HomeMy WebLinkAbout91-0305
1No.5
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 5, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. 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, Brian M. Higgins, Eugene M. Fahey, 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
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., 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, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/DEsignee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairpewrson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt,Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, March 5, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Rutecki - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. ,the minutes of the stated meeting
held February 19, 1991, were approved
FROM THE MAYOR
No. 1
REAPPOINTMENT OF MEMBERS OF BROADWAY~ MARKET BOARD OF DIRECTORS
Please be advised that the terms of Messrs.. Ruffino, Jasinski and
Mavica, members of the Broadway Market's Board of Directors have expired
effective January 1, 1991.
I hereby reappoint the following members:
Thomas Ruffino Term expires 12/31/1993
370 LeBrun
Amherst, New York14226
Frank Mavica Term expires 12/31/1992
17 Sweetbay Lane
Williamsville, New York 14221
Stan Jasinski Term expires 12/31/1992
102 Old Meadow Rd.
E Amherst, New York 14051
I hereby certify that all individuals are fully qualified for
appointment as members of the Broadway Market Board of Directors.
RECEIVED AND FILED
No. 2
Reappointment of member
of Committee for Youth
Pursuant to the powers vested in me by Section 285-27 of the Charter
of the City of Buffalo, as amended, I hereby reappoint Michael Cercone,
residing at 186 Admiral Road, Buffalo - 14216, as a member of the Committee for
Youth for a term expiring December 17, 1994.
I hereby certify that Michael Cercone is fully qualified for
reappointment to the Committee for Youth.
RECEIVED AND FILED
No. 3
Reappointment of member Buffalo Environmental
Management Commission
Pursuant to the powers vested in me by Section 318.2 of the Charter
of the City of Buffalo, as amended, I hereby reappoint John Carney, residing at
118 Ryan Street, Buffalo - 14210, as a member of the Buffalo Environmental
Management Commission for a term expiring January 8, 1993.
I hereby certify that John Carney is fully qualified to serve as a member
of the Buffalo Environmental Management Commission.
RECEIVED AND FILED
No. 4
Reappointment of member
of Emergency Medical
Services Board
Pursuant to the powers vested in me by Section 6 of Chapter 72
of Part II of the Code of the City of Buffalo, I hereby reappoint Deputy Fire
Commissioner James N. Bulger, residing at 53 Donald Drive, West Seneca, New
York - 14224, as a member of the Emergency Medical Services Board for a term
expiring February 19, 1994.
I hereby certify that Deputy Fire Commissioner James N. Bulger is fully
qualified to serve as a member of the Emergency Medical Services Board.
RECEIVED AND FILED
No. 5
REAPPOINTMENT OF MEMBER OF COMMITTEE OF SUBSTANCE ABUSE SERVICES
Pursuant to the powers vested in me by Section 285.27 of Article
14A of the Charter of the City of Buffalo, I hereby reappoint Christine M.
Giardina, residing at 1053 West Avenue, Buffalo, 14213, as a member of the
Committee of Substance Abuse services for a term expiring January 31, 1995.
I hereby certify that Christine M. Giardina is fully qualified for
reappointment to the Committee of Substance Abuse Services.
RECEIVED AN FILED
No. 6
Deputy Commissioners of Fire-Local Law
As you are aware, the fiscal impact upon the City of reduced State
aid promises to be grim. In these harsh economic times, it is incumbent upon
us to conserve resources whenever and wherever possible.
Surely, one area in which the City could exercise fiscal prudence would
be a charter amendment giving some flexibility in the number of Deputy Fire
Commissioners appointed. I would respectfully suggest that the charter be
amended to require a minimum of two (2) and a maximum of four (4) Deputy
Commissioners. In my judgment, the Fire Department has operated efficiently in
recent years with two Deputy Commissioners. It makes no sense to fill two
additional senior positions when we have neither the pressing need nor the
resources to pay for them. The proposal would nonetheless allow the
appointment of two additional Deputy Commissioners if conditions change.
Council Member Pitts has been kind enough to lend his name to the
legislation enclosed which would accomplish this end. The Councilman has made
it clear to me that his sponsorship does not mean that he is in favor of such
legislation.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 7
R. Jones - Request to use
1325 Kensington Ave. for seafood
store with take-out restaurant.
Item No. 91, C.C.P. 2/19/91
The City Planning Board at its regular meeting held Tuesday, February
26, 1991 considered the above application pursuant to section 511-65 - the
Kensington-Bailey Business District.
The applicant seeks to convert an existing vacant store into a seafood
market with a takeout restaurant function.
The site is located in the Kensington District which considers eating and
drinking establishments (i.e. takeout services) to be restricted uses which
require the approval of Your Honorable Body. The proposed renovation involves
approximately 2,296 square feet of floor area, suggesting 15 off-street
parking spaces. It should be noted that there are abundant off-street parking
facilities in the vicinity of the site.
Under S.E.Q.R., the matter may be considered an unlisted action which may
be studied via uncoordinated review.
The Planning Board voted to approve the application on the condition that
the applicant conforms to the accessory sign regulations in the
Kensington-Bailey District.
RECEIVED AND FILED
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 8
MEM0RIALIZE STATE LEGISLATURE T0 GRANT PERMISSI0N T0 THE CITY 0F BUFFAL0 T0
CHARGE ADMISSI0N USER FEE AT CITY-OWNED SP0RTS & ENTERTAINMENT FACILITIES
Item #161 C.C.P., February 19, 1991
Responding to Item #161, C.C.P. dated February 19, 1991 "Memorial
Auditorium User Fees", aka admission tax, as of this writing the Board of
Stadium and Auditorium has not had the time to meet and review this item to
submit an official opinion.
It must be pointed out that sporting events under present New York State
statute are already paying an 8% admission sales tax, while events considered
cultural in nature are not taxed. These events include family entertainment
such as ice shows and circuses, all concerts, from Kenny Rogers to "Twisted
Sister" are non-taxable.
In addition to the sales tax, depending if the ticket was purchased
outside the facility from an independent ticket agency, the purchaser must pay
a service charge averaging $2.00 per ticket. For example, N.B.A. Exhibition
game with tickets sold through Ticketron - Price of Ticket $15.00
Ticketron Service Charge . 2.00
$17.00
State & County 8% Sales Tax 1.36
Proposed City User Fee/Tax 50
$18.86 Total
The purchaser/patron would be paying 25% above the face value of the
ticket, this on top of an 8% sales tax on all concession items purchased at the
facility!
If the Auditorium and Pilot Field were. to retain a small percent of the
8% sales tax already in place, and generated by their respective events, it
would be a tremendous addition to operating capital for improvements, debt
service and other operating costs.
A positional response will be forthcoming from the Board of Stadium and
Auditorium following their next meeting.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BOARD OF PARKING
No. 9
Transfer of Funds:
(440-410-030) To:
General City Revenue Account
The Board of Parking and the Directors of Buffalo Civic Auto Ramps,
Inc. have both unanimously passed resolutions recommending the transfer of
$384,915.00 from the Maintenance Reserve Fund Account Number 440-410-030 to
General City Revenue Accounts to help meet the debt service on the new Eagle
parking ramp now under construction. The current balance in the account is
$2,323,427.00. This action is recommended in lieu of an 'increase in parking
rates which the Parking Board feels is not advantageous at this time.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 10
Gaynor Assoc. - Install
Monitoring we!Is
523 Broadway
Item No. 85, C.C.P. 2/19/91
I am responding on behalf of the Environmental Management Commission
to a Common Council referral regarding a request' from a contractor for Mobil
Oil, who wishes to install monitoring wells on City property at 523 Broadway.
The Commission cannot comment on the legal aspects of the Mobil request.
Regarding, however, the environmental aspects, leaking petroleum products have
contaminated soil and possibly ground water in the vicinity of a former
gasoline service station owned by Mobil. Mobil excavated the tanks after the
leak was discovered, but before submitting the project to the active oversight
of the New York State Department of Environmental Conservation. The requested
wells are part of a testing program now being overseen by the Department of
Environmental Conservation.
Leaks from storage tanks at inactive service stations are an on-going
problem, chiefly because they are expensive to remove, but pose contamination
dangers to surrounding land, the combined sewer system, and ground water. The
wells on City property will assist in designing a program for a required
clean-up by Mobil, which will be under the general oversight of the DEC, and
which would, if necessary, extend beyond the boundaries of the service station
property. Please advise me if the Council would like anything else from the
Commission in this regard.
RECEIVED AND FILED
No. 11
Request. Draft Recycled Paper Ordinance.
Item No. 167, C.C.P. 2/19/91
The Common Council has referred a resolution focusing on the preferential
purchase of recycled paper to the environmental Management Commission.
The Commission has in the past supported a similar measure before your
Honorable Body. In its 1990 State of the Environment Report, which focuses on
the problem of municipal solid waste management, the Commission highlights the
importance of recycling to effective waste management, and the importance of
recyclable markets to effective recycling. In the Report, after examining the
issue in detail, the Commission recommends that the City "adopt in its
purchasing policies, and by local law if necessary, a preference for
post-consumer recycled paper where possible".
Because of the Commission's enthusiasm for the idea of recycled paper
purchases, and because of the complex technical and economic issues associated
with the utilization of recycled paper, the Commission has asked that I state
its eagerness to participate in any way which the Common Council may find
useful as it works on this issue.
RECEIVED AND FILED
CITIZEN'S ADVISORY COMMITTEE
No. 12
Ord. Amend. - Ch. 6 -PowersDuties Item No. 159 C.C.P. February 20, 1991
The Citizens' Advisory Committee has for some time been supportive
of the notion of an annual 1% capital budget set-aside for urban beautification
and public art. In 1988, the Committee recommended the formalization of the 1%
set-aside as City budget policy. On other occasions, CAC has recommended
projects which closely correspond to the concept under consideration.
Although the Committee continues to see such activities as valuable and
desirable, our enthusiasm has been tempered by the current state of the City's
finances.
Nonetheless, as a matter of principle, the Citizens' Advisory Committee's
Capital Budget Subcommittee supports the proposed ordinance amendment. We look
forward to an improvement in the City's fiscal outlook when the 1% rule might
be fully applied and appreciated.
Thank you for the opportunity to express our views on this important matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO ARTS COMMISSION
No. 13
Ordinance Amendment
CHAPTER 6- POWERS AND DUTIES
Item 1/159, C.C.P.2/l9/91
A proposed Ordinance Amendment to be added to that section of
the City of Buffalo (Chpt. 6 sec. 29) Code describing Powers and Duties of the
Buffalo Arts Commission has been referred to this office for comment. This
Ordinance Amendment sponsored by Councilman Fahey has the full support of the
City Arts Commission and is consistent with its purposes already defined in the
Ordinances.
Over the past two decades "% for Art "Ordinances have been adopted by
many other progressive American Cities. According to a 1987 survey funded by
the National Endowment for the Arts, 98 municipalities are routinely financing
public art projects with a percentage of Cities' capital funds dedicated
towards this purpose. The precise form of this class of legislation varies in
as many ways as there are local governments employing different legal
mechanisms. Other Cities, for example, mandate a fixed percentage (often
exceeding 1%) for new capital construction projects to include public art or
other forms of aesthetic enhancement. In large measure, this requirement has
produced the considerable diversity of outdoor sculpture, contemporary art in
landscape designs, renovated monuments and other aesthetic improvements
apparent throughout revitalized urban areas across the Country. As a result of
extensive research and close monitoring of other Cities' progress with these
different types of legislation, the City Arts Commission is determined to keep
Buffalo's application of this funding mechanism simple and not controversial.
The Ordinance Amendment before your Honorable Body does not mandate
annual expenditures at any prescribed level. It simply outlines a definite
procedure and financial guide to be used during the City budget process. As a
practical result the Arts Commission would make its capital budget request to
the C.A.C. Using l% as a guide; that request would then be reviewed and voted
on in accordance with the standard procedure for annual adoption of the City
budget. Given the City of Buffalo's fiscal constraints we do not feel it is
appropriate to mandate capital budget appropriations for artwork or any other
purpose.
As Your Honorable Body is aware the City Art Commission has undertaken
reconstruction and restoration projects for select City owned artwork such as
the Indian Hunter Statue at Delaware Park, the Murals and Presidential Statues
at City Hall, plus others underway. These projects have been funded by prior
years' City capital funds. We are presently engaged in a planning study with
the State University College of Buffalo Conservation Department which will
result in a city-wide technical assessment and prioritizing of conservation
needs for statuary, monuments, memorials and public art. As a matter of policy
the Arts Commission believes that approved capital budget allocations in
accordance with the proposed Ordinance Amendment should be directed to the
City's present conservation needs as a priority. Further, this study which will
be assisted with a grant from the National Institute for the Conservation of
Cultural Property shall outline a five year capital plan for the restoration of
City owned artwork. The % for art legislation would provide reliable budget
parameters for this purpose. Finally, the Arts Commission has committed to work
with the C.A.C. In the review of any and all capital projects into the future
which stand to benefit from the inclusion of public art in building
construction, reconstruction and landscaping plans.
Elisabeth Clarkson, Chair of the Arts Commission and myself will be in
attendance at the next Legislation Committee meeting of the Common Council to
answer any questions and provide additional information as needed. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
No. 14
Please be advised that I am appointing the individual named below
to the citizens Funding Review committee:
Mary Jo Hunt
6 Middlesex Road
Buffalo, New York 14216
Home: 876-1178
Work: 881-5150 Ext. 313
RECEIVED AND FILED
No. 15
COMPREHENSIVE ANNUAL FINANCIAL REPORT F0R FISCAL YEAR ENDED JUNE 30, 1990
Submitted herewith is the Comprehensive Annual Financial Report
of the Comptroller of the City of Buffalo for the fiscal year ended June 30,
1990. Included therein is the Audit Report of Ernst and Young, Certified
Public Accountants.
Pursuant to Section 35 of the General Municipal Law, the Common Council
may, at its discretion, prepare a written response to this report and file such
response with the City Clerk as a public record not later than June 3, 1991.
REFERRED TO THE COMMITTEE ON FINANCE
No. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - GENERAL FUND
DIVISION OF PARKING ENFORCEMENT
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 $35,000 be transferred and reappropriated from various accounts in
Appropriation Allotments -Miscellaneous Charges and Regular Departments, as set
forth below:
The amounts to be transferred are unexpended bal 5.00
Nichter Associates, Inc.
2153 Niagara Street
Buffalo, New York 14207 $ 189,000.00
Louis Migliore Construction Co., Inc.
787 Military Road
Buffalo, New York 14217 $ 211,470.00
Erie Painting& Maintenance, Inc.
991 Aero Drive
Cheektowaga, New York 14225 $ 234,350.00
Hudson-Rumsey Company, Inc.
1679 Niagara Street
Buffalo, New York 14207 $ 242,730.00
International Chimney Corporation
55 South Long Street, Box 260
Buffalo, New York 14231$ 358,141.00$361,992.00
I hereby certify that the lowest responsible bidder for the above project
is Patterson-Stevens, Inc., 400 Sawyer Avenue, P0 Box 117, Tonawanda, New York
based on their quotation of $164,508.00.
*Mathematical calculations incorrect
The engineer's estimate for this work was $200,000.00. Funds for this
work are available in the Division of Water's Operational and Maintenance
Budget, Account Number 014-00-560.
As of this date I have awarded the contract for the above work to
Patterson-Stevens, Inc.
This communication is for informational purposes only.
RECEIVED AND FILED
No. 42
Change in Contract - Change Order #3 Elmwood Avenue Traffic Improvements
Contract #91584800
M.Falgiano Construction Company, Inc.
I hereby submit to your Honorable Body the following cost plus
addition to the Contract for the above named project.
New Item No. Description Cost Plus Not to Exceed Amount
90.910 Excavation and Pavement $23,000
Restoration for City Owned
Telephone Conduit
Necessity and Description of this Additional Work:
The Division of Buildings, along with Buffalo Fire and Police, have been
attempting to utilize City owned conduit installed by MCI a few years ago.
Connecting radio tie lines that will provide Buffalo Police with "scrambled"
radio transmissions are planned to be initially installed. This scrambled
radio system will be utilized by the Buffalo police Department Narcotics Squad.
Net monetary savings to the Division of Buildings for this City owned
line verses leased line costs will be $12,000 a year.
Contract Summary
Original Amount of Contract$366,663.00
Change Order #114,869.00
Change Order #26,210.50
Change Order #323,000.00
New Amount of Contract$410,742.50
Funds for this additional work ($23,000) are available in Division of
Engineering Capital Projects Fund 200-401-541 and Department of Treasury T&A
Account 630-065-217. This work will not require an extension of time.
The second low bidder for this Contract was M.Passucci Construction in
the base bid amount of $436,116.
I hereby certify that this change order is fair and equitable for the
work involved and respectfully request that your Honorable Body approve the
above change order and authorize the Commissioner of Public Works to issue said
change order to M. Falgiano Construction Co., Inc.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works be and the
same hereby is received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to M. Falgiano Construction Company, Inc. in the amount of
$23,000.00 for additional work under Contract #91584800 for work relating to
Elmwood Avenue Traffic Improvements, with said cost to be charged against the
Division of Engineering Capital Projects Fund 200-401-541 and Department of
Treasury T & A Account 630-065-217 accounts.
PASSED
AYES 13 NOES-0
No. 43
MODIFICATIONS TO JEFFERSON AVENUE
WATERMAIN PROJECT
No. 33, C.C.P. of July 31, 1990
Per authorization contained in the above resolution I, the Commission
of Public Works engaged the services of a consulting engineer, Hayden/Wegman,
to prepare plans and specifications to clean and cement line the 6 inch
WATERMAIN in Jefferson avenue from Best Street to Williams Street. While the
consultant was preparing the plans, it was determined that the six inch
WATERMAIN in Jefferson avenue between Best Street and William Street was
leaking in numerous locations, Upon further investigation, excavations were
made and it was determined that the pipe was in poor condition. Recommendation
has been made to replace it.
Further investigation has also revealed that the pavement area in Best Street
that is to be reconstructed from Peach Street to Timon Street has an existing
ten inch line that should be cleaned and cement lined prior to the street being
reconstructed.
It was also determined that from Grape Street to Jefferson Avenue there is a
four inch watermain.
The following modifications are proposed:
(1) That the six inch watermain in Jefferson Avenue from High Street to William
Street be replaced with a new ten inch watermain.
(2) That the four inch watermain in Best Street from Grape Street to
Jefferson Avenue be abandoned and that the existing water service connections
be transferred to the ten inch main in Best Street
(3) That the ten inch watermain in Best Street from Peach Street to Timon
Street be cleaned and cement lined..
It is respectfully requested that the above modifications be approved by your
Honorable Body and that authorization be granted to the Commissioner of Public
Works to install the ten inch watermain in Jefferson Avenue from Best Street to
William Street and clean and cement line the ten inch watermain in Best Street
from Peach Street to Timon Street as specified in the above communication.
Additional funds are available in the Division of Water's 405 Capital Projects
Fund-502 Account.
It is respectfully requested that you give immediate approval to this request
as the consultant is preparing to go out for bid on this projects
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
February 26, 1991 be received and filed; and
That the following modifications to the Jefferson Avenue Watermain
Project be and they hereby are approved:
1.) That the six inch watermain in Jefferson Avenue from High Street to
William Street be replaced with a new ten inch watermain;
2.) That the four inch watermain in Best Street from Grape Street to
Jefferson Avenue be abandoned and that the existing water service connections
be transferred to the ten inch main in Best Street;
3.) That the ten inch watermain in Best Street from Peach Street to Timon
Street be cleaned and cement lined;
4.) That a ten inch watermain be installed in Jefferson Avenue from Best
Street to William Street;
5.) That the ten inch watermain in Best Street from Peach Street to Timon
Street be cleaned and cement lined.
PASSED.
AYES- 13 NOES-0
No. 44
Notification Serial #8182 and #8183
This communication explains the attached Notification Serial
Numbers.
8183
Lower Terrace north side (Install Handicapped Parking
between Main Street
and Pearl Street
8182
Lower Terrace north side (Repeal No Standing
between Main Street and
Pearl Street
RECEIVED AND FILED
No. 45
NotificationSerialNo 8182
Filed with City Clerk: 2/28/91
For Council Meeting: 3/5/91
NO STANDING- REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY
Lower Terrace Between Main St. and Pearl St.
north side
Notification Serial No.: 8183
Filed with City Clerk: 2/28/91
For Council Meeting: 3/5/91
HANDICAPPED 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 49 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PARKING
HANDICAPPED PARKING LOCATION PERIOD OF PARKING
Lower Terrace Daily
north side
Between Main St. and Pearl St.
RECEIVED AND FILED
No. 46
Permission to install Sidewalk Cafe at 1341 Hertel Avenue.
Constance M. Brunn, owner of T.J.'s Steak Hoagy, located at 1341
Hertel Avenue, has requested permission to install a sidewalk cafe which
encroaches city right of way at said address.
The proposed cafe would measure thirteen feet in length and project nine
feet from the building face into city right of way.
The Department of Public Works has reviewed Ms. Brunn's application
pursuant to Chapter 413 Section 59 (sidewalk cafes) of the City Charter and has
no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation provided the following
conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirteen feet in length or extend
more than nine feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article Ix Section 59 (Sidewalk Cafes) of the City Charter.
7. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
Permission to install Sidewalk Cafe at 1430 Hertel Avenue
Mr. Edward C. Robinson, acting as agent for Bertha's Restaurant, located
at 1430 Hertel Avenue, has requested permission to install a sidewalk cafe
which encroaches city right of way at said address.
The proposed sidewalk cafe would measure sixteen feet in length and
project ten feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Robinson's application
pursuant to Chapter 413 Section 59 (sidewalk cafes) of the City Charter and has
no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation provided:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed sixteen feet in length or extend
more than ten feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Charter.
7. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSION OF COMMUNITY DEVELOPMENT
No. 47
Permission install Sidewalk Cafe at 1430 Hertel Avenue
Mr. Edward C. Robinson, acting as agent for Bertha's Restaurant
located at 1430 Hertel Avenue, has requested permission to install a sidewalk
cafe which encroaches city right of way at said address.
The proposed sidewalk cafe would measure sixteen feet in length and project
ten feet from the building face into City right of way.
The Department of Public Works has reviewed Mr. Robinson's application pursuant
to Chapter 413, Section 59 (sidewalk cafes) of the City Charter and has no
objection to your Honorable Body authorizing the Commission of Public Works to
issue a "Mere License" for said installation provided:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on the plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the Sidewalk cafe does not exceed sixteen feet in length or extend more
than ten feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or permanently
affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of one dollar per square foot
of City right of way occupied by said sidewalk cafe as described Chapter 413
Article IX Section 59 (sidewalk cafes) of the City Charter.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising our of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSION OF COMMUNITY DEVELOPMENT
No. 48
Matusick, Spadafora & Verrasto-Request Permission to Encroach City Right of Way
at Niagara and Virginia Streets right of way at Niagara and Virginia
Mr. Anthony J. Cartonia Jr., Architect, acting as agent for the
law firm of Matusick, Spadafora & Verrasto, 42 Delaware Avenue, has requested
permission to encroach city right of way at the Southeast corner of Niagara and
Virginia Streets.
The law firm of Matusick, Spadafora & Verrasto owns the property located
at Niagara and Virginia Streets and proposes to construct a two story office
building at that location.
Because the proposed office building would be constructed on the property
line, two encroachments into city right of way would occur. The first
encroachment would be an emergency exit door located on the Virginia Street
side of the property which, when opened, would encroach three (3) feet of city
right of way. The second encroachment, which is temporary, would occur during
construction of the proposed office building. Because the footing of the
proposed building would be located on the property line, a retaining wall would
be necessary to protect workers from a collapse of the surrounding earth. The
proposed retaining wall would be constructed of sheet piling, encroach six (6)
feet of city right of way. Be installed fourteen (14) feet below grade, and be
completely removed upon completion of the basement of said office building.
The Department of Public works has reviewed Mr. Cartonia's application
pursuant to Chapter 413 Section 67 (encroachment regulations) of the City
charter and has no objection to your Honorable body authorizing the
Commissioner of Public Works to issue a "Mere License" for said encroachments
provided the following conditions are met:
1. That the applicant obtain any and all other City of
Buffalo permits necessary for said installations.
2. That the emergency exit door and retaining wall be installed exactly as
shown on plans submitted to and approved by the Department of Public works,.
Division of Buildings
3. That the applicant be responsible for locating any and all existing
underground utilities, and that any utilities that must be relocated to
accommodate the retaining wall is also solely the applicants responsibility.
4. That the retaining wall be completely removed from city right of way upon
completion of the basement portion of said office building.
5. 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 either the emergency exit door or retaining wall.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 49
"Amend City Traffic Ordinance
Chapter 479, Section 15.48"
Regarding the above captioned subject, please be advised that
I have spoken with Philip F. Frandina, Chairman of the Transportation Advisory
Board, and have discussed this situation with him. Per the attached letter, he
has called a meeting of the Transportation Advisory Board for Thursday, March
7, 1991 at 3:00 P.M. in room 502 City Hall to discuss this matter. I will be
in attendance and by copy of this letter to the Corporation Counsel, Parking
Enforcement and Council Staff, I would hope that they would be in attendance so
we can give any recommendation to the Transportation Advisory Board at that
time.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 50
University Heights Community Center required Easements into & over portions of
Main Street, Heath St. & Coyle Alley.
In order to facilitate the construction of the proposed University
Heights Community Center, the Architect Consultants for the project have
requested certain easements within and above the right-of-way of portions of
Main Street, Heath Street and Coyle Alley. As Commissioner of Public Works, I
have determined these easements to be necessary, reasonable and proper for the
proposed project and I herein recommend that Your Honorable Body grant the
following easement and reserve their use to the University Heights Community
Center under jurisdiction of the Division of Buildings of the Department of
Public Works.
Parcel No. 1 - A Permanent Easement within the Right-of-ways of Main Street and
Heath Street for the construction of building footings and foundation walls
within the following described limits:
Beginning at the point of intersection of the southwesterly line Heath
Street with the northwesterly line of Main Street and running thence
southwesterly and along the northwesterly line of Main Street eighty six and
fifty hundredths (86.50) feet, to a point;
Running thence southeasterly and at right angles to Main Street four
(4.00) feet, to a point;
Running thence northeasterly and parallel to the northwesterly line of
Main Street twenty three (23.00) feet: to a point;
Running thence southeasterly and at right angles to Main Street four and
sixty seven hundredths (4.67) feet, to a point;
Running thence northeasterly and parallel to the northwesterly line of
Main Street forty and thirty three hundredths (40.33) feet to a point;
Running thence northwesterly and at right angles to Main Street four and
sixty seven hundredths (4.67) feet to a point;
Running thence northeasterly and along a line drawn parallel to and four
(4.00) feet southeast of the northwesterly line of Main Street, as measured at
right angles thereto, to its intersection with a line drawn parallel to and one
(1.00) foot northeast of the southwesterly line of Heath Street, as measured at
right angles thereto;
Running thence northwesterly and along a line drawn parallel to the
southwesterly line of Heath Street two hundred four and thirty one hundredths
(204.31) feet, to a point;
Running thence southwesterly and at right angles to the southwesterly
line of Heath Street, one (1.00) foot to a point in the southwesterly line of
Heath Street;
Running thence southeasterly and along the southwesterly line of Heath
Street two hundred and twelve hundredths (200.12) feet to the point of
beginning.
Parcel No. 2 - A Permanent Easement to the Air Rights above a portion of the
Right-of-Way of Heath Street for the construction of a projection of a proposed
University Heights Community Center Building within the following described
limits:
Beginning at a point in the southwesterly line of Heath Street ninety
three and twenty hundredths (93.20) feet northwest of the intersection of the
northwesterly line of Main Street with the southwesterly line of Heath Street
and running thence northeasterly and at right angles to Heath Street six and
fifty hundredths (6.50) feet, to a point;
Running thence northwesterly and parallel to the southwesterly line of
Heath Street seventy one and seventy five hundredths (71.75) feet, to a point;
Running thence southwesterly along a line drawn at right angles to Heath
Street six and fifty hundredths (6.50) feet to a point in the southwesterly
line of Heath Street;
Running thence southeasterly and along the southwesterly line of Heath
Street seventy one and seventy five hundredths (71.75) feet to the point of
beginning, the minimum clearance between the lowest portion of said projection
and the established finished grade of the Heath Street sidewalk area shall be
fourteen (14.0) feet Parcel No. 3 - A Permanent Easement for Air Rights over a
portion of the Right-of-Way of Main Street for the construction of a projection
of the University Heights Community Center and a permanent ground Easement for
the necessary supporting columns or piers within the following described
limits:
Beginning at a point in the northwesterly line of Main Street twenty-six
and thirty three hundredths (26.33) feet southwest of the intersection of the
northwesterly line of Main Street with the southwesterly line of Heath Street
and running thence southeasterly and at right angles to the northwesterly line
of Main Street six and thirty-three hundredths (6.33) feet to a point;
Running thence southwest and parallel to the northwesterly line of Main
Street thirty four (34.00) feet, to a point;
Running thence northwest and at right angles to the northwesterly line of
Main Street six and thirty-three hundredths (6.33) feet, to a point in the
northwesterly line of Main Street;
Running thence northeast along the northwesterly line of Main Street
thirty-four (34.00) feet to the point of beginning.
Parcel No. 4 - A permanent Easement to the air rights above Coyle Alley for the
construction of a portion of the University Heights Community Center Building
over Coyle Alley within the Following described limits;
Beginning at the point of intersection of the southwesterly line of Heath
Street with the southeasterly line of Coyle Alley and running thence
southwesterly and along the southeasterly line of Coyle Alley sixty-four and
ninety-two hundredths (64.92) feet to a point;
Running thence northwesterly and at right angles to the southeasterly
line of Coyle Alley sixteen (16.00) feet, to a point in the northwesterly line
of Coyle Alley.
Running thence northeasterly and along the northwesterly line of Coyle
Alley sixty-four and ninety-two hundredths (64.92) feet to a point in the
southwesterly line of Heath Street.
Running thence southeasterly and along the southwesterly line of Heath
Street sixteen (16.00) feet to the point of beginning, the minimum clearance
between the pavement grade of Coyle Alley and the lowest portion of the
proposed construction or its appendages shall be fourteen (14.00) feet.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
No. 51
Certificate of Appointment
Appointment to become effective 2/25/91 in the Department of Public
Works, Division of Water, James W. Comerford, 67 Strathmore Ave., Buffalo, NY
14220 to the position of Heavy equipment Operator, permanent at the maximum
salary of $23,368
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 52
Certificate of Appointment
Appointment to become effective 2/19/91 in the Department of Public
Works, Division of Buildings, Paul J. McDonnell, 267 Bedford Ave., Buffalo, NY
14216 to the position of Sr. Architect, permanent at the intermediate salary of
$32,259
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKS
No. 53
Lease Agreement CSIC for Use of JFK Center
For your information-lease agreement for use of JFK Community
Center for CSIC
REFERRED TO THE COMMITTEE ON FINANCE
No. 54
Bids-Citywide Tree Removal - 1991
This department 'prepared plans and specifications and advertised
for sealed proposals for the above project. Bids were opened and publicly read
at 11:00 am. on February 27, 1991 and were as follows:
NAME OF BIDDER -AMOUNT OF BID
C. Mays Tree Experts, Inc.$82,915.00
ABC Tree, Shrub & Landscape Service, Inc.$86,425.00
Advanced Tree Service, Inc.$92,885.00
Asplundh$116,350.00
I hereby certify that C. Mays Tree Experts, Inc. is the lowest responsible
bidder and it is my recommendation that the low bid submitted by C. Mays Tree
Experts, Inc. be accepted and the project be charged to account 60-l Parks
l00-601 -012-00-583.
I hereby certify that the foregoing is a true and correct statement of all bids
received.
Mr. Fahey moved:
That the communication, from the Commissioner of Parks dated February 27, 1991,
be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award a
contract for citywide tree removal - 1991 to C. Mays Tree Experts, Inc., the
lowest responsible bidder, in the amount of $82,915.00, with said cost to be
charged against Account 60-1 Parks l00-60l-012-00-583.
PASSED
AYES-13 NOES-0.
No. 55
Bids-Citywide Tree Stump Removal-l991
This department prepared plans and specifications and advertised
for sealed proposals for the above project. Bids were opened and publicly read
at 11:00 am. on February 27, 1991 and were as follows:
NAME OF BIDDER -AMOUNT OF BID
ABC Tree, Shrub & Landscaping Service, Inc.$13,450.00
Advanced Tree Service$20,025.00
Schneck's Tree Removal$22,495.00
C. Mays Tree Experts, Inc.$22,900.50
Asplundh$35,880.00
I hereby certify that ABC Tree, Shrub and Landscaping Service, Inc. is the
lowest responsible bidder and it is my recommendation that the low bid
submitted by ABC Tree, Shrub and Landscaping Service, Inc. be accepted and the
project be charged to account 60-1 Parks 1O0-601-012-00-583.
I hereby certify that the foregoing is a true and correct statement of
all bids received.
Mr. Fahey moved:
That the communication from the Commissioner of Parks dated February 27,
1991, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for citywide tree stump removal -1991 to ABC Tree, Shrub &
Landscaping Service, Inc., the lowest responsible bidder, in the amount of
$13,450.00, with said cost to be charged against Account 60-1 Parks
100-601-012-00-583.
PASSED.
AYES-13 NOES-0.
FROM THE COMMISSIONER OF POLICE
No. 56
Cancellation of Surety Bonds
It is hereby certified that the commissions of the following named
Special Policemen have been canceled and The $2,500.00 surety bond covering
them is no longer required and should be deemed released as to future liability
in accordance with the provisions of Section 47 of the charter as amended:
Thomas Schofield, Adams Agency, Principal: Western Surety
Joseph R. Hansen, R.J.Diina, Principal: Western Surety
Clarence chappell, W.I.S.E Principal: Western Surety
RECEIVED AND FILED
No. 57
Item # 34 C.C.P. 2/5/91 "Rest. Dancing License. - 561 Forest
In reply to the above-captioned subject I have caused an investigation
to be made. Mr. Mario D. Caruso has no record as evidenced by the enclosed
Identification check done by the Buffalo Police Department.
Based on the approval of the Captain of Pct. 5, Captain Harold Litwin, I am
hereby approving the Restaurant-Dancing License for 561 Forest Avenue, DBA
BOURBON STREET.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 58
Police Dept. Reorganization
Res. # 198, C.C.P. 2/5/91
In response to the above captioned subject, this is to inform
you that I am totally in favor of a reorganization and consolidation of the
Buffalo Police Department.
I would suggest, however, that we should await the results of the survey
conducted by the International Association of Chiefs of Police before any plans
are formulated along these lines. They may have some suggestions on this
subject.
I would also suggest that a smaller Joint Commission be appointed; it is very
difficult to deal with a large number membership as is recommended in this
resolution. I would suggest 8 people rather than 12.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CORPORATION COUNSEL
No. 59
Pro Bono Legal Services
The Erie County Bar Association is attempting to organize a voluntary
pro bono legal services project for governmental attorneys. Should this attempt
fail, the Chief Judge of the Court Appeals will impose a more stringent pro
bono obligation on municipal attorneys.
The President of the Erie County Bar Association, Harold J. Brand, Jr.,
has requested that the City of Buffalo adopt and approve a pro bono policy for
its attorneys. Accordingly, I would respectfully request Your Honorable Body
authorize me to develop and implement a policy for pro bono legal services.
Mr. Fahey moved:
That the communication for the Corporation Counsel dated February 8, 1991 be
received and filed and
That the Corporation Counsel be and he hereby is authorized to develop and
implement a policy of pro bono legal services for attorneys in the City Law
Department; and
That, said pro bono policy, when developed by the corporation Counsel, shall be
resubmitted to the Common Council for approval before it is implemented.
AD0PTED
No. 60
U.S. Corps of Engineers Temporary
ROW Repairs to Lock Wall
No. 93, C.C.P., Feb. 19, 1991
The above communication from the Acting District Director of the
Army Corps of Engineers, requesting a temporary right-of-way over City-owned
land in order to perform repairs on the locks in the Black Rock Canal, has been
referred to this Office for review and opinion.
We have reviewed the proposed right-of-way agreement and find it to be in
proper form. We also find that it contains proper safeguards for the City in
Terms of liability, damage to property and restoration of the property to its
original state after the work is completed. We recommend that you authorize
the mayor to execute it..
RECEIVED AND FILED
No. 61
Rescind Sale of 334 Pratt Street Purchaser: Gus E. Pratchett
Item No. 23, C.C.P., September 6, 1988
By the above-mentioned item, Your Honorable Body authorized the
sale of premises briefly described as above to: Gus E. Pratchett.
Mr. Pratchett has not responded to communications from the Law Department
to effect transfer of said property. Said purchaser was properly informed
regarding forfeiture of his deposit of $75.
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
No. 62
Rescind Sale of 221 Strauss Street Purchaser: Bernice Kyle
Item 260, C.C.P., 5/10/88
By the above-mentioned item, Your Honorable Body authorized the
sale of premises briefly described as above to: Bernice Kyle
Ms. Kyle has not responded to communications from the Law Department to
effect transfer of said property. Said purchaser was properly informed
regarding forfeiture of her deposit of $60.
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
No. 63
Permission to Negotiate Lease for Parking - Precinct 5
Item No. 17, C.C.P., Feb. 19, 1991
The above-referenced communication from the Comptroller has been
referred to the Police Department, the Commissioner of Administration and
Finance, the Committee on Finance, and this Office for an opinion.. It is a
request from the comptroller for authorization to negotiate a lease with the
owner of 313 West Ferry Street for sufficient land to park police cars adjacent
to the precinct house, and' to report back to Your Honorable Body with the
results of those negotiations.
It is appropriate for Your Honorable Body to authorize the Comptroller to
enter into such negotiations. The Comptroller will report back to Your
Honorable Body with a proposed lease and his recommendations thereon. At that
time, the approval of the lease will be governed by Sec. 511 of the Charter.
The approving motion will have to recite the necessity for the property, the
availability of funds therefor, a description of the property and the names of
the owners, and will require a two-thirds vote for approval.
REFERRED TO THE COMMITTEE ON FINANCE
No. 64
Refund Inspection Fee-1190 E. Lovejoy
The above-referenced communication has been referred to the Committee
on Finance, and this Office for an opinion. It is a request for a refund of
the original inspection fee of $45.00 paid by the owners of 1190 E. Lovejoy for
a certificate of Occupancy update because, upon inspection, it was found that
the number of dwelling units needed to be reduced from four to three, and a new
fee of $70.00 was paid with an application for a permit to reduce the number of
units.
Your Honorable Body has the power to refund the fee if you find that the
refund is warranted by the facts. Your Honorable Body should inquire of the
Commissioner of Inspections and Community Revitalization whether a refund is
appropriate in this instance in light of the amount of work performed by the
inspectors.
REFERRED TO THE COMMITTEE ON FINANCE
No. 65
P. Riester - Favor Increase in Fees for Non-City Residents
Item No. 89, C.C.P., Feb. 19, 1991
The above-referenced communication, which advocates that non-resident
slip tenants at Erie Basin Marina be charged rental fees at least 30% higher
than those charged to City residents, has been referred to the Marina Lease
Committee and to this Office for an opinion, with a specific request that we
review the original funding agreement to see if there is anything contained
therein which prohibits charging higher fees to nonresidents.
We have reviewed the original funding agreement on the Erie Basin Marina,
which was a contract between the New York State Department of Conservation and
the City of Buffalo, executed by former Mayor Frank A. Sedita on July 8, 1969.
Under the agreement, the City received $2,000,000 in state aid for the
construction of the Marina. The agreement provides, at paragraph 26 thereof:
"26. The MUNICIPALITY shall not discriminate against any person on the basis
of residence, except to the extent that reasonable differences in admission or
other fees may be maintained on the basis of residence."
The agreement further provides, at paragraph 34 thereof:
"34. Special Provisions . . . Moorings rented on a seasonal basis shall be
awarded to applicants on an equitable basis without regard to residence. Such
contracts shall not exceed one season duration, and no renewal option shall be
given or implied."
It is our opinion that the import of this language is that rental fees
charged to nonresidents may not arbitrarily be increased merely to gain more
revenue from nonresidents, or give a benefit to residents.
REFERRED TO THE MARINA LEASE COMMITTEE
No. 66
Kingsley Park Inactive
Hazardous Waste Disposal
Site #915124
Enclosed is a copy of DEC's estimate of costs associated with
the cleanup of Kingsley Playground. According to the proposed Order on
Consent, a copy of which is enclosed for your information, the City would be
responsible for twenty-five percent (25%) of the following estimated costs:
Workplan/IRM Report $ 61,453.11
Cost of Remediation $925,734.70
Monitoring Well Installation 2,649.00
$989,836.81
The cost for the Workplan/IRM Report ($61,453.11) has already been
incurred by DEC. DEC would expect 25% reimbursement of these costs
($15,363.28) before the end of this fiscal year (June 30, 1991). The costs for
remediation ($925,734.70) and installation of monitoring wells ($2,649.00)
would be incurred by DEC between late spring and earlier summer of this year.
DEC would expect 25% reimbursement of these costs ($232,095.93) during the
early part of our next fiscal year (i .e., after July 1, 1991).
I understand that approximately $100,000 has been set aside by the
Division of Development for this project. An additional $150,000.00 is needed
for this project. Mr. Keenan has informed me that the "Reserve for Capital
Improvement" account would have to be utilized for the additional amount.
Accordingly, I would respectfully request that Your Honorable Body pass a
resolution authorizing the Mayor to execute the consent order. The resolution
should specify that execution of the order is contingent upon the necessary
funding for the project being in place.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
No. 67
Reply to Audit
Item No. 54, C.C.P., Dec. 11, 1990
We have reviewed the list of delinquent PILOT agreements contained
in the comptroller's audit of the Department of Assessment for the period
09-1-88 to (8-31-90. We are taking the necessary legal. steps to effectuate
collection of these delinquent PILOT accounts.
REFERRED TO THE COMMITTEE ON FINANCE
No. 68
R. Jones - Request to use 1325 Kensington Ave. for a seafood store with a
takeout restaurant.
Short E.A.F.
Item No. 91, C.C.P., 2/19/91)
Attached for your information is the Short environmental Assessment
Form for the project captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated February 27, 1991 be received and filed; and
That Item No. 91, C.C.P., February 19, 1991, 1989 "R. JONES - REQUEST TO
USE 1325 KENSINGTON AVENUE FOR A SEAFOOD STORE WITH A takeout RESTAURANT" is an
unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has
approval power over this item, and is therefore an involved agency as defined
in 617.2. As part of an uncoordinated review, the Common Council has evaluated
an Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 69
Permission to Prepare Plans and Specifications, and accept Bids for Various
Parks and Playgrounds
I respectfully request permission to prepare plans and specifications,
and accept bids for renovations and improvements to the following parks and
playgrounds:
South District Parks Willert Park. Beechers Boys Club Play Area Citywide
Playground Improvements
Funds for the above work have been allocated and will be available in the
appropriate Capital Bond Account.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development be
received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to prepare plans and specifications and accept bids for renovations
and improvements for the following parks and playgrounds: South District Parks,
Willert Park, Beecher Boys Club Play Area, and Citywide Playground
Improvements.
ADOPTED
No. 70
Report of Bids - Pilot Field Interim Improvements Phase II General Construction
Rebid
As authorized by Your Honorable Body, Item #186, CCP, October
31, 1989, I advertised for and received the following sealed proposals for
Pilot Field Interim Improvements Phase II Rebid General Construction, which
were publicly opened and read on February 20, 1991:
Bidders Amt of Bid Add Alt. #1
Add Alt. #2
LCP Construction Corp. $ 104,844 $15,000
$12,900
589 Northland Ave
Buffalo, N.Y. 14211
R&R Contracting 106,000 17,313 12,669
2730 Transit Road
West Seneca, N.Y. 14223l
Nichter Associates, Inc. 107,000 17,500 11,750
2153 Niagara Street
Buffalo, N.Y. 14207
Seneca Hawks, Inc. 107,845 14,500 11,260
229 Lake Street
Hamburg, N.Y. 14075
All State Maintenance Co.,Inc. 110,600 16,000 25,000
31 Ransier Drive
West Seneca, N.Y. 14224
Everest, Inc. 113,210 9,483 11,047
707 Erie Avenue
North Tonawanda, N.Y. 14120
Huber Construction, Inc. 117,611 9,625 16,126
P.O. Box 724
Amherst, N.Y. 14226
Gerald T. Stay Co.,Inc . 124,600 19,500 15,300
255 Great Arrow Avenue
Buffalo, N.Y. 14207
The foregoing is a true and correct abstract of all bids received and
lLCP Construction Corp., 589 Northland Avenue, Buffalo, New York, 14211 is the
lowest responsible bidder in accordance with the plans and specifications. The
estimate for all work included above was $110,000.
I recommend that Your Honorable Body authorize the Commissioner of
Community Development to order the work by LCP Construction Corp. in the base
bid amount of $104,844 plus Add Alternate No. 3 amount of $12,900 for a total
award of $117,744.
!An order to have a majority of the work completed prior to the Buffalo
Bison's opening home game on April 17, 1991, your immediate approval of this
item is respectfully requested.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated February 20, 1991 be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for interim improvements - Phase II General
Construction at Pilot Field to LCP Construction Corp., the lowest responsible
bidder, in the amount of $104,844, plus Alternate No. 3 amount of $12,900 with
said costs to be charged against the appropriate account.
PASSED.
AYES -13. NOES-0.
No. 71
Crosby Co. - Rezone 376 Spring
Item No. 94, C.C.P. 2119/91
The Department of Community Development supports the proposed
rezoning of 376, 384, 388, 392, 394 Spring Street as proposed by the Crosby Co.
We understand that the company intends to use this area for parking and future
possible expansion of this metal stamping business. This program to be realized
would strength an intercity employer which has been around since the late
1800's.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 72
Community Wide Urban Renewal Homestead Program Lovejoy-South-Fillmore New
Housing Project Scattered Sites Lester, Harrison, Wilson, Abby Apex Development
& Construction Co., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Apex
Development and Construction Co., and/or a joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 73
CERTIFICATE OF APOPOINTMENT
Appointment to become effective 2/21/91 in the Department of Inspections
and Community Development, Division of Housing and Property Inspections, Joseph
L. Schiavone, 136 Vermont St., Buffalo, NY 14213 to the position of Building
Inspector, provisional at the intermediate salary of $27,418.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 74
"NEGOTIATE PARKING LEASE-PRECINCT 5"
ITEM NO. 17, C.C.P. FEBRUARY 19, 1991
The above referenced item has been referred to this office for
comment. It is a request from the Comptroller to allow his Real Estate
Division to negotiate a lease with 313 West Ferry Inc. for parking for police
officers of Precinct #5.
The Police Department and Real Estate have informed this office of the
owner's desire to have the Police Department pay for the parking spaces it has
been using for a number of years without charge. The departments have been
informed that no funding is appropriated or available for this purpose in the
current fiscal year.
I offer the following comments on this proposal:
l) No payments should begin before July l, 1991, the start of a new fiscal
year.
2) The lease should be for no more than the minimum number of spaces
required by the Police Department.
3) The rate should be negotiated at the lowest market rate for such a
facility. Tom Gallagher can provide advice on this.
4) In light of the City's fiscal condition another appeal should be made to
the landlord to continue the practice of not charging the city for these
parking spaces.
REFERRED TO THE COMMITTEE ON FINANCE
No. 75
"ORDINANCE AMENDMENT-CHAPTER 6
POWERS/DUTIES"
ITEM NO. 159, C.C.P. FEBRUARY 19, 1991
The above referenced resolution has been referred to this office
for comment. It is a proposed ordinance amendment which would require the
Buffalo Arts Commission to annually submit a capital budget request of not less
than 1% of the City's projected capital improvement budget. The request would
be for conservation of city-owned works of art, new works of art and projects
enhancing the general aesthetic appearance of City property.
This resolution presents at least one potential question. specifically,
who would determine the City's projected capital improvement budget so that a
calculation of the 1% amount could be made?
I believe this amendment is not necessary. The Arts Commission the
ability to submit capital budget requests as it deems appropriate. Why should
it be mandated to request an ambiguous minimum amount? No City department has
such a requirement.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 76
Difference in Pay
Police Benevolent Association
Enclosed please find a Memorandum of Agreement between the City
and each of the above referenced unions which would provide a difference in pay
for up to six months to those employees who have been activated as a result of
Operation Desert Shield or Operation Desert Storm.
Your approval is respectfully requested.
Mr. Fahey moved:
That the communication from the Commissioner of Administration and
Finance dated February 28, 1991 be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and the
Unions referenced in the above communication, which would provide a difference
in pay for up to six months to those employees who have been activated as a
result of Operation Desert Shield or Operation Desert Storm, be and it hereby
is approved.
PASSED
AYES-13 NOES-0
No. 77
Difference in Pay
Local 264
Local 650
Enclosed please find a Memorandum of Agreement between the City
and each of the above referenced unions which would provide a difference in pay
for up to six months to those employees who have been activated as a result of
Operation Desert Shield or Operation Desert Storm.
Your approval is respectfully requested.
Mr. Fahey moved:
That the communication from the Commissioner of Administration and
Finance dated March 5, 1991 be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and Local
264 and Local 650 which would provide a difference in pay for up to six months
to those employees who have been activated as a result of Operation Desert
Shield or Operation Desert Storm, be and it hereby is approved.
PASSED.
AYES-13 NOES-0
FROM THE BOARD OF EDUCATION
No. 78
PROPOSED SITE FOR NEW EARLY CHILDH00D CENTER FOR THE BOARD OF EDUCATION
ITEM NO. 77, C.C.P. 2/5/91 ITEM NO. 86, C.C.P. 1/22/91
The War Memorial Stadium site lends itself to forms of development
other than an Early Childhood Center. The kinds of activities thought of for
more mature students and adults, such as; baseball, football, soccer and track
are appropriate for the site but not compatible with an Early Childhood Center.
The huge monoliths of concrete left as vestiges of another time are completely
out of scale with our concept of an Early Childhood Center.
The Board of Education envisions an educational environment for young children
(Pre-K thru Grade 2) much like an Early Childhood Educational Park. The
building elements of the complex will be limited to two stories in height. It
is thought that the student population will be accommodated in two or more
building elements that will be served by a central core containing the
ancillary facilities to support the instructional areas. Play areas for small
children will separate the building elements. In other words, it is the aim of
the Board of Education to create an atmosphere for small children which will be
inviting, not hostile, of appropriate scale not overwhelming and institutional,
and with an educational program that has gained national recognition to
interest all parents.
The Jefferson-Best Site proposed by the Buffalo Enterprise Development
Corporation is far superior to the War Memorial Stadium Site for the purposes
of the Board of Education.
REFERRED TO THE COMMITTEE ON FINANCE
No. 79
Reaffirm Site Selection-Early Childhood Center
I am in receipt of your letter of February 27, 1991 with no form
attached. Your letter asks the Board's position on relocating from the present
site of the Jefferson Best God City Site, for the Early Childhood's Education
Facility for relocation to the site known as the War Memorial Stadium site.
At its meeting on February 27th, the Board reaffirmed its position in
approving the site proposed by the Buffalo Economic Development Corporation,
that site formerly known as God City, the old War Memorial Stadium parking lot
as the appropriate and most feasible site for the Early Childhood Center.
REFERRED TO THE COMMITTEE ON FINANCE
F R OM THE BUFFALO URBAN RENEWAL
AGENCY
No. 80
Waterfront Redevelopment Project NYR-35 Area A Disposition Parcel No. 36 Lease
Agreement
Buffalo Charters, Inc.
On February 16, 1988, Your Honorable Body approved a amended Lease
Agreement between the City of Buffalo Urban Renewal Agency and Buffalo
Charters, Inc. for the operation of a public boat cruise service along the
north wall of the Buffalo River, adjacent to Disposition Parcel No. 36.
It has been requested by Buffalo Charters, Inc. of their need for a long
term lease to continue their cruise service.
Attached hereto is the proposed new lease for your review and the
necessary Resolution approving said lease agreement.
It is my recommendation that the said Lease Agreement and Resolution be
approved.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
No. 81
Easement Floating Docks - Gull Landing
The first resolve of the referenced resolution seeks authorization
for the Mayor to grant an easement (use of realty) to BURA for the construction
of up to thirty-six (36) boat docks, more likely to be thirty (30) docks.
"Nonexclusive- means that while this easement would permit only BURA, or
its assignee (a party to whom BURA transfers such authority) to construct the
docks, the waters bounded by the easement perimeter may be utilized by the
boating public. The boating public however would have no right or authority to
use the docks. They are intended exclusively for ownership by owners and/or
tenants of the Gull Landing development. Based on representations made to BURA
they shall not be permitted to be sublet to other individuals unless the other
individuals are also owners and/or tenants of the Gull Landing Development.
BURA has already approved an easement to Gull Landing for construction of
the docks contingent upon approval of the referenced resolution by the Common
Council.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
FROM THE CITY CLERK
No. 82
APPOINTMENT TO THE CHILD CARE TASK FORCE
I TRANSMIT THE FOLLOWING APPOINTMENT (S) TO THE CHILD CARE TASK
FORCE:
NAME APPOINTED BY
Dorothy Dowzycky Councilmember David Franczyk:
Joseph Sperrazza Board of Education, Superintendent Albert Thcmspon
Judy DiPasquale Councilmember-at-Large Rosemarie LoTempio
Mr. Fahey moved to Approve the Appointments listed above.
ADOPTED.
No. 83
1420 MAIN STREET
Interested Parties Concerning Property
C..C.P. 84 - 1/22191
Per staff investigation she following individuals and/or companies
have contacted either the Division of Real Estate or the Comptroller office
with reference to obtaining the property known as 1420 Main Street.
1. Community Service Group (submitted a formal request to
1550 Hertel Avenue Comptrollers)
Buffalo, New York14216
(Inquired 1/9/91)
2. Mr. Joseph Cardinal
1744 Colvin Boulevard
Buffalo, New York 14223
(Inquired 9/21/89)
3. Mr. John G. Napier
15 Beard Street
Buffalo, New York14214
(Inquired 12/23/89.)
4. Mr. Don McQueen
493 Wyoming Street
Buffalo, New York 14215
(Inquired 9/24/90)
5. Mr. Ben Perrone
64 Amherst Street
Buffalo, New York 14207
(Inquired 1/9/91)
6. Mr. Ken Peterson
120 Bickford Avenue
Buffalo, New York 14215
(Inquired 1/27/91)
REFERRED TO THE COMMITTEE ON FINANCE
No. 84
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL.
I HEREBY INFORM YOU THAT ON FEBRUARY 5, 1991 THE COOK COUNCIL
PASSED THE FOLLOWING ITEMS:
NO. SUBJECT
9 Appr. of Emergency repairs (Stad. & Aud.)
31 Reduce Retention-Elmwood Traffic Imp.
32 Reduce Retention-Repair City Pavements
39 Emerg.Removal Haz. Tree-Priv. Prop. -29
Mariemont
42 Settle Prop. Damage Claim vs. E. Ruiz
61 Waive Perf. Bond-Accept Check - O A System
- Opt.Disk
101 Apt. System Support Analyst (Max) Compt.
102 Apt. Water Service Worker (Inter) PW
114 Result Private Sale - 38 Mulberry
115 Result Keg. - 843 Seneca for RAPP
116 Result Keg. - 849 Seneca for RAPP
121 Excess Trash Fees -96 East
122 Monthly Local Assessment - Sidewalk Repair
123 Apply for Natl. Park Serv. Grant - Del. Pk..
128 PVS - Use 55 Lee - Erect Bldg. (Hrg.Hd.)
129 A.Rybak - Use 150 Bailey - Use Car Sales
130 Accept Easement Agree. - 140 Thompson
131 Ord. Amend. - Ch. 307 - Pkg. Viol./Scofflaws
139 LDA-Masten New Hsg. -Blue Print Builders
140 LDA-Virginia St. New Hsg. - A. Corto (Hrg.Hd.)
141 LDA-Pratt/Willert Revit.-400 Pratt (Hrg.Hd.)
174 PAPB-Recommend Bflo. Comm. TV (BCT) as
Oper.
182 Transfer Funds - Common Council - $3,000
WHICH WERE PRESENTED TO THE MAYOR ON FEBRUARY 8, 1991 AND RETURNED TO THE
CITY CLERK ON FEBRUARY 19. 1991 WITHOUT APPROVAL OR DISAPPROVAL.
THE EFFECTIVE DATE OF THE ABOVE ITEMS IS FEBRUARY 20, 1991.
RECEIVED AND FILED
No. 85
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL.
I HEREBY INFORM YOU THAT ON FEBRUARY 13, 1991 THE Common COUNCIL
PASSED THE FOLLOWING ITEMS:
NO. SUBJECT
5 Trans. Funds - Fringe Benefits- $41,545
6 Trans. Funds - Fringe Benefits- $87,000
7 Trans. Funds - Fringe Benefits- $238,000
13 Trans. Funds - Miscellaneous -$100,000
WHICH WERE PRESENTED TO THE MAYOR ON FEBRUARY 14, 1991 and RETURNED TO THE
CITY CLERK ON FEBRUARY 26, 1991 WITHOUT APPROVAL OR DISAPPROVAL.
THE EFFECTIVE DATE OF THE ABOVE ITEMS IS FEBRUARY 26, 1991.
RECEIVED AND FILED.
No. 86
LIQUOR LICENSE APPLICATIONS
ATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR
LIQUOR LICENSES FROM THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD.
2610 1/2 MAIN ST SYLVAHN'S VASHTI MARSHALL
445 DELAWARE AVE. TANDOORI REST.. RAVI SABHARWAL
RECEIVED AND FILED.
No. 87
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:
CITY PLANNING BOARD
EXAMINING BOARD OF PLUMBERS
HOME IMPROVEMENT ADVISORY BOARD
ZONING BOARD OF APPEALS
RECEIVED AND FILED.
No. 88
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:
ASSESSMENT-
POLICE-
RECEIVED AND FILED.
No. 89
NOTICES OF APPOINTMENTS
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME, REPORTING APPOINTMENTS
MADE IN VARIOUS DEPARTMENTS. (MINIMUM, FLAT RATE, HOURLY, ETC.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PARKS DEPARTMENT
Appointment to become effective 2/19/91 in the Parks Department,
Division of Recreation, Darcy Zeller, 321 Dearborn St., Buffalo, NY 14207 to
the position of rink attendant, seasonal at the starting salary of $4.33 per
hour.
FROM THE POLICE DEPARTMENT
Appointment to become effective 2/21/91 in the Police Department,
Division of Precinct and Patrol Services to the position of Police Officer,
permanent at the starting of $22,727:
Pamela L. Gorski, 131 Cumberland Ave., Buffalo, NY 14220
Ra-Chelle Brown, 82 Whitney PL.. Buffalo, NY 14201,
Appointment to become effective 8/7/89 in the Police Department, Division of
Precinct and Patrol Services, Randie J. Joseph, 6479 Olean Rd., S. Wales, NY
14139 to the position of Police Lieutenant, contingent-permanent at the
starting salary of $35,577.
Appointment to become effective 2/19/91 in the Police Department, Division of
Precinct and Patrol Services, Arnold G. Walker, 520 Linden Ave., Buffalo, NY
14216 to the position of Police Lieutenant, permanent at the starting salary of
$35,577
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective 2/26/91, in the Department of
Street Sanitation, Donald J. DiFlavio, II, 85 Carlyle Avenue, Buffalo, N.Y.
14220 to the Position of Laborer II, Seasonal, at the starting salary of
$6.65 per hr.
F
ROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
Appointment to become effective2/25/91 in the Department of Administration
and Finance, Division of Parking Enforcement, Daniel McMahon, 608 Taunton Ave.,
Buffalo, NY 14216, to the position of Laborer I, Temporary, at the starting
salary of $5.98 per hr
.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective 2/19/91 in the Department of Human
Resources, Division of Youth, to the position of Attendant, Temporary, at the
starting salary of $4.00 per hr.
Kenneth R. Bachmann, Jr. , 24 Bridgeman St., Buffalo, NY 14207
Derrick Nevins, 101 Woodlawn Ave., Buffalo, NY 14208
Appointment to become effective 2/19/91 in the Department of Human Resources,
Division of Youth, Demetrius L. Milton, 288 Peach Street, Buffalo, NY 14204 to
the position of Attendant, Temporary, at the starting salary of $4.00 per hr.
Appointment to become effective 2/27/91, in the Department of Human Resources,
Division of Youth, to the position of Attendant, Temporary, at the starting
salary of $4.00 per hr.
Joseph Agro, 28 York Street,Buffalo, NY 14213
Daniel Mercado, 40 Coit Street, Buffalo, NY 14206
Appointment to become effective 2/25/91 in the Department of Human Resources,
Division for Youth, Diane M. Makey, 218 Geary Street, Buffalo, NY 14210 , to
the position of Clinical Counselor - YAAP, Permanent, at the starting salary of
$19,9
61.00.
CITY CLERK
Appointment to become effective 2/22/91, in the City Clerk Office
,Susan Malesky, 41Kail Street, Buffalo, NY 14207 to the position of Dog
Enforcement Clerk, Seasonal, at the starting salary of $5.98 per hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 90
Mem. St. User Fees
(Item No. 161 CCP. February 19, 1991
)
Per your request, we are pleased to share with you our thoughts
regarding the proposed imposition of an admissions tax at Pilot Field and other
Buffalo sports and entertainment facilities. He are opposed to an admissions
tax or any other new form of user fee at Pliot Field for the following reasons.
As the members of the Common Council are well aware, any new tax or surcharge
will necessarily have a chilling effect on the public's demand for the taxed
item, whether it be a product or an admission to an event. The Bisons' ticket
price structure is carefully geared to generate the maximum ticket revenue over
the course of a season. A fifty cent admissions tax would effectively raise
ticket prices and reduce attendance. The result would be lower total ticket
revenue, which is a major component in the rent paid by the Bisons to the City
of Buffalo under the terms of the current Pilot Field Lease Agreement.
The Pilot Field Lease Agreement is the product of many hours of good faith
discussion and negotiation between the Bisons and the Common Council of the
City of Buffalo. The result of these discussions is a fair and equitable
arrangement that has allowed the City to share financially in. the growing
success of the franchise over the past four years. The City receives a
significant percentage of almost every dollar spent by the thousands of Bison
fans who hail not just from Buffalo, but also from the suburbs, the Southern
Tier, Ontario, Niagara County, and a multitude of other places. Via this
revenue sharing mechanism, the "users of the facility" are already contributing
substantially to the ongoing cost of operating and maintaining Pilot Field.
And this mechanism works!
The City's receipts of annual rental payments over this period has exceeded its
original projections by over 50%. Far from being a burden on City taxpayers,
Pilot Field's financial success has equalled the emotional lift that it has
brought to Buffalo.
In short, Pilot Field is already paying for itself and more. The current annual
economic impact generated by the Bisons' residence in Pilot Field is $25
million and growing. To unilaterally impose an admissions tax on this facility
at this time is illogical and is an assault on the integrity of the Common
Council's Lease Agreement that has worked so well for all of Buffalo's
taxpayers.
Not only is the concept of an admissions tax inappropriate for Pilot Field, but
the proposed structure of the tax is also illogical and inequitable. It does
not make sense to tack the same 50 cent surcharge on a $3 baseball bleacher
seat ticket at Pilot Field that you would tack on to a $30 ticket to an event
at another facility.
In conclusion, we agree that the users of each City owned facility should help
support the ongoing viability and maintenance of that facility. They are
already doing so by purchasing their tickets and spending their money in and
around the facility. Let each facility be judged on its own merits. Buffalo's
baseball fans are already fulfilling their part of the bargain by making Pilot
Field one of the most successful public projects in Buffalo's history. Don't
punish them now with an admissions tax.
He would be pleased to review this matter with you further at your convenience.
REFERRED TO THE COMMITTEE ON FINANCE.
No.91
Report of Court/Pearl/ Franklin Site
Res. #151, C.C.P. 2/19/91
In response to Resolution #151, C.C.P. 2/19/91, the Buffalo Development
Companies have had no contact with the subject developers. The proposed project
has been handled by the Department of Community Development within the context
of the urban renewal plan
for the site.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 92
Economic Development Zone Application
Res. #144, C.C.P. 2119/91
In response to Resolution #144, C.C.P. 2119191, the Governor is
proposing legislation to authorize eight additional economic development zones
in the State.
In 1986, the City, with Council approval, applied for the location of a
zone in the City. At that time, New York State limited the number to one zone
per County and New York State selected Lackawanna.
I have checked with the new York State Economic Development office and
they indicated that new application forms will be issued if and when the new
legislation is passed. The City administration remains interested in this
program and will continue monitoring the legislative process.
RECEIVED AND FILED
No. 93
Site Selection of Early Childhood Education Facility
Item #15 No. #77 C.C.P.. 2/5/91
I received a request from Council staff regarding my views on
relocating the proposed school facility to the former footprint of the Stadium
on the west side of Jefferson Avenue.
Under the City Charter the initial selection of school sites is the sole
prerogative of the School Board. The Council may then approve or disapprove of
the School Board's initiative. The School Board has formally selected the 7.5
acre site on the east side of Jefferson. An engineering analysis commissioned
by BEDC confirms the notion that this would be an excellent site for the
proposed facility.
As I pointed out at the Finance Committee hearing, placing a school at
the bottom of a three sided bowl (the stadium sat within a former City water
reservoir) did not seem like it would make any sense. Due to the 28' steep
drop in grade from Best Street, a person standing on Best Street would look
down on the roof of a new school if it were sited on the east side of Jefferson
Avenue. I do not believe this site would be acceptable to the School Board.
Moreover, the Common Council is on record as supporting the concept, and
bond resolutions over a period of years, to construct the finest Outdoor
Amateur Athletic Complex in the area on the former site of the stadium. Bids
have now been received within budget to move this complex ahead.
A last minute reverse in direction after the time, effort, and community
input on the outdoor athletic facility is not warranted by the recent idea of
moving the proposed school (which is not supported by a single School Board
Member).
REFERRED TO THE COMMITTEE ON FINANCE
No. 94
Memorialize State . User Fees
(Item 161 C.C.P.. February 19, 1991)
In answer to your inquiry, we are pleased to address the proposed
imposition of an admission tax at Memorial Auditorium and other Buffalo sports
and entertainment facilities. For the reasons stated in our letter of November
9, 1991 (copy enclosed), we continue to hold the view that the imposition of
such an admissions tax on tickets to Sabres hockey games is contrary to the
interests of the City, as well as those of the Sabres and its loyal fans.
In addition, it must be noted that we have recently been requested to
respond to a proposal to extend certain targets for City performance in
connection with the New Arena/Entertainment Complex project by a separate
resolution of the Council. The architectural and economic impact studies which
we have commissioned will be completed in April, and after the presentation, we
will respond and proceed to discuss that matter with the Council and City
administration with a view to developing a mutually-satisfactory approach to
that issue. However, the net combined effect of the pending lease extension
proposal and admissions tax proposal at this time is to ask the Sabres to
remain in a facility with admittedly deficient revenue flows for another year
and to further burden those revenue streams with an admissions tax. As has
been our consistent practice in our dealings with the City, the Sabres intend
to approach the lease modification question in good faith and to reasonably and
responsibly seek a resolution of that question which works for both the Sabres
and the City. The imposition of an admissions tax in our view would further
burden the process and would be clearly contradictory to the interest of the
Sabres and the City.
We thank you for the opportunity to share our thoughts with you regarding
this issue.
REFERRED TO THE COMMITTEE ON FINANCE
No.95
BUFFALO SOFTBALL LEAGUE, INC
Annual Financial Statement
Attached please find the Financial Statements of the BUFFALO SOFTBALL
LEAGUE INC. for the period ending November 30, 1990.
We provide this to comply with City Ordinances.
RECEIVED AND FILED
No. 96
COMMUNITY ACTION INFORMATION CENTER
Favor Early Childhood Center
The residents of the Jefferson - Best neighborhoods, in the hasten
District, will welcome the addition of the proposed Early Childhood Center if
the following conditions are met.
l. The Early Childhood Center must be open at night and on Saturdays, free
of charge, to neighborhood residents.
2. The City and/or Board of Education must provide staff and programming for
after school activities in the Center for youth and other community residents.
3. The City and/or Board of Education must find a dedicated source of
funding for the staff and recreational activities.
4. The proposed site of the school is unacceptable. The 7 1/2 acre site
must be reserved exclusively for housing and commercial development. The
Center, therefore, must be located on the Old War Memorial Stadium site, on the
west side of Jefferson Avenue.
5. An oversight committee composed of an equal number of Jefferson - Best
neighborhood residents and Board of Education members should guide the design
and construction of the Center
Unless all of the above conditions are met, we will ask the Common Council and
the Comptroller not to support the construction on the corner of Jefferson and
Best Streets.
We feel very strongly about these issues and would like resolution as quickly
as possible. We stand ready to continue the dialogue and action steps toward
agreement.
REFERRED TO THE COMMITTEE ON FINANCE
No. 97
COMMUNITY ACTION ORGANIZATION OF ERIE COUNTY, INC.
Request Deed to 154 Maple St.
To support the Community Action Organization Of Erie County, Inc.,
request to have the City of Buffalo deed to us the property at 154 Maple Street
which the Fruitbelt Redevelopment Corporation have agreed to let us use, I -
enclosing a Summary description of the proposed Transitional Unit.
If you should need any additional information please let - Know.
RECEIVED AND FILED
No. 98
T. FRANCZYK
Offer to Purchase-File Cabinet
I would like to submit a bid for one file cabinet, in the amount
of $5.00. This legal size file -cabinet has the following identification tag
information: Manpower Development and Training Program (PL-87-415) New York
/)241-4075. Since the Department of Human Resources does not need this filing
cabinet, and since it is not in the very best of condition it has no resale or
trade in value. This piece of office equipment has been deemed as surplus
equipment and would eventually be thrown away.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND COUNCIL STAFF
No. 99
KLEINHANS MUSIC HALL MGMT., INC.
Item #161, C.C.P., 2/19/91
Councilman Franczyk proposal of implementing an "Admission User
Fee seems to be a realistic approach toward dedicating a new source of revenue
which could be targeted for the four facilities mentioned in Item #161, C.C.P.,
February 19, 1991.
As you know the Greater Buffalo Development Foundation Renovation/Restoration
feasibility study regarding Kleinhans Music Hall calls for over twelve million
dollars ($12,000,000) of funding.
The Study recommends that the renovation work be completed over a five year,
summer month, period of time which will assist fund raising efforts.
The revenue generated from the proposed admission user fee would be a welcome
step towards our ultimate goal.
Hopefully, Mr. Franczyk's proposal, which at most could be considered a slight
inconvenience rather than a burden to the citizens of Western New York, and
whose result would be the enhancement of four first class entertainment
facilities, will be brought to fruition..
The entire concept would provide all Western New Yorkers with a very large
return for a very small investment.
REFERRED TO THE COMMITTEE ON FINANCE
No. 100
K. MCKEAGUE
Offer to Purchase Four Desks/Chairs
I would like to submit a bid for four desks, at $15.00 a piece
totaling $60.00 and also two wooden chairs totaling $5.00. These desks and
chairs are located in the sub-basement of City Hall. The desks and the chairs
have both paint and structural damage These items have no resale or trade in
value and have been deemed as surplus. There is no further use for these
items.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND COUNCIL STAFF
No. 101
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Interest in Purchasing Properties Adjoining Garage
The new Cold spring Bus Garage and Shop complex is a replacement
facility for the present building on the same site built in phased construction
while maintaining full service of the bus operations.
Due to limitations imposed by the site and phased construction, bus
turning radius' and operational clearances will be less than desirable for
entering the service repair bays. As currently being constructed, there is
only 59'- of" between the garage doors and the guard rail/sound barrier wall
along the south property line. Buses entering the facility must make backup
maneuvers for entrance into the doors.
The purpose of this letter is to kindly inform you that the Niagara
Frontier Transportation Authority is seeking to acquire two (2) properties
along hasten Avenue and Morley Place as indicated on Attachment "A" to avoid
these undesirable backup maneuvers. In addition the NFTA has long term
interest in acquiring eight (8) other adjoining properties as noted on the
attachment.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL
No. 102
KALPANA D. PATEL, M.D.
Resignation as a member of the Post Management Board.
Please accept my resignation as a member of the post management
board. As I am not able to attend many meetings and I have not been able to
participate actively I do not think it is appropriate to be an active member.
I have enjoyed working with you and please let me know if I can be of any help
to you in the future.
RECEIVED AND FILED
No. 103
POLICE AND FIRE UNIONS
Authorize. Spec. 20 Yr. Plan -Sec. 384e,
CCP 1/22/91
The undersigned is the attorney for the Buffalo Police Benevolent
Association and Buffalo Professional Firefighters Association, Inc., local 282.
I am also the attorney who represented both unions regarding the grievance
arbitration award rendered concerning the 384-e retirement fraction benefit.
As the Council is aware, the Arbitrator ruled that the City must provide the
Section 384-e benefit to all Section 384-d plan members in both the police and
fire departments.
I have been furnished a copy of Commissioner Planavsky's letter to the
Council dated January 31, 1991. Mr. Planavsky asserts the following:
l. The Retirement System has notified the City of Buffalo that if the
City were to elect to adopt the provisions of 384-e, the additional cost to the
city would be $1.6 million per year.
2. Retirement benefits such as the one referenced in the subject Council
resolution are a term and condition of employment and as such must be
negotiated between the Administration and the subject unions. As a result, the
subject resolution cannot bind the City and is without legal effect.
3. The subject arbitration award has been appealed and is scheduled to
be heard on March 6, 1991.
4. The Administration has authorized that discussions of this matter be
conducted with the subject unions.
While Mr. Planavsky correctly asserts that the costs to the City will be $1.6
million per year to the retirement system, he neglects to point out that (l)
approximately $3.2 million for each of the past two years was budgeted for the
benefit, and (2) the Arbitrator has retained jurisdiction to assess damages
against the City retroactive to August l, 1980 to make each affected individual
whole. Since a number of individuals have retired since August l, 1980 without
the Section 384-e benefit, the Arbitrator will be assessing damages against the
City to make those individuals whole. Moreover, since no individual has yet
been covered and the retirement system will not cover anyone until the subject
resolution is passed, certified and filed, and then not retroactively, the
city's liability continues to mount.
Mr. Planavsky is absolutely wrong wherein he asserts that the subject
resolution is without effect and cannot bind the City. Enclosed Please find
copy of opinion rendered by John M. Crotty, Associate Counsel for PERB,
directly contradicting Mr. Planavsky.
While Mr. Planavsky asserts that the city's action to vacate the
arbitration awards is scheduled for March 6, 1991, he has neglected to add that
there is little to no likelihood that the award will be set aside. The
statutory grounds for doing so are very narrow and will not be met in the
pending case. Similarly, Mr. Planavsky has failed to advise you that the city
is seeking to delay the pending court action. As stated above, each day that
passes without enactment of the subject resolution results in greater monetary
liability to the city.
Finally, while the Administration may have authorized discussions with
the unions, no discussions have taken place. Nor is there anything to discuss
since my clients have already secured the sought for arbitration award.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 104
REED AND TEN ADJOINING STREETS WATCH COMMITTEE
Reinstall Fence-Martine Luther King Park
On behalf of our 252 hers of the Reed St. & Ten Adjoining Sts.
Watch Committee I am asking you to best the City of Buffalo to reinstall a
fence along the south side of Martin Luther King Park. Children cross Best
Street at any spot instead of at strategic points as in former days. Last year
one child was injured by a car and another barely escaped injury as he crossed
Best St.
As Spring draws near we are anxious that this matter be taken care of as
soon as possible.
If you feel a petition is needed, please let us know.
Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSION NER OF PARKS
No. 105
GORDON REES
Cancel Sidewalk Assessment-1650 Fillmore Ave.
During the summer of 1987, to the best of my knowledge, the City
of Buffalo replaced sidewalks at 1650 Fillmore Avenue. The sidewalk had been
damaged by the City during the cleanup of the "Blizzard of 1977." The cost of
said repairs was assessed to me in the amount of $820.00 of which I objected to
this charge because the City had caused the damages.
My initial contact was to Mr. Walter Flynn in the Division of Engineering who
advised that I should see my councilman. You may recall that you advised me to
send you a letter outlining the problems--which I did, but the problem was not
resolved. Each year, thereafter, I have received a bill for the same charge
with added interest. Each year I have made the same complaint.
Today, my property is in jeopardy of being on the foreclosure list as a result
of nonpayment of this charge, which I assumed had been taken care of.
I am appealing to you and the Common Council to remove this charge, inasmuch as
I am 76 years old, on social security, and it would be an extreme hardship for
me to pay this charge--and it is not my fault in the first place.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL
No. 106
SHEA'S BUFFALO CENTER FOR THE PERFORMING ARTS
Memorialize State. User Feed"
(Item #161 CCP. February 19, 1991)
Thank you for the opportunity to comment on the Council Resolution
dated February 19. Attached is a copy of our November 8, 1990 letter, wherein
we commented on the previous resolution. We would like to take this
opportunity to address some of the concerns in that letter.
We feel that Shea's and the other City-owned facilities should not be placed in
a position of competitive disadvantage with the other Buffalo entertainment
facilities that are not owned by the City nor with the facilities located in
the surrounding area outside the City. We would suggest that the Council
consider working with the other local governments in order to standardize an
entertainment surcharge on all tickets sold in the Western New York Community.
In this way, Shea's Buffalo and the other City-owned facilities would not be
placed in a competitive disadvantage with other entertainment facilities in our
community.
We also recommend that the Council consider a graduated ticket surcharge
scheme. For example, tickets less than $6 would not be subject to a ticket
surcharge. Tickets priced from $6 to 10, might be subject to a $.25 surcharge;
tickets in excess of $10, but less than $20 would be subject to a $.50
surcharge; tickets in excess of $20, might be subject to a $1.00 ticket
surcharge. In this way, it would seem that those who can afford to pay more
would be bearing their fair share of the ticket surcharge. On the other hand,
tickets at the lower end, including school performances at the various venues
and other tickets discounted to citizens on limited incomes would not be
subject to the ticket surcharge.
Our final concern regards the distribution of funds to the benefiting
organizations. We would like to be heard regarding the appropriate collection
and distribution procedures for the funds, assuming that the ticket surcharge
program is implemented. In this regard, we suggest that a member of our
organization be appointed to a committee that would be charged with the
responsibility to distribute funds collected under the program.
Finally, we welcome the opportunity to discuss all the issues regarding the
ticket surcharge with the members of the City Council. We await your response.
REFERRED TO THE COMMITTEE ON FINANCE
No. 107
D. WOODS
URGENT REQUEST FOR ASSISTANCE IN ERADICATING
OBNOXIOUS, HATEFUL NEIGHBOR PROBLEM EXISTING OVER AN EXTENDED PERIOD: DAVID AND
LUCILLE WOODS
Premises: 134 Mohican Street, Buffalo, New York
On December 10, 1984, we purchased a two-family dwelling 134 Mohican
Street, Buffalo, New York. We were very happy that our hardwork had begun to
pay off. Why? Because we were able, by the grace of God, to procure some
income property.
This American dream become a perennial nightmare in just a very few
months. The source of this nightmare was then and is now Colonial Iron Works,
Inc.
Not only are the company and its employees totally disrespectful of our
property, they are insultative and callous even to our face. More
specifically, Colonial has totally disregarded our ownership rights. They have
rolled over our green, destroyed our shrubbery and flowers, broken the sidewalk
in front of our house, broken our water turn-on/turn-off valve, broken and
removed the cover to the water turn-on/turn-off valve, intentionally causing
water to run-into the street, intentionally telephoned the Water Department to
complain about the broken water valve without telling them that they broke it;
caused deep unsightly grooves in the grass, causing mud to back up to the
steps; used a forklift to remove tenants' automobiles from in front of 134
Mohican, transporting them to great distances away from 134 Mohican Street,
including putting said automobiles in the middle of the street and then
telephoning the police to complain, causing automobiles to be ticketed and
towed.
Further, on February 12, 1991, we took photographs of the continuing
damage to our property. While our daughter and others were present, several of
the employees gave us the "high sign", cursed us, and went so far as to block
our automobile in for twenty (20) minutes, totally ignoring us.
Still further, the owners of said company have refused to meet with us;
never return telephone calls; never respond to correspondence, and would not
come out to even speak to us when we visit their office.
Racial slurs and epithets have been used by employees towards us and
persons along with us on Mohican Street, a public street, on several occasions.
On one occasion one of them stated that no Blacks work here and none will ever
work here.
Given the latter statement, it is extremely easy to see that the
malicious, callous and unending damage to our property as well as the
unremorseful attitude is nothing more than blatant racism.
These destructive acts are further underlined by the fact that we have
refused to sell our property to Colonial. What they are trying to do is to
"run or harass us out of town" or out of our property.
Didn't thousands upon thousands of our fore-fathers (and fore-mothers)
suffer, bleed and die to stop this evil-eyed behavior based on race? Yes, they
did. Then why are honest, hard-working Godfearing Black folk still suffering
the slings and arrows as well as the hobnail boot of racism in Buffalo, New
York in 1991? The answer to this query is urgent. Why? Because we have had to
spend approximately $4,166.00 on unnecessary repairs due to these senseless,
callous, and intentional acts.
Sir, we are asking for your help. Anything done on our behalf will be
greatly appreciated.
An early reply and some relief would be greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF POLICE AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION
PETITIONS
No. 108
T J'S STEAK HOAGIE OF BUFFALO, INC., TENANT, PETITION TO USE 1335 HERTEL AVE.
FOR OUTDOOR CAFE.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 109
Bison Wholesale Inc., Owner, Petition to use 654 Elk Street to Erect a
Billboard at the Rear of the Property.
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. 110
RE: SALARY ORDINANCE AMENDMENT
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
24-1 DIVISION OF HOUSING & PROPERTY INSPECTION
(Item No. 201, C.C.P., 2/5/91)
That the Salary Ordinance Amendment, as contained in Item No.
201, C.C.P., February 5, 1991 be and the same hereby i approved.
PASSED
AYES-13 NOES-0
No. 111
APPOINTMENT
THAT COMMUNICATION NO 62 FEB 5. 1991 BE RECEIVED AND FILED AND
THE PERMANENT/NON-COMPETITIVE APPOINTMENT OF MARLENE M. MACEY STATED ABOVE AT
THE INTERMEDIATE SALARY $8.88/HR. EFFECTIVE ON FEB 5. 1991 IS HEREBY APPROVED.
PASSED
AYES-13 NOES-0
No. 112
NOTICES OF APPOINTMENTS (C. CLERK)
(Item # 70 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 113
NOTICES OF APPOINTMENTS (C.CLERK)
(Item # 81 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
F I N A N C E
H O N. DAVID A. COLLINS
CHAIRMAN
No. 114
RE: PILOT FIELD NAMING RIGHTS AGREEMENT DEFAULTED
(Item No. 191, C.C.P., 2/5/91)
That the Corporation Counsel be and he hereby is directed to exercise
the City's right to terminate the Pilot Field Naming Rights Agreement if Pilot
Air Freight Corporation fails to rectify its default within the thirty-day
period stipulated in the Notice of Default; and
That if the City does terminate the Naming Rights Agreement, the
Commissioner of Public Works be and he hereby is directed to remove all Pilot
Field signage and prepare a bid package seeking a new corporate sponsor for the
gaming rights to Buffalo's baseball stadium.
Mr. Collins now moved that the above item be recommitted to Committee on
Finance.
ADOPTED
No. 115
NAMING RIGHTS DEFAULT/PILOT FIELD (CC)
(Item # 52 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
Mr. Collins now moved that the above item be recommitted to the Committee on
Finance.
ADOPTED
No. 116
DII//STADIUM NAMING RIGHTS
(Item # 84 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
Mr. Collins now moved that the above item be recommitted to the Committee on
Finance.
ADOPTED
No. 117
RE: REQUEST COUNCIL AUTHORIZATION TO SUBMIT
1991 EMERGENCY SHELTER GRANT PROGRAM APPLICATION
(Item No. 65, C.C.P., 2/19/91)
That the above item be and the same e hereby is returned
to the Common Council without recommendation
Mr. Collins moved:
That the Mayor be and he hereby is authorized to sign the application on
behalf of the City of Buffalo for a $398,000 Emergency Shelter Grant Allocation
from the U. S. Department of Housing and Urban Development, provided that the
Women for Human Rights and Dignity Organization be added to the list of
Emergency Shelter Grant Funding Recipients and that the acceptance of said
grant be and it hereby is approved.
PASSED
AYES - 13. NOES - 0.
No. 118
RENEGOTIATE LEASE NEWSSTAND - BROADWAY AND FILLMORE
(Item No. 16, C.C.P., 2/19/91)
That the Comptroller be and he hereby is authorized to execute
a renewal lease for the newsstand located at the southeast corner of Fillmore
and Broadway, containing the following additional terms, in addition to the
terms of the existing lease and subject to approval by the Corporation Counsel
as to form:
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 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 of 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 be remain in
effect.
PASSED
AYES - 13. NOES-0.
No. 119
DECLINE/RESULT PRIVATE SALE//20 SPIESS (COMPT)
(Item # 26 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 120
PURCHASE OF TRUSCON PROPERTY AND EXCHANGE OF
PORTION OF MARILLA STREET AND ADJACENT PROPERTY
(Item No. 114 C.C.P., February 19, 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 Item No. 43, C.C.P., January 22, 1991
as Exhibit "l"; and
The portion of Marilla Street which is more fully described in Exhibit
"3" to Item No. 43, 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 Proper ty and in
accordance with the Sale and Purchase Agreement approved herein.
PASSED
AYES 13. NOES -0.
No. 121
PURCHASE/TRUSCON PROPERTY (COMPT) (#22 2/5)
(Item # 115 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 122
L. SCONIERS - 154 MAPLE STREET
(Item No. 75, C.C.P., 2/5/91)
That the Corporation Counsel be and he hereby is authorized to
prepare a Quit Claim Deed conveying the premises at 154 Maple Street from
Fruitbelt Redevelopment Incorporated to the City of Buffalo, and to forward
same with a cover letter to Fruitbelt Redevelopment exercising the City's right
to claim its reversionary interest in 154 Maple Street and .requesting that
the Quitclaim Deed be executed and returned to he C orporation Counsel for
recordation.
PASSED
AYES-13. NOES-0.
No. 123
DEED PROPERTY 154 MAPLE TO CAO (COMPT)
(Item # 22 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 124
DEED PROPERTY 154 MAPLE TO CAO (CC)
(Item # 55 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 125
RE: K. VAUGHN - REQUEST 50% COMPROMISE
ON LaSALLE PARK CONCESSION RENT AND
REIMBURSE COST OF REPAIRS
(Item No. 91, C.C.P., 2/5/91)
That the Comptroller and the Commissioner of Parks be and they
hereby are authorized to compromise the rent -by K. L Vauqhnin the amount of
$14,400 for the LaSalle Park ConcessionStand by accepting 50% thereof, of
$7,200 in view of the fact that the concessionaire was delayed nearly three
months in opening the stand for the 1990 season through no fault of his own;
and
That the Comptroller and the Commissioner of Parks be and they hereby are
authorized to reimburse the concessionaire the sum of $118.34 for a gas
bill which he paid that was the City's responsibility; and
That there will be no further compromises of this lease entertained.
PASSED
AYES-13. NOES-0.
No. 126
RENT REDUCTION//LASALLE CONCESSION (PW)
(Item # 33 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 127
RENT REDUCTION/LASALLE CONCESSION (KPARKS)
(Item # 42 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 128
RENT REDUCTION/LASALLE CONCESSION (CC)
(Item # 53 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 129
RE: CHANGE IN CONTRACT
CHANGE ORDER NO. 3
CITY CONTRACT NO. 91546200
FILTERED WATER CONDUIT REPLACEMENT AND MODIFICATOINS
CONTRACT NO. 15
DIVISION OF WATER
(Item No. 31, C.C.P., 2/19/91)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #3 to Firstrhyme Construction Corporation, Inc., in the
amount of $46,442.79 for work under the contract relating to the Filtered Water
Conduit Replacement and Plant Modifications, Contr IS, with said cost to be
charged against the Division of 415 Capital Projects Fund, 503 Account.
PASSED
AYES-13. NOES-0.
LEGISLATION
HON. ALFRED. COPPOLA
CHAIRMAN
No. 130
ROBERT E. JONES, OWNER, PETITION TO USE
1325 KENSINGTON FOR STORE WITH TAKE-OUT RESTAURANT
(Item No. 95, C.C.P., 2/19/91)
That the petition of Robert E. Jones, owner, to use 1325 Kensington
for store with take-out restaurant, be and the same hereby is approved.
PASSED
AYES-13. NOES-0.
No. 131
GREAT WESTERN CAPITAL CORP., OWNER, PETITION
TO USE 3362 MAIN STREET TO ERECT AN ILLUMINATED
POLE SIGN AND REPLACE EXISTING WALL SIGN
(Item No. 97, C.C.P., 1/22/91)
That the petition of Great Western Capital Corp., owner, to use
3362 Main Street to erect an illuminated pole sign and replace an existing wall
sign, be and it hereby is approved..
PASSED
AYES-13. NOES-0.
No. 132
USE 3362 MAIN (CPBD)
(Item # 8 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 133
PAWNBROKER'S APPLICATION FOR JONATHAN R. SCHMID
D/B/A METRO LOAN CO.
(Item No. 35, C.C.P., 2/19/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Director of Licenses be and he hereby is authorized to issue a
Pawnbroker's License to Jonathan R. Schmid, d/b/a Metro Loan Co., 42 Broadway,
Buffalo, New York 14202.
PASSED
AYES-13. NOES-0.
No. 134
925 ELMWOOD AVENUE REQUEST FOR
PERMISSION TO INSTALL DOOR WHICH ENCROACHES
ON CITY RIGHT OF WAY
(Item No. 36, C.C.P., 2/19/91)
That the Commissioner of Public Works be and he hereby is authorized
to issue a "mere license" to Ron Lucchino, the owner of Elmwood Taco and Subs
at 925 Elmwood Avenue, for the installation of a door encroaching three feet
and six inches (3'6") on the City right-of-way, subject to the following
conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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 save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said door.
PASSED.
AYES-13. NOES-0.
No. 135
CORPS OF ENGINEERS - TEMPORARY. ROW -
REPAIRS TO LOCK WALLS
(Item No. 93, C.C.P., 2/19/91)
That the Mayor be and he hereby is authorized to execute a temporary
right-of-way across the City of Buffalo's land, in order to allow the U.S.Army
Corps of Engineers to effectuate repairs to the lock walls in the Black Rock
Canal.
PASSED
AYES-13. NOES-0.
No. 136
ORDINANCE AMENDMENT/PUBLIC PLACES (CC)
(Item # 46 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 137
NAACP/OPPOSE CURFEW LAW
(Item # 85 CCPfEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 138
DA VINCI H.S. STUDENTS/OPINIONS ON CURFEW
(Item # 96 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 139
BAN TOBACCO VENDING MACHINES
(Item # 142 CCP NOV 13,1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 140
AMERICAN CANCER SOCIETY//FAVORS TOBACCO VENDING BAN
(Item # 71 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 141
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 68.1 -
HAMLIN PARK OVERLAY REVIEW DISTRICT
(Item No. 201, C.C.P., 1/22/91)
That the above Ordinance Amendment, as contained in Item No. 201,
C.C.P., January 22, 1991 be and the same hereby is approved. PASSED
AYES-13. N0ES-0.
No. 142
HAMLIN PARK STUDENT HOUSING OVERLAY DISTRICT (CC)
(Item # 49 CCP OCT 30, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 143
HAMLIN PARK COMMUNITY ASS. - REQUEST AMENDMENT/SPECIAL ZONING
(Item # 101 CCP NOV 27, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 144
VARIOUS TRAFFIC ORDINANCES 8173-8178 (PW
(Item # 30 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY DENIED.
ADOPTED
No. 145
INFORMATION//TRAFFIC ORDINANC ES 8173-8178 (PW)
(Item # 29 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No. 146
INSPECTION PRIOR TO PROPERTY TRANSFER
(Item # 169 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 147
NYSDOT/CHURCH SIGN VIRGINIA/GRAPE
(Item # 86 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 148
GETHSEMANE BAPTIST CHURCH-REQUEST TO ERECT
POLE SIGN UPON CITY STREET
(Item No. 38, C.C.P., 2/19/91)
That the Commissioner of Public Works be and he hereby is authorized
to issue the necessary permit and/or license to Gethsemane Baptist Church to
erect a pole sign on the median at Virginia and Grape Streets, subject to the
following conditions:
l. 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
PASSED
AYES-13. NOES-0.
No. 149
COST ESTIMATE/VERNON TRIANGLE PARK (PW)
Item # 32 CCP JAN 22, 1991
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.
150
VERNON BLOCK CLUB/OPPOSE TOTAL REMOVAL OF PARK
(Item # 92 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No. 151
GAYNOR ASS.//MONITORING WELLS/523 BROADWAY
(Item # 85 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 152
TRANSFER OF POLICE SPECIAL TASK FORCE
(Item No. 140, C.C.P., 1/8/91)
That this Common Council expresses its support for a permanent
anti-drug and violent crime task force to be assigned to East Buffalo
precincts, primarily Precincts 12 and 8; and
That Police Commissioner Degenhart be and he hereby is requested to
report to this Council about his plans to combat East Side Crime, including:
l. His willingness to assign a more permanent special East Side
anti-crime, anti-drug task force, as he indicated he may;
2. The establishment of a Community Policing or foot patrol Pilot
Project on the East Side, which he and the Mayor agreed to;
3. The success or lack of success of the currently assigned East Side
Special Task Force.
ADOPTED
No. 153
TRANSFER OF SPECIAL TASK FORCE (POLICE)
(Item # 37 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 154
PROPOSAL FOR FIREBOAT/CHANGE OF OPERATING HOURS (FIRE)
(Item # 40 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 155
FIRE BOAT RUNS/1985-1990 (FIRE)
(Item # 44 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 156
BREAKDOWN OF FIRE BOAT RUNS 1990 (FIRE)
(Item # 45 CCP FEB 19, 1991)
THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND
FILED.
ADOPTED
No. 157
OVERTIME FOR FIRE BOAT (FIRE) (
iTEM #46, C.C.P. 2/19/91
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 158
UNITED STATES COAST GUARD//LICENSE-OPERATORS OF FIRE BOAT
(Item # 92 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 159
HEARING - LAND DISPOSITION AGREEMENT
OAK STREET REDEVELOPMENT PROJECT- PARCEL llB- E. NORTH & ELLICOTT STREETS
(ITEM NO. 74, C.C.P. FEBRUARY 19, 1991)
THAT THE ABOVE ITEM BE AND HEREBY IS RETURNED TO THE COMMON COUNCIL
WITHOUT RECOMMENDATION .
THE ABOVE ITEM HAS BEEN SET FOR A PUBLIC HEARING BEFORE THE
COMMON
COUNCIL AT ITS REGULARLY SCHEDULED MEETING ON MARCH 5, 1991, AT 2:00 P.M., AND
THAT NOTICE OF SAME HAS BEEN PROPERLY PUBLISHED IN THE BUFFALO NEWS, IN A COPY
OF SAME IS ATTACHED HERETO.
ON MOTION BY FAHEY, SECONDED BY MR. PITTS THE ITEM IS PROPERLY BEFORE THE
COMA COUNCIL AND THE HEARING BE OPENED.
CARRIED.
APPEARANCES -
David Sengbush, Dept. of Community Development
William Stark-Representing the Developer-Ciminelli/Simmons
MR. FAHEY MOVED THAT THE HEARING BE CLOSED. CARRIED.
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Frank
Ciminelli and Dr. Edward Simmons and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
"General Municipal Law"; and
required by Section 507, subdivision 2(d) of the
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Frank Ciminelli and Dr. Edward Simmons and/or other legal
entity to be formed was duly designated as qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
Disposition of Parcel llB in the Oak Street Redevelopment Project NYR-197.
(2) That the Chairman or Vice-Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to convey the land described in the proposed "Land
Disposition Agreement" to Frank Ciminelli & Dr. Edward Simmons and/or other
legal entity to be formed in accordance with the terms of said Agreement and
for the consideration recited therein.
PASSED
AYES-13 NOES-0
No. 160
CONVEY REMAINDER OF SCHOOL #62 TO BURA (COMPT)
(Item # 21 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 161
FUNDING FOR SPORTS FACILITIES (CD)
(Item # 53 CCP JAN 22,1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No. 162
BEDC/AUDIT REPORT THRU 5/31/90
(Item # 73 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
RESOLUTIONS
No. 163
BY MR. ARTHUR
Re-establish position -Supervisor of Recruitment
Municipal Civil Service Commission
WHEREAS: According to the Administrative Director of the Municipal
Civil Service Commission, the Commission, in its 1990-91 budget, did not
request that the position of Supervisor of Recruitment, Municipal Civil Service
Commission, be funded or remain in the salary ordinance; and
WHEREAS: The position of Supervisor of Recruitment was abolished effective
July 1, 1990;
WHEREAS: The Civil Service Commission first recommended abolishing the
position for fiscal 1988-89. However, the position remained in the budget
and/or salary ordinance up until 1990-91, because the individual holding the
title was on a leave of absence; and
WHEREAS: It was never the intention of the Common Council to abolish the
position.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the Municipal Civil Service Commission
and the Department of Administration and Finance prepare and submit the proper
documentation and Salary Ordinance Amendment to reflect the re-establishment of
the position "Supervisor of Recruitment, Municipal Civil Service Commission";
and
BE IT FURTHER RESOLVED:
That this Salary Ordinance Amendment carry the stipulation "Will Brown only,"
to reflect the status of the individual on a leave of absence;
BE IT FINALLY RESOLVED;
That budget detail of the position reflect that it be unfunded.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE CORPORATION COUNSEL
No.164
BY MESSRS. BAKOS AND FAHEY
REDUCED PARKING FOR BAWNY (EXCELSIOR) APARTMENTS
WHEREAS: The Blind Association of Western New York has received
a Fund Reservation from the United States Department of Housing and Urban
Development (HUD) and is preparing to submit the Firm Commitment application to
HUD for construction and operation of a 24 unit apartment development for
Physically 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: A minimum of 10 parking spaces are proposed by the owner; 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 10 spaces; and
BE IT FURTHER RESOLVED:
That this resolution shall enure to the benefit only of the apartment building
to be known as Excelsior Apartments, HUD Project Number 014-HH001 which will be
owned by the BAWNY Housing Development Fund Corporation, a NY State
not-for-profit corporation created and supervised by the Blind Association of
Western New York; and
BE IT FINALLY RESOLVED:
That a certified copy of this approved resolution be sent to Elizabeth C.
Harvey, President, the Blind Association of Western New York, 1170 Main Street,
Buffalo, New York 14209.
PASSED
AYES-13 NOES-0
No. 165
BY: Mr. Collins
Reduced parking for Belmont Shelter Corporation-Independent Living
a
WHEREAS: Belmont Shelter Corporation has receivedFund Reservation
from the United States Department of Housing and Urban Development(HUD) and is
preparing to submit the Firm Commitment application to HUD for construction and
operation of a 12 unit apartment development for Physically 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 requirement of Subsection(A) to not less than forty percent
(40%); and
WHEREAS: 5 parking spaces are proposed by the owner; and
WHEREAS: These 5 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 10 spaces;
and
BE IT FURTHER RESOLVED: That this resolution shall enure to the benefit only of
the apartment building to be known as BSC-Independent Living, HUD Project
Number 014-HH003 which will be owned by the BIL Housing Development Fund
Company, Inc., a NY State not-for-profit corporation created and supervised by
the Belmont Shelter Corporations and
BE IT FURTHER RESOLVED: That a certified copy of this approved resolution be
sent to Elizabeth Huckabone, President, Belmont Shelter Corporation, 1193 Main
Street, Buffalo, New York 14209.
PASSED
AYES-13 NOES-0
No. 166
BY:MR. COLLINS:
BOND RESOLUTION $25,000 SERIAL BONDS IMPROVEMENT OF THE TENTH
STREET PLAYGROUND
ACCOUNT 200-601-032
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $25,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID
CITY, TO FINANCE THE COST OF THE IMPROVEMENT OF THE TENTH STREET
PLAYGROUND, IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $25,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Twenty-Five Thousand Dollars ($25,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of improvement of the Tenth Street Playground, in the City, including
playground equipment and related facilities. The estimated maximum cost of
said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $25,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the capital Projects Fund to the credit of
the Department of Parks, Division of Parks, "Improvements to Tenth Street
Playground 1990-91," Bond Authorization Account No. 200-601-032, and shall be
used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19(c) of the Law, is fifteen (15)
years; however, the proposed maturity of the bonds shall not exceed seven and
one-half (7 1/2) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 4 of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Law.
Said bonds and notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or amount. The
faith and credit of said City are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and notes. Provision
shall be made annually by appropriation by said City for the payment of
interest on and for the amounts required for the amortization and redemption of
said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
Mar. 5, 1991
LAID ON THE TABLE
No. 167
BY: MR. COLLINS:
BOND RESOLUTION $45,000 SERIAL BONDS IMPROVEMENT OF WILLERT PARK
ACCOUNT 200-717-088 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW
YORK, AUTHORIZING THE ISSUANCE OF $45,000 GENERAL IMPROVEMENT
SERIAL BONDS OF SAID CITY, AND THE PROVISION OF $5,000 CURRENT
FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF THE IMPROVEMENT
OF WILLERT PARK, IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $50,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "city"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the Principal amount of
Forty-Five Thousand Dollars ($45,000), pursuant to the Provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); and to Provide the
sum of Five Thousand Dollars ($5,000) from current funds as a down payment to
finance the cost of the improvement of Willert Park, in the City, including
landscaping and the installation of new equipment. The estimated maximum cost
of said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $50,000 as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Improvements to Willert Park 1990-91,"
Bond Authorization Account No. 200-717-088, and shall be used for the purpose
specified in Section l of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19(c) of the Local Finance Law, is
fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $5,000 shall be provided prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91,
as amended.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
MAR 51991
LAID ON THE TABLE
No. 168
BY MR. COLLINS:
BOND RESOLUTION $85,000 SERIAL BONDS PARTIAL RECONSTRUCTION OF
POLONIA HALL FOR USE AS A COMMUNITY CENTER ACCOUNT 200-717-076
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $85,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID
CITY, AND THE PROVISION OF $5,000 CURRENT FUNDS AS A DOWN PAYMENT,
TO FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF POLONIA HALL SITUATE ON
PADEREWSKI DRIVE IN THE CITY FOR USE AS A COMMUNITY CENTER, AT THE ESTIMATED
MAXIMUM COST OF $90,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section l. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Eighty-Five Thousand Dollars ($85,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); and to provide the
sum of Five Thousand Dollars ($5,000) from current funds as a down payment to
finance the cost of partial reconstruction of Polonia Hall situate on
Paderewski Drive in the City for use as a community center. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $90,000 as set forth in the
duly adopted Capital Improvements Budget of said City for fiscal year 1990-91,
as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Improvements to Polonia Hall 1990-91,"
Bond Authorization Account No. 200-717-076, and shall be used for the purpose
specified in Section l of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) Said building is of at least Class "B" construction and the period of
probable usefulness applicable to the reconstruction for which the bonds
authorized by this resolution are to be issued, within the limitations of
Section 11.00 (a) 12(a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $5,000 shall be provided prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91,
as amended.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the city of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution
Introduced:
MAR. 51991
LAID ON THE TABLE
No. 169
BY: MR. COLLINS:
BOND RESOLUTION $140,000 SERIAL BONDS BRODERICK PARK IMPROVEMENTS
ACCOUNT 200-601-040
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $140,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID
CITY , AND THE PROVISION OF $10,000 CURRENT FUNDS AS A DOWN PAYMENT,
TO FINANCE THE COST OF THE CONSTRUCTION OF IMPROVEMENTS AT BRODERICK PARK, AT
THE ESTIMATED MAXIMUM COST OF $150,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section l. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Forty Thousand Dollars ($140,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); and to provide
the sum of Ten Thousand Dollars ($10,000) from current funds as a down payment
to finance the cost of the construction of improvements at Broderick Park, in
the City, including a new restroom and concession building and related
facilities. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$150,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Parks, Division of
Parks, "Improvements to Broderick Park 1990-91," Bond Authorization Account No.
200-601-040, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19(c) of the Local Finance Law, is
fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $10,000 shall be provided prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91,
as amended.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
MAR 5, 1991
LAID ON THE TABLE
No. 170
BY: MR. COLLINS
:
BOND RESOLUTION $190,000 SERIAL BONDS DISTRICT PARK IMPROVEMENTS ACCOUNT
200-601-035 BONDRESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE
ISSUANCE OF $190,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, AND THE
PROVISION OF $10,000 CURRENT FUNDS AS A DOWN PAYMENT, TO FINANCE THE COST OF
THE IMPROVEMENT OF VARIOUS PARKS AND PLAY AREAS IN THE LOVEJOY DISTRICT LOCATED
IN THE CITY, AT THE ESTIMATED MAXIMUM COST OF $200,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section l. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Ninety Thousand Dollars ($190,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); and to provide
the sum of Ten Thousand Dollars ($10,000) from current funds as a down payment
to finance the cost of improvements of various parks and play areas in the
Lovejoy Councilmanic District in the City including renovations of grounds and
related facilities. The estimated maximum cost of said class of objects or
purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $200,000 as set forth in the duly adopted capital Improvements
Budget of said City for fiscal year 1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Parks, Division of
Parks, "Improvements to Lovejoy District Parks 1990-91," Bond Authorization
Account No. 200-601-035, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19(c) of the Local Finance Law, is
fifteen (15) years.
(b) Pursuant to Section 107.00 of the Local Finance Law, the required
down payment of $10,000 shall be provided, prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds, from current funds appropriated for
this purpose in the duly adopted Budget of said City for fiscal year 1990-91,
as amended.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
MAR. 5, 1991
LAID ON THE TABLE.
No. 171
BY: MR. COLLINS
BOND RESOLUTION RESOLUTION $515,000 SERIAL BONDS CONSTRUCTION
OF A CHEMICAL TREATMENT FACILITY AT THE EMERALD CHANNEL INTAKE ACCOUNT
415-980-077
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF
$515,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE
THE COST OF THE CONSTRUCTION OF A CHEMICAL TREATMENT FACILITY AT THE EMERALD
CHANNEL INTAKE WATER DISTRIBUTION FACILITY, AT THE ESTIMATED MAXIMUM COST OF
$515,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Water Supply Serial Bonds of said City in the
principal amount of Five Hundred Fifteen Thousand Dollars ($515,000), pursuant
to the provisions of the Charter of said City and the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York
(the "Law"); to finance the cost of the construction of a chemical treatment
facility at the Emerald Channel Intake Water Distribution Facility, in the
City, including such equipment and apparatus as shall be necessary. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $515,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Water, "Construction of Chemical
Treatment Facility 1990-91," Bond Authorization Account No. 415-980-077, and
shall be used for the purpose specified in Section l of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 1. of the Local Finance Law, is
forty (40) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 3(a) of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the Principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
MAR 5, 1991
LAID ON THE TABLE
No. 172
BY: MR. COLLINS
:
BOND RESOLUTION $900,000 SERIAL BONDSPARTIAL RECONSTRUCTION AND
CONSTRUCTION OF THEEMERALD CHANNEL INTAKE ACCOUNT 415-980-074 BOND RESOLUTION
OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $900,000 GENERAL
IMPROVEMENT WATER SUPPLY SERIAL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
PARTIAL RECONSTRUCTION AND CONSTRUCTION OF ADDITIONS TO THE EMERALD CHANNEL
INTAKE WATER DISTRIBUTION FACILITIES, AT THE ESTIMATED MAXIMUM COST OF
$900,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The comptroller of the city of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Water Supply Serial Bonds of said City in the
principal amount of Nine Hundred Thousand Dollars ($900,000), pursuant to the
provisions of the Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to
finance the cost of partially reconstructing and constructing additions to the
Emerald Channel Intake Water Distribution Facilities in the city . The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $900,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1990-91, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Water, "Reconstruction of Emerald
Channel Intake (Phase II) 1990-91," Bond Authorization Account No. 415-980-074,
and shall be used for the purpose specified in Section l of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) l. of the Local Finance Law, is
forty (40) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 3(a) of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall
contain the recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and notes shall be general obligations of the City of
Buffalo payable as to both principal and interest by general tax upon all the
taxable real property within said City without limitation as to rate or amount.
The faith and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and notes.
Provision shall be made annually by appropriation by said City for the payment
of interest on and for the amounts required for the amortization and redemption
of said bonds and notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
MAR 5 1991
LAID ON THE TABLE
No. 173
BY:MR. COLLINS:
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - GENERAL FUND
DIVISION OF PARKING ENFORCEMENT
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
$35,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Miscellaneous Charges and Regular Departments and
said sum is hereby reappropriated as set forth below:
100 General Fund
81-2 - Miscellaneous Charges
820 - Contingent $20,000
06-4 - Division of Parking Enforcement
022 - Parking Violations Bureau
Personal Services
110 - Salaries - Regular 15,000
Total $35.000
TO
100 General Fund
06-4 - Division of Parking Enforcement
031 - Towing & Storage Operations
Purchase of Services
583 - Unclassified $35.000
REFERRED TO THE COMMITTEE ON FINANCE
No. 174
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -DEPARTMENT OF AUDIT
& CONTROL FRINGE BENEFITS
That, pursuant to Section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$74,561 be and the same is hereby transferred fromvarious accounts in
Appropriation Allotments - Department of Audit & Control, and said sum is
hereby reappropriated as set forth below:
FROM
100 General Fund
04-0 Department of Audit & Control
002 - Data Processing
Personal Services
110-Salaries-Regular $7,301
Travel & Transportation
304 - Out-of-Town Transportation 500
Materials & Supplies
402 - Data Processing Supplies 5,000
Purchase of Services
550 - Rental of Equipment 10,000
04-1 Division of Audit
001 - Audit Services
Personal Services
110-Salaries-Regular 40,636
114-Overtime Pay 3,000
121 - Acting Time 2,374
Travel & Transportation
301 - Auto Allowance 500
Materials & Supplies
404 - Office Supplies 500
405 - Office Supplies - Interdepartmental 500
Purchase of Services
583 - Unclassified 2,000
04-3 Division of Real Estate
002 - In Rem
Materials and Supplies
403 - Drafting Supplies 250
460 - Building Materials
TOTAL $74,561
TO
04-0 Department of Audit & Control
001 - Comptroller
Personal Services
110-Salaries-Regular $ 4,237
04-2 Division of Accounting
001 - Accounting
Purchase of Services
541 -Postage 30,600
04-3 Division of Real Estate
001 - Real Estate Management
Personal Services
110-Salaries-Regular 10,972
81-3 Fringe Benefits
151 - N.Y.$. Police & Fire Retire. Sys .28.752
TOTAL $74,561
PASSED
Ayes 13 Noes-0
No. 175
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT
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
$10,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Capital Projects Fund and said sum is hereby
reappropriated as set forth below:
FROM:
200 Capital Projects Fund
06-I - Division of Budget & Management
001 - Planning for Capital Projects $10.000
TO:
200 Capital Projects Fund
71-7 - Division of Development
520 - Theatre District Public Improvements $ 10.000
PASSED
AYES-13 NOES-0
No. 176
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -CAPITAL PROJECTS FUND
DIVISION OF ENGINEERING
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
$40,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Capital Projects Fund and said sum is hereby
reappropriated as set forth below:
FROM:
200 Capital Projects Fund
06-I - Division of Budget & Management
001 - Planning for Capital Projects$ 40.000
TO:
200 Capital Projects Fund
40-1 - Division of Engineering
525 - Gateway Lift Bridge Program $40.000
PASSED
AYES-13 NOES-0
No. 177
BY:MR. COLLINS
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM
1990 - 91
That, pursuant to Section 359 of the Charter and the Certificate
of the Mayor and the Comptroller, submitted to the Common Council, the Capital
Program for the fiscal year 1990 - 1991 be and the same is hereby amended by
inserting the following item under the heading:
Department of Public Works
40-2 Division of Buildings
Construction of University Heights
Community Center $1,100,000
That the total estimated cost for this
Capital Improvement is $3,800,000
REFERRED TO THE COMMITTEE ON FINANCE
No. 178
BY MR.COLLINS
EXCESSIVE DEBRIS ON CITY STREETS
WHEREAS: Throughout the City of Buffalo there is an excessive amount
of debris, which is a hazard to public safety and a blemish to the City's
aesthetic qualities; and
WHEREAS: The uncollected rubbish and debris that line the City streets has
exceeded the limit of understanding and patience that the residents,
particularly in the Hasten District, have had to endure for such a
unconscionable period of time; and
WHEREAS: Warm weather will arrive soon and reveal this foul environment
which would reflect sorely on our community; and
WHEREAS: The City of Buffalo must be prepared to present a
clean environment in anticipation of the visitors that will be attending the
1993 World Games. We must strive toward having a working system in place.
NOW THEREFORE BE IT RESOLVED:
That this Honorable Body respectfully requests that the Department of Street
Sanitation develop a plan to establish policies and a timetable for improving
the unclean conditions of the streets within the City of Buffalo; and
BE IT FURTHER RESOLVED:
That this Common Council request the Commissioner of Street Sanitation file a
report with the Council on his procedure for improving the conditions of
Buffalo's City streets/
ADOPTED
No. 179
BY:MR. COPPOLA
Dogs in The Parks
WHEREAS: Ordinance 309-16, used to support the prohibition of
dogs in city parks, dates back to the original Buffalo City Charter ;and
WHEREAS: It is not only outdated in wording and intent, but it had not been
enforced for an extensive period ; and
WHEREAS: During this period the people of Buffalo have become accustomed to
walking their dogs along and within city parkways and parks in accordance with
ordinance 78-18A which allows a dog to "be taken off the premises of its owner
when securely held in leash" ; and
WHEREAS: Article 7, Section 124 of New York State law permits municipalities
to impose restrictions upon the "running at large of dogs. . provided no
municipality shall vary, modify, enlarge, or restrict the provisions of this
article relating to identification, licensing and rabies vaccination"
NOW THEREFORE BE IT RESOLVED THAT:
Corporation Counsel prepare an ordinance amendment to 309-16 for the next
council meeting, March 19th, in order to provide that no animals, except
domesticated animals (dogs, cats) which are restrained by collar and leash or
those animals permitted in the parks by the authority of the Commissioner of
Parks, shall be allowed within park grounds or alongside the parkways of the
City of Buffalo ;and
BE IT FURTHER RESOLVED THAT:
Corporation Counsel incorporate provisions of the New York City "Pooper
Scooper" Law in order to ensure the protection of public health and safety.
ADOPTED
No. 180
BY MR. COPPOLA
CONSOLIDATION OF LOCAL GOVERNMENTS
WHEREAS: Last Summer Governor Mario Cuomo set up a blue ribbon
Commission on the Consolidation of Local Governments; and
WHEREAS: This Commission is looking at the consolidation of services rather
than the elimination of certain forms of government; and
WHEREAS: Every city, town and village in Erie County has, in one case or
another, services that are overlapping in nature; and
WHEREAS: Economy of effort is the main goal of the Commission; and
WHEREAS: Many counties at this very time are trying to be creative in the
sharing of services, manpower and buying power; and
WHEREAS: It would be in the best interest of all cities, towns and villages in
Erie County to look at common purchasing, sharing services and bid sheets; and
WHEREAS: With the fiscal crisis that is upon us, every locality in Erie County
must take a realistic view of what they can do to cut the cost of government
without jeopardizing services.
NOW, THEREFORE BE IT RESOLVED:
That The City of Buffalo, County of Erie and every other governmental
subdivision in Erie County, begin preliminary talks on the duplication of
services, with a committee then being formed to set a time frame to begin the
process of consolidation of services.
ADOPTED
AYES-BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO, PERLA,
RUTECKI-9. NOES-AMOS, ARTHUR, BELL,PITTS-4.
No. 181
BY:MR.COPPOLA
162 Stratford Road
WHEREAS: Mr. Daniel J. Markiewicz Jr. of 162 Stratford Road has
been having continuous sewer problems since 1981 ; and
WHEREAS: Every receipt shown has stated tree roots as the existing problem and
the cause of the sewer backup and
WHEREAS: A contractor who had started working on the job was removed by the
city
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council receive a report from the City of Buffalo and the Buffalo
Sewer Authority regarding the sewer problem at 162 Stratford ; and
BE IT FURTHER RESOLVED THAT:
Mr. Markiewicz's case be sent to claims committee for reimbursement
REFERRED TO THE COMMITTEE ON CLAIMS AND THE BUFFALO SEWER AUTHORITY
No. 182
BY:MR. FAHEY
Amend Interim Lease with Sabres
WHEREAS: Niagara Frontier Hockey LP, (NFH), commonly known as the
Buffalo Sabres, and the City of Buffalo entered into an interim lease agreement
for the use of Memorial Auditorium, commencing on July l, 1990, and expiring on
June 30, 1995; and
WHEREAS: Provisions in this interim lease allow NFH, at its sole option, to
terminate this Agreement:
(a) effective as of June 30, 1992, if by March l, 1992, the City fails to (i)
gain complete site control over the site (reasonably acceptable to NFH) for the
new arena and proposed parking area; and (ii) complete and present for review
by NFH 30% stage architectural drawings and detailed plans for the construction
of a new arena in form and substance reasonably acceptable to NFH and in
conformity to the standards and guidelines for new NHL facilities; or
(b) effective as of June 30, 1993, and June 30, 1994, if (i) by January l,
1993, such 30% stage architectural drawings and detailed plans have not been
adopted by the City and firm financial commitments, in form and substance
reasonably acceptable to NFH and the City, sufficient to construct such new
facilities are not in place; and (ii) by March 31, 1993, construction of such
new facility has not been commenced pursuant to a construction contract in form
and substance reasonably acceptable to NFH which provide for a completion date
not later than August 31, 1994; and
WHEREAS: NFH shall have no right to terminate this agreement effective June
30, 1994 if the conditions in paragraph l(A)(b)(i) and (ii) are fully
satisfied; and
WHEREAS: Recent developments, most notably the fiscal and budgetary problems
faced by the city due to reductions in State aid and the time required for
extensive and exhaustive site selection studies, have made the timetable
detailed in the interim lease unrealistic in terms of both funding and
planning; and
WHEREAS: Through the years, the relationship between the City and the Sabres
has been a favorable one, with the City serving as a fair landlord and the
Sabres as a true community asset; and
WHEREAS: Both parties have expressed a desire to
continue this relationship,
and good faith effort has been evident by all to accommodate mutual needs and
expectations; and
WHEREAS: To realistically accomplish the mutual goals defined in the interim
lease, an extension of the timetable is necessary; and
[WHEREAS:: Extending by one year each of the thresholds detailed in the
interim lease, and an actual lease extension through June 30, 1996, would be an
appropriate and prudent action.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council formally requests that Niagara Frontier Hockey LP
enter into negotiations with the city in order to amend the existing interim
lease agreement for the use of Memorial Auditorium; and
BE IT FURTHER RESOLVED:
That the proposal for extension be based on an expiration date of June 30,
1996, with the dates detailed in Section l. Term, (A), subsections (a) and (b)
delayed by one year in each instance; and
BE IT FINALLY RESOLVED:
That this Common Council requests that the Sabres respond to this resolution on
or about April l, 1991, at' which time completion of site selection studies is
anticipated.
REFERRED TO THE TASK FORCE AUDITORIUM-STADIUM AND THE CORPORATION COUNSEL
No. 183
BY: MR. FAHEY
Home Rule Message-Assembly Bill # 751: Senate Bill #2703 - An
Act to Amend General Municipal Law in Relation to the Time for Filing Reports
of Financial Conditions by the City of Buffalo
WHEREAS: There has been introduced in the State Legislature Assembly
Bill #751 and Senate Bill #2703; and
WHEREAS: Said bill is an act to amend general municipal law in relation to
the time for filing reports of financial conditions by the City of Buffalo; and
WHEREAS: This amendment extends Buffalo's filing deadline for financial
report submission to the State Comptroller from the current sixty (60) day
period to a four (4) month period after the close of its fiscal year.
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo hereby requests the enactment into law of Assembly
Bill #751 and Senate Bill #2703, "An Act to Amend General Municipal Law in
Relation to the Time for Filing Reports of Financial Conditions by the City of
Buffalo"; and
BE IT FURTHER RESOLVED:"
That the City Clerk is hereby authorized and directed to certify the passage of
this resolution to the State Legislature and to send copies thereof to the Home
Rule Counsel of the Senate and the Assembly and members of the Western New York
delegation.
ADOPTED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES- ARTHUR-1
No.184
BY MR. FAHEY
INDEMNIFICATION OF THE BOARD OF
EDUCATION AND ACCEPTANCE OF FUNDS FOR
THE LIGHTED SCHOOLHOUSE PROGRAMS
WHEREAS: The Common Council approved a resolution, C.C.P. #338,
September 20, 1988 which authorized the Department of Human Resources, through
the Division for Youth and others to conduct Lighted Schoolhouse Programs
without obtaining insurance coverage; and
WHEREAS: Approval of each program must be authorized by the Common Council;
and
WHEREAS: The Lighted Schoolhouse Program continues to be of great benefit to
the citizens of the City of Buffalo enabling citizens to utilized city school
buildings in the evening hours, during the summer, holidays, weekends and on
other occasions; and
WHEREAS: The varied programs offered by the various sponsors of this program
(Buffalo Division for Youth, community corporations, civic organizations, etc.)
make it difficult to plan for and obtain insurance coverage; and
WHEREAS: Lighted Schoolhouse Programs were originally approved to be
conducted at the following schools: Traditional, Campus East, East Side YMCA,
MLK Casino, Southside. 137, MLK, #40, #44, Build, #54, #56, #81, McKinley, 119,
138, #45, #63, #68 and Waterfront; and
WHEREAS: The Buffalo Board of Education has agreed to provide $94,129 to
reduce rental costs at these facilities, opening the opportunity to provide
Lighted Schoolhouse Programs at four additional schools: 111, 128, 171 and #80
to run for 10 weeks; and
WHEREAS: This agreement will also extend existing programs at the originally
approved schools to run for 20 weeks; and
WHEREAS: The Buffalo Urban Renewal Agency, at its meeting of February 28,
1991, approved Item 3b, amending the budget to extend the Lighted Schoolhouse
Program to these sites.
NOW THEREFORE BE IT RESOLVED:
That this Common Council authorizes the Department of Human Resources, through
the Division of Youth, various community corporations, civic organizations, and
other persons, firms, corporations, and agencies to conduct Lighted Schoolhouse
Programs without obtaining insurance coverage, provided that each program and
its sponsor be first approved and authorized by this Common Council, that such
authorization by this Common Council, that such authorization and approval to
be communicated to the Buffalo Board of Education, AND
BE IT FURTHER RESOLVED:
That the City of Buffalo, New York hereby agrees to indemnify and hold harmless
the Board of Education of the City School District of the City of Buffalo, New
York, of and from any and all manner of action and actions, cause and causes,
suits, debts, dues, sums of money, accounts reckoning, bonds, bills,
specialities, covenants, contracts, variances, trapezes, damages, judgements,
extents, executions, claims and demands, whatsoever in law or in equity, on
account of the conduct of such Lighted Schoolhouse Program undertaking, with
prior approval and authorization of the Common Council; and
BE IT FURTHER RESOLVED:
That the Common Council approves and authorizes the extension of the Lighted
Schoolhouse Program.
PASSED
AYES-13 NOES-0
No. 185
BY MR. FAHEY
SCHEDULE PUBLIC HEARING .BMHA DESEGREGATION PLAN
WHEREAS: A ppublic hearing of the Legislation Committee of this
Common Council, attended by over 400 concerned residents of Buffalo's public
housing, was held January 15, 1991 by this Honorable body to discuss the Tenant
Selection and Assignment Plan developed by the BMHA and HUD; and
WHEREAS: As a result of the public hearing this Common Council Adopted
Resolution $ 213 January 22, 1991 "REQUEST INJUNCTION AGAINST SELECTION AND
ASSIGNMENT PLAN"; and
WHEREAS: The resolution requested the Board of Directors of the BMHA to
withhold its approval of the Tenant Selection and Assignment Plan and directed
the Corporation Counsel to seek an immediate injunction against implementation
of the agreement between HUD and the BMHA that implements a Tenant Selection
and Assignment Plan; and
WHEREAS: On January 22, 1991 the Board of Directors of the BMHA voted to
table the Tenant Selection and Assignment Plan; and
WHEREAS: Recently, federal officials have stated they were reconsidering
some key provisions found offensive by tenants and local officials on the
proposed desegregation plan; and
WHEREAS: The Buffalo League of Public Housing Tenants have voiced strong
opposition to the Tenant Selection and Assignment Plan and support all actions
taken by this Common Council;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hold a second hearing to discuss recent developments
concerning this issue and invite U.S. Senator Daniel Patrick Moynihan, U.S.
Housing Secretary Jack Kemp, Board of Directors for the Buffalo Municipal
Housing Authority, Joseph Lynch, manager of the Local Housing and Urban
Development and the Buffalo League of Public Housing Tenants; and
BE IT FINALLY RESOLVED THAT:
This Honorable Body directs the City Clerk to send certified copies to the
above named and requests responses at the earliest possible date.
ADOPTED
No. 186
BY:MESSRS FAHEY, BAKOS, HIGGINS,AND FRANCZYK
SET PUBLIC HEARING: land disposition agreement LOVEJOY SOUTH FILLMORE
NEW HOUSING PROJECT COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM APEX
DEVELOPMENT & CONSTRUCTION CO., REDEVLOPER
WHEREAS, Apex Development and Construction, Co. and/or other legal
Redeveloper has bbeen duly designated as qualified
entity to be formed (herein referred to as the
and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency
(herein referred to as the Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
disposition Agreement for the construction of ten (10) residential units of new
housing known as the Love joy-South-Fillmore New Housing Project in the
Community Wide Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Lawn requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
8th day of March 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers
on the 19th day of March 1991.
ADOPTED
No. 187
BY:MESSRS.: FAHEY, ARTHUR AND BELL
Appointments to Main Street Site Development Plan Review
Panel
WHEREAS:On December11,1990, the Common Council adopted an ordinance
amendment to Chapter 6 Article VII by adding a Main Street Site Development
Plan Review Panel; and
WHEREAS: According to this ordinance amendment the panel shall consist of
seven members; four members shall be appointed by the Mayor, two by the Common
Council, and one by the District Councilmember within whose district a project
is being reviewed on a project by project basis.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council hereby appoints the following individuals to the Main
Street Site Development Plan Review Panel:
Margaret Strassner Clark E. Eaton
259 Humboldt Pkwy. 242 Blaine
Bflo., N.Y. 14208 Bflo. N.Y. 14208
[ADOPTED
No. 188
BY: MESSRS. FRANCZYK, AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA
FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, RUTECKI AND MRS. LoTEMPIO
PUBLIC HEARING ON FINANCIAL STATUS OF
NON-PROFIT COMMUNITY BASED
ORGANIZATIONS AFFECTED BY NEW STATE BUDGET CUTS.
WHEREAS: New York State budget problems have affected not only
local governments, but also scores of non-profit community based organizations;
and,
WHEREAS: Many non-profits receive funding through New York State grants for
a significant portion of their programming; and,
WHEREAS: In many cases, this state funding, especially member item grants,
has been held up and future grants appear unlikely; and,
WHEREAS: These community agencies provide needed services that may be lost
if state funding is curtailed; and,
WHEREAS: At least one agency has undertaken drastic cuts and others are
preparing to take action; and,
WHEREAS: If state aid is permanently cut back, quite possibly several
important community groups may close.
NOW THEREFORE BE IT RESOLVED:
That this Common Council hold a public hearing to determine how extensive the
impact that state budget cuts may have on Buffalo's non-profit community
agencies; and,
BE IT FURTHER RESOLVED:
That this Common Council extend an invitation to all city-funded nonprofit
agencies, as well as any other group affected by state cut backs, to appear at
this hearing and inform the public about the impact of the potential cut backs
in state funding; and,
BE IT FURTHER RESOLVED:
That this Common Council also extend an invitation to all local members of the
state legislature, the Speaker of the Assembly, the senate MAJORITY Leader and
the Governor; and,
BE IT FINALLY RESOLVED:
That the results of the hearing be compiled into a report and sent to all local
members of the state legislature, the leadership of the state legislature and
the Governor, so that they may be made aware of the impact of cut hacks on
local non-profits before this year's budget negotiations begin,
REFERREDTOTHECOMMITTEEONECONOMIC DEVELOPMENT
No. 189
BY MR. FRANCZYK
CRIME WATCH PROGRAM
WHEREAS: The residents of Sears, Clark, Sweet, Detroit, Person,
Peck, Titus, Fillmore, Peckham, Wilson, Townsend and Sobieski Streets have
become quite concerned about the crime rate in their neighborhood. They have
been meeting to determine ways of deterring crime, and
WHEREAS: These clubs have been meeting on a regular basis and have expressed
an interest in joining the Crime Watch Program, and
WHEREAS: Residents of the Block Clubs have submitted a petition to the Colon
Council to demonstrate their desire to participate.
NOW THEREFORE BE IT RESOLVED THAT:
The Colon Council approves the entry of the street listed above in the City of
Buffalo Crime Watch Program.
BE IT FURTHER RESOLVED THAT:
The Common Council requests the Police Department to work with these
Neighborhood Block Club's and that appropriate signs be placed and made
available.
PASSED
AYES-13 NOES-0
No 190
BY MR.. FRANCZYK, BAKOS AND RUTECKI
COMMON COUNCIL AUTHORIZATION TO REACTIVATE BUFFALO'S SISTER CITY
PROGRAM WITH RZFSZOW, POLAND
WHEREAS: The Sister City concept was inaugurated in 1956 by President
Dwight D. Eisenhower to establish greater friendship and understanding between
the peoples of the United States and other nations through the medium of
personal contact; and,
WHEREAS: All succeeding U.S. presidents have endorsed the Sister cities
program which is conducted for the broad purpose of an exchange of ideas
between the citizens of the U.S. and other nations; and,
WHEREAS: Sister Cities International of Alexandria, Virginia, an
organization set up to foster Sister City exchange requests that cities
interested formally' affiliate with cities of other nations; and,
WHEREAS: On June 2, 1975, Buffalo Mayor Stanley M. Makowski, and the former
Mayor of Rzeszow, Edward Bilut, signed the contract of Cooperation between the
City of Buffalo and the City of Rzezow: and,
WHEREAS: Since the signing of the Contract of Cooperation between Buffalo'
and Rzeszow, official exchanges between the two Cities have gradually waned,
therefore requiring a renewed effort to redevelop and strengthen our Sister
City ties; and,
'WHEREAS: A committee set up by Mayor James D. Griffin and chaired by Henry
Sumyc has been working to re-establish Sister City
linkages with Rzeszow; and,
WHEREAS: The re-formed Buffalo/Rzeszow mister City Committee includes local
Polonia activists as well as Common Council members; and,
WHEREAS: The recently held elections of the first democratic local
governments in Poland in fifty years make Sister City affiliation with Polish
cities important to the growth and development of democracy with that
niacinamide,
WHEREAS: The Mayor and Council Members of Rzeszow have expressed a great
eagerness to learn about the functioning of government in Buffalo, and plan to
send a delegation of elected officials for an "internship" here; and,
WHEREAS: trio former Buffalo Common Council staffers, Stan Franczyk and
Andrew D. Golebiowski, program Director of the Sister Cities Polish office in
Alexandria, have travelled to Rzeszow in resent months to cultivate close
contacts with Polish elected officials; and,
WHEREAS: More than two-hundred years of the evolution of government in our
nation coupled with the excitement in Poland over the establishment of freely
elected local government in Poland, should provide for an invigorating and
interesting exchange of ideas between Buffalo and Rzszow;
NOW THEREFORE BE IT RESOLVED:
That this common Council supports the efforts of the local Rzesow/
Buffalo committee to reactivate an official Sister City program with Rzeszow,
Poland; and,
BE IT FURTHER RESOLVED:
That the Common Council extend an invitation to the government and people
of Rzeszow to formally reactivate its Sister City program with Buffalo for the
purpose of creating greater mutual understanding between the peoples of our
great cities; and,
BE IT FURTHER RESOLVED:
That the Mayor is authorized to act as official representatives of the
City of Buffalo in order to facilitate the establishment of a sister City
exchange program between Buffalo and Rzeszow; and;,
BE IT FINALLY RESOLVED:
That copies of this Resolution be sent to the Mayor of Rzeszow, Zdzislaw Banat,
it City council, Sister Cities International, the Embassy of the Republic of
Poland in Washington, D.C. and the United States' Embassy in Warsaw, Poland.
ADOPTED
No. 191
BY:MR. HIGGINS
REQUEST FOR A WRITTEN RESPONSE FROM ADMINISTRATION [AND THE BOARD
OF EDUCATION TO THE CONCEPT OF FISCAL [INDEPENDENCE AS RECOMMENDED BY THE
COMMISSION ON [QUALITY EDUCATION IN BUFFALO FOR THE 1990'S
WHEREAS: The Commission on Quality Education in Buffalo for the
1990's, established by the the Common Council, issued its final report on
January 6, 1991; and
WHEREAS: The Commission recommended adopting a course which will lead to
fiscal independence for the Buffalo Schools; and
WHEREAS: The Commission recommended this be done in a two-step procedure:
1. A negotiated five (5) year agreement between the Administration,
Board of Education, and Common Council dedicating a percentage of property tax
revenues for educational purposes; and
2. The agreement would include the provision that if
fiscal independence for the Buffalo Public Schools were not attained in its
first five years, the agreement would convert to a division of the
constitutional taxing limit between the Board of Education and the City of
Buffalo reflective of, but not necessarily identical to the Rochester plan now
in effect and
WHEREAS all levels of government are reevaluating their funding abilities,
the time is right to explore alternatives to the present budget system.
NOW THEREFORE BE IT RESOLVED: The Common Council requests a written response
from the Administration and the Board of Education as to their willingness to
pursue the recommended fund-sharing agreement and to explore the concept of
fiscal independence.
AND BE IT FURTHER RESOLVED: These written responses are requested no later than
April 1, 1991
REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF EDUCATION AND THE MAYOR
No. 192
BY:MRS. LOTEMPI0 AND MESSRS. BELL AND FRANCZYK
EQUALITY IN LEARNING FOR BUFFALO PUBLIC SCHOOL CHILDREN
WHEREAS: On June 19, 1980, the Federal Court ordered the Phase
III plan to integrate the Buffalo Public Schools; and
WHEREAS: The Board of Education developed educational methods to help create
a new and unique school system, including early childhood centers, magnet
schools, and academies; and
WHEREAS: Because of the great success of these programs, Buffalo schools
have been recognized as leaders in the education field; and
WHEREAS: While magnet schools have flourished during this period, the so
called "neighborhood schools" and the students of those schools, are not
receiving the same educational opportunities as those of the magnet schools and
academies; and
WHEREAS: There have been complaints by parents and educators alike that the
magnet schools have better instruction, better facilities, and better equipment
then those of the so called "neighborhood schools"; and
WHEREAS: All of Buffalo's children deserve the right to excellence in
education regardless of the name affixed to the school building they attend;
NOW, THEREFORE BE IT RESOLVED: That the Board of Education file with this
Council a detailed breakdown of the funding to and test scores of neighborhood
schools in comparison to early childhood centers, magnet schools and academies;
and BE IT FURTHER RESOLVED: That this Council hold a public hearing to have the
Buffalo Board of Education speak to the perceived discrepancies in the quality
between neighborhood schools and the ECC, Magnet and Academy schools.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF EDUCATION
No. 193
BY:MESSRS. PERLA, COPPOLA AND RUTECKI
DISPOSAL OF HOSPITAL,WASTES
WHEREAS: Alternatives to the current disposal of hospital wastes
must be established by January l, 1992 in order to meet stricter air pollution
regulations set by the New York State Department of Environmental Conservation
(DEC); and
WHEREAS: The local hospitals which will be subject to the new DEC
regulations include Buffalo General, Children's, Columbus, Deaconess, Erie
County Medical Center, Mercy, Millard Fillmore, Roswell Park Memorial
Institute, St. Francis, Sheehan Memorial, Sisters and Veterans; and
WHEREAS: A majority of the local hospitals currently operate incinerators to
burn infectious waste and other hospital materials, and the DEC has noted that
none of the existing local facilities will meet the new DEC regulations; and
WHEREAS: The high proportion of complex plastic materials and chlorinated
paper in modern hospital waste, combined with operating procedures which are
subject to breakdown and human error, creates the potential for the release of
toxic heavy metals, acid gases and deadly dioxins when hospital wastes are
incinerated; and
WHEREAS: There are several strategies which can be used to reduce the
dangers posed by the incineration of hospital waste, including; concentrating
the incineration of all local medical wastes at one site which could be well
maintained and closely monitored; locating incinerators away from populated
areas; treating the wastes using steam, heat, or disinfecting agents, followed
by compacting and landfilling; reducing wastes by implementing reusables and
recycling non-infectious waste; and segregating chemicals from the general
waste stream for disposal at commercial hazardous waste facilities; and
WHEREAS:: The 1990 State of the Environment Report for Buffalo highlighted
the need for local hospitals to strive for minimizing waste disposal and
developing programs for recycling and reuse; and
WHEREAS: The development of alternative disposal methods for hospital wastes
could be an important step towards improving the state of the environment for
the City of Buffalo.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Western New York Hospital Association to
report on the feasibility of member hospitals performing waste audits with a
goal of decreasing the amount of wastes which are incinerated by local
hospitals;
BE IT FURTHER RESOLVED THAT:
Such audits include an examination of the feasibility of reducing wastes by
substituting reusable materials such as cloth diapers, stainless steel bedpans,
reusable plates and dishes, and glass IV bottles, and;
BE IT FURTHER RESOLVED THAT:
Other areas to be included are recycling operations for non-infectious paper
and plastic wastes, and separation programs to insure that hazardous materials
such as low level radioactive wastes, cleaning solvents, etc. are properly
segregated and disposed of; and
BE IT FURTHER RESOLVED THAT:
The Association also be requested to report to the Council on the feasibility
of on-site autoclaving as a way to avoid air pollution in Buffalo's
neighborhoods given the fact that the Chautauqua County landfill is reportedly
ready to receive autoclaved wastes; and
BE IT FURTHER RESOLVED THAT:
The Association be requested to report to this Council on plans of its member
hospitals to meet the January, 1992 deadline as the plans become available; and
BE IT FINALLY RESOLVED THAT:
The City Clerk be directed to send a certified copy of this resolution to the
Western New York Hospital Association requesting the Association to respond to
the requests contained herein.
ADOPTED
No. 194
BY MESSRS. PITTS AND AMOS
CITY OF BUFFALO
LOCAL LAW NO ________ (1991)
INTRODUCTORY NO.4 (1991)
A LOCAL LAW amending section two hundred fifty-two of article thirteen
of the charter of the city of Buffalo, in relation to deputy fire
commissioners.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section l. That section two hundred fifty-two of article 13 of the
charter of the city of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 252. Deputy Commissioners of Fire.
There shall be at least two and no more than four deputy commissioners of
fire who shall be appointed and removed as provided in this act and whose
duties shall from time to time be assigned to them by the commissioner of fire.
On removal, without cause, of a deputy commissioner of fire, who, at the time
of his appointment as a deputy commissioner of fire was a member Of the
department of fire, he shall, before such removal without cause becomes
effective, be restored at his request to the rank and duty which he held at the
time of his appointment.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE COMMISSIONER OF FIRE, THE CORPORATION COUNSEL AND LOCAL 282
No. 195
BY MR. PITTS
SALARY ORDINANCE AMENDMENT
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances Of the City of
Buffalo, relating to 06-3 Division of Labor Relations under the subheading
"001-Labor Relations " which reads:
l Legal Stenographer $20,508 - $23,886
It is hereby amended to read:
l Administrative Aide $18,425 - $20,572
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, RICHARD PLANAVSKY, Commissioner of Administration and Finance and
THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of
one (l) Legal Stenographer position and the creation of one (l) Administrative
Aide position is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said position be fixed at the respective amount set forth in
the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 196
BY: MR. PITTS
SUNRISE SERVICE ERIE BASIN MARINA
WHEREAS: The St. Paul's & St. Mark's United Church of Christ
sponsors an annual Easter Sunrise Service at the Erie Basin Marina. The
service usually attracts a large contingent of worshippers, and
WHEREAS: This year the service will be held March 31, 1991 at 6:30 am.
The church would need access to the Marina by 6:00 am., and
WHEREAS: The Department of Public Works has cooperated with the church by
unlocking the gates and providing access to electricity. The church is
requesting the Commissioner to again provide access and electrical hook-ups for
microphones.
Now THEREFORE BE IT RESOLVED THAT:
The Common Council approves the use of the Erie Basin Marina by the St. Paul's
& St. Mark's United Church of Christ for an Easter Sunday Sunrise Service on
March 31 at 6:00 am. This permission is subject to conditions established by
the appropriate City Departments.
PASSED
AYES-13 NOES-0
No. 197
BY:MESSRS. PITTS AND RUTECKI
COUNCIL COSPONSORSHIP OF CONFERENCE ON REDUCING
PESTICIDE HAZARDS
FOR WORKERS
WHEREAS: This Common Council, through the creation of the Pest Management
Board, has expressed its commitment to cutting the use of hazardous pesticides
by the city and promoting the safety of those who work with pesticides; and
WHEREAS: Local labor unions, under the leadership of the Western New York
Council on Occupational Safety and Health and the New York Coalition for
Alternatives to Pesticides, have organized a conference to educate public
employees on alternatives to pesticides and the safe use of pesticides where
they are necessary; and
WHEREAS: This conference will be held at the Marygold Manor on April 9,
1991, and will involve top experts in the field who can educate workers in
protecting the environment and promoting their own safety on the job;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council expresses its intent to serve as a cosponsor of this
conference and urges all city departments to send as many employees as
practically possible to learn how to protect both their health and the
environment.
ADOPTED
No. 198
BY MR. RUTECKI
Pilot Air Freight Naming Rights Payments
WHEREAS: Pilot Air Freight Corporation has not made payment of
B
$52.000 to the City of Buffalo for the naming rights of the aseball Stadium
which was due to the City of Buffalo on January 29, 1991; and
WHEREAS: The City of Buffalo Corporation Counsel has acknowledged the fact that
Pilot Air Freight Corporation will be in default if payment is Stadium to
continue to carry It's logo; and
WHEREAS: The City of Buffalo will have no alternative but to exercise its right
to terminate the Pilot Field Naming Rights Agreement If Pilot Air Freight
Corporation does not make it's payment to the City of Buffalo on or before
March 1, 1991; and
WHEREAS: A breech of Contract by the Pilot Air Freight Corporation with the
City of Buffalo would enable the City to entertain proposals for Stadium Naming
Rights; and
THEREFORE BE IT RESOLVED THAT:
If payment of the agreed amount of $52,000 by Pilot Air Freight Corporation to
the City of Buffalo is not received on or before March 1, 1991 the Corporation
Counsel Is authorized to file the necessary papers in court to declare Pilot
Air Freight in default of Its contractual obligations; and
BE IT FURTHER RESOLVED THAT:
If Pilot Air Freight Corporation is found In default of Its agreement with the
City that this Common Council does hereby authorize the Mayor to issue a
request for proposals for the naming rights for Pilot field
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
AYES-AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES-BELL-1
No. 199
BY MR. RUTECKI
CONSOLIDATE VOTER REGISTRATION SERVICES
WHEREEAS: The City of Buffalo will be involved in four elections
and an additional two voter registration days in the 1991-1992 fiscal year --
September 1991, November 1991, April 1992 and May 1992; and
WHEREAS: Last year it cost the City of Buffalo $268,292.14 to register 1045
people, a breakdown of $256.74 per registrant who registered on either of the
two special registration days in October of 1990; and
WHEREAS; During these difficult financial times, the Board of Elections
should begin to develop a plan to consolidate voter registration services at a
much lesser expense to the City of Buffalo; and
WHEREAS: An increasingly used option of mail-in registration has reduced the
number of people in need of voting site registration services: and Instead of
having a team work for each voting district, a plan should consider having only
one team work where there is more than one election district voting at a voting
site: and
WHEREAS; Another more consolidated plan would consider establishing one
central location per councilmanic district using a present Board of Elections
site; and
NOW THEREFORE BE IT RESOLVED THAT:
This Honorable Body requests the Board of Elections to develop a plan to
consolidate voter registration services and submit its proposal to this Council
for review
ADOPTED
AYES-AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO, PITTS, RUTECKI-9
NOES-ARTHUR, BELL, COLLINS, PERLA-4
No. 200
BY MR. RUTECKI
RE: ORDINANCE AMENDMENT
NEW SECTIONS ADDED TO CHAPTER 216
OFFENSIVE OR NOXIOUS ODORS
The Common Council of the City if Buffalo does hereby ordain as
follows:
Section 1.
That new sections be added to Chapter 216 of the Code, with sections and
section headings to read as follows:
ARTICLE IX
OFFENSIVE OR NOXIOUS ODORS
216-30 Legislative Determination of Intent
216-31 Definitions
216-32 Noxious or Offensive Odors
216-33 Factors in Making a Determination
216-34 Hearing Procedures
216-35 Savings Clause
216-36 Transitional . Provisions
Sec. 216-30 Legislative Determination of Intent
The Common Council determines that the production by business, commercial
or manufacturing establishments of offensive or noxious odors is a detriment to
the comfort, convenience, safety, health and welfare of the citizens of the
City. The Common Council determines that no reliable scientific objective
standard or test for the existence of an offensive or noxious odor exists in
present day science or technology. The Common Council further determines that
the detriment to the comfort, convenience, safety, health and welfare of the
citizens of the City caused by noxious or offensive odors emanating from a
business, commercial or manufacturing establishment may, under certain
circumstances, be outweighed by and made secondary to the public benefits, in
the form of jobs, increased property taxes, promotion of the highest and best
use of land and natural resources and general economic stimulation, created by
such a business, commercial or manufacturing establishment.
To balance the public comfort and the economic well-being of the City of
Buffalo, the Common Council hereby establishes a system for the regulation of
such establishments, the initiation of which lies with specified percentages of
persons within a designated area. The final determination as to operation or
continuing operation of each establishment lies with this Common Council.
Sec. 216-31 Definitions
Noxious or offensive odor. The minimum concentration of odor required to
give the first sensation of fetid or noisome odor to a person of average odor
sensitivity.
Impact area. The area within a circumference of a circle or circles
drawn by the sweep of a quarter mile radius from the point or points of
emission of an odor from a business, commercial or manufacturing establishment.
To qualify as an impact area, at least twenty percent (20%) of the area within
the circle drawn must include land designated for a residential use by Chapter
511, Articles IV through and including VIII of the Code of the City of Buffalo.
Petition. A document in the form prescribed by the City Clerk,
containing the dated signatures of at least twenty percent (20%) of the owners
of real property within the area of land contained in the impact area. The
total number of owners may be determined by the Division of Planning within the
Department of Community Development. The petition must state that those owners
consider the odor or odors emanating from a business, commercial or
manufacturing establishment to be noxious or offensive. The length of time
between the earliest dated and the last dated signature must be no more than
sixty (60) calendar days. A petition regarding a specified commercial or
manufacturing establishment shall be accepted by the City Clerk only if it is
filed for the first time or more than five (5) years have elapsed between the
presentation date of the petition and the action by the Council on a prior
petition involving the same establishment.
Sec. .216--32 Noxious or Offensive Odors
Regulated Use Permits. Whenever a petition as specified in this Article
is submitted to the City Clerk stating that a use undertaken in an impact area
is creating or has created noxious or offensive odors, that use may continue
without modification until the Common Council may authorize and direct the
approval, the approval with conditions or the denial of the issuance of a
regulated use permit pursuant to the provisions of this Article.
a. Should the Common Council deny issuance of such a regulated use
permit the owners of such an establishment shall cause the operation of the
establishment to terminate within the number of calendar days prescribed by the
Common Council for such termination.
b. Should the Common Council determine that the use should be continued
with a condition or conditions, a regulated use permit shall be issued upon
that condition or conditions, subject to revocation by the Common Council
should the condition or conditions not be fulfilled.
Sec. 216-33 Factors in Making a Determination
In making a determination under 216-32 of this Article, the Common
Council shall consider the following factors and make specified findings
thereon:
a. Whether the use complained of in the petition predated the residential
uses affected.
b. The economic impact on the establishment and the City and its
citizens of denying the use or permit or approving it with conditions,
including jobs lost, reduction in the taxable assessment base and the like.
c.Whether the residents' loss of comfort can be compensated for without
the termination of, or modification of, activities by the establishment.
Sec. 216-34 Hearing Procedure
When the Common Council shall determine that there appears to have been
properly filed by the appropriate minimum number of owners within the impact
area a petition or petitions as herein prescribed, the Common Council shall, by
resolution, designate a hearing or hearings to be conducted by the Council in
accordance with this section and upon notice as hereinafter provided.
a. Service of Notice. A notice of the hearing to be held shall be
published in a in a newspaper of general circulation at least ten (10) but not
less five (5) days before the hearing or hearings specifying the purpose
of the hearing, and its date, time and place. Such a notice shall also be
required to be sent, by the ordinary mail, within the same time period to each
person who signed the petitions herein at the stated address in the petition.
Notice shall also be served in the ordinary mail to the business,
commercial or manufacturing establishment named in the petition at the address
of such establishment. The City Clerk shall take such other steps as the Clerk
may deem necessary to assure that the establishment, through its
representative, has notice of the hearing and of the existence of the
petitions. Upon the request of such establishment, through its representative
or representatives further information shall be provided regarding the
petitions, any resolution of the Council authorizing such hearing or hearings,
and the provisions of this Article. Notwithstanding the foregoing, if the
establishment through its representative or representative shall request the
Common Council, through its President or any member, to recess the hearing for
the purpose of preparing a presentation to the Council, then such a recess
shall be granted to another day not more than one month from the first hearing
date.
b. Conduct of the hearing. During the course of the hearing or hearings,
persons so notified shall be offered the opportunity to present testimony and
evidence regarding the odor or odors emanating from the establishment and to
cross-examine witnesses so testifying. Such testimony shall be recorded and a
transcript made available free of charge to anyone who testifies. At the
conclusion of the hearing or hearings, the findings, determinations and
recommendations based on the evidence received shall be reported to the Common
Council for consideration at its next regularly scheduled meeting. Such report
shall include among other items, a determination as to whether the odor or
odors emanating from the establishment are noxious or offensive. If such a
determination is made in the affirmative, the Report shall recommend to the
Council what action, if any, the Council should take pursuant to this Article,
including the issuance of a regulated use permit.
Sec. 216-35 Savings Clause
If any portion of this Article ~is declared unconstitutional, such a
declaration shall not affect the constitutionality of any remaining portion.
Sec. 216-36 Transitional Provisions
The approval by the Common Council of these amendments shall not affect
in any way the validity of any Petition or Petitions submitted prior to the
approval of these amendments.
Sec. 216-37 Remedies; Action for Permanent Injunction
Whenever the Common Council has determined by resolution, pursuant to
Section 32 of the Charter of the City of Buffalo, has determined that a
regulated use permit issued in accordance with the provisions of this Article
should be revoked, the Corporation Counsel shall bring and maintain a civil
proceeding in the name of the City. in the Supreme Court of the County of Erie,
for a judgment permanently enjoining the operation of the establishment from
which noxious or offensive odors emanate.The existence of an adequate remedy at
law shall not prevent the granting of permanent injunctive relief pursuant to
this Article.
a. With respect to any action commenced or to be commenced pursuant to
this Article, the Corporation Counsel shall file a notice of pendency pursuant
to the provisions of article sixty-five of the civil practice law and rules.
b. The person, or , other legal entity in whose name the real estate
shall be presumed to be the owner thereof.
c. Whenever there is evidence that a person was the manager, operator,
supervisor. or in any other way. in charge of the Premises. at the time that
he or she was an agent or employee of the owner or lessee of the establishment.
d. A judgement awarding a permanent injunction pursuant
to this article may direct the Sheriff of Erie County to seize and remove from
the establishment all material, equipment and instrumentalities used in the
process which produces noxious or offensive odors and shall direct the sale by
the Sheriff of such property in the manner provided for the sale of personal
property under execution pursuant to the provision of the civil practice law
and rules. The net proceeds of any such sale after a deduction of the lawful
expenses involved, shall be paid into the general fund of the city.
e. A judgement awarding a permanent injunction pursuant to this article
shall direct the closing of the establishment by the Sheriff, to the extent
necessary to abate the noxious or offensive odors, and shall direct that
sheriff to post a copy of the judgement and a printed notice of such closing.
A closing by the sheriff pursuant to the provisions of this subdivision shall
not constitute an act of possession, ownership or control by the Sheriff of the
closed premises.
Section 2.
This ordinance shall take effect immediately.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 201
BY MR. RUTECKI:
Ordinance Amendment-Chapter 175-Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1.
That Chapter 175-Fees, of the Code of the City of Buffalo, be amended to read
as follows:
Chapter 309-Parks and Other Open Space
Sec.309-28, use of facilities
BAND SHELL RENTAL
MOBILE BANDSHELL RENTAL, PER DAY [$250.00]
Commercial or Business Use $250.00
Use by Non-Profit Organization} 50.00
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LoTEMPIO, PERLA, RUTECKI-12
NOES-PITTS-1
No. 202
BY MR. RUTECKI
Ordinance Amendment-Chapter 175-Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1.
That Chapter 175-Fees, of the Code of the City of Buffalo, be amended to read
follows:
Chapter 337, Preservation Standards
Sec.337-31,Preservation Board Review
Application for Landmark designation
(non-owner occupied) [$500.00] $25.00
Application for landmark designation
(Owner occupies) No Fee
Certificate of Compliance (owner occupants)
Less than $10,000 [$25.00} No. Fee
More than $10,000 [$50.00] $10.00
Certificate of Compliance (owner occupants) No Fee
Section 2.
This ordinance shall take effect May 1, 1991
NOTE: Matter in brackets [] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSION OF ADMINISTRATION AND
FINANCE, AND THE PRESERVATION BOARD.
AYES-AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LoTEMPIO,
PERLA, RUTECKI-11
NOES-ARTHUR, PITTS-2
No. 203
BY: MESSRS RUTECKI AND. ARTHUR
Draft of International Chiefs of Police Report
WHEREAS: The City has commissioned a study to assess the operation
of the Buffalo Police Department; and
WHEREAS: The report, in its draft stage, has apparently been presented to
the Division of Labor Relations, Department of Administration and Finance; and
WHEREAS: This study was paid for with city funds; and
WHEREAS: As elected representatives of the City of Buffalo, this Council
should have the right to review any and all material that has been made
available to any department of the City of Buffalo; and
WHEREAS: For this report to have any credibility in its final form, the
draft should be made available to members of the Council; and
WHEREAS: The reluctance of the Department of Administration and Finance to
forward the draft to the Council raises questions about whether the report will
be modified before it is finalized;
NOW, THEREFORE BE IT RESOLVED:
That the Department of Administration and Finance, Division of Labor Relations
file the draft report produced for the City of Buffalo by the International
Chiefs of Police, with the City Clerk no later than the filing deadline of 2:00
PM. March 14, 1991; and
BE IT FURTHER RESOLVED:
That the International Chiefs of Police update this Council on the progress
that has been made so far in regard to the study of the Buffalo Police
Department.
ADOPTED
No. 204
BY MR. RUTECKI:
Felicitations and/or In Memoriams
ATTACHED HERETO ARE COPIES OF VARIOUS FELICITATIONS OR IN MEMORIAM
SPONSORED BY MEMBERS OF THE COMMON COUNCIL.:
FELICITATION FOR Bushel African Methodist Episcopal Church
BY COUNCILMEMBER ARTHUR
FELICITATION FOR Stephen & Catherine Moskal BY COUNCILMEMBER FAHEY
FELICITATION FOR John Remanet
BY COUNCILMEMBER FAHEY
FELICITATION FOR Dominic Luongo
BY COUNCILMEMBER FAHEY
and 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. 205
BY MR. RUTECKI
APPOINTMENTS
COMMISSIONER 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:
Jacqueline M. Gallagher
Bernadette M. Szalda
Anthony J Barba
Daniel Derenda
Michael A. Eason
Brian J. Miller
Dominic R. Pace
Richard A. Santucci
Pasquale V. Sardina
Timothy J. Scioli
Peter J Talty
Daniel B Tauriello
Alois G Williams
TOTAL; 13
ADOPTED
No. 206
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 filings same with
the City Clerk:
Linda Davidson
Linda A. Glasgow
Kim Irizarry
Karen M. Jablonski
John A. LaBarbara
Irene Murphy
Toby A. Muskat
Kristina A. Sulkowski
Tommy L. Williams
TOTAL: 9
ADOPTED
No. 207
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
othervise noted.
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE Tuesday, MARCH 12, 1991 9:30 AM
FINANCE COMMITTEE Tuesday, MARCH 12, 1991
Immediately Following Civil Service
LEGISLATION COMMITTEE Tuesday, MARCH 12, 1991 2:00 PI
ECONOMIC DEVELOPMENT COMT. Wednesday, MARCH 13, 1991, 10:00 AM
ANCILLARY COMMITTEES
LEGISLATION COMMITTEE HEARING-WED., MARCH 6, 1991-1:00 P.M.-ORD,.AMEND.TOBACCO
VENDING MACHINES
BLOCK GRANT HEARING Wednesday,' March 6, 1991 6:00 PM
Leonard G. Sciolino
Council Reporter
No. 208
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. PERLA THE COUNCIL ADJOURNED
AT 3 :55 P.M.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.