HomeMy WebLinkAbout91-0402
1No.7
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 2, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, 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, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
: Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, April 2, 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. Bell ,the minutes of the stated
meeting held March 19, 1991, were approved.
FROM THE MAYOR
No.1
Veto Message
Authorization to Submit Final Statement of Objectives and Projected Use of
Funds for the City of Buffalo's 1991-1992 Community Development Block Grant
Program
Item #184, C.C.P.-3/19/91
I have vetoed the above-captioned item which amends this Administration's
plan for the use of Block Grant funds to be provided by the United States
Department of Housing and Urban Development for the year 1991-92.
I have taken this action for the reasons which follow:
The Common Council decreased the amount of CDBG funds paying for salaries of
City and B.U.R.A. employees who administer and deliver the Block Grant program
by 51/2% from last year. In view of the impact of massive State funding
cutbacks on the upcoming City Budget, we had asked for an 11.8% increase. This
is consistent with the overall increase in the Block Grant and the same
percentage increase I recommended for human service agencies as well as
community based organizations. Your Honorable Body, however, provided us with
14.3% less than we had requested for administering and delivering this year's
CDBG program while at the same time providing the community based organizations
with a 25% increase in allocation for administering their limited segment of
the program.
Your cuts will translate into reductions in both BURA and City staff
which will not only cause personal hardship for these employees and their
families but will also diminish our ability to proceed with the pet projects
that you have added to the program and will inhibit our capacity to provide
funding to neighborhood organizations in a timely and consistent manner.
Various Council additions are providing an additional burden on our
already limited City CDBG entitlement funds, by including programs which were
cut by either the State or the County. $80,000 was allocated for the Erie
County Public Library's Ram Van. $50,000 was allocated for the Nomen for Human
Rights Program which is a State program administered by the wife of a State
Legislator. Staff positions, previously funded and subsequently cut by the
State, are now being included within the excessive increase proposed for
community based organization program delivery.
Cuts of $350,000 out of our Commercial and Industrial Lending Program and
$250,000 out of the Free Trade Complex (Rano Street) are especially
disheartening. Our commercial and industrial loan programs have enjoyed
tremendous success over the years by creating and retaining thousands of jobs
in our area and providing the foundation for the stabilization of our tax base
by inducing businesses to invest millions of dollars of their own private funds
in our City.
In light of the Council's public posture regarding the importance of
providing downtown residential development, as evidenced by a recent meeting
organized by the Council's consultant on Downtown Housing and hosted by the
Council President, it seems totally inconsistent that your Honorable Body would
provide us with only $100,000, ($200,000 less than I requested), as evidence of
that commitment to that effort.
Putting money where it can be used most effectively does not appear to be
a priority of the Council's additions. For example, additional housing rehab
funds of $335,000 have been added in the Masten District even though the
$315,000 your Honorable Body provided in the 16th year CDBG Program for this
same purpose is currently lying idle.
For each of the above reasons therefore, the amended Community
Development Block Grant Final Statement, as proposed by the Common Council, is
vetoed.
MR. FAHEY moved to override the Mayor's Veto of item No. 184, C.C.P., March 19,
1991- Authorize Final Statement- 1991-1992 C.D.B.G. Program.
REPASSED
AYES-13
NOES-0
No.2
Appointment of member of
Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, James M. Krasowski, residing at 264
Rivermist Drive, Buffalo - 14202, as a member of the Buffalo Preservation Board
effective March 20, 1991 for a term expiring August 31, 1991. Mr. Krasowski
will fill the unexpired term of Ms. Elizabeth Cromley who has resigned.
James M. Krasowski, a native of Buffalo, is President and General Manager
of Transportation Marketing Services International Inc. (TMSI). He served in
the U.S. Army from July 1951 to April 1953, including one year of service in
Korea.
James M. Krasowski is a member of many professional, service and
religious organizations:
- Transportation Club of Buffalo
- American Legion
- Transportation Brokers of America
- Buffalo Launch Club
- St. Paul's Episcopal Cathedral
- Ismailia Temple A.A.O.N.M.S.
- City Planning Board
I hereby certify that James M. Krasowski is fully qualified to serve as a
member of the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.3
Reappointment of member
of Board of Parking
Pursuant to the powers vested in me by Section lO9R of the Charter
of the City of Buffalo, I hereby reappoint, subject to confirmation by your
Honorable Body, Carl P. Paladino, residing at 282 Potters Road, Buffalo -14220,
as a member of the Board of Parking for a term expiring March 31, 1998.
I hereby certify that Carl P. Paladino is fully qualified for
reappointment to the Board of Parking.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF ETHICS.
No.4
Appointment
Buffalo City Court Judge
Pursuant to the powers vested in me under Section 2104 of the
New York State Uniform City Court Act, please be advised I have appointed
Samuel F. Houston, residing at 176 Crescent Avenue, Buffalo, N.Y. 14214, to the
position of Buffalo City Court Judge, effective March 25, 1991, for a term
expiring December 31, 1991, left vacant by the unfortunate and untimely death
of the late City Court Judge John A. Ramunno.
Mr. Houston has served as City of Buffalo Corporation Counsel from
February 4, 1987 until the present time. From July 6, 1986 until February 3,
1987, Mr. Houston served as General Counsel of the Buffalo Municipal Housing
Authority and Assistant Corporation Counsel from May l6, 1984 until July 4,
1986. Prior to his City employment, Mr. Houston was a trial attorney with the
Allstate Insurance Company from 1982 until 1984, was a General Attorney in
private practice from 1980 until 1982 and served as Assistant District Attorney
from 1978 until 1980.
Mr. Houston received his baccalaureate degree from Canisius College and
his Doctor of Law degree from Syracuse University College of Law in May 1977.
He was admitted to the New York State Bar in February 1978.
Mr. Houston is married to the former Johanna Simon and has six children;
Sam, 24; Jeffrey, 23; Melissa, 22; Rachel, 20; Benjamin, 19; and Daniel, 18.
I hereby certify that Mr. Samuel F. Houston, based upon his outstanding
experience and education, is fully qualified to fill the position of Buffalo
City Court Judge.
RECEIVED AND FILED
No.5
Designation of Acting Corporation Counsel
As you know, the office of Corporation Counsel will become vacant
on March 25, 1991. In order to ensure the efficient operation of the Law
Department and pursuant to the power vested in me by Section 303 of the Charter
of the City of Buffalo, I hereby appoint, R. Peter Morrow III, to the position
of Acting Corporation Counsel. This designation shall begin March 25, 1991 and
shall terminate upon the appointment and qualification of a successor to the
office of Corporation Counsel.
Mr. Morrow has been an Assistant Corporation Counsel, an Associate with
the law firm of Phillips, Lytle, Hitchcock, Blaine & Huber, General Counsel and
Secretary to The Buffalo Enterprise Development Corporation and the Buffalo
Neighborhood Revitalization Corporation.
He holds a Bachelor of Arts Degree from Syracuse University (1967) and
received his Juris Doctorate Degree from the State University of New York at
Buffalo (1974). Mr. Morrow was admitted to practice law in New York State in
1975.
Mr. Morrow is a member of the New York State Bar Association, Erie County
Bar Association and is President of the Board of Directors of Legal Services
for the Elderly, Inc. He is past President of the Buffalo Council on World
Affairs.
This appointment is made to ensure the continued smooth and efficient
operation of the City Law Department. Peter Morrow is an extremely able
attorney who has extensive experience in handling complex and protracted civil,
criminal and municipal matters. He enjoys an outstanding reputation in the
legal community and I certify that he is eminently qualified to be Acting
Corporation Counsel.
RECEIVED AND FILED
No.6
Local Law
Salaries of Elective Officers
The attached resolution is a proposal to amend the City's Charter.
It rescinds the salary increases for the City's elected officials scheduled to
go in effect on July 1, 1992. As we all are deeply aware, the City faces very
difficult fiscal times ahead. I think it is important that the City's
officials contribute to a solution of this problem, not only by providing some
real saving to the City, but also by a gesture of leadership to all the others
who must sacrifice when we face cutbacks in services.
I recommend that you adopt the proposed amendment.
REFERRED TO THE COMMITTEE OF THE WHOLE
No.7
Fiscal Independence for Hoard of Education
Item 11191, C.C.P. March 5, 1991
The above referenced resolution was referred to my office for
a response. It is a request for a written statement of my position on the
recommendations made by the Commission on Quality Education in Buffalo for the
1990's. The Commissioner recommended adopting a course leading to fiscal
independence for the Buffalo Public School System. The course includes
negotiating a five year funding agreement between the City and the Board of
Education which will dedicate a percentage of property tax revenues for
educational purposes. The Commission further recommends that if fiscal
independence were not attained in its first five years, the funding agreement
would be changed to give the Board of Education not just a portion of the taxes
levied by the City, but a portion of the City's taxing power.
In short I favor the pursuit of fiscal independence for the Board of
Education but I oppose the interim steps included in the Commission'S
recommendations.
I have advocated fiscal independence for the Board of Education in the
past because I think it would eliminate the dichotomy that currently exists
where the City determines the Board's total appropriation but has no control
over how that appropriation is spent. Conversely, the separately elected
Board has the responsibility of setting education policy and preparing a line
item budget but lacks the authority to raise its own revenues and therefore to
determine the amount of its total budget.
However, I recognize that achieving fiscal independence is a long
cumbersome process, involving a state constitutional amendment, and that until
it is achieved the City and Board must continue its existing dependent
relationship.
I am opposed to using a funding formula as an interim step to
independence because it restricts the flexibility required in making budget
decisions on a year to year basis. As elected officials we are responsible for
making many difficult decisions including setting an annual tax levy and
determining how to allocate that tax levy for various municipal purposes.
Adopting a funding formula, as recommended by the Commission, would reduce one
of our major decision making duties to a ministerial act.
It would not be prudent to lock the City or the Board of Education into a
funding formula because there are too many budget conditions that can change
from one year to the next to be able to predict what a "fair" formula would be.
I recommend that the present system of making annual funding decisions
based on current fiscal conditions be continued until true fiscal independence
can be achieved.
REFERRED TO THE COMMITTEE ON FINANCE
No.8
1991 Legislative Program
Enclosed for your review is my 1991 State legislative program.
Included are a number of items essential to the residents and taxpayers of the
City of Buffalo.
I would ask Your Honorable Body to review these proposals and urge our
State Legislators to act on them.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.9
Establish Neighborhood Commercial Land Bank
As a result of discussions between the Mayor's Office and the
City Comptroller's Office, I am submitting a joint proposal for legislation to
establish a Neighborhood Commercial Land Bank on major City arterials. This
new program will be operated by The Buffalo Enterprise Development Corporation
(BEDC) and is model led on successful economic development land banks
established in Philadelphia, Milwaukee, and St. Louis.
The BEDC would purchase over 30 acres of commercially zoned City vacant
lots from the City Comptroller's Real Estate Division for $500,000. These
350-400 vacant lots on Bailey, Broadway, Clinton, Fillmore, Genesee, Jefferson,
South Park, and Sycamore Streets would be established as a revolving
Neighborhood Commercial Land Bank.
An active marketing program would be established by the development
corporation which would include a new City financing program which would offer
90% low cost financing to purchase land at market rates, and low cost
construction financing up to a maximum of $100,000 for neighborhood business
expansion.
Many of the eight City arterials have major street and sidewalk
replacement projects underway. What is needed is a concentrated program to
attract business development and put these parcels on the tax rolls.
The BEDC presently operates the Neighborhood Commercial Lending program
for the City. It is a logical entity to combine vacant commercial real estate
with the ability to finance the development of new business facilities.
The City's Real Estate Division would be relieved of the liability for
maintaining this vacant property while it is in the Land Bank. The property
would remain tax exempt while BEDC markets the property. The $500,000 to be
received by the City for these idle assets also represents an unexpected and
badly needed revenue for the 1991-92 City Budget.
I am recommending that Your Honorable Body authorize the establishment of
the Neighborhood Commercial Land Bank subject to your review of a list of
specific parcels which are being identified by the Real Estate Division.
Additional details on the management and operation of the Land Bank will be
forthcoming from the BEDC for your review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.10
T. J. Steak Hoagie - Request to place a [sidewalk cafe at 1341 Hertel Ave.
[(Item No. 108, C.C.P., March 5, 1991)
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above request pursuant to Section 413-59 of the Buffalo
Code - Review of Sidewalk Cafes.
The applicant seeks to place a 9 foot by 13 foot (117 square feet)
sidewalk cafe, which will project 9 feet from the building wall, into the
right-of-way of Hertel Avenue. The site is located in a C2 zone which permits
such uses. The right-of-way of Hertel Avenue at that point is 100 feet with a
55 foot pavement. Therefore, a 22.5 foot sidewalk exists in front of the
subject property. A 9 foot wide sidewalk cafe would leave 13.5 feet of
unobstructed sidewalk for the cafe. There are no public appurtenances near the
cafe site. Public Works has approved the proposed cafe.
Under S.E.Q.R., the proposed cafe is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the sidewalk cafe with the following
conditions:
1. That the cafe be opened no later than 11:00 PM. daily,
2. That no music is played on the cafe, and
3. That no trash receptacles be placed in the cafe area.
RECEIVED AND FILED
No.11
Request to place an outdoor cafe in the right-of-way
at 91 Niagara St..
Item No. 45, C.C.P., March 19, 1991
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above request pursuant to Section 413-59 of the Buffalo
Code -Review of Sidewalk Cafes.
The applicant seeks to place an outdoor cafe which would measure 45 feet
in length and project 10 feet into the city right-of-way of Niagara Street and
include a planter box which would separate the cafe from the public sidewalk.
The proposed cafe will be located in the right-of-way between the public
sidewalk and the existing restaurant and will therefore not interfere with
pedestrians using the sidewalk.
The site is located in the D.O. (Downtown opportunity) Zone which permits
such uses. The site is also located in the Joseph Ellicott Historic District.
Consequently, the design of the proposed cafe must be approved by the Buffalo
Preservation Board as well as Your Honorable Body. Under S.E.Q.R., the
proposed action may be considered an unlisted action which could be studied
through uncoordinated review. Lastly, the Department of Public Works has
approved the cafe.
The Planning Board voted to approve the proposed cafe with the following
conditions:
1. that no music is played on the cafe,
2. That the cafe be opened no later than 11:00 PM. daily, and
3. That no trash receptacles be placed on the cafe.
RECEIVED AND FILED.
No.12
Old First Ward Group Inc. - Application to erect a pole sign at 408-440 South
Park. (Item No. 123, C.C.P.., March 19, 1991)
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above application pursuant to Section 387-19 of the
Buffalo Code -Review of Pole Signs.
The applicant seeks to erect an illuminated, accessory, pole mounted sign
measuring 3 feet by 14 feet (42 square feet in area), and 17 feet in overall
height.
The site is located in a C2 zone which permits such accessory uses.
Under S.E.Q.R., the proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED
No.13
Elmwood Commercial Center - Request to place a pole sign at 2050 Elmwood Ave.
(Item No. 124, C.C.P., March 19, 1991)
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above application pursuant to Section 387-19 of the
Buffalo Code -Review of Pole Signs.
The applicant seeks to place a 16 foot by 17 foot illuminated accessory
pole sign. The pole sign, which will be accessory to-eight screen movie house,
will be 25 1/2 feet in overall height and will have a sign face area of 272
square feet.
The site is located in an M1 zone which allows accessory signage areas of
either 350 square feet or the sum of 4 square feet for each linear foot of
front lot line, whichever is greater. (See Section 511-104, A, (4)(f))
Under S.E.Q.R., the proposed sign may be considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed accessory sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION, COMMISSIONER OF ASSESSMENT AND THE CORPORATION
COUNSEL.
No.14
Niagara Mohawk Power Corp.
Request for a restricted parking lot in residential zone
at 29-49 E. Oakwood and 76 Dewey.
(Item No. 125, C.C.P., March 19, 1991)
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above request pursuant to Sections 511-97,A - Screening
for off-street parking facilities, and 511-98 of the Buffalo Code - Review of
Restricted Parking Lots in Residential Districts.
The applicant seeks to develop a 63 car accessory lot to accommodate
employees of Niagara Mohawk. The new lot would be located along E. Oakwood
Street and would be accessed from 76 Dewey Street. It should be noted that the
proposed lot adjoins an existing Niagara Mohawk employees lot which
accommodates 219 cars. The existing lot is bounded by E. Oakwood on the north,
Canten Street on the east, and Dewey Street on the south.
The proposed lot is located in an R2 zone which is adjacent to an HI
zone. Consequently, the proposed lot must be approved by Your Honorable Body
pursuant to Section 511-98 of the Buffalo Code. Your Honorable Body must also
approve the type of screening being requested by the applicant - namely a chain
link fence with low evergreen plantings and a grass strip. It should also be
noted that the applicant is seeking relief from the setback requirements of the
Buffalo Code from the Zoning Board of Appeals.
Under S.E.Q.R., the proposed parking lot may be considered an unlisted
action which may be studied through uncoordinated review. In this vein, it
should be noted that although P.C. B. 's have been found on the Niagara Mohawk
property south of the site, the likelihood of migration to the proposed parking
area is highly unlikely. Moreover, the subject site has until recently been
used for residences and has no history of toxic waste dumping.
The Planning Board, therefore, voted to approve the restricted parking
lot in the residential zone and to approve the screening - chain link fence and
vegetative material - as presented by the applicant.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No.15
Abandon Piper Street.
(Item No. 210, C.C.P., March 19, 1991)
The City Planning Board at its regular meeting held Tuesday, March
26, 1991 considered the above request pursuant to Section 317.1 of the City
Charter - The Abandonment of City Streets.
The Councilman is requesting that Piper Street be abandoned to compliment
the development of the Tops Supermarket at Grant and Amherst Street. The
abandonment will allow for the provision of a second entrance and exit to the
market which is under construction.
Piper (formerly Bank Street) is a vestigial street which had once
serviced the Black Rock Market and the Roc Mar Bowling Alley. It has no other
function now that the new market is underway. Therefore, there are no traffic
implications which would arise out of the street's abandonment. A sewer and
water line exist on the site but are not necessary for the market's
development. The area to be abandoned is approximately 3920 square feet.
Under S.E.Q.R., the proposed abandonment is an unlisted action which may
be studied through uncoordinated review. In this vein, it should be noted that
in the Negative Declaration relative to the Tops Market Restricted Use Permit,
the closing of Piper Street and the creation of an unsignalized driveway on
Grant Street were addressed as a mitigation measure for traffic impacts.
The abandonment of Piper Street would have an adverse impact, however, on
Phase B of the Scajaquada Pathway project which is slated to cross Grant Street
and continue along the north bank of the Scajaquada Creek. Since the
abandonment of Piper Street would prevent access to the pathway, the Planning
Board felt that an easement should be agreed upon which would insure public
access to the pathway.
Consequently, the Board voted to approve the abandonment of Piper Street
on the condition that a 10 foot wide easement along the south and east property
lines of the Piper Street right-of-way be entered into between the city and the
new owners.
.REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No.16
EMERGENCY REPAIR TO RECLOSURE SYSTEM -PILOT FIELD STADIUM
We are notifying you of an emergency situation that existed at
Pilot Field Stadium on December 29, 1990. It was determined that immediate
action be taken on the repair of the reclosure system which supplies all means
of electrical power to the facility.
Industrial Power & Lighting Corporation was called in for this emergency
service because of their knowledge of the reclosure system. The cost of this
repair was $2,455.30.
In addition an emergency generator was rented from R.B. R'Uren Equipment
Rental, Inc. to supply power while the reclosure was being repaired. The cost
of this rental was $2,243.20
RECEIVED AND FlLED
FROM THE MAYOR'S OFFICE FOR SENIOR CITIZENS
No.17
3 CERTIFICATE OF APPOINTMENT
IN COMPLIANCE HIT!! PROVISIONS OF SECTION 441 OF THE CHARTER AND
CHAPTER 35-1 OF THE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS
CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED IN
SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE
COMMISSION FOR THE APPOINTMENT(S) MADE HEREIN, IN THE
DEPARTMENT OF EXECUTIVE DIVISION OF MAYOR'S OFFICE FOR SENIOR CITIZENS TO THE
POSITION OF ASSISTANT TO DIRECTOR (MAYOR'S OFFICE FOR SR. CITIZENS PERMANENT
PROM. AT THE: MAXIMUM STARTING SALARY OF: $26,803.
EFFECTIVE: MARCH 22, 1991
STANLEY H. DEPCZYNSKI
223 HAGEN ST. BUFFALO NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMPTROLLER
No.18
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
CIVIL SERVICE COMMISSION
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 $900 be transferred and reappropriated from various accounts in
Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated
.DATED: BUFFALO, NEW YORK, MARCH 22, 1991
RECEIVED AND FILED
No.19
CERTIFICATE OF DETERMINATION
$31,685,000 BOND SALE
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE
TERMS, FORM AND DETAILS OF ISSUANCE OF (l) $26,385,000 GENERAL IMPROVEMENT
SERIAL BONDS-199l - A (2) $2,400,000 SCHOOL SERIAL BONDS-l99l - B AND (3)
$2,900,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL BONDS-199l - C OF THE CITY
OF BUFFALO, NEW YORK, AGGREGATING $31,685,000 AND PROVIDING FOR THE PRIVATE
SALE THEREOF.
The Bonds are hereby sold at private sale to Donaldson, Lufkin & Jenrette
Securities Corporation, New York, New York, as Managing Underwriter on behalf
of itself and other underwriters pursuant to the Contract of Purchase dated
March 12, 1991, between said Managing Underwriter and the City. The Bonds of
both issues will be dated March l, 1991 and will bear interest at the rate(s)
per annum specified by the underwriters therefor in accordance herewith,
payable on September l, 1991, and semi-annually thereafter on the first days of
March and September in each year until maturity.
The Bonds will be delivered and shall be paid for on or about March 19,
1991 in New York, New York.
A Preliminary Official Statement may be obtained from the offices of the
financial advisor to the City, Government Finance Associates, Inc. of New York,
in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225
City Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED
No.20
Revised Mail Room Policies
Submitted herewith are revised Mail Room Policies. These policies
update and supplement the policies submitted to Your Honorable Body at the
meeting of September 4, 1990 and adopted as Item No. 100.
Referred to Council Staff
No.21
Transfer of Bond Funds
In the last three years, the City of Buffalo has created Enterprise
Funds to account for the operations of Pilot Field, Memorial Auditorium and War
Memorial Stadium, and the Parking Ramps.
The purpose of creating these Enterprise Funds was to account for all the
activities, including general operations, capital construction and debt
services, in the same group of accounts. The financial results of the total
activities of these Enterprise operations should be shown separately from the
General Fund.
In the past year, War Memorial Stadium was demolished. It has been
determined that the operations of the new Athletic Field to be constructed at
this site will not charge user fees for its use. The new Athletic Facility
will become part of the City operations, therefore it should be accounted for
in the City's General Fund.
We request that your Honorable Body approve the transfer of the bond
account for the War Memorial Stadium Site Improvements from the City's
Auditorium and Stadium Enterprise Capital Projects Fund to the City's Capital
Projects Fund as follows:
From: To:
415 Enterprise Capital Projects Fund 200 Capital Projects Fund Account #
415-717-OO3 Account # 200-717-094
MR. FAHEY moved:
That the communication from the Comptroller dated March 26, 1991 be
received and filed; and
That the Comptroller be, and he hereby is, authorized to transfer the
bond account for the War Memorial Stadium Site Improvements from the City's
Auditorium and Stadium Enterprise Capital Projects Fund as follows:
From: To:
415 Enterprise Capital 200 Capital Projects Fund
Projects Fund
Account 11515-717-OO3 Account #200-717-094
PASSED
AYES-13
NOES-0
No.22
Results of Negotiations
Vacant Lot: 442 Emslie West 180' North of Peckham Lot Size: 30' x 125' Assessed
Valuation: $900
Item #31, C.C.P. 9/14/90
In the above item Your Honorable Body authorized the Office of
the Comptroller, Division of Real Estate, to enter into a private sale with
Mrs. Mary McKithen of 438 Emslie Street, Buffalo, New York. Mrs. McKithen owns
a two-family home located at 438 Emslie and a vacant lot 30' x 124' at 436
Emslie. Mrs. McKithen intends to purchase 442 Emslie in order to expand her
yard area.
An independent appraisal of the property was conducted by Edward Herndon,
Urban-East-Associates, 19 Summer Street, Buffalo, New York 14209. He has
estimated the fair market value of the property at Four Hundred Dollars ($400).
The Division of Real Estate has surveyed the sale of similar vacant lots in
the area and has estimated the front foot value between and Thirty and
Thirty-Five Dollars ($30 - $35) a front foot. This would indicate a value of
Nine Hundred to One Thousand Fifty Dollars ($900 - $1,050).
The results of our negotiations are that Mrs. McKithen has offered and is
prepared to pay Four Hundred Dollars ($400) for the subject property. She will
also pay for the cost of the appraisal, copy of legal description, transfer tax
and recording fees.
The offer of Four Hundred Dollars ($400) represents less than half the fair
market value of the property. Therefore, I am recommending that Your Honorable
Body receive and file the offer of Mrs. Mary McKithen.
REFERRED TO THE COMMITTEE ON FINANCE
No.23
Results of Negotiations 254 Massachusetts Vacant Lot: N 81.38' NE of Normal 27'
x 99' Assessed Valuation: $1,700
Item #33, C.C.P. 11/27/90
In the above referenced Item Your Honorable Body authorized the
office of the Comptroller, Division of Real Estate, to enter into a private
sale with Mrs. April A. Nicastro, 252 Massachusetts, Buffalo, New York, 14213
to purchase the above referenced property. Mrs. Nicastro wishes to purchase
this property for the expansion of her yard space.
An independent appraisal of the property was conducted by Alexander T.
Vilardo, Eastern Appraisal Consultants, Inc., 3407 Delaware Avenue, Buffalo New
York 14217. He has estimated that the fair market value of the vacant lot to
be Four Hundred Dollars ($400). His estimate is based on a figure of Fifteen
Cents ($.15) a square foot. The Division of Real Estate has investigated the
sale of similar properties in the area. These sales indicate a value of
between Forty Cents ($.40) a square foot and Eighty-Eight Cents ($.88) a square
foot. This would indicate a value of between One Thousand Seventy Dollars
($1,070) to Two Thousand Ninety Dollars ($2,090) for the subject property.
The results of our negotiations are that Mrs. Nicastro has offered and is
prepared to pay One Thousand Dollars ($1,000) for the subject property. This
represents the low end range of value of Fourty Cents ($.40) per square foot.
Please note that the subject lot lacks sufficient frontage and depth for any
type of new housing. Mrs. Nicastro has also agreed to pay for the costs of the
appraisal, legal description, transfer tax and recording fees.
Therefore, based on the above, I am recommending that Your Honorable Body
approve the offer of Mrs. April A. Nicastro, 252 Massachusetts, Buffalo, New
York 14213 in the amount of One Thousand Dollars ($1,000).
MR. FAHEY moved:
That the communication from the Office of the Comptroller, dated March
28, 1991, be received and filed; and
That the offer of Mrs. April A. Nicastro, residing at 253 Massachusetts,
Buffalo, New York, 14213, in the sum of One Thousand ($1,000.00) Dollars to
purchase 254 Massachusetts, Buffalo, New York, be and hereby is accepted; and
A search will not be furnished purchaser; and
No survey will be furnished purchaser; and
Commission is not expected to be paid; and
That the Mayor be authorized to execute a deed, and the Comptroller be
authorized to deliver the same, in accordance with the terms of sale upon which
the bid was submitted.
PASSED.
AYES-13
NOES-0
No.24
J. Anderson Request Return of
Auction Property - 45 Edna
Item #109 C.C.P. March 19, 1991
The referenced matter has been referred to the Comptroller's Office,
Division of Real Estate, by the Committee on Finance for a report.
The referenced item consists of a letter directed to Councilmember
Collins by Johnny E. Anderson, former owner of 45 Edna Place, requesting, I
assume, the return of his property.
As the records will indicate, 45 Edna Place was ultimately taken by the
City by and through the In-Rem Foreclosure Procedure. The property was
available for auction bid, however, no bid issued and it was ultimately turned
over to the City's inventory. Since the City Foreclosure, in late October of
1990, Mr. Anderson occupied the subject property as a holdover. This office
initiated a removal action due to the fact that Mr. Anderson refused to pay any
rental consideration for his occupancy of the property. The action resulted in
a judgment for said removal. Mr. Anderson, through his attorney, made
application to the court for a stay of said judgment. The application was
subsequently denied.
As in every like case in the past, this office's posture in that regard
is to oppose any attempt for return of property which has been foreclosed due
to non-payment of real property taxes. To acquiesce towards such a request
would indeed start a very dangerous precedent. Furthermore, it would
contradict the entire purpose of the In-Rem Procedures.
The usual course that one takes who wishes to reclaim his property, is to
satisfy whatever outstanding amounts were due against the property and commence
a private sale negotiation procedure with the City in order to repurchase the
property.
REFERRED TO THE COMMITTEE ON FINANCE
No.25
Abandonment of Piper Street
Item # 210, C.C. P. March 19, 1991
Your Honorable Body has requested a report from the Comptroller
and the Department of Community Development regarding the above referenced
resolution, abandonment of Piper Street.
The Common Council may authorize the abandonment/sale of real property
acquired for a public purpose either by bid at public auction or through an
appraisal (as prescribed by general law).
I would advise that the latter method of disposition be authorized in
order to fulfill the intent of the said resolution.
I further advise Your Honorable Body to obtain a report from the City
Planning Board, Department of Public Works, Police and Fire.
Should Your Honorable Body authorize the abandonment/sale of Piper
Street, the Office of the Comptroller will engage its normal procedures to sell
the property through bid or appraisal and report the results back to the Common
Council for final approval.
!REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSION OF POLICE AND THE
COMMISSION OF FIRE.
No.26
CERTIFICATE OF APPOINTMENT
IN COMPLIANCE WITH PROVISIONS OF SECTION 441 OF THE CHARTER ID
CHAPTER 35-1 OF THE ORDINANCES OF THE CITY OF BUFFALO, I TRANSMIT THIS
CERTIFICATION OF APPOINTMENT(S). I FURTHER CERTIFY THAT THE PERSONS NAMED IN
SCHEDULE "A" HAVE BEEN CERTIFIED OR APPROVED BY THE MUNICIPAL CIVIL SERVICE
COMMISSION FOR THE APPOINTMENT(S) MADE HEREIN, IN THE
DEPARTMENT Of Audit and Control 26 DIVISION OF Real Estate
TO THE POSITION OF Laborer II - Permanent Appointment AT THE: Maximum
STARTING SALARY OF: $9.77 Per Hr.
EFFECTIVE: March 28, 1991
DONALD F. MORRIS
174 ST. LAWRENCE
BUFFALO, NEW YORK 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT
No.27
Bennett Beach Proposals
Snyder Corp. Lease
Item No. 33, C.C.P. 03/19/91
In response to your request concerning the possible leasing of
Bennett Beach, I recommend that any proposed lease thoroughly address the role
of assessment and yes. The following issues should be raised by Your Honorable
Body concerning the assessment and real property taxes at Bennett Beach
regardless of the property's past assessment and tax history.
1. Requests for real property exemption and tax forgiveness should be
individually addressed to the Assessor for the Town of Evans, the Evans Town
Board, the School District Board, the County of Erie and any existing Special
Districts. In addition, I recommend that the Law Department review Section 406
of the Real Property Tax Law and any other applicable laws that might affect
assessment exemption and/or the forgiveness of real property taxes and special
district charges.
Section 406(2) of the Real Property Tax Law addresses forgiveness of taxes
through exemption as follows: "Real property owned by a municipal corporation
rot within its corporate limits while used for a public park, public aviation
field, highway or for flood control and soil conservation purposes as provided
in section two hundred twenty three of the county law shall be exempt from
taxation by any municipal corporation in which it is located provided the
governing board thereof shall so agree in writing."
2. The current total assessment of $945,200 generates the
following real property taxes:
Year Taxing Jurisdiction Amount of Taxes
1991 Fire protection - Angola $ 1,677.59
Water No. 2 Extension 87.72
Lighting District 411.32
Erie County Sewer District No. 2 12.15
Erie County Sewer District No. 2 1,029.41
1991 Town Tax 4,105.13
1991 Town Highway Tax 2,709.03
1990-91 School Tax 12,470.79
*1991 Erie County Tax (Exempt) 6,687.33
*If the County of Erie had chosen to collect taxes based upon a $945,200
assessment, those taxes would have amounted to $6,687.33.
3. The current total assessment of $945,200 is comprised of $914,600
assessed to the land and $30,600 assessed to the movements. In the event there
are further improvements placed on the land and the improvement portion of the
assessment is increased, which party to the lease pays for any resulting
increases in taxes.
4. The current total assessment of $945,200 represents full fair market
value as of this date. In the event that the assessment is increased because
of an increase in the property's market value, which party pays for any
resulting increases in taxes?
5. In the event the assessment needs to be challenged on the grounds of
being unequal, excessive, unlawful or misclassification, which party to the
lease is responsible for paying the costs sometimes associated with such
challenges? For example, legal costs, consultant costs and appraisal costs are
sometimes associated with challenges to assessed valuations.
6. Agreements with taxing jurisdictions for exemption and forgiveness of
taxes are usually from year to year. In the event exemption and tax
forgiveness is granted for a year and then rescinded by any or all of the
taxing jurisdictions the following year, which party to the lease pays for the
resulting increase in taxes.
7. Which party to the lease pays for special assessments?
Special assessments for improvements such as sewer and water connections for
individual campsites or special assessments for other such improvements should
be addressed in the lease.
These are the assessment and tax issues that should be by the Common Council in
any lease negotiations for Bennett Beach.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
No.28
EXTENSION OF TIME
CITY CONTRACT NO. 91588300 CONSTRUCTION OF NEW BASEBALL DIAMOND LASALLE PARK
In accordance with the terms of the contract between the City
of Buffalo and B.D.R., Inc. for work relating to Construction of a New
Baseball Diamond in LaSalle Park this office has received a request for an
extension of time.
The original completion date was October 20, 1990. Due to a late start,
B.D.R., Inc. was unable to attain an established lawn and perform the two
complete mowings of the above referenced site as per contract requirements.
I have granted an extension of time in the contract with B.D.R. Inc. to
May 31, 1991.
RECEIVED AND FILED
No.29
EXTENSION OF TIME - CITY CONTRACT No. 91' STATUS MONITORING AND CONTROL SYSTEM
DIVISION OF WATER
In accordance with the terms of the contract between the City
of Buffalo and Ferguson Electric Construction Company, Inc. for work relating
to the Status Monitoring and Control System, Contract No. 2, City Contract No.
91495300, this office has received a request for an extension of time.
The original completion date was August 19, 1989. Extra time was
required to complete integration of the software packages so that the system
reports would print out as specified. This resulted in an initial delay beyond
the contract completion date for this project.
I have granted an extension of time in the contract with Ferguson
Electric Construction Company, Inc. to January 30, 1991.
RECEIVED AND FILED
No.30
Extension of Time on Contract
Reconstruction of Precinct #4
485 Michigan Avenue
In accordance with the terms of the contract between the City
of Buffalo and Leising Bros. Corp. C-915830O0, the work should have been
completed by December 27, 1990.
Due to poor weather conditions this contractor could not complete the work of
this project on time. This is the first extension of time on this project.
I Have granted an extension of time to May l, 1991 to Leising Bros. Corp. to
complete the work of their contract.
RECEIVED AND FILED
No.31
ABANDONMENT OF 10 INCH WATERMAIN IN COLUMBIA STREET FROM SCOTT STREET TO PERRY
STREET
DIVISION OF WATER
C.C.P. 83, FEBRUARY 19, 1991
The Buffalo Division of Water has a 10 inch cast iron watermain
in Columbia Street from Perry Street to Scott Street which was installed in
1895. This line presently does not have any service connections attached to it
and is of no use hydraulically to Buffalo's water distribution system.
When the City installed a new waterline in the summer of 1990 in Perry
Street from Washington Street to Michigan Avenue, the 10 inch line in Columbia
Street was not connected to the new line in Perry Street. This was due to the
fact that the existing line runs through a maze of underground tunnels and
vaults which we were not aware of at the time the plans were prepared.
Inasmuch as it is the intent to sell a portion of Columbia Street, per
the communication from the Buffalo Development Companies regarding the
Abandonment and Sale of a Portion of Columbia Street, Common Council Proceeding
No. 83 of February 19, 1991, it is respectfully requested that your Honorable
Body grant permission to disconnect the 10 inch watermain in Columbia Street
from the City's main in Scott Street.
This work would be performed by the Division of Water. In essence, this
section of watermain from Scott Street to Perry Street would be abandoned.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated March
21, 1991 be received and filed; and
That the 10 inch water main in Columbia Street from Perry to Scott Street
be, and the same hereby is, abandoned, and that the Commissioner of Public
Works be, and he hereby is, authorized to disconnect said 10 inch watermain
from the City's main in Scott Street.
Passed
AYES-13
NOES-0
No.32
Agreement
Household Hazardous Waste Collection
April 20, 1991
Mayor James D. Griffin has instituted a Household Hazardous Waste
Collection Event for the City of Buffalo residents in conjunction with the
County of Erie.
Attached please find the proposed Agreement between the County of Erie, City of
Buffalo, Erie County Environmental Education Institute Inc., and Integrated
Waste Systems, Inc. for the Household Hazardous Waste Collection Event
scheduled for April 20, 1991 from 9:00 A.M. until 2:00 P.M. at the East Side
Transfer Station on South Ogden Street in Buffalo, New York. Wastes being
accepted include pesticides (no aerosol cans), oil based paints, selected paint
thinners and waste solvents, used motor oil, and lead acid car batteries.
It is respectfully requested that Your Honorable Body authorize the
Commissioner of Public Works to execute this Agreement.
Funds are available for this work in Division of Buildings 100-402-O2l-583.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated March
28, 1991 be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
execute an agreement between the County of Erie, the City of Buffalo, Erie
County Environmental Education Institute, Inc., and Integrated Waste Systems,
Inc. for the Household Hazardous Waste Collection Event scheduled for April 20,
1991 from 9:00 a.m. until 2:00 pm. at the East Side Transfer Station on South
Odgen Street.
PASSED
AYES-13
NOES-0
No.33
Report of Bids -. #315 Reconstruction of South Park Avenue From Colgate Avenue
to Dorrance Avenue
Item No. 31, C.C.P. 3/7/89
As authorized and directed by your Honorable Body in Item #31,
C.C.P. 3/7/89, I have advertised and received bids on March 13, 1991 for the
reconstruction of South Park Avenue - Colgate to Dorrance.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured
quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
Collana Brothers Cont., Inc. $l,430,695.00*
DiPizio Construction Co., Inc. $1,467,000.00
Hartford Paving Corp. $1,503,527.50
Ahastasi Trucking, Inc. $1,559,55O.00*
Depew Development $1,564, 580. 25
Destro Brothers Conc.Co., Inc. $1,566,712.90
Omer Construction Co., Inc. $1,587,654.00
Amadori Construction Co., Inc. $1,593,608.50
Milhurst Construction, Inc. $1,613,143.00
Custom Top Soil $1,613,143.00
Nichter Utility Const.Co., Inc. $1,736,634.00
M. Passucci, Inc. $1,813,726.00
*Corrected Total
I hereby certify that the lowest responsible bidder for the above project
is CoIlana Brothers Construction, Inc., and I respectfully recommend that your
Honorable Body order the work and the cost thereof to be charged to the
Division of Engineering CPF 200-4O1-O93 in an amount not to exceed $1,430,695,
plus approved unit prices not to exceed an additional amount of $150,000. The
engineer's estimate for this work is $1,911,858. The attached is certified to
be a true and correct statement of the bids received. Under provisions of the
General Municipal Law any of the bidders may withdraw his bid if an award of
the contract is not made by April 29, 1991. Individual bid submissions are
available in our office for inspection and copies are available upon request.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated March
19, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for reconstruction of South Park Avenue, Colgate to Dorrance,
to Collana Brothers Construction, Inc., the lowest responsible bidder in the
amount of $1,430,695, plus approved unit price not to exceed an additional
$150,000, with said cost to be charged against the Division of Engineering CPF
200-401-093.
PASSED.
AYES-13
NOES-0
No.34
University Heights Community Center
Plumbing Bids - Award of Contract
Item No. 46, C.C.P. 10/16/90
In C.C.P. 10/16/90; item #46 Your Honorable Body authorized the
Commissioner of Public Works to order the plumbing work based upon the low bid
submitted by J. T. Monaco in the amount of $193,263.00. Due to the delay in
funding and contract encumbrance, J. T. Monaco is unable to hold their bid
price. They are requesting a contract increase to $207,000.00.
The second bidder, Joseph Carino Plumbing and Heating, has agreed to maintain
their bid amount of $194,623.00.
I recommend that Your Honorable Body rescind the authorization of 10/16/90 and
authorize the Commissioner of Public Works to order the plumbing work on the
basis of the bid submitted by Joseph Carino Plumbing and Heating in the amount
of $194,623.00. Funds for this work will be in B/F 200-4O2-518, Division of
Buildings.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated March
28, 1991 be received and filed; and
That the authorization in Item No. 46, C.C.P. 10/16/90 to award a
contract for University Heights Community Center Plumbing Work to J. T. Monaco
in the amount of $193,263.00 be, and the same hereby is rescinded, cancelled
and annulled; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for University Heights Community Center Plumbing Work to the
second lowest bidder, Joseph Carino Plumbing and Heating, in the amount of
$194,623.00, with said contract to be charged to Division of Buildings Bond
Fund 200-402-518.
PASSED
AYES-13
NOES-0
No.35
Change in Contract
Reconstruction of
Genesee-Moselle Street Clinic
I herewith submit to Your Honorable Body the Following change
in contract for the Reconstruction of the Genesee-Moselle Street Clinic, 1532
Genesee Street, Buffalo, NY, Warren's Electric C-91562200:
l. Furnish and install one break glass
area detector. ADD $385.00
Due to the large area of glass on the building front it was deemed prudent to
add one special glass area detector in the first floor reception area.
The foregoing change results in a net increase in the contract of Three Hundred
Eighty-five and 00/lOO Dollars ($385.00).
Summary Original Amount of Contract $17,947.00
Amount of this change (No. l) 385.00
Revised Amount of Contract $18,332.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-032 - Division of Building.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated March
20, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Warren's Electric, in the amount of $385.00 for
additional work under the contract for reconstruction of Genesee Moselle
Street, with said cost to be charged against Division of Buildings Bond Fund
#200-402-O32.
PASSED.
AYES-13
NOES-0
No.36
G. Rees - Cancel Sidewalk Assessment
1650 Fillmore Avenue;
Item No. 105, C.C.P. March 5, 1991
The sidewalk installation work at this location was done on June
23, 1986 after the street had been properly inspected in 1985 and the usual
standard notices were mailed to the property owners.
At no time during the period between the inspection of the street and the
actual construction was performed were we advised that the concrete had been
damaged by snow removal equipment as alleged by the owner. Had this been
brought to our attention we would not have assessed the cost against the
property and this entire matter never would have occurred.
After almost six years, we cannot locate the copies of the actual notices
that were sent, however we dc have all other related records pertaining to
dates, measurements, costs, etc.
This department acted responsibly and in accordance with City Ordinances
back in 1985-1986. It is possible, however, that the plow-damaged concrete
report back in 1977 went to another department without it making it to this
office which has happened before. An abatement or reduction of the costs in
this matter is a decision that must be made by Your Honorable Body based on the
information given.
REFERRED TO THE COMMITTEE ON FINANCE.
No.37
Niagara Frontier Transportation Authority
requests permission to install four
bus shelters
Mr. Gordon W. Foster. Manager of Service planning for the N.F.T.A.
has requested permission to install four bus shelters at various locations
which would encroach city right of way.
The bus shelters would be located at the following locations;
l. William and Babcock. outbound (Southwest coiner).
2. William and Babcock, inbound Nothwest corner).
3. Smith Street at Seneca. Northbound (Southeast corner).
4. Sycamore at Oak, outbound (Southwest corner).
The Department of Public Works has reviewed the N. F T A. s request pursuant to
Chapter 413 Section 61 (encroachment regulations) and has no object ion 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 N.F.T.A. obtain any and all other City of Buffalo permits
required for said installation.
2. That the bus shelters are installed exactly as shown on plans submitted
to this Department.
3. That, after installation. a minimum of four (4) feet of unobstructed
public sidewalk exists at all locations.
4. That the N.F.T.A. assumes responsibility for maintaining the bus shelters
in addition to a right of way area affected by said installation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No.38
Permission to install Sidewalk Cafe at 177 Hodge
Mr. David Lewis. owner of Alaska Premium Seafoods. located at
177 Hodge Avenue. has requested permission to install a sidewalk cafe, which
would encroach city right of way at said address.
The proposed cafe would measure ten (10) feet in length and protrude eight (8)
feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Lewis' 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 in plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed ten feet in length or extend more
than eight 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 ApriI 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 and the City Planning Board
No.39
484 Elmwood Avenue requests permission to install door which encroaches city
right of way
Mr. Hassib Silbak, owner of The Sahara Restaurant. has requested
permission to install a door which. when opened. encroaches city right of way
at 484 Elmwood Avenue.
The proposed door would encroach approximately four (4) feet of city
right of way when fully opened.
The Department of Public Works has reviewed Mr. Silbak's request pursuant
to Chapter 413 Section 67 (encroachment regulations) of the City- Charter and
has no objection to your honorable body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation provided the following
conditions are met;
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 shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said door.
Referred to the Committee on Legislation and the City Planning Board
No.40
Proposed Abandonment - Piper Street
210 C.C.P. March 19, 1991
Item 210 of the Common Council Proceedings of March 19, 1991 (Proposed
Abandonment of Piper Street) has been referred to the Department of Public
Works for our comment and recommendation.
Our records indicate that Piper Street has a forty (40.0) foot wide
dedicated public street right-of-way and that right-of-way was conveyed to the
City of Buffalo by Millard S. Burns by deed filed in the Erie County Clerk's
Office in liber 1329 at page 297.
Presently there is a public water main and public sewer located within
the dedicated right-of-way. Suitable arrangements must be made to either
protect or to abandon these and any other utilities that might presently be
located within the right-of-way of Piper Street.
Also, and this is most important. A portion of the present a portion of
Grant Street. as relocated by the State of New York and also a portion of the
entrance ramp to the Scajaquada Expressway' are located within this, the
right-of-way of Piper Street. The State of New York was not required to
appropriate a right-of-way across Piper Street since the proposed use teas
compatible with the dedication of Piper Street as a public street. If Piper
Street is to be abandoned an agreement must be made with, the State of New York
in order to properly define the westerly boundary of the state jurisdiction.
The Department of Public Works therefore recommends the abandonment of
Piper Street subject to the following conditions;
l. Agreement with the State of New York to define the westerly boundary of
the state jurisdiction.
2. Agreement to protect or abandon all existing utilities within the present
right-of-way- of Piper Street.
3. Final abandonment of Piper Street will take place at the time the deed
conveying the right-of-way of Piper Street by the City of Buffalo is filed in
the Erie County Clerk's Office.
REFERRED TO THE C0MMITTEE ON LEGISLATION.
No.41
Downtown Special District Vending List
Item No. 36, C.C.P. 03/19/91
Please be informed that I am submitting the list of sites for
the Downtown Special District Vendors. Three (3) new sites have been added,
bringing the total sites to thirty-four (34):
Site# Location
l Market Arcade Cinema (restricted food/non-food)
2 McDonald's Theater Square (non-food)
3 N.E. Cor. Chippewa & Delaware (food only)
4 N.W. Cor. Main & Huron (food or non-food)
5 Roosevelt Plaza (non-food)
6 Roosevelt Plaza (non-food)
7 Main St. W.Side between Gamler's & Hyatt (non-food/rest.food)*
8 L.L. Bergers (restricted food)
9 L.L. Bergers (restricted non-food)
10 N.W. Corner Delaware & Huron (food)
ll E.Side Main at Mohawk (non-food)
12 N.W. Cor. Main & Court (between planters) (rest.food)
13 S.E. Cor. Main & Court (In tree line) (rest.food)
14 Lafayette Square ** (non-food)
15 N.W. Cor. Pearl & Court (restricted food)
16 E. Side Main at Eagle (non-food/rest.food)
17 M & T Plaza (Non-food/rest.food)
18 Cathedral Park (non-food/rest.food)
19 S.W. Corner Main & Church (food only)
20 S.W. Corner Main & Court (food only)
21 E.Side Main between Clinton & Eagle (food only)
22 N.E. Cor. Main & Lafayette square (food only)
23 S.E. Cor. Niagara Square & Delaware (food only)
24 N.E. Cor. Niagara Square & Delaware (food only)
25 E.Side Main between Eagle & Church (food only)
26 E.Side Main between Eagle & Church (food only)
27 E.Side Main between Eagle & Church (food only)
28 W.Side Main at Mohawk (food only)
29 S.W. Corner Main & Church (food only)
30 W.W. Corner Franklin & Eagle (food only)
31 Auditorium (restricted food)
32 E.Side of Main at Huron (Goldome) (restricted food)
33 N.W. Corner Main & Chippewa (restricted food)
34 N.E. Side Main at Ellicott Square Bldg. (non-food)
* Restricted use denotes locations where choice of merchandise must be
reviewed to avoid conflict with adjacent businesses or where a variety of food
is desired. (E.G.1 pizza fruit salad, ice cream, hot dogs, etc.)
** Lafayette Square site may be frequently subject to displacement due to
special events as outlined in Sec. 316-48 Special events of Chapter 316,
Article VIII, pertaining to street vendors in the special downtown district.
Kimberly Williamson fron Buffalo Place has reviewed the enclosed sites and
approves the amendments for the new site locations.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No.42
FULLY EXECUTED COMBAT GRANT PROGRAM CONTRACT
Item No. 95, C.C.P. 01/08/91
Please be advised that the COMBAT Grant Program Contract between
the New York State Division of Criminal Justice Services and the City of
Buffalo for the period January l, 1991 through December 31, 1991 has been fully
executed in the amount of $332,143.00.
A copy of this contract is on file in the Department of Administration and
Finance, the' Division of Audit and in the Division of Administration and
Communications (Buffalo Police Department).
RECEIVED AND FILED
.
No.43
Request Permission to Dispose of Radio Headsets
I respectfully request permission to dispose of six (6) Platronics
headsets by means of a trade in on new headsets. These are radio headsets use
by our dispatchers.
MR. FAHEY moved:
That the communication from the Commissioner of Police dated 03/21/91 be
received and filed; and
That the Commissioner of Police be, and he hereby is authorized to
dispose of six (6) Platronics radio headsets by trading them in on new
headsets.
PASSED
AYES-13
NOES-0
No.44
D. Woods - Neighbor Harassment - 134 Mohican
Item #107, C.C.P. March 5, 1991
In regards to the communication of February 26, 1991, concerning
an "Urgent request for assistance in erradicating an obnoxious, hateful
neighbor problem existing over an extended period: David and Lucille Woods", it
appears that the complaints being made in this documented would require Civil
action.
In the future, I would suggest that the person living on Mohican Street
contact the police when these destructive acts are taking place by calling 911,
at which time a police action could be taken.
We will be sending a member of our Police Community Services Unit to talk to
Mr. and Mrs. Woods, as well as the owners of Colonial Iron Works, Inc., and
hopefully resolve this neighborhood dispute.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No.45
Appointment - Deputy Corporation Counsel
Pursuant to the power vested in my by Section 303 of the Charter
of the City of Buffalo, l hereby appoint, R. Peter Morrow III, to the position
of Deputy Corporation Counsel in the Law Department. This appointment shall be
effective immediately.
As you are aware, this position is presently not funded, however, Mr.
Morrow has agreed to serve in this position and continue to be paid from his
Assistant Corporation Counsel budgetary line.
RECEIVED AND FILED
No.46
Arterial Maintenance Agreement]
Broadway Arterial S.H. 86-8
Item No. 34, C.C.P., 3-19-91]
The above referenced item, a proposed contract between the New York
Department of Transportation and the City of Buffalo.
We have reviewed the contract and discussed it with the Engineering
Division and approved it as to form, and we recommend that you authorize the
Mayor to execute it.
RECEIVED AND FILED
No.47
Cornelius Creek Park
N.Y. S. Thruway] Authority Occupancy Agreement
Item No. 35, C.C .P. , 3-19-91]
The above referenced communication was referred to the Committee
on Finance and to this office for an opinion. It is a request from the
Commissioner of Public Works for permission to sign an Occupancy Permit
Application and Undertaking in order to obtain permission from the Thruway
Authority to cross Thruway property to install water and sewer lines for
Cornelius Creek Park.
These are routine forms. We have reviewed them and approved them as to
form and recommend that the Commissioner of Public Works be authorized to sign
them.
REFERRED TO THE COMMlTTEE ON LEGlSLATION AND THE BUFFALO SEWER AUTHORITY
No.48
Sale of Used Voting Machines from Board of Elections
Item No. 100, C.C.P., 3-19-91]
The above referenced item has been referred to the Committee on
Finance and to this office for an opinion. It is a request from the Division
of Purchase to sell any and all of 49 used voting machines [or $200 each. The
communication reports that, in response to a solicitation, three offers to
purchase were received: one from ~Springville-Griffiths Institute to purchase
three (3) machines for $20l each, one from the Cattaragus County Board of
Elections for twenty (20) machines at $200 each and one from United Auto
Workers Local 846 for one machine for $500.
We recommend that the Division of Purchase be authorized to sell used
machines to the Cattaragus County Board of Elections for $200 each, but that
$Springville-Griffiths Institute and United Auto Workers local 846 be held to
their offers of $201 and $500 each, respectively. As to the remaining
machines, perhaps they should be readvertised, with each of the County Board of
Elections in New York State to be solicited.
RECEIVED AND FILED
No.49
Permission to Enter into Contract with
TIBUR0N/PSW3 for Computer-Aided Dispatch
Records Management System
Item No. 56, C.C .P., 3/19/91]
The above referenced communication has been referred to the Committee
on Finance and to this office for an opinion. It is a request from the Police
Department for permission to enter into a contract with TIBURON/PSW3 in the
amount of $656,882 for a ComputerAided Dispatch System.
We have worked closely with the Police Department on the development of
this proposal, which is the result of a consultant project with Ernst and
Young. It is our opinion that the contract is exempt from competitive bidding
because it is a professional services contract. We are satisfied that
TIBURON/P$W3 is the only vendor who can meet the Police Department's needs and
we recommend approval of the contract.
RECEIVED AND FILED
No.50
109 LOCKWOOD AVENUES
Enclosed is a letter received from attorney Robert Malmsheimer
regarding the above property. As explained in the letter and accompanying
attachments, the City owns a two-foot wide strip which constitutes a portion of
the driveway at 109 Lockwood.
In view of the fact that the owners have been paying taxes on this
property for a period of years, there appear no legal impediments to the
granting of this request. This office therefore recommends that the City owned
land at 109 Lockwood Avenue, 2' x 109' be transferred to the current owners of
109 Lockwood for nominal consideration.
Referred to the Committee on Finance and the Comptroller
No.51
OFFER TO PURCHASE SURPLUS
COAT RACK - CLAIRE BUZAK
The above named member of this Department has requested permission
to purchase one used wooden coatrack for $15.00. This coatrack is located in
Room 1118 City Hall.
The undersigned certifies that there is a surplus of coatracks in this
department and has no objection to the petitioner's request pending Your
Honorable Body's authorization for the sale of same.
I have attached an appropriate approving motion to accomplish this sale.
Referred to Council Staff
No.52
Request City Return Auctioned Property Located at 45 Edna Place Due to Improper
Notice
Item No. 109, C.C.P., March 19, 1991
The above item was referred to the Comptroller and to this department.
The item concerns property known as 45 Edna Place, which property was
foreclosed upon for non-payment of property taxes and sewer charges pursuant to
a judgment granted in In Rem Tax Foreclosure Proceeding No. 24 granted by the
County Court. The property was included in the tax sale held on October 29,
1990. There being no bids on the property, it was "struck down" to the City
and the deed to the City was recorded on November 28, 1990.
It appears the former owner of 45 Edna Place alleges that neither he nor
his co-owner of the property received notice of the foreclosure, and, on that
basis he seeks to have Your Honorable Body reconvey the property to himself and
his co-owner mother, assumably on payment of the delinquent taxes, sewer
charges and costs.
We have had previous occasion to address the question of whether Your
Honorable Body can reconvey a foreclosed upon property to the delinquent owner
upon payment of the back taxes or redress alleged violations or improprieties
in the foreclosure proceeding.
On such previous occasions, we have advised Your Honorable Body that (a)
such a reconveyance would run afoul of the constitutional prohibition on gifts
of public property for the benefit of a private individual; and (b) alleged
violations or improprieties in the foreclosure proceedings are a matter for
resolution by the Court which granted the judgment of foreclosure and sale.
We reiterate those conclusions in this case, and respectfully submit that
this item be received and filed.
REFERRED TO THE COMMITTEE ONFINANCE
No.53
Bennett Beach Park
tem No. 1, C.C .P. , 3/19/91
This opinion 15 in response to a number of issues regarding the
permissive legal use of Bennett Beach and the contract award for the operation
of Bennett Beach. Firstly, with respect to the legal use issue, a question was
raised as to whether the deed conveying Bennett Beach to the City of Buffalo
contained any restrictions regarding the property s use so as to preclude a
private vendor to operate Bennett Beach for the City of Buffalo as a public
facility.
The background information regarding the conveyance of the property to
the City of Buffalo is as follows: The City of Buffalo purchased this parcel
for Seventy-Three Thousand Dollars ($73,000). The City purchased this parcel
from Andrew and Mary Hoefner by a warranty deed on November 16, 1923. This
deed passing title to the City of Buffalo did not contain any restrictions or
covenants regarding use and operation of this land. The only restriction or
condition in the deed was a lease which expired May l, 1929. As such, there
exists no expressed or implied restrictions on the deed for the operation of
this parcel, as proposed herein.
Secondly, an issue arose as to whether the City of Buffalo is precluded
by the City Charter from entering into a lease agreement viith a particular
vendor, which is Snyder Corporation/Olympia Management Corporation, for the
operation of Bennett Beach. The answer to this is - no. The City of Buffalo
may permissively enter into a lease agreement with this vendor.
The reasoning is as follows: Section 404 of the City Charter bars the
City of Buffalo from accepting bids or awarding contracts to any person or
corporation who is in arrears to the City upon debt or contract or who is a
defaulter, as surety or otherwise, upon any cbligation to the City. After a
review of the facts herein, it appears that there may be some question of
arrears to the City by West Genesee Hotel Associates with its Payment in Lieu
of Taxes Agreement (PILOT) with the City. However, any outstanding payments in
question are attributable to West Genesee Hotel Associates only which is a
separate and distinct corporate entity from the proposed vendor herein. In
brief, West Genesee Hotel Associates is a partnership formed with its principal
capital partnership consisting of a New York limited partnership based in New
York City. Whereas, Snyder Corporation's principal is Paul L. Snyder, Sr. and
Olympia Management Corporation's sole shareholder is Marie Snyder. As such,
the City may permissively enter into a lease agreement with the proposed vendor
since this vendor is neither the same corporation nor of the same corporate
composition of the corporation which may be in arrears with the City pending
negotiations for payment therein.
REFERRED TO THE COMMITTEE ON FINANCE
No.54
SALARY ORDINANCE AMENDMENT
POLICE DEPARTMENT
ITEM NO. 208 C.C.P.
MARCH 19, 1991
The Committee on Civil Service has asked us to respond to a number
of questions regarding this Item.
1. The State Legislature passed an amendment to Section 58-4 of the Civil
Service Law, effective September 1980, a copy of which is attached. Basically,
it mandates that any police officer serving as an acting detective for a period
of 18 months, must be appointed to the rank of detective, with all pay and
benefits of that rank. The salary ordinance amendment before you effectuates
the compliance with that law. It is non-discretionary.
2. The requested list of those who would be appointed will be forwarded
by Commissioner Degenhart.
3. Questions of the source of funding should be addressed to the
Commissioner of Police and the Budget Director. However, it should be pointed
out that these individuals are presently being paid at the detective rate,
since they have been serving in the acting capacity.
4. This position is considered a detailed position. Therefore, were the
number of detectives to be reduced in the future, via the budget process, these
individuals would revert to these positions as patrol officers.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.55
Old 1st Ward Group
Use 408 So. Park Pole Sign
Item No. 123, C.C.P. 3119/91
The Department of Co-unity Development has reviewed the subject
item and supports the installation of the sign at 408 S. Park.
RECEIVED AND FILED
No.56
Encroach. Sidewalk Cafe 2495 Main
Item No. 44, C.C.P. 3/19/91
The Department of Community Development has reviewed the subject
item and supports the sidewalk cafe proposed for the Market on Main Street.
RECEIVED AND FILED
No.57
Old First Ward Inc. -
Application to erect pole sign
at 408-440 South Park.
Item No. 123, C.C.P., March 19, 1991
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAH EY moved:
That the communication from the Commissioner of Community Development,
dated be received and filed; and
That Item No. 123, C.C.P., March 19, 1991, "OLD FIRST WARD, INC. -
APPLICATION TO ERECT POLE SIGN AT 408-440 SOUTH PARK" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.58
IT. J. Steak Hoagie
Application to erect outdoor cafe, 1341 Hertel Ave..
Item No. 108, C.C.P., March 5, 1991)
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated be received and filed; and
That Item No. 108, C.C.P., March 5, 1991,"T.J. STEAK HOAGIE - APPLICATION
TO ERECT OUTDOOR CAFE, 1341 HERTEL AVENUE", is an unlisted action as defined in
6 NYCRR Part 617.2. The Common Council has approval power over this item, and
is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAT) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.59
Request to place sidewalk cafe
in right-of-way at 91 Niagara St
(Item No. 45, C.C.P., March 19, 1991)
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated be received and filed; and
That Item No. 4S, C.C.P., March l9, 1991, "REQUEST TO PLACE SIDEWALK CAFE
IN RIGHT-OF-WAY AT 91 NIAGARA STREET" is an unlisted action as defined in 6
NYCRR Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment form (EAF)
on this item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.60
Report of Bids
Hillery Playground Improvements
Item No. 69, C.C.P. 03/05/91
I have asked for and received the following proposals for the
J.F.Kennedy Playground Improvements on March 19, 1991:
CONTRACTOR BID
AMERICAN PAVING $ 26,800
G.B.H. PAVING 28,809
GREENHAUER DEVELOPMENT34,450
CEMULINI-PECORARO 35,900
DEL PRINCE 36,440
B.D.R., INC. 49,440
L.C.P., INC .58,513
I hereby certify that the foregoing is a true and correct statement of
all bids received, and that American Paving and Excavating, Inc., 5880 Thompson
Rd., Clarence Center, New York 14032, in the amount of $26,800, is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the City to order the work
on the basis of the low bid. Funds for this work are available in a Bond Fund
for South District Parks.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated March 20, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Hillery Playground Improvement, to American
Paving & Excavating, Inc., the lowest responsible bidder in the amount of
$26,800.00, with said cost to be charged against the Bond Fund for South
District Parks.
PASSED.
AYES-13
NOES-0
No.61
INCREASE IN CONTRACT 91600700
DELAWARE PARR LAKE
SHORELINE RESTORATION - PHASE II
I hereby submit to Your Honorable Body the following Change Order
on Contract 91600700 with B.b.R., Inc. for the Delaware Park Lake Shoreline
Restoration - Phase 11.
1) Perform selected thinning of underbrush at hill near the Casino and near
the second large oak on the Southshore .ADD $1,500
2) Remove an additional 62 old fence posts from Southshore and dispose
ofproperly . ADD $2,500
TOTAL ADD $4,000
Summary:
Original Contract Amount $423,414
Change Order No. 1 (This Change) 4,000
Revised Contract Amount $427,414
These changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Project Landscape Architect, The Saratoga
Associates and the Department of Community Development and found to be fair and
equitable.
Funds for this additional work are available in Capital Project Account
No. 200-717-510.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue a Change Order to B.D.R., Inc.,
as set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated March
27, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to B.D.R., Inc., in the amount of $1,500.00 for additional
work under the contract for Delaware Park Lake Shoreline Restoration - Phase
II, with said cost to be charged against Capital Prospect Act #200-717-510.
PASSED.
AYES-13
NOES-0
No.62
Change Order # 2
AllstateMaintenance Co., Inc./
King Cultural Center
I hereby submit to Your Honorable Body, the following Change Order
# 2 in the amount of $2,277.00 for the subject project.
The work is as follows:
- Furnish and install one piece of stone trim that is missing at the
coping of the Bell Tower located on the south elevator for price of:
(+) $1,794.00
- Renovate the decorative stone mushroom shaped piece with "Sika
Injection Gel" using the injection method.
(+) $ 483.00
(+) $2,277.00
Funds for this work are available in Account 200-717-045. The new
contract work will now be $912,198.00.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated March 28, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to All State Maintenance Co., Inc., in the
amount of $2,277.00 for additional work under the contract for King Cultural
Center, with said cost to be charged against Capital Project Fund #200-717-045.
PASSED.
AYES-13
NOES-0
No.63
Change Order & 3
All State Maintenance Co., Inc./ Ring Cultural Center
I hereby submit to Your Honorable Body, the following Change Order
& 3 for a deduct in the amount of $1,219.00 for the subject project.
The work is as follows:
-Furnish and install one piece of stone trim that is missing at the
coping of the Bell Tower located at the south elevator.
(-)$1,794.00
-Furnish labor and material to correct the stone condition with the use
of epoxy injection and veneer dowel pinning procedure.
(+)$575.00
- $1,219.00)
Funds for this work are available in Account 200-717-045. The new
contract with the deduct of $1,219.00 is now $910,979.00.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated March 28, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to All State Maintenance Co., Inc., in the
amount of $1,219.00 for additional work under the contract for King Cultural
Center, with said cost to be charged against Capital Project Fund #200-717-045.
PASSED.
AYES-13
NOES-0
No-64
War Memorial Stadium
Item No. 79 C.C.P. 3/19191
Our recommendation on awarding contracts for redevelopment of
War Memorial Stadium have been tabled in Mr. Collin's Finance Committee. Please
be advised that these bids are only good through April 12, 1991. We cannot
guarantee that if this project is rebid or delayed by Council inaction that we
will be able to commence construction this Spring. In fact, it is likely that
one year will be lost in seeding the facility.
In addition, I am concerned that a delay will negatively impact on the
project financially, in terms of additional costs by contractors, debt service
during delay and 1986 Tax Reform Act restrictions. Comptroller Giambra could
address the latter two issues more specifically.
REFERRED TO THE COMMITTEE ON FINANCE.
No.65
Elmwood Commercial Center - Request to place a pole sign at 2050 Elmwood Ave..
(Item No. 124. C.C.P.. March 19. 1991)
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.66
[Niagara Mohawk Power Corp. - Use [29-49 E. Oakwood St. for a restricted
[parking lot. (Item No. 125, C.C.P., [March 19, 1991)
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.67
Request to abandon
[Piper Street. (Item No. 210, C.C.P., [March 19, 1991)
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.68
ABANDONMENT OF PIPER STREET
ITEM No.. 210, C.C.P. 3/19/91
The Department of Community Development has no objection to the
abandonment and conveyance of the Piper Street right of-way to Tops Markets
Inc. as long as as the following condition is met.
* The City retains a ten (lO) foot wide easement along the soUth and east
property lines of the Piper Street right-of way. The easement shall be
retained for use in the Scajaquada Pathway Phase B project.
In regard to your request for a legal description of Piper Street, the
Department of Public Works is in a better position to prepare the document.
REFERRED TO ThE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.69
Communitywide Urban Renewal Homestead Program
Fillmore-South New Housing Project
Abby, Hopkins,and Baraga Streets
Apex Development & Construction Co.
The City of Buffalo Urban Renewal Agency duly designated Apex
Development and Construction Co., andlor 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.70
Community Wide Urban Renewal Homestead Program
Masten New Housing Phase IID
128-138, 158-162, 177-179 and 186 Chester Huber Construction, Inc.
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 hearing1 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.71
Report of Cancellation of
Demolition Contract of
R. A. Netzger - 215 Grape Street
Item No. 359, CCP 2/7/89
Please be advised that the above-stated contract in the amount
of $4,180.00 has been cancelled by our department.
The owner of the property obtained a show cause order.
The property was re-bid at a later date when the owner failed to repair the
building. Please refer to Item No. 6l, CCP dated January 10, 1991.
RECEIVED AND FILED
No.72
DAVID WOODS - NEIGHBORHOOD HARASSMENT-
134 MOHICAN
ITEM NO. 107, C.C.P. 3/5/91
Please be advised an inspection was made of the property located
at 134 Mohican on March 15, 1991 by Inspector Kevin Fitzgerald; whereby on this
date a letter of violation was sent to the owner of the vacant lot next door to
remove unlicensed vehicles. Mr. Fitzgerald noted in his report that the
problems here are more of a Police matter. However, he did state that the
property owned by Mr. Woods also has many exterior violations and there may be
a counter complaint filed.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.73
Ord. Amendment-Ch 175 Fees-Band Shell Rental
Ord. Amendment-Ch 175 Fees-Preservation Standards
Item 11201, C.C.P. March 5, 1991 Item 11202, C.C.P. March 5, 1991
The above referenced items have been referred to this office for
comment. They are proposals to rescind or reduce fee increases that Your
Honorable Body recently approved as part of the mid-year deficit reduction
plan.
The first would reduce the parks band shell rental fee back to its
prior$50 amount for Not-for-Profit organizations and keep the recently
approved $250 fee for commercial or business use. The Parks Department has
informed this office that the great majority of those who rent the band shell
are not-for-profit organizations. Passage of this legislation will virtually
eliminate the anticipated $7,000 increase in revenues included in the deficit
reduction plan.
The second amendment would reduce the application fee for landmark
designation (non-owner occupied) from $500 to $25. Previously there had been
no fee. It would also eliminate the$25 non-owner occupied certificate of
compliance fee for projects under $10,000 and decrease the similar $50 fee to
$10 for projects in excess of $10,000.
The Department of Community Development has informed Your Honorable Body
that these fees were proposed to recover their departmental costs and passage
of the proposed amendments will cost the city an estimated $5,100 per year in
lost revenues.
I support the departments' recommendations and the Common council's
previous action of passing legislation to help recover costs and close the city
budget gap. I recommend not lowering these fees.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF HUMl RESOURCES
No.74
Delay Appearance before
Civil Service committee
This is in response to your letter regarding the Common Council's
request to appear before the Civil Service Committee on March 26, 1991 to
answer any questions relative to my appointment to the position of Director of
the Division of Substance Abuse Services.
Please be advised that we are currently in the process of providing
information to the Regional Supervisor, Bureau of Contract Administration, of
the New York State Division of Substance Abuse Services regarding my
appointment. The review process will be completed in approximately thirty
days. At that time, we will contact the Common Council regarding the State's
disposition.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.75
Appt. Dir. Drug Abuse Div.
[Communication #97, C.C.P. March 19, 1991
As per the request of the Common Council Civil Service Committee,
attached please find the following items regarding Mr. Raymond Mc Gurn,
Division Director, Division of Substance Abuse Services:
l. Copy of CM-43 Form.
2. Copy of Mr. Mc Gurn's Diploma from Canisius College.
3. Copy of Mr. Mc Gurn's resume.
As of this date, we are not yet in receipt of a status report of New York
State's review of the application.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.76
Item #89, CCP 2/5/91
M. Salter - Req. Review
CSC Decision - Defer Appt.
In response to your communication relative to the above, please
be advised Mr. Salter was being processing for the Police Officer recruit class
that had been scheduled for appointment in February 1991. At that time, Mr.
Salter did not meet the medical requirements as prescribed by the Municipal
Police Training Council relative to height and weight standards.
It is uncertain at this time as to when the next class of Police Officer
recruits will be appointed. It appears Mr. Salter will be reachable for
certification for appointment to the next class, however, in order to be
considered for possible appointment, candidates must meet the medical standards
prescribed by the Municipal Police Training Council. Mr. Salter was notified
of this on March l, 1991.
REFERRED TO THE COMMITTEE ONCIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No.77
Health Education Curriculum
for Schools" - Item #172,. C.C.P.
December 26, 1990
This letter is in response to yours dated March 13,, 1991, which
followed letters dated December 27, 1990 and February 27, 1991.
The Board of Education has in place a comprehensive health education
curriculum for the public school system which includes family life education,.
prevention of diseases and disorders,, prevention of drug, tobacco and alcohol
abuse and prevention of AIDS. In addition, the curriculum includes personal
hygiene, self worth and self determination.
The Board,, as a matter of course and in keeping with its responsibility
for the children of Buffalo, periodically reviews its curriculum offerings.
These reviews are designed to determine whether or not there are deficiencies
which need to be addressed. Such a review of the whole health curriculum is
now planned. Board Members have begun to make recommendations for the
appointment of persons to a curriculum review committee. This committee will
work through the remainder of the school year. None of the existing guides are
15 years old.
In addition,, the State Education Department has just completed a review
of the health curriculum guides and their implementation in the district. It
is expected that this report,, when received, will form a basis for curricular
changes the committee may make'.
The committee will also be charged with a review of the presentations
made to the Board by community persons and service providers regarding specific
health issues,, strategies and services at December and January Board Meetings.
REFERRED TO THE COMMITTEE ON LEGISLATlON
FROM THE BUFFALO SEWER AUTHORITY
No.78
Sewer Problem 162 Stratford
Item #181C.C.P.March 5, 1991
Please be advised that the Buffalo Sewer Authority has already
responded to this problem. On January 17, 1991, a letter was forwarded to
Phillip N. Ricchiasi (copy enclosed) . Mr. Ricchiazi is the President of
company who did work at this site.
Based on an investigation of this property, we do not accept any financial
involvement.
REFERRED TO THE COMMITTEE ON CLAIMS
FROM THE CITY CLERK
No.79
NOTICE OF HEARING
NAMING THE SHOSHONE PARK SHELTER HOUSE
ITEM NO. 205, C.C.P., MARCH 19, 1991)
I HEREBY INFORM YOU THAT A PUBLIC HEARING HAS BEEN SCHEDULED ON
THE ABOVE HATTER. THIS HEARING IS TO BE HELD BEFORE THE COMMON COUNCIL AT ITS
REGULAR MEETING OF APRIL 2, 1991, AT 2:00 P.M., IN THE COUNCIL CHAMBER. THE
NOTICE OF HEARING wAS PROPERLY PUBLISHED IN THE BUFFALO NEwS AND COPY OF THE
PUBLICATION IS ATTACHED HERETO.
RECEIVED ID FILED.
No.80
TAKE FROM TABLE
NAMING SHOSHONE PARK SHELTER HOUSE
(ITEM NO. 20St C.C.P., MARCH 19, 1991)
MR. FAHEY MOVED THAT THE ABOVE ITEM NO. 205 , C.C.P. MARCH 19,
1991, wHICH IS THE SUBJECT OF A HEARING SCHEDULED FOR THIS DAY BEFORE THE
COONON COUNCIL, IS HEREBY TAKEN FROM THE TABLE, ID IS N~ BEFORE THE COMA
COUNCIL FOR ITS CONSIDERATION.
ADOPTED.
No.81
HEARING
NAMING SHOSHONE PARK SHELTER HOUSE
AS THE SALVATORE "SAM" CHIANTA, JR. SHELTER HOUSE
(ITEM NO. 205, C.C.P., MARCH 19, 1991)
MR. _FAHEY_ MOVED THAT THE ABOVE ITEM IS PROPERLY BEFORE THE COMMON
COUNCIL AND THE HEARING BE OPENED.
APPEARANCES-
IN FAVOR
EUGENE M. FAHEY
ROSEMARIE LOTEMPIO
ARCHIE L. AMOS, JR.
OPPOSED
NONE
MR. _FAHEY_ MOVED THAT THE HEARING BE CLOSED. CARRIED.
MR. FAHEY NOw MOVED THAT THE NAME OF THE SHELTER HOUSE IN SHOSHONE PARK BE
NAMED THE SALVATORE "SAM" CHIITA, JR. FIELD HOUSE, ID THE CITY CLERK IS
DIRECTED TO SEND CERTIFIED COPIES OF THIS ITEM, PURSUIT TO SECTION 286-5 OF THE
ORDINANCES OF THE CITY OF BUFFALO.
SECONDED BY MRS. LOTEMPIO.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES- ARTHUR-1
No.82
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL.
I HEREBY INFORM YOU THAT ON MARCH 5, 1991 THE COMMON COUNCIL
PASSED THE FOLLOWING ITEM:
NO. SUBJECT
118 Newsstand Lease Braodway/Fillmore
wHICH WAS PRESENTED TO THE MAYOR ON MARCH 9, 1991 AND RETURNED TO THE CITY
CLERK ON MARCH 18, 1991 WITHOUT APPROVAL OR DISAPPROVAL.
THE EFFECTIVE DATE OF THE ABOVE ITEM IS MARCH 19, 1991.
RECEIVED ID FILED.
No.83
NOTIFICATION OF DISPOSITION OF CITY RECORDS
THE FOLLOWING DEPARTMNNTS HAVE REQUESTED TO DISPOSE OF CITY BECORDS
AS INDICATED ON THE ATTACHED FORMS. I HAVE AUTHORIZED THE DISPOSITION OF THESE
RECORDS IN MY CAPACITY AS CITY RECORDS MANAGEMENT OFFICER.
Administration and Finance- Parking Violations Bureau
RECEIVED AND FILED.
No.84
LIQUOR LICENSE APPLICATIONS
ATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR LIQUOR
LICENSES FROM THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD.
89 GRANT ST. JANICE KACZMARSKI
1341 KENSINGTON BESHAR CORP. CARL BESZCZYNSKI
HARRY HEVERLY
RECEIVED ID FILED.
No.85
LEAVES OF ABSENCES WITHOUT PAY
I TRANSMIT HEREWITH COMNNICATIONS RECEIVED BY ME, REPORTING THE
GRANTING OF LEAVES OF ABSENCES WITHOUT PAY, IN VARIOUS DEPARTMENTS AS LISTED:
MAYOR/MAYOR EXECUTIVE- Bd. of Stadium-D. Senn
PUBLIC WORKS-E. Mikolajczyk, J. Schiavone, S. Kintzel
PARKS- J. Tudini
POLICE- J. Trabert
STREET SIITATION- T. Cappellano, Jr.
INSPECTIONS AND COMMUNITY REVITALIZATION- R. McGurn
HUMAN RESOURCES- E. Hernandez
RECEIVED AND FILED.
No.86
REPORTS OF ATTENDANCE
VARIOUS BOARDS ETC.
I TRANSMIT HEREWITH COMMUNICATIONS RECEIVED BY ME FROM VARIOUS
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES, REPORTING THE MEMBERSHIP
ATTENDANCE AT THEIR RESPECTIVE MEETINGS:
BUFFALO SEWER AUTHORITY
CITY PLANNING BOARD
HOME IMPROVEMENT ADVISORY BOARD
YOUTH BOARD
ZONING BOARD OF APPEALS
RECEIVED AND FILED.
No.87
NOTICES OF APPOINTMENTS
I TRANSMIT HEREWITH COMUNICATIONS RECEIVED BY ME, REPORTING APPOINTMENTS
MADE IN VARIOUS DEPARTMENTS. (MINIMUM, FLAT RATE, HOURLY, ETC.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
APPOINTMENT IN THE DEPARTMENT OF AssessmentTO THE POSITION OF
Typist Temporary AT THE:Minimum STARTING SALARY OF: $ 17,630
EFFECTIVE:March 19, 1991
Dorothy M. Kreppel
1550 Kensington Avenue
Buffalo 14215
FROM THE COMMISSIONER OF PUBLIC WORKS
APOINTMENT IN THE DEPARTMENT OF Public Works
DIVISION OF General Office TO THE POSITION OF Stenographer
Permanent Appointment AT THE: Minimum STARTING SALARY OF: $18,000.00
EFFECTIVE:March 13, 1991
Janine Daniel-Laude' 428 Gold St.Buffalo, NY 14206
APPOINTMENT IN THE DEPARTMENT OF PUBLIC WORKS
DIVISION OFBUILDINGS TO THE POSITION OF PAINTER Permanent Appointment AT
THE:Minimum STARTING SALARY OF: $ 20,683
EFFECTIVE:03/18/91
Alfred P. Grassia
30 Greenwood Place Buffalo, NY 14213
APPOINTMENT IN THE DEPARTMENT OF Public Works DIVISION
OF Water TO THE POSITION OFWater Treatment Supervisor
Provisional Appointment AT THE: Minimum STARTING SALARY OF
$ 31,395
EFFECTIVE: March 15, 1991
Samuel C. Campagna
32 Colonial CircleBuffalo, New York 14213
APPOINTMENT IN THEIDEPARTMENT OF Parks
DIVISION OF Recreation TO TIlE POSITION OF Laborer Seasonal Noncompetitive
AT THE: Minimum STARTING SALARY OF: $ 6.65
EFFECTIVE: March 18,1991
John Fisher
127 Densmore Buffalo New York 14220
Patrick Fray
144 Macamley Buffalo New York 14220
John Glynn
215 Sanders Buffalo New York 14216
Bruce MacDowell
161 Whitfield Buffalo New York 14220
David Norris
52 Euclid Place Buffalo New York 14210
Joseph Scinta
11 Nottingham Terrace Bufalo new York 14216
Kenneth Stevens
106 Timon Buffalo New York 14211
Jack Stewart
247 BristolBuffalo New York 14206
I
APPOINTMENT IN THE DEPARTMENT OF Police DIVISION OF TO THE POSITION OF Police
Lieutenant Perm.Prom. AT THE:Flat STARTING SALARY OF: $ 35,577
EFFECTIVE:3-21-91
Randie J. Joseph
6479 Olean Road
S.Wales 14139-0202
I
FROM THE COMMISSIONER OF POLICE
APPOINTMENT IN THE DEPARTMENT OF POLICE TO THE POSITION OF POLICE LIEUTENANT,
Contingent Permanent Prom. AT THE: Flat STARTING SALARY OF: $ 40,760
EFFECTIVE: 4-1-91
Patrick G. Stafford
63 Cedar Rdige Drive
W.Seneca, NY 14224
APPOINTMENT IN THE DEPARTMENT OF
Police
TO THE POSITION OF Police
Captain Perm. Prom. AT THE: Flat STARTING SALARY OF: $ 40,760
EFFECTIVE:4-1-91
Harold Litwin Jr.
2459 Sandrock Road
Eden N.Y. 14057
APPOINTMENT IN THE DEPARTMENT OF Police TO THE POSITION OF Police
InspectorContingent Permanent Prom. AT THE: Flat STARTING SALARY OF: $
44,854
EFFECTIVE: 4-1-91
John F. Brill
.4634 Deerfield Road Hamburg14075
I
APPOINTMENT IN THE DEPARTMENT OF Police TO THE POSITION OF
Police
Inspector
Perm.Prom.AT THE: Flat STARTING SALARY OF: $ 44,854
EFFECTIVE:April 1, 1991
David Caruso
16 Cantwell Drive Buffalo, NY 14220
DEPARTMENT OF
LAW
TO THE POSITION OF ASSISTANT CORPORATION COUNSEL
PERMANENT NON-COMPETITIVE AT THE: MINIMUM STARTING SALARY OF: $ 39,538
EFFECTIVE:MARCH 20, 1991
ILO NWABUGWU NOBLE
193 Minnesota Avenue Buffalo, NY 14214
FROM THE COMMISSIONER OF STREET SANITATION
APPOINTMENT IN THE DEPARTMENT OF Street Sanitation TO THE POSITION OF Seasonal
Laborer II Seasonal Non-Compet AT THE: Flat STARTING SALARY OF:$6.65 per hour
EFFECTIVE: March 18, 1991
Thomas F. Ruggiero
65 Sterling Avenue Buffalo, New York 14216
FROM THE COMMISSIONER OF HUMAN RESOURCES
APPOINTMENT IN THE DEPARTMENT OFHUMAN RESOURCES
DIVISION OF YOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT
THE:FLAT STARTING SALARY OF: $ 4.OO/hr.
EFFECTIVE: MARCH 14, 1991
TIMOTHY RAY
127 KENEFICK BUFFALO14220
APPOINTMENT IN THE DEPARTMENT OF HUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE: FLAT STARTING SALARY OF: $
4.00/hr.
EFFECTIVE: March 19, 1991
TYRONE HUTCHERSON
258 Riley Street Buffalo 14208
APPOINTMENT IN THE DEPARTMENT OFHUMAN RESOURCES
DIVISION OF YOUTH TO THE POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:
FLAT STARTING SALARY OF: $ 4. OO/hr.
EFFECTIVE: MARCH 20, 1991
TERESA Y. BLAKE
54 HOUSTON ST BUFFALO 20
PAUL F. BROWN
184 PRIES AVE BUFFALO 14220
SANDY J. GONDEK
95 POPLAR BUFFALO 14211
VONETTA RHODES
139 COURTLAND BUFFALO 14215
APPOINTMENT IN THE DEPARTMENT OFHUMAN RESOURCES DIVISION OF YOUTH TO THE
POSITION OF ATTENDANT TEMPORARY APPOINTMENT AT THE:FLAT STARTING SALARY OF: $
4.OO/hr.
EFFECTIVE:March 25, 1991
Edward Khalid
64 Amsterdam Buffalo 14215
Brian P. Jones
86 Rosemont Or .Buffalo 14226
APPPOINTMENT IN THE DEPARTMENT OFHUMAN RESOURCES
DIVISION OF YOUTH TO THE POSITION OF SUPERVISOR TEMPORARY APPOINTMENT AT
THE:FLAT STARTING SALARY OF: $ 5. OO/hr.
EFFECTIVE:MARCH 19, 1991
CYNTHIA L. CUYLER
72 MANHART ST BUFFALO14215
ROGER HEYMANOWSKI
201 HAGEN ST BUFFALO 14215
I
APPOINTMENT IN THE DEPARTMENT OFHUMAN RESOURCES
DIVISION OF YOUTH TO THE POSITION OF SUPERVISOR TEMPORARY APPOINTMENT AT
THE:FLAT STARTING SALARY OF: $ 5. OO/hr.
EFFECTIVE:MARCH 20, 1991
HELEN M. KURCZ
56 SIRRETT STBUFFALO 14220
FROM THE COMMISSIONER OF GENERAL SERVICES
APPOINTMENT IN THE DEPARTMENT OF GENERAL SERVICES DIVISION OF INVENTORY &
STORES TO THE POSITION OF LABORER II (SEASONAL) NON-COMPETITIVE AT THE:
STARTING SALARY OF: $6.65/HR.
EFFECTIVE:APRIL 1, 1991
DENNIS VITALE
143 SARANAC AVE. BUFFALO, 14216
I
APPOINTMENT IN THE DEPARTMENT OF GENERAL SERVICES DIVISION OF iNVENTORY &
STORES TO THE POSITION OF LABORER II (SEASONAL) SEASONAL NON-COMPETITIVE AT
THE: FLAT STARTING SALARY OF: $ 6.65/HR.
EFFECTIVE:APRIL 1, 1991
WALTER J. POLAK
67 KOONS AVE. BUFFALO, 14212
APPOINTMENT IN THE DEPARTMENT OF GENERAL SERVICES
DIVISION OF INVENTORY & STORES TO THE POSITION OF LABORER II SEASONAL
NON-COMPETITIVE
AT THE: FLAT
STARTING SALARY OF: $6.65/HR.
EFFECTIVE:APRIL 14, 1991
VERLEY DAVIS, JR.
35 ANTWERP ST.BUFFALO, 14211
APPOINTMENT IN THE DEPARTMENT OF GENERAL SERVICES DIVISION OF INVENTORY &
STORES TO THE POSITION OF LABORER II SEASONAL NON-COMPETITIVE AT TIlE: FLAT
STARTING SALARY OF: $6.65/HR.
EFFECTIVE: APRIL 15, 1991
JOSEPH K. MIGAS
1218 BROADWAY BUFFALO, 14212
NON-OFFICIAL COMUNICATIONS, PETITIONS AND REOONSTRANCFS
NON-OFFICIAL COMMUNICATIONS
No.88
BROADWAY MARKET MANAGEMENT CORP.
Petition for Approval of Certificate of Amendment of the Certificate
of Incorporation of Broadway Market Management Corp.
On behalf of the above-referenced corporation, I am writing to request
that you consider the enclosed Certificate of Amendment at your next session to
be held on April 2, 1991. I am enclosing one original (with a blue backing)
and three (3) photocopies of the Certificate of Amendment.
The corporation has recently decided to clarify its purposes (preserving
and enhancing the unique historical and cultural character of the Broadway
Market) and to add miscellaneous tax exempt language and therefore an amendment
to the Certificate of Incorporation is required to be filed with the Secretary
of State. However, the Certificate of Incorporation of Broadway Market
Management Corp. states that any amendment to the Certificate of Incorporation
requires the approval of the Common Council of the City of Buffalo. As such,
please consider the enclosed Certificate of Amendment. If approved, please
sign the fifth page of the Certificate of Amendment. Once the approval has
been obtained, please return the original Certificate of Amendment to my
attention utilizing the enclosed self-addressed, stamped envelope.
Thank you for your assistance in this matter.
Referred to the Committee on Finance and the Corporalon Counsel
No.89
Buffalo Convention Center
OPPOSE MERGER WITH CHAMBER OF COMMERCE
The Board of Directors of the Buffalo Convention Center Management
Corporation at the Board meeting of March 22, 1991, unanimously voted to go on
record as opposed to the current movement that has as its apparent aim the
incorporation of the Convention and Visitors Bureau (CVB), the Greater Buffalo
Chamber of Commerce (the Chamber) and the Greater Buffalo Development
Corporation into one umbrella organization.
Our concern is solely with the CVB, since the success of the Convention Center
is largely dependent upon the CVB's accomplishment of its mission. The CVB has
the bed tax revenues and staff to sell the Buffalo area to various
organizations. We do not have the dollars to do this. Our limited resources
are targeted at local business, primarily banquets and trade shows, and in
supplementing the efforts of the CVB.
We have previously gone on record regarding the CVB. We have noted the lack of
management and other problems which have troubled the CVB over many years. We
are convinced that a significant contributor to such problems has been the
status of the CVB as a sort of step child to the Chamber. Significant CVB (bed
tax) resources are channel led to the Chamber for rent and other supporting
services. Clear financial information relating to the CVB as an independent
entity is difficult or impossible to obtain. Management responsibility is
obfuscated so that responsibility is difficult to assess. The politics of the
larger organization often interferes with the independent mission and
management of the CVB. At the same time the CVB lacks management, there
appears to be an excess of chiefs over Indians. The CVB needs more motivated
sales people out selling and less highly paid bureaucrats.
Our Board cannot see any improvement in this situation through merging the CVB
into an even larger organization. Rather, we think that this would serve to
worsen the existing situation.
The proposed merger would result in:
* Tax dollars being spent by an organization controlled by limited private
interests who may not represent the Western New York Community at large or the
hospitality industry which is also dependent on the success of the CVB.
* Lack of the public airing of issues relating to the operation of the CVB.
It is very likely that the Board of a much larger umbrella organization would
act as a "rubber stamp" for management of the CVB/umbrella organization since
the CVB's mission would not be the primary concern of this Board.
* Continued lack of financial accountability and management responsibility.
The Board of Directors of the Buffalo Convention Center Management Corporation
believes that the proper direction for the CVB is not its merger into an even
larger organization9 but rather independence from any other organization, with
control vested in an independent Board. The Board should be representative of
the Western New York Community at large and the hospitality industry, and
should be directly responsible to its funding sources(s). The Board should
have the power to appoint and evaluate management and be responsible for the
financial administration and overall direction of the CVB.
Our motivation is based solely on our desire to achieve greater success in the
convention and tourism business in Western New York. Our Board has been
struggling with the CVB problem since the Convention Center opened in 1978. It
is time to act wisely in this matter.
Referred to the Committee on Legislation, Buffalo Chamber of Commerce,
Convention and Visitors Bureau and the Greater Buffalo Development Corporation.
No.90
David P. Corbett
Increase Trash Pick-ups
As owner of several properties on the East Side of Buffalo, I am concerned and
embarrassed about the heaps of trash and debris that seem to grow out of the
curbs to form unsightly mountains. Soiled mattressess, broken televisions,
major appliances and other assorted discards make the otherwise beautiful
neighborhoods ugly. Further, these trash piles are a harborage for rodents.
When the city reduced the major pick-ups to four times per year, the
neighborhoods got worse. The volume of trash probably remains the same
regardless of the frequency of pick-ups. More frequent pick-ups would help keep
our neighborhoods safer and cleaner.
I would appreciate your response as to your intentions of improving the
derelict state of affairs.
RECEIVED AND FILED
No.91
A. Decorse
Naval Park Sculpture
I had a meeting with Mayor James Griffin in his office Mo~ay morning,
February 41 1990. Also present were I'aurence Rubin, the city's Comoissioner
of Community Developrent and Richard Beck1 Director of Navel Park.
The Mayor asked 1'aurence Rubin to lock into the possibilities of
installing a monument I designed for the Rebert W. Bedetl Memorial Chapter,
Aeerican ~rchant Marine Veterans Inc.1 of which I am a member.
Mayor James Griffin asked me to send him a list of the sailors 10st at
sea during World War 111 1941 to 1945, also a cooy for ~. Rubin end Griffin
assured me all would be fine for my project.
Mr. Rubin told me he was going to contact the architect for the Buffalo
and Erie County Navel and Servicemen's Park that same day, February 41 1990.
The Buffalo News published a feature story November 91 1990 to help promote a
monument fund raising and of course this information was checked out with Mr.
Rubin and Mr. Griffin. On, February 6, 1991 I talked with Mr. Rubin about my
monument project end to my surprise, he rejected my project for Buffalo end
Erie County Navel end Servicemen's Park.
The reason he gave was that he did not want the park to look like a
graveyard end perhaps the Army Air Force might want a monument there also.
Referred to the Committee on Legislation, the Buffalo Arts Commission,
Servicemen's Naval Park and the Commission of Community Development, and the
Corporation Counsel
No.92
Request Removal of Trees
We are writing in regards to a tree problem at our 1264 Main Street
location. We have been in contact with Mr. Ed Draebek of the Forestry
Department, who in turn had us contact the Parks Department.
Our business identification sign has been in place for approximately 18
years. Two (2) trees were planted during construction of the Rapid Transit
System approximately 10 years ago. These trees have grown and now block the
view of our sign when traveling north on Main Street. The trees also obscure
our convenient store and gasoline facility. This obviously causes a loss of
business to us. The commissioner of the Parks Dept. said that he would not
remove these trees and that we should clean up the debris & weeds around them.
We did clean up even though these are on city property, not ours. We are
asking that these trees be removed.
Any assistance you can offer would be areatlv appreciated.
Referred to the Committee on Legislation and the Commissioner of Parks.
No.93
DR. J. DiPERSIO
MEDICAL REPORT ON EMPLOYEE A. DiPIANO
This letter is to inform you that Anthony Dipiano may return to work at any
time. As you know, he underwent autologous bone marrow transplant in February
of 1989. He had several complications initially upon his discharge, however he
has been well for the past 8 months and is eager to resume a normal life style.
We do not feel that his platelet coint will be a risk to him in his position
with the City of Buffalo. This is not the same problem that is associated with
Hemophilia. It would be very disconcerting to know that he is not being allowed
to do the same things that he enjoys after undergoing a procedure thats intent
is to be life saving. If you have any further questions or concerns, please
feel free to contact myself or one of the Bone Marrow Transplant Nurse
Coordinators at (716) 275-1941.
Thank you for your consideration in this matter.
REFERRED TO THE COMMISSION ON CIVIL SERVICE, COMMISSIONER OF STREET SANITATION,
CIVIL SERVICE COMMISSION AND CORPORATION COUNSEL.
No.94
COUNTY OF ERIE OFFICE OF THE
DISTRICT ATTORNEY
Process for Handling CouncilConcerns
In response to your correspondence of March 20, 1991, would you
be so kind as to advise the members of the Council that they may contact my
secretary and set up an appointment to see me in my office on any matter
whatsoever.
Many of the members of the Council have contacted me personally in the
past on a wide range of subjects of either personal concern or general concern
to their constituents. This procedure seems to have worked very well and will
be continued to be utilized by this office. Please advise them that my phone
number is still 858-2424.
I thank you and the members of the Council for their continued
cooperation.
REFERRED TO THE COMMlTTEE ON LEGl.S.LATION
No.95
V. GRABINER
INTEREST IN SERVING ON POLICE REORGANIZATION
COMMISSION
This letter is written to express my interest in serving on the
Citizen's Commission to Review the Buffalo Police Report. I have enclosed a
recent copy of my vita. As you can see, I am an Associate Professor of
Sociology at Buffalo State College with a doctorate in Criminology. My
speciality is Sociology of Crime. I also regularly teach Sociology of Juvenile
Delinquency, Women's studies, Sociology of Social Movements and Introduction to
Sociology. Currently, I am chairing a College Senate subcommittee to rewrite
the Code of Rights Freedoms, and Responsibilities for Students. That is our
student judicial code. This work will be completed next week and I am looking
for a new "project." I would like to put some of my energies and expertise into
community service. I have lived in Buffalo, since 1974 and I share the
college's commitment to its urban environment.
I am sending a similar letter to the president of the Common Council and
would appreciate it if you would file my vita with the city clerk so that the
other members of the Common Council may have copies.
Thank you very much for your consideration. Feel free to call me at my
office (878-6430 or 878-5411) or at my home (833-2355) if you have any
questions or concerns regarding this matter.
Referred to the Police Reorganization Commission
No.96
JAMES W. HARRINGTON, JR.
Comments and Reports
Waterfront Horizons Commission
Thank you for asking me to meet with you last Wednesday. I especially
appreciate your suggestions for improving communication between the Council and
the Horizons Commission:
*my filing a copy of relevant reports and correspondence with the
City Clerk:
*my preparing a brief report on each Commission meeting for the City
Clerk
*establsihing a Horizons liason in the Council staff office; and
*the eventual establishment of a waterfront access board, as called for
in the city's draft LWRP.
With respect to the Action Plan itself, I can see that the basic objectives of
the Council include the development of a large, visible mass of waterfront
parkland, with public amenities, before the development of private activity in
the Study Area. This implies some pretty claer messages to the Commission.
*make the Greenway Pedestrian Trail the top priority within the City;
*on the Outer Harbor, go about "creating" additional waterfront land by
realigning Fuhrman Boulevard before allowing residentioal development west of
the Boulevard;
*develop Outer Harbor park space before residential or commercial
activity; and,
*compared to the current illustrative drawing s for the Outer Harbor,
group any water -side (west-of-Fuhrman) residential or commercial development
more cohesively, to leave larger areas -- visible from the Blvd. -- as public
parkland.
After getting further feedback from the Council, I will be happy to take these
messages to the Commission (via its chair, executive director, and consultant
oversight committee).
RECEIVED AND FILED
No.97
F. Hellwitz
Cancel prior years Assessment
7-9 Cottage Street
In June 1979 I bought my house 7-9 Cottage Street at a tax sale.
The house was nothing but a burned out shell. I obtained a 312 loan from HLD
and rehabilitated the house.
The origianl mortgagor was BOWEST who sold the mortgage to CC services. My
mortgage payments included the real estate taxes.
January 12, 1991 I received a notice that my house was reassesed-I have no quar
rel with that.
As background information: The Allentown area went thru a reassesment program a
number of years ago. My house was overlooked and not included in the
reassesment.
Now the city is asking me to pay three years back taxes. The citv made the
mistake initially and they want to penalize me for their error.
As a social security recipient it is impossible for me to pay three vears
taxes.
Thank you for your help and understanding.
Referred to the Committee on Finance, the Commissioner of Assessment and the
Corporation Counsel.
No.98
HELPING HANDS OF GREATER BUFFALO
As you know, with the economy caught up in the grips of recession, more and
more clients are coming to Helping Hands for assisstance. Our client intake has
increased over 30% in the last year and we are doing our best to serve them.
However, we are severely restrained in our efferts because of a lack of space.
Currently, we are using the pool locker rooms for the storage of food and
household items that are donated to give to needy families. But it is coming to
that time of year again when we must clear-out from the locker rooms so that
the City can prepare the pool for the summer. Each year, this leaves us in a
bind that, in effect, reduces our service to our clients.
We feel that we have come up with a permanent solution to this problem. Please
find enclosed a copy of a blue print to erect an additional structure
(building) in front of the center which, if constructed, would be used year
round for storage in place of the locker rooms. This in turn would save the
City money on preparing the locker rooms for their summer usage.
The new structure would be built so that it can be removed if, for some reason,
Helping Hands should lose its lease.
Funds have already been secured by Helping Hands to cover the construction
costs. No funds shall be solicited from the City for this project.
What is needed is for someone like yourself to help us gain approval from the
City for this project. We would greatly appreciate your assistance in this
matter and we are confident that once you know all the facts, you will be eager
to help us get the ball rolling.
So let me thank you in advance for your help and we look forward to working
with you in this effort.
If preffered by the City temporary changing rooms can be set up i the summer
so that the locker rooms can remain as areas for storage. These rooms can be
dismantled after the pool season is over.
If neither of these two options are feasible to the City, we would ask to be
allowed to bring in and set up a 12 by 50,4 room trailer for storage. It would
be secured on bricks and would be used instead of the lockers.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF PARKS.
No.99
R. JONES
Request information on
classess for Police Officer
I have been on the Civil Service list for three years and I have
a background in criminal Justice. I am interested in becoming a Buffalo Police
officer and would appreciate knowing when the next session of classes will
begin.
Please inform me of the proper procedure to take. I can be reached at 57
Fairfield St., 834-1218. Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, the Civil Service Commission and
the Commissioner of Police
No.100
Status-Citizen's Funding
Review Commission
On behalf of the Citizens Funding Review Cuurnnittee I would like
to thank each of you and the Common Council for the recent appointments to the
Committee.
As you know1 this Committee was created by ordinance to advise the Mayor
and Common Council on annual city Grant-In-Aid appropriations.
In the past, the Committee members have conducted intensive reviews of
each application and supporting documentation, including financial information.
Each agency was investigated to determine those specific programs and services
to be funded by the Grant-In-Aid program, the public benefit which would result
from a Grant-In-Aid and the financial need of the Agency for a Grant-In-Aid.
The Committee also conducted the Mayor's Public Hearings. Last year, each
active Committee Member spent an average of 50 hours on the review process.
The Committee was adjourned as of February 15, 1991 because it had
insufficient members to permit it to go forward. The Committee reconvened on
March 15 following the appointments made through March 6. The Committee
discussed its ability to function as outlined above and regretfully concluded
that, due to the significant time restraints resulting from our inability to
begin our work in early February, we are unable to conduct the full review and
issue a report for 1991 which does justice to the process.
Upon completion of this year's budget process we hope that the Mayor's
office and the Common Council will evaluate the future of the Committee. We
would welcome the opportunity to meet with you later in the year to discuss the
Committee's role for 1992.
RECElVED AND FILED
No.101
Nancy Ryan
Req. City Pay Present/Future
Medical Bills
Enclosed please find some medical bills when I was taken to the
Emergency Room on Thursday, February 21 and again on Sunday, February 24, 1991.
I had Xrays taken both days and I saw my head doctor on Thursday, February
28th (Dr. Anthony Roman).
I am in great pain when I walk but 'I was told to keep going. The pain would be
there for a long time.
I am going back to the hospital on Monday, March 4 to see Dr. Reddy and again
on March 5, 1991 to see Dr. Jordon at Sheehan Hospital. Dr. Reddy is at ECMC.
Please excuse my writing, I am in pain. My left side is effected. I also have
pain in my chest.
Please advise me who is going to pay all these bills - I can't pay them. There
are also future bills on the way. Enclosed please find two bills ( one for the
ambulance, .$191.40 ) which has to be paid and the other for medicine which I
paid but it was all I could afford.
REFERRED TO THE COMMITTEE ON CLAIMS
No.102
SIEGEL, KELLEHER & KAHN
REQUEST SUSPENSION OF ORDINACE
420 FRANKLIN ST.
Please be advised that I represent the owners of the above mentioned
premises, Siegel, Kelleher & Kahn, and this application is made on their
behalf.
The building is a three story structure with a basement, constructed of
masonry and wood frame exterior walls having approximately 1,840 square feet
per floor. The legal occupancy of the premises as per building permits on file
with the City, prior to July 1, 1985, is as follows: basement - general
storage; first floor - attorney's offices; second floor -attorney's offices;
third floor - a one family apartment.
The existing occupancy of the premises however, prior to
July 1 of 1985, was and is as follows: basement - filing andgeneral storage;
first floor - attorney's offices; second floor - attorney's offices; and third
floor - attorney's offices.
The non-conforming items of 426 Franklin Street, as reflected in the
Buffalo Building Code, Chapter XII, prior to July 1, 1985, are as follows:
1. Section 60 of Chapter XII, titled Height and Area Limitation, limits
office occupancy of wood construction to two stories whereas the existing
office occupancy is three stories and a basement.
In addition,
2. Section 66 of Chapter XII, entitled Means of Eeress Relatine to Exit
Stairs, requires a stair enclosure with a two hour rated construction leading
directly to the exterior. The existing stair enclosure is a three-quarter hour
rated stair exit with winders which is prohibited under the exit stair
requirement.
In addition, this stair enclosure also leads directly into an office on the
first floor. This is also prohibited under the exit stair requirement.
Therefore, on behalf of my clients, I hereby request relief from Sections
60 and 66 of Chapter XII of the Oridnances of the City of Buffalo as it existed
prior to July, 1985, for those enumerated conditions which existed at 426
Franklin Street prior to July of 1985.
In addition, I would like to point out that my clients, in their concern
for safety, have installed a sprinkler system in the stairwell, a fire
detection system throughout the building and a smoke detector system throughout
the building, and also, at regular intervals, have certified fire
extinguishers.
I would also like to point out that the highest and best use for this
building is most certainly as a law office and that this application is made
with that in mind. I would appreciate it if you can consider this matter on
your next council agenda. If you have any questions regarding same, do not
hesitate to contact my office directly.
Referred to the Committee on Legislation, the Commissioner of Inspections and
Community Revitalization, the Commissioner of Community Development and the
Corporation Counsel
No.103
Town of Evans
Supervisor's Office
Bennett Beach Property -
Snyder CorPoration Lease
This is in response to Legislative Staff Manager Thomas M. Tarapacki's
correspondence requesting Town of Evans comments regarding "Bennett
Beach Property- Snyder Corporation Lease" - No. 33, C.C. P. Marsh 19, 1991.
The subject matter was referred to our Town Attorney and Town Assessor
for review. The proposed use of said property would be a lease for commercial
recreational use. Section 406 of the New York State Real Prooerty Tax Law is
not available far relief for any such use.
REFERRED TO THE COMMITTEE ON FINANCE , Commissioner of Public Works,
Commissioner of Parks and the Corporation Counsel.
No.104
TRANSPORTATION DISPLAYS INCORPOPATED
Painted Overhead Bridges
On October 10, 1990 I sent a letter to City Council regarding
a proposal to paint Conrail's overhead bridge tressles within City limits.
To date, I have not received any information from the City regarding the
proposal. If there is any additional information I could provide Council as a
follow-up, or if I may be of help in answering any questions, please call. I
have enclosed all other pertinent documentation regarding this matter.
Each Council Member's consideration to this proposal is greatly appreciated.
Referred to Council Staff
PETITIONS
No.105
MARCIA LEVINE, D.V.M., OWNER, PETITION TO USE 25 SUMMER STREET
FOR A GROUND SIGN FOR EXISTING VETERINARY CLINIC.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
REPORTS OF REGULAR COMMITTEES
CLAIMS COMMITTEE
Brian M. Higgins, Chairman
No.106
CLAIMS COMMITTEE REPORT
COMPROMISE AND SETTLEMENT OF
ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the following
actions for personal injury arising out of alleged negligence on the part of
the City, be compromised and settled:
A l. KATHLEEN E. & GERARD BOINSKI, P/N/G of GERARD GREGORY BOINSKI JR., an
Infant & WILLIAM WAIBLE, ESQ. As Attorney $500.00
A 2. JAMES J. MICHALEK, ESQ. As Attorney for JOHN PASTERNAK
$600.00
A 3. FREDO SIXES, Administrator of the Estate of WALTER SIXES,
Deceased and LEONARD BERKOWITZ, ESQ. As Attorney
$45,000.00
That checks be drawn on the account of 81-2 General City Charges
i00-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, hereinabove named, in the amounts
set opposite their names and of the proper releases and closing papers.
PASSED
AYES-13
NOES-0
Messrs. Amos & Bell were in the negative on A-3 only Mr. Arthur was in the
negative on A-I & A-2 only.
Mr. Coppola was in the negative on A-2 only.
No.107
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. RICKY M ALLEN and WALTER D. BOWMAN His Attorney
Claim for property damage at 191 Roosevelt Avenue due to basement flooding as a
result of a leaking tap at the Roosevelt Spray Pool. There is no Insurance
Company involved in the settlement of this claim.
6,000.00
B 2. AMERICAN STATES INSURANCE COMPANY A/S/O DENNIS A. CAHILL
Subrogation claim for damage to the hood of a 1989 Chevrolet Blazer which was
stolen from the vehicle while it was in the custody of the City at the
Tonawanda Street Impound Garage.
$593.61
B 3. KATHLEEN J. ELLIOTT
Claim for damage to claimant's vehicle a 1981 Cadillac that was damaged when
struck by another vehicle which was being towed by the City at the Tonawanda
Street Impound Garage. There is no Insurance Company involved in the settlement
of this claim. $249. 43
B 4. JOSEPH N. GIAMBRA
Claim for the insurance deductible for damages to a 1990 Chevrolet Lumina
parked in the City Court building basement. SENTRY INSURANCE COMPANY paid
$138.04. $ 200.00
B 5 OCCHINO TOWING, INC.
This is a claim for damage to property of the claimant while performing duties
for the City of Buffalo while towing
cars
to the Tonawanda
Street Impound Garage. There is no Insurance Company involved in the
settlement of this claim.
$
172.25
Ii6. DENNIS PARISI
This is a claim for damage to eyeglasses of the claimant, a supervisor in the
Department of Street Sanitation. There is no Insurance Company involved in the
settlement of this
claim. $200.00
B 7. PENN ADVERTISING, INC. and JAECKLE, FLEISCHMANN & MUGEL As Attorneys
Claim for damage sustained in the relocation of signs in the widening of Bailey
Avenue at Seneca Street. There is no Insurance Company involved in the
settlement of this claim.
$9,715.00
B 8. MARVIN and ETHEL PRATHER and UNITED STATES FIDELITY & GUARANTY COMPANY
Claim is for property damage when a City tree fell on Mr.Prather's home at 544
Woodlawn Avenue. $355.00
B 9. WILLIAM T. SCHULTZ
Claim for damage to claimant's eyeglasses while performing his duties for the
Department of Street Sanitation. There is no Insurance Company involved in the
settlement of this
claim. $122.00
B 10. CORWIN SIMMONS
Claim for damage to a 1982 Lincoln while it was at the Seneca Street Impound
Garage. There is no Insurance Company involved in the settlement of this
claim. $954.38
B 11. ALEXIS T. TEMBO
Claim for damage to a 1983 Pontiac while it was at the Tonawanda Street Impound
Garage. There is no Insurance Company involved in the settlement of this
claim. $559.93
B 12. CONSTANCE M. WEST
Claim for reimbursement for a 1979 Oldsmobile which was sold at auction by the
City. There is no Insurance Company involved in the settlement of this claim.
$2,000. 00
That checks be drawn on the account of 81-2 General City Charges
00-8l2-000-00-809 Judgment and Claims Prior Years, payable to the iespective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation (counsel of proper releases and closing papers.
PASSED
AYES-13
NOES-0
Messrs Bell, Collins and Pitts were in the negative on items B 2, 3, 5, 6, 9,
10, 11 and 12 only.
No.108
MISCELLANEOUS
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C l. AMHERST PAINTING, INC. and MARCUS, KNOER & CRAWFORD As Attorneys
Contractual claim for services rendered to the City of Buffalo in the painting
of the Broadway Market in 1985. $ 13,000.00
C 2. BUFFALO GENERAL HOSPITAL
Claim for services rendered to Police Officer, DANIEL EARRETT who was injured
on duty and required medical treatment in a prior fiscal year.
$114. 55
THERE ARE NOT INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE
CLAIMS.
That checks be drawn on the account of 81-2 General City Charges
j00-8l2-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES-13
NOES-0
No.109
MISCELLANEOUS
C 3. THOMAS P. CLEARY, ESQ.
Claim for professional services rendered by Attorney Thomas P. Cleary. This
service relates to the softball investigation. An itemized statement has been
Provided. These services were rendered in a prior fiscal year and must be
treated as a claim. $ 35,239.23
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mr. Higgins now moved that the above item be recommitted to the Committee on
Claims.
Adopted
No.110
MISCELLANEOUS
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
C 4. COLGATE HEATING CORPORATION
Claim for work done at the Pratt & Willert Community Center in a prior fiscal
year. $2,314.27
C 5. COPY/WORLD BUSINESS EQUIPMENT LEASING
Claim for services rendered to the Office of the City Clerk in a prior fiscal
year. $225.46
C 6. MICHAEL T. GRANT, M.D.
Claim for services rendered to Police Officers DAVID CARUSO and DUANE BONAMICI
who were injured on duty and required medical treatment in a prior fiscal year.
$189.12
C 7. HOSPITAL AMBULANCE BILLING SERVICE
Claim for services rendered to Police Officer ALAN JACKSON who was injured in
the line of duty and required medical treatment in a prior fiscal year. $168.49
C8. THEODORE H. LANG
Claim for services rendered to the Division of Labor Relations in the past
fiscal year for Arbitration Hearings. $1,368.25
C 9. LOOMIS-ROOT, INC.
Claim for services rendered to the Police Department in the past fiscal year.
$283.49
C 10. D.J. MEAD/HUBBS & HOWE COMPANY
Claim for services rendered to the Mayor's Office for Senior Citizens in the
past fiscal year. $156.72
C 11. MERCY HOSPITAL
Claim for services rendered to Firefighter, THOMAS WHITE who was injured on
duty and required medical treatment in a prior fiscal year.
$482.57
C 12. MERCY HOSPITAL
Claim for services rendered to Police Lieutenant THOMAS MASTERSON who was
injured in the line of duty and required medical treatment in a prior fiscal
year. $ 428.94
THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE
CLAIMS.
That checks be drawn on the account of 81-2 General City Charges
j00-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES-13
NOES-0
No.111
MISCELLANEOUS REFUND
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1. BUFFALO PLACE, INC.
Claim for a partial refund for the Downtown District Peddler's Licenses issued
during the period of April l, 1989 through March 30, 1990.
$3,910.00
D 2. F & L MOTORS, INC.
Claim for reimbursement for a 1983 Yamaha motorcycle which was erroneously sold
at auction by the City of Buffalo. $200.00
D 3. BEN GLASER'S SERVICE STATION
Claim for a refund of monies paid to the City for a repair garage permit. Due
to an error in the calculation of square footage which affected the cost of the
permit, the owner was overcharged for the past several years.
$435.00
THERE ARE NO INSURANCE COMPANIES INVOLVED IN THE SETTLEMENT OF THE ABOVE CLAIMS
That, checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES-13
NOES-0
No.112
MISCELLENEOUS PAYROLL
That, upon the recommendation of the Corporation Counsel and the
dppropriate City Department, the following claims be paid:
E 1. l. NICHOLAS L. CORDOVA
Claim for two days pay to the claimant a Seasonal Laborer II in the Division of
Inventory and Stores. Mr. Cordova returned to work on January 22, 1991 after
a two week layoff. Through an error he was not paid for January 22, 1991 and
January 23, 1991. There is no Insurance Company involved in the settlement of
this claim. $106.40
E 2 R. PETER MORROW III
Claim for additional longevity due to an adjusted longevity date for an
employee of the Department of Law. There is no Insurance Company involved in
the settlement of this claim. $200.00
E 3 JOSEPH TUCHOLSKI
Claim for an additional longevity payment due to an adjusted longevity date due
to prior seasonal service for an employee of the Department of Street
Sanitation. There is no Insurance Company involved in the settlement of this
claim. $700.00
That checks be drawn on the account of 81-2 General City Charges lund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and of the proper releases and closing papers.
PASSED
AYES-13
NOES-0
No.113
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
F 1 . G. STANFORD and MARIETTA BRATTON
The above Item has been referred to the Claims Committee. It is a claim for
watermain problems at 334 Crescent Avenue. It is the opinion of the Corporation
Counsel that there is no liability on behlaf of the City of Buffalo.
The Corporation Counsel recommends denial of this claim.
$2,627.00
That the above claim be and hereby is approved. That the Department of
Public Works, Water Division is hereby requested to 'submit a plan to the
Common Council on how to correct the problem and prevent it from reoccurring
and that this be done within sixty (60) days.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES-13
NOES-0
CIVIL SERVICE COMMITTEE
James W. Pitts, Chairman
No.114
SALARY ORDINANCE AMENDMENT
06 - DEPARTMENT OF ADMINISTRATION & FINANCE
06-3 DIVISION OF LABOR RELATIONS
(Item No. 195, C.C.P., 3/5/91)
That the above Salary Ordinance Amendment as contain in Item No.
195, C.C.P., March 5, 1991 be and tame hereby is approved.
PASSED
AYES-13
NOES-0
No.115
REESTABLISH POSITION - SUPERVISOR OF RECRUITMENT MUNICIPAL CIVIL SERVICE
COMMISSION
(Item No. 163, C.C.P. 03/05/91)
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 that this Salary Ordinance Amendment carry the
stipulation "Will Brown only," to relect the status of the individual on leave
of absence; and that the budget detail of this position reflect that it is
unfunded.
ADOPTED
No.116
RE-ESTABLISH POSITION
SUPERVISOR OF RECRUITMENT (CC)
(Item # 62 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.117
VACANCIES//SUBSTANCE ABUSE SERVICE
(Item # 96 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY
RECEIVED
AND FILED.
ADOPTED
No.118
APPOINTMENT
AUDIT & CONTROL//COMPUTER OPERATOR
THAT COMMUNICATION NO 32 CCP MAR 5, 1991 BE RECEIVED AND FILED
AND THE PERMANENT APPOINTMENT OF THOMAS DE GENNARO STATED ABOVE AT THE
INTERMEDIATE SALARY $24.310.00 EFFECTIVE ON MARCH 4. 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.119
APPOINTMENT
AUDIT & CONTROL//COMPUTER SHIFT SUPERVISOR
THAT COMMUNICATION NO 33 CCP MAR 5, 1991 BE RECEIVED AND FILED AND THE
PERMANENT APPOINTMENT OF HERBERT A. RICHARDSON STATED ABOVE AT THE INTERMEDIATE
SALARY $28,086.00 EFFECTIVE ON MARCH 4, 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.120
APPOINTMENT
PUBLIC WORKS//WATER SERVICE INSPECTOR
THAT COMMUNICATION NO 47 CCP MAR 19, 1991 BE RECEIVED AND FILED
AND THE PERMANENT APPOINTMENT OF DONALD J. TITUS, JR. STATED ABOVE AT THE
MAXIMUM SALARY $21,729.00 EFFECTIVE ON MARCH 4. 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.121
APPOINTMENT
PUBLIC WORKS//WATER LINE INSPECTOR
THAT COMMUNICATION NO 48 CCP MAR 19. 1991 BE RECEIVED AND FILED
AND THE PERMANENT APPOINTMENT OF DONALD J. MALCZEWSKI STATED ABOVE AT THE
MAXIMUM SALARY $24.510.00 EFFECTIVE ON MARCH Il. 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.122
APPOINTMENT
PUBLIC WORKS//SENIOR ENGINEER/STRUCTURAL
THAT COMMUNICATION NO 49 CCP MAR 19. 1991 BE RECEIVED AND FILED
AND THE TEMPORARY APPOINTMENT OF BURKE M. GLASER STATED ABOVE AT THE MAXIMUM
SALARY $36.275.00 EFFECTIVE ON MAR 4, 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.123
APPOINTMENT/DIRECTOR OF DIVISION OF DRUG ABUSE SERVICES (HR)
(Item # 97 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No124
APPOINTMENT
HUMAN RESOURCES//STENOGRAPHER
THAT COMMUNICATION NO 98 CCP MAR 19. 1991 BE RECEIVED AND FILED
AND THE PERMANENT APPOINTMENT OF MAYDA E. DIMAGGIO STATED ABOVE AT THE
INTERMEDIATE SALARY $19.005.00 EFFECTIVE ON MARCH 11. 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.125
APPOINTMENT
HUMAN RESOURCES//COUNSELOR 111
THAT COMMUNICATION NO 99 CCP MAR 19. 1991 BE RECEIVED AND FILED
AND THE PROVISIONAL APPOINTMENT OF ROBERT PARRISH STATED ABOVE AT THE
INTERMEDIATE SALARY $21.021.00 EFFECTIVE ON MARCH 18. 1991 IS HEREBY APPROVED.
PASSED
AYES-13
NOES-0
No.126
CORRECTION OF STARTING SALARY SALVATORE ABBATE, JR. DIVISION OF WATER
Item No. 46, C.C.P. 03/19/91)
That the Comptroller be, and he hereby is, authorized to revise
the starting Salary of Salvatore Abbate, Jr., 74 Gunnell Road, Caulker
(Provisional) Division of Water, from $18,606 per year to Step 2 - $19,395 per
year to reflect the $250 improvement as provided in the Union contract
.PASSED
AYES-13
NOES-0
No.127
NOTICE OF APPOINTMENTS (C.CLERk)
(Item # 108 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
FINANCE COMMITTEE
David A. Collins, Chairman
No.128
PILOT FILED NAMING RIGHTS
AGREEMENT DEFAULTED
(Item No. 130, C.C.P., March 19, 1991)
That the above item be and the same he by is returned to the Common
Council without recommen
Mr. Collins now moved that the above item be and the same hereby is received
and filed.
Adopted
No.129
PILOT AIR FREIGHT
NAMING RIGHTS PAYMENTS
(ITEM NO. 133, C.C.P., MARCH 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above-referenced item be, and the same hereby is, received and
filed.
ADOPTED
No.130
PILOT NAMING RIGHTS PAYMENTS
(Item No. 59, C.c.P., March 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collinsmoved:
That the above-referenced item be, and the same hereby is, received and
filed.
ADOPTED
No.131
PILOT FIELD NAMING RIGHTS
AGREEMENT DATED JUNE 19, 1986
(ITEM NO. 116, c.C.P., MARCH 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. collins moved:
That the above-referenced item be, and the same hereby is, received and
filed.
ADOPTED
No.132
1991-1992 GRANT-IN-AID CONTRACTS
(Item No. 19, C.C.P. 03/19/91)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
Tht the Comptroller be, and he hereby is, authorized to implement the
changes to the boilerplate contract language for the 1991-1992 Grant-In-Aid
contracts which are contained in quotation marks in the above-referenced
communication.
PASSED
AYES-AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES- BAKOS-1
No.133
ARTERIAL MAINTENANCE AGREEMENT
BROADWAY ARTERIAL S. H. 86-8
(ITEM NO. 34, c.c.P., March 19, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Mayor be, and he hereby is, authorized to sign the Arterial
Maintenance Agreement between the City of Buffalo and the New York State
Department of Transportation for Broadway from Oak Street to Fillmore Avenue.
PASSED
AYES-13
NOES-0
No.134
CORNELIUS CREEK PARK - NEW YORK STATE
THRUWAY AUTHORITY OCCUPANCY AGREEMENT
(ITEM NO. 35, C.C.P., March 19, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommenP~ation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
sign the above-referenced Occupancy Agreement and Undertaking permitting the
City of Buffalo to cross Thruway property at the foot of Ontario Street to
install water and sewer lines for Cornelius Park.
PASSED
AYES-13
NOES-0
No.135
PERMISSION TO ENTER INTO CONTRACT WITH
TIBURON/PSW3 FOR COMPUTER-AIDED DISPATCH
RECORDS MANAGEMENT SYSTEM
(Item No. 56, C.C.P. 03/19/91)
That the Commissioner of Police be, and he hereby is, authorized
to enter into a contract with TIBURON/PSW3 in the amount of $656,882, to
provide a Computer-Aided Dispatch Records Management System for the Buffalo
Police Department
.PASSED
AYES-13
NOES-0
No.136
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -EXEMPT ITEMS DIVISION OF HOUSING
AND PROPERTY INSPECTIONS
(Item No. 194, C.C.P. 03/19/91)
That pursuant to Section 42 of the charter and the Certificate
of the Mayor and the Comptroller, the following transfer of funds be, and it
hereby is, approved:
FROM:
100 General Fund
81-9 Exempt Items
842 Reservefor Capital Improvements $117,700
TO:
100 General Fund
24-1 Division of Housing and Property Inspections
085 Capital Outlay
900 - Land & Betterments
Demolition of City-owned Buildings $117,700
PASSED
AYES-13
NOES-0
No.137
TRANSFER OF FUNDS CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT BOARD OF EDOCATtON
(Item No. 195, C.C.P., March 19, 1991)
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$60,000 be and the same is hereby transferred from various accounts in Capital
Projects Fund -Division of Development and said sum is hereby reappropriated a9
set forth below:
FROM:
200 Capital Projects Fund
71-7 - Division of Development
001 - Improve Martin Luther King Park $60,000
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $60,000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $60,000
TO:
299 Capital Projects Fund - Board of Education
97-0 - Board of Education
050 - Construction of Public School Bldgs $60,000
PASSED
AYES-13
NOES-0
No.138
TRANSFER OF FUNDS - 440-410-030 TO GENERAL CITY REVENUE ACCOUNT (Item No. 9,
03/05/91)
That the above be and the same hereby is returned to the Common
Council without recommendation.
Mr. Collins, now moved that:
That pursuant to the recommendation of the Board of Parking and the
Directors of Buffalo Civic Auto Ramps, Inc., the sum of $384,915.00 be, and the
same hereby is, transferred from the Maintenance Reserve Account Number
440-410-030 to General City Revenue Accounts to help meet the debt service of
the new Eagle Parking Ramp
.PASSED
AYES-13
NOES-0
No.139
TRANSFER OF FUNDS/DEBT SERVICE/EAGLE RAMP
(Item # 64 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.140
BENNETT BEACH/SNYDER CORP. LEASE (PW)
(Item # 33 CCP MAR 19., 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.141
EXPENSES FOR MAINTENANCE/BENNETT BEACH(#85 5/8)
(Item # 217 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.142
BENNETT BEACH PARK(#156 5/22) (Item # 218 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.143
TAX STATUS/BENNETT BEACH(#46 7/3)
(Item # 219 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.144
C. FERRIGNO/OPPOSE PRIVATE OWNERSHIP/
BENNETT BEACH
(Item # 113 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.145
PERMISSION TO NEGOTIATE LEASE FOR PARKING
PRECINCT 5
(Item No. 19, 02/19/91)
That the Comptroller be, and he hereby is, authorized to negotiate
a lease with the owner of 313 West Ferry Inc. for the parking of police
vehicles in the parking lot adjacent to Precinct 5.
AD0PTED
No.146
PERMISSION TO NEGOTIATE LEASE FOR PARKING/
PRECINCT 5(CC)
(Item # 63 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.147
NEGOTIATE PARKING LEASE/PRECINCT # 5 (A&F)
(Item # 74 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.148
RESULT OF NEGOTIATIONS 57 SWEENEY
W 189.87' S BEST
LOT SIZE: 30' x 130'
(ITEM NO. 23, C.C.P., January 8, 1991)
That the communication from the Comptroller, Division of Real
Estate, dated March 19, 1991, be received and filed; and
That the offer of David Sokol of 61 Sweeney Street, Buffalo, New York, in
the sum of Nine Hundred ($900.00) Dollars to purchase the property commonly
described as 57 Sweeney, W 189.87' S Best, Lot Size:30' x 130', be, and hereby
is accepted; and
That the appraisal report requested by the City will be paid by the purchaser;
and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authoriz d to deliver the same in accordance with the terms
of sale upon which the bid was submitted
.PASSED
AYES-13
NOES-0
No.149
RESCIND SALE/1632 GENESEE ST. (ICR)
(Item # 91 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.150
NFTA/INTEREST TO PURCHASE PROPERTY/ADJ. MAINTENANCE GARAGE
(Item # 101 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.151
NFTA ACQUISITION OF PROPERTY FOR COLD SPRING BUS GARAGE
(Item # 65 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED AND FILED.
ADOPTED
No.152
NFTA/INTEREST IN PURCHASING GARAGE (CD)
(Item # 83 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.153
SALE OF USED VOTING MACHINES FROM BOARD OF ELECTIONS (Item No. 100, C.C.P.
03/19/91)
That the above item be and hereby is returned to the Common Council
without recommendation.
Mr. Collins now moved that:
That the Division of Purchase be, and it hereby is, authorized to sell
twenty-four (24) used voting machines to Springville-Griffiths Institute, the
Cattaragus County Board of Elections and United Auto Workers Local 846, for the
amounts of their respective bids, as reported in the above-referenced
communication, and that the Division of Purchase further be, and it hereby is,
directed to readvertise the remaining voting machines, with advertisements to
be sent to each of the County Boards of Elections in New York State.
PASSED
AYES-13
NOES-0
No.154
T.FRANCZYK/OFFER TO PURCHASE FILE CABINET
(Item # 98 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.155
K. MCKEAGUE/OFFER TO PURCHASE DESKS/CHAIRS
(Item # 100 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.156
BLAINE BLOCK CLUB
CITY MAINTENANCE AT 51 OAKGROVE PARK
Item # 72 CCP FEB 5, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.157
MID-BLAINE BLOCK CLUB/51 OAKGROVE AS PARK (CC)
(Item # 56 CCP FEB 19, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.158
BLAINE BLOCK CLUB/MAINTENANCE 51 OAKGROVE AS PARK (PARKS)
(Item # 51 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
NO.159
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
(Item No. 202, C.C.P., 3/5/91)
That the above Ordinance Amendment as contained in Item No. 202,
C.C.P., March 5, 1991 be and the same hereby is approved
.PASSED
AYES-13
NOES-0
No.160
ORDINANCE AMENDMENT/PRESERVATION FEES (CD)
(Item # 82 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.161
REPORT OF EMERGENCY DEMOLITION - 536 W. FERRY (Item No. 88, C.C.P., March 19,
1991)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
MR. Collinsmoved:
That the award of an emergency demolition contract for 536 W. Ferry
Street to Integrated Waste Sepcial Services by the Commissioner of Inspections
and Community Revitalization be, and the same hereby is, ratified, confirmed
and approved and that the Comptroller be, and he hereby is, authorized to pay
the sum of $42,320.00 to Integrated Waste Special Services, with the cost of
the project to be charged to the Special Assessment Fund []500-000-002-00000
and collected against the owner or person in possession benefitted, under the
provisions of Chapter 113 of the Ordinances.
PASSED
AYES-AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES-ARTHUR-1
No.162
IRRESPONSIBLE BIDDER/MECCA KENDAL (PW)
(Item # 209 CCP JAN 22, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.163
IRRESPONSIBLE BIDDER/MECCA KENDAL (PW)
(Item # 34 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.164
UNITED PARENTS - LEGISLATION PERMITTING
DORMITORY AUTHORITY TO CONSTRUCT CITY SCHOOLS
(Item. No. 123, C.C.P. 2/19/91)
That this Council hereby memorializes the New York State Legislature
to enact legislation contained in Gov. Mario M. Cuomo's "Message to the
Legislature" dated January 9, 1991, which would authorize the New York State
Dormitory Authority to finance the construction of new school buildings and
facilities for the Buffalo Public Schools
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS-12
NOES-RUTECKI-1
No.165
DORMITORY AUTHORITY/FINANCING SCHOOLS (COMPT)
(Item # 23 CCP MAR 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
LEGISLATION COMMITTEE
Alfred T. Coppola, Chairman
No.166
OLD FIRST WARD GROUP, INC., OWNER - PETITION TO
USE 408-440 SOUTH PARK AVENUE FOR A POLE SIGN
(ITEM NO. 123, C.C.P., March 19, 1991)
That after a hearing held by the Committee on Legislation on March
19, 1991, the petition of the Old First ward Group, Inc., to place a pole sign
at 408-440 South Park Avenue, be and hereby is approved.
Passed
AYES13
NOES-0
No.167
LANDMARK DESIGNATION/2421 MAIN (PRS BD)
(Item # 14 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA-11
NOES-PITTS, RUTECKI-2
No.-168
W. GACLOCH/OPPOSE LANDMARK DESIGNATION
2421 MAIN ST
(Item # 114 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.169
T 3'S STEAK HOAGIE OF BUFFALO, INC., TENANT
PETITION TO USE 1335 HERTEL AVE. FOR OUTDOOR CAFE
(ITEM NO. 108, C.C.P., March 5, 1991)
That after a public hearing held before the Committee on Legislation
on March 5, 1991, the petition of T 3's Steak Hoagie of Buffalo, Inc., to place
an outdoor cafe at 1335 Hertel Avenue, be and the same hereby is approved on
the following condititions:
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 Ordinance.
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.
Passed
AYES-13
NOES-0
No.170
PROPOSED AWNING - ELLICOTT SQUARE BUILDING - ATRIUM FLORIST (Item No. 80,
C.C.P. 02/05/91)
That the appeal to this Common Council from the decision of the Buffalo
Preservation Board denying an application for approval of the installation of a
single 3 foot aging in front of the Atrium Florist Shop on Main Street be, and
the same hereby is, granted in all respects, and the application for said aging
permit be, and the same hereby is, approved.
PASSED
AYES-13
NOES-0
No.171
ELLICOTT SQUARE CORPORATION/ATRIUM AWNING
(Item # 112 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.172
PERMISSION TO INSTALL SIDEWALK CAFE
AT 1341 HERTEL AVENUE
(ITEM NO. 46, C.C.P., MARCH 5, 1991)
That after a public hearing held before the Committee on Legislation
on March 5, 1991, the petition of Constance M. Brunn, owner of T.J. 's Steak
Hoagy, to install a sidewalk cafe at 1341 Hertel Avenue, be and the same hereby
is approved, on the following conditions:
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 IS to April l 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 Ordinance.
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.
Passed
AYES-13
NOES-0
No.173
PERMISSION TO INSTALL A SIDEWALK CAFE
AT 2495 MAIN STREET
(Item No. 44, C.C.P., March 19, 1991)
That the Commissioner of Public Works be, and he hereby is authorized
to issue a "mere license" to Vito Buscemi, owner of Vito's Market & Gourmet
Deli, located at 2495 Main Street, to install a sidewalk cafe encroaching on
the City right-of-way at said address, providing 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 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 extend more than nine (9) feet from the
building face or exceed sixty-five (65) feet in length.
4. That no portion of the cafe be permanent in nature or permanently affixed
to the main building or public sidewalk.
5. That, after installation, a minimum of eight (8) feet of public sidewalk
exists between said sidewalk cafe and the east curbline of Main Street.
6. That the applicant be assessed the annual fee of one dollar per square
foot of city right-of-way occupied by said 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 witn 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 cafe.
PASSED
AYES-13
NOES-0
No.174
PERMISSION TO INSTALL A SIDEWALK CAFE AT 91 NIAGARA
(Item No. 45, C.C.P., March 19, 1991)
That the Commissioner of Public Works be, and he hereby is authorized
to issue a "mere license" to Joseph Augello, owner of 91 Niagara Street, to
install a sidewalk cafe encroaching on the City right-of-way at said address,
providing 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 cafe be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That no portion of the cafe encroaches upon the existing public sidewalk.
4. That no portion of the cafe be permanent in nature or permanently affixed
to the main building or public sidewalk.
5. That the applicant be assessed the annual fee of one dollar per square
foot of city right-of-way occupied by said cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Charter.
6. 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 cafe.
PASSED
AYES-13
NOES-0
No.175
ORDINANCE AMENDMENT - CHAPTER 6, SECTION 29 -POWERS AND DUTIES
(Item No. 159, C.C.P. 02/19/91)
That the above item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Fahey now moved that:
That the above-referenced Ordinance Amendment, adding a new paragraph (5)
to Chapter 6, Section 29 of the Code of the City of Buffalo be, and it hereby
is, enacted.
PASSED
AYES-AMOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-8
NOES-ARTHUR, BAKOS, COLLINS, COPPOLA, PITTS-5
No.176
ORDINANCE AMENDMENT/POWERS/DUTIES (CC)
(Item # 67 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.177
ORDINANCE AMENDMENT
CHAPTER 12, SECTION 21 - CODE OF ETHICS
(ITEM NO. 190, C.C.P., MARCH 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
Adopted
No.178
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
(Item No. 204, C.C.P., March 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
Adopted
No.179
ORDINANCE AMENDMENT
CHAPTER 263,SECTION 8 - OTHER
COMBUSTIBLE MATERIALS
(Item No. 203, C.C.P., March 19, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. Coppola now moved that the ordinance amendment as contained in Item 203,
C.C.P., March 19, 1991 be and the same is hereby approved.
PASSED.
AYES-13
NOES-0
No.180
ORDINANCE AMENDMENT/LOW INCOME HOUSING (ASSMT)
(Item # 28 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.181
LOW INCOME HOUSING TAX EXEMPTION (CD)
(Item # 51 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.182
ORDINANCE AMENDMENT/LOW INCOME HOUSING (ICR)
(Item # 67 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.183
ORDINANCE AMENDMENT/CH 343 PUBLIC PLACES
(Item # 163 CCP DEC 26, 1990)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.184
J. RUDNICK & OTHERS
OPPOSE CURFEW LAW
(Item # 126 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.185
VENDING MACHINE OPERATORS/OPPOSE BAN TOBACCO PRODUCTS
(Item # 121 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.186
POLICE DEPARTMENT REORGANIZATION (Item No. 198, C.C.P., 2/5/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to receive and file the above item
. Adopted.
No.187
EXPAND COMMUNITY CENTER HOURS (PARKS)
(Item # 43 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.188
COSTS FOR EXPANDING YOUTH CENTER HOURS (HR)
(Item # 70 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
No.189
OPPOSE EXTENDING COMMUNITY CENTER HOURS (HR)
(Item # 71 CCP 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED.
ADOPTED
ECONOMIC DEVELOPMENT COMMITTEE
Clifford Bell, Chairman
No.190
BERGERS FINANCIAL PROBLEMS (CD)
(Item # 52 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.191
DDI /BERGERS LOAN STATUS
(Item # 78 CCP FEB 5, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
ADOPTED
No.192
HUD/BERGERS LOAN STATUS
(Item # 6 CCP FEB 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.193
BERGERS FINANCIAL PROBLEMS (CD)
(Item # 86 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.194
U.R. PROGRAM PLAN SUPPLEMENT (CPBD)
(Item # 13 CCP MAR 19, 1991)
THAT THE ABOVE MENTIONED ITEM BE AND THE SAME IS HEREBY RECEIVED
AND FILED
.ADOPTED
No.195
KINGSLEY PARK INACTIVE HAZARDOUS WASTE
DISPOSAL SITE # 915124
(Item No. 183, C.C.P. 3/19/91 )
That the above-referenced item be returned to the Common Council
without recommendation.
Mr. Bell now moved that the above be and the same is hereby received and
filed.
Adopted
No.196
KINGSLEY PARK INACTIVE HAZARDOUS WASTE SITE
(Item No. 87, 03/19/91)
That the above-referenced item be returned to the full Council
without recommendation.
Mr. Bell moved:
That the above referenced item be, and the same hereby is, received and
filed.
ADOPTED
RESOLUTIONS
No.197
BY: MR. ARTHUR
REQUEST REPORTS - STATUS HURD BOND ISSUE
WHEREAS: The Comptroller and the Department of Administration
and Finance of the city of Buffalo have been in consultation with
representatives of the state of New York concerning a $23 million bond issue to
help Buffalo repay its Hurd non-judgment creditors; and
WHEREAS: The Common Council on May 22nd, 1990 (C.C.P. # 137) established a
payment date of April l, 1991 for all valid claims by non-judgment creditors.
NOW THEREFORE BE IT RESOLVED THAT: This Common Council does hereby request
reports from the Comptroller and the Commissioner of Administration and Finance
concerning the status of the $23 million Hurd Refund bond issue.
Referred to the Committee on Finance, the Comptroller and the Commissioner of
Adminstration and Finance.
No.198
BY:MR. ARTHUR
Horizon's Waterfront CommissionReappointment.
WHEREAS: James William Harrington, Jr. has exercised his strong
background in industry, economics and foreign direct investment to insure a
positive presence on the Horizon Waterfront Commission as it considers the
implications of these factors for regional econmic development.
NOW, THEREFORE, BE IT RESOLVED THAT:
James W. Harrington, Jr. be reappointed as the Council's Representative on the
Horizon's Waterfront Commission for a term ending March 2, 1994.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.199
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
CIVIL SERVICE COMMISSION
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
$900 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $900
TO:
100 General Fund
05-0 - Civil Service Commission
085 - Capital Outlay
982 - Operating Equipment
Data Processing Equipment $900
PASSED
AYES-13
NOES-0
No.200
BY:MR. COLLINS
MEMORIALIZE STATE-INCREASE
FINES FOR OFFENDERS OF PENAL
LAW, SECTION 260.20 AND GENERAL
BUSINESS LAW SECTION 399-e
WHEREAS: In 1965 New York State passed a law banning the sale of
cigarettes to persons under 18 years of age. New York State Penal Law Section
260.20 .. "Unlawfully dealing with a child," states that a person Is guilty of
unlawfully dealing with a child when a person sells or causes tobacco to be
sold in any form to a child less than 18 years of age; and
WHEREAS: Unlawful dealing with a child is a Class B misdemeanor. A Class B
misdemeanor is presently punishable by imprisonment of no ire than 3 inths,
and/or a fine of no ire than $500.00; and
WHEREAS: New York State Law also requires businesses that sell tobacco to
post a sign stating, "SALE OF CIGARETTES OR OTHER TOBACCO PRODUCTS TO PERSONS
UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW" (General Business Law,
Section 399-e); and
WHEREAS: Any violation of Section 399-e presently Is punishable with a fine
of not ire than one hundred dollars on the first violation and two hundred
fifty dollars on the second and all subsequent violations; and
WHEREAS: Nationally each day 3000 minors begin smoking. Studies show that
the vast majority of smokers started siking before they were 18 years old.
[United States Department of Wealth and Human Services, Siklng and Health: A
National Status Report (1986)]; and
WHEREAS: Despite New York State Laws prohibiting the sale of tobacco
products to minors, children continue to have access to tobacco, because
tobacco marketing practices make cigarettes widely available to children and
encourage them to sike. Present punishment for violations have by no means
deterred businesses from selling tobacco to minors. Merchants locally are even
selling cigarettes Individually to minors at a cost upward of $.25 each; and
WHEREAS: Allowing a parent or guardian of a minor the authority to submit
complaints detailing violations of the law should be considered, and where a
fine results from such a complaint, a portion of the penalty could be rewarded
to the parent or to a local anti-tobacco use effort; and
WHEREAS: Higher penalties will deter sale and distribution of tobacco to
minors and the potential of a business having their licenses revoked will send
a message that violations of the laws will no longer be tolerated;
WHEREAS: The Governor's Adolescent Tobacco-Use Prevention Act provides for
an increase in fines up to $300.00 for the first violation and $1,000.00 for
subsequent violations, and the suspension of the registration of tobacco
product dealers convicted of repeated violations; and
NOW, THEREFORE BE IT RESOLVED:
That this Honorable Body memorialize the State Legislature in support of the
Governor's Adolescent Tobacco Use Prevention Act; and
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby Is directed to forward a certified copy of
this resolution to the Clerk of the New York State Assembly, Secretary of the
Senate, and members of the Western New York delegation to the New York State
Legislature
.ADOPTED
No.201
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 483, SECTION 13 - VENDING MACHINES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Section 13 of Chapter 483 of the Code of the City of Buffalo
be added to read as follows:
483-13. Distribution of tobacco products through
vending machines in public places.
A. Definitions.
DISTRIBUTION - Means to give, sell, deliver, dispense, issue, offer to give,
sell, deliver, dispense or issue, or cause or hire any person to give, sell,
deliver1 dispense, issue or offer to give, sell, deliver, dispense or issue.
PERSON - Means any natural person, corporation, partnership, firm, organization
or other legal entity.
PUBLIC PLACE - Means any area to which the public is invited or permitted.
TAVERN - Means an establishment where alcoholic beverages are sold for on-site
consumption and in which the service of food, if served at all, is incidental
to the sale of such beverages, except for a bar located in hotel or motel.
Examples of public places not deemed to be taverns within the definition of
this paragraph include, but are not limited to, restaurants that do not have
licenses to serve spirits, catering halls, bowling alleys, billiard parlors,
roller rinks, pizzerias, laundromats, game rooms and gas stations, malls,
convenient stores, hotel or motel lobbies, schools, amusement, entertainment
and recreational facilities.
RESTAURANT - Means a food service establishment open to the general public
which is licensed for the sale of spirits
TOBACCO PRODUCT - Means any substance which contains tobacco, including but not
limited to cigarettes, cigars, smoking tobacco and smokeless tobacco.
VENDING MACHINE - Means any mechanical, electronic or other similar device
which dispenses tobacco products.
B. Distribution of tobacco products through vending machines.
No person shall permit the distribution of a tobacco product through the
operation of a vending machine in a public place. This prohibition shall not
apply to the distribution of tobacco products in a tavern, restaurant, bar
within a hotel or motel or businesses where vending machines are strictly for
the use of employees of businesses located at such premises.
C. Distribution of tobacco products in a tavern and restaurants
through vending machines.
Notwithstanding the foregoing, tobacco products may be distributed in
taverns in the following ways:
1. Through a vending machine which must be:
(a) placed at a distance of a minimum of 25 feet from any entrance\exit to the
premises
(b) directly visible by the owner of the premises, or his or her employee or
agent, during the operation of such vending machine.
D. Identification of vending machine.
A wholesale dealer, retail dealer, lessee or owner of each vending
machine shall post a durable sign on any vending machine which such dealer or
owner is licensed to own, operate or maintain. Such sign shall be visible to
the general public and provide the applicable cigarette license number and
expiration date and the license holder's name, place of business, phone number
and license number issued to owner by the director of Licenses and Permits.
Each tobacco vending machine shall post in a conspicuous place a sign upon
which there shall be imprinted the following statement, "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS TO PERSONS
UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed
on a white card in red letters at least one inch in height.
E. ENFORCEMENT.
The Division of Licenses of the Department of Public Works shall enforce
the provisions of this section. In additio,, designated enforcement employees
of the Division of Housing and Property Inspections, Department of Police and
the Department of Fire shall have the power to enforce the provisions of this
section.
F. VIOLATIONS AND PENALTIES.
(l) Any person, firm, partnership, company or corporation found to be in
violation of this section shall be liable for a civil penalty of not more than
three hundred dollars for the first violation; not more than five hundred
dollars for the second violation,. and not more than one thousand dollars for
the third and all subsequent violations. In addition, for the third and all
subsequent violations, any person found to be in violation of this section
shall be subject to the suspension of his or her tobacco vending license, for a
period not to exceed one year, after notice and the opportunity for a hearing
before the Director of Licenses. The department shall promptly give written
notice to the owners identified on the tobacco vending machine of any such
violations by an owner of a premises, or his or her employee or agent. For
purpose of this section, such notice shall be prima facie evidence that the
owner of the vending machine not within the codes has knowledge of violations.
(2) The penalties provided by this ordinance shall be in addition to any
other penalty imposed by any other provision of law or regulation thereunder.
APPROVED AS TO FORM
Michael B. Risman, Sr. Deputy Corporation Counsel
Referred to the Committee on Legislation and the Western New York Innkeepers
Association
No.202
BY:MR. COLLINS
AUTHORIZE THE MAYOR TO EXECUTE CONSENT ORDER TO CLEAN UP KINGSLEY
PARK HAZARDOUS WASTES
WHEREAS: An order on consent has been negotiated between the us
Department of Conservation (DEC) and the City of Buffalo regarding the
remediation of the Kingsley Park hazardous waste site (9-15-124); and
WHEREAS: Under this consent order the City will be responsible for 25% of
the cleanup costs for the city-owned park and New York State will be
responsible for 75% of the costs of cleaning up the park and 100% of the costs
of cleaning up adjacent private properties; and
WHEREAS: The removal of hazardous wastes from this neighborhood is long
overdue and recent actions by the NYSDEC to hasten the cleanup process are
commendable and fully supported by the Common Council; and
WHEREAS: While desiring a rapid cleanup, this Council remains concerned
about several issues which have been identified by neighborhood residents;
NOW, THEREFORE BE IT RESOLVED THAT:
This Colon Council hereby authorizes the Mayor to execute the consent order
(Communication 66, C.C.P. -March 5, 1991) contingent upon the necessary funding
for the project being in place; and
BE IT FURTHER RESOLVED THAT:
This Council urges that provisions in the consent order for establishing a
citizen participation program for the site be carried out with special
attention; and
BE ITFEURTHER RESOLVED THAT:
This Common Council urges both the Mayor and the DEC to insure that the final
remedial action includes the following -
l) Cleanup of all soils identified through testing as
having lead levels higher than the normal maximum background level of 200 parts
per million. Under current plans, several areas which have been identified as
being cotaminated with levels between 200 and 2,260 parts per million of lead
will be left untreated;
2) Monitoring of soil lead and arsenic levels yearly
for at least five years after remediation. Current plans appear to call only
for the monitoring of groundwater from the Park.
3) Further extensive health testing for those who have been exposed to
contaminants in order to resolve as definitively as possible whether or not the
hazardous wastes have had any health impacts on the park's neighbors. Tests
done to date have not been adequate to make such a determination;
4) Detailed health and safety measures for neighbors of the park while
remediation takes place. Each neighbor should receive a written evaluation of
the health risks presented by the remediation including potential exposure
routes, symptoms to be aware of, projected ambient air levels of contaminants,
projected migration levels of contaminants and an explanation of safety
precautions being taken by the DEC and its contractors
BE IT FINALLY RESOLVED THAT:
This Common Council directs the City Clerk to send a certified copy of this
resolution to the NYSDEC.
Mr. Collins moved to separate the above item and approve items 1 and 2 and
refer items 3 and 4 to the Committee on Finance.
Seconded by Mr. Coppola.
Adopted
No.203
BY:MR. COLLINS
Pilot Field Naming Agreement
WHEREAS, a determination has been made that there are substantial
reasons for the City of Buffalo to terminate the agreement between the City of
Buffalo and Pilot Air Freight relating to the naming of the City's downtown
baseball stadium;
NOW, THEREFORE, BE IT RESOLVED THAT:
The Corporation Counsel is hereby authorized and directed to take such
actions as are necessary or desirable to terminate the abovereferenced
agreement in accordance therewith and applicable law or to otherwise enforce
the City's rights under such agreement; and
The Corporation Counsel is further authorized to take such additional
actions as may be appropriate to protect the interests of the City in
connection therewith.
Mr. Pitts moved as an amendment to add the following:
That the previously proposed escrow agreement proposed by Pilot Freight and the
former Corporation Counsel is not an option.
Seconded by Mr. Bell
Adopted.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PITTS,
RUTECKI-10
NOES- BAKOS, FAHEY, PERLA-3
Mr. Collins now moved approval of the item as amended; seconded by Mr. Pitts.
Passed
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI-10
NOES- BAKOS, FAHEY, PITTS-3
No.204
BY:MR. COPPOLA
APPROVE EARLY RETIREMENT
FOR ELIGIBLE MUNICIPAL EMPLOYEES
WHEREAS: Chapter 935 of the Laws of 1990 provide a means of early
retirement for those employees enrolled in the New York State Retirement
System; and
WHEREAS: The New York State Retirement Incentive consists of two components:
a Retirement Incentive for those members already eligible to retire, and an
Early Retirement Incentive for members with ten or more years of service, at
least 50 years of age, and who would not have othervise been eligible to
retire; and
WHEREAS: This option can only become available to municipal employees of the
City of Buffalo by action of the Common Council and the Mayor in creating a
local law for this purpose; and
WHEREAS: This local law would by its passage provide early retirement which,
in the past, has proven to be an effective cost cutting tool benefiting the
municipality as well as the worker.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council directs the Corporation Counsel to draft a local law which
would enable eligible City of Buffalo municipal employees to participate in an
early retirement option; and
BE IT FURTHER RESOLVED THAT
This Common Council requests that the Comptroller and the Director of Labor
Relations submit for review cost and benefit analyses relevant to this proposed
local law; and
BE IT FINALLY RESOLVED THAT
This Common Council requests that the Presidents of the labor unions whose
membership may avail themselves of this option forward their comments to this
body on this proposed local law for consideration.
ADOPTED
No.205
BY:MR. COPPOLA
REQUEST APPEARANCE OF THOMAS P. CLEARY BEFORE COMMON COUNCIL
WHEREAS: The mayor hired an outside attorney, Thomas P. Cleary.
to investigate the softball scandal; and
WHEREAS: Mr. Cleary has filed a claim for $35,239.23 for professional
services rendered during this investigation; and
WHEREAS: Council members were not given an itemized statement of the
services rendered until the Claims Committee meeting held Tuesday, March 26,
1991; and
WHEREAS: A written report of Mr. Cleary's findings did not accompany the
claim or itemized statement; and
WHEREAS: Council members posed numerous questions during the Claims
Committee meeting which could not be answered by Corporation Counsel.
NOW THEREFORE BE IT RESOLVED THAT
Thomas P. Cleary appear before this Common Council to -plain his itemized
statement and, in the interim, supply this body with a copy of the final report
of his findings
ADOPTED
No.206
BY:MR. COPPOLA
REQUEST APPOINTMENT OF CORPORATION COUNSEL AS MANDATED BY CITY
CHARTER
WHEREAS: With the naming of Samuel F. Houston to fill the city
court position vacated by the untimely passing of Judge Ramunno, the position
of corporation counsel is now vacant; and
WHEREAS: Article l6 Sec. 303 of the Charter states: "In the event of the
death of the corporation counsel, or a vacancy in that office, either of such
deputy corporation counsels as shall be designated by the mayor shall act as
corporation counsel until the appointment and qualification of a corporation
counsel"; and
WHEREAS: R. Peter Morrow was named deputy corporation counsel by the mayor
and is now serving in the capacity of acting corporation counsel; and
WHEREAS: There is no budget line for deputy corporation counsel although
there are budget lines for assistant and senior deputy corporation counsel; and
WHEREAS: Just as the Parks Department should have a Commissioner, the
Department of Law should have a Corporation Counsel.
NOW THEREFOR BE IT RESOLVED THAT
This Common Council go on record as opposing the naming of an acting
corporation counsel and requests that the mayor act according to Article 16
Sec. 301 by appointing a corporation counsel subject to approval by this body.
BE IT FURTHER RESOLVED THAT
The Comptroller be requested to inform this Common Council under what budget
line the acting corporation counsel will be paid as there is no budget line
designated for deputy corporation counsel.
Referred to the Committee on Legislation and the Corporation Counsel
No.207
BY:MR. COPPOLA
REQUEST INVESTIGATION BY
BOARD OF ETHICS
WHEREAS: One of the reasons the Board of Ethics was established
was to review any complaints about the conduct of city officials; and
WHEREAS: The recent six-count indictment handed down by the Federal Grand
Jury following the recent Parks Department probe names city officials and
members of the families of city officials who received goods and services
supplied by the Parks Department and some of its employees; and
WHEREAS: It is quite possible that the following sections of the Buffalo
Code of Ethics were violated:
Sec. 12-Il. Gifts and Financial Benefits
"No city officer or employee shall directly or indirectly solicit, accept or
receive any gift or financial benefit from or on behalf of any person or
organization that is pending or is known by such city officer or employee ...
over which he or she has any jurisdiction or appointing power."
Sec. 12-l4. Abuse of Position
"No city officer or employee shall use or attempt to use his or her official
position to secure unwarranted benefits, privileges or exemptions for himself
or herself or for others."
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Board of Ethics examine the circumstances
surrounding the recent six-count federal indictment following the Parks
Department probe which names city officials and members of the families of city
officials to determine if the Code of Ethics has been violated and what course
of action should be taken.
Referred to the Committee on Legislation, the Board of Ethics and the
Corporation Counsel.
No.208
BY:MR. FAHEY
Home Rule Message-Assembly Bill A-6717 Senate Bill 5-4133 - An
Act to Amend the Local Finance Law, in relation to the Sale of Bonds and Notes
of the City of Buffalo
WHEREAS: There has been introduced in the State Legislature Assembly
Bill A-6717 and Senate Bill 5-4133; and
WHEREAS: Said bill is an act to amend the local finance law in relation to
the sale of bonds and notes of the city of Buffalo; and
WHEREAS: Legislation which facilitates the marketing of any issue of serial
bonds or notes of the city subject to existing law and approval by the state
comptroller of the terms and conditions of such sale will expire on June 30,
1991. This amendment extends the existing legislation through June 30, 1992.
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo hereby requests the enactment into law of Assembly
Bill A-6717 and Senate Bill 5-4133, "An Act to Amend the Local Finance Law, in
Relation to the Sale of Bonds and Notes of 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
No.209
BY: MR. FAHEY
Request Plans and Specs for Animal Shelter
WHEREAS, On October16, 1990 this Common Council approved
a bond resolution authorizing the issuance of a $405,000 general improvement
serial bond and the provision of $25,000 in current funds as a down
payment to finance the cost of the acquisition of land and a building at
380 N. Oak Street for use as the City animal shelter; and
WHEREAS, Acquisition should begin immediately at a cost of $325,000; and
WHEREAS, The Humane Society of the United States (HSUS) has provided the
City with standards and guidelines for animal shelters and these standards
should be used in the design and rehabilitation of the building at 380 N. Oak
Street; and
NOW, THEREFORE BE IT RESOLVED:
That
this
Common Council requests that the plans
and
specifications for the rehab of 380 N. Oak Street begin to be
developed in accordance with the HSUS guidelines; and
BE IT FURTHER RESOLVED:
That this Honorable Body requests that the Department of Public Works report to
the Common Council on design consultants within 30 days.
ADOPTED
No.210
BY: MR. FAHEY
HOME RULE MESSAGE - ASSEMBLY BILL #4042 SENATE BILL #2679 AN ACT
AUTHORIZING THE CITY OF BUFFALO TO ABANDON AND DISCONTINUE THE USE FOR PARK
PURPOSES CERTAIN LANDS HERETOFORE DEDICATED TO PARK PURPOSES.
WHEREAS ,There has been introduced into the State Legislature
Assembly
Bill #4042 and Senate Bill #2679; and
WHEREAS, The purpose of said bill is to permit the City of Buf falo to
abandon and discontinue for park use certain Iands located on Sidway
street in the City of Buffalo, commonly known as Sullivan Park; and
WHEREAS, This Common Council has previously memorialized the
State Legislature to introduce this Bill, in order that the City may use
the aforesaid landsas replacement sites for new housing project
HTF-88-B-0148; now therefore be it
RESOLVED, that the City of Buffalo hereby requests the enactment into law of
Assembly Bill #4042 and Senate Bill #2679, "An Act authorizing the City of
Buffalo to abandon and discontinue the use for park purposes certain lands
heretofore dedicated for park purposes"; 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.
Referred to the Committee on Economic Development, Commissioner of Inspections
and Community Revitalization and the Corporation Counsel
No.211
BY: MR. FAHEY AND PERLA
ESTABLISH COMMISSION ON
POLICE REORGANIZATION
WHEREAS: On March 19, 1991 this Coion Council approved a proposal
by Council Member Carl A. Peria, Jr. to establish a joint Commission to study a
possible reorganization of the Buffalo Police Department; and
WHEREAS: On March 25, 1991 the Council met Informally and agreed to some
refinements of the Coiission as originally proposed;
NOW, THEREFORE BE IT RESOLVED:
That the Commission on Police Reorganization be comprised of the following:
5 members appointed by the Council:
* Council President George K. Arthur
* Council Member at Large Clifford Bell
* Council Member at Large Eugene Fahey
* Council Member at Large Rosemarie LoTempio
* Michael C. Trlmboli, Esq.
20 Black Friars Yd.
Buffalo, NY 14222, and
5 members appointed by the Mayor, to include at least one private citizen, and
1 member appointed by the Police Benevolent Association; and
BE IT FURTHER RESOLVED :
That this Commission shall develop a Citizen's participation plan prior
to any final reorganization plan and
BE IT FURTHER RESOLVED:
That this Commission meet every Thursday at 4:00 pm. in City Hall, Room
1417 beginning on April 11, 1991; and
BE FINALLY RESOLVED:
That this Commission report back to this Honorable Body with its findings
and recommendations on or before July 1, 1991.
Adopted
* Arthur & Collins in the negative on the Appoinement of Michael Trimboli
only.
No.212
By Messrs Fahey and Higgins
SET PUBLIC HEARING:
PROPOSED- LAND DISPOSITION AGREEMENT FOR
FILLMORE-SOUTH NEW HOUSING PROJECT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, Apex Development and Construction, Co. and/or other legal
entity to be formed (herein referred to as the 5~edeveloper") has been duly
designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the flAgencyff); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of five (5) residential units of new
housing known as the Fillmore-South New Housing Project in the Community Wide
Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by tee Agency
to this Common Council for action, pursuant to Section 501, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the 5General Municipal Law5 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 5Notice of Hearing" in the Buffalo News, no later than the
5th day of April 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said 5Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 16th day of April 1991.
ADOPTED
No.213
By Messrs Fahey and Collins
SET PUBLIC HEARING:PROPOSED LAND DISPOSITION AGREEMENT FOR MASTEN
NEW HOUSING PROJECT PHASE lID COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, Huber Construction, Inc. and/or other legal entity to
be formed (herein referred to as the 5Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency");and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of six (6) residential units of new
housing known as the Masten New Housing Project Phase lID 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 5General Municipal Law5 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 5Notice of Hearing5 in the Buffalo News, no later than the
5th day of April 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said 5Notice of Hearing5 at 2:00 o'clock p.m.in the Council Chambers
on the 16th day of April 1991.
ADOPTED
No.214
BY:MR. FRANCZYK
FORGIVE INTEREST CHARGES FOR PROPERTY TAX FOR SO SWINBURNE STREET
WHEREAS: Sgt. Edward S. Pluta, owner of SO Swinburne Street, has
served with the U.S. Airforce in Operation Desert Storm; and,
WHEREAS: The city tax balance due on Mr. Pluta's property, which is his
prime place of residence, is $299.96. Mr. Pluta was unable to pay the bill on
its due date, thus resulting in a $30.00 interest penalty; and;
WHEREAS: Mr. Pluta's elderly mother appeared in City Hall in order to pay
the principal, but was informed that the money would not be accepted without
the interest penalty;
NOW THEREFORE BE IT RESOLVED:
That this Common Council authorize the acceptance of of $299.96 in property tax
payments for SO Swinbure Street with a forgiveness of the $30.00 penalty,
particularly in light of the fact that the property owner continues to serve in
the Middle East
.PASSED
No.215
BY:MR. HIGGINS
PERMISSION TO PLACE PROMOTIONAL SIGN ON CITY PROPERTY FOR APRIL
6 FUNDRAISER TO BENEFIT SUDDEN INFANT DEATH SYNDROME RESEARCH
WHEREAS: The Andrew J. Schmidt Foundation was established in 1988
to fund research and evaluation programs at Children1s Hospital for the
prevention of Sudden Infant Death Syndrome(SIDS); and
WHEREAS: The Third Annual Foundation fund-raiser is set for Saturday, April
6 from 8-midnight at the Downtown American Legion Post 164, 1770 South Park
Avenue; and
WHEREAS: In an effort to inform the public and promote attendance at this
very worthy benef it, the fund-raising committee has asked to place promotional
signs on City property at the Mcffinley Circle near Red Jacket Parkway; and
NOW THEREFORE BE IT RESOLVED:
This Common Council grant permission for placement of the signs with the
understanding the committee promptly remove them on April 7; and
BE IT FURTHER RESOLVED:
This Honorable Body extends its appreciation to the Schmidt Foundation for
their fine work in funding research and purchasing needed eguipment for the
prevention of Sudden Infant Death Syndrome.
PASSED
AYES-13
NOES-0
No.216
BY: MR.PERLA
OFFER TO COMPROMISE
TAX LIABILITY
7 -9 COTTAGE STREET
WHEREAS: Florence K. Hellwitz has been the owner and taxpayer of
her home located at 7 - 9 Cottage Street since 1980; and
WHEREAS: During the 1986 property revaluation process conducted by the Board
of Assessors the property at 7 - 9 Cottage Street was assessed as land value
only, unbednounst to the owner; and
WHEREAS: Mrs. Florence Hellwitz continued to pay monthly mortgage payments
which escrowed and paid her taxes and was unaware of the assessors error; and
WHEREAS: On January, 1991 the Assessors Office discovered the error; and
made corrections increasing the assessed value by $25,100 for the 1988, 1989,
1990 and 1991 tax years; and
WHEREAS: These taxes are being billed in total for an amount of $1607.64;
and
WHEREAS: Mrs. Florence Rellwitz is a senior citizen living on Social
Security income and without funds to pay the amount due as a result of the
City's error; and
WHEREAS: Mrs. Florence Kellwitz has offered to pay the full sewer tax
arrears in the amount of $119.64 and fifty per cent ($0) of the tax arrears in
ten monthly installments; and
WHERlAS: The burden of the City assessors error should not penalize the
taxpayer so as to cause the loss of this property by foreclosure.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council accept the offer to compromise the tax bills due and owning
on 7 - 9 Cottage Street for an amount of $744.00 to be paid in ten monthly
installments and that the tax division of the Assessors Office set up the
payment arrangement and that the balance due and owing be and hereby is abated.
REFERRED TO THE COMMITTEE ON FINANCE
No.217
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
05 - CIVIL SERVICE COMMISSION
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 05-0 - Civil Service Commission under the subheading
"Temporary Services as Required" is hereby amended by adding thereto:
Civil Service Nurse (R.N.) Hourly $15.00
WE, E. W. DANN STEVENS, President of the Buffalo Municipal Civil Service
Commission and THOMAS F. KEENAN, Director of the Budget, hereby certify that
the creation of the position of Civil Service Nurse (R.N.) Hourly 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 creaticr' of the
above-mentioned position, containing a statement cf the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
MICHAEL B. RISMAN SR. DEPUTY CORPORATION COUNSEL
REFERRED -TO THE C0.MMITTEE ON CIVIL SERVICE
No.218
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND - STADIUM & AUDITORIUM
61 - DEPARTMENT OF STADIUM & AUDITORIUM
61-2 MEMORIAL AUDITORIUM
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 61-2 Department of Stadium & Auditorium under the
subheading "031 - Operation & Maintenance"
which reads:
1 Supervisor of Auditorium
Maintenance (Dale Senn, Only) $20,683 - 23,368
is hereby amended to read:
1 Supervisor of Auditorium
Maintenance $20,683 - 23,368
WE, JOHN P. SCANLON, Chairman, Board of Stadium & Auditorium and THOMAS
F. KEENAN, Director of the Budget, hereby certify that the deletion of one (l)
Supervisor of Auditorium Maintenance (Dale Senn, Only) position and the
creation of one (l) Supervisor of Auditorium Maintenance 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.
JOHN P. SCANLON
Cha irman, Board of Stadium and Auditorium
THOMAS F. KEENAN
Director of the Budget ~
APPROVED AS TO FORM
R. PETER MORROW
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.219
BY:MR. PITTS
CLARIFICATION OF PILOT AIR FREIGHT
AGREEMENT
WHEREAS: Pilot Air Freight is in default for the amount of $51,000
for the fifth installment payment per the naming rights agreement for the
downtown baseball stadium; and
WHEREAS: Pilot Air Freight, through its attorney, has negotiated an escrow
agreement with the Corporation Counsel's office to deliver to the City
Comptroller, in his capacity as escrow agent, the $51,000 in question; and
WHEREAS: The Charter of the City of Buffalo speaks to the reporting of
contract defaults to the city and the process that shall be followed; and
WHEREAS: The escrow agreement entered into by Pilot Air Freight and the
City's Law Department does not appear to be a vehicle that is allowed by the
Charter of the City of Buffalo; and
WHEREAS: The agreement in question was negotiated by a member of the
Corporation Counsel's office who, because of a previous employment
relationship, may have a conflict of interest on this issue.
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel file with this Council all written communications
from affected parties pertaining to Pilot Air Freight's naming rights default
case; and
BE IT FURTHER RESOLVED:
That the Corporation Counsel detail charter vested authority which permits an
escrow agreement of this nature to be negotiated and entered into; and
BE IT FINALLY RESOLVED:
That Assistant Corporation Counsel Michael McKeating disclose his professional
relationship with the law firm of Damon & Morey to clear up any question of
conflict of interest.
.RECEIVED AND FILED
No.220
BY: MR. RUTECKI
DISCHARGE THE SPECIAL COMMITTEE ON
MARINA LEASE
AUD CLUB - RENEW LEASE- MARINA
ITEM NO. 111 JANUARY 22, 1991
WHEREAS: THE ABOVE ITEMS ARE PRESENTLY BEFORE THE SPECIAL COKMITTFE
TO NEGOTIATE THE MARINA LEASE; ID
WHEREAS: IT IS NO LONGER NECESSARY FOR THESE ITEMS BE BE CONSIDERED BY
THAT COMMITTEE;
NOW, THEREFORE, BE IT RESOLVED, THAT THIS COMMON COUNCIL DOES HEREBY
DISCHARGE THE SPECIAL COMMITTEE FROM FURTHER CONSIDERATION OF THE ABOVE ITEM
AND SAID ITEM IS N~ BEFORE THE COUNCIL.
CARRIED.
Mr. Fahey now moved to receive and file the above item.
Adopted
No.221
BY: MR. RUTECKI
DISCHARGE THE SPECIAL COMMITTEE ON
MARINA LEASE
AUD CLUB - INCREASE SLIP RENTALS
ITEM NO. 113 JANUARY 22, 1991
WHEREAS: THE ABOVE ITEMS ARE PRESENTLY BEFORE THE SPECIAL COMMITTEE
TO NEGOTIATE THE MARINA LEASE; ID
WHEREAS: IT IS NO LONGER NECESSARY FOR THESE ITEMS BE BE CONSIDERED BY
THAT COMMITTEE;
NOW, THEREFORE, BE IT RESOLVED, THAT THIS COMMON COUNCIL DOES HEREBY
DISCHARGE THE SPECIAL COMMITTEE FROM FURTHER CONSIDERATION OF THE ABOVE ITEM
AND SAID ITEM IS NOW BEFORE THE COUNCIL.
SECONDED BY MR. BAKOS
CARRIED.
MR. FAHEY moved:
That Item No. 113, C.C.P., January 22, 1991, be received and filed; and
That the Mayor be, and he hereby is, authorized to execute a new lease
with the Aud Club as proposed in the abovereferenced communication, with the
following modifications:
That the authorized increase in slip rental rates be fifteen (15) percent
in 1991 and five (5) percent in 1992; and
That the authorized increase in transient rates from $0.60 to $0.75 per
linear ft. per day and the requested increase in the daily minimum from $15.00
per day to $19.00 per day be approved on the condition that the launching fee
remain at $5.00 per launch and the sewage pump-out fee remain at $6.50 per pump
out; and
That the City's percentage of fuel purchases only be reduced from the
current twenty (20) percent to ten (10) percent for the 1991 year only, and
that the reduction be re-evaluated at the end of the year to determine whether
the reduction of percentage to the City has been offset by an increasing
volume, but that the City's percentage of Gross Revenues other than fuel sales
remain unchanged; and
That the Commissioner of Public Works be, and he hereby is authorized to
issue a Request for Proposals for a consultant to develop a plan to solve the
surge problem in the Erie Basin, and that said RFP contain a provision that the
consultant prcvide a working model of the Erie Basin and whatever changes he or
she recommends; and
That the provision of the lease providing that the Aud Club is under no
circumstances responsible for damage to City property or buildings be amended
to read "except for damage or destruction resulting from the Aud Club's own
negligence."
PASSED.
AYES-13
NOES-0
No.222
BY MR. RUTECKI:
CRIME WATCH SIGNS
WHEREAS: The Chadduck Street Block Club is participating in the
City of Buffalo's Crime Watch Program; and
WHEREAS: The residents of Chadduck Street meet every month to discuss
matters affecting the neighborhood. The residents actively took the initiative
to participate in the Crime Watch Program; and
WHEREAS: The Block Club has identified the locations for the placement of
the signs designating the Crime Watch area;
NOW THEREFORE BE IT RESOLVED
That the Common Council supports the Chadduck Street Block Club's participation
in the Crime WatchProgram; and
BE IT FURTHER RESOLVED
That the Common Council requests the;Departr.ent of Public Works and the Police
to assist the Block Club in placing the signs at the following locations:
Corner of Chadduck Street at Tonawanda facing Tonawanda
Corner of Chadduck Street at Ontario facing Ontario.
PASSED
AYES-13
NOES-0
No.223
BY:MR. RUTECKI:
FELICITATIONS AND/OR IN MEMORIAMS
ATTACHED HERETO ARE FELICITATIONS OR IN MFMORIAMS SPONSORED BY
MEMBERS OF THE COMMON COUNCIL:
FELICITATION FOR VERLYN KLINKENBORG
BY COUNCILMEMBER FRANCZYK
FELICITATION FOR "DEBUTANTES FOR CHRIST PAGENT"
BY COUNCILMEMBER COLLINS
FELICITATION FOR OPERABUFFS of Western New York, Inc.
BY COUNCILMEMBER RUTECKI
IN MEMORIAM FOR KARL KUBIAK
BY COUNCILMEMBER ARTHUR
AND THE CITY CLERK IS HEREBY DIRECTED TO HAVE THE ABOVE RESOLUTIONS FRAMED AT A
COST NOT TO EXCEED SEVEN DOLLARS AND FIFTY CENTS ($7.50) EACH.
ADOPTED.
No.224
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualificationS and filing same with
the City Clerk':.
John M. Boser
Annette Isbrandt
Dena rtarie Lonbardo
Alfred Melchtorre
Rodnev C. N1ontaonery
TOTAL:5
ADOPTED
No.225
By Mr. Rutecki
Engrossed Copy
That a framed and engrossed copy of Item #223, C.C.P. April 2,
1991- In Memoriam for Karl Kubiak be and the same hereby is approved in a sum
not to exceed $80.00.
Adopted.
UNFINISHED BUSINESS
No.226
BOND RESOLUTION - $1,045,000
UNIVERSITY HGT. COMM. CTR.
(NO. 197, C.C.P., MARCH 19, 1991)
MR. FAHEY MOVED THAT ITEM NO. 197, C.C.P., MARCH 19, 1991, BE
TAKEN FROM THE TABLE.
SECONDED BY Mrs. LoTempio.
ADOPTED
MR. FAHEY MOVED THAT THE ABOVE ITEM BE and the same is hereby approved.
SECONDED BY Mrs. LoTempio.
PASSED
AYES-13
NOES-0
No.227
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Committee
Tuesday, April 9, 1991, 9:30 A.M.
Finance Committee
Tuesday, April 9, 1991, immediately following Civil Service.
Legislation Committee
Tuesday, April 9, 1991, 2:00 P.M.
Economic Development Committee
Wednesday, April 10, 1991, 10:00 A.M.
Economic Development-Commercial Land Bank Program
Wednesday,April 3, 1991, 2:00 P.M.-Room 1417
Finance-Memorialize Legislature-User Fees
Friday, April 5, 1991, 10:00 A.M.-Council Chambers
Ancillary Committees
Noise Task Force
Wednesday, April 3, 1991, 4:00 P.M.-Room 1417
Child Care Task Force
Thursday, April 11, 1991, 3:00 P.M.-Room 1417
Pest Management Board
Monday, April 15, 1991, 2:00 P.M.-Room 1417
Police Reorganization CommissionThursday, April 11, 1991, 4:oo P.M.-Room 1417
No. 228
ADJOURNMENT
ON MOTION BY MR. FAHEY, SECONDED BY MR. FRANCZYK THE COUNCIL ADJOURNED
AT 4:15 P.M.
CHARLES L. MICHAUX III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.