HomeMy WebLinkAbout91-0430
1No.9
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 30, 1991
Special Session, May 5, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K.
Arthur, Clifford Bell David Collins, 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, Archie L. Amos, Jr., Carl A. PerIa,
Jr., Clifford Bell, Alfred Coppola, James W. Pitts, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., George
K. Arthur, Clifford Bell, David Collins, 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.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, Eugene Reville, Commissioner
Ralph Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan,
Helen Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee.
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 30, 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.Pitts,the minutes of the stated
meeting held April 16, 1991, were approved
FROM THE MAYOR
No.1
Veto Message - Request for Variance-
426 Franklin
Item No. 102, C.C.P., April 2, 1991
Item No. 175, C.C.P. April 16, 1991
The above item purported to grant a variance to the owners of
426 Franklin Street for certain non-conforming items the existence of which
predated the adoption by the City of the State Building Code in July, 1985.
I am compelled to veto this because the variance would not be legal. This
is so because Your Honorable Body did not follow the procedure outlined to you
in the opinion from the Department of Law dated April 8, 1991. That opinion
stated that, pursuant to Section 223 of former Chapter XII of the Ordinances,
which applies to non-conforming uses which predate the adoption of the State
Building Code, you may only grant the variance if it is recommended by a joint
communication from the Commissioners of Public Works and Inspections and
Community Revitalization. I recommend that you refer the request to those
Commissioners and follow the procedure outlined in the Ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.2
Veto Message - Ordinance
Amendment, Chapt. 175 - Fees
Item No. 201, C.C.P., 3/5/91
Item No. 148, CC.P., 4/16/91
The referenced item amends Chapter 175 of the City of Buffalo
Code to provide that commercial and business users of the mobile band shell pay
a daily rental fee of $250 and not-for-profit users pay a daily rental fee of
$50.
The City incurs substantial administrative and labor costs every day that
the mobile band shell is used. I am in favor of setting the fee at $250
because this provides a significant but not complete reimbursement for the
City's expenses. However, an exception has been made for not-for-profit
organizations which would be required to pay a daily rental of $50.
In these harsh fiscal times the City cannot afford the luxury of bearing
the burden for such a substantial portion of the cost of using this facility.
A time of difficult finances brings hardship which must be shared by all,
including not-for-profit organizations.
For these reasons I am constrained to veto the referenced item.
MR. FAHEY moved to Override the Mayor's Veto of item No. 148, C.C.P., April 16,
1991- Ordinance Amendment, Chap. 175 - Fees. REPASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI-12
NOES- PITTS-1
No.3
Appointment of member of Buffalo Sewer Authority
Pursuant to the powers vested in me by Section 1177 of the Public
Authorities Law, I hereby appoint
subject to confirmation by Your Honorable Body, Herbert L. Bellamy,
Jr., residing at 43 Academy Road, Buffalo - 14211, as a member of the Buffalo Sewer Authority for a term expiring June 30,
1992:
Mr. Bellamy will succeed the Reverend Eugene E. McAshan who has resigned.
Herbert L. Bellamy, Jr., an Insurance Agent with Nationwide Insurance,
attended Jamestown Community College, Jamestown, NY, the State University
College at Buffalo and the Freeman Business School, Syracuse NY.
Herbert L. Bellamy
Jr., is active in many community organizations:
Volunteer - 1490 Community Service Center
Advisory Board Member Community School 53
Advisory Board Member-WNY United Against Drugs
I hereby certify that Herbert L. Bellamy
Jr., is fully qualified to serve as a member of
the Buffalo Sewer Authority.
MR. FAHEY moved:
That the communication from the Mayor dated April l5, 1991 be received
and filed; and
That the appointment of Herbert L. Bellamy, Jr., residing at 43 Academy
Road, as a member of the Buffalo Sewer Authority for a term expiring June 30,
1992 be, and the same hereby is, confirmed.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES-COPPOLA-1
No.4
Appointment of members of
advisory Committee for People
with Handicapping Conditions
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo, as amended, I hereby appoint the below
listed persons as members of the Advisory Committee for People with
Handicapping Conditions for terms expiring March 31, 1994:
Ms. Mary Gryc 78 Northland Avenue Buffalo, 14208
Ms. Rosemarie Konsek 125 Shirley Avenue Buffalo, 14215
Mr. Billy Gant 55 Bennett Village Terrace Buffalo, 14214
Ms. Cryc will succeed Donald 0. Allen whose term has expired. Ms. Konsek
will succeed Dr. Robert Warner whose term has expired. Mr. Billy Cant will
succeed Dominic MarineIIi whose term has expired.
I hereby certify that the above listed persons are fully qualified to
serve as members of the Advisory Committee for People with Handicapping
Conditions.
RECEIVED AND FILED
No.5
Reappointment of members of
Advisory Committee for People
With Handicapping Conditions
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo, as amended, I hereby reappoint the below
listed persons as members of the Advisory Committee for People with
Handicapping Conditions for terms expiring March 3l, 1994:
Honorable Norman M. Bakos 1226 Bailey Avenue Buffalo, 14206
Laurence Rubin 162 Norwood Avenue Buffalo, 14222
Mary Kerston 488 Woodward Avenue Buffalo, 14214
John J. Farrell 78 St. Johns Avenue Kenmore, 14223
I hereby certify that the above listed persons are fully qualified for
reappointment to the Advisory Committee for People with Handicapping
Conditions.
RECEIVED AND FILED
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.6
J. Fitzgerald - Request to place an outdoor patio
in rear of listing restaurant at 16 Allen St..
Item No. 119, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above application pursuant to Section 511-57-The Allen
Street Special Zoning District.
The applicant seeks to use a portion of the rear yard area of an listing
restaurant for an outdoor cafe. The proposed patio cafe will occupy an listing
paved area in the rear yard of the subject property and is currently at grade.
The cafe will be built entirely on private property.
The site is located in the Allen Street Special Zoning District as well
as the Allen Preservation District. The expansion of an eating and drinking
establishment, by the construction of a patio cafe, must be approved by Your
Honorable Body. The design of the proposed facility would have to be approved
by the Buffalo Preservation Board. 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 patio cafe contingent upon the
approval of the Buffalo Preservation Board and upon the following conditions:
1. That the cafe be opened no later than 11:00 PM. daily,
2. That there be no music played on the cafe, and
3. That there be no trash receptacles placed on the cafe.
RECEIVED AND FILED.
No.7
E. Flynn - Request to add a one-story addition to an existing restaurant at 229
Lexington.
Item No. 120, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above matter pursuant to Section 511-27 of the Buffalo
Code - The C1 Zone Regulations.
The applicant seeks to add a one-story addition to an existing two-story
frame structure used as a restaurant. The proposed addition will be located in
the parking area of the restaurant and will measure 10 feet by 69 feet, or 690
square feet in floor area.
The site is located in a C1 zone which permits such additions contingent
upon compliance with the building codes. When the applicant applied for this
building permit, the Permit Office inadvertently included his property in the
EB zone which requires the granting of a restricted use permit by Your
Honorable Body for the expansion of eating and drinking places. It is the
Planning Board opinion that the EB zone does not extend to the subject
property. Furthermore, Your Honorable Body has concurred with this opinion
(see Item No. 3, C.C.P., July 21, 1981 and Item No. 154, C.C.P., September 15,
1981).
This notwithstanding, under S.E.Q.R., the proposed addition is considered
an unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed addition while noting
that the matter should not have been referred to Your Honorable Body for
review.
RECEIVED AND FILED
No.8
T. Mineo - Application to place a sidewalk cafe in the right-of-way at
1234-1236 Hertel Avenue.
Item No. 122, C.C.P., April 16, 1991 I
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above application pursuant to Sections 413-59 and
511-59 of the Buffalo Code - Review of Sidewalk cafes, and Expansion of Eating
and Drinking Places in the Hertel Special Zoning District.
The applicant seeks to place an outdoor cafe consisting of two 12-foot by
12-foot raised platforms, divided by the central entrance of the building.
Therefore, a total of 288 square feet is being requested. The cafe will be
covered by an awning.
The site is located in a C2 zone which permits such uses on the condition
that
Your Honorable Body grants a restricted use permit to the applicant. Under the
code, the proposed expansion would suggest two off-street parking spaces.
Lastly, under S.E.Q.R., the proposed cafe is considered an unlisted action
which can be studied under uncoordinated review.
The Planning Board voted to approve the cafe on the following conditions:
1. That no music is played in the cafe area,
2. That no trash receptacles are allowed in the cafe, and
3. That the cafe be opened no later than 11:00 PM. daily.
RECEIVED AND FILED
No.9
Public Works - Request to place a sidewalk cafe in the right-of-way of 177
Hodge.
Item No. 38, C.C.P., April 2, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above request pursuant to Section 413-59 of the
Buffalo Code - Review of Sidewalk Cafes.
The applicant seeks to place an 8 foot by 10 feet outdoor cafe entirely
on the city's right-of-way at 177 Hodge Street.
The Planning Board voted to receive and file the proposed sidewalk cafe
since no one was present to answer questions about it.
RECEIVED AND FILED
No.10
W. Weaver - Request to encroach onto the right-of-way of 415 Sycamore with
three doors.
Item No. 48, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above request pursuant to Section 413-1 of the Buffalo
Code - Review of Encroachments.
The applicant seeks permission to permanently encroach into the
right-of-way of Sycamore Street with three doors which, when opened, would
swing 4 feet onto city property. The purpose of the doors will be to provide
access to a new tenant for a renovated building (the NEHI Bottling Company).
The Department of Public Works has reviewed the proposed encroachments
and recommends granting a mere license for them. Under S.E.Q.R., the proposed
encroachments are an unlisted action which may be studied under uncoordinated
review.
The Planning Board voted to approve the encroachment.
RECEIVED AND FILED.
No.11
M. Duane - Request to place a sidewalk cafe in the right-of-way at 252 Delaware
Ave..
Item No. 49, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above request pursuant to Section 413-59 of the
Buffalo Code - Review of Sidewalk Cafes.
The applicant seeks to place a sidewalk cafe measuring 8 feet by 43 feet,
or 344 square feet in area. The proposed sidewalk cafe will therefore project
8 feet into the right-of-way. It will be delineated by a railing and covered
by an awning.
The site is located in the RR district which permits such uses. The RR
district actually encourages "ground floor eating and drinking establishments."
Under S.E.Q.R., the proposed cafe may be viewed as an unlisted action which may
be studied via uncoordinated review.
The right-of-way of Delaware Avenue in the vicinity of the proposed cafe
is 99 feet with a 60-foot pavement width. Therefore, 19.5 feet of sidewalk
exists in front of the site. The proposed 8-foot cafe would leave 11.5 feet of
unobstructed sidewalk. The Department of Public Works has no objection to Your
Honorable Body granting a mere license for the cafe.
The Planning Board voted to approve the cafe on the following conditions:
1. That no music is played on the cafe,
2. That no trash receptacles are placed on the cafe, and
3. That the cafe be opened no later than 11:00 PM. daily.
RECEIVED AND FILED.
No.12
V. Buscemi - Request to place a sidewalk cafe in the right-of-way at 2495 Main
St..
Item No. 44, C.C.P., March 19, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above request pursuant to Section 413-59 of the
Buffalo Code - Review of Sidewalk Cafes.
The Planning Board voted to receive and file the request in that the
applicant has withdrawn his request.
RECEIVED AND FILED
No.13
Erie County IDA - Request to place a ground sign
at 369 Franklin St..
Item No. 117, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Ground Signs.
The applicant seeks to place an illuminated ground sign entirely on
private property. The proposed sign will measure 3 feet by 6 feet in sign face
area and will be 6 feet in overall height.
The site is located in the DO zone which permits such signage and is also
in the Allentown Preservation District. Consequently, the proposed sign should
also be reviewed by the Buffalo Preservation Board for aesthetic
considerations. Under S.E.Q.R., the proposed sign is considered an unlisted
action which may be studied via uncoordinated review.
The Planning Board voted to approve the proposed sign contingent upon the
Preservation Board's approval.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.14
Admiral's Walk - Request to place a non-illuminated ground sign at 210
Lakefront Blvd..
Item No. 118, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above application pursuant to Section 387-19 of the
Buffalo Code - Review of Ground Signs.
The applicant seeks to place a non-illuminated ground sign with a face
area of 30 square feet (7.5 feet by 4 feet) at Admiral's Walk. The proposed
sign will measure 7 112 feet in overall height.
The site is located in the Waterfront's Urban Renewal "Area A" and is
permitted under the urban renewal plan. 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.
REFERRED TO THE COMMITTEE ON LEGISLATION
No.15
P.B.B. USA Inc. - Application to erect a non-illuminated accessory ground sign
at 434-438 Delaware Ave..
Item No. 121, C.C.P., April 16, 1991
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above application pursuant to Sections 387-19 and
511-58 of the Buffalo Code - Review of Ground Signs and The Delaware Review
District.
The applicant seeks to place a non-illuminated accessory ground sign
entirely on private property. The proposed sign will measure 3 feet 6 inches
by 4 feet 8 inches, or 16+ square feet and will be 7 feet in overall height.
The site is located in the RR-Residential Restricted zone which is
overlain by the Delaware Special Zoning District and which prohibits
freestanding signs. The site is also located in the Allentown Preservation
District and the Buffalo Preservation Board has reviewed the proposed sign.
The sign must also be reviewed by the Zoning Board of Appeals since only that
body can grant permission for its placement. Lastly, under S.E.Q.R. the
proposed sign is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted "no objection" to the proposed sign as approved
by the Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.16
Buffalo Police Dept. - Request to rename St. Stephen's Place between Bolton
Place and Harvey Place.
Item No. 54 , C.C.P., April 16, 1991.
The City Planning Board at its regular meeting held Tuesday, April
23, 1991, considered the above request pursuant to Section 317.1 of the City
Charter - Referable Matters from the Common Council.
Representatives of the Buffalo Police Department are seeking to correct
an anomalous situation which exists in the manner in which St. Stephens Place
is configurated. St. Stephens Place currently runs from South Park Avenue on
the north to Smith Street on the east, in the shape of an "L", and from Bolton
Place to Harvey Place. Private property disects the former St. Stephens Place
from the latter. It is the Police Department's view that the present situation
causes confusion for police, fire and rescue vehicles since the portion of St.
Stephens Street which runs from Harvey Place to Bolton Place is isolated from
the remainder of the street. Indeed this situation is exacerbated by the fact
that no street signs have been placed on that portion for the past 30 years.
Lastly, it is recommended that the new name for the street should be "Buffalo
River Place."
While the Planning Board agreed that the St. Stephens Place anomaly
should be corrected by renaming the street, it was felt that the name "Buffalo
River Place" would be confusing.
Consequently, the Board voted to approve the renaming of that portion of
St. Stephens Place between Bolton Place and Harvey Place to "Bolton Court,"
noting that under S.E.Q.R., the matter is considered a Type II action which
does not require further environmental review.
REFERRED TO THE COMMlTTEE ON LEGISLATION
FROM THE BOARD OF PARKING
No.17
Rent Forgiveness - Skyway Lot No, 3
Due to the reconstruction of the Skyway Bridge, Multiple Parking
Services, Inc. has been evicted from the above-stated parking lot by the New
York State Department of Transportation as of April 15, 1991 to November 15,
1991.
At its' regular monthly meeting of April 24, 1991, the Board of Parking
voted to recommend to Your Honorable Body that Multiple Parking Services, Inc.
be forgiven the monthly rent of $5,050.50 from April 15, 1991 to November 15,
1991. Also, that Multiple Parking Services, Inc. be released from their
liability insurance coverage during this same time period,
REFERRED TO THE COMMlTTEE ON FINANCE
FROM THE BOARD OF STADIUM AND AUDITORIUM
No.18
Emergency Repair - Memorial Auditorium
This communication is To inform the Common Council of emergency
repair work done at Memorial Auditorium. This work was to repair and replace
wiring- contractors and cables damaged in a fire in the southwest fan room.
Amount of invoice was $1,152.21 from CIR Electric
RECEIVED AND FILED
FROM THE BUFFALO ARTS COMMISSION
No.19
Hennepin Park
War Memorial
The Buffalo Arts Commission has reviewed a modification to the
Hennepin Park War Memorial proposed by the American Legion, East Lovejoy Post
#1306. This memorial is located on Bailey Avenue near Hennepin Street in front
of the Hennepin Park Community Building. Representatives of American Legion
Post with the support of District Councilman Bakos made a full presentation of
the proposed changes at the last regular meeting of the Arts Commission at
which time it was approved.
The original monument was erected by citizens of the 10th Exemption Board
District in memory of the IS men from the East Lovejoy neighborhood who gave
their lives in World War I. The modification proposed consists of the addition
of two wing walls for the inscription of names of twenty-nine (29) East Lovejoy
citizens who were killed in World War II, the Korean and Vietnam Wars. In
reviewing the design modification proposed, the Arts Commission concluded that
it is an appropriate addition and aesthetic enhancement to the existing
memorial stone.
In recommending its approval, the Arts Commission also takes note of
correspondence from the Commissioner of Public Works which offers his
Department's assistance in the preparation of contract documents for bid. Upon
identification of funds needed for the modification (currently estimated at
approximately $10,000) it is further recommended that final plans and
specifications be reviewed by the Commission's Executive Director and Mr.
Donald Kochensberger representing the American Legion East Lovejoy Post #1306.
Thank you.
MR. FAHEY moved:
That the Buffalo Arts Commission, with the assistance of the Department
of Public Works, prepare plans and specifications for modifications to the
Hennepin Park War Memorial, to add two wing walls to incorporate the names of
East Lovejoy Citizens killed in World War II, the Korean War and the Vietnam
Wall, identify a source of funds to pay for said modifications, and report back
to this Council with its recommendations.
ADOPTED
FROM THE COMPTROLLER
No.20
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
FUND BALANCE RESERVE
MISCELLANEOUS CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $40,000 in the estimates for the fiscal year beginning July l, 1990
is necessary in Appropriation Allotments -Miscellaneous Charges to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-051 -
Fund Balance Reserve for Motor Vehicle Insurance not otherwise appropriated for
any other purpose. The detail of the requirements are set forth below:
DATED: BUFFALO, NEW YORK, APRIL 22, 1991
RECEIVED AND FILED
No.21
Permission to Negotiate
263 Hickory, E 340' N William
Lot Size: 32' x 122'
Assessed Valuation: $500
The Office of the Comptroller, Division of Real Estate, has received
a request from Reverend Benny R. Sheppard of 269 Hickory Street, Buffalo, New
York to purchase the above referenced property.
Reverend Sheppard would like to purchase the subject property, which is
adjacent to 267 & 269 Hickory, properties owned by the estate of his mother
Lorene Sheppard, for beautification purposes.
The Department of Inspections & Community Revitalization and the
Department of Community Development have both been contacted and they have no
objection to the sale of this property.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated April 18, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Reverend Benny R. Sheppard residing at 269 Hickory Street, Buffalo, New York,
for the private sale of 263 Hickory Street and report to this Honorable Body
the results of such negotiations.
ADOPTED
No.22
Results of Negotiations
60 Rich, W 359.26' S Best
Lot Size: 27' x 108'
Assessed Valuation:$500
Item #34, 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 negotiate a private sale
with Mr. Henry Davis of 59 Rich Street, Buffalo, New York for the above
captioned property. Mr. Davis is purchasing this property in order to expand
his yard area for his single family income property he owns at 60 Rich Street.
An independent appraisal of the property was conducted by Brian A.
Sullivan, Sullivan Evaluation and Research, 591 Delaware Avenue, Buffalo, New
York 14202. He has estimated that the fair market value of the subject
property to be Three Hundred Dollars ($300). The Division of Real Estate has
investigated the sales of similar vacant parcels in the area. Recent parcels
have been selling for between Nineteen Cents (.19) a square foot to Twenty-Five
Cents (.25) a square foot indicating a value of between Five Hundred and Fifty
Dollars ($550) to Seven Hundred Dollars ($700) for the subject parcel.
The results of our negotiations are that Mr. Henry Davis has agreed and
is prepared to pay Five Hundred and Fifty Dollars ($550) for the subject
property. He will pay for the cost of the appraisal, transfer tax and cost of
the legal description.
I am, therefore, recommending that Your Honorable Body approve the sale
of 60 Rich Street to Mr. Henry Davis of 59 Rich Street, Buffalo, New York in
the amount of Five Hundred Fifty Dollars ($550).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Henry Davis residing at 59 Rich Street in the sum of
Five Hundred and Fifty Dollars ($550.00) to purchase 60 Rich Street, be and
hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES-13 NOES-0
No.23
Results of Negotiations 84 Sidway, W 100' S Mackinaw Vacant Parcel 6' x 112'
Item #19, C.C.P. 2/19/91
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Salvatore and Tina Marie Strano of 80 Sidway Street, Buffalo, New York
to purchase the above property. They intend to use this property to widen
their driveway.
An independent appraisal of the property was conducted by Gloria J.
Lehmann, Jerome Realty, 1060 Ellicott Square Building, 295 Main Street,
Buffalo, New York 14203. She has estimated the value of the property at
Seventy-Five Dollars ($75.00) or Fourteen Cents (.14) a square foot. The
Division of Real Estate has investigated the sales of similar properties in the
area. Sale prices range from TwentyThree Cents (.23) a square foot to Thirty
Cents (.30) a square foot. This would indicate a value for the subject property
to be in the neighborhood of One Hundred Fifty to Two Hundred Dollars ($150.00
to $200.00).
The results of our negotiations are that Mr. & Mrs. Strano have agreed
and are prepared to pay One Hundred and Fifty Dollars ($150.00) for the subject
property. They have also agreed to pay for the cost of the appraisal, transfer
tax and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
84 Sidway to Mr. Salvatroe Strano and Mrs. Tina Marie Strano of 80 Sidway
Street, Buffalo New York, in the amount of One Hundred Fifty Dollars ($150.00).
MR. FAHEY moved:
That the above communication from the Comptroller, De received and filed;
and
That the offer of Salvatore and Tina Marie Strano residing at 80 Sidway
in the sum of One Hundred and Fifty Dollars ($150.00) to purchase 84 Sidway
Street, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchasers; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES-13 NOES-0.
No.24
Results of Negotiations
368 Abbott Road, NE W Cor. Milford
Vacant Lot : 42.21' x 118'
Assessed Valuation: $3,500
The Office of the Comptroller, Division of Real Estate, has negotiated
a private sale with Mr. Arthur Jayes, 264 Woodward Drive, West Seneca, New York
14224 to purchase the above vacant lot. Mr. Jayes intends to construct a two
story structure consisting of an office on the first floor for his business and
an apartment on the second floor.
The Department of Inspections & Community Revitalization and the
Department of Community Development have been contacted and they have no
objection to the sale of this property.
An independent appraisal of the property was conducted by Frank A.
Pirritano Appraisals, Inc., P.0. Box 650, West Seneca, New York 14224. He has
estimated the fair market value of the property to be Sixty-Two Hundred Dollars
($6,200). The Division of Real Estate concurs with the appraisers estimate of
One Hundred and Fifty Dollars ($150) a front foot.
The results of our negotiations are that Mr. Jayes has agreed and is
prepared to pay Sixty-Two Hundred Dollars ($6,200) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax and cost
of legal description.
I am, therefore, recommending the sale of 368 Abbott Road, Buffalo, New
York to Mr. Arthur Jayes of 264 Woodward Drive, West Seneca, New York 14224 in
the amount of, Sixty-Two Hundred Dollars ($6,200).
MR. FAHEY moved:
That the above communication from the
Comptroller, dated April 25, l99l, be received and filed; and
That the offer of Arthur Jayes residing at 264 Woodward Drive, West
Seneca, New York, in the sum of Sixty-two Hundred Dollars ($6,200.00) to
purchase 368 Abbott Road, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchasers; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES-13 NOES-0.
No.25
Helping Hands - Perm. to Erect Bldg.
Item #89, C.C.P. April 2, 1991
At the request of the chairman of the Legislation Committee, Mr.
Coppola, we are attaching for your review a copy of the lease agreement between
the City of Buffalo and West Side Emergency Food Center, Inc..
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No.26
Single Audit of Federal, State and County Grants received by City of Buffalo
for Fiscal Year Ended June 30, 1990
I hereby submit the report of single audit by independent public
accountants of federal, state and county grants received by the City for the
fiscal year ended June 30, 1990.
Pursuant to amendments to Section 35 of the General Municipal Law, which
took effect January l, 1989, Your Honorable Body may, in its discretion,
provide to the State Comptroller and file with the City Clerk a written
response to the findings and recommendations in this report not later than
ninety days after its receipt, or July 30, 1991.
REFERRED T0 THE C0MMITTEE 0N FINANCE, FINANCIAL C0NTR0L OF AGENCIES AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.27
Report of Audit
Department of Assessment
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Assessment, Trust and Agency Receipts, audit report for the period April 1,
1988 to June 30, 1990.
Our report has recommended that the Department of Assessment consult with
the Division of Data Processing and review the current computerized system
being utilized to account for an approximate 2,500 Individual Personal
Liability for Real Property Taxes (PLRPT) accounts, and to specifically address
current needs, as well as formulate applicable system changes, in order to
improve the accuracy, timeliness and monitoring of these accounts.
It is important to note that the Department of Assessment has effected
the transfer of $2,393,795.73 to the City's General Fund in the form of paid
tax arrears for the aforementioned audit period (ref: Exhibit 8).
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT
FROM THE COMMISSIONER OF ASSESSMENT
No.28
F. Hellwitz
Cancel Prior Assessment
7-9 Cottage
Item No. 97, C.C.P. 04/02/91
The Department of Assessment, as a result of its Data Collection
Program in the City of Buffalo, has discovered that on some properties the
improvement portion of the assessment has been erroneously omitted. Under the
Real Property Tax Law, the City is allowed to correct these errors and issue
corrected tax bills for the appropriate years. I have reviewed the
circumstance and the section of the law that the following list of properties
have had their tax bills corrected. Each of the owners of the following list
of properties will be notified to disregard their initial departmental notice
for corrected tax bills. The department will send a second notice for
corrected tax bills which properly applies the Real Property Tax Law.
In the event a property owner has paid any taxes as a result of the
initial departmental notice of corrected tax bills, those taxes will be
refunded and new tax bills will be issued using the following schedule.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
No.29
Extension of Time
Reconstruction of
Cazenovia Park Casino
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and Goodwin Electric, C-91538300 the work should have been completed
by April 23, 1990.
Due to a change in contract on this project this contractor could not complete
the work on time. This is the first extension of time on this project.
I have granted an extension of time to September l, 1990 to Goodwin Electric
Corp. to complete the work of their contract.
RECEIVED AND FILED
No.30
EXTENSION OF CONTRACT
CITY CONTRACT NO. 91546200
FIRSTRHYME CONSTRUCTION CORP., INC.
In accordance with the terms of the contract between the City
of Buffalo and Firstrhyme Construction Corporation, Inc. for work relating to
the Installation of New Filtered Water Conduit from the the Filtration Plant to
the Colonel Ward Pumping Station, Contract No. 15, City Contract No. 91546200,
this office has received a request for an extension of time.
The original completion date was March 1, 1991. This extension of
contract is required due to the strike of labor unions that disrupted
construction activities for the month of April 1990; revised elevations of the
90 inch connections to the clearwell; relocation of the 48 inch washwater sewer
and conflicts with existing buried sheeting encountered during the excavation
for the 90 inch connections to the clearwell.
The work remaining is the installation of approximately fifty percent of
the 90 inch pipe and all of the 72 inch pipe.
No previous extensions have been granted.
Accordingly, I have granted an extension of time in the contract with
Firstrhyme Construction Corporation, Inc. to June 17, 1991.
RECEIVED AND FILED
No.31
Extension of Time on Contract Genesee Moselle Street Clinic 1512 Genesee Street
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and Warrens Electric Co. C-9l562200, the work should have been
completed by November 23, 1990.
Due to a change in contract 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 April 19, 1991 to Warren's Electric Co.
to complete the work of this contract.
RECEIVED AND FILED
No.32
Extension of Time on Contract Roof Reconstruction
Lanigan Field House
Foot of Fulton Street
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and McGonigle & Hilger Roofing Co. the work should have been
completed by December 16, 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 April l9, 1991 to McGonigle & Hilger
Roofing Co. to complete the work of their contract.
RECEIVED AND FILED
No.33
Buffalo Police Memorial
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and LCP Construction Corp. C-9l569200, the work should have been
completed by February 6, 1991.
Due to a change in contract 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 June 21, 1991 to LCP Construction Corp.
to complete the work of their contract.
RECEIVED AND FILED
No.34
Extension of Time on Contract Reconstruction of Northwest Buffalo Comm Center
155 Lawn Avenue, Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and BRD Inc. C-9l585200 the work should have been completed by
December 10, 1990.
Due to a change in contract on this project this contractor was not able to
complete the work on time. This is the first extension of time on this
contract.
I have granted an extension of time to April 30, 1991 to BRD, Inc. to complete
the work of their contract.
RECEIVED AND FILED.
No.35
Notification Serial #8186, #8187 and #8188
This communication explains the attached Notification Serial Numbers.
8186
Wilson Street, east side, between (Install No Parking
Broadway and Sycamore. (any time
8187
Highgate Avenue both east and west (Install Stop signs
directions on highgate Avenue at
Cordova.
8188
Wilson Street, west side between (Repeal No Parking
Broadway & Sycamore (
any time
RECEIVED AND FILED.
No.36
Notification Serial #8186
NO PARKING
In conformity with Section '49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION OF
HIGHWAY LOCATION
Wilson Street Between Broadway and Sycamore, east side
Notification Serial #8187
STOP SIGNS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an its business.
That that part of Subdivision 9 of Section 11 of Chapter 479 of
the Ordinances of the City of Buffalo be supplemented by adding thereto the
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
Highgate Avenue Install Stop signs for both directions
on Highgate Ave. at Cordova.
Notification Serial #8188
NO PARKING- REPEAL
In conformity with Section 49 of Chapter 479 of, the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 of Section 15 of Chapter 479 of
Ordinances of the City' of Buffalo be supplemented by repealing thereto the
following: NO PING
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION
OF HIGHWAY LOCATION
Wilson Street Between Broadway & Sycamore,
west side
RECEIVED AND FILED
No.37
PERMISSION TO ADVERTISE FOR BIDS K-MART, 999 BROADWAY AVENUE
For authority contained in the above Council Proceeding, the Department
of Community Development has engaged the engineering services of Wm. Schutt &
Associates to prepare plans and specifications for the waterline construction
for the proposed Mart Development Site at the former Sattlers site.
It is proposed to:
(1) Abandon the existing six (6) inch watermain in Beck Street from Broadway
to approximately 959 feet north of Broadway to the proposed new Service Road.
(2) Replace the existing six (6) inch waterline in Beck Street from the
proposed new Service Road north for approximately 145 feet with a new ten (to)
inch ductile iron pipe. At this point, the new pipe will connect to the
existing ten (10) inch waterline in Beck Street.
(3) Install approximately 360 feet of new ten (10) inch ductile iron pipe in
the proposed Service Road and to connect this pipe to the watermains in Gibson
Street, Beck Street and Mill Street.
Attached please find copy of the proposed Easement Agreements for the
waterline to be constructed in the proposed Service Road from Gibson Street to
Mills Street. After the Corporation Counsel approves the legal description of
the proposed Easement, permission is requested for the Mayor to sign the
Easement.
The Easement indicates that the Grantor, SRK Broadway Associates, Ltd.,
will be responsible to repair any damage to the property caused by watermain
repairs or replacements. The Grantor is also required to file the Easement in
the County Clerk's Office with a copy to the City and to the Division of Water.
Therefore, I respectfully request your Honorable Body's permission to
abandon the existing six (6) inch watermain in Beck Street from Broadway to
approximately 959 feet north of Broadway to the proposed new Service Road and
for the Commissioner of Public Works to advertise for bids to replace the
existing six (6) inch watermain in Beck Street from the proposed new Service
Road north for approximately 145 feet with a new ten (10) inch ductile iron
pipe and to install approximately 360 feet of new ten (10) inch ductile iron
pipe in the proposed Service Road connecting this pipe to the watermains in
Gibson Street, Beck Street and Mills Street.
Funds for this work are available in the Department of Community
Development' s Bond Fund Account, 200-717-008.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works be received
and filed; and
That the Mayor be, and he hereby is authorized to execute Easement
Agreements for the proposed water line to be constructed in the service road
from Gibson Street to Mills Street; and
That the Commissioner of Public Works be, and he hereby is authorized to
abandon the existing six (6) inch watermain in Beck Street from Broadway to
approximately 959 feet north of Broadway, and to advertise for bids to replace
the existing six inch watermain in Beck Street from the proposed service road
north for approximately 145 feet with new ten (10) inch ductile iron pipe, and
to install approximately 360 feet of new ten (10) inch' ductile iron pipe in
the proposed service road connecting this pipe to the watermains in Gibson
Street, Beck Street and Mills Street.
PASSED
AYES-13 NOES-0.
No.38
Report of Bids - Gr.#33O Reconstruction of Delaware Avenue From North Street to
West Ferry Street
As authorized and directed by your Honorable Body in Item #74,
C.C.P. of 9/3/85, I have advertised and received bids on April 10, 1991 for the
Reconstruction of Delaware Avenue from North Street to West Ferry Street.
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:
Announced Bid Corrected Bid
Collana Brothers Const. Co. $2, 204, 579.00 $2,204,579.00
DiPizio Const. Co. $2,207,857.50
$2,207,857.50
Hartford Paving Corp. $2,219,108.50 $2,219,458.50
Destro Brothers $2,272,903.00 $2,
272, 903.00
Anastasi Trucking $2,329,852.00
$2,329,852.00*
Nichter Const. $2,459,782.50
$2,459,782.50
M.Passucci $2,503,860.00
$2, 504,098.00*
Amadori Const.Inc. $2,626,753.27
$2,626,752.75
Oakgrove Const. $2,660,867.50
$2,660,867.50
*Recommend that bid be rendered informal due to submittal of incomplete bid form.
I hereby certify that the lowest responsible bidder for the above project
is Collana Brothers Construction Company and I respectfully recommend that your
Honorable Body order the work the cost thereof to be charged to the following
Bond Accounts: 200-401-528; 200-401-507; 200-401-528 in an amount not to exceed
$2,204,579, plus approved unit prices not to exceed an additional amount of
$150,000.
The engineer's estimate for this work is $2,310,003. 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 May 27, 1991. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
MR. FAHEY moved:
That the communciation from the Commissioner of Public Works, dated April
25, 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 Delaware Avenue - North to W. Ferry
Street to Collana Brothers Construction Co., the lowest responsible bidder in
the amount of $2,204,579.00, plus approved unit prices not to exceed an
additional $150,000. 00, with said cost to be charged against the Bond Accounts
200-401-528, 200-401-507, 200-401-528.
PASSED.
AYES-13 NOES-0.
No.39
Change in Contract
Central Booking
City Court Building
Buffalo, New York
I herewith submit to Your Honorable body the following change
in contract for the Reconstruction of Central Booking, City Court Building,
Buffalo, New York, Louis Migliore Construction C-9l584300:
1. Furnish & install new 6 oz. copper flashing at building perimeter above
area under construction. ADD$6,520.00
This is work at the exterior plaza area where the building intersects the brick
pavers of the plaza , to stop water penetration into the building.
The foregoing change results in a net increase in the contract of Six Thousand
Five Hundred Twenty and 00/lOO Dollars ($6,520.00).
Summary Original Amount of Contract $271,900.00
Change Order No. 1 DEDUCT 3,720.00
Amount of this change (No. 2) ADD 6,520.00
Revised Amount of Contract $274,700.00
This change could not be seen 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 200-402-520 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
MR.. FAHEY moved:
That the communication from one Commissioner of Public Works dated April
23, 1991, be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized Go
Issue a change order to Louis Migliore Construction in the amount of $6,520.00
for additional work under Contract C-91584300 for work relating to
Reconstruction of Central Looking with said cost to be charged against Bond
Fund 200-402-520.
PASSED.
AYES-13 NOES-0.
No.40
Change in Contract Reconstruction of Millard Fillmore Monument Area City Hall,
Buffalo- New York
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Millard Fillmore Monument Area (Southeast
Corner, City Hall), Buffalo, New York, LCP Construction Corp. C-91598400:
1. Furnish & install additional backpointing to all joints where material is
loose or missing. ADD 3,050.00
2. Furnish & install additional concrete support under benches and reset
stone at bench base. ADD
2,645.00
3. Furnish & install 3/4" electrical conduit. ADD 350.00
Until pavers and existing concrete were removed the extent of periphery
settlement could not be accurately determined.
The second bidder on this project was Gerald T. Stay Co. in the amount of
Seventy-nine Thousand Three Hundred ($79,300.00).
The foregoing change results in a net increase in the contract of Six Thousand
Forty-five and 00/100 Dollars ($6,045.00).
Summary Original Amount of Contract $79,283.00
Amount of this change (No. 1) ADD 6,045.00
Revised Amount of Contract $85,328.00
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 200-402-044 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
MR.FAHEY moved:
That the communication from the Commissioner of Public Works dated April
22, 1991, be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to LCP Construction Corp. in the amount of $6,045. 00 for
additional work under Contract C-9159840& for work relating to Reconstruction
of Millard Fillmore Monument Area (Southeast Corner, City Hall) with said cost
to be charged against Bond Fund 200-402-044.
PASSED
AYES-13 NOES-0
No.41
Proposed Lease Agreement
Between Olympic Management
Systems, Inc, and the City of Buffalo
Attached is the lease proposal between Olympic Management Systems,
Inc., and the City of Buffalo for Bennett Beach.
Under Section 2, "Term", there is a blank portion under the heading "Recovery.
"This item will be submitted as a late file.
May I have your approval for the City of Buffalo to enter into this lease
agreement with Olympic Management Systems, Inc.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS -12
NOES- RUTECKI-1
FROM THE COMMISSIONER OF PARKS
No.42
Delta Sonic-Request Removal of Trees Blocking Sign
The two trees that are the concern of the Delta Sonic car Wash
at 1264 Main Street are 9 inch caliper Emerald queen maples. During June of
1990, our Department was approached by officials from the company regarding
branches that were allegedly obstructing the view of a gas price sign.
Incidentally, this sign was installed less than four years ago, whereas the
trees were planted during the early 1980's, through the auspices of the Niagara
Frontier Transportation Authority. At that time, Delta Sonic did not voice
their opinion about the tree planting.
On June 28, 1990, I wrote a letter to Mr. Ronald Benderson, President of
Delta Sonic, informing him that although the Parks Department would not allow
the trees to be removed, we did advise that trimming could be done under the
direction of the Parks Department Forester.
As of this date, Delta Sonic has not made an effort to trim the trees to
alleviate their tree/sign problem.
RECEIVED AND FILED
No.43
Use Delaware Park-China Democracy Rally
Item #235, C.C.P. April 16, 1991 Permit
Permit will be issued and bandshell will be reserved once we receive
assurances of security, clean-up, insurance for the event, and a check for the
bandshell.
REFERRED TO THE COMMlTTEE ON LEGISLATION
No.44
Bids-Citywide Tree Trimming - 1991
This Department prepared plans and specifications and advertised
for sealed proposals for the above project. Bids were opened and publicly read
at 11:00 AM on April 10, 1991 and were as follows:
NAME OF BIDDER:
AMOUNT OF BID:
ABC Tree, Shrub & Landscaping Service, Inc. $38,150.00
The Davey Tree Expert Co.
59,937.50
Advanced Tree Service, Inc.
60,250.00
C. Mays Tree Experts, Inc.
79,800.00
I hereby certify that ABC Tree, Shrub & Landscaping Service, Inc. is the
lowest responsible bidder and it is my recommendation that the low bid
submitted be accepted and the project be charged to account 60-I Parks 100-601
-012-00-583.
I hereby certify that the foregoing is a true and correct statement of
all bids received.
MR. FAHEY moved:
That the communication from the Deputy Commissioner of Parks dated April
22, 1991 be received and filed; and
That the Deputy Commissioner of Parks be and he hereby is authorized to
award a contract for city-wide tree trimming -1991 to ABC Tree, Shrub &
Landscaping Service, Inc., the lowest responsible bidder, in the amount of
$38,150.00, with said cost to be charged against Account 60-I Parks
100-601-012-00-583.
PASSED.
AYES-13 NOES-0.
No.45
Emergency Tree Work-Wind Storm
March 28, 1991
During the wind storm of March 28, 1991 (winds in excess of 60
m.p.h.), our Department received approximately 50 requests to handle emergency
tree work throughout the City. In order to restore conditions to normal,
within a reasonable length of time, two private tree service companies were
called in to assist Parks personnel in removing uprooted city owned trees.
The Davey Tree Expert Co. worked at the following addresses:
59. Gold St. - 20" diameter linden tree uprooting toward house. opposite 22
Olympic Ave. - 24" diameter maple tree uprooted. The cost of these removals is
$646.33.
C. Mays Tree Experts, Inc. worked at the following addresses: 330 Downing St. -
38" diameter maple tree uprooting toward house. 57 Weaver St. - 40" diameter
maple tree uprooting toward house. The cost of these tree removals is
$3,100.00.
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
No.46
Jones- Req. Date Next Police Class
Item #99, C.C.P. April 2, 1991
In response to the letter sent to Sharon Comerford - Administrative
Director of the Civil Service Commission, by one Ryan Jones, please be advised
that he is number 59 on the present minority list for Police Officer.
At the present time, because of financial constraints, we do not know
when the next police class will be appointed or how many candidates would be in
such class.
RECEIVED AND FILED
No.47
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P.. $104 of February 2, 1988, attached hereto please find
copies of the
following listed checks:
$8155-00087250 - 4,960.00 #8155-00087280- $3,797.00
#8155-00087245 - 1,506.00 #8155-00087279-$1,464.00
$8155-00087236 - 1,035.00 #8155-00087278- $879.00
$8155-00087233 - 1,090.00 #8155-00087277- $2,001.00
$8155-00087223 - 2,700.00 #8155-00087274- $4,888.00
$8155-00087221 - 766.00 #8155-00087262 $1,561.00
$8155-00087288 -1,350.00 #8155-00087257- $4,080.00
$8155-00087283 -8,500.00 #8155-00087256- $1,195.00
$8155-00087326 -2,580.00 #8155-00087321- $1,050.00
$8155-00087314 -8,246.00
TOTAL $53,648.00
These checks were received by this department and duly deposited in Trust
& Agency Account $630-065-271-00-000.
RECEIVED AND FILED
No.48
Approve Retroactive Appointment Date
Kindly verify the promotion of Police Officer Randie Joseph to
the position of Police Lieutenant effective 8-7-89. The promotion was granted
by an arbitrator's award retro-active to 8-7-89. We need to get your
verification as payroll audit refuses to issue a retro-active check for him.
As this is an arbitrator's award, we have no option but to pay Lt. Joseph.
MR. FAHEY moved:
That the communication from the Commissioner of Police be received and
filed; and
That the promotion of Police Officer Randie Joseph to the Civil Service
Rank of Lieutenant, effective August 7, 1989, pursuant to the award of an
arbitrator appointed under the arbitration provisions of the Collective
Bargaining Agreement between the City of Buffalo and the Police Benevolent
Association (PBA), be, and it hereby is, ratified, confirmed and approved, and
the Comptroller be, and he hereby is, authorized to issue a check to P.0.
Randie Joseph for the difference in pay between Police Officer and Lieutenant,
retroactive to August 7, 1989.
PASSED
AYES-13 NOES-0.
No.49
Request Permission to Dispose of Radios
I respectfully request permission to dispose of 234 RCA 700 Mobile
radios by means of selling them to the highest bidder. They are old style
radios and have been replaced by newer radios and are no longer of any use to
our Department.
MR. FAHEY moved:
That the communication from the Commissioner of Police dated April 15,
1991 be received and filed; and
That the Commissioner of Police be, and ne hereby is, authorized to
dispose of 234 surplus, unused RCA 700 mobile radios, by selling them to the
highest bidder. This Council hereby finds and declares that said radios are no
longer needed for public use because they have been replaced by later models.
PASSED
AYES-13 NOES-0.
No.50
Request to rename portion of St. Stephen's Place
Item #54, C.C.P. April 16, 1991
After reviewing available data, I concur with the findings of
Lt. Richard Skorka and find that the street name should be changed as the
street in question is not contiguous to St. Stephen's Street, so it should have
its separate identity.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF FIRE
No.51
Claim for Back Pay -
former Fire Lieutenant
Raymond A. Ostolski
Listed below is a breakdown by fiscal year of the salary for former
Fire Lieutenant Raymond A. Ostolski which was due him under section 207-A of
the General Municipal Law and was never paid.
Year Salary Longevity Total Retirement Benefits 207-A Amount
74-75 $13,930 - $13,930 $11,891.34
$631.15
75-76 $14,895 400 $15,295 $11,891.34 $
3,403.66
76-77 $14,895 600 $15,495 $11,891.34 $ 3,603.66
77-78 $11,651 600 $18,251 $11,891.34 $ 6,359.66
78-79 $18,323 600 $18,923 $11,891.34 $ 1,031.66
79-80 $19,055 600 $19,655 $11,891.34 $ 1,163.66
80-81 $20,522 600 $21,122 $11,891.34 $ 9,230.66
81-82 $21,911 600 $22,511 $11,891.34 $10,625.66
82-83 $23,013 600 $23,613 $11,891.34 $11,121.66
83-84 $23,934 600 $24,534 $11,891.34 $12,642.66
*84-85 $24,652- $11,891.34
$ 1,153.11
TOTAL 2071-A AMOUNT
$74,161.80
*Mr. Ostolski was in the 384-D Pension Plan and therefore not entitled to
benefits under Section 207-A after August 3, 1984 when he became 62 years old.
REFERRED TO THE COMMITTEE ON CLAIMS.
No.52
Diesel fumes at 114 Leroy Street
Item # 217, CCP 4/16/91
Please find attached correspondence regarding the captioned subject.
The complaintant, Mr. Adrian Benton appears to agree with this arrangement.
Also please note, the fuel pump was never located inside the firehouse,
as this is prohibited by the fire code, but was previously located between the
overhead door on the exterior of the firehouse.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No.53
Rescind Sale of Premises - 1407 Fillmore -
Avenue - Division of Real Estate - Results of Negotiations: Purchaser -
Muhammad's
Study Group #23
[Item No. 138 C .C.P. , July 11,1989)
By the above-mentioned item, Your Honorable Body authorized the
sale of the premises briefly described as above to: Muhammad's Study Group #23.
The group through their attorney, Franklin R. Pratcher, 1133 Kensington
Avenue, Buffalo, New York 14215, has not responded to communications from the
Law Department to effect transfer of said property. Said group was properly
informed regarding forfeiture of their deposit of Four Hundred Sixty Dollars
($460.00). Therefore, I request Your Honorable Body to authorize the rescission
of the sale, forfeiture of the deposit and return of the premises to inventory
for future sale.
Attached is an approving motion accomplishing this purpose.
REFERRED TO THE COMMITTEE ON FINANCE
No.54
RESCISSION OF SALE OF 175 MASTEN AVENUE-
By the above-mentioned item, Your Honorable Body authorized the
sale of premises briefly described as above to: SEVENTY-EIGHT RESTORATION CORP.
This corporation has not responded to communications from the Law
Department to effect transfer of said property.
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
REFERRED TO THE COMMITTEE ON FINANCE.
No.55
Authorize Termination of ECIDA Leases and PILOT Agreement
(Item 238, C.C.P.. , 4/16/91)
The above-referenced resolution requests the ECIDA to terminate
the leases of any companies whose Payment In-Lieu of Taxes Agreement
(P.I.L.O.T.) is more than six months in arrears, and requesting that all
remaining leases be amended to include a provision for penalties and interest
on late P.I.L.O.T. payments.
A meeting will be scheduled in the near future with the ECIDA, the
Department of Assessment and the Law Department to discuss methods of improving
the collection of delinquent P.I.L.O.T. 's. We will report to Your Honorable
Body on the progress of those talks.
RECEIVED AND FILED
No.56
The Shebeen, 252 Delaware Avenue,
Requests Permission to Install
Sidewalk Cafe
(Item No. 49, C.C. .P., 4/16/91)
The above-referenced communication from the Acting City Engineer
has been referred to the Committee on Legislation, the Planning Board and to
this office for comment.
It would be appropriate for Your Honorable Body to authorize the
Commissioner of Public Works to issue a "mere license" to the property owner to
install a sidewalk cafe, subject to the seven (7) conditions enumerated in the
above-referenced communication from the Acting City Engineer.
RECEIVED AND FILED
No.57
415 Sycamore Street - Request Permission to Encroach City Right-of-Way (Item
No. 48, C.C.P., 4/16/91)
The above referenced item has been referred to the Planning Board,
the Committee on Legislation and this office for comment.
It would be appropriate for Your Honorable Body to authorize the
Commissioner of Public Works to issue a "mere license" authorizing the property
owner to encroach the right-of-way, subject to the three conditions enumerated
in the above-referenced communication from the Acting City Engineer.
RECEIVED AND FILED
No.58
UPDATED VALUATION - 28 HERTEL COMMENTS PURCHASE 28 HERTEL
Item No. 110, C.C.P. 4/16/91 Item No. 57, C.C.P. 2/5/91)
The above-referenced item, an updated appraisal of the property
at 28 Hertel by Frank A. Pirritano Appraisals, Inc., stating the appraiser's
opinion that the value of the real property is $438,000, has been referred to
the Law Department for comment.
We call to the attention of Your Honorable Body the fact that the Capital
Budget appropriation for this project is only $400,000. We also call to your
attention the fact that the Commissioner of Administration and Finance wrote to
Your Honorable Body on January 3l, 1991 (Item No. 57, C.C.P., February 5, 1991)
declining to make additional funds available at this time.
Sections 511 and 512 of the City Charter provide that any resolution
authorizing the acquisition of real property must set forth the source of funds
therefore and recite the certification of the availability. Under the
circumstance, the funds are not available, and the Law Department is unable to
proceed with the acquisition of 28 Hertel, either by negotiation or through
condemnation.
As to the accuracy of the valuation set forth in the Pirritano Appraisal
dated April 2, 1991, the Law Department has no opinion at this time.
REFERRED TO THE COMMITTEE ON FINANCE
No.59
Women for Human Rights and Dignity Request to Purchase 8, 11, 29, & 31 Buell
and 544 and 546 Humboldt Parkway (Item No. 116, C.C.P., 4/16/91)
The above communication from Women for Human Rights and Dignity,
Inc., requests to purchase 8, 11, 29 and 31 Buell Street and 544 and 546
Humboldt Pkwy. for construction of 10 units of new housing under the Homeless
Housing Assistance Program.
The Comptroller's Office informs us that these parcels were acquired
through In Rem Foreclosure. Therefore, the proper procedure is to adopt a
committee report authorizing the Comptroller to negotiate a private sale,
pursuant to the policy which Your Honorable Body laid down under Item No. 198,
C.C.P., May 16, 1978.
REFERRED TO THE COMMITTEE ON FINANCE
No.60
Ordinance Amendment - Low Income Housing
(Item No. 214, January 22, 1991)
On February 11, 1991, at the request of the Committee on Legislation,
we wrote to the New York State Board of Equalization and Assessment requesting
a formal legal opinion from the Board's Office of General Counsel on the issue
of whether or not the City of Buffalo could enact the above-referenced
Ordinance Amendment granting exemption from real property taxes to low income
housing constructed pursuant to Article 18 of the Private Housing Finance Law,
but not grant such exemption to housing constructed pursuant to Article 19 of
the same law. It was our opinion, filed with Your Honorable Body on December
31, 1990, that such a distinction between the two programs could and should be
made, thereby confining the tax exemption to Article 18 housing, which is
subject to low-income limits.
I am transmitting herewith the opinion from the State Board of
Equalization and Assessment, which appears to agree with our conclusion that
the exemption can be granted to Article 18 housing while not granting it to
Article 19 housing.
REFERRED TO THE COMMlTTEE ON LEGISLATION
No.61
Amend Interim Lease with Sabres (Item No. 101, C .C.P. , 4/16/91; Item No.
182, C.C .P., 3/5/91)
The above-referenced communication from the Buffalo Sabres has
Seen referred to the Auditorium Task Force and to this Office for Comment.
This Honorable Body has approved a five-year Interim Lease with the
Buffalo Sabres. The Interim Lease provides that it can be extended with the
consent of both parties. The above-referenced correspondence from the Buffalo
Sabres expresses the Sabres' desire to wait until they receive the final
reports from their consultants before discussing the extension of the Interim
Lease. We understand that the consultant's report should be ready in June.
Discussions on extending the Interim Lease should be held in abeyance until
that time.
REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.62
J. Fitzgerald - Request to place an outdoor patio in rear of listing restaurant
at 16 Allen Street.
Item No. 119. C.C.P., April 16, 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 April 23, 1991 be received and filed; and
That Item No. 119, C.C.P., April 16, 1991 "J. FITZGERALD -REQUEST TO
PLACE AN OUTDOOR PATIO IN REAR OF EXISTING RESTAURANT AT 16 ALLEN 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.63
E. Flynn - Request to add a one-story addition to an listing restaurant at 229
Lexington.
Item No. 120, C.C.P., April 16, 1991
Attached for your review is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated April 23, 1991 be received and filed; and
That Item No. 120, C.C.P., April 16, 1991 "E. FLYNN-REQUEST TO ADD A
ONE-STORY ADDITION TO AN EXISTING RESTAURANT AT 229 LEXINGTON" 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.64
T. Mineo - Application to place a sidewalk cafe in the right-of-way at
1234-1236 Hertel Avenue.
Item No. 122, C.C.P., April 16, 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 April 23, 1991 be received and filed; and
That Item No. 122, C.C.P., April 16, 1991 "T. MINEO -APPLICATION TO PLACE
A SIDEWALK CAFE IN THE RIGHT-OF-WAY AT 1234-1236 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 (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.65
Public Works - Request to place a sidewalk cafe in the right-of-way of 177
Hodge.
Item No. 38, C.C.P., April 2, 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 April 23, 1991 be received and filed; and
That Item No. 38, C.C.P., April 2, 1991 "PUBLIC WORKS-REQUEST TO PLACE A
SIDEWALK CAFE IN THE RIGHT-OF-WAY OF 177 HODGE" 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.66
W. Weaver - Request to encroach onto the right-of-way of 415 Sycamore with
doors.
Item No. 48, C.C.P., April 16, 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 April 23, 1991 be received and filed; and
That Item No. 48, C.C.P., April 16, 1991 "W. WEAVER-REQUEST TO ENCROACH
ONTO THE RIGHT-OF-WAY OF 415 SYCAMORE WITH DOORS" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. 'Therefore, this Common Council issues a
negative declaration.
ADOPTED
No.67
Acquisition for Parking
Polish Community Center
#247, C.C.P. 10/30/90
Please be advised that the acquisition prices negotiated by the
Department of Audit and Control, Division of Real Estate are within the
parameters of independent appraisals and, in the aggregate, leave sufficient
funds in the project account for related demolition and construction.
RECEIVED AND FILED
No.68
1420 Main Street
Item 1/120 CCP 4/16/91
You have asked for my comments regarding Community Services' proposal
for 1420 Main Street. Due to the nature of the funding included in their
proposal, I would defer to Commissioner Schollard on the feasibility of this
proposal.
REFERRED TO THE COMMITTEE ON FINANCE
No.69
28 Hertel Ave.
Item #110 CCP 4/16/91
You have requested my comments regarding the update appraisal
for 28 Hertel. Please be advised that the $438,000 appraisal is in excess of
the bond funds available for both City acquisition and development of this
property.
REFERRED TO THE COMMITTEE ON FINANCE
No.70
Erie County IDA - Request to place a ground sign at 369 Franklin Street.
Item No. 117, C.C.P., April 16, 1991
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
REFERRED TO THE COMMlTTEE ON LEGISLATION
No.71
Admiral's Walk - Request to place a non-illuminated ground sign at 210 Lake
front Blvd.
Item No. 118, C.C.P., April 16, 1991
Attached is the Short Environmental Assessment Form for the project
referenced above.
REFERRED TO THE COMMlTTEE ON LEGISLATION
No.72
P.B.B. USA Inc. - Application to erect a non-illuminated accessory ground sign
at 434-438 Delaware.
Item No. 121, C.C.P., April 16, 1991
Attached for your information is the Short Environmental Assessment
Form for the project captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.73
Virginia Street New Housing Project Amendment to Land Disposition Agreement
Atkin Construction Corp., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Atkin
Construction Corp., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject project.
The Agency has also determined that the proposed Amendment to Land
Disposition Agreement (LDA) negotiated by the Agency and the Redeveloper is
satisfactory.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving Amendment to 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.74
Community Wide Urban Renewal Homestead Program
Michigan Avenue In-Fill Housing Project
1264-1268, 1272-1274, 1281-1283 & 1317-1319
Michigan Avenue
Belmont Shelter Corp., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Belmont
shelter Corp. , 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 provisions 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.75
"Roll-over" of $200,000 from FY 1990 to FY 1991 to the State of New York
Division of Housing & Community Renewal of Low Income Housing Tax Credits.
This item is to notify the Common Council that the Department
of Inspections & Community Revitalization will be requesting a $200,000 roll
over from N.Y. S. D.H.C.R. for Low Income Housing Tax Credits.
The attached Qualified Allocation Plan is identical with the plan
approved last year by the Common council and the Buffalo Urban Renewal Agency.
Since all program documents are identical to those previously approved by
the Council and no additional dollars are being allocated; formal approval of
this roll over request is not required by New York State's Division of Housing
& Community Renewal.
N.Y. S. D.H.C.R. has already designated the City of Buffalo Department of
Inspections and Community Revitalization as a 1991 State of New York Low-Income
Housing Credit Agency.
Additionally, the Department of Inspections and Community Revitalization
will notify the Common council and B.U.R.A. when any applications are made to
utilize the tax credits available.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.76
[ASBESTOS REMOVAL ON THE PROPERTY [KNOWN AS SCHOOL NO. 48 -124 EDNA PLACE
CCP FEBRUARY 19, 1991 ITEM NO. 63
Due to the hazardous condition of the above-stated property, bids
were solicited on February 6, 1991 for the removal of the friable asbestos.
The lowest, responsible bidder is Buffalo Asbestos, 255 Great Arrow Avenue,
Buffalo, New York in the amount of $17,700.00. A variance was applied for and
approved by the New York State Education Department. Conformance to this
variance would cost approximately $25,000.00. A pre-demolition asbestos survey
and a bid for the removal of the non-friable asbestos was obtained from Buffalo
Asbestos. The bid for this removal would be an additional cost of $6,000.00.
Therefore, the total cost for the asbestos removal is $23,700.00. This will
insure compliance with State Rule No. 56. We, therefore, respectfully request
that upon approval by your honorable body and inspections made by this
department, that the cost of the project be charged to this department's
Capital Outlay Account #100-241-085-00-900.
MR. FAHEY moved
That the communication from the Commissioner of Inspections and Community
Revitalization dated April 17, 1991 be received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
he hereby is, authorized to award a contract to Buffalo Asbestos, 255 Great
Arrow Avenue, for removal of friable asbestos from School 48 at 124 Edna, in
the amount of $l7,700, and for the removal of non-friable asbestos from School
48 in the amount of $6,000, for a total contract cost of $23,700, with the cost
of the project to be charged to the Department's Capital Outlay Account,
#100-241-085-00-900.
PASSED.
AYES-13 NOES-0.
No.77
SIEGEL/KELLEHER/KAHN REQUEST TO SUSPEND ORDINANCE - 420 FRANKLIN ST.
ITEM NO. 102, C.C.P. 4/2/91
Please be advised the ordinance suspension being applied for by
Siegel, Kelleher and Kahn, is for the non-conforming items of height and area
limitation, and construction of a two hour rated enclosure with sprinkler
protection.
At this time our records show no plans were filed or "use" permits issued. No
Certificate of Occupancy was issued for the current use of this building.
Matthew M. Baudo, Deputy Director of Buildings has been in communication with
George J. Fiani R.A. Senior Architect, Dept. of State. Compliance can only be
achieved through issuance of a use permit and subsequent Certificate of
Occupancy.
REFERRED TO THE COMMITTEE ON LEGlSLATION
No.78
CERTIFICATE OF APPOINTMENT
Appointment to become effective 4/24/91 in the Department of Inspections
& Community Revitalization, Division of Housing and Property Inspections,
Charles H. Phillips, 34 Dundee, Buffalo, N.Y. 14220, to the position of Chief
Building Inspector, Permanent, at the starting salary of $30,838.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.79
CERTIFICATE OF APPOINTMENT
Appointment to become effective4/24/91 in the Department of Inspections
& Community Revitalization, Division of Housing and Property Inspections,
Samuel W. Phillips, 120 Rebecca Park, Buffalo, N.Y. 14207, to the position of
Chief Building Inspector, Permanent, at the starting salary of $30,838.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.80
Pratt/Willert Center
Item #57 Com. 55 CCP - 1/30/91
In reply to the above referenced request, the revenue received
by the City for Pratt Willert rental for the period January l, 1991 to April
15, 1991 is $3,100.00. A breakdown of the above revenue is attached.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.81
CERTIFICATE OF APPOINTMENT
Appointment to become effective 4/24/91 in the Department of Human
Resources, Division of Substance Abuse Services, Joseph Mazza, 238 Albany St.,
Buffalo, NY. 14213, to the position of Counselor III, Provisional, at the
starting salary of $23,097. Department of Human Resources
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No.82
Bids-Surplus Equipment
Street Sanitation Department
On April 23, 1991, the Department of General Services accepted
sealed bids for the sale and disposal of surplus equipment from the Department
of Street Sanitation.
Attached are photographs of the equipment and a summary sheet of all bids
received.
We request your approval to dispose of this equipment to the high bidder
as indicated on the summary sheet.
MR. FAHEY moved:
That the communication from the Commissioner of General Services dated
April 24, 1991 be received and filed; and
That the Commissioner of General Services be and he hereby is authorized
to dispose of the surplus City equipment listed in his communication of April
24, 1991 to the highest bidder for each item as listed in that communication.
PASSED.
AYES-13 NOES-0.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.83
J. Dipersio, MD - Medical Report on
A. DiPiano - Item #93, CCP 4/2/91; and,
R. Jones - Req. Date Next Police Class
Item #99, CCP 4/2/91
This is in response to your request for information regarding
the above-mentioned items.
In the matter of Anthony DiPiano, please he advised a decision is still
pending. Upon final determination, you will he notified of the same.
Relative to Ryan Jones' request, the Commission noted Mr. Jones' original
position on the eligible list for Police Officer was # 623, he is currently
approximately #59 on the eligible list for minority candidates. The Commission
is not aware if and when another class of recruits will he selected from the
existing eligible list for Police Officer.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF EDUCATION
No.84
REAPPORTIONMENT OF CITY SCHOOL SUBDISTRICTS
Please distribute to each of the Members of the Buffalo Common
Council, the attached copies of a letter from the city of Buffalo Law
Department to the Board of Education.
The subject matter is concerning the Reapportionment of city School
Subdistricts.
Thank you for your cooperation.
RECEIVED AND FILED.
FROM THE CITY CLERK
No.85
Permission to Trade-in Used
Sound System Equipment
Permission is requested to trade-in salvageable sound equipment
(e.g. microphones) from the Council Chambers, when the new system is installed.
The allowance for this trade-in will be incorporated in the bid specifications.
Your attention is this matter is appreciated.
MR. FAHEY moved:
That the Communication from the City Clerk dated April 24, 1991 be
received and filed; and
That the City Clerk be, and he hereby is, authorized to trade in
salvageable sound equipment from the Common Council Chambers when the new sound
system is installed, and to incorporate such trade-in in the bid
specifications.
PASSED
AYES-13 NOES-0.
No.86
APPOINTMENT TO THE CHILD CARE TASK FORCE
I transmit the following appointment(s) to the CHILD CARE TASK
FORCE:
NAME APPOINTED BY
Mary Randolph Councilmember-at-Large Bell
Mr. Fahey moved to approve the appointments listed above. ADOPTED.
No.87
Notification of Disposition of City Records
The following department has requested to dispose of city records
as indicated on the attached for:. I have authorized the disposition of these
records in my capacity as City Records Management Officer.
RECEIVED AND FILED.
No.88
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Human Resources- B. Warren-Jones, G. Smith, R. Harris, G. Collins
RECEIVED AND FILED.
No.89
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
241 Ashley St. Robert Kuntz
662 Hertel Ave. Haney's V. & M. Giamo
1234 Hertel Ave. Mineo's T. Mineo
233 Lombard St. A. Adamczyk
RECEIVED AND FILED.
No.90
Leaves of Absences without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in various departments as listed:
Police- B. Garrett, P. Quigley, S. Banmally
RECEIVED AND FILED.
No.91
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Parking
Buffalo Sewer Authority
City Planning Board
Home Improvement Advisory Board
Zoning Board of Appeals
RECEIVED AND FILED.
No.92
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF STADIUM AND AUDITORIUM
Appointment to become effective 4/15/91 in the Department of Stadium
and Auditorium, Division of Pilot Field, John P. O'Leary, 397 Abbott Rd.,
Buffalo, N.Y. 14220, to the position of Laborer, Seasonal, at the starting
salary of $5.98.
Appointment to become effective 4/19/91 in the Department of Stadium and
Auditorium, Division of Pilot Field, Thomas W. Halbert, 117 Stevenson St.
Buffalo, N.Y. 14220, to the position of Laborer I, Seasonal at the starting
salary of $5.98/hr.
Appointment to become effective 4/25/91 in the Department of Stadium and
Auditorium, Division of Pilot Field, Albert J. Maloney, 51 Trowbridge St.
Buffalo, N.Y. 14220, to the position of Laborer I, Seasonal, at the starting
salary of $5.98/hr.
FROM THE MAYORS OFFICE FOR SENIOR CITIZENS
Appointment to become effective 5/6/91 in the Department of Executive,
Division of Senior Citizens, Gail A. Marino, 10 Hertel Ave. Buffalo, N.Y.
14207, to the position of Senior Citizen Specialist, Permanent, at the starting
salary of $19,411.
FROM THE COMMISSIONER OF PUBLIC WORKS
Appointment to become effective 4/15/91 in the Department of Public
Works, Division of Engineering, to the position of Bridge Operating Engineer,
Seasonal, at the starting salary of $7.02/h
r
William J. Patterson, 116 South St., Buffalo, N.Y. 14204
Donald J. Poleto, 88 Payne Ave., Buffalo, N.Y. 14220
Appointment to become effective 4/22/91 in the Department of Public Works,
Division of Engineering, Joseph M. Masi, 93 Baxter St. Buffalo, N.Y. 14207, to
the position of Bridge Operating Engineer, Seasonal at the starting salary of
$7.02/hr.
Appointment to become effective 4/12/91 in the Department of Public Works,
Division of Buildings, James P. Gallagher, 161 Bloomfield Ave. Buffalo, N.Y.
14220, to the position of License Inspector, Temporary, at the starting salary
of $11.26/hr.
FROM THE COMMISSIONER OF PARKS
Appointments to become effective 4/22/91 in the Department of
Parks, to the position of Fee Collector, Seasonal, at the starting salary of
$4.56/hr.
Charles Agro 56 Parkside Buffalo 14216
Walter Burshtynski 126 Bird Avenue Buffalo 14213
Eugene Cullen 90 Leddy Street Buffalo 14210
Santo DiBella 21 Knox Buffalo 14216
Eugene Heftka 30 Warren Avenue Buffalo 14212
James Hillery 141 Carlyle Buffalo 14220
Thomas Lynch 54 Ashton Buffalo 14220
Stanley Murak 1080 Kensington Avenue Buffalo 14215
James Neary 33 0kell Buffalo 14220
Appointments to become effective 4/15/91 in the Department of Parks, to the
position of Laborer II, Seasonal, at the starting salary of $6.65/hr.
John Fracos 21 Peroria, Buffalo, N.Y. 14207
Brian Hayes 795 McKinley, Buffalo, N.Y. 14220
Appointments to become effective4/24/91 in the Department of Inspections and
Community Revitalization, Division of Community Revitalization, to the position
of Rehabilitation Construction Analyst, Permanent, at the starting salary of
$30,042.
Frank A. Rossi 114 Woodside Ave., Buffalo, N.Y. 14220
Steven Woroniak 59 Blantyre Rd., Buffalo, N.Y. 14216.
FROM THE COMMISSIONER OF HUMAN RESOURCES
Appointment to become effective 4/12/91 in the Department of Human Resources,
Division of Youth, to the position of Attendant, Temporary at the starting
salary of $4.25/hr.
Ellen Kruzynski 125 Goodyear, Buffalo, N.Y. 14212
Elise- Jablonski Wright 86 Peck, Buffalo, N.Y. 14212
Appointment to become effective 4/15/91 in the Department of Human Resources,
Division of Youth, Linda Waters 50 B Carolina, Buffalo, N.Y. 14201, to the
position of Attendant, Temporary, at the starting salary of $4.25/hr.
Appointment to become effective 4/19/91 in the Department of Human Resources,
Division of Youth, to the position of Attendant, Temporary, at the starting
salary of $4.25/hr.
Jeffrey Belford 2048 Niagara St., Buffalo ,N.Y. 14207
Chris Brown, Jr. 101 Goemble, Buffalo, N.Y. 14211
Kelly Dargavel 58 Brost, Buffalo, N.Y. 14220
Eric Martin 130 Vermont, Buffalo, N.Y. 14213
Appointment to become effective 4/19/91 in the Department of Human Resources,
Division of Youth, Renita Cohill 82 Oxford, Buffalo, N.Y. 14209, to the
position of Lifeguard, Temporary, at the starting salary of $4.33/hr.
FROM THE COMMISSIONER OF GENERAL SERVICES
Appointment to become effective 4/15/91 in the Department of General Services,
Division of Inventory and Stores, Dennis Vitale 143 Saranac Ave., Buffalo, N.Y.
14216, to the position of Laborer II, Seasonal, at the starting salary of
$6.65/hr.
Appointment to become effective 4/22/91 in the Department of General Services,
Division of Inventory and Stores, Walter J. Polak 67 Koons Ave., Buffalo, N.Y.
14212, to the position of Laborer II, Seasonal, at the starting salary of
$6.65/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.93
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Revised Vacant Parcel List - Neighborhood Commercial Land Bank
The City Comptroller's office initially identified 341 vacant
City owned parcels eligible for inclusion in the proposed Neighborhood
Commercial Land Bank. Upon review by the City Planning Division, 25 parcels
were found to be zoned residential. These were removed from the list. An
additional 10 parcels with odd shapes triangles
narrow strips) were also removed from the list.
Attached is a revised Comptroller's list of 306 parcels which The Buffalo
Enterprise Development Corporation recommends as constituting the initial Land
Bank inventory to be purchased by BEDC for $500,000 or an average of
$1,633.98/parcel.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.94
CITIZENS CAMPAIGN FOR THE ENVIRONMENT
Request to Conduct Canvass in City
The Citizens Campaign for the Environment was founded In 1985
as a non-profit organization by private citizens concerned with ensuring
everyone's right to a healthy environment. We will be opening an office in the
Buffalo area as of May 1, 1991. We are registered with New York State
Department of Charity. The purpose of the Citizens Campaign is to protect the
air and water resources of New York State communities.
To achieve these goals, the Citizens Campaign engages in research,
lobbying, and public education on key environmental issues. As part of the
public education process, the Citizens Campaign conducts a full time canvass
throughout New York State. The canvass Informs the public on key environmental
issues as well as disseminates fact sheets, petitions, and fund raises.
The Citizens Campaign anticipates working in your community not before
May 1, 1991 and no later than September 31, 1991. The canvass will be conducted
between 4:00 PM and 9:00 PM, when most adults are home. Prior to the start of
our canvass, we will drop a list of names and social security numbers of all
authorized representatives at the appropriate police departments.
Our office In Buffalo is still under construction. If you have any questions,
please don't hesitate to call me at (516) 360-0480. I would request that you
respond in writing for my records to our Smithtown office. Thank you for your
prompt attention on this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No.95
HISPANIC TASK FORCE
REAPPORTIONMENT PLAN
Attached, for your review, is a reapportionment proposal submitted
by Hispanics for Fair and Equitable Reapportionment. The package includes a
proposal narrative, Niagara District breakdown, and a citywide breakdown of
Council Districts based on the map presented by the Hispanic organization.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.96
CITIZENS ADVISORY COMMITTEE ON REAPPORTIONMENT
FINAL REPORT
Attached please find:
1) Minutes of the April 29, 1991, Reapportionment Committee meeting. These
minutes reflect the various proposals and votes on the proposals.
2) The approved reapportionment proposal favored by a 6-3 vote of the
committee. It includes a map and district population statistical breakdown.
3) Also included is the proposal submitted' by the Masten/Ellicott
subcommittee.
The Hispanic proposal is submitted as a separate item.
On behalf of the Citizens Advisory Committee on Reapportionment, I submit
these items for your review.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No.97
JAMES PITTS
REAPPORTIONMENT PROPOSAL
Attached please find a reapportionment proposal for the nine city
of Buffalo Council Districts. I submit it for your consideration.
REFERRED TO THE COMMITTEE OF THE WHOLE
No.98
MICHAEL MONACO
Waive Interest-Sidewalk Assessment
1660 Kenmore Ave.
I have been informed of my responsibility to pay for the sidewalk
of 1660 Kenmore and the interest that has been incurred. However, I feel the
interest should be waived in this matter because I was going through the
process of trying to get this bill paid for by the previous owner when this job
took place.
I have been unsuccessful to this point but I am willing to pay the
original amount and have the interest waived.
I appreciate all that you can do for me in this matter. I can be
contacted at 876-9007, 172 North Park.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
COMMISSIONER OF PUBLIC WORKS.
No.99
NEIGHBORS TO KEEP THE FOREST ON FOREST
Designate Elmwood/Grant Park Approach
Neighbors to Keep the Forest on Forest is a citizens group that
formed last year in response to the plan by the City's Department of Public
Works to construct a parking lot on the north side of Forest Avenue between
Richmond and Elmwood Avenues. We were concerned about the impact this action
would have on a part of our neighborhood that is very important to us. We
circulated petitions and held public meetings to inform other residents and
people who work in this area about the proposed parking lot. The response was
overwhelming in support of keeping this green space on Forest Avenue and
encouraging the City to seek other solutions to the parking problem.
To help protect this area from any future plans for parking lots or other
developments, we ask that the Common Council consider the following:
That the area in question, bounded by the north curb line of Forest Avenue, the
property line of the Buffalo Psychiatric Center, Elmwood Avenue and Grant
Street, be designated as a dedicated park approach pursuant to the powers
granted to the Common Council in Article 11, Section 203, and placed under the
jurisdiction of the Department of Parks of Buffalo, by amending Section 309-31
of the Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS, THE
COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
No.100
NEW YORK TELEPHONE
Illegal Phone- I229 Hertel Ave.
ITEM # 112, C.C.P. APRIL 16, 1991
Regarding your letter of April 17th attached. The telephone in
question is not the property of New York Telephone.
This privately owned instrument was not installed through the offices of New
York Telephone or its agents.
In as much as no permit was issued by Mr. Nasca's office, the telephone is in
violation of certain codes of the city and should be subject to removal by the
company that installed it.
If you have any further questions, please don't hesitate to call.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.101
NlCHTER UTILITY CONSTRUCTION COMPANY INC.
Extend Bid Guarantee on
War Memorial Project
Nichter Utility Construction Co., Inc., respectfully submits our
guarantee of our bid proposal for the above referenced project for an
additional sixty (60) days to provide the City of Buffalo additional evaluation
time for the award of this Contract to us.
In our opinion, we would like to point out that substantial sums of money have
been spent by both, Nichter Utility Construction Co., Inc., to prepare and
submit a bid proposal, and by the City of Buffalo for Architectural and
Engineering Services for this project, and not to go forward with construction
would be a grave injustice.
Also, please note that a project such as this requires time after construction
is complete to properly establish turf and landscaping. Therefore, in order to
be ready for use in 1993, it must be completed in 1992.
In view of the above, we trust the sixty (60) day extension will allow the City
of Buffalo sufficient time to move forward with the award of this Contract.
Please contact this office should you require any additional information
regarding this project. Your early response will be appreciated.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
No.102
CARL A. PECORA
Sidewalk Assessment-
914 Elmwood Ave.
On 4/19/91, I spoke to David P. Rutecki, the North District Council
member on the following matter. He suggested that I write to you.
As far back as June, 1982 and as recently as Dec. 1990, city trucks and
heavy equipment as well as utility trucks and heavy equipment, have parked on
the sidewalk of my Elmwood Ave. property on the Delavan side. Consequently,
much damage was done to the walk. Most of the damage was done, to the best of
my recollection, after 1982 when the Buffalo Sewer Authority constructed the
Scajaquada Tunnel Interceptor work at the Elmwood and Delavan intersection.
When this work was completed, the side walks on the entire intersection were
replaced; except the walk for the Delavan side of 914-916 Elmwood. The reason
stated to me was that other work had to be done in the sidewalk area. About
1988 the walk was replaced, and I learned that the cost was attached to my city
tax bill. I thought this to be very unfair and I contacted Councilman Rutecki
about it. He had the walk bill set aside so that I could pay my city tax which
I did. Now as of March 15, 1991 I have again been billed for it through the
Dept. of Audit and Control.
The original bill was $2,104.70 and now has increased to $2,670.78, the
difference being interest and penalty. So it seems that the clock is still
running on this bill, and even though I thought it was set aside, it still has
not been resolved. I spoke to David Rutecki, Walter Flynn and Bridgette Carpino
about this matter. They all seem to think that perhaps this letter may be
helpful in re-opening this matter, and perhaps bring it to a conclusion. My
fears now are that trucks and other equipment still park on the walk and that
the matter may start all over again and I will be compelled to pay for damages
that I have no control over. I can document most of the events described with
photos and letters of correspondence over the past 8 years. The current bill is
due April 30th. I would much appreciate hearing from you as soon as possible.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE THE BUFFALO SEWER AUTHORITY THE
COMMISSIONER OF PUBLIC-WORKS AND THE COMMISSIONER OF ASSESSMENT.
No.103
PEOPLE, INC.
10-BED COMMUNITY RESIDENCE/SUPERVISED APARTMENT, 205-207 SHOSHONE STREET,
BUFFALO
As provided in Section 41.34 of the Mental Hygiene Law (copy enclosed),
please consider this letter as formal notification of the interest and intent
of People, Inc. to establish a 10-bed supervised Community Residence for
developmentally disabled adults in the city of Buffalo, New York.
We have identified a location that we feel would be very suitable for a
Community Residence/Supervised Apartment, at 205-207 Shoshone Street, and we
have been in touch with Councilman Amos in regards to the development of this
project.
William L. Long Associates will complete preliminary architectural plans for
the facility in accordance with local, state and federal guidelines. Enclosed,
please find a fact sheet outlining the specific nature, size and community
support requirements of the proposed building. Also, please find the Congregate
Care Level II Facility listing for Erie County.
We look forward to discussing this project with you and your Town Councilmen.
Please feel free to contact either my office or William Bergmann, Director of
Program Operations, at 838-4444 if A. Bermingham further information would be
helpful at this time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.104
Buffalo Police Benevolent Association, Inc.
Accept Appointment to
Reorganization Commission
Please be advised that I accept appointment to the Police Reorganization
Commission representing the interests of the Buffalo Police Benevolent
Association and our 995 members.
REFERRED TO THE POLICE REORGANIZATION COMMISSION.
No.105
PUBLIC ACCESS POLICY BOARD
Questions on TCI Franchise Agreement
At our regular Policy Board meeting of April 22, 1991, we received
the enclosed information. I have been directed by the Board to refer this
information to you, with the following question:
"Is there a formal mechanism currently in place in the city to address these
questions, and do these questions affect the current TCI/City Franchise
Agreement?"
In addition, I have been informed that Rita Hunt, appointed by Rose LoTempio,
has resigned from the Policy Board effective immediately.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.106
SHEA'S BUFFALO CENTER
FOR THE PERFORMING ARTS
Mem. Leg. User Fees - Sports/Entertainment
This letter is written in response to your request for a statement
regarding the subject matter. We support this type of special-purpose fee
versus a user tax. We think that the specific venue involved should collect
the user fee and spend it for the purpose for which it is collected. The
special purpose fee should only be assessed with the approval of the City.
Each individual venue, whether it be Shea's, Pilot Field, Kleinhans, Memorial
Auditorium or any other City owned facility for that matter, should have the
right, with the approval of the city, to assess a special purpose fee.
It is our feeling that the funds should go into a special trust account,
controlled by our Board of Trustees. We will treat the revenue and
expenditures in a separate fund. The fund will be audited by our independent
accountants as part of our normal annual audit. We will send periodic
statements to the City, which will provide an accounting of the monies that
have been collected from the various tickets to the shows and an accounting
also of the funds that have been spent and the purpose for which they were
spent.
It is our feeling that in this way, we will be able to implement the proper
user fee and not impact negatively our ticket sales. We also feel that any
monies collected will help to reduce the funds that we will require from the
City for capital expenditures, repair and maintenance expenditures and any
special restoration projects.
We are available to sit down with members of the Committee to discuss this
response.
REFERRED TO THE COMMITTEE ON FINANCE
No.107
KENNETH SHERMAN
Additional Comments BCT Renovation
Yesterday I and Linda Pollack of BCTV appeared before the Ethics
Board. They were the most appropriate party to hear the concerns which I
raised and I thank you for your consideration in this matter. I enclosed a
summary letter of our presentation which I gave to the chairman.
In addition, I enclose an analysis done by Foit-AIbert Associates of the
cost estimates done by BCT, to renovate 3,000 square feet ($16,500, or $5 a
square foot.) without factoring in heating/cooling/ventilation costs, they
estimate the bare minimum costs at nearly $45,000, or $15 a square foot.
Generally, you can easily double that for a heating/cooling/ventilation system.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.108
UNITED STATES ATTORNEY'S OFFICE
Ticket Sales by Police
This is in response to your inquiry dated April 17, 1991. At
the Common Council's request, I have reviewed their resolution regarding the
legality of ticket sales for Robert Delano by on-duty Buffalo Police Officers
and have reached the following conclusion.
There is no federal offense applicable to the alleged activities of the
Buffalo Police Officers. Therefore, this alleged activity is not within my
prosecutorial jurisdiction as the United States Attorney. Given these facts,
my office will not be pursuing an investigation in this matter.
A state offense that prohibits certain political activities is New York
State Civil Service Law Section 107 which is also not within the prosecutorial
jurisdiction of the United States Attorneys Office/.
If there is any other question you may have regarding this matter, or any
other, please feel free to contact me. Thank you.
RECEIVED AND FILED.
No.109
WILLIAM WRIGHT
Restore Covered Water Shut-off 31 Kingsley St.
Mr. Collins when the fire house was built on Kingsley Street,
the sidewalks was broken up and new one put in. Also new pipes was put in. The
gas and water division was involved. What I want to say is that when the
sidewalks and ground was reseeded the water shut off in front of our house was
covered up. For a whole year we have been trying to get someone to locate the
shut off valve if there is one. So far it is still covered.
The water company says it was the gas company, and the gas company blames the
water company. Who ever is the blame, it is not helping the situation.
If there is water coming in our basement there would be no way to shut it off.
Something have to be done now. So if you can help us settle this matter we
would be so thankful.
We pay our taxes on time every year why dont the city do what they should do.
If you can't help us perhaps if we call in "call for action" they can do
something.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS
PETITIONS
No.110
F.Turgeon, owner, petition to use 3403 Bailey Avenue for an outdoor patio on
the front of an existing restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.111
D. Alfieri, owner, petition to use 1669 Hertel Avenue for an outdoor cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.112
Mobil Oil Corp., owner, petition to use 1 Babcock Street to
construct a new truck loading rack for tanker trucks.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.113
Siegel, Kelleher and Kahn, owners, petition to use 420 Franklin
Street for a ground sign for business identification.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.114
George Giarraffa and others-Complaints-Bar Operation-
34O5 Bailey Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
POLICE, THE STATE LIQUOR AUTHORITY AND THE ROUNDS STREET BLOCK CLUB.
No.115
L. Wilson, and others, support outdoor cafe-
1669 Hertel Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.116
SALARY ORDINANCE AMENDMENT
20 - DEPARTMENT OF POLICE
ITEM NO. 208, C.C.P., March 19, 1991
That the above salary ordinance amendment be, and the same hereby
is, approved.
PASSED
AYES-13 NOES-0.
No.117
Salary Ordinance Amendment/Police Department (CC)
(Item # 54 C.C.P. Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.118
Salary Ordinance Amendment/Police (Police)
(Item # 52 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.119
AUTHORIZE SECTION 384-e, SPECIAL 20 YEAR PLAN WITH
ADDITIONAL 1/60th
(Item No. 200, 01/22/91)
That the Common Council of the City of Buffalo does hereby elect
to implement the provisions of Section 384-e of the Retirement and Social
Security Law, and does hereby elect to pay the additional cost on account of
any member of its Police or Fire Department who duly elects to receive the
additional benefit after twenty years of creditable service provided for under
the provisions of Section 384-e of the Retirement and Social Security Law or
any subsequent amendments thereto, and that this election shall become
effective the 22nd day of January, 1991, or such earlier date as it is accepted
by the New York State Comptroller, and that the appropriate officers of the
City of Buffalo be, and they hereby are, authorized and directed to file the
appropriate executed and acknowledged form certifying this election with the
State Comptroller.
PASSED
AYES-13 NOES-0.
No.120
Authorize Special 20 Year retirement plan (A&F)
(Item # 56 CCP Feb 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.121
Authorize Special 20 year retirement plan/Police & Fire
(Item # 103 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.122
Early retirement option (COMPT)
(Item # 17 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.123
Approve Early retirement for eligible municipal employees (A&F)
(Item # 82 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.124
Local 264/ favors early retirement option
(Item # 106 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.125
Local 650/ favors early retirement option
(Item # 107 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.126
Delay appearance of Director of Drug Abuse before Council
(Item # 74 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.127
Background information/Director of drug abuse
(Item # 75 CCP Apr 2,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.128
R. Jones/request date of next police class
(Item # 99 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.129
Notices of appointments (C. Clerk)
(Item # 98 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.130
VETO - PILOT FIELD NAMING AGREEMENT
(Item No. 2, C.C.P., 4/16/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED
No.131
Pilot Air Freight/Status of Agreement
(Item # 109 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED
No.132
PERMISSION TO NEGOTIATE
28 Inter-Park, N 21 E Humboldt Pkwy.
Lot Size: 30' x 120'
Assessed Valuation: $450
(Item No. 26, C.C.P., March S, 1991)
That the Comptroller be, and he hereby is, authorized to negotiate
with Mr. Simone Jones of 239 Stockbridge for the private sale of 28 Inter-Park,
and report to this Honorable Body the results of said negotiation.
ADOPTED
No.133
Transfer Strip of Land/109 Lockwood (CC)
(Item # 50 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.134
TRANSFER OF STRIP OF LAND - 109 LOCKWOOD
(Item No. 27, C.C.P. 04/16/91)
That the Comptroller be, and he herby is, authorized to negotiate
with Joseph and Monica Sweeney the private sale of a strip of land 2' x 109' at
109 Lockwood, and report the results of said negotiations to this Common
Council.
ADOPTED
No.135
Return Auctioned Property/ 45 Edna (Compt)
(Item # 24 Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.136
Return Auctioned Property/ 45 Edna (CC)
(Item # 52 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.137
RECYCLED PAPER ORDINANCE
(Item No. 167, C.C.P., 2/19/91)
That the Department of Law is hereby requested to draft an Ordinance
Amendment which would require that all bid documents for paper and paper
products for use by the City include the specification that the paper be made
from a minimum of 10% post-consumer recycled fibers, and a total of 50%
recycled fibers; and
That a draft of this ordinance is requested to be filed with the City
Clerk.
ADOPTED
No.138
Bond closeouts (Compt)
(Item # 30 CCP Nov 27, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.139
Information/Bond Closeouts (PW)
(Item # 40 CCP Dec 11, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.140
Status/M.L. King Park Bond Funds (CD)
(Item # 48 CCP Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.141
Status/Various Bond Funds (CD)
(Item # 49 CCP Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.142
CLOSE-OUT OF UNISSUED BONDS
Item No. 80, C.C.P., December 26, 1990)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COLLINS moved:
That the above item be and the same hereby is received and filed.
ADOPTED
No.143
REVISED LIST OF BOND CLOSEOUTS
(Item No. 29, C.C.P., April 16, 1991)
That the above item be and the same is returned to the Common
Council without recommendation.
MR. COLLINS moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No.144
REQUEST REPORTS - STATUS HURD BOND ISSUE
(Item No. 197, C.C.P., April 2, 1991)
That the 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.
ADOPTED
No.145
Status of Hurd Bond Issue (Compt)
(Item # 30 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.146
Status of Hurd Bond Issue (A&F)
(Item # 83 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.147
Consent Order/Kingsley Park (resolve #3&4)
(Item # 202 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.148
Annual Financial Report/Ending 6/30 (Compt)
(Item # 15 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.149
Report of Audit/Dept. of Assmt/Payment in lieu of Taxes (Compt)
(Item # 24 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.150
Reply to Audit (Assmt)
(Item # 26 CCP Dec 11, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.151
P.I.L.O.T./Report of Audit Assessment (Compt)
(Item # 31 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.152
Report on Delinquent Pilot Accounts (Assmt)
(Item # 33 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.153
AUTHORIZE TERMINATION OF ECIDA
LEASES AND PILOT AGREEMENT
(Item No. 238, C.C.P.4/l6/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COLLINS moved:
That this Common Council does hereby authorize and request the Erie
County Industrial Development Agency to terminate the leases with all companies
whose Payment In Lieu or Tax Agreements with the City of Buffalo are more than
six months in arrears, thus returning these properties to full taxable status;
and
That the ECIDA be requested to amend all remaining leases to include a
provision for a penalty and interest to be charged for all late payments of
these PILOT agreements.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No.154
JAMES FITZGERALD, OWNER OF THE ALLEN RESTAURANT,
PETITION TO USE 16 ALLEN STREET FOR AN OUTSIDE PATIO (Item No. 119, C.C.P.
04/16/91)
That the petition of James Fitzgerald, owner of the Allen restaurant
to use 16 Allen Street for an outside rear patio for the service of food and
beverages, be, and it hereby is approved, subject to the condition that no
service be commenced after 9:00 PM. , and that service be terminated by 10:00
P.M. on weekdays, and that no service be commenced after 10:00 P.M. and be
terminated by 11:00 P.M. on Friday and Saturday.
No.155
EDWARD FLYNN, OWNER, PETITION TO USE 229 LEXINGTON FOR ENLARGEMENT OF EXISTING
RESTAURANT.
(Item No. 120, C.C.P. 04/16/91)
That the above item be returned to the full Common Council without
recommendation.
MR. COPPOLA moved
That the above item be, and the same hereby is, approved, and the
Comptroller and the City Clerk be, and they hereby are, authorized to refund to
Edward Flynn, owner of 229 Lexington, the $100 fee erroneously collected from
him for advertising of a public hearing by the City Clerk, it having been found
and determined that 229 Lexington is not in the Elmwood Business District and
no public hearing or Common Council approval was required.
PASSED
AYES-13 NOES-0.
No.156
T. MINEO, AGENT, PETITION TO USE 1234 HERTEL FOR
OUTDOOR CAFE.
(Item No. 122, C.C.P., 04/16/91)
That the petition of T. Mineo, agent, to use 1234 Hertel for an
outdoor cafe be, and the same hereby is, approved.
PASSED
AYES-13 NOES-0.
No.157
ELMWOOD COMMERCIAL CENTER, OWNER, PETITION TO USE 2050 ELMWOOD
AVENUE FOR A POLE SIGN
FOR EXISTING MOVIE THEATER
(Item No. 152, C.C.P. 4/16/91)
That the petition of Elmwood Commercial Center, owner, to use
2050 Elmwood for a pole sign for an existing movie theater be, and the same
hereby is, approved.
PASSED
AYES-13 NOES-0.
No.158
Request Pole Sign at 2050 Elmwood Ave. (CPBD)
(Item # 153 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.159
ENVIRONMENTAL ASSESSMENT FORM
ELMWOOD COMMERCIAL CENTER- REQUEST TO
PLACE A POLE SIGN AT 2050 ELMWOOD AVENUE
(Item No. 154, C.C.P., April 16, 1991)
That Item No. 154, C.C.P., April 16, 1991 "ELMWOOD COMMERCIAL
CENTER- REQUEST TO PLACE A POLE SIGN AT 2050 ELMWOOD AVENUE" is an unlisted
action as defined in 6 NYCRR Part 617.2. The Common Council has approval power
over this item, and is therefore an involved agency as defined in 617.2. As
part of an uncoordinated review, the Common Council has evaluated an
Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part 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.160
Use 2050 Elmwood (Assmt)
(Item # 32 CCP Apr 16,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.161
Use 2050 Elmwood (CC)
(Item # 58 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.162
NIAGARA MOHAWK POWER CORP., OWNER,
PETITION TO USE 29 E. OAKWOOD FOR A
RESTRICTED PARKING AREA INCLUDING
ACCESS FROM 76 DEPEW AVENUE
(Item No. 155, C.C.P., 4/16/91)
That Niagara Mohawk Power Corp., owner, be granted permission
to use 29-49 E. Oakwood for restricted parking, subject to the following
conditions:
1. An existing evergreen screen along the front fence line shall be
extended as shown on plans submitted. Tree planting will be the responsibility
of Niagara Mohawk Power Corporation from its existing employee parking lot and
including the proposed expansion 29 through 49 East Oakwood, approximately ten
trees will be planted. Green spiral linden trees will be planted in front of
its existing parking lot and the proposed parking lot, approximately 35 feet
apart.
2. A six foot wooden stockade fence shall be erected and
maintained along the 110 foot westerly line adjoining 25-27 East Oakwood Place
and also the southerly 140 feet which adjoins the rear lot lines of 60-72 Dewey
Avenue, or any other residential backyard. A decorative stockade fence will be
installed by Niagara Mohawk with structural post positioned inside their
parking lot. With permission of all property owners existing fences would be
removed. Niagara Mohawk Corporation would be responsible for all fences
surrounding their parking lot and the clean up of all debris.
PASSED
AYES-13 NOES-0.
l
No.163
Request Restricted Parking lot/Use 29 E. Oakwood (cpbd)
(Item # 156 CCP Apr l6, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.164
ENVIRONMENTAL ASSESSMENT FORM
NIAGARA MOHAWK POWER CORP. -USE
29-49 E. OAKWOOD ST. FOR A RESTRICTED PARKING LOT
(Item No. 157 , C.C.P. , April 16, 1991)
That Item No. 157, C.C.P., April 16, 1991 "NIAGARA MOHAWK POWER
CORP. - USE 29-49 E. OAKWOOD ST. FOR A RESTRICTED PARKING LOT" is an unlisted
action as defined in 6 NYCRR Part 617.2. The Common Council has approval power
over this item, and is therefore an involved agency as defined in 617.2. As
part of an uncoordinated review, the Common Council has evaluated an
Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part 1) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED
No.165
Proposed parking Lot/29-49 E. Oakwood & 76 Dewey
(Item # l2 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.166
PERMISSION TO INSTALL SIDEWALK CAFE AT 177 HODGE
(Item No. 38, C.C.P. 04/02/91)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That, pursuant to Chapter 413, Section 59 of the Ordinances, the
Commissioner of Public Works be, and he hereby is, authorized to issue a "mere
license" to Mr. David Lewis, owner of Alaska Premium Seafoods, to install a
sidewalk cafe at 177 Hodge, subject to 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 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 April l each year.
6. That the applicant be assessed an 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 of the City Charter.
7. That the applicant supply the City of Buffalo with a $5,000
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 and removal of the sidewalk cafe.
PASSED
AYES-13 NOES-0.
No.167
415 SYCAMORE STREET REQUESTS PERMISSION
TO ENCROACH CITY RIGHT OF WAY
(ITEM NO. 48, C.C.P., APRIL 16, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to William Weaver, owner of Arrow Sheet Metal, 415
Sycamore Street, for the installation of three (3) doors which encroach on the
City right-of-way, subject to the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. 'That the door be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said door.
PASSED
AYES-13 NOES-0.
No.168
THE SHEBEEN, 252 DELAWARE AVENUE
REQUESTS PERMISSION TO INSTALL SIDEWALK CAFE
(Item No. 49, C.C.P., April 16, 1991)
That the Commissioner of Public Works is authorized to issue a
"mere license" to Michael J. Duane, owner of The Shebeen, 252 Delaware Avenue,
for installation of a sidewalk cafe, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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 forty-three 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 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 Ordinances.
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.169
Ordinance Amendment/Combustible Materials (E.M. C.)
(Item # 13 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.170
ORDINANCE AMENDMENT
NEW CHAPTER 343
PUBLIC PLACES
(Item No. 188, C.C.P., March 19, 1991)
That the above Ordinance Amendment, as contained in Item No. 188,
C.C.P., March 19, 1991 be and the same hereby is returned to the Common Council
without recommendation.
Mr. Amos moved that the above item be Laid an the Table. Seconded by Mr.
Fahey.
ADOPTED
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA-8
NOES- ARTHUR, COLLINS, COPPOLA, PITTS, RUTECKI- 5.
No.171
REDUCTION IN FIRE BATTALIONS
(Item No. 176, C.C.P 4/16/91)
That the City Clerk be and he hereby is directed to transmit to
the Erie County Board of Elections for inclusion on the ballot as a proposition
in the 1991 General election, the following referendum question:
"Shall the number of battalions in the Buffalo Fire Department be
established as five, shall the number of battalion chiefs be established as
twenty (20), and shall the Mayor and the Fire Commissioner be prohibited from
reducing the number of battalions and the number of battalion chief positions
without approval of the Buffalo Common Council?"
Mr. Coppola now moved that the above item be approved. Seconded by Mr. Pitts.
LOST
AYES- ARTHUR, COLLINS, COPPOLA, PITTS- 4
NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 9.
No.172
D. Woods/Neighbor Harassment 34 Mohican
(Item # 107 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.173
Neighbor Harassment/I 34 Mohican (Police)
(Item # 44 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.174
Neighbor Harassment/I 34 Mohican (ICR)
(Item # 72 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED
No.175
Convention Center/Oppose Merger with Chamber of Commerce
(Item # 89 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.176
A. DeCorse/Naval Park Sculpture
(Item # 91 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
AYES-AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 11
NOES- ARTHUR, PITTS- 2.
No.177
Naval Park Sculpture (Arts Comm.)
(Item # IS CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.178
Naval Park Sculpture (CD)
(Item # 76 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.179
Naval Park/Sculptures in Park
(Item # 108 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.180
Delta sonic/Request Removal of Trees
(Item # 92 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.181
Request to cut Trees (E.M.C.)
(Item # 14 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.182
District Attorney/Process for Handling Concerns
(Item # 94 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.183
APPOINTMENT OF MEMBER OF BUFFALO PRESERVATION BOARD (Item No. 2, C.C.P.
04/02/91)
That the appointment by the Mayor of James M. Krasowski, of 264
Rivermist Drive, to the Buffalo Preservation Board for a term expiring August
3l, 1991 be, and the same hereby is, confirmed.
ADOPTED
No.184
REAPPOINTMENT OF MEMBER OF BOARD OF PARKING
(Item No. 3, C.C.P. 04/02/91)
That the appointment by the Mayor of Carl P. Paladino, of 282
Potters Road, to the Board of Parking for a term to expire on March 31, 1998
be, and the same hereby is, confirmed.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.185
Hearing - Land Disposition Agreement
Fillmore New Housing - 747 Sycamore
(Item No. 78, C.C.P. April 16, 1991)
That the above item be and hereby is returned to the Common Council
without recomendation.
The above it: has been set for a public hearing before the Common Council at
its regularly scheduled meeting on April 30, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by fir. Fahey, Seconded by fir. Pitts the it: is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- Louis Malucci
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk.
CARRIED.
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
",) has duly designated MJ Ogiony Builders, Inc. and/or other legal entity to be formed as Qualified and
"Agency
eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That MJ Ogiony Builders, Inc. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the Fillmore-South
New Housing Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-13 NOES-0.
No.186
Hearing - Land Disposition Agreement
Monroe Street New Housing
(Item No. 79, C.C.P. April 16, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above it: has been set for a public hearing before the Common Council at
its regularly scheduled meeting on April 30, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by fir. Fahey, Seconded by Mr. Pitts the it: is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:-Louis Malucci
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated AW Development, Inc. and/or other legal entity to
be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That AW Development, Inc. and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the Monroe Street New
Housing Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-13 NOES-0.
No.187
ACQUISITION L. L. BERGERS DEPARTMENT STORE REAL PROPERTY (500-518 MAIN AND
11-13 W. MOHAWK)
(Item No. 77, 04/16/91)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. BELL moved:
That the Commissioner of Community Development be, and he hereby is,
granted authority to proceed with the acquisition of the L. L. Berger property
at 500-518 Main Street and 11-13 W. Mohawk Street, for the sum of $1,735,000,
to be financed by the Community Development Block Grant Section 108 Loan
Guarantee Program. The elements of the acquisition shall be substantially as
set forth in the communication from the Commissioner of Community Development
contained in Item No. 77, C.C.P. 04/16/91.
The Mayor and the Commissioner of Community Development are hereby
authorized to execute the necessary documents and instruments to effectuate the
above acquisition; and
That within six months of completion of the acquisition the Commissioner
of Community Development will file with the Common Council a plan for
redevelopment of the property which will include retail development on the
first floor.
PASSED
AYES-13 NOES-0.
No.188
Transfer Block Grant Funds
(Item # 194 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.189
Funding for Aud/Pilot Field/Rich Stadium
(Item # 207 CCP Dec 11, 1990)
That the above mentioned Item be and the same is hereby referred
to the Auditorium Task Force.
ADOPTED
No.190
Request Report/Court/Pearl/Franklin Development
(Item # 151 CCP Feb 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.191
BEDC/Report on Court/Pearl/Franklin Site
(Item # 91 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.192
J. Harrington/Horizon Minutes of 3/20
(Item # 104 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
RESOLUTIONS
No.193
BY: MR. ARTHUR
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees of the Code of the City of Buffalo, be amended to
read as follows:
Chapter 309, Parks and Other Open Space
309-28, use of facilities
City Noncity
Resident Resident
BENNETT BEACH
Daily:
Per automobile [$2.00] $3.00 ($2.00] $4.00
Per van 4.00
$5.00
Per bus 7.00
7.00
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
NOTE: Matter in brackets is to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE
No.194
BY: MESSRS. ARTHUR AND COLLINS
RoIl-over Block Grant Funds Varrick Senior Citizens Program
WHEREAS: The Varrick Senior Citizens Program has suffered the
untimely death of its' Director and will not operate during the coming year;
and
WHEREAS: Year 17 of the Community Development Block Grant included funding
for the Varrick Program in the amount of $17,650 in Public Service Funds; and
WHEREAS: The elderly who are served by the Varrick Senior
Citizen Center, would be most benefitted by the program operated by the Friends
of The Elderly Senior Citizen Center. NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council requests the Human Resources Department to transfer the
$17,650 allocated to the Varrick Senior Citizen's Program, in year 17 of the
Community Development Block Grant Program, which begins on July 1, 1991, to the
Friends of The Elderly.
ADOPTED
No.195
BY: Mr. Bell
Sale of Vacant City Owned Parcels to Establish Neighborhood Commercial Land
Bank
WHEREAS: The City Real Estate Division presently owns and
has available
for sale over 370 vacant lots on eight major commercial arterials which are
zoned for commercial development and which together total approximately 30
acres; and
WHEREAS: The subject parcels represent idle assets of the City, which have
been obtained by means including, but not limited to tax foreclosure, and which
constitute a maintenance and liability burden on the City; and
WHEREAS: The City of Buffalo is facing a disastrous shortfall in revenue
from the State of New York in the 1991-92 fiscal year; and
WHEREAS: This Common Council agrees that the sale of idle assets will assist
the City in maintaining basic municipal services; and
WHEREAS: The City of Buffalo has expended millions of dollars in
reconstructing major portions of these commercial arterials with new utilities,
sidewalks, lighting, and street surfaces which lays the foundation for the
attraction of businesses and new private construction; and
WHEREAS: The Buffalo Enterprise Development Corporation (BEDC) presently
operates the Neighborhood Commercial Lending Program for the City of Buffalo,
and has assisted over 300 neighborhood business expansions; and
WHEREAS: The BEDC is proposing to establish a Neighborhood Commercial Land
Hank via its wholesale purchase of substantially all City-owned commercial
vacant lots on the following City Arterials: Bailey Avenue, Broadway, Clinton
Street, Fillmore Avenue, Genesee Street, Jefferson Avenue, South Park Avenue,
and Sycamore Street; and
WHEREAS: The BEDC is further proposing to amend its lending policies to
foster the attraction of business development to Land Bank parcels by offering
90% financing for market rate land sales and 50% fixed asset construction
financing to a maximum of $100,000; and
WHEREAS: The BEDC is offering to pay the City up to $500,000 at an aggregate
price of $16,500 per acre which generally equates to the full value assessment
for the subject parcels.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Buffalo Enterprise Development Corporation (BEDC) is authorized to
establish a Neighborhood Commercial Land Bank consisting of 306 vacant parcels
to be purchased at a cost of $500,000 from the Real Estate Division on the
eight City Arterials based on a list provided by the Comptroller's office which
is attached to this Resolution.
2. The BEDC is further authorized to use UDAG repayments reserved for
neighborhood commercial redevelopment to purchase, operate, maintain, and
finance business expansions on parcels in the Land Bank.
3. The City Comptroller is further authorized to subsequently negotiate
the sale of additional City owned vacant commercial parcels that become
available on the eight City Arterials listed herein to BEDC at a price of
$16,500 per acre, subject to the Comptroller's certification that each
parcel was previously made available for public sale, and notification to
and approval by this Council on each parcel to be sold to the BEDC for the
created Neighborhood Commercial Land Bank.
4. This Common Council hereby establishes a Neighborhood Commercial Land
Bank Financing Program, and amends the 1991-92 Community Development Block
Grant Application, and authorizes BEDC to apply to the U. S. Department of
Housing and Urban Development for $5 million in Section 108 lending authority
under the new 20 year low interest mortgage program in order to provide
neighborhood businesses with up to 90% financing to purchase parcels, and up to
50% construction and permanent financing for neighborhood business development.
5. Prior to BEDC's sale of any vacant property, originally conveyed by the
City to BEDC for inclusion in the Land Bank, the President of BEDC shall submit
a description of the proposed transaction to this Common Council for approval,
after prior consultation with the affected District Councilmember, and only
upon disapproval within 30 days of Council receipt shall the BEDC withdraw the
proposal to sell the specified property.
6. Revenue received by BEDC from sale of Land Bank parcels shall be
reserved, less expenses of managing the Land Bank, for acquisition of
additional parcels from the City as approved by this Common Council.
7. The BEDC shall develop a detailed marketing plan, and recommendations for
priority redevelopment frontage based on a review of each parcel and the
surrounding neighborhood's recent redevelopment progress, and shall submit such
plan and recommendations to this Council for approval by October 30, 1991.
8. That the Mayor be, and he hereby is, authorized to execute Deeds and all
other documents deemed necessary to effect this resolution and the Comptroller
be authorized to deliver said documents in accordance with the terms of this
resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.196
By: Mr. Collins
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
FUND BALANCE RESERVE
MISCELLANEOUS CHARGES
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Miscellaneous be and the same hereby is increased in the sum of
$40,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $40,000 from 100-890-051 - Fund Balance Reserve for Motor
Vehicle Insurance to meet this increased appropriation as set forth below:
TO:
100 General Fund
81-2- Miscellaneous Charges
825 - Reserve for Motor Vehicle Self-Insurance $40.000
PASSED
AYES-13 NOES-0.
No.197
BY:MESSRS. COLLINS, ARTHUR AND COPPOLA, AMOS, BAKOS, BELL, FAHEY,
FRANCZYK, HIGGINS, PERLA, PITTS, RUTECKI AND MRS LoTEMPIO
POLICE DEPARTMENT REPORT ON
SERIAL RAPIST
WHEREAS: Residents on the eastside of Buffalo have recently been
made aware of a series of rapes and sexual assaults on women and children; and
WHEREAS: Reportedly, the first of these attacks occurred on February 13,
1990, and has continued within the area bounded by Broadway to Genesee Street,
Michigan Avenue to Goodyear Avenue; and
WHEREAS: Report of these attacks has given rise to serious concern for the
health and safety of women and children who are potential victims of this life
threatening crime; and
WHEREAS: The Buffalo News may have failed to report aspects of these crimes,
as they are recorded on their teletype system; and
WHEREAS: The failure of authorities to report these crimes portrays a sense
of racial neglect as they occurred in a predominately black community; and
WHEREAS: Their reporting failure raises serious concerns regarding sexism
and a general malaise in their attitude regarding status of women in this
community.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council request the Buffalo Police Commissioner file a
report;with the Common Council to provide information re:
a. the date and circumstances that led the department to determine that a
serial rapist was operating in the City of Buffalo;
b. their explanation for the delay in notifying the community that a serial
rapist inhabitated the streets of the City of Buffalo, thereby needlessly
exposing more women and children to this nuisance;
c. their plans to educate this community on ways it can protect itself and
their plans to capture the responsible party; and
BE IT FURTHER RESOLVED:
That the Buffalo News advise this Council of its reasons for failure to report
this series of rapes sooner.
BE IT FURTHER RESOLVED, that this Council request the District Attorney to
assign a-full time special investigator to this case; and
BE IT FINALLY RESOLVED that the Police Commissioner be requested to attend the
next scheduled meeting of the Legislation Committee.
Mr. Collins moved that resolves one, two and three be adopted and that
resolve number four be referred to the Committee on Legislation.
ADOPTED
No.198
BY: MR. COPPOLA
REQUEST INFORMATION FROM CONRAIL
WHEREAS: It is a well-known fact that urban railyards are attractive
to youths as "playgrounds"; and
WHEREAS: Within a recent two-week period, there were four incidents
involving city youths trespassing on Conrail property in which three of the
youths were seriously injured and a fourth was killed by moving trains; and
WHEREAS: It was recently disclosed that Conrail reduced the number of police
officers patrolling railroad property from nineteen to eight; and
WHEREAS: The number of constituent complaints about rattling china and
cracked walls due to excessive speed of trains has increased dramatically
during the last year; and
WHEREAS: Even though "No Trespassing" signs have been posted along known
"trouble spots" and Conrail has sponsored a public awareness program for
schools, it is quite possible that speed was a contributing factor in the
recent accidents.
NOW THEREFORE BE IT RESOLVED THAT
Because there is some question about Conrail speed and safety due to the recent
incidents, this Common Council requests that a representative from Conrail,
Inc. appear before this body to respond to the following:
l. What is the legal speed of trains within city limits and what method is
used to monitor speed?
2. How often is speed checked?
3. What is the reason for the reduction of Conrail police from nineteen to
eight officers?
4. Have provisions been made to reintroduce the public-awareness program to
the Buffalo Public and Parochial Schools?
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to Conrail, Inc.
requesting that a representative appear before this Common Council at the next
Legislation Committee meeting on Tuesday, May 7 at 2:00 PM.
ADOPTED
No.199
BY: MR. COPPOLA, MR. ARTHUR, MR. BELL
OPPOSE INCREASE IN SEWER RATES BY BSA
WHEREAS: The Buffalo Sewer Authority has voted to increase sewer
rates approximately 9/00 effective August l, 1991; and
WHEREAS: The Buffalo Sewer Authority increases the sewer rates on a yearly
basis; and
WHEREAS: It appears that the Buffalo Sewer Authority not only balances the
budget, but also provides for a surplus account; and
WHEREAS: The Buffalo Sewer Authority has projected this year's surplus at
$3.7 million, down from last year's surplus of $7 million.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council opposes any increase in sewer rates by the Buffalo Sewer
Authority when there appears to be a $3.7 million surplus.
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the Buffalo Sewer
Authority requesting representation at the next Legislation Committee meeting
on Tuesday, May 7, 1991, at 2:00 PM to justify the latest rate increase.
ADOPTED
No.200
BY: MR. FAHEY
ORDINANCE AMENDMENT
MAIN STREET SITE DEVELOPMENT PLAN REVIEW PANEL
CHAPTER 6, SECTION 39(A) AND (B)
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (A) and (B) of Section 39 of Chapter 6 of the Code of the
City of Buffalo be amended to read as follows:
(A) Panel Membership: The Panel shall consist of six permanent members and
one ad hoc member. Four of the permanent members shall be appointed by the
Mayor and two by the Common Council. The ad hoc member shall be appointed, on a
project by project basis, by the District Councilmember within whose district a
project is being reviewed, and shall sit as a member of the panel during the
duration of the review of the project for which he or she was appointed only.
(B) Panel Membership Terms: The terms of the six permanent members of the
Panel shall be for two years, except that of the six permanent members first
appointed, two of the Mayor's and one of the Common Council's appointees shall
be appointed for a term of one year, and two of the Mayor's and one of the
Common Council's appointees shall be appointed for a term of two years. The
appointing authority shall specify the duration of the term in the certificate
of appointment for each member. All members shall serve without compensation
unless compensation is provided by the Code. A vacancy during the term of any
member shall be filled for the duration of the unexpired term in the same
manner in which the original appointment was made.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the forgoing Ordinance is necessary.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
PASSED
AYES-13 NOES-0.
No.201
BY: MR. FAHEY
REQUEST INFO FROM PERB
WHEREAS: At its March 19, 1991, meeting, the Common Council requested
that the Public Employment Relations Board (PERB) provide a list of court cases
between the City of Buffalo and the Buffalo Police Benevolent Association over
the last two years, and the results of those cases; and
WHEREAS: To date, PERB has not provided the requested information, despite
both written and verbal requests from Council Staff; and
WHEREAS: This information is essential in the ongoing review of the Buffalo
Police Department by the Police Reorganization Commission.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council formally repeats its request that PERB provide a list
of court cases, and results of those cases, between the City of Buffalo and the
Buffalo Police Benevolent Association for the past 2 years; and
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is directed to certify passage of this
resolution, and forward copies to Harvey Milowe, Director, Public Employment
Relations Board, 51 Wolf Road, Room 502, Albany, New York 12205.
ADOPTED
No.202
BY:MR. FAHEY
Inspection of Buffalo Naval Park
WHEREAS: The Buffalo Naval Park has served the City of Buffalo
as a tourist attraction for over 10 years; and
WHEREAS: The Buffalo Naval Park has been an inspiration to the Community in
terms of Waterfront development; and
WHEREAS: The City of Buffalo Is trying to attract ire people to downtown
Buffalo and the park serves as a masterpiece for Historical, Educational, and
Tourism purposes which reflect upon our city; and
WHEREAS: The Buffalo Naval Park is in need of repairs due to the general
wear and tear of daily usage. The cost and extent of repairs has not been
determined; and
NOW THEREFORE BE IT RESOLVED THAT:
The Buffalo Common Council requests that the Department of Public Works inspect
The Buffalo Naval Park and file a report with the Council the conditions of the
Park;
BE IT FURTHER RESOLVED:
That the Department of Public Works file this report with the Common Council
before June 11, 1991.
ADOPTED
No.203
BY: MESSRS. FAHEY & COLLINS
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 68.1
HAMLIN PARK OVERLAY REVIEW DISTRICT
The Common Council of the City of Buffalo does hereby ordain as follows:
That subsection (B) of Section 68.1 of Chapter 511 be amended to read as
follows:
511-68.1. Hamlin Park Overlay Review District.
B. Limits. The Hamlin Park Overlay Review District shall comprise the
following area: all properties within the area beginning at a point in the
centerline of Humboldt Parkway with the centerline of Loring Avenue, thence
southeasterly and southerly along the centerline of Humboldt Parkway to East
Utica Street; thence westerly along the centerline of East Utica Street to a
point in the centerline of the intersection of Jefferson Avenue with East Utica
Street; thence northerly along the centerline of Jefferson Avenue to a point in
the centerline of the intersection of Jefferson Avenue with Hughes Avenue;
thence easterly along the centerline of Hughes Avenue to a point in the
centerline of the intersection of Hughes Avenue with Meech Avenue; thence
northerly along the centerline of Meech Avenue to its intersection with the
northerly line of Loring Avenue; thence easterly and along the northerly line
of Loring Avenue about 45 feet, to the east line of subdivision lot 93, Cover
724, thence northerly and along the easterly line of subdivision lot 93 to the
north line of farm Lot 40; thence westerly and along the north line of farm Lot
40 about 80 feet to the east line of subdivision lot 32, Cover 427; thence
northerly and along the easterly line of subdivision lot 32 and its extension
to the centerline of Eastwood Place; thence westerly and along the centerline
of Eastwood Place to its intersection with the southerly extension of the
easterly line of subdivision lot 4, Cover 427; thence northerly and along the
easterly line of subdivision lot 4 and its southerly extension to the northeast
corner of said subdivision lot 4; thence westerly and along the northerly line
of subdivision lot 4 to its intersection with a line drawn at right angles to
Eastwood Place and through the angle point in the southerly line of Glendale
Place; thence northerly and along the last above described line to its
intersection with the centerline of Glendale Place, thence northwesterly and
along the centerline of Glendale Place to its intersection with the
southeasterly line of Main Street, thence northeasterly and along the
southeasterly line of Main Street to a point 39.43 feet northeast of the
northerly line of Glendale Place as measured along the southeasterly line of
Main Street; thence easterly parallel to Kensington Avenue 224.7 feet; thence
northerly and at right angles to the last described line 33.87 feet; thence
easterly and parallel to Kensington Avenue to its intersection with the
centerline of Humboldt Parkway; thence southeasterly along the centerline of
Humboldt Parkway to the point of beginning.
APPROVED AS TO FORM
R. Peter Morrow
Act in Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION, CANISIUS COLLEGE AND THE HAMLIN PARK
TAXPAYERS ASSOCIATION.
No.204
By Messrs. Fahey and Collins
SET PUBLIC HEARING
PROPOSED LAND DISPOSITION AGREEMENT FOR
MICHIGAN AVENUE IN-FILL HOUSING PROJECT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, BELMONT SHELTER CORP. and/or other legal entity to be
formed 'herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the roles and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of five (5) residential units of new
housing known as the Michigan Avenue In-Fill Housing Project in the Community
Wide Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
(l) That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
3rd day of May 1991.
(2) That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers
on the 14th day of May 1991.
ADOPTED
No.205
BY: MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
I. BUFFALO GENERAL X-RAY ASSOCIATES
Prior fiscal year invoice claim for Police Officer
THOMAS McNAUGHTON who was injured on duty. $23.03
2. EDWARD A. CANNON
Claim for loss of garbage can. $6.00
3. PAULA B. CARDINO
Claim for loss of garbage can. $13.00
4. LEOLA CATHCART
Claim for loss of garbage cans. $21.00
5. DENISE EICH
Claim for loss of garbage can $9.00
6. ERIE COUNTY MEDICAL CENTER
Prior fiscal year invoice claim for services rendered to Police Officer ROBERT
MIDDLEBROOK who was injured on duty $355.52
7. LOUISE S. KOTARSKI
Claim for loss of garbage can. $10.00
8. ALISON MATHIEN
Claim for loss of garbage can. $8.00
9. JAMES MURAWSKI
Claim for loss of garbage can. $13.00
10. VERA RIDGEWAY
Claim for loss of garbage can. $12.00
11. DONALD RUNCKEL
Claim for personal property damaged while fighting
a fire. $39.00
12. GOETZ SCHAFFHAUSER
Claim for loss of garbage can. $10.00
13. GERALD SELTZ
Claim for personal property damaged while performing
his duties in the Fire Department. $49.95
14. SISTERS OF CHARITY HOSPITAL
Prior fiscal year invoice for services rendered to
Police Officer WILLIAM DONOVAN. $96.70
15. SISTERS OF CHARITY HOSPITAL
Prior fiscal year invoice for services rendered to
Police Officer THOMAS McNAUGHTON. $23.03
16. DONNA VAMPOTIC
Claim for loss of garbage can. $13.50
17. LESSIE WASHINGTON
Claim for loss of garbage can. $15.00
18. REOLA WILEY
Claim for loss of garbage cans $19.00
19. EDITH WILLIAMS
Claim for loss of garbage can. $9.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED
AYES-13 NOES-0.
No.206
BY: MR. PERLA
Permission to Erect a Banner
WHEREAS: D'Youville College wishes to hang a banner across Porter
Avenue, This will read "D'Youville College, Educating for life"; and
WHEREAS: The banner will be hung from light standard 4321 and to a tree on
the opposite side of Porter Avenue. The banner will be hung for two months
beginning in mid-May; and
WHEREAS: An insurance policy, naming the city as insured will be in effect
for the period the banner is up, in accordance with the city charter.
THEREFORE, BE IT RESOLVED:
That D'Youville College be granted permission to erect said banner at the
aforementioned location, for the time period stated, upon satisfaction of
conditions set forth by the Department of Public Works.
PASSED
AYES-13 NOES-0.
No.207
BY: MR. PITTS
INSPECTION OF CONVENTION CENTER PARKING RAMP
WHEREAS: A one-ton slab of concrete fell from the upper most deck
of the Convention Center Ramp at Franklin and Court Streets on Tuesday April
23, 1991; and
WHEREAS: Two people waiting at the bus stop adjacent to the Convention
Center Ramp miraculously escaped serious injury when the concrete slab broke
loose from the building and totally decimated a glass bus shelter below; and
WHEREAS: This nearly disastrous incident has drawn attention to the general
condition of the entire Convention Center Ramp which is privately owned and
seems to have fallen into disrepair; and
WHEREAS: An inspection of the premises must be completed to determine the
overall state of the ramp, whether remedial work can be done to bring the ramp
into code compliance, or whether it will be necessary to have the ramp closed
permanently;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the Department of Inspections and
Community Revitalization completes an inspection of the Convention Center Ramp;
and
BE IT FURTHER RESOLVED:
That the Department of Inspections and Community Revitalization submits a
report to this Council detailing the findings and recommendations of the
inspection.
ADOPTED
No.208
By Mr. Pitts
SET PUBLIC HEARING:
AMENDMENT TO LAND DISPOSITION AGREEMENT FOR VIRGINIA STREET NEW HOUSING PROJECT
ATKIN CONSTRUCTION CORP., REDEVELOPER
WHEREAS, Atkin Construction Corp. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated for an Amendment
to the Land Disposition Agreement of the Virginia Street New Housing Project;
and
WHEREAS, said Amendment to Land Disposition Agreement has been forwarded
by the Agency to this Common Council for action, pursuant to Section 507,
subdivision 2 (d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
3rd day of May 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers
on the 14th day of May 1991.
ADOPTED
No.209
BY:MESSRS. PITTS AND COPPOLA
ENDORSE SURTAX FOR WEALTHIEST AMERICANS TO PAY OFF SAVINGS AND LOAN DEBTS
WHEREAS: During the 1980's wealthy investors and entrepreneurs
took advantage of the deregulation of financial institutions to gain control of
the majority of U.S. Savings and Loan institutions (S&L's) ;and
WHEREAS: The takeover of the S&L's by these wealthy individuals crowded out
small depositors and diverted investments away from low and middle-class
residential housing and into high-risk commercial ventures which led to the
financial collapse of well over one-half of the 4,732 S&L's that existed in
1980; and
WHEREAS Federal Deposit Insurance Corporation Chairman William Seidman
estimates that fraud, insider abuse, and outright criminality were factors in
60% of S&L failures, and U.S. Attorney General Richard Thornburg has called the
S&L scandal "the biggest white collar swindle in history"; and
WHEREAS: The Bush administration is paying back S&L depositors from failed
S&L's through long-term borrowing which, when debt service is factored in, will
cost the American taxpayers a minimum of $500 billion and as much as $1.4
trillion over the next 40 years ($5,600 for every living woman, man, and child
in America); and
WHEREAS: Millions of ordinary America. tax.payers, including the vast
majority of Buffalo residents, neither caused nor benefitted from the S&L
crisis, but nonetheless will suffer economic hardship to pay off the debts of
the S&L's; and
WHEREAS: The Financial Democracy Campaign (FDC), a coalition of over 400
consumer groups, unions, and churches, along with Representative Joseph Kennedy
and Senator Thomas Harkin, have proposed an alternative method of paying S&L
debts to depositors through a surtax on the incomes of the wealthiest 2% of
Americans - those who benefitted greatly in the 1980's as real interest rates
soared to the highest levels of this century; and
WHEREAS: Taxing those who profited during this era of abuse, and who can
most afford to pay for the failed S&L's, is a matter of simple justice and has
been likened to "making the partygoers pay for the party"; and
WHEREAS: The current Treasury Department proposal to recapitalize the
depleted FDIC in order to protect the nation's banks, promises to match the
outrageous S&L taxpayer bailout with one for the banking industry;
NOW, THEREFORE BE IT RESOLVED THAT:
The Buffalo Common Council endorses the Financial Democracy Campaign (FDC)
proposal that the funds to pay back the depositors of the failed S&L's be
obtained through a surtax on the wealthiest two percent of Americans; and
BE IT FURTHER RESOLVED THAT:
This Common Council calls upon area U.S. Representatives Nowak, LaFalce and
Paxon, and Senators Moynihan and D'Mato to reject any further proposals from
the Bush Administration to bailout the S&L's through long-term borrowing and
further urges them to support legislation that would recover the costs of
paying off S&L debt through a surtax on the wealthiest two percent of
Americans; and
BE IT FURTHER RESOLVED THAT:
This Common Council, in order to avoid a repeat of the S&L debacle in the
banking industry, calls upon the same Congress members to oppose the Treasury
Departments proposal to bail out the FDIC, and supports the FDC's proposal to
force banks to pay for their own bailout by raising deposit insurance premiums,
levying a one-time assessment on all banks, and toughening FDIC's practices
regarding the sales of large insolvent banks; and
BE IT FINALLY RESOLVED THAT:
This Common Council directs the City Clerk to send certified copies of this
resolution to the members of the local Congressional delegation.
ADOPTED.
No.210
BY: MESSRS. PITTS, RUTECKI AND PERLA
COMMON COUNCIL -RECOMMENDED PROGRAM
FOR TREATMENT OF ELM TREES
WHEREAS: The City of Buffalo, through Article VII, Chapter VI of
the ordinances (Item 214, C.C.P. April 24, 1990) established a goal of using
non-toxic methods of pest management wherever feasible; and
WHEREAS: The same Article VII established a Pest Management Board (PMB) to
advise the City in carrying out this policy; and
WHEREAS: The PMB has recommended that the City adopt least-toxic management
approaches for the elm leaf beetle problem as it pertains to the City of
Buffalo; and
'WHEREAS: These approaches include the use of different methods of beetle
control coupled with a request that the Parks Department be instructed to no
longer use carbaryl pesticides in treating the city's elm trees; and
'WHEREAS: The PMB is in the final stages of drafting a recommended three year
plan to address elm leaf beetle problems based on a three tier effort of
problem assessment, problem solving, and public education; and
WHEREAS Recommended treatment approaches for this year include Bacillus
thurengensis (Bt) biological controls, Pyrethrin banding of elm trees, and the
physical protection of trees through burlaping and other methods; and
WHEREAS: The PMB is requesting an end to the spraying of carbaryl pesticides
because it has found these compounds to have the potential to cause negative
human health effects such as reproductive abnormalities, birth defects, and
neurotoxicological damage; and
WHEREAS: The PMB has noted that children will have easy access to areas
treated with this powerful poison when it is sprayed on city trees and that
spray drift can compound the potential for exposure; and
WHEREAS: Further, the PMB has found carbaryl to have potentially lethal
effects on non-target organisms, most of which play a positive role in the
city's ecosystem; and
'WHEREAS: The PMB also has doubts concerning the efficacy of carbaryl
pesticides given both the age of the city's current stock of carbaryl and the
difficulty of timing treatments correctly to match the elm leaf beetle's life
cycle; and
WHEREAS: The PMB has further recommended that elm leaf beetle monitoring
programs be developed where possible, that the city's current stock of carbaryl
pesticides be disposed of properly, and that adequate funding be provided to
the Parks Department to carry out a least toxic approach to the elm leaf beetle
problem;
NOW, THEREFORE BE IT RESOLVED THAT:
The Buffalo Common Council endorses a program of least toxic management for the
elm leaf beetle and supports the approaches outlined by the Pest Management
Board for controlling elm leaf beetles; and
BE IT FURTHER RESOLVED THAT:
This Council requests the Mayor to instruct the Parks Department to cease and
desist from the use of carbaryl pesticides as a progressive step forward in
protecting the health of Buffalo's citizens and their natural environment; and
BE IT FURTHER RESOLVED THAT:
This Council commends the Parks Department for its ongoing cooperation and
dialogue with the PMB and requests the Parks Department to work with the Board
to develop and improve the three year plan and specifically to identify
budgetary and personnel needs for implementing a least toxic pest management
policy for elm leaf beetle; and
BE IT FINALLY RESOLVED THAT:
This Council will make every effort to provide adequate initial funding for a
least-toxic elm leaf beetle program in the 1991-1992 city budget.
ADOPTED
No.211
BY: MR. RUTECKI
Appoint Member Citizens Committee on Reapportionment
WHEREAS: The City Charter provides that a Citizens Advisory Committee
on Reapportionment be appointed to render advice and make recommendations on
redistricting; and
WHEREAS: The Charter further provides that each of the nine district
Councilmembers make an appointment to the committee;
NOW THEREFORE BE IT RESOLVED;
That pursuant to Article l, Section 7 of the Charter, the following individual
be and hereby is appointed to serve on the Citizens Advisory Committee on
Reapportionment as a representative of the North Councilmanic District:
Albert DeBenedetti
154 Philadelphia Street
Buffalo, New York 14207
RECEIVED AND FILED.
No.212
BY: MR. RUTECKI
Inspection of Parking Ramps and Downtown Buildings
WHEREAS: A one-ton slab of concrete facing fell off the Convention
Center Parking Ramp on April 23, 1991, crashing through an NFTA bus shelter,
injuring two people, and
WHEREAS: While we are all thankful that the two people injured were
apparently not seriously hurt, we must be mindful that a horrible tragedy could
have occurred had the accident taken place at a different time when the bus
shelter would have been filled with people, and
WHEREAS: Although the accident took place at a parking ramp the City of
Buffalo no longer owns, it is imperative that the City take whatever action is
necessary to ensure that City-owned and other privately owned parking
structures are safe, and
WHEREAS: The danger of debris, structural components and portions of facades
falling to the ground is not limited to parking structures, but is also a
concern with buildings, particularly high-rise buildings in the downtown area,
and
WHEREAS: At least one downtown building has been surrounded by a covered
walkway for more than a year because of the potential danger of falling
concrete, and
WHEREAS: Another downtown building currently has a covered walkway with a
sign warning pedestrians of falling debris, THEREFORE BE IT
RESOLVED That this Common Council does hereby request the Board of Parking
to submit a report detailing the current structural condition of all City-owned
parking structures, including a report of recent and scheduled inspections, and
Be It Further
RESOLVED: That the Division of Inspections, Department of Inspections and
Community Revitalization, be authorized and requested to initiate a
concentrated inspection program of all structures, including the four privately
owned parking ramps, in the downtown area to determine if these structures meet
code and safety standards, Be It Further
RESOLVED: That a report of the findings of these inspections be submitted to
this Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE BOARD OF PARKING AND THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No.213
BY: MR. RUTECKI
Riverside Senior Center Staff Problem
WHEREAS: The Riverside Senior Citizen Center, located in the Riverside
Casino in Riverside Park, has for many years been one of the most active and
busy senior centers in the City, and
WHEREAS: Recent staff changes however, have hurt programming at the
Riverside Senior Center significantly, resulting in reported shortening of
Center hours and reductions in Center programs, and
WHEREAS: These problems have arisen as a result of the transfer of the
Center's Director, a Senior Citizen Specialist Supervisor, to another senior
center that recently opened in the City, and
WHEREAS: The Council had anticipated the opening of this new center and
added to the Mayor's Recommended 1990-91 budget a Senior Citizen Specialist, a
Senior Citizen Aide and a Laborer I, increasing the budget from the Mayor's
Recommended amount of $485,215 to $537,951 in the final adopted version, and
WHEREAS: All three of these new positions were intended to be assigned to
the new center, therefore avoiding the need to reassign staff from other
centers, and
WHEREAS: Not only did this policy change, but there was also an apparent
lack of planning on the part of the Mayor's Office for Senior Citizens since a
request to fill vacant titles was not made in a timely manner, and
WHEREAS: The level of activity at the Riverside Senior Center requires that
the Center be run by a person holding a Civil Service title of at least Senior
Citizen Specialist Supervisor, and
WHEREAS: If it is now the intention of the Mayor's Office for Senior
Citizens to have a Senior Citizen Specialist Supervisor running the City's
newest center, a change from the policy of last year, the creation of at least
one additional Senior Citizen Specialist Supervisor will be required THEREFORE
BE IT
RESOLVED That this Common Council does hereby request the Mayor's Office for
Senior Citizens to submit a report detailing, by title, the current staffing
levels of all City-run senior centers, including a report of recent transfers,
reassignments and requests to the Budget office for new personnel, and Be It
Further
RESOLVED: That this report include the current plan to deal with the staff
shortages at the Riverside Senior Center and the recent cutback of services and
center hours, and Be It Further
RESOLVED: That the Budget office be requested to immediately authorize the
filling of all positions that may have been requested by the Mayor's Office for
Senior Citizens, and BE IT Further
RESOLVED: That the Budget Director be requested to immediately submit to this
Council for approval a Salary Ordinance Amendment creating one (1) additional
Senior Citizen Specialist Supervisor to run the Riverside Senior Center to
replace the position that has apparently been transferred to another center.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE MAYOR'S OFFICE FOR SENIOR
CITIZENS, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CIVIL SERVICE
COMMISSION.
No.214
By Mr. Rutecki
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Mr. & Mrs. Whitaker
By Councilmember Collins
Felicitation for David R. Fendrick
By Councilmember Fahey
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.215
BY MR. RUTECKI
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF
PUBLIC DUTIES
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Clarence C. Chappell
TOTAL:1
ADOPTED
No.216
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
Ophelia D. Dees
Michaele Gilchrist
Nancy Hudenburg
Melvin E. Watkins
TOTAL: 4
ADOPTED
UNFINISHED BUSINESS
No.217
Bond Resolution - $55,000 - Science Museum
(Com. 199, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 199, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
MR. FAHEY moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.218
Bond Resolution - $75,000 - School 12
(Com. 200, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 200, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.219
Bond Resolution - $95,000 - School 65
(Com. 201, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 201, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.220
Bond Resolution - $100,000 - Libraries
(Com. 202, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 202, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.221
Bond Resolution - $140,000 - Tree Replacement
(Com. 203, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 203, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.222
Bond Resolution - $190,000 - School 3
(Com. 204, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 204,C.C.P., April 16, 1991, be taken
from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.223
Bond Resolution - $215,000 - Grover Cleveland H.S.
(Com. 205, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 205, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.224
Bond Resolution - $235,000 - School 70
(Com. 206, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 206, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.225
Bond Resolution - $235,000 - School 71
(Com. 207, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 207, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.226
Bond Resolution - $250,000 - Handicapped Access Imp.
(Com. 208, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 208, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.227
Bond Resolution - $380,000 - cafeteria-School 3
(Com. 209, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 209, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.228
Bond Resolution - $475,000 - 1st Ward Comm. Ctr.
(Com. 210, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 210, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.229
Bond Resolution - $570,000 - School 81
(Com. 211, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 211, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.230
Bond Resolution - $595,000 - Riverside H.S.
(Com. 212, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 212, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.231
Bond Resolution - $190,000 - Street Ptn. of Riverwalk
(Com. 213, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 213, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.232
Bond Resolution - $235,000 - Schiller Sr. Center
(Com. 214, C.C.P., April 16, 1991)
Mr. Fahey moved that Item No. 214, C.C.P., April 16, 1991, be
taken from the table. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that the above item be approved.
PASSED
AYES-13 NOES-0.
No.233
BUFFALO COMMON COUNCIL
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
CLAIMS Tuesday, MAY 7, 1991,9:00 AM
CIVIL SERVICE Tuesday, MAY 7, 1991,9:30 AM
FINANCE Tuesday, MAY 7, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, MAY 7, 1991,2:00 PM
ECONOMIC DEVELOPMENT Wednesday, MAY 8, 1991,10:00 AM
No.234
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Franczyk the Council adjourned
at 4:OO P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.