HomeMy WebLinkAbout91-0709
1No.14
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 9, 1991
Special Session, July 17, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A
Giambra, Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P.
Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/, Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
: Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, July 9, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Rutecki - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held June 25, 1991, and the special meeting held on July 1, 1991, were
approved
FROM THE MAYOR
No.1
Veto -First Night Buffalo
Permission To Use Council Chambers - 12/31/91
[Item No. 83, C.C.P., June 25, 1991]
This item authorizes the use of Council Chambers on New Year's
Eve. While the resolution requires that the group provide insurance, there is
no consideration of security and other costs associated with having a large
group of people in City Hall on New Year's Eve. The Department of Public Works
should have the opportunity to review the matter. I am compelled for these
reasons to veto this item.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 83, C.C.P.,
6/25/91,-First Night Buffalo- Use of Council Chambers on December 31, 1991.
Seconded by Mr. Bakos.
LOST
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS, RUTECKI- 8
NOES- ARTHUR, BELL, COLLINS, COPPOLA, LOTEMPIO- 5.
No.2
VETO MESSAGE
CHILDREN AT PLAY SIGNS - EGGERT AND BAILEY
ITEM NO. 143 C.C.P., JUNE 25,1991
The above item requires my veto for several reasons.
The resolution mandates that "children at play" signs be installed
without a review of the situation by the Department of Public Works. That
Department has the administrative and chartered obligation to review such
matters and approve them where appropriate. The Commissioner of Public Works
informs me that such signs are in fact not appropriate.
There is no evidence that "children at play" signs improve the safety of
children. In fact they may increase the danger to children by creating a false
sense of security. Additionally, federal and state standards for highway
signage discourage the use of such signs.
For all these reasons I hearby veto the item.
Mr. Fahey :moved to Override the Mayor's Veto of Item No. 143, C.C.P.,
6/25/91,- Children at Play Signs- Eggert/Bailey.
Seconded by Mr. Franczyk.
REPASSED.
AYES-13 NOES-0.
No.3
Veto "1991-92 Salary Ordinance Amendment"
C.C.P. June 25, 1991, Item 1167
l am hereby vetoing the following amendments made by Your Honorable
Body to the 1991-92 salary ordinances:
Data Processing
04-0-002 add 2 System Support Specialists $30,922-36,275
REASON:
Your honorable Body was unauthorized to add these positions to the Salary
Ordinance without having added them to the 1991-92 budget. Pursuant to Article
24, Section 442 of the City Charter the council can only approve the creation
of a new position upon the certification of the appointing power and the
director of the budget that the creation of such new position is necessary.
Since no funding was appropriated for these positions and personnel
requisitions for filling jobs in the Department of Audit and Control are not
subject to approval of the budget director, I am vetoing the addition of these
positions to the salary ordinances.
Furthermore, even an override of this veto would not result in the
creation of these positions since Your Honorable Body did not have the
authority to add them without the certifications referenced above.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 167, C.C.P.,
6/25/91,-1991-1992 Sal. Ord. Amendment- Data Processing (2 System Support
Specialists).
Seconded by Mr. Higgins.
REPASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI- 12
NOES- Pitts- 1.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
No.4
Appointment - Buffalo Environmental
Management Commission
Pursuant to the powers vested in me by Section 318.2 of the Charter
of the City of Buffalo, as amended, I hereby appoint Robert O'Hara, residing at
37 Woodward Avenue, Buffalo - 14214, as a member of the Buffalo Environmental
Management Commission to replace Mayoral appointee James W. Harrington, who has
resigned after having served a full term of appointment.
Mr. O'Hara, is a Registered Architect, State of New York; served four
years as Principal Architect, City of Buffalo; is currently Director of
Buildings, City of Buffalo; and has played a leading role in solid waste
management and recycling issues for the City.
I hereby certify that Robert O'Hara, is fully qualified to serve as a
member of the Buffalo Environmental Management Commission.
RECEIVED AND FILED.
FROM THE CITY PLANNING BOARD
No.5
Sorrento Cheese Co. - Request
permission to install conduits
within right-of-way at
2375 South Park.
Item No. 25, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
2, 1991, considered the above request pursuant to Section 413-1 of the Buffalo
Code, Review of Right-of-Way Encroachments.
Sorrento Cheese seeks to install three conduits under South Park Avenue
for the purpose of linking their facility, which straddles South Park Avenue at
the address stated above, with telephone and computer services. There
currently exist overhead cable to provide this linkage. The proposed
encroachment would remove these overhead lines. Moreover, since South Park
Avenue is currently being reconstructed in this vicinity, the placement of the
conduits at this time would not require the disturbance of pavement. Lastly,
the Department of Public Works has reviewed the matter and has recommended that
a "mere license" be issued to Sorrento Cheese for the encroachment.
Given these salients, the Planning Board voted to approve the proposed
encroachment noting that under S.E.Q.R., the encroachment is considered a Type
II action which does not require further environmental review.
RECEIVED AND FILED
No.6
T. Hurliman - Request to place a sidewalk cafe in the right-of-way of Erie
Street (addressed at 110 Pearl Street).
Item No. 26, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
2, 1991, considered the above request pursuant to Section 413-59 of the Buffalo
Code, Review of Sidewalk Cafes.
The applicant seeks to place a 572 square foot sidewalk cafe in the
right-of-way of Erie Street consisting of seven tables and two wooden picnic
tables, three wood planter boxes with swag chains, outdoor carpeting, and a
decorative wood windscreen.
The site is located in the Joseph Ellicott Preservation District and the
cafe has been granted a Certificate of Appropriateness by the Buffalo
Preservation Board on June 28, 1991. In this vein, it should be noted that the
Buffalo Preservation Board considers the matter to be a Type II action which
under S.E.Q.R. does not require further environmental review. Moreover, the
Department of Public Works has also reviewed the proposed cafe and has
recommended that Your Honorable Body issue a "mere license" for it. (See Item
No. 26, C.C.P., June 25, 1991)
The Planning Board voted to approve the cafe with the following
conditions:
1. that the cafe be opened no later than 11:00 p.m. daily,
2. that no music be played in the cafe area, and
3. that no trash receptacles be placed in the cafe area.
RECEIVED AND FILED.
No.7
T. Tran - Application to establish
a take-out restaurant at 2892 Bailey Avenue.
Item No. 97, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
2, 1991, considered the above application pursuant to Section 511-65 of the
Buffalo Code, The Kensington-Bailey Business District.
The applicant seeks to convert an existing store into a take-out
restaurant. The proposed conversion involves 880+ square feet of gross floor
area. An accessory sign measuring 20 feet by 23 inches, or approximately 40
square feet, is also being proposed.
The site is located in the Kensington-Bailey District which considers
eating and drinking places to be restricted uses requiring the approval of Your
Honorable Body. Under the Zoning Ordinance, six off-street parking spaces are
suggested. Lastly, under S.E.Q.R., the proposed restaurant conversion is
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed restaurant with the
accessory sign as requested.
RECEIVED AND FILED.
No.8
C. Dentico - Request to encroach on right-of-way at 690 Hertel Ave. with an
awning.
Item No. 98, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
2, 1991, considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant seeks to erect an awning measuring 2 feet by 3 feet by 60
feet. Two feet of the awning will overhand the right-of-way.
The portion of Hertel Avenue which will be affected by the encroachment
has a 66-foot right-of-way with a 40-foot pavement width. Consequently, 13
feet of sidewalk exists between the subject property and the curb line.
Under S.E.Q.R., the proposed awning encroachment is considered a Type II
action which does not require further environmental review.
The Planning Board voted to approve the awning encroachment as presented.
RECEIVED AND FILED.
No.9
C. Cheng - Request to convert retail store to take-out restaurant.
Item No. 99, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
2, 1991, considered the above application pursuant to Section 511-56 of the
Buffalo Code, the Elmwood Business District zone.
The applicant seeks to convert a vacant store consisting of approximately
2050 square feet into a take-out restaurant. An accessory wall mounted sign is
also proposed. The site is located in the Elmwood Business District which
considers eating and drinking places to be restricted uses requiring the
approval of Your Honorable Body. Under the Zoning Ordinance, 14 off-street
parking spaces would be suggested. It should also be noted that public parking
facilities exist within 1000 feet of the proposed restaurant. Lastly, under
S.E.Q.R., the matter is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to approve the proposed restaurant on the
condition that the accessory sign does not exceed 35 square feet in sign face
area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No.10
REPLY TO AUDIT REPORT -
MEMORIAL AUDITORIUM
Item No. 29, C.C.P. May 28, 1991
After a thorough review by the undersigned and the Division's
Senior Account Clerk at an exit conference conducted by the City Auditor,
James Pajak, the Division of Stadium and Auditorium is prepared to accept the
Audit report submitted to your Honorable body for the period July 1, 1988 to
June 30, 1990.
With the cooperation and guidance of the Department of Audit & Control the
Division of Auditorium will he more diligent in monitoring our accounts
receivable; delinquent accounts; correct application of accounts receivable
invoices; a more expeditious policy of action for collection of delinquent
accounts; and proper recording of rental payments received.
In the past ten (10) years, the Division has completed five (5) audits
satisfactorily and our accounting has basically been performed in the same
manner and by the same individual throughout this period. It is therefore
quite surprising and difficult to understand some of the opinions and
recommendations put forth in this report.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO ARTS COMMISSION
No.11
Lake Erie Plaque
Your Honorable Body's permission is requested to authorize the
purchase of a large (60" x 48") Bronze Plaque to be installed at the Erie Basin
Marina.
In 1935 the Abigail Fillmore Chapter of the Daughters of the American
Revolution placed a bronze plaque detailing the local history of Lake Erie at
the foot of Porter Avenue near the entrance to LaSalle Park. Over two years
ago this plaque and mounting stone disappeared and efforts to locate it have
been unsuccessful. The local chapter of the PAR subsequently approached the
Arts Commission about having it replaced and relocated to a more secure
environment.
The Arts Commission has reviewed their request and evaluated a potential
site along the waterfront. It is recommended that a cast bronze replica be
fabricated based on historical date made available to the Commission and that
the new plaque be installed on a suitable boulder along the retaining wall
midway between the Hatch Restaurant and light house at the Erie Basin Marina.
Informal bids have been taken and the lowest responsible bidder
recommended for approval is:
Lincoln Memorials Ltd.
1470 Harlem Road
Cheektowaga, New York 14206
at a cost of $3,224. Funds are available in the Monument Reconstruction Bond
Fund #200-402-044.
The Abigail Fillmore Chapter of the PAR has offered their assistance in
defraying the cost of installation and strongly supports the recommended new
location. They are planning a rededication ceremony September 5, 1991.
Your Honorable Body's authorization to enter into a purchase order
agreement with the above referenced low bidder and approval of the location
recommended is requested. Thank you.
Mr. Fahey now moved:
That the communication from the Executive Director of the Buffalo Arts
Commission dated July 1, 1991, be received and filed; and
That the Buffalo Arts Commission be and hereby is authorized to enter
into a contract for the purchase of a bronze plague (60" x 48") detailing the
history of Lake Erie, with Lincoln Memorials Ltd., in the amount of $3,224,
with costs to be charged against monument reconstruction bond fund No.
200-402-004.
PASSED
AYES-13 NOES-0.
FROM THE COMPTROLLER
No.12
CERTIFICATE NUMBER 1-91-92 OF THE COMPTROLLER OF THE CITY OF BUFFALO, NEW YORK,
RELATIVE TO THE CAPITAL DEBT SERVICE FUND OF SAID CITY, STATING THE AMOUNTS TO
BE DEPOSITED THEREIN AND PAID THEREFROM FOR THE PERIOD COMMENCING
JULY 1. 1991 AND ENDING JUNE 30. 1992
I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo, New York,
in accordance with the provisions of Section 202 of the resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital
Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other
Matters in Connection Therewith, and Providing for the Rights of Holders of
Capital Debt Obligations of the City."
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, DO HEREBY CERTIFY as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year
commencing July 1, 1991 and ending June 30, 1992 is $31,666,887.72.
2. The portion of said Capital Debt Service Requirement allocated to the
First Collection Period (July 1, 1991 through and including November 30, 1991,
is $9,635,380.61.
3. The portion of said Capital Debt Service Requirement allocated to the
Second Collection Period (December 1, 1991 through and including June 30, 1992,
is $22,031,507.11).
4. The First Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing July 1, 1991 and
ending December 31, 1991 on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due
Place Due
Serial Bonds $1,736,832.50 July 31, 1991 Chase Manhattan Bank
N.A.One New York Plaza
New York, NY 10081
Serial Bonds 580,572.50 August 1, 1991
Serial Bonds 968,671.26 August 30, 1991
Serial Bonds 474,110.00 September 1, 1991
Serial Bonds 797,296.25 September 30, 1991
Serial Bonds 251,055.00 October 1, 1991
Serial Bands 556,991.25 October 31, 1991
Serial Bonds 1,367,698.10 November 1, 1991
Serial Bonds 1,073,148.75 November 29, 1991
Serial Bonds 920,967.50 November 29, 1991 M & T Trust
Company
Buffalo, New York
Serial Bonds110,000.00 December 1, 1991
Serial Bonds 798.037.50 December 1, 1991 The Chase
Manhattan Bank, N.A.
New York, New York
$9,635,380.61
5. The aggregate amount to be deposited by the Director of the Treasury
with the Norstar Bank, Buffalo, New York, commencing on July 1, 1991 is
$9,635,380. 61.
6. The Second Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing January 1, 1992,
and ending June 30, 1992, on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due Place
Due
Serial Bonds $ 1,736,832.50 January 31, 1992 The Chase
Manhattan Bank, N.A.
New York, New York
Serial Bonds 2,620,842.50 February 1, 1992
Serial Bonds 968,671.26 February 28, 1992 Marine Midland
Bank, N.A.
New York, New York
Serial Bonds 1,910,000.00 March 1, 1992
Serial Bonds 12,050.00 March 1, 1992 Chase Manhattan
Bank, N.A.
New York, New York
Serial Bonds 797,296.25 March 31, 1992
Serial Bonds 2,574,305.00 April 1, 1992
Serial Bonds 556,991.25 April 30, 1992
Serial Bonds 1,035,609.60 May 1, 1992
Serial Bonds 1,073,148.75 May 29, 1992
Serial Bonds 917,722.50 May 29, 1992 M & T Trust Company
Buffalo, New York
Serial Bonds 1,020,000.00 June 1, 1992
Serial Bonds 6,808,037.50 June 1, 1992 The Chase Manhattan
Bank, N.A.
New York, New York
Total $22,031,507.11
7. The aggregate amount to be deposited by the Director of the Treasury
with the Norstar Bank, Buffalo, New York, commencing on December 1, 1991 is
$22,031,507.11.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director
of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in
the Capital Debt Service Fund held by the Trustee, Norstar Bank, Buffalo, New
York, immediately upon receipt of any payment of or on account of any City ad
valorem property taxes, until the amount deposited during each Collection
Period is equal to the amount shown in Section 5 and 7, respectively.
9. I have this day delivered a copy of Certificate Number 1-91792 to the
Director of Treasury and to the Norstar Bank, Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th Day of June, 1991
JOEL A. GIAMBRA
COMPTROLLER
RECEIVED AND FILED.
No.13
Interfund Cash Loan for Capital Projects
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the
City General Fund to the City, Board and Enterprise Capital Projects Funds.
The interfund loan will then be repaid when Bond Anticipation Notes or Bonds
are issued to finance these projects.
As of today, we have two requests for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
These projects have been delayed because of the delay in receiving State
Aid Payments that were due April 15th, May 15th, and June 15th. These payments
have been received and the City has the cash to advance these projects.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $110,000 for
Improvements to Lovejoy District Parks (Walden Park) and $475,000 for the
Construction of the Old First Ward Community Center. The loans will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 General 200 Capital Proj 200-601-035 BAN/ Bond Sale $110,000
100 General 200 Capital Proj 200-402-024 BAN/ Bond Sale 475,000
MR. FAHEY moved:
That the communication from the Comptroller, dated July 1, 1991, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make the
interfund cash loans as follows:
From To Account Repayment Date
100 General 200 Capital Projects 200-601-035 BAN or Bond Sale
($110,000)
100 General 200 Capital Projects 200-402-024 BAN or Bond Sale
($475,00)
for, respectively, improvements to Lovejoy District Parks (Walden Park) and
construction of the Old First Ward Community Center.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12
NOES- RUTECKI-1.
No.14
BOND RESOLUTIONS NOT SUBMITTED
1990-91 CAPITAL IMPROVEMENTS BUDGET
All of the bond resolutions pertaining to the 1990-91 Adopted
Capital Improvements Budget were submitted to the Common Council for
authorization and approval except:
1.) Historical Society Reconstruction$ 200,000
2.) Acquisition of Site for Elementary School 1,000,000
The City's Bond Counsel was unable to write these bond resolutions for
the following reasons:
1.) The Buffalo and Erie County Historical Society Building is not owned
by the City of Buffalo. In order to determine whether the proceeds of City
bonds may be used for the reconstruction of the Historical Society Building,
Bond Counsel set forth their analysis of applicable state law, including
Chapter 310 of the Law of 1897. Chapter 310 provides in pertinent part as
follows:
"The Common Council of the City of Buffalo is hereby authorized and
empowered to raise and appropriate the sum of twenty-five thousand dollars to
defray in part the cost of the erection of the aforesaid building and for that
purpose to issue the bonds of said City for that amount. The Common Council of
the City of Buffalo shall appropriate for the fiscal year commencing July
first, eighteen hundred and ninety-seven a sum not less than three thousand
dollars for the care, maintenance and preservation of the building, historical
and scientific collections, books, papers and properties of such historical
society and thereafter said Common Council shall annually make such
appropriation as shall be necessary to provide for the heating and lighting
thereof, and also a sum not less than five thousand dollars for the care and
maintenance of said building and the care, maintenance and preservation of the
historical and scientific collections, books, papers and properties of said
society to be kept in said building, and shall annually include the sum
necessary for that purpose in the general tax of each year." (emphasis added)
As stated in Chapter 310, the City was expressly authorized by the State
Legislature to issue its bonds in the amount of $25,000 to defray in part the
cost of constructing the Historical Society Building. The City was also
expressly directed to annually include in the general tax of each year a sum of
not less than $5,000 for care and maintenance expenses for such building.
Therefore, the Legislature clearly intended that the City finance such care and
maintenance expenses from current tax revenues, as opposed to bond proceeds.
In the event that the City acquires the building, or obtains a leasehold
interest, it would be appropriate to finance building improvements as part of
the City's Capital Improvement Budget applicable to City capital assets in
general. In the alternative, an amendment to Chapter 310 could be pursued in
the State Legislature in order to obtain express authorization for bond
financing of such improvements without a change in ownership.
2.) The Board of Education has not progressed far enough in its search
for a site to build a new school. The Board of Education was unable to provide
(1) a list of potential sites, (2) estimated costs for sites, (3) necessary
environmental studies on selected sites, which were required prior to drafting
this bond resolution.
REFERRED TO THE COMMITTEE ON FINANCE.
No.15
Renewal of Lease Agreement
Bella Vista Management, Inc.
2237 Niagara Street
Item #134,
November 27, 1990
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Joseph A. Cipolla of Bella Vista Group, Inc., located at
6495 Transit Road, Bomansville, New York to lease the City-owned property
described as 2237 Niagara Street, East 153.22' South of Ontario Street.
They are requesting that they be permitted to renew the lease under the
same terms and conditions as the previous lease.
The renewal of this lease is commence on October 1, 1991 and expire on
September 30, 1992.
The annual rental to be charged is $155.00 payable in advance.
Insurance is to be provided saving the City of Buffalo harmless from any
liability set forth per Item #197, C.C.P. March 31, 1987.
This office approves and recommends acceptance of this lease renewal.
REFERRED TO THE COMMITTEE ON FINANCE.
No.16
Use of Gym - Former
School #29
The Division of Real Estate has received a request from the Sting
Ray, A. C., Inc., a non-profit athletic organization catering to youths of
their community, to use the P.A.L. Center gym at former School #29. They are
requesting to use the gym Sunday nights between the hours of 6:00 pm. - 11:00
p.m. They will purchase their own bingo equipment including chairs and tables.
The Division of Youth currently uses the gym Monday - Friday. They have
been contacted and they have no objection to the use of the gym on Sunday
nights by the Sting Ray Organization.
I am, therefore, requesting permission to enter into a use agreement with
the Sting Ray, A.C., Inc. for use of they gym located at former School #29.
They will be required to provide the necessary license and insurance.
MR. FAHEY moved:
That the communication from the Comptroller, dated July 3, 1991, be
received and filed; and
That the Mayor be, and he hereby Is, authorized to execute a use
agreement for City-owned property located at P.A.L. Center gym at former School
1/29 with the Sting Ray, A.C. Inc. for use of the gym Sunday nights between the
hours of 6:00 P.M. -11:00 P.M. under the terms and conditions as contained in
the Comptroller's correspondence dated July 3, 1991.
PASSED.
AYES-13 NOES-0.
No.17
Permission to Negotiate
Portion of 764 Kensington
The Office of the Comptroller, Division of Real Estate, has received
a request from A. T.M. Supply company, 1685 Elmwood Avenue, Buffalo, New York
14207, to purchase a portion of the former Sweet Kleen Laundry building located
at 764 Kensington Avenue.
The portion of the building they wish to purchase is a separate structure
consisting of approximately 7,200 square feet. They intend to use the building
for wholesale machine sales.
Therefore, I am requesting that we be permitted to negotiate a private
sale with Mr. Timothy A. Murek, President of A.T.M. Supply Company.
MR. FAHEY moved:
That the communication from the Comptroller, dated July 2, 1991, be
received and filed; and
That the comptroller be, and he hereby is authorized to negotiate with
Mr. Timothy A. Murek of A.T.M. Supply Company, 1685 Elmwood Avenue, Buffalo,
New York 14207 for the private sale of 764 Kensington Avenue and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No.18
Permission to Negotiate
123 Maple, E 760' N Goodell
Lot Size: 10' x 100'
Assessed Valuation: $300
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Ruth Dean of 127 Maple Street, Buffalo, New York 14204 to
purchase the above referenced property.
Ms. Dean would like to purchase this 10' strip of City-owned property in
order to use for additional yard space and to fence in her yard.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Comptroller be received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Ruth Dean residing at 127 Maple Street, Buffalo, New York 14204 for the
private sale of 123 Maple Street and report to this Honorable Body the results
of such negotiations.
ADOPTED.
No.19
Results of Negotiations
by B.E D.C. - Sale of 290,
294, 296, 298 & 306
Broadway
Buffalo Enterprises Development Corporation has negotiated a sale
with Mr. Raymond A. and Kathleen Wellenc, 14 Carriage Hill East, Williamsville,
New York 14211 to purchase the above captioned City- owned properties. The
Wellenc's are purchasing these lots to construct a new facility to house their
printing and copying machine business.
Mr. Charles Rosenow has submitted a copy of his results of negotiations
and a copy of an appraisal report by Howard P. Schultz, MAI. Mr. Schultz has
estimated the fair market value of the subject properties to be Eleven Thousand
Five Hundred Dollars ($11,500). We have reviewed the aforementioned documents
and are in agreement with the terms of the sale and purchase price of the
properties.
I am, therefore, recommending that Your Honorable Body approve the sale
of 290, 294, 298, and 306 Broadway to Raymond A. and Kathleen Wellenc in the
amount of Eleven Thousand Five Hundred Dollars. ($11,500).
RECEIVED AND FILED.
No.20
Rescind Conditions - Sale
1512-1514 Jefferson, etc.
Item #84, C.C.P. 6/25/91
The above item has been sent to this office for a response. The
item is a communication from 1490 Enterprises, Inc. requesting that conditions
of sale placed on the transfer of the City owned property to them located at
1512-1514 Jefferson be rescinded.
Your Honorable Body authorized the transfer of title to the
aforementioned property pursuant to Item #161, C.C.P. 7/31/90 upon the
following conditions:
1. That 1490 Enterprises, Inc. submit a plan for the anticipated
construction project to the Common Council; and
2. That full funding for said project be committed prior to transfer of
title of these properties.
Item #161 also authorized the Mayor to execute a deed for the property.
The communication from 1490 Enterprises, Inc. further indicates one of
the reasons stated by H.U.D. for not funding their project is that they did not
have proper site control.
I have contacted the representatives from 1490 Enterprises, Inc. and I
will be meeting with them next Tuesday, July 9th to discuss the situation and a
possible resolution.
REFERRED TO THE COMMITTEE ON FINANCE.
No.21
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991 in the Department
of Audit and Control, Division of Accounting, Charles E. McSwain 401 Starin
Ave., Buffalo, N.Y. 14216 to the position of Associate Accountant, Temporary,
at the starting salary of $31,678.
No.22
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991, in the Department
of Comptroller, Audit and Control, Dale Zuchlewski 311 Roesch Ave.,
Buffalo, N.Y. 14207, to the position of Resources Development Technician,
Permanent, at the starting salary of $34,389.
FROM THE COMMISSIONER OF PUBLIC WORKS
No.23
EXTENSION OF CITY CONTRACT NO. 91604200 REHABILITATION OF GROVER CLEVELAND
WATER TOWER
In accordance with the terms of the contract between the City
of Buffalo and Patterson-Stevens, Inc. for work relating to the Rehabilitation
of the Grover Cleveland Water Tower, City Contract No. 91604200, this office
has received a request for an extension of time.
The original completion date was June 22, 1991. Extra time is required
to complete the extra work of removing 492 square feet of loose concrete, the
restoration of same, and the curing of the additional concrete. Approximately
five days of wind and rain have caused delay in painting the Tower which has
resulted in a delay beyond the contract completion date for this project.
I have granted an extension of time in the contract with Patterson
Stevens, Inc. to July 19, 1991.
RECEIVED AND FILED.
No.24
Report of Bids
Painting of Street Light Standards in the City of Buffalo
The following bids were received on Wednesday, June 26, 1991 for
the painting of street light standards in the City of Buffalo for fiscal
1990-1991.
BIDDERS
T & T contracting (low) $49,059.50
S-5839 Rosewood Terrace
Lakeview, New York 14085
Amherst Maintenance Inc. $55,404.00
4242 Ridge Lea Rd.
Amherst, New York 14226
Marine Steel Painting Corp. $51,956.00
20 Monarch Drive
Amherst, New York 14211
Atlas Painting & Sheeting $73,000.00
127 Skillen
Buffalo, New York 14207
I hereby certify that T & T Contracting is the lowest responsible bidder for
painting of street light standards for 1990-91.
The Engineering estimate for this work was $55,046. The above is certified to
be a true and correct statement of all bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his bid if an award is
not made by July 26, 1991. The low bid for this work is $49,059,50.
This communication is informative only; funds for this project are available in
the Division of Engineering O & M budget for the fiscal year 1990-91.
MR. FAHEY moved:
That the communication from Public Works, dated July 2, 1991, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award the contract to the lowest responsible bidder for the work of Painting of
Street Light Standards 1990-91 in the City of Buffalo to T & T Contracting for
$49,059.50 with the total costs thereof to be charged to the Division of
Engineering D & M budget for the fiscal year 1990-91.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA-10
NOES- BELL, PITTS, RUTECKI- 3.
No.25
CHANGE IN CONTRACT 91604200
REHABILITATION OF GROVER CLEVELAND TONER
CHANGE ORDER No. 2
I hereby submit to your Honorable Body the following change order
with Patterson-Stevens, Inc. for work relating to the Rehabilitation of the
Grover Cleveland Water Tower, City Contract No. 91604200.
NEW WORK ITEM NO. 23:
After sandblasting the outside structure of the Grover Cleveland Tower it was
determined that approximately 15 square feet of concrete had to be replaced
around the door, window frames and step risers. It was determined that
gunniting would not be appropriate for the type of repairs required in these
areas. A fast setting, high strength cementitious product was required to
repair the concrete ornate door and window frames. 15 squire feet - increase -
$1,500.00
INCREASE: $ 1,500.00
The above changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original Amount of Contract $164,508.00
Amount of Change Order No. 1 - Increase 17,674.15
Amount of Change Order No. 2 - Increase 1,500.00
CURRENT AMOUNT OF CONTRACT $183,682.15
Funds for this additional work are available in the Division of Water's
Operating and Maintenance Budget, 014-00-560 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated July
2, 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Patterson-Stevens, Inc. in the amount of $1,500.00 for
additional work under Contract No. 916-4200 for work relating to the
rehabilitation of the Grover Cleveland Water Tower with said cost to be charged
against Division of Water's Operating and Maintenance Budget, 014-00-560
Account.
PASSED.
AYES- 13 NOES-0.
No.26
CHANGE IN CONTRACT - CHANGE ORDER NO 4
FILTERED WATER CONDUIT REPLACEMENT AND
MODIFICATIONS - CITY CONTRACT #91546200
I hereby submit to your Honorable Body the following change order
with Firstrhyme Construction Corporation, Inc. for work relating to the
Filtered Water Conduit Replacement and Plant Modifications, Contract 15.
WORK ITEM NO. 10:
Additional excavation will exceed the original estimated quantities of
steel sheet piling, shoring, bracing, timbers, etc. necessary for trench
stabilization due to the additional bedrock profile along the conduit alignment
existing at greater depth then originally estimated. It is estimated that an
additional 1,500 cubic yards of actual excavation will be required.
INCREASE: $ 30,000.00
WORK ITEM NO. 12:
This item pertains to unit price for all labor, material and equipment
for 5,000 cubic yards of select fill in lieu of excavated material in conduit
or pipe trenches as ordered by the Engineer. Actual quantities to be used for
this item are estimated to be approximately 1,000 cubic yards. Decrease, 4,000
cubic yards.
DECREASE: $ 64,000.00
WORK ITEM NO. 15:
It is estimated that an additional 1,500 cubic yards of #2 select fill
will be required due to the additional bedrock profile along the conduit
alignment existing at a greater depth than originally estimated.
INCREASE: $ 34,000.00
Costs have been reviewed by the Department of Public Works and R & D
Engineering and Land Surveying, P.C., and found to be fair and equitable.
SUMMARY:
Original Amount of Contract $4,746,925.00
Amount of Change Order No.1 -Increase 150,982.00
Amount of Change Order No.2 -Increase 44,404.00
Amount of Change Order No.3 -Increase 46,442.79
Amount of Change Order No.4 -No Change- 0-
CURRENT AMOUNT OF CONTRACT $4,988,753.79
There is no dollar amount change for this change order.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated July
1, 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Firstrhyme Construction Corporation, Inc. for
additional work under Contract No. 91546200 for work relating to Filtered Water
Conduit Replacement and Modifications. There is no dollar amount change for
this change order.
PASSED.
AYES-13 NOES-0.
No.27
Assessment for Sidewalk Installation
at 65 Durham Avenue
In June of 1990, this department installed new sidewalks on Durham
Avenue between East Delavan and Sussex Avenue in response to a request from the
area block club.
Prior to the start of Construction,
, notices were mailed in the usual manner to certain
property owners on the street who were required to pay for all or a portion of their installation work because of the
nature of the concrete damage.
The property at 65 Durham was one of those that was notified and the
owner at the time of notification was listed as Andrew and Beth Ann Streicher.
During the period between notification and construction ,the ownership changed
and the subsequent assessment went to the new owner, James Morrell in the
amount of $304.04. This was indeed a surprise to Mr. Morrell because he was
not aware of the impending sidewalk notice that resulted in the charge.
Even though this department acted responsibly in this regard, we are
bringing the matter to the attention of Your Honorable Body for consideration
of an abatement or adjustment of the charges because Mr. Morrell was not given
the opportunity to deal with the matter himself prior to our action.
REFERRED TO THE COMMITTEE ON FINANCE
No.28
Fibernet requests permission to enter
"conduit occupancy Agreement" with
City of Buffalo
Mr. Don Walter of Fibernet, a long distance telephone company
based in Rochester, New York, has requested permission to enter into a conduit
occupancy agreement with the City of Buffalo. Fibernet proposes to construct
and operate a fiber optic telecommunications system in the downtown area. This
telecommunications system will consist of two interconnected fiber optic rings
that will provide transport services directly between businesses in the
downtown area and long distance telephone carriers of choice. This fiber optic
system will consist of fiber optic cables installed in existing Niagara Mohawk
Power Company and Western Union conduits as well as conduits constructed by
Fibernet.
The Department of Public Works has no objection to the construction of
this fiber optic system provided Fibernet agrees to the conditions set forth in
the Conduit Occupancy Agreement (C.C.P. #127 of January 24, 1989) prepared by
the Corporation Counsel.
REFERRED TO THE COMMITTEE ON FINANCE.
No.29
Solicitation of Funds application YWCA of Buffalo and Erie County
Attached is an application for Solicitation of Funds for the RCA
of Buffalo and Erie County to solicit funds in the Buffalo area from July IS 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 July
2, 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 requirement of Chapter 316, Article VI of
the Buffalo Code for soliciting funds from July 15, 1991 to August 15, 1991.
PASSED
AYES- 13 NOES-0
No.30
Bijou Grille requests permission to install
permanent sidewalk cafe
(C.C.P. #75 of June 25 1991)
Mr. Alan Dewart, acting as agent for the Bijou Grille located
at 643 Main Street, has requested permission to install a permanent addition to
the existing restaurant which would encroach city right of way at said
location.
The proposed addition would measure sixty-one feet, six inches in length
and project eleven feet from the building face into city right of way.
The addition would be designed so that although permanent in nature, it
would be totally detachable and able to be removed from city right of way
should the Commissioner of Public Works revoke the restaurants "Mere License"
for any reason.
The Department of Public Works has reviewed Mr. Dewarts application
pursuant to Chapter 4l3-67 (encroachment regulations) of the City Ordinances
and has no objection to Your Honorable Body authorizing The Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the addition is installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the addition does not exceed sixty two feet in length or project
more than eleven feet from the building face into city right of way.
4. That the applicant be responsible for relocation of any ground utilities
effected by installation of said addition.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the city, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
6. That, because the additions will remain within city right of way the
entire year as opposed to a seasonal cafe, the applicant be assessed an annual
fee of five dollars ($5.00) per square foot of city right of way occupied by
the encroachment as described in Chapter 413-67 (G) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Ten Thousand Dollar
($10,000) 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 addition to restaurant.
RECEIVED AND FILED.
No.31
1478-84 Hertel Avenue requests permission
to install awning
Mr. Thomas Finnegan, owner of the property located at l478-84
Hertel Avenue, has requested permission to install an awning which would
encroach city right of way at said address.
The proposed awning would be located at the Northeast corner of the
building which is occupied by the Kool & Kozy Beach Hut and measure sixty five
(65) feet in length on Hertel Avenue and thirty (30) feet in length on Sterling
Avenue. The awning would project three (3) feet from the building face into
city right of way.
The Department of Public Works has reviewed Mr. Finnegan's application
pursuant to Chapter 413-56 (awnings, canopies, and marquees) of the City
Ordinance and has no objection to your Honorable Body authorizing the
Commissioner of Public
Works to issue a "Mere License" for said installation provided that following
conditions are met:.
1. That the applicant obtain any an all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to an
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
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 awning.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 32
81 Abbott Road requests permission to install awning
Mr. Brian Coseglia, acting as agent for O'Neils, a bar and restaurant
located at 81 Abbott Road has requested permission to install an awning which
would encroach City right of way at said address.
The proposed awning would measure thirty-eight (38) feet in length on
Abbott Road, twenty (20) feet in length on Alamo Place and project four (4)
feet from the building face into City right of way.
The Department of Public Works has reviewed Mr. Coseglia's request
pursuant to Chapter 413-56 (awnings, canopies, and marquees) of the City
ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issued a "Mere License" to O'Niels provided the
following conditions are met.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with five thousand
dollar construction in street bond which will indemnify save harmless the City
of Buffalo against any and all losses and damage arising out of the
construction, maintenance use and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 33
124 Elmwood Avenue "Adventure club"
On June 14, 1991, an on site inspection was conducted at 124 Elmwood
Avenue by the License Division in which they found the Adventure Club was
opened but unattended. The main room contained musical equipment and a
microphone set up for a live band.
On June 24, 1991, the Adventure Club was advised in writing to cease and
desist any activities or use at 124 Elmwood Avenue because they do not have a
restaurant, music and/or restaurant/dance license. The reason they have not
been issued their licenses to date is that they have been disapproved by the
Plumbing and New Construction inspectors and an approval by the Health
Department is still pending.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 34
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991, in the Department
of Public Works, Division of Water Karen Fiegel 543 McKinley Parkway,
Buffalo, N.Y. 14220, to the position of Senior Rate Clerk, Provisional at the
starting salary of $21,287.
No.35
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991 in the Department
of Public Works, Division of Water, Robert P. Finley 106 Rebecca Park Buffalo,
N.Y. 14207, to the position of Chief Pumping Plant Engineer, Provisional at
the: starting salary of: $ 29,674
FROM THE COMMISSIONER OF PARKS
No. 36
CONCESSIONAIRE LICENSE AGREEMENT
4 C'S SAILING CENTER, INC.
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 (1,) 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.
MR. FAHEY moved:
That the communication from the Acting Commissioner of Parks, dated July
2, 1991, be received and filed; and
That the Mayor be, and he hereby is, authorized to execute a lease for
City-owned property located at Bennett Beach with the 4 C's Sailing Center for
one season, May 1, 1991 through September 30, 1991 and under the terms and
conditions as contained in the Acting Parks Commissioner's correspondence dated
June 19, 1991.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS-11
NOES- COPPOLA, RUTECKI-2.
FROM THE COMMISSIONER OF POLICE
No.37
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. #104 of February 2, 1988, attached hereto please find
copies of the following listed checks:
#8155-00087888 - $904.00 #8155-00087908- $3,272.00
#8155-00087889 - $936.00 #8155-00087924- $1,800.00
#8155-00087891 - $2,970.00 #8155-00087926 - $7,709.00
#8155-00087892 - $12,718.00 #8155-00087928- $710.00
#8155-00087899 - $5,700.00 #8155-00087987- $1,227.00
#8155-00087902 - $3,974.00 #8155-00087873- $912.00
#8155-00087904 - $5,525.00 #8155-00087876- $2,025.00
#8155-00087905 - $3,659.00 #8155-00087878- $1,715.00
#8155-00087906 - $2,287.00 #8155-00087880-$15,552.00
#8155-00087907 - $2,380.00 #8155-00087885- $1,275.00
TOTAL $77,250.00
These checks were received by this department and duly deposited in Trust
& Agency Account #630-065-271-00-000.
RECEIVED AND FILED.
No.38
Permission To Accept Computer Processor Outside City Premises
Permission To Sign TIBURON/PSW3 Contract
(2nd request due to increase in project cost)
Item No. 135, C.C.P.
, April 2, 1991
Item No. 56, C.C.P., March 19, 1991
With regard to the above references, we are respectfully requesting
the Council's permission to accept delivery (for payment purposes) on one
Computer-Aided Dispatch Processor, a sufficient number of terminals, printer
and other related equipment in order for our Computer-Aided Dispatch Vendor
(TIBURON/PSW3) to perform software modifications at their development site
located in Austin, Texas.
Tiburon/PSW3 will pay for a City Auditor to travel to Austin to inspect and
audit the equipment purchased. Sufficient protection has been written into the
Computer-Aided Dispatch contract by our Corporation Counsel's Office protecting
the City's interests.
After further negotiations, the cost of the CAD Project is approximately
$723,048.76. This increase is attributed to the upgrading of software and the
addition of hardware that will ultimately cost the City less when we enter
PHASE II (Records Management) of this project. This project shall be paid for
by the proceeds of the bond sale ($600,000 capital projects which was
previously approved, refer to Item No. 187, C.C.P.
, October 31, 1989) and the balance will be
paid using drug asset forfeiture funds (Trust and Agency Account) as per permission from U.S. Attorney Dennis Vacco.
With your permission, we will be signing this contract and requesting the
Comptroller to sell the bonds designated for the funding of this project.
We are requesting your permission again because of the increase in cost since
the April 2, 1991 meeting (refer to Item 135, C.C.P.) and in addition, for
permission to accept the computer processor outside the City's limits.
MR. FAHEY moved:
That the communication from the Commissioner of Police dated July 3, 1991
be received and filed; and
That the Commissioner of Police be and he hereby Is authorized to accept
delivery of one computer-aided dispatch processor, terminals, printer and
related equipment in Austin, Texas and that he be further authorized to enter
into a contract with Tiburon/PSW3 In the amount of $723,048.76 and that
$600,000 of said cost to be charged against Bond Fund 200-101-032 with the
balance to be paid using drug asset forfeiture funds.
PASSED.
AYES-13 NOES-0.
No.39
R. Gibson - Concern about Rape Investigation
Item #85, C.C.P. 6/25/91
In response to the letter to the Common Council from a Rosa Gibson,
President of the Community Action Information Center, the Buffalo Police
Department conducted this investigation in the same manner that we conduct all
rape investigations.
The investigation was conducted by our Sex Offense Squad over a long
period of time and was done in a very comprehensive manner. We also had input
and help from the State Police and the Federal Bureau of Investigation and the
District Attorney. The remarks made by Ms. Rosa Gibson are without foundation
in as much as everything possible has been done in an effort to apprehend this
rapist.
As of last Friday, June 28, 1991, we formed a new Task Force in a further
effort to apprehend this criminal. The Task Force has personnel from the
Buffalo Police Department, the State Police, the District Attorney, the
Sheriff's Department and the F.B.I. Everything possible is being done in an
effort to apprehend this person.
Again, Ms. Gibson's remarks are totally out of place.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.40
W. Hoyt - Oppose restaurant/entertainment
licenses - 124 Elmwood
Item #86 C.C.P. 6/25/91
In response to the above item, this location is being investigated
by our Department and by the City License Divisions. We also have an inquiry
from Councilman PerIa concerning this location. The results of the
investigation will be forwarded to the Council when they are completed.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No.41
Assembly bill A-8478-A,
Retirement Incentive
You have asked this Department to answer the following questions
with respect to the referenced legislation:
l. Does the Bill apply to non-teaching Board of Education employees?
Yes, provided such non-teaching employees are members of a teacher's
retirement system.
2. Would the Board of Education or Common Council be the proper body to
adopt this legislation with respect to Board employees?
The proper body would be the Board of Education defined as school
employer under the Act.
3. May the Common Council choose whether the retirement program is to be
targeted or untargeted?
No. Section 3 of the Act explicitly grants sole authority for such choice
to the chief executive officer or other comparable official.
4. How long after the City elects to provide the retirement incentive to
the employees would the Mayor have to specify whether the program would be
targeted or untargeted?
The Mayor has seven (7) days after the City has adopted the referenced
legislation to choose a targeted or open plan.
RECEIVED AND FILED.
No.42
H. Trautman - Encroachment
863 Bailey Avenue
Item No. 94, C.C.P, 6/25/91
With regard to the above item please be advised that the encroachment
onto Dingens Street has existed for the past eighty years as stated by the
owner's attorney. It is not therefore a petition to erect a structure which
would encroach onto a City right-of-way.
Provided that Public Works approves the abandonment of the occupied
portion of the Dingens Street right-of-way and provided further that the
Comptroller either concurs with the owner's attorney that the subject portion
has no discernable market value; or, alternatively, successfully negotiates a
mutually acceptable sales price with the owner this Department recommends
abandonment of the subject portion of the right-of-way for the following
reasons: first, to eliminate exposure to the City from liability claims because
a private structure stands on City owned property; and second, because the
alternative would be to require demolition which given the history of this
matter would be inequitable.
RECEIVED AND FILED.
No.43
Barbara Stone - Cancel Demolition Costs 46 St. Clair
Item No. 93, C.C.P., 6/25/91
This Department is sympathetic to the financial hardship claimed
by Mrs. Stone, however, we are constrained to opine that the New York State
Constitution precludes cancellation of the demolition lien, because it would
constitute a gift of public funds.
REFERRED TO THE COMMITTEE ON FINANCE.
No.44
1490 Enterprises, Inc.
Pursuant to Item 16, C.C.P., July 31, 1990, Your Honorable Body
authorized the Comptroller to convey title to 1512-1514 and 1522 Jefferson
Avenue to 1490 Enterprises, Inc. upon conditions. If it is now your desire to
convey said property without requiring 1490 Enterprises to fulfill those
conditions, it is your prerogative and within your authority to waive those
conditions.
REFERRED TO THE COMMITTEE ON FINANCE.
No.45
Community Wide Urban Renewal Homestead Program - 102 and 110 Mulberry Street
Fruitbelt/0ld First Ward Housing Trust Fund Project Approval of Utility
Easement
Item No.57, C.C.P., 6/25/91
This office has examined the referenced item and unless a satisfactory
explanation of same has been received by this Department from Niagara Mohawk
before the Common Council meeting of July 9, 1991 we suggest that you not
approve this item.
RECEIVED AND FILED.
No.46
GRANT-IN-AID CONTRACT
Transmitted herewith for' your review and approval is the revised
proposed Grant-In-Aid Contract to be used for this fiscal year for
grants-In-aid to community organizations.
RECEIVED AND FILED.
No.47
M. Eckhert - Complaints
165 Summer Street
Item No. 80, C.C.P., 6/25/91
Please be advised that pending the appeal, this Department has
been working closely with the Department of Inspections and Community
Revitalization in an attempt to effectuate a compromise which will insure
compliance with all applicable provisions of the law with respect to the
referenced property and issuance of a Certificate of Occupancy. While we cannot
agree to the offer of Dr. and Mrs. Eckhert to participate in the negotiations,
we would nevertheless be glad to discuss the Estate's concerns with them at any
convenient time.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No.48
Board of Elections, Petition Ruling, Board of Elections
Item No. 82, C.C.P., 6/25/91
You have requested this office to address the referenced communication
from the Board of Elections Commissioners Mahoney and Smolinski stating they
will accept designating petitions from either the old or the new district
council boundaries.
Please be advised that the Law Department concurs with the Board of
Elections for the following reasons:
A) Local Law Introductory No. 12 (1991) has not become effective yet because
the forty-five day period within which petitions requesting a permissive
referendum challenging such Local Law has not yet expired.
B) Litigation has already been commenced challenging the new district
council boundaries and if successful could possibly restore the old boundaries
for the 1991 Elections.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No.49
T. Trap - Application to establish a take-out restaurant at
2892 Bailey Avenue.
Item No. 97, C.C.P., June 25, 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 July 2, 1991 be received and filed; and
That Item No. 97, C.C.P., June 25, 1991 "T. Tran Application to establish
a take-out restaurant at 2892 Bailey Avenue" is an unlisted action as defined
in 6 NYCRR Part 617.2. The Common Council has approval power over this item,
and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II); 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.50
C. Cheng - Request to convert retail store to take-out restaurant.
510 Elmwood
Item No. 99, C.C.P., June 25, 1991.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No.51
SHORT ENVIRONMENTAL ASSESSMENT FORM
BAILEY-DELAVAN COMMUNITY
SERVICE CENTER
Attached for your information is a Short Environmental Assessment
Form for the Bailey/Delavan Community Service Center with the proposed location
at the existing Polk Furniture Building, 2038-2050 Genesee Street, Buffalo, New
York.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That the "Bailey/Delavan Community Service Center" is an unlisted action
as defined in 6 NYCRR Part 617.2. The Common Council has approval power over
this item, and is therefore an involved agency as defined in 617.2. As part of
an uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II); 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 resuIt in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No.52
SHORT ENVIRONMENTAL ASSESSMENT FORM
BRODERICK PARK IMPROVEMENTS
Attached for your information is a Short Environmental Assessment
Form for Broderick Park Improvements, located at the foot of Ferry Street on
the south end of Squaw Island.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That "Broderick Park Improvements" 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.53
King Cultural Center -Extend Scope/Time of Contract
On June 1, 1990 your Honorable Body authorized the Department
of Community Development to enter into contract with Allstate-Maintenance for a
sum not -to exceed $887,000.00. The item also gave the Department the
authority to extend the contract to include various alternates based upon
availability of funds.
At this time we are requesting permission to complete alternates #1 and
#3 if funds will be available in a-$200,000.00 1991-92 EQBA Grant and
$200,000.00 in the 1991-92 Bond Funds. The cumulative total for alternates #1
and #3 totals $367, 902. 00.
Additionally we are requesting that the contract be extended an
additional thirteen (13) weeks so that this work and the original work can be
completed by December 15, 1991.
The original contracted work suffered long delays due to the selection of stone
by S. H. P. O. ; work revisions to the steeple, flashing and decking areas and
delays in encumbrance of the contract due to the states fiscal problems.
Funding would come from Bond Fund account 200-717-045 and an additional
$200,000.00 will be available through a grant from the States Environmental
Quality Bond Act (EQBA).
The actual awarding of the contract is contingent upon execution of an
amendment to the cooperation agreement between Sacred Sites and the Department
of Community Development amended EQBA Grant Agreement and availability of
State and City funds set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated June 25, 1991 be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to award to Allstate Maintenance, Alternates # 1 and #3 under a
previously awarded and executed contract for improvements to the King Cultural
Center. The costs of such alternates totals $367,902.00 to be charged against
Bond Fund 200-717-045 and a 1991-92 EQBA Grant.
PASSED.
AYES-13 NOES-0.
No.54
Permission to hire Architectural
Engineering Consultant
Bailey-Delavan Community Service Center
Permission is requested from Your Honorable Body to advertise
for and hire an architectural-engineering firm to prepare design
plans/specifications and provide construction administration services for the
proposed Bailey-Delavan Community Service Center.
The intended site for this project is the present Polk Furniture Building
located at 2038-2050 Genesee St., Buffalo, New York. Funds for this project
will be available in a Community Development Capital Project Account.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated July 3, 1991 be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to engage a consultant/architectural engineer to prepare reports,
plans and specifications, construction administration services and to advertise
for bids for the Bailey-Delavan Community Service Center, with said cost to be
charged to a Community Development Capital Project Account.
PASSED.
AYES-13 NOES-0.
No.55
Transfer of funds for Schiller Park
Senior Citizens Center
Expansion to the City of Buffalo
Urban Renewal Agency
We are requesting permission from Your Honorable Body to transfer
$340,000.00 from Bond Fund 200-717-059 and 066 to the City of Buffalo Urban
Renewal Agency. The Bond Resolution authorized the issuance of $340,000.00 to
finance the cost for the construction of the new addition.
The Buffalo Urban Renewal Agency provided the bulk of the funds for the
construction of the addition. B.U.R.A. has recently approved the expenditure
of $575,000.00 for the General Contract.
The Bond Fund Account presently contains $340,000.00 to cover the cost
for this construction which will enable us to encumber the Plumbing $55,468.;
H.V.A.C. $133,400; and Electrical $77,900. contracts.
B.U.R.A. and the Division of Audit will draw up the necessary agreements
and transfer the funds upon your approval.
MR. FAHEY moved:
That the communication from Community Development be received and filed;
and
That the B.U.R.A. and the Division of Audit be, and they hereby are
authorized to transfer the bond account for the Schiller Park Senior Citizens
Center from Bond Fund 200-71 7-059 and 066 for $340,000.00 to the City of
Buffalo Urban Renewal Agency.
PASSED.
AYES-13 NOES-0.
No.56
Contract of Sale -
North Coast Holding Company
Attached hereto please find the Contract of Sale by the City of
Buffalo for the Ellicott-Clinton Surface Parking lot to North Coast Holding
Company for the sum of $2 million. This contract has been prepared by the Law
Department. The price has been supported by two independent appraisers.
Your approval of this Contract, subject to final approval by the Law
Department, is respectfully requested.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT, THE COMPTROLLER AND THE
CORPORATION COUNSEL.
No.57
LDA-WJA,Inc.
New Buffalo Industrial Park East Side of James E. Casey Drive
The City of Buffalo Urban Renewal Agency duly designated WJA,
Inc., and/or joint venture, partnership, corporation or other legal entity to
be formed as the qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable Body
is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.58
LDA-Maple Leafe Foods
Thruway Industrial Park
Phase II N/E/C Monsignor Valente Dr. & William
The City of Buffalo Urban Renewal Agency duly designated Maple
Leaf Foods and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have taken the liberty to
prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No.59
LDA - Niagara Tying Serv.
New Buffalo Industrial Park
Albert & Antoinette Boratto
The City of Buffalo Urban Renewal Agency duly designated Niagara
Tying Service, Inc., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No.60
Lifting of Trash Pick-Up Moratorium
ITEM #150, 154 & 172 C.C.P. June 25, 1991
The Mayor has lifted the moratorium effective July 8, 1991 and
we have picked up all the trash now on the streets with the help of other
departments. In the future if the need arises all the other departments will
again help clean up the problem.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No.61
LDA FLARE New Housing
Community Wide Urban Renewal Homestead Program
FLARE New Housing Program
Belmont Shelter Corp., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Belmont
Shelter Corp., and/or a joint Venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the 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:
I. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No.62
Memorandum of Agreement: Local 650
Attached please find a Memorandum of Agreement between the city
of Buffalo and Local 650 which provides an employee with single medical
insurance coverage the opportunity to waive such coverage, provided the
employee has medical insurance coverage elsewhere, and receive a medical
in-lieu payment. Such waiver of coverage would result in a cost savings to the
City.
Your approval is respectfully requested.
MR. FAHEY moved:
That the communication from the Commissioner of Administration and
Finance dated July 3, 1991 be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and Local
050 concerning waiver of medical insurance coverage be approved and ratified.
PASSED.
AYES-13 NOES-0.
No.63
Potential Funding Sources to Restore $75,000 to
Convention Center
This office has been requested to identify potential funding sources
that could be used to restore $75,000 of the $150,000 cut Your Honorable Body
made to the Mayor's recommended amount for the convention Center's 1991-92
budget.
Accordingly I am providing the following suggestions:
ACCOUNT #. & NAME AMOUNT REASON
01-0-001-572
Common Council
Legal Services $25,000 No need for funds here because even when
the Council hires its own outside attorney it charges the expense to the Law
Department budget, not to this account.
01-0-001-449
Common Council
Miscellaneous $11,477 The Council overrode the Mayor's veto of
this item. The only explanation given for its addition is that it was the
Council's balancer. Apparently there is no specific intended use for this
account.
01-0-002 thru
01-0-013-301
Each Councilmembers
Auto Allowance $21,924 This would delete the $1,827 auto
allowance for each Councilmember as it was deleted from departmental budgets
for all exempts and many union employees. However, it would still leave
each Councilmember $2,550 and the Council President $6,500 for out of town
travel which was deleted from most departments budgets.
02-0-001-580
Council President
Non-Professional
Personal Services $16,599 This $16,599 would come from a
$130,000 appropriation which is mostly undesignated for any particular
purpose. Only $35,615 was spent in this account in 1989-90 and $93,500 has
been encumbered in 1990-91 which is $36,500 less than the 1991-92
adopted appropriation.
TOTAL $75,000
There are other accounts that could be used to restore funding to the
Convention Center such as the $10,000 in the council's Building Repairs and
Alterations account or the $105,000 in the Council's Non-Professional Personal
Services account, the use of which is not completely designated.
If Your Honorable Body agrees to the use of any of these funding sources
please advise this office and a certificate of necessity for a transfer of
funds will be prepared for the Mayor's and Comptroller's approval.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No.64
Status of Records Damaged in Fire
In response to your inquiry of June 3, 1991, please be advised
that the loss of City of Buffalo records in the fire at 703 Main Street was
minimal. The only information lost was that which was still in use for the
Fiscal Years 1990 and 1991, and only that information which was on the desktops
was affected.
This includes the reimbursements and the backup pertaining to it, by the
Buffalo and Erie County Private Industry Council to the City of Buffalo. The
costs for payroll, fringe benefits, travel and Centrex telephone cost are
reimbursed to the City. This information is a duplicate with the original
stored or recorded by the City of Buffalo or the Buffalo and Erie County
Private Industry Council
In addition, there were copies of the final year to date payroll
registers for the City side Summer Youth program. These were used for the
purpose of employment verification after the program was closed for the year.
The original of these records should be in City Hall, stored with the Police
Athletic League.
If I can be of any more assistance to you, please feel free to contact
me.
RECEIVED AND FlLED.
FROM THE COMMISSIONER OF GENERAL SERVICES
No.65
Waiver of Performance Bond
Lads Pet Supplies
for Contract - Dog Food for K-9 Corps
Formal bids were opened on June 14, 1991 for the above contract
after being advertised in the Buffalo News and several smaller publications.
Lads Pet Supplies, 1391 Wisconsin road, Derby New York, was the only bidder,
and is currently a supplier of dog food to the Police Department.
Since Mr. W. H. Smith, the owner, is unable to obtain a performance bond, ! am
requesting permission to waive this requirement, as per C.C.P. # 183, dated
December 8, 1987. The amount bid was $15,215.55 for fiscal year 1991 - 92.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No.66
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991 in the Department
of Civil Service , Emilio Fuentes 724 Seventh St., Buffalo, N.Y. 14213, to the
position of Affirmative Action Specialist, permanent, at the starting salary of
$25,530.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No.67
Approval of Memoranda of Agreements between Local 264 (White, Blue, Managerial)
and BMHA and salary schedules and Auto Allowances, non-represented, Exempt BMHA
employees.
We respectfully request that your Honorable Body consider and
approve the attached Memoranda of Agreements between the Buffalo Municipal
Housing Authority and Local 264 - AFSCME - AFL-CIO representing Blue Collar,
White Collar and Managerial employees, and amended salary schedules and
Automobile Allowances for exempt and non-represented employees of the Buffalo
Municipal Housing Authority.
The Memoranda of Agreements amend the existing contracts between the parties
and provide successor Agreements for the period July l, 1990 through June 30,
1992. Acceptance of the Contracts was reached after a prolonged period of
negotiations and impasse' proceeding. The final document incorporates agreed
to items and the recommendations and findings of the Factfinder, accepted in
full by the Union and the Authority. The salary schedule for non-represented
employees likewise follows this time frame. The one additional item for
non-union workers, auto allowances, is the same amount as agreed to with the
union employees.
This amendment reflects for union employees a 5% (five-percent) increase in
base salary for July l, 1990 and 5% (five-percent) increase in base salary for
1991. There are no upgradings. For non-represented and exempt employees, the
proposed increase is identical.
The Board of Commissioners of the Authority approved the Factfinders Report in
total and the attached contracts with the three Unions including the salary
schedules and the salaries and mileage allowances for exempt and
non-represented employees at their regular Board Meeting of June 26, 1991. A
Certified Extract of the minutes of this Board Meeting are attached.
In addition to the wage adjustments listed above, the following is a brief
outline of the highlights of these contracts, presently before you for your
consideration:
l. Automobile- Use of private automobile on Authority business; increase of
$3.00 per day
2. Dental- Increase in premiums to GAMAT - $3.55 per month
3.Dental- Delay Dental coverage one full year for new hirees
4. Medical- Adopt Blue Cross only, eliminate Blue Shield
5. $275- Uniforms, Safety Shoes, Tool allowances for Blue Collar workers.
6. Workers's Compensation- All three contracts now stipulate that there will be
no pay differentials in worker's compensation cases
If these Labor Contracts including the Wage Schedule and the Salary and Auto
Allowances for Non-Represented employees are approved by your Honorable Body,
and the Mayor, they then must be submitted to the U.S. Department of Housing
and Urban Development and the New York State Division of Housing and Community
Renewal for their consideration and concurrence. The Federal Program, which is
nearly 85% of our operation is not in deficit. The Authority has ample funds
to support these raises.
As in past Common Council approvals of BMHA labor contracts, the New York State
Division of Housing and Community Renewal requires that your approval of these
items include a specific acknowledgment that the operational costs of the
Authority in its State sponsored Public Housing Program may be increased, and
if, in fact, this increase does occur, it would likewise increase the operating
deficit in the Authority's State sponsored operation.
The City of Buffalo under the loan and subsidy contract which the Authority has
with the State and City, must fund this deficit as it has traditionally and
legally done, and any increase in it, if it should occur.
It is anticipated that the dollar cost of these increases for some 370 Buffalo
Municipal Housing Authority employees would total approximately $775,000
-$800,000, for two years. The share of this cost to the City will total
approximately $65,000 per year.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.68
BMHA Security Police Study
Re solution #206, C.C.P. 05/14/91
The Buffalo Municipal Housing Authority will file a copy of the
International Chiefs of Police Review and Recommendations for the BMHA Security
Department, as well as future plans for the Security Department, as soon as a
final draft of the report has been received by the BMHA and the new BMHA Chief
of Security (to be appointed this summer) has had a chance to review the
document and consider the planning recommendations
REFERRED TO THE COMMITTEE ON LEGISLATlON.
FROM THE CITY CLERK
No.69
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991 in the Department
of City Clerk, Gerald A. Chwalinski 15 Duluth Avenue, Buffalo, N.Y. 14216, to
the position of Senior Council Clerk, Permanent, at the starting salary of
$31,038.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.70
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 2, 1991 in the Department
of City Clerk, Carol Nowak 422 Dingens St., Buffalo, N.Y. 14206 to the position
of Senior Council Clerk, Permanent, at the starting salary of $31,038.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.71
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991, in the Department
of City Clerk, Thomas M. Fitzpatrick 818 McKinley Parkway, Buffalo, N.Y. 14220,
to the position of Chief Clerk, Permanent, at the starting salary of $42,498.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No.72
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Human Resources- S. Sam, G. Fronczak, Barbara Carson
RECEIVED AND FILED.
No.73
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
2050 Elmwood Ave Buffalo Sports Garden, Inc. N. LaBruzzo
RECEIVED AND FILED.
No.74
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in various departments as listed:
Police- R. McGregor
Fire- T. Meldrum
Community Development- E. Allen
Inspections and Community Revitalization- J. Edwards, J. Comerford
RECEIVED AND FILED.
No.75
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
Civil Service Commission (3)
Home Improvement Advisory Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No.76
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 July 1, 1991 in the Department of City Clerk to
the position of Intern III, seasonal at the starting salary of $5.00/hr.
Bridget Mcintee , 81 Linden Ave. Buffalo, 14214
Hilary A. Lochte 25 Burbank Buffalo, 14214
Appointment to become effective June 22, 1991, in the Department of City Clerk,
Robert A. Floyd, Jr. 222 Loring Ave., Buffalo, N.Y. 14214 to the position of
Intern IV, Seasonal, at the starting salary of $6.00/hr.
Appointment to become effective June 24, 1991, in the Department of City
Clerk, Sonia Burgin 17 Manhattan Ave., Buffalo 14215 to the position of Intern
IV, seasonal, at the starting salary of $6.00/hr.
Appointment to become effective June 28, 1991 in the Department of City Clerk,
Teresa Smith 269 Roslyn St., Buffalo, 14215, to the position of Intern IV,
seasonal, at the starting salary of $6.00/hr.
Appointment to become effective July 1, 1991, in the Department of City Clerk,
to the position of Intern IV, seasonal at the starting salary of $6.00/hr.
[Robert A. Floyd Jr. 222 Loring Ave., Buffalo, 14214
[Eddie Negron 235 Hudson Buffalo, 14201
[Claude D. Hill 11 Winslow St., Buffalo, 14208
[Romona Draffin 133 Park St., Buffalo, 14201
Appointment to become effective July 2, 1991, Linda L. Lewis, 45 Albert Ave.,
Buffalo, 14207, to the position of Intern IV, seasonal, at the starting salary
of $6.00/hr.
No.77
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.
Charles L. Michaux, III
City Clerk
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment to become effective July 1, 1991, in the Department
of Stadium and Auditorium, Division of Pilot Field, Christian H. Murdock 24
Beyer Pl., Buffalo, N.Y. 14210, to the position of Laborer I, seasonal at the
starting salary of $5.98/hr.
FROM THE DEPARTMENT OF AUDIT AND CONTROL
Appointment to become effective July 3, 1991, in the Department
of Audit and Control, Division of Real Estate, Stephen Harvey 1069 Ellicott
St., Buffalo, N.Y. 14209, to the position of Laborer I, seasonal, at the
starting salary of $5.98/hr.
Appointment to become effective July 3, 1991, in the Department of Audit and
Control, Division of Real Estate, Perry Scinta 108 Dorchester Rd., Buffalo,
N.Y. 14213, to the position of Laborer I, seasonal, at the starting salary of
$5.98/hr.
Appointment to become effective July 1, 1991 in the Department of Audit and
Control, Division of Real Estate Joseph Montana, Jr. 104 Niagara Falls Blvd.,
Buffalo, N.Y. 14216, to the position of Laborer II, seasonal, at the starting
salary of $6.65/hr.
Appointment to become effective July 1, 1991, in the Department of Audit and
Control, Pamela Meyer 375 Richmond Ave, Buffalo, 14222, to the position of
Executive Staff Manager, Exempt, at the starting salary of $33,000.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective June 27, 1991, in the Department
of Assessment Leroy Moses 67 Beiter Walk, Buffalo, 14215, to the position of
Clerk, Non-Competitive, at the starting salary of $5.00/hr.
Appointment to become effective June 28, 1991, in the Department of Assessment
to the position of Clerk, Non-Competitive, at the starting salary of $5.00/hr.
Juanita Adams 651 Elm St. Buffalo NY 14213
Donna M. Pastorek 117 Massachusetts Ave., Buffalo NY 14213
Patricia Scarpello 104 Harding Rd., Buffalo NY 14220
Appointment to become effective July 1, 1991 in the Department of Assessment to
the position of Clerk, Non-Competitive, at the starting salary of $5.00/hr
Florence R. Alessi 791 Busti Ave., Buffalo NY 14213
Jessica L. Dye 145 Park St., Buffalo NY 14201
FROM THE DEPARTMENT OF PARKS
Appointment to become effective July 3, 1991, in the Department
of Parks, Vincent Reilly 161 Kimberly Ave., Buffalo, 14220 to the position of
Fee Collector, Seasonal, at the starting salary of $4.75/hr.
Appointment to become effective July 3, 1991, in the Department of Parks,
Division of Recreation to the position of Lifeguard, seasonal, at the starting
salary of $5.00/hr.
Steven Alvarez 518 South Legion, Bflo., NY 14220
Robert J. Auer 49 Belmont St., Bflo., NY 14207
Regina Barrett 65 Riverview PI., Bflo., NY 14210
Amy Bohen 156 McKinley Pkwy., Bflo.
, NY 14220
Joseph C. Cerroni 231 Cumberland Ave., Bflo., NY 14220
Debbie DiMartino 376 Colvin, Bflo.
, NY 14216
Sean D. Eagen 140 Pries Ave., Bflo., NY 14220
Michael Erdt 202 Wilson St. Bflo., NY 14212
Nicole Evans 163 Dearburn Bflo., Ny 14207
Bridget Finn 355 Voorhees Bflo., NY 14216
Michael A. Fitzpatrick 324 Downing Bflo., NY 14220
Mark Flanagan 43 Hammerschmidt Bflo., NY 14210
Ellen Frost 59 Mckinley Bflo., NY 14220
John Granville 7 Marine Drive Bflo., NY 14202
Mary Carol Granville 594 Grant St. Bflo., Ny 14213
Matthew P. Hallanan 147 University Ave. Bflo., Ny 14214
Roger Harrington 79 Norman St. Bflo., Ny 14210
Jamal Harris 482 Norfolk Bflo., Ny 14215
Kevin M. Hayes 795 McKinley Pkwy. Bflo., Ny 14220
Casey R. Kaminski 103 Merrimac Bflo., Ny 14214
Daniel A. Karlinski II 349 Walden Ave. Bflo., Ny 14211
Michael P. Karlinski 349 Walden Ave. Bflo., Ny 14211
Tracey A. Kosmoski 128 S. Pierce St. Bflo., Ny 14206
Karl Kozlowski 76 Howell St. Bflo., Ny 14207
Michael Kreuzer 350 Woodside Bflo., Ny 14220
Matthew Lalley 2l Edgewood Bflo., Ny 14220
Jennifer Lane 49 Barnard St. Bflo., Ny 14206
Sean W. McCabe 8 Britt Bflo., Ny 14220
Molly McCarthy 43 Pawnee Pkwy. Bflo., Ny 14210
Laura McKenica 22 Briggs Bflo., Ny 14207
Mary Kathleen Meegan 183 Tuscarora Rd. Bflo., Ny 14220
Heather Mills 120 N.Ogden St. Bflo., Ny 14206
Corey Lynn Morrison 999 Tonawanda St. Bflo., Ny 14207
Jose Ramirez 576 7th St. Bflo., Ny 14201
Bridget C. Shanahan 344 Downing St. Bflo., Ny 14220
Sean P. Sheehan 43 Turner Bflo., Ny 14220
Melissa Siracuse 835 Tift Bflo., Ny 14220
Christain J. Souter 25 Bridgeman St. Bflo., Ny 14207
Jennifer Sumbrum 49 Oakhurst Bflo, Ny 14220
Nicole Ufland 206 Amber St. Bflo., Ny 14220
James P. Weir 38 Evanston PI. Bflo., Ny 14220
William Whalen 108 Hammerschmidt Bflo., Ny 14206
Michael Zizzo 181 Newfield Bflo., Ny 14207
Matthew Guenther 39 Columbus Bflo., Ny 14220
Timothy S. Banks 29 Humber St. Buffalo, Ny 14215
Bryan J. Beale 33 Coolidge Buffalo, Ny 14220
Dorrell Benton 1099 Michigan Ave. Buffalo, Ny 14209
Kate Bohen 156 McKinely Buffalo, Ny 14220
Jacob E. Brozyna 324 Benzinger St. Buffalo, NY 14206
Kevin Comerford 743 McKinley Buffalo, NY 14220
Karyn E. Connolly 162 Choate Buffalo, NY 14220
Edward M. Cudmore 184 Esser Ave. Buffalo, NY 14207
Michael Dennehy 154 Esser Ave. Buffalo, NY 14207
Monica J. Eagan 137 Woodbridge Ave. Buffalo, NY 14214
Diana L. Fox 87 Frontenac Ave. Buffalo, NY 14216
Ben Harsch 70 Hillery Rd. Buffalo, NY 14210
Brian Higgins 51 South Ryan Buffalo, Ny 14220
Zoe Lenahan 123 Bidwell Pkwy. Buffalo, Ny 14222
Michelle A. Mahoney 53 Densmore Buffalo, Ny 14220
Ann Manley 4 Britt Buffalo, Ny 14220
Daniel A. Martinez 24 Colonial Circle Buffalo, Ny 14213
Joseph C. McCorquodale 1262 West Ave. Buffalo, Ny 14213
Juliette M. Naples 19 Dorchester Rd. Buffalo, Ny 14222
Kristen M. Nowadly 753 Crescent Buffalo, Ny 14216
Daniel Rodriguez
68 7th St. Buffalo, NY 14201
David Rodriguez 32 Minnesota Ave. Buffalo, NY 14214
Jason Ramirez 625 Niagara Street Buffalo, New York 14201
Appointment to become effective June 24, 1991, in the Department of Parks,
Melissa Geraci 121 Auburn, Buffalo, 14213, to the position of Supervising
Lifeguard, seasonal, at the starting salary of $5.25/hr.
Appointment to become effective July 1, 1991, in the Department of Parks, to
the position of Supervising Lifeguard, seasonal, at the starting salary of
$5.75/hr.
Michele M. Karlinski 349 Walden Ave. Bflo., NY 14211
Barbara Reformat 14 Marion Bflo., NY 14207
Michael Sieracki 959 Walden Ave. Bflo., NY 14211
Scott 0'Connell 340 Cumberland Buffalo, NY 14220
Shannon 0'Rourke 712 McKinley Buffalo, NY 14220
Daniel Griffin 24 Robins Buffalo, NY 14220
Appointment to become effective June 24, 1991, in the Department of Parks
Philip Richardson 310 Chelsea Pl., Buffalo, 14215 to the position of Laborer
II, seasonal at the starting salary of $6.65/hr.
Appointment to become effective June 26, 1991, in the Department of Parks,
Robert Ulrich 147 Dundee St., Buffalo, 14220, to the position of Supervisor of
Rinks and Pools, Temporary at the starting salary of $22,610.
FROM THE DEPARTMENT OF POLICE
Appointment to become effective June 24, 1991, in the Department
of Police to the position of Police Lieutenant, permanent at the starting
salary of $35,577.
George E. Smith 6659 Old Lake Shore Road Derby 14047
Robert F. Whalen 5096 Berg Road Lackawanna, NY 14218
Joseph F. Strano 221 Villa Buffalo, NY 14216
David J. Figlewski 121 S. Pontiac Buffalo, NY 14206
William D. Cusella 644 McKinley Buffalo, NY 14220
Appointment to become effective June 24, 1991, in the Department of Police, to
the position of Police Lieutenant, Contingent permanent, at the starting salary
of $35,577.
Henry E. Baranski 99 Grimes Street Buffalo, NY 14212
Carolyn D. Lukassewski 103 Lancaster avenue Buffalo 14222
Michael A. Manzella 268 Tremont Kenmore, 14217
Appointment to become effective June 24, 1991, in the Department of Police,
Victor Makowsky 65 Andres Pl., Cheektowaga, 14225 to the position of Police
Captain, Contingent Permanent at the starting salary of $40,760.
Appointment to become effective June 24, 1991, in the Department of Police
Edward C. Hempling 5682 Scherff Road Orchard Park 14127
to the position of Police Captain, permanent, at the starting salary of
$40,760.
FROM THE DEPARTMENT OF LAW
Appointment to become effective July 1, 1991, in the Department
of Law, David Derrico 580 Winspear, Buffalo, 14215, to the position of Law
clerk, Non-Competitive, at the starting salary of $5.63/hr.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective June 19, 1991, in the Department
of Street Sanitation Brian Mann 46 Deshler, Buffalo, N.Y. 14212, to the
position of Laborer II, Seasonal, at the starting salary of $6.65/hr.
Appointment to become effective June 24, 1991 in the Department of Street
Sanitation to the position of Laborer II, seasonal, at the starting salary of
$6.65/hr.
Wilson B. Vasquez 101 Lakeview Buffalo, New York 14201
Thomas J. Kielich 83 Payne Avenue Buffalo, New York 14220
Appointment to become effective June 27, 1991, in the Department
of Street Sanitation Michael Morreale 83 Turner, Buffalo, N.Y. 14220
to the position of Laborer II, seasonal at the starting
salary of $6.65/hr.
Appointment to become effective July 1, 1991 in the Department of Street
Sanitation to the position of Laborer II, seasonal at the starting salary of
$6,65/hr.
Leonard M. Aquilina 80 Cheltenham Buffalo, New York 14216
Peter J. Aramini 351 Gold Street Buffalo, NY 14206
Robert T. Black 93 O'Connell Avenue, Buffalo, New York 14204
Robert P. Dronckowski 47 Marine Dr. Buffalo, New York 14202
Robert J. Hughes 30 Whitfield Avenue Buffalo, New York 14220
Patrick J. Lynch 43 Mt. Vernon Buffalo, New York 14210
Thomas P. McCabe 340 Commonwealth Avenue Buffalo, N Y 14216
Paul F. McMahon 120 Tuscarora Road Buffalo, New York 14220
FROM THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION
Appointment to become effective July 2, 1991, in the Department
of Inspections & Community Revitalization, Division of Housing & Property
Inspections, Richard Tucker 66 Edgewood, Buffalo, 14220 to the position of
Building Inspector, Provisional, at the starting salary of $25,195.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective July 3, 1991, in the Department
of Human Resources, Division of Youth Jean Panzarella 24 15th St., Buffalo,
14213 to the position of Attendant, temporary at the starting salary of
$4.25/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No.78
Buffalo Community Television
Consider Appointments to the
BCT Board of Directors
The Board of Directors of Buffalo Community Television is very
pleased that Council confirmed the contract between BCT arid the City at Its
meeting on June 11, 1991, and looks forward to developing the, public access
center, staff, acid training programs in the coming months.
According to the contract, Council will appoint seven additional
Directors to BCT's Board within one month of the signing of the contract
(altogether the City will make ten new appointments, with the Mayor naming two
Directors and the Comptroller one Director>. As you can see from the enclosed
list of BCT's current Board of Directors, the organization is represented by a
group of community acid cultural leaders which we have attempted to balance
according to professional experience and geographical affiliations within the
city.
As Council considers its appointees, BCT would be happy to entertain any
questions the Council might have regarding our organization and the development
of our Board. BCT welcomes the Council appointments which we expect will
further elaborate the community and cultural diversity of our Board of
Directors.
With this goal in mind, the Nominating Committee of the Board of
Directors of BCT would like to put forth the attached list of names for you to
consider. All of these individuals have expressed an interest in BCT and
public access television in Buffalo. Each of them would make distinct
contributions to BCT's Board during Its first few years, when BCT will be
establishing itself fiscally and programmatically as a responsible and informed
media resource for the entire city.
Thank you for your consideration of these individuals for the Board of
Directors of Buffalo Community Television. We look forward to the coming year
which will see the imagination of Buffalo's citizens, the imagination to public
issues, and their concern for community needs take the form of creative
programming on Buffalo public access television.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No.79
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Results of Negotiations - Commercial Land Bank Parcels - 290 Broadway,
NW106.40' NE Ash 294 Broadway, NW 120. 23' SW Spruce 296 Broadway, NW 101.40'SW
Spruce 298 Broadway, NW 701 SW Spruce 306 Broadway NW W Corner of Spruce
With regard to the above Item, in contemplation of establishing
the Neighborhood Commercial Land Bank, which includes the above five vacant
parcels, The Buffalo Enterprise Development Corporation (BEDC) has negotiated a
private sale with Nr. Raymond A. Wellenc, and his wife, Kathleen, of 14
Carriage Hill East, Williamsville, NY 14221, to purchase these lots for
construction of a printing and copying business establishment.
The Wellenc family is the owner of Rapid Ray's Printing & Copying, Inc.
of 118 W. Chippewa Street, Buffalo, NY which presently operates in leased
quarters. The business is proposing to expand by constructing a one story
4,800 sq. ft. building with 22 parking spaces on the subject vacant lots. BEDC
is also considering assisting the expansion through the existing neighborhood
commercial loan program. BEDC wishes to expedite this sale ahead of final
approval of the Land Bank program to allow the project to make this year's
construction season.
An independent appraisal of the property was commissioned by BEDC and
conducted by Howard P. Schultz, NAI, 217 Linwood Avenue, Buffalo, NY. He has
estimated the fair market value of the subject 17,773 sq. ft. property to be 65
cents per square foot, which amounts to Eleven Thousand Five Hundred Dollars
($11,500) for the subject property. A copy of the appraisal was supplied to
John P. Hannon, Jr., Assistant Director of Real Estate and he concurs that the
appraised value is in line with recent City land sales on Broadway in the
vicinity of the subject property.
The results of our negotiations are that Mr. Raymond A. Wellenc, and his
wife, Kathleen A., have agreed and are prepared to pay Eleven Thousand Five
Hundred Dollars ($11,500) for the purchase of the subject property. They will
also pay the cost of the transfer tax and cost of the legal description.
A meeting was held with the District Councilmember and he supports the
sale and re-use of this property for a printing and copying store. Recently,
Your Honorable Body approved a two week use agreement with the adjoining
Pentecostal Church of Cod to hold their outdoor Community Services, terminating
on August 2, 1991 and the sale should be effective after this date. In a
separate matter, the pending list of lots to be included in the Neighborhood
commercial Land Bank would be reduced by these five vacant lots and the
proposed payment by BEDC also reduced by the amount of this proposed sale.
I am, therefore, recommending that Your Honorable Body approve the sale
of 290, 294, 296, 298 and 306 Broadway, Buffalo, NY to Raymond A. and Kathleen
A. Wellenc of 14 Carriage Hill East, Williamsville, NY 14221 in the amount of
Eleven Thousand Five Hundred Dollars ($11,500). Such sale shall be consummated
after August 2, 1991 so as not to conflict with the prior authorized temporary
use agreement.
RECEIVED AND FILED.
No.80
CANISIUS COLLEGE
NEIGHBOR DIALOGUE/INPUT
HAMLIN PARK AREA
Thank you for the opportunity to speak on behalf of Canisius College
regarding the proposed amendment to the legislation creating the Hamlin Park
Overlay Review District. This letter will summarize the College's understanding
regarding the major points that were raised during the Legislative Committee's
hearing on June 18 and to clarify the position of Canisius College regarding
those points.
There seemed to be substantial confusion on the part of some persons who
spoke during the hearing and on the part of some councilmen regarding the
proposed amendment to this legislation. That confusion centered around the
exclusion of the Canisius College's main campus property from m the Overlay
District. Clearly, residential dwellings owned by the College are not affected
by the proposed amendment. The proposed amendment excludes only the College's
main campus property. The residential dwellings owned by the College will
continue to be a part of the Overlay District. Nothing that the College may do
in the future can change that. The proposed amendment does not permit the
College to purchase homes in the Overlay District and then use those homes as
it wishes. In our view, therefore, the proposed amendment has 110 negative
effect on the original legislative intent, namely, the preservation of the
residential character of the neighborhood.
There also seemed be some concern, about the absence of a rationale for
the exclusion of the College's main campus property from the Overlay District.
I tried to explain that the value of the main campus property requires the
College to spend substantial amounts of money to keep it in good condition.
Several councilmen indicated that the College would have no problem obtaining
the City's permission to remodel classroom buildings, laboratories, and the
like. To require the College to ask and obtain permission from the City for
virtually each and every improvement would seem to be a result unintended by
the original legislation as well as a waste of taxpayers' money. As a matter of
fact, there is no rationale for including the College's main campus property in
the Overlay District. The College's main campus property is, in effect,
commercial property and should not be included in an ordinance targeted to
impact residential property. It seems discriminatory for the College to be
included in the Overlay District, especially when none of the other commercial
properties on Main Street (such as Blue Cross) are included.
Mr. Charles Perkins, representing the Hamlin Park Taxpayers Association,
expressed some concern about not being notified about this proposed amendment.
We understand his concern. The College was not notified of the original
legislation. Frankly, it seems reasonable to conclude that the original
legislation had the potential to have a much greater impact on the College than
the proposed amendment has on the residential community.
Mr. Perkins also expressed concern about the absence of dialogue between
neighbors and the College. He indicated that College officials were reluctant
to meet with and discuss mutual problems with representatives of the
neighborhood. That is inaccurate. Mr. Perkins and the representatives of the
Hamlin Park Taxpayers Association have been meeting as a matter of monthly
routine with Patricia A. Rissmeyer, Dean of Students at the College. Only this
week, Mr Perkins called Dean Rissmeyer and asked her to assist with a
neighborhood beautification program. She agreed. Further, Mrs. Martha Veasey,
the Canisius College Coordinator of Community Relations has as her sole
responsibility the communication with neighbors and the representation of the
concerns of neighbors to College officials. Accordingly, dialogue with the
College's neighbors is regular and routine. For example, the College has
sponsored a series of meetings with our neighbors. These meetings are open to
all who live near the College. These meetings have been productive and helpful
to all and are representative of the College's interest in maintaining a
dialogue. Thus, l was surprised by Mr. Perkins' claim that there has been no
such dialogue.
We look forward to continuing the discussions and activities already
under way.
I hope that Canisius College's position regarding this legislation is
clear. Please inform me of any subsequent hearings on this matter, so that I
can attend and represent the views of the College. Thank you very much for your
interest and your cooperation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.81
COUNCIL 35
Favors Early Retirement Option
AFSCME Council 35, on behalf of its affiliated Locals 264, 65O
and 2651, urges the passage of the early retirement incentive program.
The City, through wage and benefit cost reductions would realize savings
which would be helpful in its never ending efforts to balance budgets while
still providing services to the public.
A cursory examination of employee wage and benefit costs shows a
substantial saving. Replacement employees receive lower salaries, fewer
vacations, and sick leave days, as well as personal leave days. The cost of
retirement contribution, by the City for Tier l employees is considerably
greater than that of new employees who could take advantage of this program,
are in Tier l.
We are sure you realize you would be helping the community by opening up
job opportunities for some of the unemployed in the City. You could continue
to -Ave the City residents the kind of services they expect and deserve, at a
lesser cost, with replacement employees.
For these reasons, as well as numerous others, we strongly urge you to
adopt the early retirement incentive program.
RECEIVED AND FILED.
No.82
HIGHER DIMENSIONS EVANGELISTIC CENTER
Request use of vacant lot on the Northeast corner of Best and Jefferson Street
for Tent Revival
This letter is to officially request the usage of the vacant lot
on the Northwest corner of Best and Jefferson Street for a Tent Revival to be
held Tuesday, August 6, thru Wednesday, September 4, 1991.
As per our representative, Ms. Linda Nelson, we understand and are willing to
be held responsible for all cleaning and maintenance of the lot. In addition,
we will replace or compensate the city for any damages that we incur. However,
we do not expect any such damages to occur.
Our church is covered by Church Mutual Insurance Agency, therefore, our
liability will be assured by the church. The City of Buffalo will assume
absolutely no liability whatsoever. If it becomes necessary to send a
certificate of liability, please do not hesitate to inform Ms. Nelson.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE BUFFALO
ECONOMIC DEVELOPMENT CORPORATION
No.83
Horizons Waterfront Commission, Inc.
Start of 90 Day Comment Period
This will respond to your letter of June 26, 1991 to Mr. Edward
C. Cosgrove, Chairman of Horizons Waterfront Commission, regarding the
beginning of the 90 day comment period on the HWC Action Plan.
Pursuant to paragraph 4.A of the Intermunicipal Cooperation Agreement, the
draft Action Plan was presented by letter dated May 22, 1991 to Mayor Griffin,
Common Council President Arthur and Council Majority Leader Fahey, with copies
sent to each Councilmember. I note that Mayor Griffin officially conveyed the
HWC Action Plan to the Common Council on June 10, 1991.
Since the Intermunicipal Cooperation Agreement (paragraph 4.A) specifies that
the 90 day comment period begins upon "receipt" by the governing body, we
interpret the 90 day period as beginning on June 10, 1991 and concluding on
September 9, 1991.
Please let me know if you have any questions.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.84
KLEINHANS MUSIC HALL MANAGEMENT, INC.
Claim - Commitment of Funding
to Kleinhans Music Hall
Enclosed herewith please find original and three copies of the
claim form being filed by Kleinhans Music Hall Management, Inc. with the City
of Buffalo for One Hundred Forty Thousand Nine Hundred Seventy-Five ($140,975)
Dollars pursuant to Common Council Resolution No. 168, dated March 27, 1990,
titled "Commitment of Funding to Kleinhans Music Hall".
REFERRED TO THE COMMITTEE ON CLAIMS.
No.85
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
Fines - Speeding in Construction Zones
Thank you for your May 30, 1991 letter to Commissioner White regarding
your resolution to legislate double fines for speeding in a construction or
maintenance work Zone.
In the last several years, some states have instituted programs which would
double fines for speeding in work Zones. We have been monitoring the programs
in Delaware and Pennsylvania and our consensus is that your idea would not
produce the desired results. Speeding is best deterred in a work zone when
enforcement is visible. Judges have some latitude in assessing fines for
speeding and can easily use their discretion to implement a higher fine when
necessary. When a person is arrested for speeding, a doubling of the fine will
be insignificant compared to the monetary cost that will be inflicted by hiring
a lawyer, paying insurance surcharges, and higher overall insurance rates.
On January 13, 1991, a Transportation Research Board Human Factors Workshop
called "Work Zone Safety - Using What We Know" was held. There were speakers
from various states talking about their experience with work zone speeding.
From this conference, we learned that:
1. Delaware has been authorized to implement their program since July, 1990.
This is really too short of a time span to effectively determine success or
failure of the program.
2. Pennsylvania DOT is on record as stating that there hasn't been any
noticeable slowing down of traffic since double fines were instituted in
Pennsylvania.
3. Illinois has a very effective work zone speed limit program, including
dedicated enforcement. Illinois had looked at the concept of double fines, but
they do not believe in the concept. Their reasons included the fact that the
doubling of the fine is financially insignificant compared to the cost of
hiring a lawyer, paying surcharges, and having your insurance rates raised.
Basically, the laws needed to discourage speeding in work zones are available,
but need to be used in conjunction with aggressive law enforcement.
4. Pennsylvania and Illinois were not alone as others at the workshop
expressed similar reservations about double fines.
Last year, our own Engineering Research and Development Bureau conducted a
literature search on the subject of double fines. There was no evidence found
to substantiate this idea's success, but the literature search did produce
other suggestions for improving motorist compliance, such as flagging, -more
visible signs, and more obvious law enforcement presence.
It should also be noted that increasing the fines is an action that would
require amending State laws, not something that the Department or State Police
could do on its own. If you are determined to pursue the matter, we suggest
that you contact your local legislators in order to initiate the required
legislative changes in the law.
If new evidence can be found to support the idea, then the Department will keep
an open mind and reconsider the suggestion. However, it appears that although
the idea of double fines will generate some quick, positive publicity, it will
not have a lasting effect in reducing speeds through construction work zones.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.86
NIAGARA VIEW PROPERTIES, INC.
Use Portion Albany St. for Off-Street Parking
Please be advised that I represent the above mentioned property
as agent and property manager.
In that regard, I am requesting the assistance of the Council in the resolution
enclosed herein.
On behalf of Niagara View Properties, the Council is asked to adopt a
resolution giving the right to use the street for access and parking for our
building.
The regrettable state of this street has seriously deterred interest on the
part of prospective tenants of the former Agway Seed Plant at 1096 Niagara
Street which we own.
It is our understanding that Albany Street contains sewer and water lines that
continue across the Thruway into the treatment plant and that the continued
access for maintenance and repair precludes placing building improvements upon
the "street". However, safety and appearance could be improved if the property
were paved and landscaped.
If we are to provide adequate off-street parking for some attractive tenants of
our premises, improvements must begin shortly.
Since this part of Albany Street is unsightly and abandoned, our request has
merit and we request your support in the matter.
Thank you in advance for your support.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
POLICE, THE COMMISSIONER OF FIRE AND THE COMMISSIONER OF PUBLIC WORKS.
No.87
WILLIAM J. NOVARA
Oppose Closing N.F.G. Service
Ctr. 249 W. Genesee
I am an employee of National Fuel Gas and am writing this letter
to inform you if you do not already know, of the Gas Company's intentions of
closing their servicenter located at 249 W. Genesee St. effective Oct. 1, 1991.
In my opinion, this action cannot possibly enhance the service of the gas
utility when it comes to emergencies of the people of the city of Buffalo. In
fact the opposite might be true. This will be the first time in history that
there will be no servicenter within the city limits of Buffalo. All other
public utilities that serve the public have an operating servicenter in the
city to provide service for its customers regarding emergencies and also
non-emergency calls. The gas company now plans to have crews from Tonawanda and
w. Seneca cover emegencies in the city. This could De time consuming for crews
to respond to an emergency like a serious gas leak from these distant
locations.
As a concerned employee of the gas company, I also do not wish to see
this servicenter closed. It would be appreciated if you and your fellow
councilmen could discuss this matter and follow up with any appropriate action
to stop the gas company from closing the servicenter at 249 W. Genesee St.
If time allows in your busy schedule, I would like to hear your opinions
of this matter. You can write to me at the following address:
RECEIVED AND FILED.
No.88
ROGER PASQUARELLA
1963 Elmwood Avenue
Request for Property Tax Adjustment
On June 14, 1989, I was high bidder on 1963 Elmwood Avenue, Buffalo,
New York at the Erie County foreclosure auction. The property was deeded to my
corporation on September 27, 1989 by Referee's Deed. The purchase price was
$102,000. The City issued a tax bill on July l, 1989, for the amount of
approximately $32,000. This was based on the December 1988 assessment of
$926,800 which was lowered by $776,800 to $150,000 in December 1989 and lowered
again in December 1990 by an additional $75,000. Because of the high and
erroneous assessment listed in December 1988, the taxes levied by the City were
incorrect.
I had no standing to challenge the assessment until December 1989 wherein
the assessors agreed to the reduction.
Consequently I have been overcharged by some $24,000.00 by the City and
by $9,478.94 by Erie County for 1990 tax year. In addition, I was not the
record owner until September 27, 1989, but the City is still pursuing me for
the full years taxes which were incurred by the previous owners.
Since acquiring this property I have expended over $400,000 in demolition
and clearance of this dilapidated property, creating a significant public
benefit to the City of Buffalo and Erie County.
I am requesting this Council to authorize the abatement of the taxes for
the 1989-90 tax year. I will agree to pay the same amount of taxes as I did
for the 1990-91 tax year.
Since I or my corporation were not the record owners as of the taxable
status date for 1989 City or 1990 County I had no opportunity nor standing to
challenge the assessment for the proper value.
Kindly review my request and contact me for any further information
required.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No.89
PENN ADVERTISING, INC.
Cancel Interest on Sweet
Advertising Units
I recently received delinquent tax notices related to Sweet Advertising
Corporation from the City of Buffalo. Needless to say, these invoices came as
quite a surprise to me as I am positive that Penn Advertising pays all of its
bills, especially our tax hills in a very prompt manner.
I do not dispute that we are responsible for the taxes due. I was under the
wrong impression that these advertising units were included in our other
assessments from the city. The subject bills had been sent to Sweet Advertising
for the past three years. They were never forwarded to us or were we even
notified that they were getting these bills.
I am requesting that you consider forgiving the interest due on the 1988 and
1989 taxes due in the amount of $2,340.28. This unfortunate situation was not
an intentional evasion on our part but simply a lack of knowledge and
understanding by Penn Advertising.
As I mentioned earlier, Penn Advertising has always been prompt in payment of
our obligations to the city because we understand the important obligation we
have to the community and the great need to work together.
I appreciate all your considerations in this matter and look forward to hearing
from you in the near future.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No.90
POLICE REORGANIZATION COMMISSION SUBCOMMITTEE
Report on Vehicles/Consolidation
This memorandum is the report of Subcommittee "A" (Field
Services) for the Buffalo Police Reorganization Commission ("PRC"). This
memorandum is intended to provide a framework for more detailed discussions
concerning the points set forth in this memo.
This memorandum will address the following issues:
l. Vehicle Assignment Plan;
2. Schedule configurations;
3. Charter revision;
4. Precinct consolidation;
REFERRED TO THE POLICE REORGANIZATION COMMISSION
No.91
SIEGEL, KELLER & KAHN
Suspend Section of Chap. XII 426 Franklin Street
Please be advised that I represent the owners of the above mentioned
premises, Siegel, Kelleher & Kahn, and this application is made on their
behalf.
The building is a three story structure with a basement, constructed of
masonry and wood frame exterior walls having approximately 1,840 square feet
per floor. The legal occupancy of the premises as per building permits on file
with the City, prior to July 1, 1985, is as follows: basement - general
storage; first floor - attorney's offices; second floor -attorney's offices;
third floor - a one family apartment.
The existing occupancy of the premises however, prior to July 1 of 1985,
was and is as follows: basement - filing and general storage; first floor -
attorney's offices; second floor - attorney's offices; and third floor -
attorney's offices.
The non-conforming items of 426 Franklin Street, as reflected in the
Buffalo Building Code, Chapter XII, prior to July 1, 1985, are as follows:
1. Section 60 of Chapter XII, titled Height and Area Limitation, limits
office occupancy of wood construction to two stories whereas the existing
office occupancy is three stories and a basement.
In addition,
2. Section 66 of Chapter XII, entitled Means of Egress Relative to Exit
Stairs, requires a stair enclosure with a two hour rated construction leading
directly to the exterior. The existing stair enclosure is a three-quarter hour
rated stair exit with winders which is prohibited under the exit stair
requirement.
In addition, this stair enclosure also leads directly into an office on the
first floor. This is also prohibited under the exit stair requirement.
Therefore, on behalf of my clients, I hereby request relief from Sections
60 and 66 of Chapter XII of the Ordinances of the City of Buffalo as it existed
prior to July, 1985, for those enumerated conditions which existed at 426
Franklin Street prior to July of 1985.
In addition, I would like to point out that my clients, in their concern
for safety, have installed a sprinkler system in the stairwell, a fire
detection system throughout the building and a smoke detector system throughout
the building, and also, at regular intervals, have certified fire
extinguishers.
I would also like to point out that the highest and best use for this
building is most certainly as a law office and that this application is made
with that in mind. I would appreciate it if you can consider this matter on
your next council agenda. If you have any questions regarding same, do not
hesitate to contact my office directly.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF FIRE AND THE COMMISSIONER OF PUBLIC WORKS.
No.92
TCI of New York
Franchise Renewal
TCl of New York Inc. has appreciated the opportunity to serve
the City of Buffalo and its residents over the years. We are now looking
forward to the renewal of our franchise.
As you know, the Cable Communications Policy Act of 1984 contains provisions
which detail a procedure for the renewal of franchises. In order to comply with
these provisions the Company is formally requesting that the City of Buffalo
commence renewal proceedings in accordance with the requirements of Section
62-6 (a) of the Cable Act.
The Cable Act does, however, in Section 626 (h), provide for renewal of
franchises without going through the extensive, formal procedure specified in
Sections 626 (a) through (g). It seems to us that the informal process may be
preferable for all concerned. We would like to meet with you at your earliest
convenience to discuss the renewal proceedings outlined in the Cable Act
I look forward to meeting with you in the near. future and to a continuing,
mutually beneficial relationship
REFERRED TO THE SPECIAL COMMITTEE ON CATV, THE COMPTROLLER, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL
No.93
TCI of New York, Inc.
Request Audit by State Cable Comm.
In response to your letter of June 12, 1991 regarding C.C.P. June
12, 1991, Res. 139 - "Request Audit by State Cable Commission" TCI of New York,
Inc. will cooperate, as always, with an audit conducted by the New York State
Commission on Cable Television.
RECEIVED AND FILED.
PETITIONS
No.94
Sorrento Cheese Co., owner, petition to rezone 67 ad 71 Leland Drive from R2 to
CM District for addition to building as a packaging room for dairy products.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.95
Thomas Shea, owner, Tarry Lu, operator, petition to use 2272 Seneca Street for
a sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.96
Stop-N-Go Foods, Inc. owner, petiton to use 211 Niagara Street for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.97
Stop-N-Go Foods, Inc. owner, petiton to use 563 Niagara Street for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.98
Stop-N-Go Foods, Inc. owner, petiton to use 1301 Hertel Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.99
Berkshire Avenue Chapel, owner, petition to use 475 Berkshire for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.100
Cynthia E. Lombardo, owner, petition to use 2097 Seneca for a take-out
restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No.101
E. Murphy & O - Comments on LaSalle Reservoir Site
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No.102
Angeliki and Charlie Keil req. Council oppose West Valley waste Site
Legislation.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No.103
RETIREMENT INCENTIVE
(ITEM NO. 148, C.C.P., JUNE 11, 1991)
That the above item be and the same is hereby received and filed.
ADOPTED.
No.104
Retirement Incentive (CC) (Item # 42 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.105
Local 650/Favors Early Retirement Option
(Item # 87 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.106
Local 2651/Favors Early Retirement Option
(Item # 88 CCP Jun 25, 1991)
That the above mentioned Item he and the same is hereby received
and filed.
ADOPTED.
No.107
Discharge Civil Service Committee Of Early Retirement Incentive
(Item # 170 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.108
Appointment Assistant Director (Max) (Sr. Citizens)
(Item # 15 CCP Mar 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.109
Appointment
Executive/Assistant Director/Sr. Citizens
That Communication No 17 CCP be received and filed and the Permanent
appointment of Stanley H. Depczynski stated above at the Maximum salary
$26,803.00 effective on March 22, 1991 is hereby approved.
PASSED
AYES-13 NOES-0.
No.110
Notices Of Appointments (C.Clerk)
(Item # 73 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No.111
Shea's/Position On Restoration Surcharge
(Item # 92 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.112
CONCESSIONAIRE BENNETT BEACH
ITEM NO. 37, C.C.P., JUNE 25, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved that the above item be and the same is hereby received and
filed.
ADOPTED.
No.113
Investigate Title/I 36 Moselle (Compt)
(Item # 19 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.114
Rescind Sale/1403 Genesee (CC)
(Item # 42 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.115
Status/Bids/War Memorial Redevelopment (CD)
(Item # 64 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.116
Nichter/Extend Bid Guarantee/War Memorial Project
(Item # 101 CCP Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No.117
REPORT OF BIDS - GROUP 324
RECONSTRUCTION OF JEFFERSON AVENUE
FROM NORTHAMPTON TO HIGH
(ITEM NO. 42, C.C.P., MAY 28, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved
That the Commissioner of Public Works be and he hereby is authorized to
award a contract for reconstruction of Jefferson Avenue, Northampton to High,
Group 324 to Destro Brotheres Construction Co., Inc., the lowest responsible
bidder in the amount of $1,155,344 plus unit prices not to exceed an additional
$100,000 with cost to be charged against the Capital Project Bond Account
#200-401-526 and 200-401-021; and
That such authorization is based upon Destro Brothers complying with the
minority and MBE goals expressed in the letter of Charles Destro, President,
dated July 3, 1991; and
That the Division of Urban Affairs closely monitor contract compliance
concerning MBE and minority workforce participation according to contract
provisions and the intent to increase work force participation by minorites as
expressed in the letter of Charles Destro above referred to.
PASSED
AYES-13 NOES-0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No.118
TRAN, TAM LUONG - PETITION TO USE
2092 BAILEY AVENUE - TAKE-OUT RESTAURANT
(ITEM NO. 77, C.C.P., JUNE 25, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That after a public hearing held July 2, 1991, the petition of Tam Luong
Tran, owner, for permission to use 2892 Bailey Avenue for a take-out restaurant
with signage is hereby approved.
PASSED.
AYES-13 NOES-0.
No.119
CLIFFORD DENTICO, OWNER PETITION TO USE
690 HERTEL AVENUE FOR AWNING
(ITEM NO. 98, C.C.P., JUNE 25, 1991)
That after , public hearing held on July 2, 1991, the petition
of Clifford Dentico, owner, 69a Hertel Avenue, to erect a (2' x 3' x 60') frame
awning encroaching two feet (2 ft.) over the right-of-way, 3c ana the same is
hereby, approved pursuant to Section 41/&7 of the Buffalo Code.
PASSED.
AYES-13 NOES-0.
No.120
RESTAURANT/DANCING CLASS IV LICENSE
56 WEST CHIPPEWA STREET
(ITEM NO. 29, C.C.P., JUNE 25, 1991)
That pursuant to Chapter 150 of the City of Buffalo Ordinances
the Director of Licenses be, and hereby is authorized to issue a
Restaurant/Dancing Class IV License to the Calumet Arts Cafe, Mark Goldman,
owner, 56 West Chippewa Street.
PASSED.
AYES-13 NOES-0.
No.121
RESTAURANT/DANCING CLASS IV LICENSE
1683 MAIN STREET
(ITEM NO. 36, C.C.P., JUNE 25, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation. Mr. Coppola now moved to recommit the
above to the Committee or Legislation.
ADOPTED.
No.122
SORRENTO CHEESE COMPANY
REQUESTS PERMISSION TO INSTALL CONDUITS
2375 SOUTH PARK AVENUE
(ITEM NO. 25, C.C.P., JUNE 25, 1991)
That pursuant to Chapter 413, Section 67 of the Ordinances, the
Commissioner of Public Works be and he hereby is, authorized to issue a mere
license to the Sorrento Cheese Company for the installation of three conduits
which would encroach the City right-of-way at 75 South Park Avenue subject to
the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the conduits are installed a minimum of 36 (thirty-six) inches below
the sidewalk and/or pavement surface.
3. That the applicant supply the Department of Public Works with a set of
"as built" plans of the conduits upon completion of installation.
4. That the applicant supply the City of Buffalo, Department of Public Works
with a Five Thousand ($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
conduits.
PASSED.
AYES-13 NOES-0.
No.123
TONY HURDLEMAN, OWNER, MERE LICENSE
T0 INSTALL SIDEWALK CAFE AT 110 PEARL STREET
(ITEM NO. 26, C.C.P., JUNE 25, 1991)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a mere license to install a sidewalk cafe at 110 Pearl Street to Tony
Hurdleman, owner of Cheers Restaurant. 110 Pearl Street subject to the
following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation..
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That 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 be completely removed from the city right-of-way
from November 15 to April 1 each year.
5. That the applicant be assessed the annual fee of one dollar ($1.00 per
square foot of city right-of-way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
6. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
7. That the cafe be opened no later than 11:00 P.M. daily;
8. That no music be played in the cafe area; and
9. That no trash receptacles be placed in the cafe area.
PASSED.
AYES-13 NOES-0.
No.124
ALAN DEWART; LANDLORD, MERE LICENSE
TO INSTALL SIDEWALK CAFE AT 643 MAIN STREET
(ITEM NO. 759 CCP, JUNE 25, 1991)
That the Commissioner of Public Words be and he hereby is, authorized
to issue a mere license to install a sidewalk cafe at the Bijou Grille, 643
Main Street to Alan Dewart, owner, subject to the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the addition is installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings".
3. That the addition does not exceed sixty-two (62) feet in length or
project more than eleven (11) feet from the building face into city
rightof-way.
4. That the applicant be responsible for relocation of any ground utilities
effected by the installation of said addition.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety
and welfare of the public, or the needs of the city, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E.) of the City Ordinances.
6. That, because the addition will remain within city right-of-way the
entire year as opposed to a seasonal cafe, the applicant be assessed an annual
fee of five dollars ($5.00) per square foot of city right-of-way occupied by
the encroachment as described in Chapter 413-67 (G.) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Ten Thousand Dollar
($10,000.00) 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 addition to restaurant.
PASSED.
AYES-13 NOES-0.
No.125
H. TRAUTMAN - ENCROACHMENT
863 BAILEY AVENUE
(ITEM NO. 94, C.C.P., JUNE 25, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That the strip of land fronting on Dingens Street burdened by an existing
encroachment, more fully described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County
of Erie and State of New York being a portion of the Right-of-Way Known as
Dingens Street (66.0 ft. wide), part of Lot 10, Township 1O, Range 7 of the
Buffalo Creek Reservation, bounded and described as follows:
BEGINNING at a point in the southerly line of the Right-of-Way known as
Dingens Street distant thirty-five (35) feet, more or less, east of the
intersection of the southerly line of Dingens Street and the easterly line of
Bailey Avenue (66.0 ft. wide); running thence northerly at a right angle with
the southerly line of Dingens Street, a distance of 3.98 feet to a point;
running thence easterly parallel with the southerly line of Dingens Street,
distance of 32.50 feet to a point; running thence southerly at a right angle
with the southerly line of Dingens Street, a distance of 0.25 feet more or less
to a point; running thence easterly on a line parallel with the southerly line
of Dingens Street, a distance of 13.58 feet to a point; running thence
southerly at a right angle with the southerly line of Dingens Street, a
distance of 2.07 feet more or less to a point; running thence easterly on a
line parallel with the southerly line of Dingens Street a distance of 26.65
feet more or less to a point; running thence southerly on a right angle to a
point in the southerly line of Dingens Street; running thence westerly along
the southerly line of Dingens Street a distance of 73 feet more or less to the
point or place of beginning.
be, and hereby is, determined to be unnecessary to further any public
purpose and is hereby abandoned and discontinued as a public right-of-way; and
That the offer of Harvey and Margaret Trautmen in the sum of $200.00, be
and hereby is accepted; 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-13 NOES-0.
No.126
Community Wide Urban Renewal Homestead Program - 102 and 110 Mulberry Street
Fruitbelt/Old First Ward Housing Trust Fund Project Approval of Utility
Easement
(Item No. 57, C.C. P. , 6/25/91)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is authorized to execute a utility easement to Niagara Mohawk
Power Corporation at 102 and 110 Mulberry Street for the installation of a
utility pole (s).
PASSED.
AYES-13 NOES-0.
No.127
ORDINANCE AMENDMENT
SECTION 18 OF CHAPTER 96
USE OF RECYCLED PAPER
(ITEM NO. 233, C.C.P., MAY 28, 1991)
That the ordinance Amendment as contained in Item No. 233, C.C.P.,
May 28 1991, be and the same hereby is approved.
PASSED.
AYES-13 NOES-0.
No.128
Recycled Paper Use (GS)
(Item # 59 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.129
REQUEST CHANGE IN CITY
TRAFFIC ORDINANCE
(ITEM NO. 14- C.C.P., JUNE 11, 1991)
That the Law Department take the necessary steps to change the
Traffic Ordinances Chapter 479, Section 15, Subsection 21 to read 15 (fifteen)
feet from the point where the extended adjacent curb lines of intersecting
streets meet.
ADOPTED.
No.130
Request Traffic Ordinance Change (Police)
(Item # 38 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.131
W. Hoyt/Oppose Restaurant/entertainment license 124 Elmwood
(Item # 86 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.132
J. Gralnik/Sewer Problem/Costs-Sanders Road Area
(Item # 83 CCP May 28, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Claims.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No.133
Hearing - Land Disposition Agreement
Buffalo Independent Living New Housing
(Item No. 53, C.C.P. June 25, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on July 9, 1991, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:-LOUIS MALUCCI, COMMUNITY DEVELOPMENT
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
LAID ON THE TABLE.
No.134
Hearing - Land Disposition Agreement
Watson St. Townhouse Housing Project
(Item No. 54, C.C.P. June 25, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on July 9, 1991, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- LOUIS MALUCCI, COMMUNITY DEVELOPMENT
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
WATSON STREET TOWNHOUSE HOUSING PROJECT
APPROVAL OF LAND DISPOSITION AGREEMENT
COMMUNITY WIDE URBAN RENEWAL HOMESTEAD PROGRAM
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated WNY Veterans Housing Coalition, Inc. and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
"General Municipal Law" and
required by Section 507, Subdivision 2 id) of the
NOW, THEREFORE, BE IT RESOLVED:
(l) That WNY Veterans Housing Coalition, Inc. and/or other legal entity
to be formed was duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the
Watson Street Townhouse Housing Project in the Community Wide Urban Renewal
Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES- 13 NOES-0.
No.135
Hearing - Land Disposition Agreement
Amend- Clinton Park New Housing
(Item No. 55, C.C.P. June 25, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on July 9, 1991, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:-LOUIS MALUCCI, COMMUNITY DEVELOPMENT
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
AMENDMENT TO LAND DISPOSITION AGREEMENT
CLINTON PARK NEW HOUSING PROJECT
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Atkin Construction Corp. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Amendment to Land Disposition Agreement has been
duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That Atkin Construction 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 Virginia Street New
Housing Project
(2) That the document entitled "Contract for the Sale of Land for Private
Development" (herein referred to as LDA) by and between the City of Buffalo
Urban Renewal Agency and Gal-Van Developers, Inc. is hereby approved to be
amended to include 4 and 8 Dorrant Street in Schedule A. Also, the last
sentence of Section 4 of said LDA is hereby amended to: The improvements
referred to herein shall be defined as the construction of eleven (11)
residential dwelling units on the Property
described in Schedule A attached hereto.
(2) That the Chairman or Vice Chairman of the Buffalo Urban proposed
"Land Disposition Agreement" and "Amendment to Land Disposition Agreement" to
the Redeveloper and/or other legal entity to be formed in accordance with the
terms of said Agreement and for the consideration recited therein.
PASSED.
No.136
Hearing - Land Disposition Agreement
Clinton Park II New Housing
(Item No. 56, C.C.P. June 25, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on July 9, 1991, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:-LOUIS MALUCCI, COMMUNITY DEVELOPMENT
MARK MORRANO
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Collins.
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Marrano/Marc Equity Corporation and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW THEREFORE, BE IT RESOLVED:
(1) That 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 Clinton Park II New Housing Project
in the Emslie Neighborhood Development Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES-13 NOES-0.
No. 137
BNRC Annual Budget/Financial Report (CD)
Item # 51 CCP Jun 25, 1991
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
RESOLUTIONS
No. 138
BY MR. ARTHUR
LOCAL LAW NO ____ (1991)
INTRODUCTORY NO.17(1991)
A LOCAL LAW amending section five hundred seventeen of article
twenty-seven of the Charter of the City of Buffalo, in relation to the lease of
city property.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section I. That section five hundred seventeen of article 27 of the
charter of the city of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 517. Lease.
A lease of, or a license to use, and real property or portion thereof
owned by the City and appropriated to public use, shall not be made unless
authorized by the council by a two-thirds vote.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
R. Peter Morrow
NOTE Matter in brackets []to be deleted; matter underlined is new.
Mr. Fahey moved to receive and file the above item; seconded by Mr. Bakos
LOST-
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 6
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS, RUTECKI-7
Mr. Rutecki now moved to refer said item to the Committee on Finance; seconded
by Mr. Pitts.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PITTS, RUTECKI-7
NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO PERLA-6
No. 139
BY: MR. AMOS
RENAMING OF BARCHER PLACE TO MARTHA JACKSON PLACE
WHEREAS: Pursuant to Chapter 286 of the Code of the City of Buffalo
provides the procedure for the naming and name changing of streets; and
WHEREAS: Such request may be made by resolution of a Council Member; and
WHEREAS: The sole resident on Barcher Place, David Anderson Art Gallery, Inc.,
has requested that the name of Barcher Place be changed to Martha Jackson
Place; and
WHEREAS: Martha Jackson was a native of Buffalo whose impact on the art world
was locally and internationally recognized and appreciated and;
WHEREAS: Her work in the Buffalo area has been cited to be the inspiration that
awakened the late Seymour Knox Sr.'s passion for contemporary art; and
WHEREAS: The David Anderson Art Gallery located on Barcher Place is an
extension of the Martha Jackson Gallery on E. 66 th Street in New York City
which was renowned for its presentation of non-white and women artists; and
WHEREAS; After her death, over 50 major works of this collection were donated
in her memory to the Albright Knox Art Gallery; and
WHEREAS: Although, this art collection was recognized as a homecoming of sorts,
a proper homecoming for Martha Jackson is the arrival of the successor of her
Martha Jackson Gallery; the David Anderson Art Gallery.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body request the changing of the name of Barcher Place to Martha
Jackson Place and hereby directs the City Clerk to [prepare and submit to this
Honorable Body a Notice of Intention pursuant to Chapter 286 of the Code of
the City of Buffalo
ADOPTED.
No. 140
BY: MR. BAKOS
SET PUBLIC HEARING'. PROPOSED LAND DISPOSITION AGREEMENT FOR A
PORTION OF NEWS BUFFALO INDUSTRIAL PARK EASTSIDE OF JAMES E. CASEY DRIVE
WJA INC.
WHEREAS, WJA, 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; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of New
Buffalo Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
12th day of July 1991.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
23rd day of July 1991.
ADOPTED.
No. 141
BY: MR. BAKOS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF THRUWAY INDUSTRIAL PARK -
PHASE II N/E/C MONSIGNOR VALENTE DR. & WILLIAM STREET
MAPLE LEAFE FOODS
WHEREAS, Maple Leaf Foods, and/or other legal entity to be formed
(here- referred to as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and procedures prescribed
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
Thruway Industrial Park Phase II: and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency, and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2 (d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1.That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
12th day of July 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 p.m. in the Council Chambers
on the 23rd day of July 1991.
ADOPTED.
No. 142
BY: MR. BAKOS
Set Public Hearing: Proposed Land Disposition
Agreement for a Portion of New Buffalo Industrial Park
Niagara Tying Service Inc..
WHEREAS, Albert and Antoinette Boratto, and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of New
Buffalo Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A if the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
12th day of July 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
23rd day of July 1991.
ADOPTED.
No. 143
BY MESSERS BELL, AMOS, COPPOLA
ROWDYISM AND VANDALISM IN CITY NEIGHBORHOODS
WHEREAS: Recently there have been several reports of large-scale
rowdyism and vandalism in various neighborhoods in the City of Buffalo; and
WHEREAS: These apparently random and unprovoked incidents have resulted in
significant property damage and some bodily injury, and have caused great deal
of consternation in the neighborhoods in which they have occurred; and
WHEREAS: The fact that these episodes have taken place in the early summer
is of particular concern because, without an effective response to them and
their root causes, the situation will only be exacerbated as the summer
progresses; and
WHEREAS: In addition, the reductions in governmental funding for various
centers and youth programs also prompts questions about whether there will be
sufficient constructive activities for young people during the summer months ;
and
WHEREAS: It behooves the leaders of "The City of Good Neighbors" to develop
strategies designed to forstall the possibility of increased and even more
serious problems in the weeks ahead.
THEREFORE BE IT RESOLVED:
That the City of Buffalo Police Department and Department of Human Resources,
and the Erie County Sheriff s Department and Department of Youth Services be
requested to report on what measures are being taken to avoid such incidents of
violence in the future; and
BE IT FURTHER RESOLVED:
That Police Commissioner Ralph V. Degenhart be respectfully requested to meet
with this Honorable Body in his office on Friday, July 12, 1991 at 10:00 A.M.
to discuss this problem.
ADOPTED.
No. 144
BY MR. COLLINS:
BOND RESOLUTION $250,000 BONDS PARTIAL RECONSTRUCTION OF BUILDING
AT 380 OAK STREET TO PROVIDE A CITY DOG POUND ACCOUNT 200-402-099
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK
AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT BONDS
OF SAID CITY, TO FINANCE THE COST OF PARTIAL
RECONSTRUCTION OF
THE BUILDING AT 380 OAK STREET TO PROVIDE A CITY DOG POUND, AT
THE ESTIMATED MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two
Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of the reconstruction, in part, of the building located at 380 Oak Street to
provide a City Dog Pound, and to purchase the original furnishings, equipment,
machinery and apparatus required in connection with the purpose for which said
building, as reconstructed, is to be used. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $250,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Partial Reconstruction,
of Building at 380 Oak Street to provide a City Dog Pound," Bond Authorization
Account No. 200-402-099, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the casts of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of at least Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and the period of probable
usefulness applicable to the specific object or purpose for which the bonds
authorized by this resolution are to be issued. within the limitations of
Section 11.00 (a) 12. (a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment
prior to the issuance of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 9, 1991
LAID ON THE TABLE
No.145
BY: MR. COLLINS:
BOND RESOLUTION $250,000 BONDS
IMPROVEMENT TO A PEDESTRIAN MALL AT FOUNTAIN
PLAZA DEVELOPMENT ACCOUNT 200-717-036 BOND RESOLUTION OF THE CITY
OF BUFFALO, NEW YORK, AUTHORIZING THE ISSUANCE OF $250,000 GENERAL
IMPROVEMENT BONDS OF SAID
CITY, IN ADDITION TO $200,000 BONDS PREVIOUSLY AUTHORIZED THEREFOR, TO FINANCE
THE COST OF CONSTRUCTION OF IMPROVEMENTS TO A PEDESTRIAN MALL AT THE EXISTING
FOUNTAIN PLAZA DEVELOPMENT, AT THE ESTIMATED MAXIMUM COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two
Hundred Fifty Thousand Dollars ($250,000), in addition to $200,000 Bonds
previously authorized therefor, pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); to finance the cost of
construction of improvements to the Pedestrian Mall at the existing Fountain
Plaza Development consisting of walks, paving and other ameneties. The
estimated maximum cost of said specific object or purpose for which the bo s
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $250,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Fountain
Plaza R.O.W. Improvements 1991-92," Bond Authorization Account No. 200-717-036,
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the costs of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 80. of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 9, l991
LAID ON THE TABLE.
No.146
BY: MR. COLLINS
BOND RESOLUTION $300,000 BONDS
THE IMPROVEMENTS OF ARLINGTON AND BRODERICK
PARKS ACCOUNT 200-717-022 BOND RESOLUTION OF THE CITY OF BUFFALO,
NEW YORK, AUTHORIZING
THE ISSUANCE OF $300,000 GENERAL IMPROVEMENT BONDS OF SAID
CITY,
TO FINANCE THE COST OF THE CONSTRUCTION OF IMPROVEMENTS OF ARLINGTON
AND' BRODERICK PARKS, AT THE ESTIMATED MAXIMUM COST OF $300,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Three
Hundred Thousand Dollars ($300,000), pursuant to the provisions of the Charter
of said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); to finance the cost of
the construction of improvements to Arlington and Broderick Parks. The
estimated maximum cost of said specific objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $300,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in ~anticipation Of the sale
of said bonds, shall be deposited in the Capital Projects Fund of the credit of
the Department of Community Development, Division of Development. "Improvements
to Niagara District Parks 1991-92," Bond Authorization Account No. 200-717-022,
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the costs of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19. (c) of the Local Finance Law,
is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 9, 1991
LAID ON THE TABLE
No.147
BY MESSRS. COLLINS, ARTHUR AND BAKOS
BOND RESOLUTION 950,000 BONDS
RECONSTRUCTION OF 2038-2050 GENESEE ST. FOR
USE AS A COMMUNITY CENTER
ACCOUNT 200-717-033 BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK,
AUTHORIZING THE ISSUANCE OF $950,000 GENERAL IMPROVEMENT BONDS OF SAID
CITY TO FINANCE THE RECONSTRUCTION OF 2038-2050 GENESEE STREET
FOR USE AS A COMMUNITY CENTER, AT THE ESTIMATED MAXIMUM COST OF $950,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Nine
Hundred Fifty Thousand Dollars ($950,000), pursuant to the provisions -of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of reconstruction of the building located at 2038-2050 Genesee Street for use
as a community center, after acquisition of such building by the City by
application of $300,000 expected to be received from the Buffalo Urban Renewal
Agency; and to purchase the original furnishings, equipment, machinery and
apparatus required in connection with the purpose for which said building, as
reconstructed, is to be used. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $950,000 as set forth in the duly adopted CapitaI
improvements Budget of said City for fiscal year 1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
,of said bonds, shall be deposited in the Capital Projects Fund to the credit
of the Department of Community Development, Division of Development,
"Acquisition and Reconstruction of Building for Community Ctr. 1991-92," Bond
Authorization Account No. 200-717-O33, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the costs of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of at least Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and the period of probable
usefulness applicable to the specific object or purpose for which the bonds
authorized by this resolution are to be issued, within the limitations of
Section 11.00 (a) 12. (b) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 9, 1991
LAID ON THE TABLE.
No.148
BY:MR. COPPOLA
REQUEST INFORMATION ON
DEMO PROCEDURES
WHEREAS: On June 20, 1991, a city-owned property at 2156-62 Fillmore
Avenue, an empty building located on the southwest corner of Fillmore and Leroy
Avenue, burned after being torched by an arsonist; and
WHEREAS: The building was in the process of being demolished, the bid being
awarded two weeks prior to the fire; and
WHEREAS: The building has been owned by the City since 1986, was in the
demolition process for an unusual length of time, and was the source of
numerous neighborhood complaints and concern; and
WHEREAS: On February 27, 1990, a notice of hazardous condition was filed
with the City Clerk due to the dilapidated condition and the concern that the
taxpayers of the City of Buffalo would be liable for any damages caused by the
condition of the building; and
WHEREAS: The resulting fire caused severe damage to a neighboring business
and a residential property and claims can be expected to be filed against the
loses.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following information from the Corporation
Counsel, Division of Community Revitalization, and the Comptroller's Office:
l. What is the step-by-step procedure for demolition of a dilapidated
building?
2. How many buildings are there presently on the demolition list?
3. What is the time-frame for demolition of a building?
4. What suggestions can be made to speed up the demolition process, especially
when there is a clear hazard to the surrounding community.
ADOPTED.
No.149
BY: MR. COPPOLA
REQUEST CHANGE IN
HANDICAPPED PARKING
IN DELAWARE PARK
WHEREAS: In its continuing efforts to improve safety in Delaware
Park, the Delaware Park Steering Committee has requested an improvement in the
handicapped parking signage along the Ring Road; and
WHEREAS: The specially dedicated spaces for handicapped persons near the
Juicery in Delaware Park are currently located on crushed stone in the parking
lot; and
WHEREAS: It would better serve disabled persons if the dedicated spaces for
handicapped parking were located on the Ring Road near the barricades south of
the Meadow Road exit.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Public Works Division of
Traffic Engineering take the necessary steps to change the handicapped parking
in Delaware Park, which is presently located in the parking lot near the
Juicery, to the area near the barricades south of the Meadow Road exit.
BE IT FURTHER RESOLVED THAT
Council Staff refer this item to the Advocacy Office for Persons With
Handicapping Conditions, the Deputy Commissioner of Parks, and the Director of
Parking Enforcement.
ADOPTED.
No.150
BY: MR. COPPOLA
SUPPORT FEDERAL LEGISLATION ON COMBINED
SEWER OVERFLOW CONTROL SYSTEMS
WHEREAS: Like Buffalo, more than 1,200 communities across the nation
have combined sewer systems carrying both sanitary sewage and stormwater, with
most being built before treatment of wastewater was even contemplated; and
WHEREAS: These systems become overloaded during major rainstorms causing
overflows of both stormwater and sanitary sewage to surface waters; and
WHEREAS: Legislation will be introduced in the House of Representatives
after the July 4th recess which will amend section 402 of the Clean Water Act
to establish a comprehensive program for the regulation of combined sewer
overflow systems; and
WHEREAS: This legislation will:
1. Require immediate actions to eliminate dry-weather discharges, bring
wastewater treatment plants and conveyance systems into maximum use, and
maintain proper operation and maintenance of the entire wastewater system;
2. Direct cities to conduct sewer studies to develop a control plan within the
time frame established by the EPA;
3. Require cities to use either a technology-based or water-quality based
approach in their combined sewer overflow control plan, whichever is more
stringent;
4. Sets up flexible timetable for compliance depending on unique city program
and on funding requirements and capabilities;
5. Provides for grant funding;
6. Puts control programs in place as local, state, and federal monies are
available;
7. Provides a reasonable, rational, site-specific, and funded solution to
combined sewer overflow control; and
8. This legislation is pro-environment because it encourages cities to take
the initiative rather than waiting for federal mandate, provides flexibility
for cities to develop achievable and reasonable control requirements, assures
limited funds will be directed where they will achieve the greatest
water-quality benefits, and shares the cost for a control program among all
levels of government rather than imposing total cost on local government alone.
WHEREAS: Current Senate proposals would force local governments to use their
limited borrowing capacity on combined sewer overflow control to the exclusion
of other important local needs such as schools, roads, and other publicly
financed projects.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council is in support of federal legislation which would amend
section 402 of the Clean Water Act allowing for combined sever overflow control
which will create a realistic and workable regulatory program that recognizes
the enormous costs and need to design and implement these controls.
BE IT FURTHER RESOLVED THAT
The City Clerk send certified copies of this resolution to the Western New York
Congressional representatives.
ADOPTED.
No.151
BY: MR. COPPOLA and FAHEY
CITY OF BUFFALO
LOCAL LAW NO ________ (1991)
INTRODUCTORY NO.18(1991)
A LOCAL LAW amending section four hundred fifty-nine of article
twenty-four of the charter of the city of Buffalo, in relation to electing a
retirement incentive program as authorized by Chapter 178, Laws of 1991 for the
eligible employees of the city of Buffalo.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section l. That section four hundred fifty-nine of article twenty-four
of the charter of the city of Buffalo, adopted pursuant to law, be amended by
adding a new subsection (c) as follows:
Sec. 459-c. Early Retirement Incentive.
(l) The City of Buffalo hereby elects to provide all its eligible employees
with a retirement incentive program authorized by Chapter 178, Laws of 1991.
(2) The commencement date of the retirement incentive program shall be
October 1, 1991.
(3) The open period during which eligible employees may retire and receive
the additional retirement benefit shall be ninety (90) days in length.
(4) The actuarial present value of the additional retirement benefits payable
pursuant to the provisions of this local law shall be funded over a five-year
period. The amount of the annual payment in each of the five years shall be
determined by the actuary of the New York State and Local Employee's Retirement
System and it shall be paid by the City of Buffalo for each employee who
receives the retirement benefits under this Local Law.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
LAID ON THE TABLE.
No.152
BY: MR. FAHEY
GRANT-IN-AID CONTRACT FOR 1991-92
WHEREAS: The 1991-92 City of Buffalo Fiscal Year has begun, and
it is time to begin the process of disbursing grant-in-aid funding to eligible
organizations; and
WHEREAS: It is important to have appropriate boilerplate contract for use by
the city for the appropriation of grant-in-aid funds;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council approves the use of the 1990-91 Grant-In-Aid contract
for use in 1991-92 with the amendments proposed by the City Comptroller and
approved by the Common Council on April 2, 1991, as attached to this item.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- COLLINS-1.
No.153
BY MESSRS FAHEY, COLLINS, COPPOLA
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR FLARE NEW HOUSING PROGRAM COMMUNITY
WIDE URBAN RENEWAL HOMESTEAD PROGRAM
WHEREAS, Belmont Shelter, Corp. and/or other legal entity to be
formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the" City of 'Buffalo' Urban Renewal Agency (herein referred to
as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of ten (10) residential units of new
housing known as the FLARE New Housing Program 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:
1. 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
12th day of July 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 p.m. in the Council Chambers
on the 23th day of July 1991.
ADOPTED.
No.154
BY: MR. FRANCZYK
TRANSFER OF SCHOOL 62 TO BURA
WHEREAS: A portion of former School 62, located at Urban and Moselle
Streets, remains in the possession of the City Department of Real Estate; and,
WHEREAS: A development proposal has been completed by the Division of
Community Revitalization and the Broadway-Fillmore Neighborhood Housing
Services that would reconstruct the building for use as low-income housing and
a community center; and,
WHEREAS: The rest of the premises is currently being converted 'to
low-income apartments by Community Revitalization and the Broadway-Fillmore
NHS; and,
WHEREAS: A transfer of the remaining portion is an important part of the
plan to reuse that section of the former school, which is currently standing
vacant and is deteriorating due to a leaking roof.
NOW THEREFOR BE IT RESOLVED:
That this Common Council authorizes the transfer of the remaining portion of
the premises of former School 62 that are under the jurisdiction of the
Division of Real Estate to the Buffalo Urban Renewal Agency, so that
reconstruction of the building into low-income housing and a community center
can begin as soon as possible.
PASSED
AYES-13 NOES-0.
No.155
BY: MESSRS. HIGGINS, FRANCZYK AND FAHEY
MEMORIALIZE STATE LEGISLATURE AGAINST PASSAGE OF S 6283 AND A
8748 - PERMIT NEW NUCLEAR WASTE DISPOSAL AT WEST VALLEY
WHEREAS: New York State is currently searching for a site for the
storage and disposal of radioactive waste and there is a serious effort being
mounted to locate the facility in West Valley; and
WHEREAS: Since 1963, West Valley has been home to various efforts to store
and dispose of radioactive wastes which have resulted in several incidents of
wastes leaking into groundwater from trenches and barrels; and
WHEREAS: West Valley is currently the site of a multi billion dollar
demonstration project under which liquid wastes are being solidified for
eventual "permanent disposal" elsewhere; and
WHEREAS: Under the demonstration project agreement, the storage of any
additional radioactive waste at West Valley is not permitted and it is
important that adequate space be reserved at the site for the demonstration
project; and
WHEREAS: In 1986, as part of the the Low-Level Radioactive Waste Siting Law,
the State banned the use of West Valley as a dumping ground for any additional
radioactive waste; and
WHEREAS: In 1990, in an effort to step back from the siting process and
accommodate public concerns, the Legislature passed one bill which required
selection of a disposal technology before a site is picked, and another bill
requiring a study of the feasibility of On-Site Storage for radioactive wastes;
and
WHEREAS: A secretly negotiated deal has recently emerged under which West
Valley would again be opened up for new radioactive wastes; and
WHEREAS: This deal would violate the terms of the 1986 and 1990 bills
mentioned above, subvert the democratic process if adopted on its current
timetable, further open Western New York to the danger of radioactive
contamination, reinforce this area's image as the waste dump of the Northeast,
and possibly interfere with the success of the Federal Demonstration Project;
and
WHEREAS: Although the City of Buffalo would open itself up to potential
radioactive contamination of its water supply, the increased possibility of an
accident involving nuclear waste being transported through the city, and the
possibility of being downwind from a nuclear waste incinerator, Buffalo has had
no input on the proposed deal and would not reap any of the benefits which have
been promised to the Town of Ashford;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby urges the New York State Legislature to reject S
6283 and A 8748 and to continue with the more sensible approach of determining
a method of disposal before choosing a site; and
BE IT FURTHER RESOLVED THAT:
It has been estimated that the conservation of electricity could be an
economical way of eliminating the need for nuclear power and its attendant
waste disposal problems and this Council urges state policy makers to
thoroughly explore the option of conservation; and
BE IT FURTHER RESOLVED THAT:
This Council hereby directs the City Clerk to send certified copies of this
memorialization to Governor Cuomo, the Clerk of the Assembly, the Secretary of
the Senate, the members of the Western New York Legislative delegation and the
Ashland Town Board.
ADOPTED.
No.156
BY: MRS. LOTEMPIO
APPOINTMENT OF LEGISLATIVE ASSISTANT
TO THE COMMON COUNCIL
NOW, THEREFORE BE IT RESOLVED:
That Joseph S. Bongiovanni of 221 Lovering Avenue, Buffalo, New York 14216, be
appointed to the Council Staff office in the position of Legislative Assistant,
effective July 9, 1991.
ADOPTED.
No.157
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
40-1 DIVISION OF ENGINEERING
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-1 Division of Engineering, under the subheading "021 -
Administrative Services" is hereby amended by adding thereto:
l City Engineer $49,612
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance 15 necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the creation of one (l)
City Engineer position is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said position be fixed at the respective amount set forth in
the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
This ordinance shall be effective retroactive July l, 1991.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI-12
NOES- ARTHUR-1.
No.158
BY: MR. PITTS
ERECT BANNERS - "RALLY IN THE ALLEY"
WHEREAS: The "Rally in the Alley" is an annual event to raise funds
for a designated charitable organization; and
WHEREAS: This year's "Rally," to benefit the Cystic Fibrosis Foundation of
Western New York Inc., will be held on Sunday, July 28, 1991, at 285 Delaware
Avenue; and
WHEREAS: In order to promote the event, the sponsors request permission to
erect banners at Delaware and North, and at Elmwood and Forest; and
WHEREAS: Each banner will be on display from July 9th through July 30, 1991;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council authorizes the "Rally in the Alley" to erect banners
across Delaware Avenue at North and at Elmwood and Forest; and
BE IT FURTHER RESOLVED:
That permission be subject to conditions set forth by the Commissioner of
Public Works.
PASSED
AYES-13 NOES-0.
No.159
BY: MR. PITTS
Results of Private Sale - 290, 294,296,298 and 306 Broadway
That the communication from The Buffalo Enterprise Development
Corporation, dated July 2, 1991, be received and filed; and
That the offer of Raymond A. and Kathleen A. Wellenc, 14 Carriage Hill
East, Williamsville, New York 14221, in the sum of Eleven Thousand Five Hundred
Dollars ($11,500), to purchase the property located at 290, 294, 296, 298, and
306 Broadway, be and hereby is accepted; and
That transfer tax and legal description costs 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.
No.160
BY: MR. RUTECKI
DEVELOP R.F.P. - NAMING RIGHTS FOR NEW ARENA
WHEREAS: The City of Buffalo is in the process of reviewing proposals
to develop a new arena in downtown Buffalo; and
WHEREAS: Projected costs to develop an arena range from $108 million to $124
million; and
WHEREAS: The Buffalo Sabres, who will be the prime tenant of the new arena
have disclosed a willingness to contribute $40 million toward the project; and
WHEREAS: Current fiscal and economic conditions severely hamper the ability
of government to finance such projects alone; and
WHEREAS: The balance of the cost of the project must be creatively finance
in a joint effort of public and private bodies; and
WHEREAS: A potential source of revenue to assist the project would be the
sale of arena naming rights; and
WHEREAS: A recent article in the Philadelphia Inquirer, citing industry
experts, projects the current value of naming rights for major sports arenas at
approximately one-half to three quarters of a million dollars annually; and
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that Development Downtown Inc. and/or the
Department of Community Development prepare a Request for Proposal for the
naming rights of the proposed new downtown sports/entertainment arena.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE
No.161
BY: MR. RUTECKI
ORDINANCE AMENDMENT
CHAPTER 511.4(A) - ADULT BOOKSTORE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 511.4(A) of Article II of Chapter 511 of the Code of the
City of Buffalo be amended to read as follows:
A. ADULT BOOKSTORE - An establishment having, as a substantial or
significant portion of its stock-in trade, books, magazines [and other] ,
periodicals, or video tapes for sale, rent, or on premises viewing, any of
which [are distinguished or relating to] contain specified sexual activities or
specified anatomical areas, as defined below, or an establishment with a
segment or section devoted to the sale or display of such material.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
NOTE: Matter in brackets [ to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No.162
BY MR. RUTECKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Polish American Historical Association
By Councilmembers Franczyk, Bakos and Rutecki
Felicitation for Barbara Glover
By Councilmember Clifford Bell
Felicitation for George and Florence Leonard
By Councilmember Collins
Felicitation for Women for Human Rights and Dignity, Inc. By
Councilmember Collins
Felicitation for Mary Ellen Barrett Robinson
By Councilmembers Arthur and Perla
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.163
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:
Clara J. La Belle
TOTAL: 1
ADOPTED.
No.164
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:
Suzanne L. Bissonette
Charlie L. Brown
Salvatore Butera
Charles L. Davis
James D. Griffin
Phyllis Gulino
Richard McClure
Elizabeth Dingeldey
Sallie G. Randolph
Charles A. Sanders
Carol Streiff
Barbara S. Ware-House
Donald R. Watkins
Sammie D. West
Demetrik J. Young
TOTAL:15
ADOPTED.
No.165
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CLAIMS Tuesday, July 16, 1991 9:00 AM
CIVIL SERVICE Tuesday, JULY 16, 1991 9:30 AM
FINANCE Tuesday, JULY 16, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, JULY 16, 1991 2:00 PM
ECONOMIC DEV. Wednesday, July 17, 1991, 10:00 AM
No.166
Adjournment
On motion by Mr. Fahey, Seconded by Mr. PerIa the council adjourned
at 4:21P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.