HomeMy WebLinkAbout91-0625
1No.13
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, June 25, 1991
Pension Meeting, June 28, 1991
Special Session, July 1, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PROTEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M.Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr.,Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
:George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr.,Chairman, David A. Franczyk. Joel A Giambra,
Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P.
Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/,Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee,Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairpewrson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt,Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
:Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, June 25, 1991
at 2:00 P.M.
PRESENT - David A. Franczyk President Pro Tempore of the Council, and Council
Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla,
Pitts, and Rutecki - 12.
ABSENT - Council President George K. Arthur (Acting Mayor).-1.
On a motion by Mr. Fahey, seconded by Mr. ,the minutes of the stated meeting
held June 11 1991, and the special meeting held on June 20, 1991, were
approved.
FROM THE MAYOR
No.1
Revised 1991-92 Revenue Estimates
I am hereby revising my 1991-92 revenue estimates in the general
fund and Water Enterprise Fund based on the action by Your Honorable Body at
its special meeting of June 10, 1991 to receive and file the ordinance
amendment that would have decreased the amount of water revenues transferred to
the general fund from $4,036,000 to $3,000,000.
My revised estimates are as follows:
Account Initial Revised
Estimate Estimate Change
General Fund
Interfund Transfers 96408 From Enterprise Fund
-Water $3,000,000 $4,036,000 + $l,036,000
Enterprise Fund-Water
Interfund Transfers
669-Contribution to General Fund
($3,000,000) ($4,036,000) ($1,036,000)
RECEIVED AND FILED.
No.2
GOVERNOR'S ACTION ON THE STATE BUDGET
This is to update you on the status of the State budget as it
impacts on the City budget process.
Earlier this week the State Legislature adopted a budget that would
provide Buffalo an additional $8.4 million in State Education Aid and $6.6
million to the City general fund.
The governor's office announced he would make his vetoes known by today.
However, I have now been advised that the review process is taking longer than
expected and the vetoes may not be known until Sunday or Monday.
Given the unpredictability of the State budget process this year I cannot
submit a revised revenue estimate to Your Honorable Body based on speculation.
If I know the governor is not vetoing the increased aid targeted for Buffalo I
will submit a revised revenue estimate to Your Honorable Body immediately.
However, if he does veto either the general purpose aid or education aid I will
not speculate on the likelihood of a legislative override.
I think it is important at this time to inform Your Honorable Body, the
Governor, the Western New York legislative delegation and City residents how I
would recommend using the increased aid that was included in the legislature's
version of the State budget.
I. Board of Education
I would increase my budgeted state revenue estimates for the Board of
Education from $230,200,870 to $238,584,805, an addition of $8,383,935.
I would recommend these funds be used to increase the Buffalo Board of
Education General Fund appropriation from $301,368,296 to $309,742,231.
II. City General Fund
I would increase my estimate of general fund revenues by $7,647,190.
This consists of $6,611,190 in State revenue and $1,036,000 from the Water
enterprise fund. The state revenues include $6,412,309 in general purpose aid,
$184,881 in the Division for Youth and $14,000 in the Division of Planning for
an Environmental Management Commission grant. The estimate of the amount to be
received from the Water enterprise fund would be increased from $3,000,000 to
$4,036,000 if Your Honorable Body rejects the Ordinance Amendment I have
submitted to reduce the amount of funding the Water fund would pay to the
general fund. I believe your cuts to the Water department budget are excessive
and will impair the department's ability to adequately address the Water
system's infrastructure needs.
If the additional State funding is not vetoed it will be my
recommendation to use these funds as follows:
l) Restore 2 Fire Engine Companies $1,306,920
2) Restore 13 Youth Program Jobs 369,762
3) Restore 56 Police Department Jobs
(49 Police Officers, l Dispatcher & 6 Report Tech.) 1,764,138
4) Provide a 3.5% two-year raise to all
City Employees 4,206,370
Total $7,647,190
The major differences between my proposal and the budget package being
constructed by Your Honorable Body is that I am recommending the restoration of
36 more positions in the Police department (56 vs the 20 you are proposing) and
an additional 1/2% raise for City employees (3-1/2% vs 3%).
Instead of the additional 36 Police positions and the additional 1/2%
raise I am recommending, Your Honorable Body's proposal would restore the
Fireboat and provide an additional $1.5 million to the Board of Education.
I am allocating the entire additional $8.4 million of State education aid
to the Board of Education. To provide another $1.5 million to the Board at the
expense of public safety places an unfair burden on the City general fund
budget. The $8.4 million increase in State education aid and the $6.6 million
increase in State aid to the City results in both budgets increasing by
approximately the same 3% in 1991-92.
I am not proposing using any of the additional revenue for grants-in-aid
because I am aware Your Honorable Body is already funding these organizations
at $2.8 million from cuts you have made (with which I disagree) to other parts
of the City budget.
The action by the State legislature would help restore needed funding
public safety but it would still leave the City of Buffalo with a $15 million
cut in State aid in 1991-92 and an increase in State education aid of
approximately $5.7 million.
It has been a difficult enough budget year for the City of Buffalo and I
call upon Governor Cuomo not to veto any increases in Buffalo education or
general purpose aid.
RECEIVED AND FILED.
No.3
Draft - Horizons Waterfront
Master Plan
I herewith transmit to you the draft Action Plan proposed by the
Horizons Waterfront Commission. We have been advised by the Commission's
Executive Director, Mr. Thomas Blanchard, Jr., that this document constitutes
the final draft of the Horizons Waterfront Master Plan (draft HWMP) requiring
your review pursuant to Paragraph 4.A of the Horizons Waterfront Commission
Intermunicipal Cooperation Agreement. Please find attached a copy of that
Agreement.
The Intermunicipal Cooperation Agreement requires your Honorable Body to
review this final draft and determine whether this plan, as it applies to
property within the City of Buffalo, is in the best interests of the City of
Buffalo. If you determine that this plan is not in the best interests of the
City, the Intermunicipal Cooperation Agreement requires that you make such a
finding by resolution within ninety (90) days of receipt of this draft HWMP.
This resolution will then enable the City to file written objections with the
Commission. It would then be mandatory for the Commission to initiate a
procedure to consider changes to the draft HWMP.
I would like to offer you a few comments regarding the draft HWMP for
your consideration. First and foremost, the Commission did not incorporate
into the draft HWMP the full body of its Goals and Objectives for the Erie
County Waterfront. This document was finalized in July of last year and is key
to the Action Plan/draft HWMP. As the Goals and Objectives document states:
"Developing an Action Plan without a prior statement of goals would be like
embarking on a journey without a destination. It is essential to have a clear
consensus and written expression of the destiny we desire for the Waterfront".
It seems to me that the governing bodies of the municipalities
participating in this venture should have been given an opportunity to review
this document in full, rather than just the brief references to and excerpts
from it that are contained in the Action Plan.
In addition, please consider the following:
1. The public improvements component of City of Buffalo projects are
specifically proposed to be funded solely by the City whereas the question of
funding responsibility for public improvements for non-City projects is left
vague or non-specific. Not only is this overly burdensome on City taxpayers
but, more importantly, ignores the clear intent of the Intermunicipal
Cooperation Agreement to undertake a regional approach to waterfront
development and to focus on the State as a primary funding source for the
Plan's implementation.
2. While I did not recommend devoting the entire NFTA controlled Outer
Harbour tract (from Seaway Piers to Bell Slip) for parkland, your Honorable
Body chose such option for the City's Local Waterfront Revitalization Program
(LWRP) and as such, this is now the City's official position.
The Horizons Waterfront Commission Master Plan recommends that a mixed
commercial and residential development intrude into this 90 acre tract.
3. To make up for this lost parkland, the Master Plan would eliminate
existing industrial uses like Freezer Queen and the City's only deep water port
and turn that land into parkland. The LWRP adopted by the Common Council
recommends continuing the present uses and encouraging development of the
existing Port of Buffalo for waterbourne transportation of cargo and people.
4. In a number of instances the Master Plan would eliminate positions of a
water-dependent use in favor of housing. Again, this is inconsistent with the
City LWRP which strives to maintain existing water dependent uses to the
greatest extent possible.
Notwithstanding these concerns, I believe that it is important that we
look at what is most important to the residents of the City and the
County-project development. I propose that the $70,000 budgeted in the 16th
Year Community Development Block Grant Program for "Waterfront Park Planning"
be used along with Horizons Commission funds, County funds and other local
funds to begin plans the preparation of plans and specifications for those
projects which have been included in both the draft Action Plan and individual
communitys final or proposed local Waterfront Revitalization Programs.
I am sure that you will give this matter your fullest attention before
your summer recess so that the City's position can be timely made and
considered by the Horizons Waterfront Commission prior to its adoption of the
Master Plan. My administration is prepared to give you whatever assistance you
may need in your review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.4
Appointment of Member 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 Frank
Perez, residing at 146 Vincennes Street, Buffalo, New York 14206, as a member
of the Advisory Committee for People with Handicapping Conditions for a term
expiring March 31, 1994.
Frank Perez, the Fair Housing Officer for the City of Buffalo, will fill
the unexpired term of John J. Farrell who has resigned.
I hereby certify that Frank Perez is fully qualified to serve as a member
of the Advisory Committee for People with Handicapping Conditions.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No.5
T. Lee - Request to place an illuminated awning in the right-of-way.
Item No. 97, C.C.P., May 28, 1991.
The city Planning Board at its regular meeting held Tuesday, June
18, 1991 considered the above request pursuant to Sections 413-56 and 511-56 of
the Buffalo Code, Review of Right-of-Way Encroachments and the Provision of the
Elmwood Business Special Zoning District.
The Planning Board voted to receive and file the matter since Your
Honorable Body has already approved it (see item No. 11, C.C.P., June 11,
1991).
RECEIVED AND FILED.
No.6
R. Campbell - Request for permanent encroachment in
right-of-way et 358 Amherst.
Item No. 83, C.C.P., June 11, 1991.
The City Planning Board at its regular meeting held Tuesday, June
18, 1991 considered the above request pursuant to Section 413-1 of the Buffalo
Code, Right-of-Way Encroachments.
The applicant in seeking to build a roof over en existing second-story
porch was informed by the city that the first floor addition, which was built
in 1910, encroached upon the city right-of-way by one-quarter (1/4) inch.
The planning Board voted to approve the permanent encroachment and notes
that under S.E.Q.R., the matter may be considered a type II action which does
not require further environmental review.
RECEIVED AND FILED.
No.7
Refuge Temple of Christ Inc, - Request to place an illuminated pole sign at 943
Jefferson Avenue.
Item No. 82, C.C.P., June 11, 1991.
The City Planning Board at its regular meeting held Tuesday, June
18, 1991 considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to place an accessory illuminated pole sign entirely
on private property with a sign face area of 36 square feet (6 feet by 6 feet)
and an overall height of 15 feet.
The site is located in a C2 zone which permits pole signs of this size
and height. Under S.E.Q.R., the proposed sign is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No.8
Benderson Development - Request to place an accessory ground sign.
Item No. 84, C.C.P., June 11, 1991.
The City Planning Board at its regular meeting held Tuesday, June
18, 1991 considered the above application pursuant to Section 387-19 of the
Buffalo Code, Ground Sign Review.
The applicant seeks to place an illuminated ground sign entirely on
private property. The sign will have a face area of 72 square feet (8 feet by
9 feet) and will be 12 feet in overall height. A landscaped brick planter will
be incorporated at the base of the sign.
The site is located in an HI zone which permits pole signs and is within
the sign area requirements for that zone. Under S.E.Q.R., the proposed sign is
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.9
Appointment of Member of
Buffalo Pest Management Board
Pursuant to the powers vested in the Buffalo Environmental Management
Commission by Section 6-41 of the Charter of the City of Buffalo, the
Commission hereby appoints Roxanne Ruland McCoy, residing at 1547 Amherst
Street, Buffalo 14214, as a member of the Buffalo Pest Management Board.
The Commission certifies that Roxanne Ruland McCoy is fully qualified to
serve as a member of the Buffalo Pest Management Board.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No.10
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-EXEMPT ITEMS
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $6,54? be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they wore appropriated.
DATED: BUFFALO, NEW YORK, JUNE 6, 1991
RECEIVED AND FILED.
No.11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $500 be transferred and reappropriated from various accounts in
Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JUNE 21, 1991
RECEIVED AND FILED.
No.12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $16,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JUNE 21, 1991
RECEIVED AND FILED.
No.13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
MISCELLANEOUS CHARGES
DEPARTMENT OF STREET SANITATION
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is
necessary that the sum of $35,000 be transferred and reappropriated from
various accounts in Appropriation Allotments - various Departments, as set
forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JUNE 19, 1991
RECEIVED AND FILED.
No.14
Exclusive Use Easement
David P. Rechin
Brinton Street Property
Pursuant to Item #19, C.C.P. January 22, 1991, the Common Council
approved the request for an exclusive use easement of City-owned property by
Mr. David Rechin of 106 Brinton Street.
Through a recent discussion with Mr. Rechin, it was discovered that he
was desirous of using 6.5 feet adjoining his property and not 3 feet as the
exclusive use agreement presently reflects.
My office has contacted the Buffalo Sewer Authority with regard to the
increase in footage in the exclusive use easement, They have indicated they
have no objection to the increase. However, it was clearly stipulated that the
property owner would be responsible for restoring the concrete drive should the
Buffalo Sewer Authority need to excavate for maintenance or repair.
Therefore, this office is requesting that Your Honorable Body correct
Item #19, C.C.P. January 22, 1991 to read use of 6.5 feet instead of 3 feet in
the exclusive use easement.
MR. FAHEY moved:
That the communication from the Comptroller, dated June 19, 1991, be
received and filed; and
That the exclusive use easement of City-owned property by Mr. David
Rechin of 106 Brinton Street (Item No. 19, C.C.P., January 22, 1991) be amended
to reflect that Mr. Rechin be permitted to use 6.5 feet of City-owned land
adjoining his property in lieu of 3 feet of City-owned land as the agreement
presently reflects.
PASSED.
AYES-12 NOES-0.
FROM THE COMMISSIONER OF PUBLIC WORKS
No.15
Extension of Time on Contract
New Roof
Kleinhans Music Hall
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Grove Roofing Co. C-9l594000, the work should have been
completed by February 8- 1991.
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 July 12, 1991 to Grove Roofing Co. to
complete the work of their contract.
RECEIVED AND FILED.
No.16
Extension of Time on Contract
Reconstruction of
Millard Fillmore Monument Area
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and LCP Construction Corp. C-9l598400, the work should have been
completed by May 8- 1991.
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 July 30, 1991 to LCP Construction to
complete the work of their contract.
RECEIVED AND FILED.
No.17
Report of Bids - Reclamation/Overlay
Phase I - 1991-1992
This is to advise your Honorable Body that I have advertised and
received bids on Wednesday, June 19, 1991 for Reclamation/Overlay Phase I
1991-1992.
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 Are or less
than the total bid.
The following bids were received:
Amherst Paving, Inc. $477,363(LOW)
Destro & Brothers Concrete Co., Inc $503,700
Thoman & Loewer Asphalt Paving Co. $543,538
DiPizio Construction Company, Inc. $601 , 973*
I hereby certify that the lowest responsible bidder for the above project
is Amherst Paving, Inc., the cost thereof to be to the O&M Account
100-401-014-561 in an aunt not to exceed $477,363.
The engineer's estimate for this work is $550,000. The attached is
certified to be a true and correct statement of the two (2) lowest 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 August 3, 1991.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No.18
Report of Bids - Repair to City Pavements -1991-1992
This is to advise your Honorable Body that I have advertised and
received bids on Wednesday, June 19, 1991 for Repair to City Pavements 1991-92.
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:
Amherst Paving
, Inc. $357,535.00 (LOW)
Destro and Brothers Concrete $363,580.50
Thoman & Loewer Asphalt Paving Co. $376,820.50
DiPizio Construction $415,51 6. 50*
Corrected
I hereby certify that the lowest responsible bidder for the above project
is Amherst Paving, Inc., the cost thereof to be to the O&M Account
100-401-014-561 in an amount not to exceed $357,535.
The engineer's estimate for this work is $350,000.00. The attached is
certified to be a true and correct statement of the two (2) lowest 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 August 3, 1991.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No.19
Report of Bids Exchange St. - Phase II Chicago to +200' East of Louisiana Group
#326
Item No. 33, C.C.P. 7/31/90
As authorized and directed by your Honorable Body in Item #33,
CCP of 7/31190, I have advertised and received bids on June 19, 1991 for
Exchange Street - Phase II - Group #326 - Chicago Street to +200' East of
Louisiana 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:
Destro Brothers Const.Co.$710,566.00
Anastasi Trucking $717,621.00
DiPizio Construction Co., Inc.$735,293.00
Omer Construction Co. , Inc.$766,551.00
Hartford Paving Corp.$767,848.85
Amadori Const. Co., Inc.$789,142.50
Surianello Gen. Contr., Inc.$831,733.40
Nichter Utility Const.Co., Inc.$835,057.50*
Holmes & Murphy, Inc.$870,328.50
*CORRECTED TOTAL
I hereby certify that the lowest responsible bidder for the above project
is Destro Brothers Construction Company, Inc., and I respectfully recommend
that your Honorable Body order the work the cost thereof to be charged to the
following Capital Project Bond Accounts - 200-401-094, 200-401-536 (plus
permission to transfer $146,476.48 from Division of Water Enterprise Fund,
Capital Project Fund 415-076 into Capital Project Bond Account 200-401-094 ) in
an amount not to exceed $710,566 plus approved unit prices not to exceed an
additional amount of $70,000.
The engineer's estimate for this work is $879,048.25. The attached is
certified to be a true and statement of all 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 August 2, 1991. Individual bid submissions are
available in our office for inspection and copies are available upon request.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated June
20, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Exchange St. - Phase II, Chicago to +200' East of
Louisiana Group #326 to Destro Brothers Construction Co., the lowest
responsible bidder in the amount of $710,566.00 plus approved unit prices not
to exceed an additional $70,000.00, with said cost to be charged against the
following Capital Project Bond Accounts: 200-401-094; 200-401-536 (plus
permission to transfer $146,476.48 from Division of Water Enterprise Fund,
Capital Project Fund 415-076 into Capital Project Bond Account 200-401-094.
PASSED
AYES-12 NOES-0.
No.20
Report of Bids Reconstruction of
Masten CAO Center
735 Humboldt Parkway
Buffalo, NY
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on June 4, 1991 and received the following sealed
proposals which were publicly opened and read on June 18, 1991.
Baker Development 46,500.00
Miller Enterprises 53,000.00
LCP Construction 53,372.00
Feddington-Allen, Inc 59,980.00
Seneca-Hawk, Inc 61,190.00
Triple A Construction Inc 63,500.00
Nichter Associates, Inc 64,896.001
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Baker Development in the amount of $46,500 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-091 - Division of Buildings.
Estimate for this work was $55,000.00.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated June
18, 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 Hasten CAO Center, 735 Humboldt Parkway
to Baker Development, the lowest responsible bidder in the amount of
$46,500.00, with said cost to be charged against the B/F 200-402-091 Division
of Buildings.
PASSED
AYES-12 NOES-0.
No.21
Report of Bids Partial Reconstruction 2nd Floor-South Wing Police Headquarters
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on June 4, 1991 and received the following sealed
proposals which were publicly opened and read on June l8, 1991.
General Construction Work
Seneca-Hawk, Inc. 27,679.00
Arcon Systems, Inc 29,593.00
Baker Development 31,800.00
LCP Construction 32,878.00
Nichter Associates, Inc. 37,373.00
Heating Work
Joseph Higgins, Inc. 13,999.00
Moffett Heating Corp. 15,317.00
Bosch Enterprises, Inc. 17,750.00
Colgate Heating Corp 21,899.00
Electrical Work
Tunney Electric 8,120.00
Goodwin Electric Corp. 8,440.00
Weydman Electric, Inc. 9,460.00
Ferguson Electric Const. 10,400.00
Grand Island Elec. 10,501.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Seneca-Hawk, Inc. in the amount of $27,679.00.
Heating Work - Joseph Higgins, Inc. in the amount of $13,999.00. Electrical
Work - Tunney Electric in the amount of $8,120.00.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bids. Funds for this work are in B/F
200-402-513 - Division of Buildings.
Total Estimate for this work was $45,000.00.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated June
18, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award the following contracts to the lowest responsible bidders indicated for
the work of partial reconstruction of Police Headquarters, 2nd Floor, South
Wing:
General Construction Work
Seneca-Hawk, Inc. $ 27,679.00
Electrical Work
Tunney Electric $ 8,120.00
Heating Work
Joseph Higgins, Inc. $13,999.00
with the total costs thereof to be charged to B/F 200-402-513 Division of
Buildings.
PASSED
AYES-12 NOES-0.
No.22
Report of Bids New Parkside Entrance Buffalo Zoological Gardens Buffalo, New
York 14216
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on June 4, 1991 and received the following sealed
proposals which were publicly opened and read on June 18, 1991.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that the following are the lowest responsible bidders in
accordance with the plans and specifications:
General Construction Work - Ferraina Construction, Inc. in the amount of
$502,000.00 Base Bid plus Alt #1 $31,000.00 and Alt #2 ($52,000.00) for a total
of $481,000.00.
Plumbing Work - C & C Plumbing & Heating, Inc. in the amount of $24,500.00.
Heating & Ventilating work - Allied Mechanical, Inc. in the amount of
$51,490.00 Base Bid plus Alt #l $2,000.00 and Alt #2 ($1,400.00) for a total of
$52,090.00.
Electrical Work - Grand Island Electric Inc. in the amount of $43,034.00 Base
Bid plus Alt #l $553.00 and Alt # ($300.00) for a total of $43,267.00.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bids. Funds for this work will be
available in B/F 200-402-070 - Division of Buildings.
Total estimate for the work was $750,000.00.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated June
18, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award the following contracts to the lowest responsible bidders indicated for
the work of New Parkside Entrance, Buffalo Zoological Gardens:
General Construction Work
Ferraina Construction, Inc. $481,000.00
Electrical Work
Grand Island Electric, Inc. $ 43,287.00
Plumbing Work
C & C Plumbing & Heating, Inc. $ 24,500.00
Heating & Ventilating Work
Allied Mechanical, Inc. $ 52,090.00
with the total costs thereof to be charged to B/F 200-402-070, Division of
Buildings.
PASSED
AYES-12 NOES-0.
No.23
Ohio Street Lift Bridge Emergency
On May 6, 1991 I declared an emergency at the Ohio Street Lift
Bridge due to the failure of one of the south tower thruster brakes. This
situation caused the bridge to jam during a lift and reduced it's stopping
capacity.
The situation necessitated immediate action. I therefore instructed
Engineering Maintenance Personnel to take appropriate action to have the lift
bridge put back in service as soon as possible. This required Maintenance
Personnel to remove this thruster brake and send it to General Electric to have
it rebuilt. Funds were available in Account #01500523.
RECEIVED AND FILED.
No.24
Payment for Stored Materials
University Heights Community Center
Warren's Electric Company
The electrical construction contractor, Warren's Electric Company
-C19l605l00, for the new University Heights Community Center has requested
prepayment for stored equipment which will be incorporated into the project.
The approximate value of this equipment is:
Lighting Fixtures $29,000
Generator 9,500
Fire Alarm System 7,500
Panel boards 11,000
Scoreboard 2,400
Miscellaneous Equipment 15,000
$74,400
I recommend that your Honorable Body authorize payment of 80% of their invoiced
cost for these materials, but not to exceed $59,520.00 provided that Warren's
Electric Company provide copies of their invoices, proof of possession and an
insurance policy protecting the City of Buffalo against loss, damage or
deterioration in the full amount of their invoice.
The contract (#91605100) is currently encumbered against 200-402-518.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated June
20, 1991, be received and filed; and
That the Comptroller be and he hereby is authorized to make a prepayment
to Warren's Electric Company for storage of equipment to be incorporated into
construction of the new University Heights Community Center in the amount of
eighty percent (80%) of Warren's invoiced costs for the materials, but not to
exceed $59,520.00 provided that Warren's Electric Company provide copies of
their invoices, prove possession of the equipment and provide an insurance
policy protecting the City of Buffalo against loss, damage, or deterioration in
the full amount of the invoice costs. Costs to be charged against 200-402-518
PASSED.
AYES-12 NOES-0.
No.25
Sorrento Cheese Company, 2375 South Park Avenue, Requests Permission to Install
Conduits Within City Right of Way
Mr.Richard E. Potter of Sorrento Cheese Company, located at 2375
South Park Avenue, has requested emission to install three conduits which would
encroach City Right-of-Way at said address.
The proposed conduits would connect Sorrento Cheese offices (via
telephone and computer lines) located on opposite sides of South Park Avenue.
The conduits would replace -sting overhead wiring and be installed four feet
below the pavement area.
This portion of South Park Avenue presently is being reconstructed and no
excavation of City pavement would be necessary to install the conduits.
The Department of Public Works has reviewed Mr. Potter's application
pursuant to Chapter 413-67 Encroachment Regulations) and has no objection to
your Honorable Body authorizing the Commissioner of Public Works to issue a
"mere License" to Sorrento Cheese for said installation provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the conduits are installed a minimum, of 36 inches below the
sidewalk and/or pavement surface.
3. That the applicant supply the Dept. of Public Works with a set of "as
built" plans of the conduits upon completion of installation.
4. That the applicant supply the Department of Public Works 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, use and removal of said conduits.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No.26
110 Pearl Street
Request permission to install a Sidewalk Cafe
Mr. Tony Hurdleman, owner of Cheers Restaurant located in the
Dun Building, 110 Pearl Street, has requested permission to install a sidewalk
cafe which would encroach city right of way at said address.
The proposed cafe would be located on the north side of the Dun Building
where there is ample sidewalk space and measure thirty seven feet in length and
project fourteen feet from an existing entrance to the building into city right
of way.
The Department of Public Works has reviewed Mr. Hurdlemans request
pursuant to Chapter 413-5 (sidewall: cafes) of the City ordinances and has no
objection to your Honorable body authorizing the Commissioner of Public Works
to issue a "Mere License to Cheers Restaurant for said installation provided
the following conditions are met
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
4. That the sidewalk cafe doe completely removed from city right of way from
November 15 to April 1 each year.
5. 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 IV Section 59 (Sidewalk Cafes) of the City Ordinances
b. 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 sidewall cafe.
REFERRED TO THE COMMlTTEE ON LEGISLATION, AND THE CITY PLANNING BOARD
No.27
Restaurant/Dancing Class I 325 Fuhrmann Blvd. 1st Floor
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 325 Fuhrmann Blvd. 1st Floor, and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class I License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations and
other applicable lows.
I have caused an investigation by the Police Department into the moral
character of Mark E. Stone. The Police Department's approval is attached
hereto.
In consideration of the application of:
Breakers on the Waterfront
Mark E. Stone
325 Fuhrmann Blvd. 1st Floor
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.28
Restaurant/Dancing Class I 325 Fuhrmann Blvd. 2nd Floor
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 325 Fuhrmann Blvd. 2nd Floor, and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class I License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations and
other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Mark E. Stone. The Police Department's approval is attached
hereto.
In consideration of the application of:
Breakers on the waterfront
Mark E. Stone
325 Fuhrmann Blvd. 2nd Floor
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.29
Restaurant/Dancing Class III
56 West Chippewa Street
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 56 West Chippewa Street and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant-Dancing Class III License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations, and
other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Mark Goldman. The Police Department's approval is attached
hereto.
In consideration of the application of:
Calumet Arts Cafe
Mark Goldman
56 West Chippewa Street
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.30
Restaurant/Dancing Class IV
1683 Main Street
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 1683 Main Street and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class IV License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations, and
other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Mark T. Supples. The Police Department's approval is attached
hereto.
In consideration of the application of:
The Pink Flamingo Bar & Grill
Mark T. Supples
1683 Main Street
Buffalo, New York
This request is submitted for your - consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.31
South Buffalo Lions Club, Inc. Solicitation of Funds
Attached is an application for Solicitation of Funds for the South
Buffalo Lions Club, Inc. to solicit funds in the Buffalo area for the month of
July 1991. In accordance with Chapter 316, Article VI of the City of Buffalo
Ordinance, I hereby refer this matter to your Honorable Body.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated June
10, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue an exemption from the licensing requirements of Chapter 316, Article VI
of the Buffalo Code for soliciting funds to the South Buffalo Lions Club for
the month of July, 1991.
PASSED.
AYES-12 NOES-0.
No.32
South Buffalo Lions Club, Inc. Solicitation of Funds
Attached is an application for Solicitation of Funds for the South
Buffalo Lions Club, Inc. to solicit funds in the Buffalo area for the month of
August 1991. In accordance with Chapter 316, Article VI of the City of Buffalo
Ordinance, I hereby refer this matter to your Honorable Body.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated June
20, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue an exemption from the licensing requirements of Chapter 316, Article VI
of the Buffalo Code for soliciting funds to the South Buffalo Lions Club for
the month of August, 1991.
PASSED.
AYES-12 NOES-0.
No.33
Solicitation of Funds Application
for Greenpeace Action
Attached is an application for Solicitation of Funds for Greenpeace
Action to solicit funds in the Buffalo area from July 15 to August 15, 1991.
In accordance with Chapter 316, Article VI of the City of Buffalo Ordinance, I
hereby refer this matter to your Honorable Body.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated June
l8, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue an exemption from the licensing requirements of Chapter 316, Article VI
of the Buffalo Code for soliciting funds to the Greenpeace Action for the
period July 15 to August 15, 1991.
PASSED.
AYES-12 NOES-0.
No.34
Application for Solicitation of Funds
Attached is an application for Solicitation of Funds for the Citizens
Campaign for the environment to solicit funds in the Buffalo area. for the
period of June 14, 1991 through July 14, 1991 In accordance with Chapter 316,
Article VI of the City of Buffalo Ordinance, I hereby refer this matter to your
Honorable Body
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated June
5, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue an exemption from the licensing requirements of Chapter 316, Article VI
of the Buffalo Code for soliciting funds to the Citizens Campaign for the
Environment for the period June 14 to July 14, 1991.
PASSED.
AYES-12 NOES-0.
No.35
RESTORE WATER SHUT-OFF
31 KINGSLEY
CCP #38 5/14/91
CCP #86 5/28/91
Please be advised the Director of Water, Michael J. Martin, contacted
National Fuel and made them aware of the situation as the water box was
apparently damaged by National Fuel. National Fuel agreed to make repairs to
the box.
As of June 4, 1991 the repairs were made by National Fuel's contractor.
The repairs were inspected by the Division of Water and found to meet with our
approval.
RECEIVED AND FILED.
No.36
402 Kenmore Avenue
Item No. 90, CCP. 5/28/91
In response to your question regarding the sale of the above named
property, please be advised that Kenmore Avenue, from Military to Main street,
is on the New York State 5 Year Transportation Improvement Program (TIP).
Kenmore Avenue has a 36' pavement and the right-of-way varies. The
ownership is approximately the centerline of the street, the south half being
owned by the City of Buffalo and the north half the County of Erie. If this
project becomes a reality, Kenmore Avenue most likely will be widened 5' on
both the north and south side of the street.
Attached is a segment of Tax Section 10, Map 89 of this general area. As
you can see, an additional 3.75' has been reserved for street purposes at most
locations. We recommend d the 3.75' remain reserved for street purposes and
not sold with the parcel in question. Sale of the parcel should be approved by
Community Development which had plans for the LaSalle Station connector road to
be built in this area.
REFERRED TO THE COMMlTTEE ON FINANCE
FROM THE COMMISSIONER OF PARKS
No.37
Concessionaire - Bennett Beach
This communication with proposed attached lease is sent to Your
Honorable Body for approval.
The 4 C's Sailing Center has operated a small craft sales, service and
launching facility for the past seven years, six (6) under the jurisdiction of
Erie County and one (l) year under the jurisdiction of the City of Buffalo. 4
C's was the sole respondent to the RFP requesting Sailing Operations.
The City of Buffalo Parks and Recreation Department will be solely
responsible for the operation of the Bennett Beach swimming and picnic areas.
Olympic Management Corporation
, whose lease was previously approved as the Operator of Bennett Beach, has
withdrawn their proposal.
It is to be noted that in the future if we would contract with a
corporation to run Bennett Beach it would be done with no interference with the
4 C's operation. Both would be separate entities, entirely two different
operations.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
FROM THE COMMISSIONER OF POLICE
No.38
Req. Change Traffic Ord.
[Item No. 145,C.C.P. 06/12/91
In regards to the above C.C.P. #145, please be advised that the
Buffalo Police Department has no objection to changing the Traffic Ordinance
Chapter 469, Section 15, Subsection 21, to read, "15 feet from the point where
the extended adjacent curb lines of intersecting streets meet."
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.39
Distribution of Sexual
Material on School Property
Regarding the leaflets distributed to students outside local schools,
I submit the following:
The Buffalo Police Department has researched the statutes in the New York State
Penal Law pertaining to salacious materials, and we find no violation of
existing law. This department also contacted Assistant District Attorney John
LeFranks, advisor to this department on obscenity matters. He advises this
department that there is nothing illegal about the leaflets. The material may
be in bad taste, but it is not in violation of existing laws.
Relative to the question of local ordinances governing this type of material,
the Buffalo Police Department will enforce any laws on the books.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.40
Manpower-Sex Offense Squad
The enclosed Buffalo Police Department Intra-Departmental Correspondence
from Chief of Detectives, Angelo P. Alessandra is forwarded in response to your
request of June 7, 1991.
The statistics you requested are for years of 1985 through early June 1991.
I hope that this information will be of help to you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No.41
OPINION CONCERNING APPEALS FROM
A PRESERVATION BOARD ACTION
You have requested an opinion from this office as to whether the
Common Council or the Legislation Committee is the proper body to decide an
appeal of a Preservation Board action.
Section 337-26 of the Buffalo Code entitled "Appeals" unequivocally
states that although the Committee on Legislation conducts a hearing on the
matter and recommends to the Common Council the action to be taken, it is the
Common Council which makes the determination.
RECElVED AND FILED.
No.42
Retirement Incentive
Item No. 148, C.C.P., 6/11/91
You have requested this office to review the above item and comment
and or recommend accordingly.
Please be advised that legally a municipality is authorized to offer the
early retirement program as proposed by Assembly Bill A-8478-A by local law or
by resolution. Be further advised that such program Is also available to school
districts which the referenced item neglects to mention in its first resolve
clause; and that with respect to employees of a school district the open period
may not extend beyond August 30, 1991 whereas with respect to other employees
it may not extend beyond December 31, 1991.
Moreover, the bill generally offers an employer two options if it chooses
to elect the retirement incentive provided by this act:
1.) An untargeted or open program, which (beyond individual eligibility
requirements) contains no restrictions on who may receive the incentive and/or
on refilling the resultant vacancies the only option for teachers);
2.) A targeted plan offered to those persons in titles where a certain
number of positions are determined to be eligible by the chief executive
officer (the Mayor). With respect to a targeted plan while there is no
requirement that such positions be eliminated, the employer is expected to save
at least fifty percent of the base salaries that would have been paid to the
targeted retirees over a two-year period.
This office has been advised by the Office of the Director of the Budget
that with respect to targeted retirees an appreciable number of positions
would, of' necessity, be required to remain vacant for at least a year in order
to realize the mandated fifty percent savings and that given the fact that
there does not exist an excess of positions, services otherwise provided by
such employees could be severely curtailed.
In conclusion, while this act may be beneficial to the employees, it
portends to have a negative benefit for the City in terms of illusory cost
savings and diminution of essential services being provided to the taxpayer.
For a more detailed analysis, we respectfully suggest that Your' Honorable Body
refer this matter to the Director of the Budget.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No.43
Exclusion of Canisius College from
Hamlin Park Overlay Review District
Item No. 225, C.C.P., 5/28/911
You have asked this office to explain why Canisius College can
be excluded from the )Hamlin Park Overlay Review District.
The Hamlin Park Overlay Review District is an amendment to the zoning
Ordinances known as Chapter 511, Section 68.1. As such, it is a zoning
ordinance itself.
Pursuant to Chapter 511-126(A) "the Common Council may from time to time,
on its own motion or on petition, after public notice and hearing, amend,
change or supplement the regulations and districts established under this
chapter."
Therefore, Canisius College can be excluded because the Code provides
that changes and amendments are authorized provided proper procedures are
followed:
Chapter 511-126(A) further provides that if: "a protest against a
proposed amendment, supplement or change be presented, duly signed and
acknowledged by the owners of twenty per centum (2O%) or more of the area of
land immediately adjacent extending on (sic) hundred (lOO) feet therefrom or by
the owners of twenty per centum (2O%) or more of the area of land directly
opposite thereto extending one hundred (lOO) feet from the street frontage of
such opposite land such amendment shall not be passed except by a three fourths
vote of the Council."
REFERRED TO THE COMMlTTEE ON LEGISLATlON.
No.44
Response to questions on
Reapportionment Local Law
Mr. Pitts wrote a letter to me dated June 3, 1991 dealing with
procedures relative to the adoption of local laws concerning reapportionment.
My responses to the questions posed therein are as follows:
1. Does the so-called Coppola amendment represent a substantial change?
2. The so-called Coppola amendment does not represent a substantial
change. This Local Law Introductory No. 12 (1991) as approved by Your Honorable
Body was in its proper final form, as approved by me, from the time it was
introduced by a member of the Council. A review of the chronology of events
from the time it was introduced to the time it was signed by the Mayor clearly
indicates full compliance with all requirements of the Municipal Home Rule Law,
Article 2, Section 10 and Article 3, Section 20.
3. The timetable for the adoption of the local law, if I understand your
question is as follows:
No local raw shall be passed until it shall have been in its final form and
either upon the desks or table of the members at least seven (7) calendar days,
exclusive of Sunday or if mailed to each member at least ten (10) days
exclusive of Sunday unless the Mayor shall have certified as to the necessity
for immediate passage. (Mun. Home Rule Law Sec. 2O). The legislative body
shall not adopt such proposed local law until after a public hearing has been
held before that body upon notice, in which-event no public hearing before the
Mayor is required (Mun. Home Rule Law, Art. Sec. 21.) Thereafter, every local
law shall be certified by the clerk after its passage by the legislative body
and shall be presented to the Mayor for approval by him. Once he signs it and
returns it to the Clerk, then it shall be deemed to have been adopted. (Mun.
Home Rule Law, Sec. 21). A local law, relating to reapportionment, subject to
a referendum or petition, shall not take effect until at least forty-five (US)
days after its adoption (Mun. Home Rule Law, Sec. 2U). With respect to a local
law subject to permissive referendum and where no petition was filed requesting
the referendum. a certified copy of the local law shall be filed in the Office
of the City CIerk, and three certified copies in the Office of the Secretary of
State within five (5) days after the time for filing of such petition shall
have expired. Notwithstanding the effective date of any local law, it shall not
become effective before it is filed in the Office of the Secretary of State.
(Mun. Home Rule Law, Sec. 27).
4. The proper method for petitioning against such a local law is found in
the Municipal Home Rule Law, Sec. 2U, and is paraphrased as follows:
The petition may be made upon separate sheets and the signature to each
sheet shall be signed and authenticated in the manner provided by the election
law for the signing and authentication of nominating petitions so far as
applicable. The several sheets so signed and authenticated when fastened
together and offered for filing, shall be deemed to constitute one petition.
The petition must be signed and authenticated by qualified electors of the City
registered to vote in the City at the last preceding general election in number
equal to at least five (5) per cent or 15 thousand (whichever is less) of the
total number of votes cast for governor at the last gubernatorial election in
the City of Buffalo. Further, the petition must be filed with the City Clerk
within forty-five (US) days after its adoption. The Clerk must examine each
petition so filed and not later than thirty (30) days after the date of its
filing, or forty-five (45) days before the day of the election at which the
referendum would appear on the ballot, whichever is earlier, shall transmit to
the Common Council a certificate that he has examined it and has found that it
does or does not comply with all the requirements of law.
5. With respect to the Pitts Compromise reapportionment plan Mr. Pitts
verbally dictated the council district description to Law Department
stenographers who then had to transcribe same from notes. Howard Mandell, City
surveyor, spent a day or two confirming the descriptions. With all due respect,
the Law Department was not responsible for preparation of any of the
reapportionment plan but generously agreed to provide typing. Moreover, our
staff typed four or five such proposals for Your Honorable Body in addition to
their normal heavy workload. While it is unfortunate the Pitts Compromise may
have been late filed, our staff performed to the best of their abilities and
were not in control of the document while being examined by the City surveyor.
Given that Local Law Introductory No. 12 had already been passed by Your
Honorable Body on May 24, 1991 prior to introduction of the Pitts Compromise on
May 28, 1991, the Council was well within its legal authority to receive and
file that plan obviating the need for a public hearing.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.45
Refuge Temple of Christ Inc. - Request to place an illuminated pole sign at 943
Jefferson Avenue. E.A.F.
Item No. 82, C.C.P., June 11, 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 June 18, 1991 be received and filed; and
That Item No. 82, C.C.P., June 11, 1991 "REFUGE TEMPLE OF CHRIST INC. -
REQUEST TO PLACE AN ILLUMINATED POLE SIGN AT 943 JEFFERSON 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); and
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.46
Benderson Development - Request to place an accessory ground sign. E.A.F.- 699
HERTEL
Item No. 84, C.C.P., June 11, 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 June 18, 1991 be received and filed; and
That Item No. 84, C.C.P., June 11, 1991 "BENDERSON DEVELOPMENT - REQUEST
TO PLACE AN ACCESSORY GROUND SIGN" 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); and
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.47
Correct Bond Account
Watermain Replacement
Beck Street/K-Mart Project
Item No. 60,
C.C.P.- May 28, 1991
On May 28, 1991 Your Honorable Body approved the bids for watermain
replacement on Beck Street.
At that time we indicated that the funding source was Bond Fund Account
200-717-002. Please be advised that the correct account number should read
200-717-008.
RECEIVED AND FILED.
No.48
Sidewalk and Curb Replacement
Gibson and Mills Streets/K-Mart Project
The Department of Community Development opened and publicly read
bids for sidewalk replacement of the east side of Gibson and west side of Hills
Street. The bid results are as follows:
MPJ $ 82,750.00
Masters Edge 84,000.00
Mazzini 89,700.00
Danco 105,690.00
Comporello 108,525.00
Pecoraro 110,535.00
Enviro Concerns 115,200.00
Sunshine 117,900.00
Tri-Star 119,700.00
Surianello 139,800.00
Work includes the furnishing of labor, materials and installation of new
underdrain.
We are requesting that MPJ, 68 Churchill Street, Buffalo, New York,
14207, be approved as the lowest responsible bidder. Funds are available in
Bond Fund 200-717-008.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated June 20, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for sidewalk and curb replacement, Gibson and
Mills Streets to MPJ, the lowest responsible bidder in the amount of
$82,750.00, with said cost to be charged against the Bond Fund 200-717-008.
PASSED.
AYES-12 NOES-0.
No.49
Permission to Accept Fund Transfer Main Street Curb Cuts
I respectfully request that Your Honorable Body accept a fund
transfer for the construction of new handicapped curb cuts on Main Street. The
amount is $18,000 from Community Development Block Grant Account 91-60203 to
Capital Project Account 200-401-095 in the Division of Engineering.
This transfer will pay for the construction of 22 handicapped ramps on
Main Street in the University Heights Business Area on a unit price basis under
a Public Works Resurfacing City Pavements Contract.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated June 13, 1991, be received and filed; and
That the Comptroller be and he hereby is authorized to transfer the
amount of Eighteen Thousand Dollars ($18,000.00) from Community Development
Block Grant Account 91-60203 to Capital Project Account 200-001-095 in the
Division of Engineering to be used for payment of construction costs for
twenty-two (22) handicapped ramps on Main Street in the University Heights
Business Area under a Public Works Resurfacing City Pavements Contract.
PASSED.
AYES-12 NOES-0.
No.50
Designation of
Representative-Hazardous
WasteSite Task Force
I am hereby naming Mr. James Smith as my representative to the
Task Force on Hazardous Waste Sites as per the subject resolution.
RECEIVED AND FILED.
No.51
B.N.R.C. -
Budget/Financial Report
Pursuant to Chapter 6, Article IV of the Charter and Code of the
City of Buffalo, the Buffalo Neighborhood Revitalization Corporation (BNRC)
submits herewith for review by your Honorable Body, the Statement of Work,
Revenue Sources and Budget for its fiscal year August l, 1991 to July 31, 1992
(See Exhibit A). The Financial Statements for its fiscal year August l, 1989 to
July 31, 1990, and a copy of the attached budget has been filed with the City
Clerk, in accordance with Chapter 6, Article IV, Sections 22 and 23 of the City
Code, respectively.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No.52
Request For Permit To Collect Refuse And Garbage In The City of Buffalo
Rubbish Removal of New York, Inc., 100 Mushroom Blvd, Rochester,
New York has made an application for a permit to collect and haul refuse and
garbage in the City of Buffalo.
I have no objections to your approval for this request.
Attached is their application for the permit.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.53
Community wide Urban Renewal Homestead Program Buffalo Independent Living New
Housing 1033 Ellicott and 72 Dodge Streets BIL Housing Development Fund
Company, Inc.
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. Belmont Shelter has formed the corporation BIL Housing Development
Fund Company, Inc. for this transaction.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.54
Community Wide Urban Renewal Homestead Program
Watson St. Townhouse Housing Project 144-150 Watson Street
WNY Veterans Coalition I,.
The City of Buffalo Urban Renewal Agency duly designated WNY Veterans
Housing Coalition, Inc., and/or a joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
bearing. 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 Bearing
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.55
Emslie Neigbborhood Development Program Amendment to Land Disposition Agreement
Gal-Van Developers, Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Gal-Van
Developers, Inc., 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.56
Emslie Neighborhood Development Program Clinton Park II New Housing Project
692-718 Clinton Street
Marrano/Marc Equity Corporation
The City of Buffalo Urban Renewal Agency duly designated Marrano/Marc
Equity Corporation, and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.57
Community Wide Urban Renewal Homestead Program
102 and 110 Mulberry Street Fruitbelt/Old First Ward Housing Trust Fund Project
Approval of Utility Easement
Attached please find a map exhibiting the Underground Utility
Easement Agreement proposed by Niagara Mohawk Power Corporation (NMPC). The
easement is for the property located at 102 and 110 Mulberry Street.
The proposed easement for the above property will enable the installation
of the respective underground facilities for future service to the single
family units to be developed by N.J. Ogiony Builders, Inc. Since the location
of said underground utility easement is proposed on land owned by the City of
Buffalo your approval is required. Agency staff and legal counsel have approved
this document for your disposition.
It is my recommendation that said Underground Utility Easement be
approved.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No.58
Report of Emergency Demolitions
Due to the very serious and hazardous condition of the fire damaged
building located at 291-305 East Ferry was bid for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that action was necessary due to (l) the structural condition of the
building and/or (2) the resulting dangerous and hazardous condition which
exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on June
10, 1991 and that the contract will be awarded to the following responsible
bidder:
Address and Owner Contractor and Dollar Amount of Bid
291-305 East Ferry Lebis Contracting
Gary N. Battaglia $13,875.00
346 Village Court
Westgate - Ft. Lee, N.J. 07024
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
MR. FAHEY moved:
That the communication from the Acting Commissioner of Inspections and
Community Revitalization, dated June 10, 1991, be received and filed; and
That the award by the Acting Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Contracting at a
cost of $13,875.00 relating to 291-305 East Ferry Street, be, and the same
hereby is confirmed, ratified and approved, with said cost to be charged
against Gary Battaglia 346 Village Court, West Gate, Ft. Lee, N.J. 07024, and
that said cost be assessed against the property benefitted and collected from
the party responsible under the provisions of Chapter XI, Article VII, of the
Ordinances of the City of Buffalo.
PASSED
AYES-12 NOES-0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No.59
RECYCLED PAPER
ITEM #223 C.C.P. MAY 28, 1991
PLEASE BE ADVISED THAT THE ORDINANCE AMENDMENT - 96 RECYCLED PAPER
HAS BEEN POSTED IN THE DEPARTMENT OF GENERAL SERVICES AND THE BUYERS HAVE BEEN
NOTIFIED TO OBSERVE THE AMENDMENT FOR FUTURE PROCUREMENTS.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.60
1991-92 Budget
At the June 5th meeting of the Municipal Civil Service Commission,
we reviewed Sharon Comerford's response to your proposed cuts in the
Commission's budget for the coming year.
The Commission wishes to stress the urgency of restoring those cuts to our
already strained budget. We fully appreciate the City's financial plight and
in fact have done our very best to "pull in our horns" and proceed as austerely
as possible. You may note that we were able to reduce our budget for 1991-92
by 18.6% from our allocated budget for the prior year. We would doubt that any
other department was able to do as well.
Our concern over the proposed cuts would be our inability to properly recruit
and conduct needed examinations for both police and fire candidates. We have
already effected a savings in the charges for these examinations by resisting
the original mandate to employ out-of-state experts to develop new examinations
for these positions. To conduct the appropriate recruiting and administrating
examinations, we will need our full requested funding; and, if it should not be
available, we would be forced to seek supplemental financial assistance in
order to conduct those much needed examinations during the upcoming fiscal
year.
We trust you are able to find the necessary funds for a balanced budget from a
source other than our bare-bones budget. Thank you for your consideration in
this regard.
RECEIVED AND FILED.
FROM THE BOARD OF EDUCATION
No.61
Distribution of Sexual Material
on School Property
The particular whereas "While sex education is an integral part
of school curriculum, it should be presented in a respectful, professional, and
dignified manner consistent with classroom instruction and not the streets of
the City of Buffalo; and" should be excluded. Neither the brochure nor the
distribution was endorsed by the Board of Education. 'The curriculum of the
Board was not represented in anyway by the behavior of ACT-UP. The Board would
not use the streets or sidewalks to distribute curricular materials that it has
developed. We would use classrooms and distribute materials in a respectful,
professional and dignified manner.
A City ordinance, that was constitutionally correct, that prohibited the
distribution of materials in school areas would help the school district
prevent any interference with student traffic.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No.62
Ellicott Mall Leased Parking Lot
Item No. 204, C.C.P. 5/14/91
Per your request,, enclosed please find a copy of the lease between
the BMHA and N. Joseph Sfeir for the southernmost section of the Ellicott Mall
parking area,, along with a copy of Mr. Sfeir's permit from the Board of
Parking.
The BMHA does not actively solicit persons to operate the parking lots at
Ellicott Mall or Kensington Heights. however,
from time to time when parking is needed in those
areas,, the BMHA has been approached by,, and entered into short term month-to-month leases with parties who wish to rent
the space for parking.
Presently, besides Mr. Sfeir, Erie Community College is negotiating for
parking for its students at Ellicott Mall in the parking area adjacent to Mr.
Sfeir's, and the BMHA has had an inquiry regarding use of the Kensington
Heights parking area. In addition,, part of the L.B.J. parking lot that is
unused by residents or by BMHA staff is leased to Canisius College.
Please contact me if you have further questions.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No.63
Notice of Nearing
Naming the Delaware Park Casino and Promenade
for William L. Marcy, Jr.
(Item No. 6, C.C.P., June 11, 1991)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to be held before the Common Council at its
regular meeting of June 25, 1991, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published in the Buffalo News, a copy of the
publication is attached hereto.
RECEIVED AND FILED.
No.64
Take from Table
Naming Delaware Park Casino and Promenade
for William L. Marcy, Jr.
(Item No. 6, C.C.P., June 11, 1991)
Mr. Fahey moved that the above Item (No. 6, C.C.P. June 11, 1991),
which is the subject of a hearing scheduled for this day before the Common
Council, is hereby taken from the table, and is now before the Common Council
for its consideration.
ADOPTED.
No.65
Hearing
Naming Delaware Park Casino and Promenade
as the William L. Marcy, Jr. Casino and Promenade
(Item No. 6, C.C.P., June 11, 1991)
Mr. Fahey moved that the above item is properly before the Common
Council and the hearing be opened.
Appearances -- In favor None
Opposed None
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey now moved that the name of the Delaware Park Casino and Promenade be
named "The William L. Marcy, Jr., Casino and Promenade", and the City Clerk is
directed to send certified copies of this item, pursuant to Section 286-5 of
the Ordinances of the City of Buffalo.
PASSED.
AYES-12 NOES-0.
No.66
Resignation Legislative Assistant
Please accept this as the official communication of my resignation
as Legislative Assistant to the Common Council, effective June 28, 1991.
RECEIVED AND FILED.
No.67
Mayor Reported Out of State
Enclosed herewith is a letter from the office of the Hon. James
D. Griffin, Mayor, reporting his absence from the State from 10:00 A.M.
Tuesday, June 25, 1991, until 5:00 P.M. Wednesday, June 26, 1991.
RECEIVED AND FILED.
No.68
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
City Clerk's Office
RECEIVED AND FILED.
No.69
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
727 Elmwood ave. Sonny Investment Assoc., Inc.
1112 Kenmore Ave. Gregoris Landing, Inc. Linda M. Gregori
RECEIVED AND FILED.
No.70
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:
Human Resources-
RECEIVED AND FILED.
No.71
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
Youth Board
RECEIVED AND FILED.
No.72
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved approval of appointments to the position of Council Intern.
ADOPTED.
Appointment to become effective June 19, 1991 in the Department of City Clerk,
Jill Manning 274 Newfield St., Buffalo, N.Y. 14207, to the position of Intern
III, Non-competitive at the starting salary of $5.00/hr.
Appointment to become effective June 14, 1991 in the Department of City Clerk,
Claude D. Kill, 11 Winslow St., Buffalo,14208, to the position of Intern IV,
Non-Competitive, at the starting salary of $6.00/hr.
Appointment to become effective June 17, 1991 in the Department of City Clerk
to the position of Intern IV, Non-Competitve at the starting salary of $6.00/hr
Lori M. Roeder 41 Penhurst Buffalo, 14222
Karen E. Kubiak 152 Loring Buffalo, 14208
Appointment to become effective June 18, 1991, in the Department of City Clerk
to the position of Intern IV, Non-Competitive at the starting salary of
$6.00/hr.
Christian A. Trabold 3043 Main St., Buffalo, 14214
Evelyn J. Juncewicz 371 Peckham St., Buffalo, 14206
Robert A. Floyd Jr. 222 Loring Ave., Buffalo, 14214
Stefanie M. Dodd 106 Bidwell Pkwy, Buffalo, 14222
Appointment to become effective June 19, 1991 in the Department of City Clerk,
James B. Brocato 129 Wright Ave., Buffalo, 14215 to the position of Intern IV,
Non-Competitive at the starting salary of: $ 6.00/hr.
Appointment to become effective June 19, 1991 in the Department of City Clerk ,
to the position of Intern IV, Non- Competitive, at the starting salary of
$6.00/hr.
Sharrilynn Pugh 469 Perry St., Buffalo, 14204
Maurice DeAnna Perry 210 Winston Rd., Buffalo, 14216
Kelly A. Buczkowski 198 Eden St, Buffalo, 14220
Lisa Bell 46 W. Balcom St., Buffalo, 14209
Carla F. Williams 2288 Main St., Buffalo, 14214
Anthony Grajeda 320 West Ave., Buffalo, 14201
Roscoe C. Henderson III 338 Watson, Buffalo, 14212
Appointment to become effective June 20, 1991 in the Department of City Clerk
Scott Whitbeck 590 West Utica, Buffalo, 14213, to the position of Intern IV,
Non- Competitive, at the starting salary of $6.00/hr.
No.73
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 DEPARTMENT OF PARKS
Appointment to become effective June 5, 1991 in the Department
of Parks, Dell Storey 23 Kosciuszko St., Buffalo, 14212 to the position of
Supervising Lifeguard, Seasonal at the starting salary of: $ 5.25/hr.
Appointment to become effective June 17, 1991 in the Department of Parks to the
position of Lifeguard, Seasonal, at the starting salary of $4.33/hr.
Eric O'Connell 340 Cumberland Ave. Buffalo, NY 14220
John Lyons 29 Wright Ave. Buffalo, NY 14215
Kathryn Brinkworth 200 Depew Ave. Buffalo, NY 14214
Kevin McDonnell 816 Tacoma , Buffalo, NY 14216
Robert Gladysz 406 Amherst St. Buffalo, NY 14207
FROM THE DEPARTMENT OF POLICE
Appointment to become effective June 10, 1991 in the Department
of Police, Michael J. Mattioli 54 Cranburne , Amherst, 14221, to the position
of Police Inspector, Contingent Permanent, at the starting salary of $44,854.
Appointment to become effective June 10, 1991 in the Department of Police, John
F. Brill 4634 Deerfield , Hamburg, 14075, to the position of Police Inspector,
Permanent, at the starting salary of $44,854.
FROM THE DEPARTMENT OF STREET SANITATION
Appointm
ent to become effective June 10, 1991 in the Department
of Street Sanitation, to the position of Laborer II, Seasonal, at the starting
salary of $6.65/hr.
Kevin G. Banes 3 Indian Orchard Place, Buffalo, N.Y. 14210
Aaron Bell 55 Purdy Street Buffalo, NY 14208
William Cieszynski 104 Ashley Street Buffalo, NY 14212
Shannon J. Coyle 781 Ashland Avenue .Buffalo, NY 14222
Calvin A. Fitzgerald .670 Riley Street Buffalo, NY 14211
Brian P. Folan-29 Allegany Street, Buffalo, N.Y. 14220
Michael D. Lane 292 Chelsea Place Buffalo, NY 14215
Shannon V. Long 134 Ramsdell Avenue Buffalo, NY 14216
William J. Rieman 143 Ramona Avenue Buffalo, N.Y. 14220
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective June 14, 1991 in the Department
of Human Resources, Division of Substance Abuse, Sandra Sam 66 Summer St.,
Buffalo, 14209, to the position of Counselor II, Temporary at the starting
salary of $18,970.
Appointment to become effective June 17, 1991 in the Department of Human
Resources, Division of Substance Abuse Services, Gina Fronczak 196 Linden,
Buffalo, 14216 to the position of Case Manager, Provisional at the starting
salary of $19,757.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.74
STUART ALEXANDER AND ASSOCIATES
Reply to Conflict of
Interest Charges
Pursuant to your resolution as adopted by the Common Council on
May 28, 1991 requesting information on a legal and/or financial relationship
between Stuart Alexander and Associates and Henry E. Wyman, Esq., past and
present, I am pleased to provide you with a full disclosure on all business
relationships between Henry E. Wyman and Stuart Alexander and Associates as it
relates to work undertaken on behalf of the Council President and Common
Council for the benefit of the City of Buffalo. In addition, if you request I
will provide this information under separate cover to the City Law Department
and the City Board of Ethics for their review and comment. However, permit me
to note that this item was brought to the attention of the Board of Ethics, by
Council President Arthur, at the time the claim was filed by Mr. Wyman; in one
and a half (l 1/2) years no action has been required by the Board of Ethics.
Perhaps it may be of interest to you, and other council members, for me
to elaborate on the relationship that now exists, or had existed, between Mr.
Wyman and Stuart Alexander and Associates particularly as the relationship may
relate to the work Mr. Wyman undertakes as a private attorney.
As President of Stuart Alexander and Associates I am particularly
sensitive to ensuring work undertaken by the firm does not raise the slightest
question of a conflict of interest. This is critically Important since much of
our work is for government clients; federal, state and local. However, there
always remains the possibility that persons or firms retained by my company may
engage in, or seek to engage in, work that could raise a question about a
conflict of interest. Their activities may inadvertently conflict with work
that we are currently under contract to perform or were previously under
contract to complete. It may be in those instances that an individual, or
sub-contractor, exposes my firm to a conflict. In the normal course of events
their divulging that conflict to me as well as others who may be jeopardized by
the potential conflict would prove helpful.
Unfortunately, I am unable to ensure with 100% certainty that a
sub-contractor or individual employed by the firm is not in a potential
conflict of interest position. In the instance, you cite I am familiar with
the claim filed by Mr. Wyman on behalf of a client against the City of Buffalo.
Mr. Wyman did bring this item to my attention since Stuart Alexander and
Associates was investigating the Downtown Zoning Ordinance and the issue for
which Mr. Wyman filed a claim on behalf of a client was a zoning issue. It was
clear to me, and I believe it will be clear to the Council, the Law Department
and the City Board of Ethics, that the zoning issue in which Mr. Wyman filed a
claim against the City of Buffalo was separate and distinct from the very
specific issue of Downtown Zoning for which my firm was retained. My firm's
responsibility under that agreement with the City was to examine the merits and
applicability of CBD zoning. Specifically, as cited in the first "whereas" of
your resolution, the zoning issue for which a claim against the City of Buffalo
was filed pertained to the "Buffalo River Open Space Corridor". At no time
while under contract with the City of Buffalo was Stuart Alexander and
Associates responsible for, nor involved in, the preparation of zoning
amendments pertaining to the River Front or the Buffalo River Open Space
Corridor. In fact that area of Downtown that could be considered bordering on
the waterfront is controlled by an Urban Renewal Plan.
Allow me to note, however, that Stuart Alexander and Associates was
involved with the preparation of the Erie County Waterfront Plan which included
all waterfront cities, towns, and villages in Erie County with the exception of
the City of Buffalo. The City of Buffalo chose to prepare an independent
waterfront plan.
I will provide under separate cover copies of contract agreements between
the City of Buffalo and Stuart Alexander and Associates. Mr. Wyman and Stuart
Alexander and Associates have independent business agreements relating to his
participation in specific work tasks as they pertain to various contract items
between the City of Buffalo and Stuart Alexander and Associates. Indeed the
relationship has always been consummated on a performance/task basis with a fee
arrangement stipulated and agreed to between Mr. Wyman and Stuart Alexander and
Associates with Mr. Wyman being a sub-contractor.
In summary, in the event that Mr. Wyman's participation with Stuart
Alexander and Associates on future contracts undertaken by the firm on behalf
of the Council President, the Common Council and the City of Buffalo presents a
problem to you please advise me so that I may take those actions or steps
necessary to mitigate the problem or minimize the effect of any potential or
alleged conflict of interest.
As always I am available to meet with you, other councilmen individually
as well as the full Council to discuss our work and our findings. Evidence of
my willingness to discuss our work is evidenced by notices previously forwarded
to all Councilmen during the course of our work encouraging their attendance at
meetings and informational hearings.
RECEIVED AND FILED.
No.75
ARCADE CINEMA GROUP
Request for "Mere License Only" To Install Permanent Sidewalk Cafe Bijou Grille
643 Main Street
I am writing as Landlord of the Bijou Grille to request a "mere
license only" to install a permanent sidewalk cafe similar in size and location
to the present Bijou Grille seasonal cafe. The cafe would be constructed using
private dollars, and it is our understanding that under a "mere license only"
the City could revoke the license at anytime it so chooses in the future.
The cafe is being designed by Michael Hamilton, the architect for the Market
Arcade Cinema project. I am enclosing architectural drawings which show the
design and location of the structure. So that construction can commence during
the summer, we are seeking Common Council approval at its July meeting. We
would hope that the City would consider the permanent sidewalk cafe to be
consistent with the original mall development scheme as proposed by Ray
Moriyama and Cannon.
Today we are also submitting our application to the Buffalo Preservation Board
for a Certificate of Appropriateness. I am enclosing a copy of a letter of
support from the Buffalo Place Design Review Committee.
Please let me know if there is any additional information you require.
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS AND
THE CITY PLANNING BOARD
No.76
FRANCES BRUNO
Oppose Water/Tax Increases
I am 84 years old and have lived at 34 Gunnell for the past 25
years. My only source of income is my monthly $21 check. I have always
appreciated living in Buffalo, hut your recent tax and water bill increases
will make living here more difficult.
I feel that these increases will make it more difficult to remain in my
home. These increases are not fair to those of us who live on the borderline
now with fixed incomes.
What are we to do?
RECEIVED AND FILED.
No.77
BUFFALO SABRES
Reply to Request for Equal Share Funding
Pursuant to your request of May 30, 1991, the Sabres wish to take
this opportunity to respond to the resolution of Mr. Fahey regarding the Sabres
commitment to the funding of planning and construction costs for the New Arena.
First, the Sabres thank the Council for including $2.35 million dollars
of project seed funding in the 1991-92 City Capital Budget. The Sabres
recognize the inclusion of this item in the City's budget as a significant step
towards the creation of a new Arena Entertainment Complex for the City of
Buffalo and Western New York. While the Sabres recognize that much additional
effort and commitment will be required from both the private and public sectors
in order to successfully complete the project, the inclusion of Arena seed
funding in the City budget marks a significant step forward in the process.
The specific financial commitment from private sources to the project can
only be made in the context of a comprehensive proposal regarding all aspects
of the project.
We are in the final stages of completing a comprehensive proposal
regarding all aspects of the project based upon information developed through
the consulting studies which the Sabres have commissioned. As part of our
formal proposal we will address the private sector financial commitment to the
project. The Sabres are prepared to discuss all aspects of the formal proposal
that will be made within the next several weeks by the organization and to
diligently and in good faith seek practical and reasonable solutions for all
issues presented by this project.
Again we thank the Council for its action with respect to the 1991-92
budget and look forward to engaging in detailed discussions regarding all
aspects of this project with the appropriate public sector representatives very
shortly.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE.
No.78
BUFFALO SABRES
Economic/Fiscal Reports
New Arena Complex
We are pleased to enclose the following reports that were presented at the
press conference on Friday, June 14 1991 concerning the Buffalo Arena
Entertainment Complex.
l. Architectural study prepared by Ellerbe Becket Architects & Engineers,
P.C. and Cannon Program Management
2. Study of Potential Economic and Fiscal Impact prepared by Ernst & Young
3. A press kit prepared by the Buffalo Sabres
There are limited copies of the architectural study; however, if more are
needed for the Council or the Auditorium and Stadium Task Force Committee,
please advise.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE
No.79
CITIZENS ENVIRONMENTAL COALITION
Concerns About D.E.C. Waste Disposal Site Remedial Program
The enclosed is Citizens' Environmental 'coalition's critique
of the Draft Regulations proposed by the Department of Environmental
Conservation (DEC) on Part 375 Inactive hazardous Waste Disposal Site Remedial
Program. Knowing your interest in the cleanup of State Superfund sites, I
thought you would be interested in our comments.
While the proposed regulations address some of our past concerns, such as
negotiation timelines. Serious flaws remain. We are especially concerned with:
a) the lack of an adequate citizen plan which would allow for public
input, especially during the investigative stage of a site.
b) the provision allowing an "Interim remedial measure"-(IRM) to be
regarded as a final clean-up. This may result in the delisting of a site with
an lnsufficent cleanup. In addition, an IRM may be carried out without public
input.
c) the lack of a detailed procedure and timetable or referring cases to
the Department of jaw.
d) the provision allowing DEC to delete a site from the Registry at its
own discretion. The Department of Health's assessment and involvement in this
process is crucial to protect public health and should be clearly defined in
the regulations.
As you will see. from our -critique we have other concerns as well. You
may be especially Interested in the section regarding State Funding which
details the criteria or financial assistance to municipalities.
We hope that the Council will agree to testify at the public hearing to
be held on June 24, 1991 at Cheektowaga Town Hall at 1 & 7 PM. Please do not
hesitate to contact me at the above number, or our Executive Director, Anne
Rabe at 518/462-5527 with questions and/or comments.
Copies of the Part 375 Draft Regulations may be obtained by contacting
Bruce Bentley at DEC's Albany office (800) 342-9296. REFERRED TO THE COMMITTEE
ON ECONOMIC DEVELOPMENT AND THE ENVIRONMENTAL MANAGEMENT COMMISSION
No.80
MARJORIE ECKHERT
Complaint - 165 Summer St.
We have been advised by Councilman Arthur's office to contact
you to help us resolve our problem re: 165 Summer St. We live at 155 Summer
St. and have been trying to get the city to enforce compliance with the codes
now in violation at 165 Summer St.
Enclosed is a letter from the Corporation Counsel's office suggesting a
compromise rather than an appeal of Judge Doyle's decision. Problems exist
which must be corrected.
We ask that we be involved in any compromise which would bring about positive
changes in the condition of 165 Summer St.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL
No.81
BOARD OF ELECTIONS
Consolidated Districts-Voter
Registration Days
Per your letter of May 30, 1991, with copy of Council's resolution
on the consolidation of election districts for Local Registration Days
, we hereby
designate the following locations, all of which are accessible to the handicapped.
DELAWARE NIAGARA
School 54 School #38
2358 Main Street 350 Vermont Street
ELLICOTT NORTH
St. John Baptist Church Niagara Frontier American Legion
184 GoodeIl Street 533 Amherst Street
FILLMORE SOUTH
Polish Community Center School #72
1081 Broadway 72 Lorraine Avenue
LOVEJOY UNIVERSITY
Hennepin Community Center School #68
24 Ludington Street 24 Westminster Avenue
MASTEN
School #77
126 Donaldson Avenue
At each location we will utilize the services of eight (8) election
inspectors, four (4) Republicans and four (4) Democrats. We will request the
Democratic and Republican County Chairmen to submit the names of the Inspectors
of their respective parties who they designate to work the local registration
days.
If you have any questions concerning the procedures for the conduct of
local registration days when implementing consolidation of election districts,
please contact us.
RECEIVED AND FILED.
No.82
BOARD OF ELECTIONS
Petition Ruling - District Boundaries
Your resolution requesting the Board of Elections to rule on which
District Council boundaries they will use to determine Designating Petitions
was received on June 18, 1991.
By agreement of Commissioners Mahoney and Smolinski, they will accept
Designating Petitions from either the old or the new District Council
boundaries.
If we can be of any further assistance, please do not hesitate to contact
our office.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE ERIE
COUNTY ATTORNEY.
No.83
FIRST NIGHT BUFFALO
Permission to Use Chambers on December 31, 1991
First Night Buffalo is a community-wide chemical free celebration
of the arts on New Year's Eve. Western New York United Against Drug and Alcohol
Abuse produces First Night to provide a positive alternative to traditional New
Year's Eve activities that center on drinking.
We request license to utilize the City of Buffalo Common Council Chambers as a
performance site on Tuesday, 31 December 1991 between 5:30pm and 11:15pm.
I would like to discuss the following specifications with you at your earliest
convenience:
performance program
building access for performance setup and breakdown
Chamber acoustics
volunteer roles
elevator access
site security
public restrooms
janitorial and maintenance responsibilities
I Will contact your office Thursday, 20 June 1991, to schedule an appointment
regarding our request.
We couldn't bring this event to thousands of children, teens and families in
Western New York without the donation of downtown facilities such as yours.
Thank you for your consideration.
If you are in need of additional information or have any questions, please
telephone me at 716. 078.8501
MR. FAHEY moved:
That the Communication from Madonna Comerate-Gallagher, dated June 14,
1991, be received and filed; and
That the request for a license by Western New York Against Drug and
Alcohol Abuse to use the Common Council Chambers as a performance site for
First Night Buffalo, a community-wide chemical free celebration of the arts, on
December 31, 1991 between 5:30 P.M. and 11:15 P.M., is hereby approved with the
condition that evidence of proper insurance, approved by the Corporation
Counsel, is submitted. PASSED.
AYES-12 NOES-0.
No.84
1490 Enterprises Inc.
Rescind Conditions-Sale of
1512-1514 Jefferson, etc.
1490 Enterprises is appealing to you to rescind the conditions
placed on this property on Item No. 161 C.C.P., 7/31/90.
Although we were not funded by H.U.D.. in their 1990 cycle; and one condition
why we did not receive funding was, "We did not have proper site control."
Therefore, we are asking you to take the restrictions off and transfer the
property over to 1490 Enterprises for future Senior Citizen Housing REFERRED TO
THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMPTROLLER.
No.85
ROSA GIBSON
Concerns about Rape Investigation
During the past 15 months, 11 reported rapes of girls ranging
in age from 9-16 years were known to the Buffalo Police Department. This
rapist may have claimed more victims than reported.
For more than one year, the police 'failed to alert the neighborhood
community groups where these rapes were occurring. Moreover, the police
department has yet to produce convincing proof that they did anything toward
making a serious investigation to capture. The fact is that had it not been
for an anonymous telephone call to the Buffalo News on April 23, 1991, the
sexual assaults against these girls, quite possibly, would still be hidden from
our community.
Within the Buffalo Police Department there is a Sexual Offense Squad, the
Erie County District Attorney's Office has a Sex Crimes Bureau, the Erie County
Sheriff's Department has a Family Offense Unit, which among other things,
investigates and prosecutes sex offense cases. For 15 months what were these
agencies doing about these rapes which were known to them?
It took a news paper article to inform us and to cause these agencies to
jump into action. Why? Was it because the crimes were committed against black
children in a predominate black neighborhood? Or was it because, these
agencies with all of their manpower and resources had not combined forces and
communicated a common strategy to catch the rapist.
We, the taxpayers, pay all these law enforcement groups quite well. In
this case, are we getting our money worth? It is clear that we are not. The
rapist is still loose and ready to attack our children at anytime. It would
appear, again, that the community will once again have to do the job of
catching this monster, now that we know that he is on the loose.
At a recent Community Action Information Meeting with Buffalo Police
Department representatives, we were shocked to hear that when one shift ends
their tour of duty, no information concerning investigations or work related
criminal matters are past on to the incoming shift equally shocking was the
fact that one division within the Department does not talk to another division
within the Department there is complete autonomy within each Division of the
Department. No wonder, we suffer the indignity of poor and ineffective police
services in our community.
As in the past, the crime-watch groups has been the "Eyes and Ears" for
the law enforcement agencies and they do not get paid for their services as the
police do. The job can only get done with the community groups in concert with
law enforcement. It is time for law enforcement funding sources recognize the
importance of the crime watch agencies by assisting them with the necessary
funds to carry out their crime-watching and reporting activities.
Only in this way can our neighborhoods be free and safe from the scourge
of child rapes and other crimes languishing in our community.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No.86
WILLIAM HOYT
Oppose Restaurant/Entertainment
License-124 Elmwood
I am writing to you with my continuing concern about the operation
of the Adventure Club at 124 Elmwood. Despite arrests for operating without a
liquor license and despite the refusal by-the SLA to approve licenses to
caterers on several occasions, the owner continues to hold events without the
necessary permissions.
It is my understanding that parties were advertised and held on Saturday
and Sunday, June 8 and 9, during the Allentown Art Festival. Since the SLA had
refused a catering license, these parties were advertised as non-alcoholic.
However, I believe that no entertainment licenses were issued and I wonder how
and why these events were allowed to go on.
My concern now is for the future of this operation. I understand that the
owner has applied for a restaurant and other licenses. In that regard I wish
to remind you that 124 Elmwood lies in a special zoning district described in
Article XVI of the Buffalo Code . Any approval of licenses must he decided
upon by the Common Council.
I want to go on record with my opposition to any approval of licenses for
the operation of 124 Elmwood as a restaurant or a bar. We are all aware of the
heavy concentration of bars in the Allen/Elmwood area. That was the reason for
the special zoning district in the first place. The flagrant disregard shown
by the owner in operating without the necessary permits is strong indication of
what kind of operation he would run if granted his request for licenses.
I would be happy to discuss this with you further at any time, but felt
it was important to register my concern immediately. We are all responsible for
maintaining the unique quality of the Allentown neighborhood and I do not
believe that this operation is in Allentown's best interests.
My thanks for your attention.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF PUBLIC WORKS, THE STATE LIQUOR AUTHORITY AND THE COMMISSIONER
OF INSPECTIONS AND LICENSES
No.87
Local 650, AFSCME
Enactment of your
Resolution of Early Incentive
Retirement Program
There has been a great deal of speculation as to a tremendous
outlay of City funds in enacting a resolution concerning City employees who
would take advantage of the early retirement incentive program.
Documentation attached (Exhibits I & II) demonstrate the City will, in effect,
save monies no matter what salary a current employee will retire at.
Furthermore, the City's saving in fringe benefits (see Exhibit III) would be
tremendous.
The higher the salary of a person who is eligible to retire, the greater the
savings. The reason for this is there is a greater increment differential in
the five steps to be obtained before a new employee reaches the maximum in
their respective job title. Also, it must be noted that all exhibits contain
costs as of June l, 1991. An increase in FICA would create a bigger savings.
Also, an increase of longevity payments---the Union's prime consideration in
its Union demands for 1991--would therefore produce additional savings.
What your resolution does, in effect, benefits both parties involved, the City
and the employee.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.88
LOCAL 2651
Favor Enactment of Early Retirement Program
In response to your letter "Retirement Incentive", Local 2651
(Building Inspectors) are very much in favor as it would benefit them greatly
for their retirement. There are approximately eight members of this local who
will be interested in this incentive.
Although it is a great opportunity for those who are eligible my concern
lies with those who are left to perform the duties.
In the last six months we already lost several employee's and union
members through retirement which has already left us shorthanded in all phases
of inspections. With the "Retirement Incentive" the Inspections Department
will be devastated. We will be left with one Plumbing Inspectors four
Electrical Inspectors- four Multiple Dwelling Inspectors, two New Construction
Inspectors- one Demolition Inspector and ten District Inspectors to handle the
whole City of Buffalo.
The point I am trying to make is that jobs have been cut in the past due
to retirement and budget considerations, but we cannot lose anymore jobs
because the City of Buffalo will be the big loser.
I would like some kind of a guarantee that those positions that are lost
through the "Retirement Incentive" be restored as soon as possible so we can
function properly as a department and better serve the City of Buffalo.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.89
New York State Department of Environmental Conservation
Task Force on Hazardous Waste Sites
In accordance with Resolution #231 as noted above, this office
will be sending a representative to attend the anticipated quarterly meetings.
Notices of meeting dates should be sent to my attention.
The Division of Hazardous Waste Remediation welcomes the opportunity to
inform the City Council of progress being made in the area of hazardous waste
cleanup.
If there are any questions or concerns regarding New York State's
Hazardous Waste Remedial Program, please feel free to call me at 847-4585.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.90
New York State Department of Environmental Conservation
Lasalle Reservoir Site 915033
Attached is a copy of the Final Report of the Phase II Investigation
of the Lasalle Reservoir site. This report is being furnished to you for your
information and file in response to the requests of some of the Councilmembers.
If you have any comments or questions, please contact me at 716-847-4585.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
AND THE NORTH
BUFFALO SEWER PROJECT COMMITTEE.
No.91
STATE OF NEW YORK
Dedicate Times Beach Item #183 C.C.P. May 28, 1991
Times Beach is currently listed in the Registry of Inactive Hazardous
Waste Disposal sites in New York State (site #915080). This office is working
closely with the New York State Department of Environmental Conservation in the
evaluation of available soil and sediment analytical data in order that a
determination of the significance on human health and the environment can be
made.
It is possible that the development of hiking trails or other development in
Times Beach could increase potential for exposure to contaminates to users of
the area should it become a designated nature preserve.
An evaluation of the potential for health concerns relative to this issue is
difficult due to the lack of specific plans for proposed trails or other
facilities that may be constructed through the site. Should plans be
available, please submit them to this office for our review.
If you have any questions, please contact Mr. Cameron O'Connor at 847-4502.
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
No.92
SHEA'S BUFFALO CENTER
FOR THE PERFORMING ARTS
Enclosed is our response to Item #151 C.C.P., June 11, 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
No.93
BARBARA STONE
Cancel Demo. Costs 46 St. Clair
I hereby request dismissal of demolition costs for the above Property.
I am a widow and my only income is a part-time job at minimum wage.
It would be a great hardship, if not an impossibility, to try to pay these
costs.
I would greatly appreciate anything that can be done to relieve me of this
hardship.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL
No.94
HARVEY TRAUTMAN
Encroachment 863 Bailey Ave.
I represent Harvey and Margaret Trautman, owners of property located
at 863 Bailey Avenue in the City of Buffalo. The owners have contracted to sell
the property, and have subsequently became aware that the structure located on
the premises encroaches in Dingens Street. The encroachment is highlighted on
the attached copy of a survey prepared by Charles E. Denver (Job No. 91-6184).
I am informed that the structure has been standing in its present
location in excess of 80 years. Therefore, the current owners are confronted
with a difficulty not of their own making, but a difficulty which nonetheless
presents a hardship and potential obstacle to the sale of the property. As
shown in the attached photographs, the structure does not interfere with the
use of Dingens Street or its adjoining sidewalk by the public. Under these
circumstances, it would not appear that the strip of land bearing the
encroachment is a necessary component of the City right-of-way. It also
appears that the strip, constituting as it does a portion of right-of-way, has
no discernible market value.
Based upon the foregoing considerations, I hereby respectfully request
that your Honorable Body abandon this portion of the Dingens Street
right-of-way and authorize conveyance to my client for nominal consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No.95
Western Regional Off-Track Betting Corporation
Financial Disclosure by Members of the Board of Directors and
Officers of the Western Regional Off-Track Betting Corporation
Please find enclosed copies of Financial Disclosure forms executed
by members of the Board of Directors and Officers of the Western Regional
Off-Track Betting Corporation.
Inasmuch as your City is a participant in the affairs of this
corporation, we have deemed it appropriate to file with the individual
designated by your County a copy of each such disclosure form in addition to
your County's representative.
Although there is some disagreement as to whether the Ethics in
Government Act applies to a regional off-track betting corporation, the Board
of Directors of Western have deemed, as a matter of policy, that it will
voluntarily comply with the intentions of the Act. Therefore, please forward
the enclosed to the appropriate individual in your County responsible for the
receipt of such forms.
We are enclosing a copy of this letter and a stamped return envelope
asking that the recipient of the enclosed forms return the letter indicating
receipt and filing.
RECEIVED AND FILED.
PETITIONS
No.96
G.Buchanan, agent, petition to use 67 Elmwood Avenue
for a tattoo parlor.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.97
Tam L. Trang, owner and Chau Duc, operator, petition to use 2892 Bailey Ave.
for a take-out restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.98
Clifford Dentico, owner, petition to use 690 Hertel Avenue
for a sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.99
William Leising , owner, C. Cheng, operator, petition to use 510 Elmwood Avenue
for a take-out restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.100
Roberta Crawford & O- oppose distribution of questionable materials at public
schools.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.101
RE: CERTIFICATE OF APPOINTMENT
(ITEM NO. 56, C.C.P., MAY 14, 1991)
That the above item is hereby returned to the Common Council without
recommendation.
MR. FAHEY moved:
That the communication from the Acting Corporation Counsel, dated May 1,
1991, be received and filed; and
That the appointment of Robert V. Heftka of 121 Sunset Terrace, Orchard
Park, New York, to the position of Assistant Corporation Counsel at the maximum
salary of $49,277, be, and hereby is approved on a conditional basis pending
establishment of City of Buffalo residence by Mr. Heftka by no later than
October 31, 1991.
PASSED
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI
NOES- AMOS, BELL, COLLINS, COPPOLA, PITTS- 5.
No.102
RE: Appointment Assistant Corporation Counsel (Max)
(Item No. 72, C.C.P. 05/28/91)
That the above item be returned to the Common Council without
recommendation.
Mr. Fahey now moved that the above item be received and filed. ADOPTED.
No.103
Re: Appointment of Assistant Corporation
Counsel (Max) - Heftka Only
(Item No. 60, C.C.P. 06/11/91)
That the above item be returned to the Common Council without
recommendation.
Mr. Fahey now moved that the above item be received and filed. ADOPTED.
No.104
Appointment
Human Resources//Senior Substance Abuse Specialist
That Communication No 69 C.C.P. May 28, 1991 be received and filed
and the provisional appointment of Barbara Carson stated above at the
Intermediate salary $24,014.00 effective on May 17,1991 is hereby approved.
PASSED
AYES-12 NOES-0.
No.105
Appointment
Public Works//Accountant
That Communication No 40 C.C.P. Jun 11, 1991 be received and filed
and the Temporary appointment of Jeni Wozniak stated above at the Intermediate
salary $25,650.00 effective on Jun 5, 1991 is hereby approved.
PASSED
AYES-12 NOES-0.
No.106
Notices of Appointments (C.Clerk)
(Item # 79 CCP May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.107
Notices of Appointments (C.Clerk)
(Item # 68 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.108
Fiscal Independence//Board of Education
(Item # 191 C.C.P. Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.109
Fiscal Independence//Board of Education (Mayor)
(Item # 7 C.C.P. Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.110
Fiscal Independence//Board of Education (Mayor)
(Item # 5 C.C.P. Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.111
Reply to Education Commission Report(B.E.)(#73-528)
(Item #, 117 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.112
RE: RESULTS OF PRIVATE SALE - 223 ELK STREET
(ITEM NO. 32; C.C.P. 05/28/91)
That the above item be returned to the Common Council without
recommendation.
MR. COLLINS moved:
That the offer of Frederick Labenski, 28 Ranch Trail Drive,
Williamsville, New York, in the sum of $22,000, to purchase the property
located at 223-225 Elk Street, be and hereby is accepted; and
That the appraisal report requested by the City will be paid by the
purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be, and he hereby is, authorized to deliver the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED
AYES-12 - NOES-0
No. 113
M. Schreier/Reimburse Sewer Work/63 Campbell
(Item # 88 C.C.P. May 28, 1991)
That the above mentioned Item be and the same is hereby referred
to the committee on Claims.
ADOPTED
No. 114
Reimburse Sewer Work-63 Campbell (CC)
(Item # 43 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Claims.
ADOPTED
No. 115
Bond Resolutions not submitted (Compt)
(Item # 19 C.C.P. May 14, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 116
Report of Audit/Treasury (Compt)
(Item# 30 C.C.P. May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 117
Reply to Audit/Treasury (A&F)
(Item # 56 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 118
RE: PETITION OF REFUGE TEMPLE OF CHRIST, INC., OWNER
TO USE 943 JEFFERSON FOR ILLUMINATED POLE SIGN
(ITEM NO. 82, C.C.P., JUNE 11, 1991)
That the petition of Refuge Temple of Christ, Inc., Owner, requesting
permission to use 943 Jefferson Avenue for an illuminated pole sign (6'x 6'x
15' high) is hereby approved.
PASSED
AYES-12 - NOES-0
No. 119
RE: RUTH CAMPBELL, OWNER, PETITION TO USE
358 AMHERST STREET FOR A TWO (2) FAMILY DWELLING
(ITEM NO. 83, C.C.P., JUNE 11, 1991)
That the petition of Ruth Campbell, owner, requesting permission
to use 359 Amherst Street for a second floor addition (15' x 22') to an
existing two (2) family dwelling is hereby granted and that a refund of the
$50.00 Zoning Board of Appeals fee be made to Ruth Campbell is hereby approved.
PASSED
AYES-12 - NOES-0
No. 120
BENDERSON DEVLP., OWNER, PETITION TO USE
699 HERTEL AVENUE FOR A GROUND SIGN
(ITEM NO. 84, C.C.P., JUNE 11, 1991)
That the petition of Benderson Development, owner, requesting
permission to erect a ground sign at 699 Hertel Avenue (8' x 9' x 12' high) is
hereby approved.
PASSED
AYES-12 - NOES-0
No. 121
Canisius College/favors Hamlin Overlay Amendment
(Item # 69 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 122
Hamlin Park//Oppose Hamlin Overlay Amendment
(Item # 72 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 123
RE: STANLEY J. COLLESANO
APPEAL SIGNAGE APPROVAL AT 420 FRANKLIN STREET
BUFFALO, NEW YORK
LAW OFFICES OF SIEGEL, KELLEHER & KAHN
(ITEM NO. 89, C.C.P., MAY 28, 1991)
That the communication of Stanley J. Collesano, dated May 24,
1991, be, and the same is hereby received and filed; and
That notwithstanding the Buffalo Preservation Board's Certificate of
Exception, dated May l, 1991, the request of Siegel, Kelleher & Kahn, Owners,
to erect a free standing sign at a maximum height of 7' l0" is hereby approved.
PASSED
AYES-12 - NOES-0
No. 124
RE: 680 HOPKINS STREET REQUESTS PERMISSION
TO INSTALL FENCE WITHIN CITY RIGHT OF WAY
(ITEM NO. 34, C.C.P., JUNE 11, 1991)
That the petition of Janet Faltisco, owner, for a mere license
to install a chain link fence which would encroach upon the City right of way
at 680 Hopkins, be, and the same is hereby approved upon the following
conditions set forth by the Department of Public Works:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the fence be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the fence does not exceed four feet in height.
4. That the applicant be responsible for maintaining said fence as long as
it remains within the City right of way.
5. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($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, use and removal of said fence.
PASSED
AYES 12 - NOES-0
No. 125
RE: RESTAURANT/DANCING CLASS III
2610 1/2 MAIN STREET
(ITEM NO. 47, C.C.P. MAY 28, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
Mr. Coppola now moved that the above item be recommitted to the committee on
Legislation.
ADOPTED.
No. 126
Inspect Downtown Parking Ramps/Buildings
(Item # 212 C.C.P. Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
AYES-BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA-8
NOES- AMOS, FRANCZYK, PITTS,RUTECKI-4
No. 127
Inspect Downtown Ramps (Bd. Pkg.,)
(Item # 15 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
AYES-BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO PERLA -8
NOES-AMOS, FRANCZYK, PITTS, RUTECKI-4
No. 128
Investigate Possible Conflict of Interest
(Item # 230 C.C.P. May 28,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 129
Investigate Possible Conflict of Interest (CC)
(Item # 45 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 130
Amend State Education Law/Transportation Reimbursement
(Item # 219 C.C.P. Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 131
J. Rizzo/Illegal Phone 1229 Hertel
(Item #. 112 C.C.P. Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 132
N.Y. Telephone//Illegal Phone-1229 Hertel
(Item # 100 C.C.P. Apr 30,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 133
Illegal Phone/l229 Hertel (PW)
(Item # 48 C.C.P. May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 134
Police Report On Serial Rapist (Res. #4 only)
(Item # 197 C.C.P. Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.135
Police Investigation of East Side Rapist (Police)
(Item # 50 C.C.P. May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.136
Governor Cuomo/Reply to Concerns-East Side Rapist
(Item # 70 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved that the item be recommitted to the Committee on
Legislation.
ADOPTED.
No.137
RE: HELPING HANDS OF GREATER BUFFALO
(ITEM ND. 98, C.C.P., APRIL 2, 1991)
That the application of Helping Hands of Greater Buffalo, a subsidiary
of West Side Emergency Food Center, Inc., Lessee, to construct a detachable
addition to 382 Massachusetts Avenue, be, and the same is hereby approved
subject to the following conditions:
l. That plans and specifications be submitted to and approved by the
Director of Buildings.
2. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
3. That the applicant be responsible for maintaining said addition for the
duration of the lease or any extension thereof.
4. That the structure be removed upon the expiration or termination of the
Lease.
5. That in the event of removal of the structure, the applicant shall be
responsible for restoring 382 Massachusetts to its condition prior to erection
of the structure.
PASSED
AYES-12 NOES-0.
No.138
Helping Hands/Erect building (Compt)
(Item # 25 C.C.P. Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.139
Housing Court Council 12th Annual Report
(Item # 74 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.140
J.Kaczmarz/Oppose Changing Name of Seward St.
(Item # 76 C.C.P. Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.141
MICHIGAN IN-FILL HOUSING
(ITEM NO. 183, C.C.P., MAY 14, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
RE: MICHIGAN AVENUE IN-FILL HOUSING PROJECT APPROVAL OF LAND DISPOSITION
AGREEMENT COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
Mr. Bell moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Belmont Shelter Corp. and/or other legal entity
to be formed as qualified and eligible Redeveloper in accordance with the rules
procedures adopted by the Agency; and
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 Belmont Shelter Corp. and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the Michigan Avenue
In-Fill 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.
3. That Schedule "A" of said LDA is amended to include 63 Northampton
Street. Said amendment is contingent upon approval of the above site by the
Masten Triad. This approval must be in writing and directed to Inspections and
Community Development and the Common Council of the City of Buffalo.
PASSED
AYES-12 NOES-0.
No.142
Stadium Technical Assistance Agreement (Mayor) (#5 1127)
(Item #' 161 C.C.P. Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No.143
BY:MR. AMOS
"CHILDREN AT PLAY" SIGNS IN EGGERT/BAILEY AREA
WHEREAS: The traffic on Dartmouth and Shirley Avenue between
Eggert Road and Bailey Avenue has become more dangerous due to increasing use
and increasing speeds; and
WHEREAS: Most of this traffic increase is due to the repair work being done
on the Kensington Expressway and other roads in the area; and
WHEREAS: These streets are residential streets with families and children
not accustomed to this type of traffic; and
WHEREAS: This is creating a dangerous and hazardous situation;
WHEREAS: The residents of this area have circulated petition in regards to
this situation which is attached and made a part hereof
NOW, THEREFORE, BE IT RESOLVED THAT
The Department of Public Works in response to the request of the citizens'
petition install cautionary "Children at Play" signs at the end of the six
blocks involved as a reminder to those breaking the speed limit and unaware of
the residential nature of the streets.
PASSED
AYES-12
NOES- 0.
No.144
BY: MR. BAKOS
HOME RULE MESSAGE-SENATE BILL 1955-A ASSEMBLY BILL 3057-A
WHEREAS: This Common Council adopted resolution #150, C.C.P. February
19, 1991,- Home Rule Message, Senate Bill #1955, Assembly Bill #3O57,-"An Act
Authorizing the City of Buffalo to Abandon and Discontinue the Use of a Tract
of Land That has Been Dedicated Parland"; and
WHEREAS: Subsequently, an amended version of the legislation was introduced,
providing a more detailed property description and a clause requiring fair
market value for any sale or transfer of the land; and
WHEREAS: The amended bill has been introduced as 5-1955-A and A-3057-A; NOW,
THEREFORE BE IT RESOLVED:
That the City of Buffalo does hereby request the enactment into law of Senate
Bill #1955-A and Assembly Bill #3057-A; and BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is authorized and directed to certify passage
of this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and Assembly.
ADOPTED.
No.145
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$6,547 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $6.547
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $6,547
FROM:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $6,547
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
520 - City Court Central Booking Facility $6.547
PASSED
AYES-12 NOES-0.
No.146
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$500 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $500
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $500
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $500
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
091 - Reconstruction of C.A. O. Headquarters $500
PASSED
AYES-12 NOES-0.
No.147
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$16,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $16.000
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $16.000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $16.000
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
513 - Reconstruction of Police Headquarters $16.000
PASSED
AYES-12 NOES-0.
No.148
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS -MISCELLANEOUS CHARGES DEPARTMENT OF
STREET SANITATION
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$35,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Miscellaneous Charges and said sum is hereby
reappropriated as set forth below:
FROM:
100 General Fund
81-2 - Miscellaneous Charges
830 - Certiorari Proceedings $35.000
TO:
100 General Fund
70-0 Department of Street Sanitation
032 - Servicing Automotive Equipment
Personal Services
110 - Salaries - Regular $35.000
PASSED
AYES-12 NOES-0.
No.149
BY:Mr. Collins
Annual Bulk Trash Removal Plan
WHEREAS: Every year the City of Buffalo prepares for its annual
bulk trash pick-up; and
WHEREAS: The onset of the bulk trash season, has the City Streets Department
behind even before the process begins; and
WHEREAS: Part of the problem is the lack of a systematic plan for the
removal of bulk trash from the streets of our city; and
WHEREAS: In order to coordinate and maximize this bulk trash removal plan,
both the Legislative as well as the Administrative Branch of government should
be notified in advance; and
WHEREAS: This formal notification would assist Council Members in their
attempt to respond to constituent inquiries as well as provide advanced notice
to all local press agencies.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Corporation Counsel to prepare the appropriate
Charter Amendment to Article 15, Department of Streets Sanitation Section 292,
Duties and Powers, which would require the Commissioner of Streets Sanitation
to file with the Common Council an annual bulk trash plan by January 1st, of
each year; and
BE IT FURTHER RESOLVED THAT:
The Council President establish a task force to assist the Streets Sanitation
Commissioner in developing the trash plan, and this task force be composed of;
two members of the Common Council, the members of the community, and two
members from he Administration.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET
SANITATION.
No.150
BY: Mr. Collins
Contracting of Trash in Buffalo
WHEREAS: The City of Buffalo Streets Sanitation Department has
again shown its complete inability to pick up the heavy trash that it
instructed the citizens of Buffalo to put between the sidewalk and curb; and
WHEREAS: The taxpayers of Buffalo deserve more for their tax dollar than to
look out their living room windows or from their front porch and see blocks and
blocks of trash for weeks at a time; and
WHEREAS: The ineptness of the Streets Department has brought the question of
whether a private contractor might be; first, cost effective and second, can do
the job the Streets Department it seems can not do; and
WHEREAS: Since the administration keeps on placing the blame on the citizens
of Buffalo, it is up to the Council to take the bull by the horns and look for
a way to stop this situation from ever happening again.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council asks the Department of Public Works to research the
possibility of contracting with a private service to pick up Buffalo's heavy
trash on a seasonal basis; and
BE IT FURTHER RESOLVED THAT:
The Department of Public Works reports back to this Council by August 29,1991
on its findings.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET
SANITATION
No.151
BY MR. COLLINS
Discharge Item from the Committee on Finance
Item No. 79 C.C. P. 3/19/91
Bids- Site Redev.- War Memorial Stadium
Whereas: The above item is presently before the Committee on Finance,
and
Whereas: It is no longer necessary for this item to be considered by that
Committee;
Now, Therefore, Be It Resolved, that this Common Council does hereby
Discharge the Committee on Finance from further consideration of the above
item, and said item is now before the Council.
CARRIED.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated March 13, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award the following contracts to the lowest responsible bidders
indicated for the work of Site Redevelopment of War Memorial Stadium;
General Construction Work
Nichter Utility Construction Co., Inc.$4,992,000.00
Electrical Work
Industrial Power & Lighting Corp. $619,825.00
Plumbing Work
Kandey Company, Inc. $203,333.00
Heating & Ventilating Work
Vastola Heating/ Air Conditioning Corp. $33,640.00
Construction Monitoring Services
Michael Dickman $50,000.00
with the total costs thereof to be charged to Capital Bond Fund No.
415-717-003, pending the bond sale; and
That this Common Council directs the Commissioner of Community
Development to prepare a change order, as a condition of this award of
contracts, for consideration by this Common Council, which change order shall
include deletion of the baseball field and other aspects of the bids necessary
to provide a development parcel for construction of a field house facing
Jefferson Avenue.
PASSED
AYES- 12 NOES-0.
No.152
BY: MR. COLLINS
WORLD UNIVERSITY GAMES
1993 GOSPEL CHOIR
WHEREAS, the City of Buffalo openly supports the World University
Games; and
WHEREAS, the City of Buffalo is greatly privileged to be the proud host of
the World Games in 1993; and
WHEREAS, a gospel choir consisting of 20 students entering or attending
college will be touring Sheffield, England for the World University PreGame
Ceremonies; and
WHEREAS, the musically inclined students have the opportunity to become a
part of the World University Game's history; and
WHEREAS, the City of Buffalo will see this trip as a wonderful learning
experience for the students going to Europe;
NOW, THEREFORE, BE IT RESOLVED,
that the Common Council and the City of Buffalo designates the week of July
7-14 World University Games 1993 Gospel Choir Week.
ADOPTED
No.153
BY: MR. COPPOLA
REQUEST STUDY FOR
HANDICAPPED ACCESS
WHEREAS: The Buffalo and Erie County Public Library system is working
to make its facilities handicapped accessible; and
WHEREAS: Two libraries are situated within the Delaware District, the North
Park and Fairfield Branches, and both are in need of upgrading; and
WHEREAS: Both branches need the following work done to accommodate
handicapped individuals:
l. Access from street level to first floor reading room.
2. Access to basement, to lavatories, and auditorium.
3. Upgrade lavatories.
WHEREAS: It is important that our public buildings be accessible to every
segment of the population.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Community Development
perform a feasibility study to provide handicapped access to the North Park and
Fairfield Branches of the Buffalo and Erie County Public Library system in
anticipation of upgrading both branches.
ADOPTED.
No.154
BY: MR. COPPOLA
REQUEST INFORMATION ON
NOTIFICATION OF TRASH
MORATORIUM
WHEREAS: The mayor has announced a moratorium on trash pickups
in the City of Buffalo; and
WHEREAS: Many questions have surfaced regarding this moratorium; and
WHEREAS: There is concern that absentee landlords and out-of-town property
owners may not have heard of the moratorium; and
WHEREAS: Residents in the City of Buffalo have not been properly informed
and many may continue to follow the schedule, which was included with their
last water bill and published in area newspapers; and
WHEREAS: Since the decision to spend overtime funds was made after the
Sanitation Department fell behind the published schedule, the administration
should accept responsibility for this mismanagement and the hardships it is
causing and properly notify, by mail, all property owners in the City of
Buffalo of this trash moratorium.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council would appreciate being notified of the steps being taken to
notify the citizens and property owners of the City of Buffalo of the trash
moratorium announced by the Mayor.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF STREET SANITATION
No.155
BY: MR. COPPOLA
REQUEST DETAILED REPORT
FROM BSA ON SIZE OF
WORKFORCE
WHEREAS: In a proposed budget for 1991-92, which was presented
to the members of the Buffalo Sewer Authority board on April 24, 1991, it was
reported that "the average number of employees during the past five years has
been 359 with a peak of 372 and a low of 350."
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests a detailed breakdown of the entire Buffalo Sewer
Authority workforce, with particular emphasis at the white collar level,
especially upper management, their responsibilities, salaries, and any special
benefits pertaining to their particular positions.
BE IT FURTHER RESOLVED THAT
This Common Council requests an explanation in person from Gillman J. Laehy,
General Manager, of the Sewer Authority's $37 million budget.
ADOPTED.
No.156
BY:MR. COPPOLA
STATUS OF CITY SEWER SYSTEM
WHEREAS: The Construction Fund Budget, which was presented for
consideration to the Buffalo Sewer Authority hoard on April 24, 1991, is in the
amount of $14,600,000, or $427,000 more than the current budget allows for
improvements; and
WHEREAS: The Buffalo Sewer Authority is responsible for over 840 miles of
storm and sanitary sewers within the city limits with approximately 790 miles
combined sewers.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests a status report on the Buffalo sewer system with
inclusion of the following:
1. Percentage of system slated to be upgraded during this construction
season.
2. Area to be upgraded.
3. Total percent of entire system upgraded to date.
ADOPTED.
No.157
BY: MR. COPPOLA
REQUEST ASSISTANCE FOR
LARGE TRASH REMOVAL FROM
ERIE COUNTY
WHEREAS: The City of Buffalo is literally buried under mountains
of trash due to the mismanagement of this administration; and
WHEREAS: The large amount of trash has created a health hazard, as well as
hardship, for city residents; and
WHEREAS: It would be advantageous for everyone to have this overabundance of
trash removed; and
WHEREAS: The County Executive has expressed a willingness to help the City
Sanitation Department remove this health hazard from city streets.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council is aware of the seriousness of this hazard caused by trash
being left on city streets for up to five weeks; therefore, this honorable body
requests the assistance of the County Executive and the National Guard in
helping to remove this heavy burden.
ADOPTED.
AYES- AMOS, BELL, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS, RUTECKI-8
NOES- BAKOS, FAHEY, HIGGINS, LOTEMPIO-4
No.158
BY: Messrs. Fahey, Amos, LoTempio and Bell
Demolition of 57 Connelly Avenue
WHEREAS: The residents of
Connelly Avenue have
reported that the
property at 57 Connelly is a hazard to the neighborhood; and
WHEREAS: More than two years ago there was a fire at this location and the
property remains boarded up and uninhabited; and
WHEREAS: The property is not being taken care of and the yard is overgrown
with weeds and harbors trash and rodents; and
WHEREAS: This location has become a haven for unsupervised youths; and
WHEREAS: This property threatens the well-being of the residents of this
neighborhood.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that the Department of Inspections and
Community Revitalization immediately begin the demolition process for 57
Connelly Avenue and report by the next Common Council meeting July 9,1991 on
the status of that demolition process.
ADOPTED.
No.159
BY: MR. FAHEY
CREATION OF SPECIAL COMMITTEE ON THE ENVIRONMENT
WHEREAS: In recent years, as environmental issues have multiplied
and taken on a more central role in the life of our community, this Common
Council has taken numerous initiatives to protect and improve the Western New
York environment; and
WHEREAS: Among the many issues which this Council has addressed are cleaning
up hazardous waste sites, limiting the use of pesticides by the City, examining
plans by local hospitals to build incinerators in residential neighborhoods,
representing neighborhood concerns regarding the Kingsley Park Hazardous waste
site, fighting lead contamination and its impact on the children of our city,
and limiting the term of the Niagara Mohawk PCB storage facility on Dewey
Avenue; and
WHEREAS: It is apparent that environmental problems and their solutions will
become increasingly important to this Council and it is the duty of this body
to develop an appropriate forum to air these issues where Councilmembers can
gain expertise and familiarity with the scientific, medical, financial and
moral issues inherent in our society's growing environmental problems;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby establishes a Special Committee on the Environment
to be made up of no more than five Councilmembers which will work with the
Buffalo Environmental Management Commission to properly identify, debate, and
help to solve environmental problems for the citizens of Buffalo.
REFERRED TO THE COUNCIL PRESIDENT
No.160
BY:MESSRS. FAHEY AND COLLINS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR BUFFALO INDEPENDENT LIVING NEW HOUSING
PROJECT COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, BIL Housing Development Fund Company, Inc. 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 a Land
Disposition Agreement for the construction of twelve (12) residential units of
new housing foe elderly and/or handicapped people 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
28th day of June 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 9th day of July 1991.
ADOPTED.
No.161
BY: MESSRS. FAHEY AND PITTS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR WATSON STREET TOWNHOUSE HOUSING PROJECT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, WHY Veterans Housing Coalition, Inc. 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 a Land
Disposition Agreement for the construction of four (4) two story residential
townhouse units of new housing known as the Watson Street Townhouse 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
28th day of June 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 9th day of July 1991.
ADOPTED
No.162
BY: MR.FRANCZYK
COST OF USE OF CITY OWNED EAST SIDE TRANSFER STATION BY RESIDENTS
WHEREAS: The City of Buffalo owns a transfer station on South Ogden
Street that is operated by Integrated Waste Systems as a part of that companies
contract to handle the city's household garbage and bulk trash; and,
WHEREAS: Private citizens may use this facility to dump trash on their own;
and,
WHEREAS: The costs to the average taxpayer are exorbitant, as Integrated
charges a high minimum rate to use the city owned transfer station regardless
of the actual weight of the refuse, rather than the per ton fee that the city
pays to dispose of its waste; and,
WHEREAS: The mayor has stated that people ought to take their trash to the
dump themselves as one solution to the mounds of trash inundating the streets
of the city this summer; and,
WHEREAS: The cost of taking trash to the transfer station is a deterrent to
the taxpayer who might wish to haul trash to the station themselves; and,
WHEREAS: There is no program conducted by the Department of Street
Sanitation or Department of Public Works to educate taxpayers about the
transfer station and to facilitate the private hauling of bulk trash to help
alleviate the annual summer trash fiasco; and,
WHEREAS: It seems sensible to reduce the costs of private disposal at the
transfer station to at least the actual cost per ton of trash dumped to
encourage residents and property owners to dispose of their own bulk
trash, rather than pile it at the curb for the city to haul away.
NOW THEREFORE BE IT RESOLVED:
That the Commissioners of the De partments of Streets Sanitation and
Public Works and representatives of Integrated Waste Systems appear before this
Common Council, so that they may explain why the fee exists at the East Side
Transfer Station; and,
BE IT FURTHER RESOLVED:
That the City and Integrated Waste arrive at a more realistic fee
structure that should encourage more private trash disposal at the transfer
station; and,
BE IT FINALLY RESOLVED:
That the responsible City Departments undertake a program to educate and
encourage the use of the transfer station that may include reduced fees for
city residents to dump requiring excessive bulk trash to be dumped at the
owner's expense, as well as any other good ideas.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF STREET SANITATION AND INTEGRATED WASTE SYSTEMS.
No.163
BY: MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
l. Robert C. J. Bressler
Claim for loss of garbage can. $15.00
2. Margaret Ciesla
Claim for loss of garbage can. $10.00
3. City of Buffalo
Claim for services rendered to Pilot Field in a prior
fiscal year. $53.58
4. William Erickson, Jr.
Claim for damage to personal clothing while performing his
duties as an Equipment Operator in the
Department of Street Sanitation. $80.00
5. Walter Hensley
Claim for loss of garbage can. $8.88
6. Leo M. Kelly, Jr.
Claim for damage as a result of diesel oil sprayed on
his vehicle at the Broadway Garage. $6.50
7. Dorothy Kinney
Claim for loss of garbage can. $8.00
8. Steven Mackie
Claim for personal property missing after arrest at
Police Headquarters. $50.00
9. Dennis W. Naab
Claim for loss of garbage cans. $14.00
10. Betty J. Ott
Claim for loss of garbage can. $10.00
11. Royal Printing Company
Claim for loss of garbage cans. $12.96
12. Olin Waltz
Claim for branch from City tree, previously
reported, damaged property. $34.96
13. Paul Wandel
Claim for loss of garbage can. $10.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED
AYES-12 NOES-0.
No.164
BY: Mr. Higgins
Common Council Appointments to
Hazardous Waste sites Task Force
WHEREAS: At the Common council meeting held on June 11, 1991, this
Honorable Body adopted Resolution #231 establishing a Task Force on Hazardous
Waste sites; and
WHEREAS: This Task Force is empaneled to improve communications between New
York State agencies and the city of Buffalo concerning remedial activity at 36
Hazardous Waste Sites in the city of Buffalo; and
WHEREAS: This Common Council is directed pursuant to Resolution 1231 to
appoint three of its members to serve on this panel.
NOW THEREFORE BE IT RESOLVED:
The following council members are hereby appointed to the Task Force on
Hazardous Waste Sites:
1. Eugene M. Fahey
2. Brian I. Higgins
3. Carl A. PerIa, Jr.
ADOPTED
No.165
BY: MRS. LoTEMPIO
ORDINANCE AMENDMENT
CHAPTER 137, SECTION 7 -
SCHEDULE OF FINES AND PENALTIES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 7 of Chapter 137 of the Code of the City of Buffalo be
amended to read as follows:
TYPE OF VIOLATION
Class A
Sidewalks not cleaned of snow and ice, 413-50 of Chapter 413
FINE INITIAL ADDITIONAL MAXIMUM
PENALTY PENALTY TOTAL
[$10.00] $50.00 [$10.00] $50.00 [$10.00] $50.00 [$30.00] $150.00
Sidewalks in business districts not cleared of litter, 413-4 and 413-48 of
Chapter 413
[$10.001 $50.00 [$10.00] $50.00 [$10.00] $50.00 [$30.00] $150.00
Class B
Garbage on street more than 8 hours ahead of collection, 216-14 of Chapter 216
[$20.00] $75.00 [$20.00] $75.00 [$20.00] $75.00 [$60.00] $225.00
Use of illegal containers for garbage; garbage not properly enclosed, 216-15 of
Chapter 216
[$20.00] $75.00 [$20.00] $75.00 [$20.00] $75.00 [$60.00] $225.00
Excessive amounts of bulk trash; unbundled trash, 216-15 of Chapter 216 and
Article I of Chapter 341
[$20.00] $75.00 [$20.00] $75.60 [$20.00] $75.00 [$60.00] $225.00
Class C
Overflowing dumpsters, littered dumpster areas, uncovered dumpsters, 413-4 and
413-37 of Chapter 413
[$50.00] $150.00 [$50.00] $150.00 [$50.00] $150.00 [$150.00] $450.00
Class D
Snowplowing which blocks public thoroughfare, 413-52 of Chapter 413
[$100.] $200.00 [$100.] $200.00 [$100.] $200.00 [$300.] $600.00
Mud and debris left in street at demolition, construction or tree removal
sites, 413-37 of Chapter 413
[$100.] $200.00 [$100.] $200.00 [$100.] $200.00 [$300.] $600.0
With respect to any violation for which a penalty or fine is imposed
pursuant to this Chapter 137-7, there shall also be imposed, as an additional
penalty, an amount equal to the cost incurred by the City to remove the litter,
garbage, trash, mud or debris which caused such violation to occur.
This ordinance shall take effect July 1 , 1991
R. PETER MORROW
Acting Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.166
BY: Messrs Pitts and Amos
CROSSROADS SITE AS PREFERRED SITE FOR NEW BUFFALO ARENA/ENTERTAINMENT
COMPLEX
WHEREAS: Development Downtown, Inc. recommended as a preferred
site the former Washington Market parcel in the Theatre District for the
development of a new Buffalo Arena. This recommendation was based upon a
preliminary examination of planning considerations and development costs, and
WHEREAS: D.D.I.'s recommendation was presented to the Common Council
where it has been considered by the Stadium and Auditorium Task Force, and
WHEREAS: While the Buffalo Sabres initially endorsed the D.D.I
recommendation in November of 1990, they have now given consideration to the
Crossroads site at the foot of Main Street as a viable alternative to
developing the new arena, and
WHEREAS: The recently completed study of the Sabres Architectural and
Engineering Firm stipulates that a new arena may be built at either site.
However, the Washington Market Street site would cost 124 million dollars and
the Crossroads site would cost 108 million dollars. The Sabres have indicated
a willingness to contribute 40 million dollars of private contributions toward
the cost of either site, with public sector completing the funding, and
WHEREAS: The Sabres have indicated that the higher cost at the
Washington Market Street site would necessitate an even higher public
contribution, and
WHEREAS: The Sabres have indicated that a decision would have to be
made on the preferred site by September of 1991. This would allow for the
Environmental Impact Study to begin as well as solidify the planning and
development of the new arena.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council designate the
Crossroads site as the preferred site for the development of a new Buffalo
Arena/Entertainment Complex.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE
No.167
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
1991-92
The Common Council of the City of Buffalo do ordain as follows:
That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo is
hereby amended to read as follows:
Sec. l. Basic Salaries. There shall be in the City service the titled
offices and positions enumerated under the respective headings and subheadings
hereinafter set forth, and the amount or amounts set Opposite the respective
titles shall be annual compensation for each such office and position, unless
otherwise stated.
This ordinance shall be effective July l, 1991.
THE SALARY ORDINANCES FOR THIS ITEM ARE IN LANDSCAPE FORM AND CANNOT BE
PRINTED. THEY ARE ON FILE IN THE CITY CLERKS OFFICE, AND IN THE ARCHIVE INDEX.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance 15 necessary.
The undersigned, heads of departments and City agencies and appointing
powers, each certifies, with respect to any department or City agency of which
he is the head, and the undersigned Director of the Budget certifies that the
positions created by the foregoing ordinance are each necessary for the proper
conduct and administration of the respective department or City agency in which
said position is sought to be created and to effectuate the proper performance
of essential work of each such department or City agency; and each such head of
a department and City agency recommends, with respect to the positions set
forth in the foregoing ordinance to which he has the power of appointment, and
the Director of the Budget recommends that the compensation for said positions
be either fixed and raised, or fixed, as the case may be, at the amounts set
forth in said ordinance.
OFFICE OF PRESIDENT OF THE COUNCIL
GEORGE K. ARTHUR
President of the Council
CITY CLERKS OFFICE
CHARLES L. MICHAUX, III
City Clerk
MAYOR AND EXECUTIVE DEPARTMENT
.JAMES D. GRIFFIN
Mayor
BOARD OF PARKING
DONALD G. KELLER
Chairman, Board of Parking
DIVISION OF STADIUM, MEMORIAL AUDITORIUM AND PILOT FIELD
JOHN P. SCANLON,
Chairman, Board of Stadium and Memorial Auditorium and Pilot Field
ZONING BOARD OF APPEALS
ALBERT H. JARRETT, SR.
Chairman, Zoning Board of Appeals
DEPARTMENT OF AUDIT AND CONTROL
JOEL A GIAMBRA
Comptroller
MUNICIPAL CIVIL SERVICE COMMISSION
E.W. DANN STEVENS
President, Municipal Civil Service Commission
DEPARTMENT OF ADMINISTRATION AND FINANCE
RICHARD PLANAVSKY
Commissioner, Administration sand Finance
DEPARTMENT OF LAW
R. PETER MORROW
Acting Corporation Counsel
DEPARTMENT OF ASSESSMENT
JOSEPH J. TANZELLA
Commissioner of Assessment
DEPARTMENT OF GENERAL SERVICES
DANIEL P. BOWEN
Commissioner of General Services
DEPARTMENT OF POLICE
RALPH V. DEGENHART
Commissioner of Police
DEPARTMENT OF FIRE
PAUL S. SHANKS
Commissioner of Fire
DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION
JOSEPH V. SCHOLLARD
Commissioner of Inspections and Community Revitalization
DEPARTMENT OF PUBLIC WORKS
DAVID P. COMERFORD
Commissioner of Public Works
DEPARTMENT OF HUMAN RESOURCES
DONALD A. ALLEN
Commissioner of Human Resources
DEPARTMENT OF PARKS
STAN BUCZKOWSKI
Acting Commissioner of Parks
DEPARTMENT OF STREET SANITATION
JAMES J. MAKOWSKI
Commissioner of Street Sanitation
DEPARTMENT OF COMMUNITY DEVELOPMENT
LAURENCE K. RUBIN
Commissioner of Community Development
THOMAS F. KEENAN
Director of the Budget
It is hereby certified that personnel requisitions containing statements
of the duties of all new positions created by the within ordinance, have been
referred to the Municipal Civil Service Commission, and that the titles of all
new positions created by the within ordinance, as therein set forth, are the
appropriate Civil Service titles for such positions.
E.W. DANN STEVENS, President
Municipal Civil Service Commission
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
Mr. Fahey moved that the foregoing salary ordinance be amended as
follows:
CITY CLERK
1-001 add l Council Clerk (Gerald Chwalinski only) 24,185-28,252 COMPTROLLER
04-001 add l Resource Development Technician 29,096-34,389
PARKS
60-1-032 add 1 Head Motor Equipment Mechanic 23,017
POLICE
20-4-002 delete l Resource Development Technician 29,096-34,389
DATA PROCESSING
04-0-002 add 2 System Support Specialist 30,922-36,275
STREET SANITATION
70-0-13 add 1 Training Officer Streets 22,610-25,969
Adopted
Mr. Fahey now moved the approval of the salary ordinance as amended.
PASSED
AYES-12 NOES-0.
No.168
BY: MR. PITTS
SET PUBLIC HEARING:
AMENDMENT TO LAND DISPOSITION AGREEMENT FOR CLINTON PARK NEW HOUSING PROJECT
GAL-VAN DEVELOPERS, INC., REDEVELOPER
WHEREAS, Gal-Van Developers, Inc. 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 Clinton Park New Housing Project; and
WHEREAS, said Amendment to Land Disposition Agreement has been forwarded
by the Agency to this Colon 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
28th day of June 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Bearing" at 2:00 o'clock pm. in the Council Chambers
on the 9th day of July 1991.
ADOPTED.
No.169
BY: MR. PITTS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR
CLINTON PARK II NEW HOUSING PROJECT
EMSLIE NEIGHBORHOOD DEVELOPMENT PROGRAM NYA-206
WHEREAS, Marrano/Marc Equity Corporation 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 a Land
Disposition Agreement for the construction of seven (7) residential units of
new housing known as the Clinton Park II New Housing Project in the Ems lie
Neighborhood Development 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
28th day of June 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 9th day of July 1991.
ADOPTED
No.170
BY: MR. PITTS
DISCHARGE CIVIL SERVICE COMMITTEE
OF EARLY RETIREMENT INCENTIVE
WHEREAS: The Committee on Civil Service has been considering an
Early Retirement resolution sponsored by Councilmember Coppola, and
WHEREAS: This resolution would provide a Home Rule Message in support of
an Early Retirement Incentive Bill which has been approved by the New York
State Legislature, and
WHEREAS: The adoption of this State program would provide significant
savings by the City of Buffalo.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council discharges the
Committee on Civil Service from further consideration of Resolution "Retirement
Incentive".
BE IT FURTHER RESOLVED THAT: The Common Council hereby adopts the
resolution.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.171
BY: MR. PITTS
BANNER ERECTION AT MARYLAND
AND NIAGARA STREETS
WHEREAS: On August 1-3, 1991, there will be an "Evangelical Tent
Revival" held in the Hudson Street Park. This revival will be held from 7:00
pm. - 10:00 pm. each night, and
WHEREAS: This revival is sponsored by the Missionary Church of Christ and
other Hispanic Churches of Christ as a first annual event, and
WHEREAS: The sponsors have acquired the necessary insurance and have made
arrangements to provide for security and clean-up, and
WHEREAS: The Parks Department has approved the event. The sponsors would
like to erect a banner to announce the upcoming event.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the
"Evangelical Revival" to be held at Hudson Street Park on August 1-3 1991,
subject to conditions established by the Parks Department.
BE IT FURTHER RESOLVED THAT: The Common Council approves the erection of
a banner at the corners of Mary land and Niagara Streets during the month of
July through the revival dates in August, subject to conditions established by
the Department of Public Works.
PASSED
AYES-12 NOES-0.
No.172
BY: MR. PITTS
AUTHORIZATION OF MAYOR
TO DECLARE STATE OF EMERGENCY
WHEREAS, the City's bulk trash pickup has been backlogged for
a number of weeks; and
WHEREAS, the excessive uncollected bulk trash is creating conditions
dangerous to the health and safety of the residents of Buffalo as attested to
by increased complaints of rodent infestation; and
WHEREAS, in recognition of the severity of the problem and the inability
of City sanitation crews to keep pace with the problem, the Mayor has declared
a moratorium prohibiting residents from setting out any more bulk trash until
August l, 1991 in order to allow City work crews to remove trash already placed
at the curb; and
WHEREAS, in light of the serious health hazards posed by the uncollected
trash and the City's inability to remedy the situation with its own labor
force;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests the Mayor to officially declare that a
state of emergency exists with respect to the uncollected bulk trash on the
streets of the City; and
That the Mayor or his designee(s) and the union(s) representing City
employees engaged in bulk trash collection immediately schedule a meeting for
the specific purpose of exploring and negotiating sub-contracting out trash
collection services for the duration of the moratorium established by the
Mayor.
Mr. Fahey moved to refer the above item to the Committee on Legislation and the
Commissioner of Street Sanitation; seconded by Mr. Rutecki.
Mr. Pitts now moved to amend and to approved the first resolve and refer the
balance to the Committee on Legislation and the Commissioner of Street
sanitation; seconded by Mr. Collins
ADOPTED
AYES- AMOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, RUTECKI- 9
NOES- BAKOS, FAHEY, LOTEMPIO- 3.
No.173
BY: Mr. RUTECKI
Reduced Parking - 120 Albemarle
WHEREAS: St. Mark's Episcopal Church has received a Fund Reservation
from the United States Department of Housing and Urban Development (HUD) to
construct and operate a 33-unit apartment development under Section 202 of the
Housing and Community Development Act for Elderly or Physically Handicapped
Persons, and
WHEREAS: Article XIX, "Off-Street Parking and Loading", Section 511-96,
Subsection (D)(2) of the Zoning Ordinances provides that the Common Council may
reduce the parking requirements of Subsection, (A) to not less than forty
percent (40%), and
WHEREAS: St. Mark's proposes to build this senior citizen development at 120
Albemarle St. with 14 parking spaces which would meet the forty percent (40%)
requirement, and
WHEREAS: In keeping with the intent of this section this Common Council finds
that one parking space per dwelling unit is not necessary for a senior citizen
housing development at 120 Albemarle St., Therefore Be It
RESOLVED: That this Common Council does hereby approve, as provided by Section
511-96 Subsection (D)(2) of Article XIX, a reduction by 40 percent in the
number of required parking spaces from 33 to no less than 14 parking spaces,
and Belt Further
RESOLVED: That this resolution shall enure to the benefit only of the apartment
building to be known as St. Mark's Manor, HUD Project 014-EH261 which shall be
owned by the Riverside Episcopal Housing Development Fund Company, Inc., a New
York State not-for-profit corporation created and supervised by St. Mark's
Episcopal Church, and Be It Further
RESOLVED: That a certified copy of this adopted resolution be forwarded to
Reverend Donald B. Hill, St. Mark's Episcopal Church, 256 Riverside Ave.,
Buffalo, New York 14207.
PASSED
AYES-12 NOES-0.
No.174
BY: MR. RUTECKI
APPOINTMENT TO
PUBLIC ACCESS POLICY BOARD
WHEREAS: Due to the recent resignation of Rita Hunt, a vacancy
presently exists on the City of Buffalo Public Access Policy Board; and
WHEREAS: This board provides the valuable function of advising the city on
matters related to public access cable television;
WHEREAS: Tony Conrad is an associate professor in the Department of Media Study
at the State University of New York, and has been very active in film making
and public access television.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council appoint Tony Conrad of 129 Prospect Ave. to the City
of Buffalo Public Access Policy Board to fill the unexpired term of Rita Hunt.
ADOPTED
No.175
BY: MESSRS. RUTECKI ,FAHEY, AND PERLA
ORDINANCE AMENDMENT
CHAPTER 216, SECTION 15 (H)
OF ARTICLE VI OF THE CODE OF THE
CITY OF BUFFALO
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section l. That subsection (H) of Chapter 216 of Section 15 of the Code
of the City of Buffalo be amended to read as follows:
The Commissioner of Street Sanitation shall designate a schedule of
additional trash and rubbish collections during the course of the year on a
biweekly basis and shall prepare and promulgate rules and regulations for said
additional collections, including the following:
l. No property shall have placed in front of the same for collection an
amount of trash and rubbish exceeding the four and zero-tenths (4.0) cubic
yards. Any excess over four and zero-tenths (4.0) cubic yards will not be
collected. Any owner not removing excess trash from in front of the property
shall be subject to the penalties in 137-7 herein.
2. All trash and rubbish must be bundled in four-foot lengths or, in the
alternative, must be placed in containers. Appliances, furniture and other
similar large items must be placed in a safe manner and shall not extend onto a
public street or sidewalk. No materials placed for collection shall contain
nails, glass or other hazardous materials.
3. Owners wishing to dispose of amounts in excess of four and
zero-tenths (4.0) cubic yards shall apply for and receive from the Department
of Street Sanitation a load-dumping permit upon payment of a permit fee as set
forth in Chapter 175, Fees. Said permit shall entitle the holder to transport
said items to the appropriate city location and to dispose of said items at
that location without charge.
4. Only property owners who have performed remodeling without utilizing
contractors for hire shall be allowed to place debris from remodeling for
special trash collections, and only in accordance with the regulations
established herein. No contractor performing any remodeling for hire shall be
allowed to place any debris from said remodeling for special trash collections.
Violation of this section shall be cause for action against the license of the
contractor as provided in this Code.
Section 2. This amendment shall take effect January l, 1992.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
NOTE: New material is underlined.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET
SANITATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION
COUNSEL.
No.176
BY: MESSRS. RUTECKI AND PITTS
REQUEST COOPERATIVE
EXTENSION TO FOCUS ON
LEAST-TOXIC METHODS
WHEREAS: The Buffalo Pest Management Board has been established
to help insure that pesticides are used by the city only when necessary and
that least-toxic alternatives are fully examined and used where possible; and
WHEREAS: Pest management research regarding least-toxic alternatives is
currently a wide open field and concerted effort is needed to develop a
rigorous body of knowledge in this field; and
WHEREAS: It is crucial to develop effective, proven and sanctioned
least-toxic pest management methods to replace some of the current polluting
toxic chemical methods in order to preserve human health and the natural
environment; and
WHEREAS: The creation of the Pest Management Board has placed the City of
Buffalo in an excellent position to make use of research and educational
materials regarding least-toxic approaches to pest management;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Cornell University Cooperative Extension to
emphasize least-toxic approaches in its research programs, to actively promote
these approaches, and to develop educational programs for consumers on
least-toxic alternatives;
BE IT FURTHER RESOLVED THAT:
This Council requests the Cooperative Extension to develop initiatives which
specifically address the needs of cities in areas such as least toxic lawn and
garden care and institutional pesticide use; and
BE IT FINALLY RESOLVED THAT:
The City Clerk be directed to send a certified copy of this resolution to the
Cornell University Cooperative Extension.
ADOPTED.
No.177
By Mr. Rutecki
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Mrs. Johnnie M. Hodges
By Councilmember Collins
Felicitation for Sonia Ramos
By Councilmember PerIa
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.178
BY MR. RUTECKI
Appointments Commissioners of Deeds
Required for the Proper
Performance Of Public Duties
That the following persons are hereby appointed as Commissioner
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:
Tiffany Rowe
Michael A. Smyntek
TOTAL: 2
ADOPTED
No.179
BY MR. RUTECKI
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
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:
Richard Mark Bertocci Robert Budin
Tonya Davis Dawn Clark
Dorothy J. Durham Joseph P. Fahey
Barbara A. Fahey Harry Ferris
Roberta M. Fawcett Denise Masci
Diane M. George William McGuire
Theresa M. Healy Christine M. Pagano
Paul P Indelicato Susan M. Allen
Diane IL. Kaczmarek Jerome W. Dixon
Deborah Kimble Kristen D. Holtz
Joseph J. McLaughlin Jeffrey Woodworth
Florence D. Mercer Arlene Costrine
Audrey Neubeck Martin Darmstedter
Frank J Pellegrine Daniel Notaro
Charles Sample II James F. Notaro
Kristin I. Sample Vincent Pezzimenti
Stanley J. Stachowski R. Michael Stanton
Lisa A. Vastola
TOTAL:35
ADOPTED
UNFINISHED BUSINESS
No.180
Bond Resolution - $500,000 - Handicap Access-Schools
(Com. 140, C.C.P., June 11, 1991)
Mr. Fahey moved that Item No. 140, C.C.P., June 11, 1991, be taken
from the table. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that the above item be approved.
Seconded by Mrs. LoTempio
PASSED
AYES-12 NOES-0.
No.181
ANNOUNCEMENT OF COMMITTEE MEETINGS
The Following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, July 2, 1991 9:30 AN
FINANCE Tuesday, July 2, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, July 2, 1991 2:00 PM
LEGISLATION/PUBLIC HRG. Tuesday, July 2, 1991 6:00 PM
ECONOMIC DEVELOPMENT Wednesday, July 3, 1991, 10:00 AN
ANCILLARY COMMITTEES
TAYLOR LAW IMPASSE Thursday, June 27, 1991
AUDITORIUM/STADIUM TASK FORCE Thursday, June 27, 1991 2:00 PM
No.182
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Perla the Council adjourned
at 4:10 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.