sends you a fully executed right-of-way.
For the Corps to meet its schedule and start the project during March
1991, the executed right-of-way is needed by February 21, 1991.
My point of contact pertaining to this matter is Mr. Lawrence R. Dunfee
of my Real Estate Office, who can be contacted at 716-879-4117.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
PETITIONS
No.94
THE CROSBY CO., OWNER, PETITION TO REZONE NOS. 376 AND 384-394 SPRING STREET
FROM R-3 TO M-2 DISTRICT TO USE VACANT LAND FOR PARKING AND POSSIBLE EXPANSION
OF EXISTING BUSINESS OF THE CROSBY COMPANY.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No.95
ROBERT E. JONES, OWNER, PETITION TO USE 1325 KENSINGTON FOR STORE WITH TAKEOUT
RESTAURANT.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.96
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
40 - 2 DIVISION OF BUILDINGS
(Item No. 177, C.C.P., February 5, 1991
That the Salary Ordinance Amendment as contained in Item No. 177,
C.C.P., February 5, 1991, be and the same hereby is approved.
PASSED.
AYES-12 NOES-0.
No.97
REIMBURSEMENT SICK TIME//M. CRISCIONE
(Item # 85 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.98
REIMBURSEMENT OF SICK TIME (CC)
(Item # 43 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.99
INFORMATION EQUIPMENT OPERATOR//ANNOUNCEMENTS/LISTS (CSC)
(Item # 63 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME 15 HEREBY RECEIVED
AND FILED.
ADOPTED
No.100
APPOINTMENT
INSPECTIONS & COMMUNITY REVITALIZATION//BUILDING INSPECTOR
THAT COMMUNICATION 59 CCP JAN 22. 1991 BE RECEIVED AND
FILED AND
THE PROVISIONAL APPOINTMENT OF SALVATORE P. GALLUZZO STATED ABOVE AT THE
MAXIMUM SALARY $29,641.00 EFFECTIVE ON JAN 15. 1991 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0.
No.101
APPOINTMENT
PUBLIC WORKS/MACHINE OPERATOR-WATER
THAT COMMUNICATION 36 CCP FEB 5, 1991 BE RECEIVED AND FILED AND
THE PERMANENT APPOINTMENT OF DANIEL E. WALSH STATED ABOVE AT THE MAXIMUM SALARY
$21,479.00 EFFECTIVE ON JAN 30, 1991 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0.
No.102
APPOINTMENT
PUBLIC WORKS//COMMUNICATIONS SPECIALIST
THAT COMMUNICATION 37 CCP FEB 5 1991 BE RECEIVED AND FILED AND
THE PROVISIONAL APPOINTMENT OF MICHAEL GENNACI STATED ABOVE AT THE INTERMEDIATE
SALARY $22,272.00 EFFECTIVE ON JAN 28. 1991 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0.
No.103
APPOINTMENT
PUBLIC WORKS//INVESTIGATOR
THAT COMMUNICATION 38 CCP FEB 5- 1991 BE RECEIVED AND FILED AND
THE PERMANENT APPOINTMENT OF MICHAEL H. HOFFERT STATED ABOVE AT THE MAXIMUM
SALARY $25,925.00 EFFECTIVE ON JAN 17, 1991 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0.
No.104
APPOINTMENT
STREET SANITATION//TRUCKDRIVER
THAT COMMUNICATION 55 CCP FEB 5, 1991 BE RECEIVED AND FILED AND
THE NON-COMPETITIVE APPOINTMENT OF DENNIS J. WHALEN STATED ABOVE AT THE MAXIMUM
SALARY $21,729.00 EFFECTIVE ON JAN 17. 1991 IS HEREBY APPROVED.
PASSED
AYES-12 NOES-0.
No.105
1991-92 RECOMMENDED BUDGET - PILOT FIELD
(Item No. 5, C.C.P., February 5, 1991)
That the Mayor's proposed 1991-92 budget for the Pilot Field Enterprise
Fund of $4,054,317.00, as contained in the communication from the Mayor, dated
January 31, 1991, Intro. No. 5, C.C.P., February 5, 1991, be, and it hereby is
approved.
PASSED
AYES-12 NOES-0.
No.106
PROPOSED BUDGET CUTS (MAYOR)
(Item # 4 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE COMMITTEE OF THE WHOLE.
MR.COLLINS now moved to receive and file the above item.
ADOPTED.
No.107
ADMINISTRATION POSITION/MONEY FOR RAISES (A&F)
(Item # 58 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY REFERRED
TO THE COMMITTEE OF THE WHOLE.
MR. COLLINS now moved to receive and file the above item.
ADOPTED.
No.108
TRANSFER OF FUNDS//FIRE (CC)
(Item # 46 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.109
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF HOUSING & PROPERTY INSPECTIONS
(Item No. 183, C.C.P., February 5, 1991)
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
812 - Reserve for Capital Improvements $42,200
TO
100 General Fund
24-I Division of Housing & Property Inspections
085 -Capital Outlay
900 - Land & Betterments
Demolition of City-owned Buildings $42,200
PASSED
AYES-12 NOES-0.
No. 110
ERIE COUNTY EXECUTIVE//POSITION ON 8TH % OF SALES TAX
(Item # 81 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 111
ABATEMENT OF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE OVER SIX YEARS OLD
(ITEM NO. 22, C.C.P., JANUARY 22, 1991)
That the Comptroller be, and he hereby is, authorized
to abate
uncollectible accounts totalling $102,665.60, contained in the communication
from the Comptroller dated January 17, 1991, Intro. No. 22, C.C.P., January 22,
1991.
PASSED
Ayes - 12 Noes - 0.
No. 112
ABATE UNCOLLECTIBLE ACCOUNTS (CC)
(Item # 44 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No. 113
INCREASE IN ANIMAL SHELTER RENT (STS)
(Item # 54 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 114
PURCHASE OF TRUSCON PROPERTY AND EXCHANGE OF PORTION OF MARILLA STREET AND
ADJACENT PROPERTY
(Item No. 43, C.C.P., January 22, 1991),
That the Comptroller be, and he hereby is, authorized to execute
the amended sale and purchase agreement between the City of Buffalo and LTV
Steel Company, Inc., which is annexed to Intro. No. 43, C.C.P., January 22,
1991 as Exhibit "!"; and
The portion of Marilla Street which is more fully described in Exhibit "3" to
Item No. 43,l C.C.P., January 22, 1991, be, and it hereby is, abandoned for
public use; and
The city-owned property adjacent to Marilla Street which is more fully
described in Exhibit "4" to Item No. 43, C.C.P., January 22, 1991, be, and it
hereby is, abandoned for public use; and
The Mayor be, and he hereby is, authorized to execute a deed conveying the
abandoned portion of Marilla Street and adjacent city-owned property described
in Exhibits "3" and "4" to Item No. 43, C.C.P., January 22, 1991, to LTV Steel
Company, Inc., as partial exchange for the Truscon Property and in accordance
with the Sale and Purchase Agreement approved herein.
Mr. Collins now moved to recommit this item to the Committee on Finance.
ADOPTED
Ayes - Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio,
Perla, Rutecki - 11.
Noes - Pitts - 1.
No. 115
PURCHASE OF TRUSCON PROPERTY (COMPT)
(Item # 22 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
Mr. Collins now moved to recommit this item to the Committee on Finance.
ADOPTED.
Ayes - Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio,
Perla, Rutecki - 11
Noes - Pitts - 1.
No. 116
CONDITION OF PROPERTY//ENGINE #16-1420 MAIN (FIRE)
(Item # 58 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 117
CONDITION OF PROPERTY//1420 MAIN (PW)
(Item # 33 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 118
COMMUNITY SERVICES FOR DISABLED/OWNERSHIP OF 1420 MAIN
(Item # 84 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 119
SUPPORT USE OF 1420 MAIN BY COMMUNITY SERVICE (HR)
(Item # 60 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 120
PURCHASE OF 1420 MAIN//B. PERRONE
(Item # 92 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 121
RESPONSE ITEM #84, CCP
1/22/91 OBTAIN TITLE
1420 MAIN STREET
ITEM #92, CCP 1/22/91
B. PERRONE - PURCHASE
1416 MAIN STREET
ITEM NO. 21, C.C.P., FEBRUARY 5, 1991
That the Comptroller be, and he hereby is, authorized
to conduct
a public auction of the city-owned property located at 1416-18 Main Street, the
former Engine 16 firehouse, pursuant to Sec. 515 of the City Charter, and to
transmit the results of said auction to the Common Council for approval.
Mr. Collins moved to approve the above item; seconded by Mr. Bell.
Mr. Fahey moved to amend and recommit the above item to the Committee on
Finance and refer same to Buffalo Urban Renewal Agency; seconded by Mr. Pitts.
LOST
Ayes - Bakos, Fahey, Higgins, LoTempio, Perla - 5.
Noes - Amos, Bell Collins, Coppola, Franczyk,Pitts, Rutecki - 7.
Mr. Collins now moved his original motion to approve the above item with the
addition of requesting BURA if they will accept the property if transferred to
them by the City; and what would the selection process be used by BURA to
dispose of this property if transferred to them.
Seconded by Mr. Bell.
Adopted
No. 122
REPORT OF BIDS
PILOT FIELD INTERIM IMPROVEMENT PHASE II
(Item No. 50, C.C.P., February 5, 1991
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract to CIR ELECTRICAL CONSTRUCTION CORP., for
Electrical Work, the lowest responsible bidder, in the amount of $16,630.00
with the cost thereof to be charged against C.E.A. 415 -717-101, and that the
Commissioner of Community Development be, and he hereby is, authorized to award
a contract to JOHN W. DANFORTH CO., for Mechanical Work, the lowest responsible
bidder, in the amount of $45,000.00 with the cost thereof to be charged against
C.E.A. 415-717-101, and that the contract for GENERAL CONSTRUCTION will be
rebid.
PASSED
Ayes - 12 Noes - 0.
No. 123
UNITED PARENTS//FAVOR SCHOOL CONSTRUCTION AUTHORITY
(Item # 90 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED
No. 124
CONDITION OF SCHOOL #57 AND OTHER SCH00LS
(Item No. 208, C.C.P., November 27, 1990)
That the Common Council supports whatever short-term as well as long-term
plans that are necessary to rehabilitate, improve and repair Public School #57,
in addition to other deteriorating city schools.
ADOPTED
No. 125
SPECIAL COMBAT ZONES (POLICE)
(Item # 40 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 126
MARINE TRUST//WILL OF EDWARD KLEINHANS
(Item # 83 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
Ayes - Amos, Bakos, Bell, Collins, Coppola, Fahey,Franczyk, Higgins, LoTempio,
Perla, Rutecki - 11.
Noes - Pitts - 1.
No. 127
INTERPRETATION OF E. KLEINHANS WILL (CC)
(Item # 45 CCP FEB. 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
LEGISLATION
HON ALFRED COPPOLA
CHAIRMAN
No. 128
ANTHONY BATTAGLIA, PETITION TO USE 2532 MAIN STREET
FOR AN EIGHT FAMILY MULTIPLE DWELLING
(Item No. 93, C.C.P., 2/5/91)
That after a public hearing held before the Committee on Legislation
on February 12, 1991 the petition of Anthony Battaglia to use 2532 Main Street
for an eight-family multiple dwelling, be and the same hereby is approved.
PASSED
Ayes - 12 Noes - 0.
No. 129
NORFOLK SOUTHERN CORP., OWNER, PETITION TO USE
27 OWANN FOR OFFICES WITH PARKING
(Item No. 94, C.C.P., 2/5/91)
That after a public hearing held before the Committee
on Legislation on February 12, 1991, the petition of Norfolk
Southern Corp. to use 27 Owahn Street for offices with parking,
be and it hereby is approved.
PASSED
Ayes - 12 Noes - 0.
No. 130
VERNON BLOCK CLUB//IMPUT FOR PARK STUDY
(Item # 97 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 131
INVESTIGATE FIRST NIGHT VIOLENCE
(Item # 126 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 132
INVESTIGATE FIRST NIGHT VIOLENCE (POLICE)
(Item # 38 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No. 133
BUFFALO PLACE//COMMENTS ON FIRST NIGHT CELEBRATION
(Item # 82 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 134
FIRST NIGHT BUFFALO//COMMENTS ON FIRST NIGHT CELEBRATION
(Item # 87 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 135
POLICE POLICIES//FIRST NIGHT CELEBRATION
(Item # 145 CCP JAN 8, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 136
POLICE POLICIES//FIRST NIGHT CELEBRATION (POLICE)
(Item # 39 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 137
NFTA//POLICE POLICIES/FIRST NIGHT CELEBRATION
(Item # 87 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No. 138
RECOVER COSTS FOR EMERGENCY CALLS (POLICE)
(Item # 41 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 139
R. KERN///HUD/BMHA VOLUNTARY COMPLIANCE AGREEMENT
(Item # 86 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 140
HUD/BMHA VOLUNTARY COMPLIANCE AGREEMENT (BMHA)
(Item # 63 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 141
BUFFALO/ERIE COUNTY LIBRARY//BLOCK GRANT FUNDS-HANDICAPPED ACCESS
(Item # 79 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.142
BLOCK GRANT FUNDS//HANDICAPPED ACCESS AT LIBRARIES (PW)
(Item # 35 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.143
DECEMBER OFFICE SPACE INVENTORY (CD)
(Item # 49 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
RESOLUTIONS
No.144
BY MR. AMOS
:
ECONOMIC DEVELOPMENT ZONE APPLICATION
WHEREAS: Governor Coumo has proposed an expansion of the state
economic development zone program; and
WHEREAS: This would add at least eight new zones to the program; and
WHEREAS: The City of Buffalo is now eligible for the program; and
WHEREAS: Charles Rosenow
has stated that the city will probably apply for a zone.
NOW, THEREFORE, BE IT RESOLVED
That this Honorable Body request Mr. Rosenow to report his progress with the
application procedure and discuss the decision making that will be used in
determining the economic zone being proposed.
ADOPTED.
No.145
BY:MESSRS. FAHEY, BELL and MRS. LoTEMPIO
REQUEST CERTIFICATE OF [NECESSITY - AUTHORIZATION FOR ADDITION TO THE CAPITAL
IMPROVEMENTS BUDGET -
UNIVERSITY HEIGHTS
COMMUNITY CENTER
WHEREAS: The residents of the University Heights area of the city
have been waiting literally years for the construction of a new multipurpose
community center facility; and
WHEREAS: Monies have been authorized in previous Capital Budgets and
Community Development Block Grant Applications, but the University Heights
Community Center project is still in need of $1,000,000 to complete its
financing; and
WHEREAS: The additional funds would finance the plumbing, electrical, and
heating contracts, and ensure the proper coordination between the general and
sub-contractors; and
WHEREAS: Having the contracts in place will also ensure that the project
would proceed in the most cost effective manner; and
WHEREAS: In order to proceed, it is necessary to amend the 1990-91 Capital
Budget to include $1,000,000 to complete the financing for the University
Heights Community Center; and
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests the Mayor and the Comptroller to submit a
certificate of necessity to authorize an amendment to the 1990-91 Capital
Improvements Budget to include $1,000,000 for the University Heights Community
Center.
ADOPTED.
No.146
BY:MR. ARTHUR
PUBLISHING OF COUNCIL AUTHORIZED STUDY
BUFFALO URBAN LEAGUE
WHEREAS, the Common Council in 1988 commissioned a research study
by the University of Buffalo's Center for Applied Public Affairs Studies; and
WHEREAS, that study, upon completion, was published under the title
African Americans and the Rise of Buffalo's PostIndustrial City, 1940 to
Present; and
WHEREAS, this study has been copyrighted jointly by the Common Council,
the Buffalo Urban League, and the Center for Applied Public Affairs Studies;
and
WHEREAS, the Center has requested authority to market and sell the study
in pamphlet form, with proceeds of any sales to be applied to establishing an
account to be used to fund research on the black experience in Buffalo;
NOW, THEREFORE, BE IT RESOLVED:
That as joint copyright holder the Common Council hereby authorizes the
Buffalo Urban League and the Center for Applied Public Affairs Studies to
publish said study and to apply sales proceeds as above indicated.
ADOPTED.
No.147
BY:MR. ARTHUR
CHANGE IN SENIOR CITIZEN EXEMPTION
WHEREAS, the New York State Legislature has amended Section 467
of the Real Property Tax Law affecting the State Permissible Income Limit for
Exemption on Real Property owned by senior citizens;
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo hereby adopts in full the new limitations and
Permissible income limits for exemptions on real property in the City of
Buffalo, as contained in Section 467 of the New York State Real Property Tax
Law, to become effective on December l, 1991.
PASSED
AYES-12 NOES-0.
No.148
BY:MESSRS. ARTHUR & COPPOLA
PAYMENTS TO THE MARRIOTT CORP. AND FEDERAL GOVERNMENT BUFFALO PARKS SUMMER
LUNCH PROGRAM
WHEREAS:The Buffalo Board of Education assumed the operation of
the Buffalo Parks Department Summer Lunch Program after allegations of misuse
of the program became public knowledge; and
WHEREAS:The Marriott Corp. had filed a claim against the City of Buffalo for
$59,552 for service rendered to the lunch program between October 1986 and
September 1987; and
WHEREAS:The Federal Government also filed a claim against the lunch program for
more than $73,000, which allegedly was misspent on improper expenditures; and
WHEREAS:Inquiries to the Corporation Counsel's office in late December of 1989
in regard to this issue, by resolution, personal correspondence or phone
conversation have gone unanswered; and
WHEREAS:Rumors are circulating around this issue that are insinuating that both
of the above mentioned claims have been satisfied; and
WHEREAS:The Finance Law mandates that all payment of claims shall have the
approval of the Common Council;
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel shall file by 2:00 PM. Thursday, February 28,
1991, with this Common Council all updated information, within the possession
of The Department of Law, on the claims of the Marriott Corp. and the Federal
Government; and
BE IT FURTHER RESOLVED:
That the Superintendent of Schools also provide all possible information on the
Board of Education's involvement in the payment of the above claims; and
BE IT FINALLY RESOLVED:
That the Federal Government and Marriott Corporation report to this Council all
repayments of the claims filed against the City of Buffalo.
ADOPTED
No.149
BY: MR. BAKOS
AMEND CITY TRAFFIC ORDINANCE
CHAPTER 479, SECTION 15.48
WHEREAS: The Charter of the City of Buffalo is full of antiquated
laws;and
WHEREAS: While Council Staff has been in the process of reviewing the Charter
for the last six months, many of the ordinances have been found to apply to
"old world Buffalo"; and
WHEREAS: The city traffic ordinances are in many cases dated in regard to
today's life style; and
WHEREAS: Chapter 479, Section 15.48, restricts the parking of commercial
vehicles from 7:00 PM. to 7:00 am. in residential neighborhoods; and
WHEREAS: The New York State Motor Vehicle Law differentiates a "commercial"
vehicle from a "passenger vehicle by the way in which it is registered, rather
than the type of vehicle; and
WHEREAS: As a result of this differentiation, vehicles such as vans, "Blazers",
"Broncos", "jeeps", and even some pickup trucks could be classified as either
"commercial" or "passenger"; and
WHEREAS: The weight of a vehicle has no bearing on this classification,
leading to a situation where a 4,250 pound cadillac is allowed to park on a
residential street while a 3,400 pound jeep with commercial plates cannot; and
WHEREAS: Chapter 479, Section 15.48 of the City of Buffalo traffic ordinances
should be repealed;
NOW THEREFORE BE IT RESOLVED:
That the Commissioner of Public Works, the Corporation Counsel, the Director of
Parking Enforcement, and Council Staff prepare recommendations to amend Chapter
479, Section 15.48 of the City of Buffalo Traffic Ordinance to allow
multipurpose vehicles to park on residential streets; and
BE IT FURTHER RESOLVED:
That these recommendations be forwarded to the Transportation Advisory Board
for their review and comments.
ADOPTED.
No.150
BY: MR. BAKOS
HOME RULE MESSAGE, SENATE BILL #1955, ASSEMBLY BILL #3057 - AN ACT AUTHORIZING
THE CITY OF BUFFALO TO ABANDON AND DISCONTINUE THE USE OF A TRACT OF LAND THAT
HAS BEEN DEDICATED PARKLAND
WHEREAS: There has been introduced in the Assembly, Bill #3057
and in the Senate, Bill #1955 which would authorize the City of Buffalo to
abandon and discontinue the use of certain parklands for use as public housing;
and
WHEREAS: The City of Buffalo owns a tract of parkland consisting of 36.2 acres
which is subdivided into two sections, one parcel consisting of 17.1 acres of
land which is actively being used for parkland and recreational use by the
Scajaquada Little League;
WHEREAS: The remaining 19.1 acres of this parcel are not being used for either
of these purposes; and
WHEREAS: This 19.1 acres of land is an underdeveloped weed and insect infested
parcel bounded by the Town of Cheektowaga, the property of Penn Central
Railroad, Walden Avenue and 17.1 acres of parkland used by the little league;
and
WHEREAS: The City of Buffalo would like to use this tract of land in order to
erect affordable senior citizen housing;
NOW THEREFORE BE IT RESOLVED:
That the City of Buffalo dose hereby request the enactment into law Assembly
Bill #3057 and Senate Bill #1955 entitled:"an Act Authorizing the City of
Buffalo to Abandon an Discontinue the Use for Park Purposes Certain Lands for
Providing Senior Citizen Housing"; and
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is authorized and directed to certify the
passage of this resolution and to send copies thereof to the Home Rule Counsel
of the Assembly and of the Senate.
ADOPTED.
No.151
BY:MR. BELL
STATUS - DEVELOPMENT OF COURT,PEARL, FRANKLIN SITE
WHEREAS:The vacant parcel of land located at Court,Franklin and
Pearl Streets has been the subject of controversy since the 1970's; and
WHEREAS:The city obtained a portion of this parcel (32-38 Court Street) through
eminent domain proceedings in 1989 citing that the previous owner failed to
develop or propose a development for this land other than for temporary surface
parking; and
WHEREAS:The city filed eminent domain proceedings because this parcel was vital
to the redevelopment of downtown Buffalo and a surface parking lot was not its
best use; and
WHEREAS:After obtaining 32-38 Court Street, the Commissioner of Community
Development filed a request with this Common Council to develop a portion of
the Court/Pearl/Franklin parcel for temporary surface parking (Item 165. C.C.P.
1/16/90), the same use which was determined to be unsuitable for 32-38 Court
Street; and
WHEREAS:Filing eminent domain proceedings implies that there is an urgency to
obtain a property for a specific purpose and that a plan or proposal for
developing said property is imminent; and
WHEREAS:Developers were designated prior to eminent domain procedures for a
portion of the Court/Pearl/Franklin site with no plan for development
submitted; the same developers were redesignated for the entire parcel, under
the Corporation name Court Tower Group, Inc. They have yet to offer specific
plans for the site; and
WHEREAS:It seems curious that movement on developing this parcel is so slow in
light of the measures taken to obtain the full parcel;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests that the Commissioner of Community Development
issues a report detailing the status of the development of the entire parcel
located at Court, Pearl and Franklin Streets and the reasons for the seemingly
slow progress.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE BUFFALO DEVELOPMENT CORPORATION.
No.152
BY:Mr. Bell
PARKS DEPARTMENT LUNCH PROGRAM -
PAYMENT OF $80,065.82
WHEREAS:In the mid-1980's, the Buffalo Parks Department under
then-Commissioner Thomas J. Griffin ran the federally funded Child Care Food
Program and the Summer Lunch Program; and
WHEREAS:An investigation into the programs revealed that over $70,000 of the
money was spent improperly, and the Parks officials were removed from the
programs; and
WHEREAS:In 1989 the former bookkeeper for the programs pleaded guilty to
charges that he improperly used $10,000 in lunch program funds, and was
sentenced to six months probation and 500 hours of community service; and
WHEREAS:The U.S. Attorney then said that Buffalo must repay $73,885, plus
interest, and a notice demanding payment was sent to the office of the
Corporation Counsel; and
WHEREAS:That notice was never forwarded to the Common Council nor the City
Comptroller; and
WHEREAS:Last fall, without any authorization or approval, the U.S. Department
of Agriculture deducted the misspent money, plus interest, from the Board of
Education's lunch programs; and
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel file a report detailing the following information
regarding the withholding of $80,065.82 from federal reimbursements to the
Board of Education:
1. Why was the notice demanding payment not presented to the
Common Council, which must approve city expenditures?
2. By what authority was the federal government permitted to deduct funds
from the Board of Education for a program that was run by the City of Buffalo?
3. Was the payment an illegal use of public funds?
4. What action can be taken by the Board of Education to recover those
funds?
BE IT FURTHER RESOLVED:
That the Buffalo Board of Education be requested to answer the following
questions:
1. How will the loss of the $80,065.82 affect the Board's lunch programs?
2. What action does the Board intend to undertake to recover those funds?
ADOPTED
No.153
BY:MR. BELL
IMPACT OF PERSIAN GULF WAR ON DOMESTIC PROGRAMS
WHEREAS:Throughout the City of Buffalo and western New York, people
are suffering as a result of the closing of businesses and widespread layoffs;
and
WHEREAS:Local economic problems are made worse by the recession that this
entire nation is experiencing; and
WHEREAS:At a time when the economic woes are making increased social and
economic programs a matter of crucial importance, budgetary problems on the
federal, state, and local levels threaten to actually reduce funding for such
concerns as education, economic development, substance abuse programs and law
enforcement; and
WHEREAS:Exacerbating this problem is the War in the Persian Gulf, which is
costing American taxpayers an amount that has been estimated by some to be as
much as $1 billion a day; and
WHEREAS:While taxpayers had been told in the recent past that money was not
available to wage an all-out "War on Drugs" or to fund other critical domestic
programs, there has been sufficient funding for Desert Shield and Desert Storm;
NOW, THEREFORE BE IT RESOLVED:
That the members of the Western New York Congressional delegation be
respectfully requested to answer the following questions:
1. What Impact will the costs associated with Operation Desert Storm have on
domestic spending in the United States, the City of Buffalo in particular, and
the efforts to reduce the budget deficit?
2. Are there any potential initiatives that could significantly reduce this
country's financial burden resulting from Operation Desert Storm?
3. Once the War in the Gulf is over and the need for the extraordinary military
expenditures no longer exists, will the money used to fund that effort be
available to address domestic concerns?
4. What are the prospects for further increases in funding for the Federal
Community Development Block Grant Program, and what are the prospects for the
Implementation of President Bush's proposal to remove the block grant program
from local control?
BE IT FURTHER RESOLVED:
That the City Clerk certify adoption of this resolution and forward certified
copies to members of the Western New York Congressional delegation and the
United States Senators representing New York State.
ADOPTED.
No.154
BY: MESSRS BELL AND FAHEY
AUTHORIZATION TO FILE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS
FOR CITY OF BUFFALO COMMUNITY DEVELOPMENT BLOCK GRANT 1991-1992
WHEREAS, the United States Department of Housing and Urban Development
requires the preparation and submission of a "Final Statement of Community
Development Objectives and Projected Use of Funds" in lieu of an application
for the City of Buffalo's 1991-1992 Community Development Block Grant
entitlement; and
WHEREAS, the steps necessary to comply with the regulations for the City of
Buffalo's 1991-1992 Community Development Block Grant Program have been taken;
and
WHEREAS, THE approval of the Final Statement of Objectives and Projected Use of
Funds hereby presented by the Mayor of the City of Buffalo and authorization by
the Common Council to submit same is the last remaining prerequisite.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO:
1. That the "Final Statement of Objectives and Projected Use of Funds" has
been reviewed by the members of the Common Council and is hereby approved.
2. That the Mayor of the City of Buffalo is hereby authorized to execute and
file, on the behalf of the City of Buffalo, the "Final Statement of Objectives
and Projected Use of Funds" for the 1991-1992 Community Development Block Grant
Funds.
3. That the Mayor is further authorized to provide such additional
information and furnish such documents as may be required by the Department of
Housing and Urban Development.
4. That the Mayor is further authorized to execute such contracts or
agreements as may be necessary for the HUD funds applied for, to execute and
file requisitions for funds and to act as the authorized representative of the
City of Buffalo.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.155
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS- REGULAR DEPARTMENTS
DEPARTMENT OF POLICE
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
$140,000 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
200 Department of Police
012 -Precinct & Patrol Services
Personal Services
110 - Salaries - Regular $140.000
TO
100- General Fund
200 Department of Police
024 - Central Services
Purchase of Services
571-Medical Services $140.000
REFERRED TO THE COMMITTEE ON FINANCE.
No.156
BY: MR. COPPOLA
REQUEST INFORMATION FROM
DEPARTMENT OF LAW ON
FAILURE TO FORWARD DEMAND
FOR PAYMENT
WHEREAS:The US Department of Agriculture is withholding the amount
of $80,000 from the Board of Education's 1990-91 appropriation to reimburse
itself for the claim filed against the Buffalo Parks Summer Lunch Program; and
WHEREAS:The loss of $80,000 will create further hardship for the School Board
and for the children who attend public school in the City of Buffalo; and
WHEREAS:This loss is a direct result of the failure of the Law Department to
file a demand for payment with this Common Council or the Comptroller's Office.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Law respond to the
following question:
l. Why did the Law Department fail to forward a demand for payment to the
Common Council or the Comptroller's Office to reimburse the federal government
the $80,000, which was improperly spent by those administering the program?
ADOPTED
No.157
BY: MR. COPPOLA
REQUEST REVIEW OF :DELINQUENT PILOT RECEIVABLES
WHEREAS:In an audit performed by the Comptroller's Off ice on
the Department of Assessment, it was disclosed that there are eight delinquent
Payments in Lieu of Taxes (PILOT) receivables for the period September l, 1988
to August 31, 1990; and
WHEREAS:The total of these delinquent PILOT receivables is $269,950.07; and
WHEREAS:The Department of Assessment has correctly sent follow-up collection
notices to the delinquent accounts to no avail; and
WHEREAS:Because the city of Buffalo lacks the power of tax foreclosure over the
unpaid PILOT accounts and many of the PILOT agreements lack the provision for
the City to charge an interest penalty on such arrears, these and future
delinquent accounts could have an extremely negative effect on the City
financially
NOW THEREFORE BE IT RESOLVED THAT
This Common Council directs the Law Department to review the present Payments
in Lieu of Taxes agreements to determine what steps can be taken to provide for
the City to charge interest penalties when accounts are in arrears and to
mitigate the risk involved when accounts become uncollectible due to
bankruptcy.
BE IT FURTHER RESOLVED THAT
Due to the possibility of bankruptcy, the Law Department take the necessary
steps to collect the arrears from the delinquent PILOT receivable accounts.
ADOPTED
No.158
BY: MR. FAHEY
REPEAL NEW YORK SALES TAX ON PARKING FEES
WHEREAS:The State of New York imposed a sales tax on parking fees
on June 1, 1990; and
WHEREAS:This fee just adds to the extreme disadvantage that the downtown
business district must endure in competition with the suburban offices and
shopping malls that offer free parking to its tenants and customers; and
WHEREAS:The imposition of the sales tax has clearly been a casual factor in the
loss of tenants in downtown offices and the reduced usage of downtown parking
facilities; and
WHEREAS:Downtown Buffalo cannot afford to lose any more businesses and future
commercial development to the suburbs; and
WHEREAS:The New York sales tax has had a negative economic impact on all
aspects of business in the downtown area;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council urges the State Legislature to repeal the sales tax
applied to parking facilities in the State of New York; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to send certified copies of this resolution to
the Secretary of the Senate and the Clerk of the Assembly.
ADOPTED.
No.159
BY: MR. FAHEY
ORDINANCE AMENDMENT
CHAPTER 6, SECTION 29 - POWERS AND DUTIES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 29 of Chapter 6 of the Code of the City of Buffalo be
amended by adding a new paragraph numbered (5) in place of the existing
paragraph (S) and that the paragraphs following be renumbered accordingly:
6-29. Powers and Duties.
(5) Annually submit a capital budget request equal to or no less than 1% of
the City's projected capital improvement budget based on the following:
(a) Commission's plans for the conservation of city-owned works of art;
(b) Plans to commission new works of art; and
(c) Commission's review and recommendations of projects enhancing the general
aesthetic appearance of city property.
APPROVED AS TO FORM
SAMUEL F. HOUSTON
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION, CITIZENS ADVISORY COMMITTEE ON
COMMUNITY IMPROVEMENTS, BUFFALO ARTS COMMISSION, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE COMPTROLLER.
No.160
BY:MR. FRANCZYK
OPPOSITION TO BUSH ADMINISTRATION PROPOSAL TO FUNNEL DIRECT BLOCK GRANT
ENTITLEMENTS FROM THE CITIES TO THE STATES
WHEREAS:The Bush Administration proposed that nearly $15 billion
in federal aid currently channeled to the cities should be handed over to the
states; and,
WHEREAS:Funds to be slashed to the cities include the Community Development
Block Grant Program, which provides absolutely necessary benefits to city
residents; and,
WHEREAS:The channeling of block grant monies to the state could very well
entail the devastating loss of aid to Buffalo, which includes monies for
housing, street repairs, parks and play' grounds, community centers, etc.; and,
WHEREAS:The loss of direct Block Grant entitlements would deal a crippling,
possibly fatal blow to the City of Buffalo, particularly in light of the fact
that monies hitherto granted to Buffalo could be directed elsewhere or tied up
in the State bureaucracy; and,
WHEREAS:The implementation of the Bush plan would greatly accelerate the
assault on America cities begun under the Reagan Administration; and,
WHEREAS:The Bush plan would not only wrench the control of federal monies
further away from the people most affected, but it would put those monies in
the hands of a state bureaucracy and legislature which often favors suburban or
rural interests over the cities; and,
WHEREAS:The Bush initiative would be especially hurtful to low and lower/middle
income city dwellers who benefit from the CDBG program;
NOW THEREFORE BE IT RESOLVED:
That the Common Council strongly supports the current guidelines which direct
Community Development Block Grant funds to the local municipalities;
BE IT FURTHER RESOLVED:
That the Common Council request that the local congressional delegation
vigorously oppose the Bush Administration proposal as it relates to the CDBG
program; a"d,
BE IT FINALLY RESOLVED:
That the Common Council request that the local congressional delegation support
the guidelines and entitlements as they currently exist, and that a copy of
this resolution be forwarded to that delegation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.161
BY: MR. FRANCZYK
MEMORIALIZE STATE LEGISLATURE TO GRANT PERMISSION TO THE CITY OF BUFFALO TO
CHARGE ADMISSION USER FEE AT CITY-OWNED SPORTS & ENTERTAINMENT FACILITIES
WHEREAS:All levels of government are facing extremely difficult
fiscal times; and,
WHEREAS:New York State aid cuts to Buffalo have already forced the city to
begin the painful process of slashing expenditures in the middle of the fiscal
year; and,
WHEREAS:Governor Cuomo has recommended a slash of 50% in revenue sharing aid to
municipalities in the 1991-92 fiscal year, which, if approved by the
Legislature, will impose an even greater burden on Buffalo; and,
WHEREAS:In addition to all its other responsibilities, the City of Buffalo will
still be compelled to earmark millions of dollars for the expansion,
improvement, replacement or maintenance of City-owned sports and cultural
edifices; and,
WHEREAS:In addition to Pilot Field and War Memorial Auditorium, both Kleinhans
Music Hall and Shea's Buffalo are in need of millions of dollars or
rehabilitation, with figures broken down in the previous resolution speaking to
this issue; and,
WHEREAS:Although the City of Buffalo taxpayers must sustain the lion's share of
cost of upkeep of these sports and cultural buildings, they are in fact a
regional asset, with most ticket sales generated by persons living outside the
city limits; and,
WHEREAS:The imposition of a user fee surcharge does not employ the mechanism of
increasing the burden on the taxpayer, but rather exacts a modest fee from
those frequenting the facilities in question; and,
WHEREAS:The difficult fiscal times underscores in even greater emphasize the
need for a user fee for sports & cultural facilities; and,
WHEREAS:A fifty-cent ($.50) fee per admission ticket could generate an
additional three million dollars in revenue for the facilities in question;
and,
NOW THEREFORE BE IT RESOLVED:
That this Common Council does hereby memorialize the New York State Legislature
to grant permission to the City of Buffalo to enact a User Fee on events at
Pilot Field, Memorial Auditorium, Kleinhans Music Hall, Shea's Buffalo, or any
other City-owned facility used for entertainment purposes exclusively;
BE IT FURTHER RESOLVED:
That the City Clerk be and is hereby directed to forward a certified copy of
this resolution to the Clerk of the New York State Assembly, Secretary to the
Senate, and members of the Western New York delegation to the New York State
Legislature.
REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF STADIUM AND MEMORIAL
AUDITORIUM, THE BUFFALO BISONS, THE BUFFALO SABRES, KLEINHANS MUSIC HALL AND
SHEA'S O'CONNELL THEATER.
AYES - BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 10
NOES- AMOS, PITTS-2.
No.162
BY: MESSRS. HIGGINS, COLLINS AND BELL
Memorialization of legislation (5-55 and HR-5) prohibiting employers from
hiring permanent replacement workers during strikes
WHEREAS:
Ohio Senator Howard Fletzenbaum and Missouri Representative
Bill clay recently introduced legislation 5-55 and HR-5 in their respective
houses, and
WHEREAS:These companion bills would prohibit employers from hiring permanent
replacement workers during a strike, and
WHEREAS:This legislation would also prevent employers from discriminating
against workers based upon their participation in a strike.
NOW THEREFORE BE IT RESOLVED: That the Common Council of the city of Buffalo
memorializes its support of the rights of striking workers and urges the House
of Representatives and United States Senate to pass this legislation; and
BE IT FURTHER RESOLVED: The city Clerk be and is hereby authorized to certify
passage and send copies of memorialization to the New York State Senators and
to the Western New York congressmen.
ADOPTED.
No.163
BY:MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,1979,
established a specific procedure for payment of claims of $100.00 or less and
Claims under Section 207
(a) and (c) of the General Municipal Law, which pertain to medical bills of
Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims and
recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. RICKY CREEK
Claim for personal property not returned to claimant following arrest.
$ 20.00
2. GRACE JORDAN
Claim for loss of garbage cans. $18.00
3. JOHN J. JOYCE, D.D.S
Claim for loss of garbage can. $13.00
4. FAYE KRONSON
Claim for loss of garbage can. $10.00
5. LEONARD LIVINGSTON
Claim for loss of garbage can. $10.00
6. OLA RENDON
Claim for loss of garbage can. $12.50
Investigation by the Department of Law reveals that the above claims are valid
and payment is hereby recommended.
PASSED
AYES-12 NOES-0.
No.164
BY: MESSRS. HIGGINS, FRANCZYK AND AMOS
Memorialization of Support for Amending the State Multiple Dwelling Law to
Require Stricter Ownership Disclosures
WHEREAS:Property Inspection Reform was the focus of a series of
meetings recently held with representatives of various City departments, City
Court, nonprofit Housing Agencies, Block Clubs, property owners, and private
citizens; and
WHEREAS:One reform measure suggested was the stricter reporting of property
ownership by individuals and corporations to include the principal owner's name
and true address; and
WHEREAS:The inclusion of the owner's name and principal address would greatly
assist the Department of Community Revitalization and Inspections in accurately
and quickly notifying the owner of existing building code violations; and
WHEREAS:A bill has been reintroduced into the New York Assembly by Assemblyman
William Hoyt that would amend the state municipal dwelling law to require
owners file their principal residence address with the city department
responsible for enforcing those laws regarding multiple dwellings; and
WHEREAS:This bill would also require corporate owners of multiple dwellings
file the names and principal residences of officers of the corporation with the
appropriate city department, and
WHEREAS:The current laws regarding the filing of ownership as outlined in
Subdivision l of Section 325 of the Multiple Dwelling Law, as amended by
Chapter 805 of the laws of 1984, do not require accurate reporting of
information about the owners actual residence; and
WHEREAS:Code enforcement efforts are greatly hampered by delays in proper
notification of existing violations; and
WHEREAS:The passage of this bill would be an important first step in removing
the delays in notification and compliance with building code violations; and
NOW THEREFORE BE IT RESOLVED: That this Common Council memorializes its support
for amending the multiple dwelling law to require stricter ownership reporting
by individuals and corporations; and
BE IT FURTHER RESOLVED:That the Common Council asks the
State Legislature to consider expanding stricter ownership disclosures to
include all properties that are not owner-occupied; and
BE IT FURTHER RESOLVED:That the City Clerk be and is hereby authorized to
certify passage and forward copies of this resolution to the Western New York
Legislative delegation, The Speaker of the Assembly, and the Majority Leader of
the Senate.
ADOPTED.
No.165
BY:MR. PERLA
CRIMEWATCH SIGNS FOR NINETEENTH STREET
WHEREAS:Residents of Nineteenth Street, between Massachusetts
and Rhode Island streets, have submitted a petition to the Buffalo Police
Department requesting that Crime Watch Signs be installed on their street; and
WHEREAS: The block club is asking that these signs be erected at the following
location: on Nineteenth Street facing North at Massachusetts on Nineteenth
facing South towards Rhode Island Street.
NOW THEREFORE, BE IT RESOLVED:
That this Common Council grants permission to have neighborhood Crime Watch
Signs installed at the location mentioned above by the city of Buffalo
Department of Public Works.
PASSED
AYES-12 NOES-0.
No.166
BY:MR. PERLA
VACANCIES IN THE CITY DIVISION OF SUBSTANCE ABUSE SERVICES
WHEREAS:One of the most serious problems facing the City of Buffalo
today is drug abuse; and
WHEREAS:Much progress has been made In the "War Against Drugs" thanks in large
part to the efforts of the City of Buffalo Division of Substance Abuse
Services; and
WHEREAS:Over the past several years City DSAS has grown significantly, and now
offers a variety of critically needed services for substance abusers and their
families, including but not limited to a comprehensive program of assessment,
treatment, counseling and referrals; and
WHEREAS:Last year City DSAS initiated a comprehensive treatment, prevention and
rehabilitation program to address substance abuse problems in Buffalo Municipal
Housing Authority projects, and a comprehensive AIDS awareness and testing
program; and
WHEREAS:These vital services are provided at little actual cost to the City of
Buffalo, since the City is reimbursed for most of those expenditures by New
York State; and
WHEREAS:Numerous positions in the Division of Substance Abuse Services are
presently vacant, including counselors, substance abuse specialists, and even
the Director of Substance Abuse Services, who is responsible for overseeing the
operation of the division; and
WHEREAS:As a result of these vacancies, not only are residents being deprived
of important services that cost the City very little, but the failure to use
those available resources may jeopardize the City's ability to obtain such
funding in the future; and
WHEREAS:It is especially important that a qualified person be named to the
position of Director of Substance Abuse Services, because competent and
effective leadership is vital to the optimal functioning of the division.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council strongly urge the Mayor and the Commissioner of Human
Resources to act swiftly to fill all vacancies in the Department of Substance
Abuse Services with qualified persons; and
BE IT FURTHER RESOLVED:
That the Commissioner of Human Resources be requested to file a report with
this Honorable Body detailing all vacancies in DSAS, what steps are being taken
to find qualified candidates for these vacancies, and the prospects for filling
those positions in the near future.
ADOPTED.
No.167
BY:MESSRS. PERLA, RUTECKI AND FRANCZYK
RECYCLED PAPER ORDINANCE
WHEREAS:At its meeting of July 31, 1990, this Common Council adopted
item number 194 (Resolution No. 226, C.C.P., June 19, 1990 - Use of Recycled
paper in Government Offices); and
WHEREAS:This resolution supported efforts to insure greater use of recycled
paper and urged the administration and the Department of General Services to
join with other government offices in a joint agreement to purchase recycled
paper; and
WHEREAS:This resolution also directed the Department of Law to draft an
ordinance amendment requiring the use of recycled paper by the City; and
WHEREAS:To date, no such ordinance amendment has been filed with the Council;
NOW, THEREFORE BE IT RESOLVED THAT:
The Department of Law is hereby requested to draft an ordinance amendment which
would require that all bid documents for paper and paper products for use by
the City include the specification that the paper be made from a minimum of 10%
post-consumer recycled fibers, and a total of 50% recycled fibers; and
BE IT FURTHER RESOLVED THAT:
A draft of this ordinance is requested to be filed with the City Clerk no later
than March 14, 1991.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF GENERAL SERVICES AND
THE ENVIRONMENTAL MANAGEMENT COMMISSION.
No.168
BY: MR. PITTS
WATERFR0NT REDEVELOPMENT PROJECT NYR-35 AREA "A" EASEMENT FOR BOAT DOCKS
ADJACENT TO PARCELS 7 & 9 GULL LANDING JOINT VENTURE
WHEREAS, On September 157 1987 the City of Buffalo Common Council
approved a Contract for Sale of Land for Private Redevelopment between the
Buffalo Urban Renewal Agency and Gull Landing, Inc.; and
WHEREAS: The Agency is required to grant easements on the land bordering
and under water for the construction of boat docks and related facilities; and
WHEREAS: The Urban Renewal Plan for the Waterfront Redevelopment Project
NYR-35 which was approved by the Common Council October 22, 1963, includes
certain waters adjacent to Parcels 7 and 9 within the boundaries of said Urban
Renewal Plan; and
WHEREAS: Map Cover 2432 was subsequently filed in the Erie County Clerk's
Office, which only depicts the uplands of Area "A", thus leaving the land under
the water which is within the boundary of the aforesaid Urban Renewal Plan, in
title to the City of Buffalo.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor of the City of Buffalo is hereby authorized to grant a
nonexclusive assignable easement for the construction of not to exceed
thirty-six (36) boat docks to the City of Buffalo Urban Renewal Agency subject
to the riparian rights of owners of the uplands bordering the premises and to
rights of the public to use the waters of Erie Basin.
2. The issuance of said easement shall also be subject to the written
approval and appropriate permits from the U.S. Army Corps of Engineers and the
New York State Department of Environmental Conservation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.169
BY: MR. PITTS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR PARCEL UB - N/W/C E. NORTH & ELLICOTT
OAK STREET REDEVELOPMENT PROJECT NYR-197
WHEREAS, Frank Ciminelli and Dr. Edward Simmons and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly
designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper
have negotiated a Land Disposition Agreement for the disposition of Parcel llB
- N/W/C of E. North and Ellicott Street in the Oak Street Redevelopment Project
NYR-197; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Public Hearing" in the Buffalo News, no later than
the 22nd day of February 1991.
2. That the Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Public Hearing" at 2:00 O'clock P.M. in the Council
Chambers on the 5th day of March 1991.
Mr. Fahey moved approval of the above item; seconded by Mr. Bakos.
Mr. Pitts moved to amend the above item by adding Be It Further Resolved that
BURA forward the plans for this LDA hearing to the Common Council prior to the
Council hearing date of March 5, 1991.
Seconded by Mr. Bell.
ADOPTED.
No.170
BY:MESSRS. PITTS, ARTHUR and PERLA
ABANDONMENT OF FOURTH STREET
WHEREAS:Gateway Development Associates LTD. has developed a proposal
to construct a U.S. Customs Truck Inspection Facility near Porter Avenue and
the Peace Bridge. The proposal is presently being reviewed by the General
Services Administration in Washington, D.C., and
WHEREAS:The site plan for the project will necessitate the use of Fourth Street
which is located between Porter Avenue and Jersey Street, and
WHEREAS:The General Services Administration in its final review narrative has
requested clarification as to the use of Fourth Street. The department has
stipulated that Fourth Street must be abandoned, and
WHEREAS:The Common Council has approved unanimously two Resolutions, C.C.P.
178, November 28, 1989, which authorized the use of Fourth Street and December
10, 1990, which authorized an easement for the use of City of Buffalo property
to construct a tunnel, and
WHEREAS:The City's Department of Public Works has approved the use of Fourth
Street for the Gateway Associates LTD. project. Public Works has stipulated
appropriate conditions which would facilitate Gateway's purposes as well as
preserve the City's rights, and
WHEREAS:The abandonment of Fourth Street would demonstrate further the City of
Buffalo's approval and support of the Gateway Associates LTD. project.
NOW THEREF0RE BE IT RESOLVED THAT:The Common Council approves the Gateway
Associates LTD. project to construct a U.S. Customs Truck Inspections
Facility.
BE IT FURTHER RESOLVED THAT:In order to facilitate the project's development,
the Common Council approves the abandonment of Fourth Street.
ADOPTED.
No.171
BY: MESSRS. PITTS, ARTHUR AND AMOS
REFERENDUM QUESTION- REDUCTION OF FIRE BATTALIONS
WHEREAS, the Mayor has submitted to this Council, as part of a
package of budget reductions to compensate for the reduction in State Aid
experienced by the City due to the State budget crisis, a proposal to reduce
the number of battalions in the Fire department from five to four and the
number of battalion chief positions from 20 to l6; and
WHEREAS, it is the policy of this Council that no reductions in staffing levels
in the Fire Department be implemented without approval by the voters at a
referendum; and
WHEREAS, Section 263 of the City Charter provides that the number of fire
companies as of December l, 1981 shall not be diminished without approval of
the Common Council; and
WHEREAS, it is the opinion of the Corporation Counsel that since neither
Section 263, nor any other section of the Charter mentions battalions, the
number of battalions may be reduced by the Fire Commissioner without approval
of the Common Council; and
WHEREAS, this Council believes that said opinion of the Corporation Counsel is
a violation of the spirit of Section 263;
NOW, THEREFORE, BE IT RESOLVED:
That the City Clerk be and he hereby is directed to transmit to the Erie County
Board of Elections for inclusion on the ballot as a proposition in the 1991
General Election, the following referendum question:
"Shall the number of battalions in the Buffalo Fire Department be established
as five, shall the number of battalion chiefs be established as 20, and shall
the Mayor and the Fire Commissioner be prohibited from reducing the number of
battalions and the number of battalion chief positions without approval of the
Buffalo Common Council?"
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.172
BY:MR. RUTECKI
Reduced Parking for St. Hark's Manor
WHEREAS:St. Marks Episcopal Church, has received a Fund Reservation
and Conditional Commitment from the United States Department of Housing and
Urban Development(HUD) to construct and operate a 33 unit apartment development
for Elderly and Handicapped persons: and
WHEREAS:The HUD section 202 program permits occupancy only by persons who are
62 years old or older or by handicapped persons: and
WHEREAS:Article XIX, "off-street Parking and Loading", Section 511-96,
Subsection (D)(2) of the Zoning Ordinance provides that the Common Council may
reduce the parking requirements of Subsection (A) to not less than forty
percent (40%): and
WHEREAS:15 parking spaces are proposed by the owner: and
WHEREAS:These 15 spaces exceed the 40% requirement: and
WHEREAS:HUD requires that permission such as that provided by this resolution
be in place at this time.
NOW, THEREFORE BE IT
RESOLVED:That this Common Council hereby adopts the policy of reducing the
parking requirement for this apartment building to 15 spaces: and
BE IT FURTHER
RESOLVED:That this resolution shall enure to the benefit only of the apartment
building to be known as St. Mark's Manor, HOP Project Number 014-EH261 which
will be owned by the Riverside Episcopal Housing Development Fund Company,
Inc., a NY State Not-For-Profit corporation created and supervised by St. Marks
Episcopal Church: and
BE IT FURTHER
RESOLVED:That a certified copy of this approved resolution be sent to The
Reverend Donald B. Hill, Pastor, St. Marks Episcopal Church, 256 Riverside
Avenue, Buffalo, New York 14207
PASSED.
AYES-12 NOES-0.
No.173
BY: MR. RUTECKI
FELICITATIONS AND/OR IN MEM0RlAMS
ATTACHED HERETO ARE COPIES OF VARIOUS FELICITATIONS OR IN MEMORIAMS SPONSORED
BY MEMBERS OF THE COMMON COUNCIL:
FELICITATION FOR MARTIN P. BINIASZ
BY COUNCILMEMBER BAKOS
FELICITATION FOR HENRY J. OSINSKI
BY COUNCILMEMBER ARTHUR ET AL
FELICITATION FOR ERIE-NIAGARA CHAPTER PROFESSIONAL ENGINEERS
BY COUNCILMEMBER ARTHUR ET AL
FELIClTATION FOR VISITING NURSING ASSOCIATION OF W.N.Y.
BY COUNCILMEMBER COPPOLA
FELICITATION FOR VIETNAMESE NEW YEAR
BY COUNCILMEMBER FAHEY
AN
D THE CITY CLERK IS HEREBY DIRECTED TO HAVE EACH OF THE ABOVE
RESOLUTIONS FRAMED AT A COST NOT TO EXCEED SEVEN DOLLARS AND FIFTY
CENTS ($7.50) EACH.
ADOPTED.
No.174
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:
Christine M. Beigler
Alice H. Bennis
Timothy M. Doolittle
Stevphenie M. Eckert
Deborah A. Girard
Janice L. Kelly
Melvin J. Knap
Jennifer Kusmierski
Gerri Normandin
Norbert D. Orlowski'
Joseph F. Pezzino
Paul S. Pfeiffer
Zeldon M. Presant
Marv Lou Rath
Beverly J. Rich
Frank A. Rubino
Louis N. Taravella
Lana A. Westphal
Donald R. White
TOTAL: 19
ADOPTED
No.175
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:
Peter Barone
Bridget M. Carpino
Anne Forti-Sctarrino
Kathleen A. Gregoire
Lawrence D. Jasinski
Robert M. McNamara
Pamela A. Meyer
James Pajak
Andrew SanFilippo
Pamela Stanley
Helen M. Ferrentino
Sheila M. Gervase
James B. Gomes
TOTAL: 13
ADOPTED
UNFINISHED BUSINESS
No.176
CLAIM PERS. INJURY - P. JARRETT VS. CITY ($7,500) (COM. 98, C.C.P., JAN. 22,
1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 98, C.C.P., JAN. 22 1991, CLAIM
PERS. INJURY - P. JARRETT' VS. CITY ($7,500) OFF THE TABLE. SECONDED BY MR.
PERLA.
ADOPTED
MR. HIGGINS MOVED THAT THE ABOVE ITEM BE APPROVED. SECONDED BY MR. BAKOS.
PASSED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 10
NOES- FAHEY-1.
No.177
BOND RES. - $235,000 - CITY HALL PLUMBING
(COM. 180, C.C.P., FEB. 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 180, C.C.P., FEB. 5, 1991, BOND
RES. - $235,000 - CITY HALL PLUMBING OFF THE TABLE. SECONDED BY MR. RUTECKI
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED SECONDED BY MR. AMOS.
PASSED
AYES-13 NOES-0.
No.178.
BOND RES. - $330,000- RECONSTRUCT. FIRE IRS.
(CON. 181, C.C.P., FEB. 5, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 181, C.C.P., FEB. 5, 1991, BOND
RES. - $33 ,000 - RECONSTRUCT. FIRE HERS. OFF THE TABLE. SECONDED BY MR.
RUTECKI
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. RUTECKI
PASSED
AYES-12 NOES-0.
No.179
ORDINANCE. AMEND. - CH. 96 - ADVERTISE. OF BIDS
(COM. 187, C.C.P., FEB. 5, 1991)
(COM. 8, C.C.P., FEB. 13, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 8, C.C.P., FEB. 13, 1991, ORDINANCE.
AMEND. - CH. 96 - ADVERTISE MENT OF BIDS OFF THE TABLE. SECONDED BY MR.
HIGGINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED SECONDED BY MR. PERLA
PASSED
AYES-12 NOES-0
No.180
ORDINANCE. AMEND. CH. 175 - FEES/PRESERVATION STDS.
(COM. 188, C.C.P., FEB. 5, 1991)
(COM. 9, C.C.P., FEB. 13, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 9, C.C.P., FEB. 13, 1991,
ORDINANCE. AMEND. - CH. 175 - FEES/PRESERVATION STDS. OFF THE TABLE. SECONDED
BY MR. BAKOS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. AMOS
PASSED
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 8
NOES- COLLINS, COPPOLA, PITTS, RUTECKI-4.
No.181
ORDINANCE. AMENDMENT. - CH. 189 - FLOOD DAMAGE PREVENTION
(COM. 189, C.C.P., FEB. 5, 1991)
(COM. 10, C.C.P., FEB. 13, 1991)
MR. FAHEY MOVED TO TAKE ITEM NO. 10, C.C.P., FEB. 13, 1991, ORDINANCE.
AMEND. - CH. 189 - FLOOD DAMAGE PREVENTION OFF THE TABLE. SECONDED BY MR.
PITTS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. PITTS
PASSED
AYES-12 NOES-0.
No.182
ORDINANCE. AMEND. - CH. 337 - PRESERVATION. STANDARDS (COM. 190, C.C.P., FEB.
5, 1991) (COM. 11, C.C.P., FEB. 13, 1991
MR. FAHEY MOVED TO TAKE ITEM NO. 11, C.C.P., FEB. 13, 1991, ORDINANCE.
AMEND. - CH. 337 - PRESERVATION. STANDARDS OFF THE TABLE. SECONDED BY MR.
HIGGINS
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE APPROVED
SECONDED BY MR. PERLA
PASSED
AYES-12 NOES-0.
No.183
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, February 26, 1991 9:30 AM
FINANCE Tuesday, February 26,1991
Immediately Following Civil Service
LEGISLATION Tuesday, February 26,1991 2:00 PM
ECONOMIC DEVELOPMENT Wednesday, February 27,1991, 10:00 AM
ANCILLARY COMMITTEES
ERIE BASIN MARINA/PUBLIC HEARING Thursday, Feb. 21, 1991 6:00
PM
FINANCE/PUBLIC HEARING Monday, February 25, 1991 6:00 PM
childhood education
No.184
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. COLLINS THE COUNCIL
ADJOURNED AT 3:45 P.M.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.
PENSION PROCEEDINGS
MEETING NO. 2
MAYOR'S OFFICE CITY HALL
FEBRUARY 22, 19 91 At 11 am.
BOARD OF FIREMEN'S AND POLICE PENSIONS
PRESENT JAMES D. GRIFFIN, MAYOR: R. MICHAEL MCNAMARA-,DEPUTY
COMPTROLLER-2
ABSENT GEORGE K. ARTHUR ARTHUR-COUNCIL PRES.-1
No. 1
I transmit herewith the pension payroll for the Fire Pension Fund
for the month of February, 1991 amounting to $41,845.22 and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
No. 2
II transmit herewith the pension payroll for the Police Pension
fund for the month of February 1991 amounting to $ 53,414.65 and respectfully
request that checks be drawn to the order, the persons named herein for the
amounts stated.
Adopted
AYES-2. NOES-0
No. 3
On motion by Mr. McNamara , the city of Buffalo Police and Firemen's
Pension Board meeting adjourned at 11:06 am.