HomeMy WebLinkAbout91-0723
1No.15
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 23, 1991
Pension Meeting, July 26, 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 23, 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 July 9, 1991, and the special meeting held on July 17, 1991, were
approved
No. 1
FROM THE MAYOR
Veto Message
Grant- In- Aid Contract for 1991-92
Item No. 152, C.C.P., July 9, 1991
This item approves a form of contract for Grants-In-Aid which
does not include the protection against the risk of termination of funding.
The Department of Administration and Finance had proposed that the City's
obligation under these contracts be conditioned on the availability of funds.
Upon the determination of the Director of Budget that such funds were not
available, the City's obligation would terminate. The elimination of this
protection imperils the City in these uncertain financial times. I am
compelled, therefore, to veto this item.
Mr. Fahey moved to override the Mayor's Veto of Item No. 152, C.C.P.,
7/9/91,-Grant- in- Aid contracts for 1991-1992.
Seconded by Mr. Coppola
REPASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12.
NOES- COPPOLA- 1.
No. 2
HURD PROPERTY TAX REFUND CASE
I hereby submit to your honorable body a resolution which, if
approved, would authorize a final court settlement and a funding agreement in
the HURD property tax refund case. The court settlement and funding agreement
would allow the City to make refunds to the 57,614 valid claimants in the case.
It is anticipated that under the funding agreement with the Municipal
Bond Bank a bond can be sold in mid-October and refunds made shortly
thereafter.
RECEIVED AND FILED
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 3
Arcade Cinema Group - Permission
to enclose an existing sidewalk cafe
at 643 Main Street.
Item No. 75, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991, considered the above request pursuant to Section 443-1 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant seeks to enclose an 11 foot by 61.5 foot area of the
right-of-way of Main Street in the Main Street Transit Mall in order to expand
an existing restaurant.
The site is located in the DO zone which permits such uses and is also in
the Theater Preservation District. The Buffalo Preservation Board, at its July
11, 1991 meeting, approved the proposed encroachment which it considers an
unlisted action for which they have prepared a negative declaration.
Given this, the Planning Board voted to approve the encroachment on the
condition that after a two-year period the applicant's fee for the use of the
right-of-way be renegotiated.
RECEIVED AND FILED.
No. 4
T. Lu - Application to convert a portion of a two- story building to a sit-in
restaurant at 2272 Seneca Street.
Item No. 95, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991 considered the above application pursuant to Section 511-64 of the
Buffalo Code, the Seneca Street Special Zoning District.
The applicant seeks to convert a portion of an existing two- story
building into a take-out restaurant. The gross floor area involved in the
restaurant conversion is approximately 1280 square feet. An accessory sign is
also proposed.
The site is located in the Seneca Street Special Zoning District which
considers such uses to be restricted and therefore requiring the approval of
Your Honorable Body. Under S.E.Q.R., the project is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant with an
accessory sign not to exceed 35 square feet in area.
RECEIVED AND FILED.
No. 5
Stop-N-Go Foods Inc. - Request
to place a pole sign at 211 Niagara.
Item No. 96, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991, considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to place an illuminated accessory sign with a sign
face area of 74 3/4 square feet (6 1/2 feet by 1 1/2 feet) and an overall
height of 20 feet. The proposed sign will replace an existing pole sign.
The site is located in a CM zone which permits such signage. Under
S.E.Q.R., it is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 6
Stop-N-Go Foods Inc. - Application to erect pole sign
at 1301 Hertel Ave.
Item No. 98, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991 considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to place an accessory, illuminated pole sign
measuring 74 3/4 square feet in area (6 112 feet by 11 1/2 feet) and 20 feet in
overall height. The proposed sign will replace an existing pole sign.
The site is located in a C2 zone which permits such signs. Under S.E.Q.R.
it is considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 7
Berkshire Avenue Chapel - Application to erect a ground sign at 475 Berkshire
Item No. 99, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July 16,
1991 considered the above application pursuant to Section 387-19 of the Buffalo
Code, Review of Ground Signs.
The applicant seeks to erect an illuminated accessory sign which would
identify a religious institution. The proposed sign would have a sign face
area of 24 square feet (6 feet by 4 feet) and an overall height of 7 1/2 feet.
The ground sign will be placed on a raised brick planter which will be
landscaped.
The site is located in an R2 zone which permits such signage for
religious institutions upon the approval of Your Honorable Body (see 511-16,
H). Under S.E.Q.R. the proposed sign is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 8
J. Lombardo - Application to establish
take-out food service at 2097 Seneca Street.
Item No. 100, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991 considered the above application pursuant to Section 511-64 of the
Buffalo Code, Seneca Street Special Zoning District.
The applicant seeks to use a portion of an existing convenience store for
a take-out food counter.
The Seneca Street district considers such functions to be restricted uses
which require the approval of Your Honorable Body. Under S.E.Q.R. the proposed
use is considered a Type II action which does not require further environmental
review since the proposed take-out counter is accessory to an existing use.
The Planning Board voted to approve the proposed take-out food service.
RECEIVED AND FILED.
No. 9
Sorrento Cheese Co. - Petition to rezone 67-71 Leland Drive from R2 to CM
Item No. 94, C.C.P., July 9, 1991
The City Planning Board at its regular meeting held Tuesday, July
16, 1991 considered the above petition pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone two residentially zoned lots with a total
area of 8400 square feet to a CM zone classification. The proposed rezoning
will facilitate the construction of a building addition to provide a packaging
room for dairy products generated by the plant.
Concerns were raised by Board members over the possibility that the
proposed rezoning would allow traffic related to the petitioner's cheese
factory which would disrupt the residential character of Leland Drive. Also,
concerns were raised about the provision for a landscaped buffer between a
newly created CM zone and the adjoining R2 fabric.
The applicant, however, informed the Board that no vehicular access to or
from Leland Avenue is being proposed for the new building except for the
provision of an emergency exit for the new building. With regard to the
concerns for a buffer, the members were reminded that whenever a "C" zone
touches the side line of any " R" zone a transitional side yard is mandated by
the Buffalo Code (See Sections 511-30 A. (3) and 511-42 A. of the Buffalo
Code).
Having satisfied their concerns the Board voted to approve the proposed
rezoning. It should also be noted that under S.E.Q.R. the proposed rezoning is
considered an unlisted action which may be studied through uncoordinated
review.
RECEIVED AND FILED.
No. 10
G. Buchanan - Application to convert a portion of a retail store to a tattoo
parlor at 67 Elmwood Ave..
Item No. 96, C.C.P., June 25, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991, considered the above application pursuant to Section 511-56 of the
Buffalo Code -the Elmwood Avenue Business District.
The applicant seeks to use 360 square feet of an existing 1,560 square
foot retail store for a tattoo parlor.
The site is located in the EB district which considers tattoo parlors
over 2500 square feet to be a restricted use requiring the approval of the Your
Honorable Body.
In this instance, the floor area of the proposed tattoo parlor is
significantly less than that amount and therefore permitted under the EB zone.
Under S.E.Q.R., the proposed tattoo parlor is a Type II action since it is
accessory to a permitted use and does not require further environmental review.
The Planning Board voted to approve the proposed tattoo parlor.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 11
Stop-N-Go Foods Inc. - Application to place a pole sign at
563 Niagara St.
Item No. 97, C.C.P., July 9, 1991.
The City Planning Board at its regular meeting held Tuesday, July
16, 1991, considered the above application pursuant to Section 387-19 of the
Buffalo Code.
The applicant seeks to place an illuminated, accessory, pole sign
measuring 6 1/2 feet by 11 112 feet, or 74 314 square feet and 20 feet in
overall height. The proposed sign will replace an existing pole sign.
The site is located in a C2 zone which permits such signs. Under
S.E.Q.R., the proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed pole sign.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 12
Citizen's Environmental
Coalition - Waste Disposal
Site Remedial Program
Item No. 79, C.C.P. 6/25/91
The Environmental Management Commission, at its July 9 meeting,
reviewed C.C.P. Item 79 6/25/91, which consists of the Citizen's Environmental
Coalition's comments on draft State regulations governing waste site clean-up.
The Commission agrees with the general notion that public input into the
inactive hazardous waste site remedial process needs to be enhanced. The
Commission, however, also recognizes that regulatory and other aspects of the
remedial program are complex. It believes it reasonable that it not make
comments on comments until it has fully examined all aspects of waste site
issues, and, to that end, looks forward to participating in the new City of
Buffalo Inactive Hazardous Waste Site Task Force.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMPTROLLER
No. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS-CAPITAL PROJECT
DIVISION OF DEVELOPMENT
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $14,394 be transferred and reappropriated from various accounts
in Appropriation Allotments- Capital Projects Fund, as set forth below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will not be needed at this time for the
purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, JULY 17, 1991
RECEIVED AND FILED
No. 14
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DIVISION FOR YOUTH
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $63,797 in the estimates for the fiscal year beginning July 1,
1991 is necessary in Appropriation Allotments - Division For Youth to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from an increase in
the revenue account 100-506-403-85755 - Youth Bureau Program not otherwise
appropriated for any other purpose.
DATED: BUFFALO, NEW YORK, JULY 16,1991
RECEIVED AND FILED.
No. 15
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
ENTERPRISE FUND - WATER
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $400,000 in the estimates for the fiscal year beginning July 1, 1991
is necessary in Appropriation Allotments - Enterprise Fund - Water to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from an increase in
the revenue account 410-980-402-96108 Transfer from General Fund City not
otherwise appropriated for any other purpose.
DATED: BUFFALO, NEW YORK, JULY 15,1991
RECEIVED AND FILED.
No. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
VARIOUS DEPARTMENTS
GENERAL CITY CHARGES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $5,129,832. in the estimates for the fiscal year beginning July
1,1991 is necessary in Appropriation Allotments - Various Departments and
General City Charges to meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of increased appropriation
will be met from an increase in Revenue accounts 100-810-403-85940 Supplemental
Aid to Local Governments and 100-810-403-85950 Emergency Financial Aid to
Certain Cities, not otherwise appropriated for any other purpose. 1
DATED: BUFFALO, NEW YORK, JULY , 1991
RECEIVED AND FILED.
No. 17
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
BOARD OF EDUCATION
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $7,691,264 in the estimates for the fiscal year beginning July
1,1991 is necessary in Appropriation Allotments - Board of Education to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased Appropriation will be met from an increase in
the Revenue accounts as listed below, not otherwise appropriated for any other
purpose.
DATED: BUFFALO, NEW YORK, JULY 15,1991
RECEIVED AND FILED.
No. 18
Interfund Cash Loans 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 three requests for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $150,000 for
Improvements to the Ontario Boat Launch, $235,000 for the Construction of
Schiller Park Senior Center Addition and $600,000 for the Purchase of a
Computer Aided Dispatch System for the Police Department. The loans will be
repaid when bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 General 200 Capital Proj 200-601-038 BAN/ Bond Sale $150,000
100 General 200 Capital Proj 200-717-066 BAN/Bond Sale 235,000
100 General 200 Capital Proj 200-101-032 BAN/Bond Sale 600,000
MR. FAHEY moved:
That the communication from the Comptroller dated July 23, 1991 be
received and filed; and
That the Comptroller be and he hereby is authorized to make interfund
cash loans from the General Fund to the Capital Projects Fund in the amount of
$150,000 for improvements to the Ontario Boat Launch, $235,000.00 for the
construction of a Schiller Park Senior Center addition and $600,000 for the
purchase of a Computer Aided Dispatch System for the Police Department.
PASSED.
AYES- 13 NOES- 0.
No. 19
Appointments of City Accountant
and City Auditor
Please be advised that I am appointing City Auditor James S. Pajak
of 79 Frank Avenue, Buffalo, New York 14210 as City Accountant effective July
22, 1991. Mr. Pajak is highly qualified to hold this position. He has a
Bachelor of Science Degree in Accounting from Canisius College. He has held
various accounting and auditing titles in this department since June 1972.
I am also appointing Mr. Richard C. Pawarski of 410 Curtiss Street,
Buffalo, New York 14212 to the position of City Auditor. He is an attorney and
a CPA who has served in the District Attorney's office for more than two and a
half years. He holds degrees from Canisius College, Ohio Northern University
and The State University of New York at Buffalo.
These appointments will allow the Department of Audit and Control to
Continue its high level of service-to the citizens of Buffalo.
RECEIVED AND FILED.
No. 20
Appointment of John P. Hannon, Jr. Real Estate Director
Please be advised that effective July 16, 1991 I have appointed
John P. Hannon, Jr. as Director of Real Estate for the City of Buffalo.
Mr. Hannon had formerly served as Assistant Director and brings to this
position a wealth of experience that includes the following. He has worked in
the real estate business since 1971 and has been a licensed broker since 1973.
In addition to 20 years overall experience in the real estate field, Mr.
Hannon has functioned as both a residential and commercial appraiser and will
be well versed in that discipline as he will now serve, by virtue of this
appointment, as an ex-officio member of newly reestablished Appraisal Review
Board.
In addition to the above he has worked in the Assessor's Office and is
very familiar with that part of the operation that will impact on his new
duties.
Lastly, as a former Legislative Assistant to Your Honorable Body, he is
aware of the need to keep the Council informed on real estate matters affecting
the City as a whole in addition to the sensitivity required on District
matters.
RECEIVED AND FILED.
No. 21
Option Renewal
Lease Agreement Between the
City of Buffalo and S.M. Flickinger, Inc.
This item is being submitted as a point of information.
Pursuant to Item # 153, C.C.P. October 4, 1983, Your Honorable Body
authorized the leasing of 416 Kenmore Avenue to S.M. Flickinger Company, Inc.
This lease agreement ran for a five year term commencing October 1, 1983
through September 30, 1988, with one year renewal options.
This office has received a request from Mr. William T. Bishop, President
of Scrivner, Regional Office/Flickinger Group requesting to exercise their
option to renew said lease as stated in provision 9 of their lease agreement.
The lease states that upon the expiration of the five year term, the lessee
shall have one year renewal options of this lease upon written notice within
sixty days prior to the expiration. The lessee has fully satisfied provision
9.
The renewal will commence October 1, 1991 and expire on September 30,
1992.
This office recommends Your Honorable Body's authorization to allow S.M.
Flickinger Company, Inc. to exercise their option to renew this lease under the
present terms and conditions.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 22
Results of Negotiations
2050 Genesee
Item #202, C.C.P. 12/11/90
Item #185, C.C.P. 5/28/91
Item #101, C.C.P. 6/11/91
Your Honorable Body authorized the Office of the Comptroller to
prepare the necessary documents for the acquisition of 2038-2050 Genesee
Street, Buffalo, New York, Item #101, C.C.P. 6/11/91.
The subject property consists of a 14,000 square foot one story concrete
block building and is situated on approximately 1.6 acres of land. The
property is owned by Peter Polk and Walter Polikolsky. They own and operate the
Polk Furniture Company at the subject location. The property is in excellent
condition and is assessed at $64,400 for land and $145,200 for improvement
($209,600 total assessed value). The owners were asking $350,000 for the
property.
Two independent appraisals of the property were prepared by Bronstein
Appraisal Service, 3666 Main Street, Buffalo, New York 14226 and Frank A.
Pirritano, 745 Center Road, West Seneca, New York 14224. Both appraisers, after
applying the various approaches to market value, have estimated the fair market
value of the subject property to be Three Hundred Thousand Dollars ($300,000).
The results of our negotiations are that the owners have agreed to sell
the property to the City of Buffalo for Three Hundred Thousand Dollars
($300,000). Monies for the purchase will be made available through Community
Development Block Grant Funds appropriated in the 1991-1992 Budget. The
Buffalo Urban Renewal Agency is scheduled to approve the transfer of funds to
the City, for the purchase, at their July 25th, 1991 meeting.
I am recommending that Your Honorable Body authorize the purchase of
2038-2050 Genesee Street in the amount of Three Hundred Thousand Dollars,
($300,000) and authorize the Corporation Counsel to prepare the necessary
purchase agreement and documents for closing.
MR. FAHEY moved:
That the communication from the Comptroller dated July 17, 1991 be
received and filed;
That the Corporation Counsel be and he hereby is authorized to prepare a
purchase agreement and necessary documents for closing for the acquisition of
2038-2050 Genesee Street at a cost of $300,000.
PASSED.
AYES- 13 NOES- 0.
No. 23
1570-1574 Fillmore Avenue
Rescind Sale and Permission
to Negotiate
Your Honorable Body authorized the transfer of 1570 and 1574 Fillmore
Avenue to St. Augustine's Center, Item #110, C.C.P. 1/24/89. Conditions of the
transfer required St. Augustine's to submit to the Common Council plans for
development of this property as low-cost housing geared to the homeless. In
December of 1990 Mr. Carl Johnson from St. Augustine's Center informed the
Division of Real Estate that the plans for housing did not materialize.
The Division of Real Estate now has a request from the Reverend Marvin W.
Robinson, Evening Star Church of God in Christ to purchase these two parcels.
These parcels adjoin the church and they intend to improve these lots for
church parking.
I am, therefore, recommending that Your Honorable Body rescind the
s's Center and
transfer of title to 1570 and 1574 Fillmore Avenue to St. Augustine
authorize the Comptroller to negotiate a private sale with Reverend Marvin W. Robinson, Evening Star Church of God in
Christ, 1552 Fillmore Avenue, Buffalo, New York 14211.
MR. FAHEY moved:
That the communication from the Comptroller dated July 19, 1991 be
received and filed; and
That the action of the Common Council under Item No. 110, C.C.P., 1/24/89
authorizing the sale of 1570-1574 Fillmore Avenue to St. Augustine's Center be
and the same hereby is rescinded, any deposit is forfeited and the premises
returned to the Comptroller; and
That the Comptroller be and he hereby is authorized to negotiate a
private sale for the subject premises with the Rev. Marvin W. Robinson, Evening
Star Church of God in Christ and to report the results of such negotiations to
this Common Council.
PASSED.
AYES- 13 NOES- 0.
No. 24
Rescind Condition of Sale
1512-1514 Jefferson Avenue
Item #84, C.C.P. 6/25/91
Item #20, C.C.P. 7/9/91
Item #44, C.C.P. 7/9/91
The following is a report and my recommendations regarding the
above items. I met with the representatives of 1490 Enterprises, Inc. with
respect to their request to Your Honorable Body to rescind the conditions
placed on the sale of the above captioned property.
First of all, 1512-1514 Jefferson Avenue was acquired by the City through
In Rem last year. The property is improved with a 12,100 square foot warehouse
in poor condition. There has been no interest expressed in this property
except for the proposal of 1490 Enterprises, Inc. The low bid obtained by the
City for the demolition of the structure is estimated at $25,000.
Secondly, 1490 Enterprises, Inc. will construct housing for the elderly
and absorb the demolition cost as part of the project cost eliminating the City
from having to incur this expense. 1490 Enterprises, Inc. must own the property
before HUD will commit funding for the project.
Finally, I am sure that Your Honorable Body will agree that this project
will provide needed housing for the elderly and eliminate an eyesore from the
community. Further, I do not believe that the City will gain any additional
revenue above $25,000 through the sale of the vacant parcel, if the City were
to incur the demolition.
I am recommending that Your Honorable Body approve the request of 1490
Enterprises, Inc., to rescind the conditions placed on the sale and transfer
the title for One Dollar ($1.00).
RECEIVED AND FILED.
No. 25
Permission to Negotiate
302 Utica East
N 86' E Welker
Lot Size: 32' x 98'
Assessed Valuation: $700
The Office of the Comptroller, Division of Real Estate, has received
a request from Brother Cyprus Hines on behalf of the Word of Faith Church of
God in Christ of 297 E. Utica Street, Buffalo, New York to purchase the above
referenced property.
The Word of Faith Church of God In Christ wishes to purchase the subject
property for off-street parking purposes for the church.
The Department of Inspections and Community Revitalization have been
contacted and they have no objection to the sale of this property providing the
parking lot is paved, graded and drained as per Chapter LXX, Section 17B(3).
The Tax Office has been notified and there are no outstanding taxes
and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of the negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated July 22, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Brother Cyprus Hines on behalf of the Word of Faith Church of God in Christ,
297 E. Utica Street, Buffalo, New York for the private sale of 302 Utica East
and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 26
Results of Negotiations
1213 Michigan, E 150 N Dodge
Vacant Lot: 30' x 125'
Assessed Valuation: $1,200
1215 Michigan, E 180' N Dodge
Vacant Lot: 30' x 125'
Assessed Valuation: $1,300
Item #87, C.C.P. 5/28/91
Your Honorable authorized the Comptroller to enter into a private
sale with St. Mark's Church of God in Christ, 1221 Michigan Avenue, Buffalo,
New York for the above captioned properties. The subject parcels are adjacent
to the Church and will be improved with a paved parking lot.
An independent appraisal of both properties was conducted by William J.
Gillespie, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New York
14215. He has estimated the value of 1213 Michigan Avenue to be Seventeen
Hundred Dollars ($1,700) and Thirteen Hundred Dollars ($1,300) for 1215
Michigan. The Division of Real Estate concurs with these estimates of value.
The results of our negotiations are that Reverend James A. Kirkwood, on
behalf 'of St. Mark's Church of God In Christ, has agreed and is prepared to
pay Twenty-One Hundred Dollars ($2,100) for the subject property. The offer,
although somewhat less than the appraised value, is based on the fact that
there exists foundations from the previous improvement on the property that
will have to be removed in order to install the parking lot. They will also
pay for the cost of the appraisal, transfer tax and deed description.
I am recommending that Your Honorable Body approve the sale of 1213 and
1215 Michigan Avenue, Buffalo, Hew York to St. Mark's Church of God In Christ,
1221 Michigan Avenue in the amount of Twenty-One Hundred Dollars ($2,100).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of St. Mark's Church of God in Christ, 1221 Michigan
Avenue, Buffalo, New York in the sum of $2,100.00 to purchase: 1213 Michigan
and 1215 Michigan be and hereby is accepted; and
That the appraisal report and transfer tax requested by the City, will be
paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES- 13 NOES- 0.
No. 27
Sale - Ellicott/Clinton
Surface Area
Item #56, C.C.P. 7/9/91
You have asked if this office was involved with the sale of the
above referenced property? Please be advised that commencing with Item #82,
C.C.P. 10/16/90, which Your Honorable Body ultimately approved through Items
#185 and 186, C.C.P. 11/27/90 that this entire transaction was handled by and
through Laurence K. Robin, Commissioner of Community Development.
Two (2) facets of this transaction prompted this office to offer the
following advice. There appears to be a misunderstanding as to the number of
parking spaces that the developer will provide at market rates to compensate
for the loss of purely public parking. Item #5, C.C.P. 10/30/90 speaks to 400
spaces and Item #82, C.C.P. 10/16/90 provides for "at least 500" spaces, a
clarification is needed.
Lastly, because of the magnitude of this transaction, namely $2,000,000
indicated as the purchase offer to the City, Your Honorable Body may wish to
refer the appraisals to the recently reestablished Appraisal Review Board.
Their valuable input could be of assistance in your deliberations concerning
this matter.
RECEIVED AND FILED.
No. 28
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 22, 1991 in the Department
of Audit and Control, Division of Data Processing
Karen M. Marshall
265 Tacoma Ave., Buffalo, 14216 to the Position of System Support Specialist,
Permanent at the starting salary of $ 34,935.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 29
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 22, 1991, in the Department
of Audit and Control, Division of Data Processing, Thomas M. Cavaretta 88
Mariemont Ave., Buffalo, 14220, to the position of System Support Specialist,
Permanent at the starting salary of $36,275.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 30
Extension of Time on Contract
New Entrance Doors Buffalo & Erie Co.
History Building 25 Nottingham Court
Buffalo, NY
In accordance with the terms of the contract between the City
of Buffalo and Marcon Erectors, Inc. C-91595000, the work should have been
completed by January 23, 1991.
Due to a revision in the shop drawings for the bronze door on this project,
this contractor could not complete the work of this project on time. This is
the first extension of time on this project.
I have granted an extension of time to July 19, 1991 to Marcon Erectors, Inc.
to complete the work of their contract.
RECEIVED AND FILED.
No. 31
EXTENSION OF CONTRACT
CITY CONTRACT NO. 9.1546200
FIRSTRHYME CONSTRUCTION CORP., INC.
In accordance with the terms of the contract between the City
of Buffalo and Firstrhyme Construction Corporation, Inc. for work relating to
the Installation of New Filtered Water Conduit from the Filtration Plant to the
Colonel Ward Pumping Station, Contract No. 15, City Contract No. 91546200, this
office has received a second request for an extension of time.
The original completion date was March 1, 1991. Per Item No. 30 of
Common Council Proceeding of April 30, 1991, an extension of contract was
granted to June 17, 1991.
This second extension of contract is required due to the portion of 90
inch pipe which has been installed having to be removed and reinstalled due to
faulty joint connections.
Accordingly, I have granted a second extension of time in the contract
with Firstrhyme Construction Corporation, Inc. to August 31, 1991. This
extension of time is granted with the understanding that the City reserves the
right to liquidated damages or other possible claims against the contractor
resulting from the extension of this Contract by the City of Buffalo.
RECEIVED AND FILED.
No. 32
MONTHLY REPORT LICENSES ISSUED
JUNE 1991
I am respectfully submitting the enclosed report of licenses issued
in the month of June 1991 by the Division of License.
RECEIVED AND FILED.
No. 33
Permission to Hire a Consultant Design Hennepin Park War Memorial
I respectfully request permission to engage a consultant to design
the Hennepin Park War Memorial Project.
Funds for this project are in C.P.F. 200-402-044.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated July
15, 1991, be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
engage a consultant to design the Hennepin Park War Memorial Project, with said
cost to be charged to CPF 200-402-044 Account.
PASSED.
AYES- 13 NOES- 0.
No. 34
Claim for wages for Andrew Fasciana, 25 Rand St.
Buffalo, NY 14216
Mr. Fasciana was appointed to the Department of Public Works,
Division of Engineering, as a Laborer I (Seasonal) at a rate of $5.98/hr. on
July 8, 1991.
Do to an oversight by this department, Mr. Fasciana's Certificate of
Appointment was not filed until July 11, 1991.
Mr. Fasciana started work in this department on July 8, 1991 and is due wages
for the following dates and amounts indicated.
Monday, July 8, 1991 47.84
Tuesday, July 9, 1991 47.84
Wednesday, July 10, 1991 47.84
143.52
MR. FAHEY moved:
That the communication from Public Works, dated July 11, 1991, be
received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
pay the claim of Andrew Fasciana in the amount of $143.52 for back wages.
PASSED.
AYES- 13 NOES- 0.
No. 35
Claim for wages for Donald Palmer, 202 Vermont St.
Buffalo, NY 14213
Mr. Palmer was appointed to the Department of Public Works, Division
of Engineering, as a Laborer I (Seasonal) at a rate of $5.98/hr. on July 2,
1991.
Do to an oversight by this department, Mr. Palmer's Certificate of Appointment
was not filed until July 11, 1991.
Mr. Palmer started work in this department on Tuesday, July 2, 1991 and is due
wages for the following dates and amounts indicated.
Tuesday, July 2, 1991 47.84
Wednesday, July 3, 1991 47.84
Friday, July 5, 1991 47.84
Monday, July 8, 1991 47.84
Tuesday, July 9, 1991 47.84
Wednesday, July 10, 1991 47.84
287.04
MR. FAHEY moved:
That the communication from Public Works dated July 11, 1991 be received
and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
pay the claim of Donald Palmer in the amount of $287.04 for back wages.
PASSED.
AYES- 13 NOES- 0.
No. 36
Claim for wages for David Morrison, 1127 East Delavan Ave., Buffalo, NY 14215
Mr. Morrison was appointed to the Department of Public Works,
Division of Engineering, as a Laborer I (Seasonal) at a rate of $5.98/hr. on
July 2, 1991.
Do to an oversight by this department, Mr. Morrison's Certificate of
Appointment was not filed until July 11, 1991.
Mr. Morrison started work in this department on Tuesday, July 2, 1991 and is
due wages for the following dates and amounts indicated.
Tuesday, July 2, 1991 47.84
Wednesday, July 3, 1991 47.84
Thursday, July 4, 1991 32.89
Friday, July 5, 1991 53.82
Monday, July 8, 1991 47.84
Tuesday, July 9, 1991 47.84
Wednesday, July 10, 1991 47.84
325.91
MR. FAHEY moved:
That the communication from Public Works, dated July 11, 1991 be received
and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
pay the claim of David Morrison in the amount of $325.91 for back wages.
PASSED.
AYES- 13 NOES- 0.
No. 37
Payment for Stored Materials University Heights Community Center Joseph Carino
Plumbing & Heating, Inc.
The plumbing contractor, Joseph Carino Plumbing & heating
Inc.
- C#916068001 for the new University Heights Community Center has requested prepayment for stored equipment which will be
incorporated into the project. The approximate value of this equipment is:
Bell & Cossett booster pump system $10,880.00
Watts 4" backflow preventor 1,952.00
A. O. Smith domestic hotwater system & tank 12,660.00
Weil submergible sump pump package 546.00
Bradley column showers (4) 6,248.00
J.R. Smith roof drain, floor drains &
specialties 2,367.00
J.R. Smith carriers, cleanouts, wall hydrant 2,972.00
Am Standard fixtures and trim 22,815.00
B & G circulating pump 436.00
Rockford grease trap 1,265.00
$62,141.00
I recommend that your Honorable Body authorize payment of 80% of their invoiced
cost for these materials, but not to exceed $49,712.00 provided that Joseph
Carino Plumbing & Heating
Inc. provide copies of their invoices, proof of possession and an insurance policy
protecting the City of Buffalo against loss, damage or deterioration in the full amount of their invoice.
The contract (#91606800) is currently encumbered against 200-402-518.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 38
Report of Bids -
Graffiti Removal
Masonry Repointing
Dudley Branch Library
2010 South Park Avenue
Buffalo, NY
I asked for and received the following Informal Proposals for
the Graffiti Removal, Masonry Repointing and Protective Coating, Dudley Branch
Library, 2010 South Park Avenue, Buffalo, NY.
Vara-Science, Inc. $6,877.00
Baker Development no bid
Royal Restoration Serv. no bid
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Vara-Science, Inc. in the amount of $6,877.00 is the only
responsible bidder in accordance with the plans and specifications. I recommend
that Your Honorable Body authorize the Commissioner of Public Works to order
the work on the basis of the low bid.
Funds for this work are in B/F 200-402-010 - Division of Buildings.
Estimate for this work was $6,500.00.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Graffiti Removal, Masonry Repainting and Protective
Coating to Vara-Science, Inc., the lowest responsible bidder in the amount of
$6,877.00, with said cost to be charged against the B/F 200-402-010 - Division
of Buildings.
PASSED.
AYES-13 NOES-0.
No. 39
Report of Bids New Electric Service Delaware Park Casino Buffalo, New York
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on July 2, 1991 and received the following sealed
proposals which were publicly opened and read on July 16, 1991.
Weydman Electric, Inc. 23,100.00
CVM Electric 24,489.00
Goodwin Electric 26,815.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Weydman Electric, Inc. in the amount of $23,100.00 is the
lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-092 - Division of Buildings.
Estimate for this work was $20,000.00.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for new electric service at Delaware Park Casino to Weydman
Electric, Inc., the lowest responsible bidder in the amount of $23,100.00, with
said cost to be charged against the B/F 200-402-092 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0
No. 40
Change in Contract
Plumbing Reconstruction of Pools-Various Locations - 1991
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Plumbing Reconstruction of Pools, Various Locations - 1991,
NuMarco, Inc., C9l602500:
Additional work at Kensington, Schiller, Masten, Crowley and a credit at
Massachusetts. See attached breakdown for itemized list.
ADD $3,223.00
These are additional problems that were uncovered between our inspection in
October 1990 and the actual construction during May-June 1991.
The foregoing change results in a net increase in the contract of Three
Thousand Two Hundred Twenty-three and 00/100 Dollars ($3,223.00).
Summary Original Amount of Contract $94,000.00
Amount of this Change (No. l) ADD 3,223.00
Revised Amount of Contract $97,223.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-063 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
YOUR IMMEDIATE APPROVAL OF THIS ITEM IS RESPECTFULLY REQUESTED.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated July
18, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to NuMarco, Inc. in the amount of $3,223.00 for additional
work under contract C91602500 for work relating to plumbing reconstruction of
pools, various locations - 1991, with said cost to be charged against the
Division of Buildings B/F 200-402-063 Account.
PASSED
AYES- 13 NOES- 0
No. 41
258 Ontario Street requests permission to install new facade
Mr. John Washington of Ivy Lea Construction, acting as agent for
Kenton Federal Credit Union, owner of the property located at 258 Ontario
Street
, has requested permission to install a new facade which would encroach city right of way at said address.
The proposed new facade would be attached to the existing building face and
encroach approximately six (6) inches into city right of way.
The Department of Public Works has reviewed Mr. Washington's request pursuant
to Chapter 413-67 (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
required for said installation.
2. That the new facade be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Building.
3. That the new facade extend no more than six (6) inches into city city
right of way.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said facade.
MR. FAHEY moved:
That the communication from Public Works, dated July 17, 1991, be
received and filed; and
That pursuant to Chapter 413-67 of the City Ordinances, the Commissioner
of Public Works be and hereby is authorized to issue a mere license to John
Washington, agent for Henton Federal Credit Union, owner, to install a new
facade which would encroach upon the City right-of-way at 258 Ontario Street
subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
required for said installation.
2. That the new facade be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Building.
3. That the new facade extend no more than six (6) inches into city
right-of-way.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said facade.
PASSED.
AYES-13 NOES- 0.
No. 42
1184 Main Street
requests permission to install new facade
Mr. James A. Rumsey of Jacobi Development Inc., acting as agent
for Mr. Dror Kohn, owner of the Building located at 1184 Main Street, has
requested permission to install a new facade which would encroach city right of
way at said address.
The proposed new facade would be attached to the existing building face and
encroach approximately five (5) inches into city right of way.
The Department of Public Works has reviewed Mr. Rumsey's request pursuant to
Chapter 413-67 (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
required for said installation.
2. That the new facade be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the new facade extend no more than six (6) inches into city right of
way.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said facade.
MR. FAHEY moved:
That the communication from Public Works dated July 17, 1991 be received
and filed; and
That pursuant to Chapter 413-67 of the City Ordinances the Commissioner
of Public Works be and he hereby is authorized to issue a "mere license" to
James A. Rumsey, agent for Dror Kohn, owner, for the installation of a new
facade which would encroach upon the City right of way at 1184 Main Street
subject to the following conditions:
1. That the applicant obtain any and all other- City of Buffalo permits
required for said installation.
2. That the new facade be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the new facade extend no more than six (6) inches into city right of
way.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said facade.
PASSED.
AYES- 13 NOES- 0.
No. 43
Buffalo Pizza Company, 1769 Main St.
Requests Permission to Install
Sidewalk Cafe.
Mr. Joseph Middione, owner of the Buffalo Pizza Company located
at 1769 Main Street, has requested permission to install a sidewalk cafe which
would encroach city right of way at said address.
The proposed cafe would measure twenty-four (24) feet in length and
project seven (7) feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Middione's application
pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "mere license" for installation of said sidewalk cafe provided
the following conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Engineering.
3. That the sidewalk cafe does not exceed twenty-four feet in length or
extend more than seven feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand Dollar
(5,000) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Solicitation of Funds application
National Association of Letter Carriers
Branch #3
Attached is an application for Solicitation of Funds for the National
Association of Letter Carriers Branch #3 to solicit funds in the Buffalo area
from July 22 to August 22, 1991 to benefit the Muscular Dystrophy Association,
Inc. The above organization is also requesting an additional thirty days to
solicit which would be from August 23, to September 22, 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 Public Works dated July 16, 1991 be received
and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
exempt the National Association of Letter Carriers Branch #3 from the licensing
requirements to solicit funds, pursuant to Chapter 316, Article VI of the City
Ordinances, from July 22, 1991 to September 22, 1991 to benefit the Muscular
Dystrophy Association.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- ARTHUR- 1.
No. 45
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991, in the Department
of Public Works Division of Buildings, Dominic N. Macri 11 Dallas Rd.,
Buffalo, 14220 to the position of Building Superintendent, Provisional at the
starting salary of: $ 34,160
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKS
No. 46
Permission to Prepare Plans and Specifications, and Receive Bids for Various
Park Related Projects
I respectfully request permission to prepare plans and specifications
and receive bids for the following park related projects:
Citywide Tree Planting - C.P.A. 200-601-036
School #19 Play Area - C.P.A. 200-601-033
Funds for the above projects will be available in the Capital Project
Accounts as specified.
MR. FAHEY moved:
That the communication from the Deputy Commissioner of Parks, dated July
9, 1991, be received and filed; and
That the Deputy Commissioner of Parks be and \ie hereby is authorized to
prepare plans and specifications arid receive bids for the following park
related projects:
Citywide Tree Planting - C.P.A. 200-601-(3b
200-601-033
School 1/19 Play Area - C.P.A.
That said cost for the above projects will be available in the Capital
Project Accounts as specified.
ADOPTED.
FROM THE COMMISSIONER OF POLICE
No. 47
Cancellation of Surety Bonds
It is hereby certified that the commissions of the following named
Special Policemen have been canceled and the $2,500.00 surety bond covering
them is no longer required and should be deemed released as to future liability
in accordance with the provisions of Section 47 of the Charter as amended:
Elliott B. McDougald, Ben's Coiffures Ltd., Principal: Western Surety Daniel
Vanderbosch, Sentrex Security, Principal: Aetna Casualty & Surety Mark
Krzykowski, Joe Sebaschiano, Principal: Western Surety Ronald Tebo, Rainbow
Women's Shop, Principal: Western Surety
RECEIVED AND FILED.
No. 48
Permission for Mayor to execute 1991 STOP DWI Program Our Department
is requesting authorization for the Mayor of the City of Buffalo to execute the
attached proposed STOP DWI Agreement between the City of Buffalo and the County
of Erie for the period 1-1-91 thru 12-31-91.
The City of Buffalo and the County of Erie have had an annual contractual
relationship whereby the City is reimbursed for efforts in enforcement of
alcohol-related traffic violations. Under this agreement, the City of Buffalo
will be reimbursed by the County of Erie for up to 65% of all fine revenue
generated from the fines resulting from the disposition of alcohol-related
traffic offenses. These funds are to be used by our Department to enhance DWI
enforcement activities.
I am respectfully requesting this item be submitted to Council for their
approval. If there is any questions, please contact Captain George M. Loncar,
Administration and Communications, ext. 4451.
MR. FAHEY moved:
That the communication from the Police Department dated July 16, 1991 be
received and filed; and
That the Mayor be and he hereby is authorized to execute a STOP DWI
Agreement between the City and County of Erie for the period January l, 1991
through December 31, 1991, subject to approval of the Law Department.
PASSED.
AYES- 13 NOES- 0.
No. 49
Niagara View Prop. - Use Ptn. Albany for Pkg.
Item #86, C.C.P. July 9, 1991
We have no problem with the aforementioned improvements as long
as there is engress and egress for necessary Fire and Police to pass in case of
an emergency in that area.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
G. Buchanan - Use 67 Elmwood - Tatoo Parlor (HRG)
Item #96 C.C.P. June 25, 1991
At this time the Police Department has no problem with a tatoo
parlor opening as long as there are no violations of the Board of Health's
Rules and Regulations.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 51
"Niagara View Prop" Use Ptn. Albany for Pkg.
Item # 86, C.C.P. 7-9-91
The above referenced item has been referred to this Department
for review and comment.
An inspection had been conducted by members of the Fire Department to determine
Niagara View Properties, Inc. request to use the street for access and parking
for there building revealed that the street in its present condition does not
provide safe accessibility for fire apparatus.
Niagara View Properties proposal to improve the street by grading and paving
would correct this condition. Whatever agreement that your Honorable Body
decides should provide access to the property by emergency vehicles.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Suspension of Ordinance
426 Franklin Street
Item No. 91, C.C.P. 07/09/91
The above referenced item has been referred to the undersigned
departments for review and comments.
The request is for a suspension of Section 60 and 66 of Chapter XII of the
Ordinances of the City of Buffalo as it would apply to the 426 Franklin Street
building prior to July 1985.
We recommend approval to your Honorable Body on the following conditions:
That the building complies with the changes proposed on plans submitted to the
permit office indicating enclosure of the stairway with 3/4 hour rated
materials.
The basement use be restricted to general storage and filing.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 53
Local Law Introductory No. 18, Chapter 178, Laws of 1991
Early Retirement Incentive
Item No. 151, C.C.P., July 9, 1991
As requested, a timetable for adoption of the referenced Local
Law in order to meet the adoption deadline of August 16, 1991 is herewith
provided:
July 9, 1991 - The date Local Law was introduced - it must remain on the table
seven (7) calendar days exclusive of Sunday (Municipal Home Rule Law, Section
20 (4))*
July 17, 1991 - The first day on which the Local Law may be passed by the
Common Council by a Special Meeting of the Common Council. If approved, the
Local Law may be presented to the Mayor.
July 23, 1991 - The last Common Council meeting before summer recess. If the
Mayor has held a public hearing on proper notice but disapproves the Local Law
and has returned it with objections in writing to the Clerk prior to the
Council meeting, the Council may repass on two-thirds vote at this meeting
(Section 21). The deadline is met.
July 24, 1991 to August 16, 1991 - If during this period, the Mayor, after a
public hearing, disapproves the Local Law with objections in writing to the
City Clerk, the deadline is missed, because, in the event of disapproval by the
Mayor, the City Clerk presents the Local Law with the Mayor's objections to the
Common Council at it's next regular meeting on September 3, 1991 (Section 21).
July 27, 1991 - The last day for the Mayor to give notice of public hearing to
be held by the Mayor. (Section 20 (5)).
August 6, 1991 The last day for the Mayor to hold a public hearing (Section 20
(5)).
August 6 - August 16, 1991 - If the Mayor approves the Local Law during this
period, and signs and returns it to the City Clerk, the Local Law is deemed
adopted. (Section 21). The deadline is met.
August 16, 1991 If by this date the Mayor has neither approved nor disapproved
the Local Law, it shall be deemed to have been adopted as if he had signed it
(Section 21). The deadline is met.
*All following references are to Municipal Home Rule Law.
RECEIVED AND FILED.
No. 54
Higher Dimensions
Evangelistic Center -Use Vacant
(Item No. 82, C.C.P., July 9, 1991).
It has come to the attention of this department that the vacant
lot being requested by the referenced organization for a revival meeting is not
owned by the City of Buffalo, but rather by the Buffalo Enterprise Development
Corporation. Therefore, permission and any conditions for use of that
particular property must be obtained from BEDC.
In the event an alternate site is requested which is, in fact, owned by
the City, it is our recommendation that the liability insurance policy covering
Higher Dimensions have limits of at least one million dollars ($1,000,000.00),
specifically name the City of Buffalo as an additional insured, and be
underwitten by a carrier licensed to do business in New York State.
Moreover, it is our suggestion also that before any commitment is made by
Your Honorable Body to Higher Dimensions for the use of a vacant City-owned lot
that Public Works be contacted by this organization to be apprised of the
number of attendees projected for the purpose of making provisions for parking,
vehicular traffic pattern measures, additional police enforcement
considerations, and sanitation (toilet) facilities. There may also be a
concern for temporary living quarters for the attendees, i.e., will they be
quartered in local hotels and motels, or are they proposing to pitch tents and
reside in same during the event; or sleep in cars, trucks, trailers, etc.
RECEIVED AND FILED.
No. 55
Sale - Ellicott Clinton Surface Parking Lot
Item No. 56, C.C.P., 7/9/91
I approve the form of the proposed contract. However, I reserve
the right to approve the contract in its final form. I also recommend that if
you approve the contract that you do so by approving its essential terms and
that you allow non-essential changes to be made subject to the approval of the
Commissioner of Community Development and the Corporation Counsel.
RECEIVED AND FILED.
No. 56
Contract Agreement
Service Building at Fountain Plaza
Item No. 66, C.C.P., July 23, 1991
Under the circumstances described in the referenced communication
from the Commissioner of Community Development, the proposed amendment to the
contract with the developer for the project is consistent with applicable law
and may be authorized by you.
RECEIVED AND FILED.
No. 57
1991-92 SALARY ORDINANCE AMENDMENT
(Item No. 3, C.C.P, July 9, 1991)
You have asked this Department to render an opinion regarding
the Mayor's veto message concerning the referenced item. After researching the
issue it is the opinion of the Law Department that the Mayors reasons for the
veto and his statement that "even an override of his veto would not result in
the creation of these positions" are legally correct.
In the 1991-92 budget, the Comptroller's request to increase the number
of System Support Specialists in the Data Processing function from one to three
was rejected by the Mayor. Your Honorable Body failed to reinstate the two
positions in the budget. Accordingly, the 1991-92 Salary Ordinances
subsequently submitted to the Council included just the one properly funded
System Support Specialist position.
The Council, without proper authorization, then amended the Salary
Ordinance to include two additional System Support Specialists. Pursuant to
the City Charter, Article 24, Section 442, the creation of a new position
requires the certification of both the appointing power and the Director of the
Budget that the creation of such new position is necessary. Neither the
Comptroller nor the Budget Director had provided such certification.
Although the Council subsequently overrode the Mayor's veto of the
additional positions in the Salary Ordinances, the authorization for these two
positions is not valid. Consequently any appointments to these positions are
also invalid and so payroll checks should not be issued to anyone appointed to
these additional positions.
I note that the agenda for the Common Council meeting of July 23, 1991
includes two certificate of appointments to the positions of System Support
Specialist. I am advising the Comptroller, by copy of this opinion, not to
issue pay checks for more than one System Support Specialist which is the only
such position properly authorized in the current city Salary Ordinances.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 58
RESCIND SALE OF 1328 JEFFERSON AVENUE PURCHASER: JANICE CRAIG
ITEM NO. 143, C.C.P., MAY 24, 1988
The above item was passed by Your Honorable Body during your meeting
of May 24, 1988.
Ms. Janice Craig has not responded to communications from the Law
Department to effect conveyance of said property. Said purchaser was properly
informed regarding forfeiture of her deposit of six hundred ($600) dollars.
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
Mr. Fahey moved
That the above communication from the Corporation Counsel be received and
filed; and
That the action of the Common Council under Item No. 143, C.C.P., May 24,
1988 authorizing the sale of 1328 Jefferson Avenue to Janice Craig be and the
same hereby is rescinded, the deposit is forfeited and the premises returned to
the Comptroller for future sale or transfer.
PASSED.
AYES- 13 NOES- 0.
No. 59
BAKERY SALVAGE vs. CITY OF BUFFALO, et al.
Enclosed for the consideration of the Committee on Claims as a
prior fiscal year expense is the statement of Joseph Fiorella, Esq., for the
period from March 21, 1991 to April 30, 1991, for legal services rendered in
connection with the Bakery Salvage matter. Before this bill, the City has paid
Mr. Fiorella $25,472.75 for services in this matter for the period from
November 19, 1990 to March 20, 1991.
Mr. Fiorella informs me that he intends to submit an additional bill for
services for the period from April 30th to the present. He estimates this bill
will be about $10,000.
You will note that the total bill will be over $52,000.
I would be glad to discuss this matter with your Committee on Claims.
MR. FAHEY moved:
That the communication from the Corporation Counsel dated July 18, 1991,
be received and filed; and
That the Corporation Counsel be and he hereby is authorized to pay Joseph
A. Fiorella, Esq. the amount of $17,267.73 for services rendered from March 21,
1991 to April 30, 1991.
That checks be drawn on the account of 81-2 General City Charges, 100-81
2-000-00-809 Judgments and Claims prior years payable to Joseph A. Fiorella,
attorney.
PASSED.
AYES- 13 NOES-0.
No. 60
R. Pasquarella - Request for
Property Tax Adjustment
Item No. 88, C.C.P., 7/9/91
With regard to the referenced item, please be advised that based
upon the information supplied, it is this Department's opinion that Mr.
Pasquarella is legally liable for the real property taxes assessed and any
adjustment would be prohibited under the New York State Constitution as a gift
of public funds.
Mr. Pasquarella's descriptions of the tax levy being "incorrect" and that
he was overcharged" are conclusory self-serving statements on his part.
REFERRED TO THE COMMlTTEE ON FINANCE
No. 61
Request for Property
Tax Adjustment
(Item No. 89, CCP July 9, 1991)
Please be advised that in the opinion of this department Penn
Advertising, Inc. is legally liable for the taxes and interest for 1988 and
1989 with respect to the property in question even though it may not have
received the tax bills in a timely manner.
It is well settled under the law that a property owner is responsible for
timely payment of real property tax bills notwithstanding the fact he may never
have received the bills.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 62
EAF
Berkshire Avenue Chapel - Application to erect a ground sign at 475 Berkshire
Item No. 99, C.C.P., July 9, 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 17, 1991, be received and filed; and
That Item No. 99, C.C.P., July 9, 1991 "Berkshire Avenue Chapel -
Application to erect a ground sign at 475 Berkshire" 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. 63
E.A.F
Sorrento Cheese Co. - Petition to rezone 67-71 Leland Drive from R2 to CM.
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
MR. FAHEY moved:
That the communication from the 'Commissioner of Community Development,
dated July 16, 1991, be received and filed; and
That item No. 94, C.C.P., July 9, 1991 "Sorrento Cheese Co. - Petition to
rezone 67-71 Leland Drive from R2 to CM" 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. 64
Permission to Accept Fund Transfer Polk Brothers Interiors Acquisition
2038-2050 Genesee Street
I respectfully request that Your Honorable Body accept a fund
transfer for the acquisition of 2038-2050 Genesee Street - Polk Brothers
Interiors acquisition. The amount is $310, 000. 00 from Community Development
Block Grant Account 92-03100 to Capital Project Account 200-717-033. The
transfer is contingent upon Buffalo Urban Renewal Agency approval.
The facility will be converted into a modern community service center
that will provide a broad array of human service programs to the residents of
the Bailey/Delavan area while providing constructive activities for area youth.
The transfer of funds will be used for the acquisition of the property
and additional funding for renovations to the building will be available in a
Community Development Capital Project Account.
The expenditure of funds is contingent upon the Comptroller's office
following U.S. Department of Housing and Urban Development Federal Uniform
Property Acquisition and Relocation Guidelines.
MR. FAHEY moved:
That the above communication from the Commissioner of Community
Development dated July 18, 1991, be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to accept a fund transfer for the acquisition of 2038-2050 Genesee
Street in the amount of $310,000.00 from Community Development Block Grant
Account 92-03100 to Capital Project Account 200-717-033 contingent upon
approval by BURA and further contingent upon the Comptroller adhering to U.S.
Department of Housing and Urban Development Federal Uniform Property
Acquisition and Relocation Guidelines.
PASSED
AYES- 13 NOES- 0.
No. 65
EQBA Agreement between
State of New York and
Department of Community Development
The Department of Community Development has received a fully executed
copy of the E.Q.B.A. Agreement between the State of New York and Sacred Sites
Restoration Corporation in the amount of $500,000.00; and an additional
$200,000.00 in a recently announced State E.Q.B.A. Agreement, dated May 14,
1991.
At this time we are requesting formal permission of the Council and the City of
Buffalo to accept the assignment of this grant from Sacred Sites Restoration
Corporation. A total of $450,000.00 and an additional $200,000.00 of the Grant
will be placed in Bond Fund Account No. 200-717-045.
By accepting the assignment of the Grant, the City of Buffalo, Dept. of
Community Development will be the lead agency in regards to contract
administration as well as on site inspection and project management.
MR. FAHEY moved:
That the communication from Community Development dated July 17, 1991 be
received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized, on behalf of the City, to accept an assignment of EQBA and New York
State Parks and Recreation grants from Sacred Sites Restoration Corporation in
the amount of $650,000 to be placed in Bond Fund Account No. 200-717-045.
PASSED.
AYES- 13 NOES- 0.
No. 66
Contract Amendment - Service Building at Fountain Plaza
Your Honorable Body's consideration and approval is requested
for an amended contract to facilitate completion of Fountain Plaza between the
City of Buffalo and the Buffalo Urban Renewal Agency. This amendment is
consistent with prior contractual agreements approved by the Common Council
(C.C.P.#206, October 30, 1990) which would allow City Capital Project Funds
plus private contributions designated for Fountain Plaza to flow from the
Office of the Comptroller to BURA, thus enabling encumbrance of remaining
construction contracts for the Plaza and Service Building. We have a scheduled
completion date of October 26, 1991.
Previously authorized funding for Fountain Plaza includes Federal, State,
and City sources plus a substantial construction credit from the Developer of
Key Towers, Dev Con Associates and direct private donations from the Rotary
Club of Buffalo, Norstar and Key Banks. The Developer's contribution currently
stands at $2,150,000 with total donations from the Rotary Club and Banks at
approximately $625,000. An additional City Capital Budget appropriation of
$250,000 was approved in the Fiscal Year '91- '92 City Budget supplementing
$437,000 in City Bond Funds authorized in Fiscal Year '88- '89. This $437,000
in City Bond Funds is presently contracted by and between the City and BURA
pursuant to the agreement submitted to the Council in 10/16/90, C.C.P. #213 and
approved on October 30, 1990. In requesting this amendment to BURA's contract
with the City of Buffalo, additional authorization to encumber City Capital
Project funds for completion of the Service Building in Fountain Plaza without
public advertisement and formal receipt of competitive bids is requested of
your Honorable Body.
The reasons for this additional authorization are as follow. Construction
of the Service Building shell has been undertaken to date by Ciminelli
Construction Company on behalf of the Developer as part of the City's
construction credit arrangement pursuant to the approved Land Disposition
Agreement. Of a total cost of $930,000 estimated by the City's architect,
Fontanese, Folts, Aubrecht, for construction of the Service Building, Ciminelli
has been authorized and contracted for a scope of work (building shell) in the
amount of $650,000. The remaining $280,000 in funds needed to complete the
building are now available but are not part of the construction credit
agreement with Dev Con Associates, Inc. By making an additional $280,000 in
City and private funds available to Dev Con, continuity with the existing
contract with Ciminelli Construction and its subcontractors will be insured
allowing timely completion of the project. More importantly, as the attached
letter from Fontanese, Folts, Aubrecht indicates, significant cost savings are
expected if the Service Building is completed without the interruption of
phased construction which would be necessitated by public bidding. The Project
Architect and Engineer have estimated additional consulting fees, substantial
premiums, and potential claims to be arbitrated per the City's L.D.A. up to
$126,000 if the building components are separately bid within a phased
construction schedule. Therefore consideration and approval of the above
described contract amendment would also entail a waiver of formal bidding
requirements and treatment of the remaining scope of work for building
completion as a sole source contract.
The City Corporation Counsel has been informed of this proposed
contractual amendment including the sole source agreement recommended and has
no objection. With the Common Council's approval of the present communication,
an amended contract between the City of Buffalo and BURA may be prepared by the
City Law Department and presented for your Honorable Body's consideration at
its first meeting in September, 1991. Pending authorization to execute that
amendment, the Buffalo Urban Renewal Agency would enter into an agreement with
Dev Con Associates for completion of the Service Building at a cost not to
exceed $280,000.
Your immediate approval of this matter is requested subject to approval
of the Law Department.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT
AND THE CORPORATION COUNSEL.
No. 67
Permission to Prepare Plans and Specifications, and Receive Bids for Various
Parks and Playgrounds
I respectfully respect permission to prepare plans and specifications
and receive bids for the construction of and improvements to the following park
projects:
Roetzer Street Park - C.P.A. 200-717-056
Broderick Park Improvements - C.P.A. 200-717-022
Funds for the above projects will be available in the Capital Project
Accounts as specified.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated July 9, 1991, be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to prepare plans and specifications and receive bids for the
construction of and improvements to the following park projects: and
Roetzer Street Park - C.P.A. 200-717-056
Broderick Park Improvements - C.P.A. 200-717-022
Funds for the above projects will be available in the Capital Project
Accounts as specified above.
ADOPTED
No. 68
REPORT OF BIDS
CONSTRUCTION OF ROETZER
STREET PARK
As authorized by Your Honorable Body July 23, 1991 , advertised
for and received the following sealed proposals for the Construction of Roetzer
Street Park, which were opened and publicly read on July 17, 1991:
BIDDER BASE BID ADD ALTERNATE NO.
Gleason's Nursery, Inc. $90,804.78 $2,625.
4780 Sheridan Drive
Williamsville, N.Y. 14221
Enviro Concerns, Inc. $ 112,259.00 $3,000.
P.O. Box 463
Buffalo, N.Y. 14209
Birch Grove Landscaping $114,762.00 $2,775.
& Nursery, Inc.
P. O Box 117
East Aurora, N.Y.14052
Nichter Associates ,Inc. $116,000.00 $5,000.
2153 Niagara Street
Buffalo, N.Y 14207
Seneca Hawk, Inc. $ 117,000.00 $3,500.
229 Lake Street
Hamburg, N.Y., 14075
MPJ Contracting, Inc. $128,706.00 $5,250.
68 Churchill St.
Buffalo, N.Y., 14207
Odessa Developers, Inc. $129,492.00 $6,700.
64 Hawley St.
Buffalo, N.Y., 14213
Feddington-Allen, Inc. $129,920.00 $3,500.
70 Hawkins Avenue
Kenmore, N.Y., 14075
L.C.P. Construction Corp. $135,031 .00 $4,000.
589 Northland Avenue
Buffalo, New York, 14211
B.D.R., Inc. $148,444. 00 $6,000.
S-3480 Benzing Road
Orchard Park, N.Y.14127
Designer's Estimate $100,000.00 $5,000.
The following is a true and correct abstract of all bids received and
Gleason' s Nursery, Inc., is the lowest responsible bidder. Funds for this
work are available in Capital Project Account'; #200-717-056.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to order the work by Gleason's Nursery, Inc. in the
Base Bid plus Add Alternate No. 1 amount, for a total Contract of $93,429.78.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for construction of Roetzer Street Park to
Gleason's Nursery, Inc., the lowest responsible bidder in the amount of
$90,804.78, plus alternate No. 1 in the amount of $2,625.00 with said cost to
be charged against the Capital Project Account #200-717-056.
PASSED.
AYES- 13 NOES-0.
No. 69
Report of Bids
Martin Luther King Jr. Wading Pool
Item No. 69, C.C.P. 06/13/89
I have asked for and received the following proposals for Martin
Luther King Jr. , Wading Pool on July 15, 1991. Separate bids were taken for
each prime and the results are as follows:
GENERAL
CONTRACTORBASE BIDALT. 1 ALT. 2 ALT. 3
*SENECA-HAWK$525,00013,150 7,500 15,000
L.C.P.535,73128,1503,300 5,400
G. STAY562,0009,5006,000 8,500
FALGIANO567,00029,4001,500 6,500
NICHTER588,2008,3002,800 21,000
ELECTRIC BASE BID
* WEYDMAN 48,476
C.V.M. 48,985
CANNON 51,000
C.I.R. 57,800
GORDON & ZOERB 58,870
GOODWIN 60,300
FREY 63,000
INDUSTRIAL POWER 68,895
WITTBURN 70,800
PLUMBING
* J.T. MONACO 59,400
ACKERMAN & HUEBSCH 64,644
ROBERSON 75,554
H.V.A.C.
* VASTOLA 66,828
I hereby certify that the foregoing is a true and correct statement of all bids
received and that the following contractors are the lowest responsible bidders
for their respective trades in accordance with the plans and specifications.
General: Seneca Hawk, Inc., 229 Lake St., Hamburg, N.Y. 14075 in the
amount of $525,000 (Base Bid Only).
Electric: Weydman Electric, Inc., 747 Young St., Tonawanda, N.Y. 14150 in
the amount of $48,476.
Plumbing: J . T. Monaco Corp., 70 Earhart, Williamsville, N.Y. 14221 in
the amount of $59,400.
H. V. A. C.: Vastola Heating and Air Conditioning Corporation, 65 Riley
St., Buffalo, N.Y. 14209 in the amount of $66,828.
For a total Contract Amount of $699,704.
I recommend that Your Honorable Body authorize the City to order the work
on the basis of the low bid. Funds for this work are available in Bond Fund
200-717-000.
MR.FAHEY moved:
That the communication from the Commissioner Of Community Development
dated July 17,1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award the following contracts to the lowest responsible bidders indicated for
the work of Martin Luther King Jr. Wading Pool:
General Construction Work -
Seneca Hawk, Inc.$525,000
Electrical Work -
Weydman Electric, Inc.$48,476
Plumbing Work -
J.T. Monaco Corp.$59,400
H.V.A.C. Work -
Vastola Heating & Air
Conditioning Corp.$66,828
with the total costs thereof to be charged to Bond Fund 200-717- 000.
PASSED.
AYES- 13 NOES-0.
No. 70
Increase in Contract/
C.M. RICHARDSON
Schiller Park Senior Center
On April 24, 1990, C.C.P. Item No. 77, Your Honorable Body authorized
the hiring of C.M. Richardson, Architects, for architectural and engineering
services for the Schiller Park Senior Center located at 2057 Genesee Street.
On July 31, 1991, C.C.P. Item No. 62, C.M. Richardson received an increase in
contract in the amount of $3191.25 for test borings for the design of the
structure. With this change, the new contract amount is $32,796.25.
As funding became available, the scope of work changed to a full scale
building; as opposed to a small addition featuring a 3 bay garage.
Due to the scope change, hours worked by the Richardson Staff, survey work and
renderings, the architect is requesting an additional $14,394.00 in fees. His
fees are based upon 4.9% of construction cost as opposed to the average 5-9%.
We are requesting that Your Honorable Body honor this request for additional
services.
Money is available in Account 200-717-059. The new contract amount will be $
47,190.25.
MR. FAHEY moved:
That the communication from Community Development dated July 12, 1991 be
received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to pay C.M. Richardson additional fees in the amount of $14,394.00
for additional work in connection with the Schiller Park Senior Center. Funds
are available in Account 200-717-059.
PASSED.
AYES- 13 NOES-0.
No. 71
Change Order #1
BECK STREET WATERLINE
On May 28, 1991 Your Honorable Body approved the hiring of Kandey
Company to install a new 10" Ductile iron watermain on Beck Street for the new
K-MART Development.
On July 2, 1991 while performing one of the operations on Beck Street, the
existing 10" gate valve, which was not restrained, blew off. In order for City
crews to reinstall the 10" valve, Kandey Company's crew had to extend
excavation.
The incident required that our new main be re-flushed, which required
additional man power and equipment.
Additionally, due to various required chemical testing by City of Buffalo labs
and the above referenced incident, we are requesting a contract extension of 10
days; to July 13,1991.
The requested Change Order totals $721.86. Honey is available in Account
200-717-008.
MR.FAHEY moved:
That the communication from the Commissioner of Community Development,
dated July 12, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to Kandey Company, in the amount of $721.86
for additional man power and equipment under the contract for the Beck Street
Waterline relating to the new K-MART Development with said cost to be charged
against Account 200-717-008.
PASSED
AYES- 13 NOES -0.
No. 72
Deduct Change Order
Electrical Construction
Work, Site Redevelopment
Memorial Stadium
As per item #151, C.C.P. 6/25/91 Your Honorable Body approved
Industrial Power and Lighting Corporation's bid of $619,825 for electrical
construction work at the War Memorial Stadium site. This award was contingent
upon a change order being negotiated to delete aspects of the work to provide a
development parcel for construction of a field house on Jefferson Avenue
between Dodge and Best Streets.
As a result of negotiations between Industrial Power and Lighting
Corporation, Robert Traynham Coles, Architect P. C., and our department, I
hereby present the following options for a deduct change order:
1) Delete all related baseball field electrical work which includes the
following work items:
(6) high mast lighting poles
(8) high mast lighting fixture configurations
scoreboard
portion of site lighting
all related conduit, wire and trench
Negotiated Lump Sum Price - Deduct $117, 300
Original Contract Amount $619,825
Deduct Option #1 117,300
Revised Contract Amount $502,525
2) Same as Deduct Option #1 except eliminate remainder of site lighting
associated with parking on Dodge and Best Streets.
Negotiated Lump Sum Price - Deduct $127,60O
Original Contract Amount $619,825
Deduct Option #2 127, 600
Revised Contract Amount $492,225
3) Installation of a minimum baseball field does not require any
additions or deductions to the electrical contract beyond-those presented in
Options 1 and 2.
The negotiated lump sum prices for the preceding (3) deduct options have
been reviewed by the consultant and our department and are deemed to be fair
and equitable. I, therefore, request that Your Honorable Body review the
options presented and either approve the project as bid or with one of the
proposed deducts.
I would recommend Option #1 along with Option #3 of the concurrent
communication regarding the general construction work. This will ensure that
the Jefferson Avenue side of the stadium site is not an eyesore if the field
house does not proceed as quickly as envisioned.
This item is contingent upon the Early Childhood Center project proposed
on the other side of Jefferson-Avenue proceeding -as recommended by the
administration. There is absolutely no need for-change orders to any of the
stadium contracts if the Early Childhood Center project is not going to
proceed.
Funds for this work are available in Bond Fund # 200-717-094.
MR. FAHEY moved:
That the communication from Community Development, dated July 22, 1991,
be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to enter into a deduct change order with Industrial Power and
Lighting for electrical construction work at the War Memorial Stadium site as
follows:
1) Delete all related baseball field electrical work which includes the
following work items:
- (6) high mast lighting poles
- (8) high mast lighting fixture configurations
- scoreboard
- portion of site lighting
- all related conduit, wire and trench
Negotiated Lump Sum Price - Deduct $1 17, 300
Original Contract Amount $619, 825
Deduct Option #1 117,300
Revised Contract Amount $502,525
Funds are available in Bond Fund # 200-717-094.
PASSED.
AYES- 13 NOES- 0.
No. 73
Deduct Change Order
General Construction Work
Site Redevelopment of War
Memorial Stadium
As per Item #151 C.C.P. 6/25/91 Your Honorable Body approved Nichter
Utility Construction Company's base bid of $4,992,000 for general construction
work at War Memorial Stadium. This award was contingent upon a change order
being negotiated to delete aspects of the work to provide a development parcel
for a field house on Jefferson Avenue between Dodge and Best Streets.
As a result of negotiation between Nichter Utility Construction, Robert
Traynham Coles, Architect, P.C., and our department I present the following
options for a deduct change order:
1) Deletion of the baseball field in its entirety including the following
work items:
- high mast lighting foundations.
- backtops, infield, HR fence, warning track
- scoreboard foundation
- bleacher seats (750)
- modify storm drains
- subsurface drainage (infield, outfield)
- delete landscaping/packing at corners of Dodge and Best
Negotiated Lump Sum Price - Deduct $268,000
Original Contract Amount $4,992,000
Deduct Option #1- 268,000
Revised Contract Amount $4,724,000
2) Same as Deduct Option #1 except also eliminate remainder of site
parking along Dodge and Best Streets.
Negotiated Lump Sum Price - Deduct $303,000
Original Contract Amount $4,992,000
Deduct Option #2 303,000
Revised Contract Amount $4,689,000
3) Install minimum facility baseball field with deletion of following
work items:
- high mast lighting foundations.
- HR fence and asphalt warning track
- bleacher seats
- delete landscaping/parking at corners of Dodge and Best Streets.
Negotiated Lump Sum Price - Deduct $221,000
Original Contract Amount $4,992,000
Deduct Option #3 221,000
Revised Contract Amount $4,771,000
The negotiated lump sum prices for the preceding (3) deduct options have
been reviewed by the consultant and our department and are deemed to be fair
and equitable. I, therefore, request that Your Honorable review the options
presented and either approve the project as bid or with one of the proposed
deducts.
I would recommend Option #3 along with Option #1 of the concurrent
communication regarding the electrical construction work. This will ensure
that the Jefferson Avenue side of the stadium site is not an eyesore if the
field house does not proceed as quickly as envisioned.
This item is contingent upon the Early Childhood Center project- proposed
on the other side of Jefferson Avenue proceeding as recommended-by the
administration. There is absolutely no need for change orders to any of -the
stadium contracts if the Early Childhood Center project is not going to
proceed.
Funds for the work are available in Bond Fund 200-717-094.
MR. FAHEY moved.
That the communication from the Department of Community Development dated
July 22, 1991 be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to enter into a deduct change order with Nichter Utility
Construction Company for general construction work at War Memorial Stadium as
follows:
Install minimum facility baseball field with deletion of following work
items:
- high mast lighting foundations.
- HR fence and asphalt warning track
- bleacher seats
- delete landscaping/parking at corners of Dodge and Best Streets.
Negotiated Lump Sum Price - Deduct $221,000
Original Contract Amount $4,992,000
Deduct Option #3 221,000
Revised Contract Amount $4,771,000
Funds are available in Bond Fund 200-717-094.
PASSED.
AYES -13 NOES- 0.
No. 74
Item #56, C.C.P. 07/09/91,
Sale-Ellicott Clinton Surface
Parking Lot/North Coast
Holding Company
In response to your request, attached hereto please find my original
letter to the Council detailing the history of this transaction and the
appraisals which were obtained pursuant to Council authorization.
RECEIVED AND FILED
FROM THE COMMISSIONER OF STREETS
No. 75
Request For Permit To Collect Refuse And Garbage In The City of Buffalo
Amherst Ash & Refuse Service, Inc., 137 Rosemont Drive, Eggertsville,
New York has made an application for a permit to collect and haul refuse and
garbage in the City of Buffalo.
I have no objections to your approval for this request.
Attached is their application for the permit.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 76
Request For Permit To Collect Refuse And Garbage In The City of Buffalo
Modern Disposal Services, Inc., 4746 Model City Road, Model City,
New York has made an application for a permit to collect and haul refuse and
garbage in the City of Buffalo.
I have no objections to your approval for this request.
Attached is their application for the permit.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 77
Sycamore Square Model Borne Project Community wide Urban Renewal Homestead
Program
Kenneth R. Anderhalt, Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Kenneth
R. Anderhalt, 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 Bearing for your action.
Forwarded herewith are the following documents:
l. Resolution setting Public Rearing
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.
LAID ON THE TABLE
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 78
ROWDYISM AND VANDALISM
IN CITY NEIGHBORHOODS
#143, C.C.P., 7/9/91
In response to Resolution #143, C.C.P., July 9, 1991, please be
advised that the following youth programs are being administered by the Buffalo
Division For Youth during the summer months:
l) City of Buffalo Youth Baseball League, serving youth between the ages of
10 and 16 years old. Currently, 55 teams are participating at either Delaware
or Casenovia Park.
2) "Rookie League", an instructional baseball league for boys and girls
between the ages of 5 and 9 years old. Locations are Hillery Park, Front Park
and Shoshone Park.
3) Lighted Schoolhouse programs are being conducted at 2 locations,
Waterfront School and PS #38.
4) The Buffalo Division For Youth has contracts with 11 agencies to provide
youth programs during the summer months. These agencies are:
ABLEY BAILEY-DELAVAN COMMUNITY ASSOCIATION BUFFALO URBAN LEAGUE CONCERNED
ECUMENICAL MINISTRY EAST BUFFALO PLANNING & DEVELOPMENT COUNCIL HISPANICS
UNITED OF BUFFALO OLD FIRST WARD COMMUNITY ASSOCIATION PARKSIDE COMMUNITY
ASSOCIATION POLISH COMMUNITY ASSOCIATION ST. ANN'S CENTER SENECA-BABCOCK
COMMUNITY ASSOCIATION
RECEIVED AND FILED.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 79
Waiver of Requirement for Performance-Bond [ for The Bulb Man, Inc. for
supplying light bulbs to the City of Buffalo, Agencies & Authorities for
1991-92
The contract with The Bulb Man, Inc., 320 Grote Street, Buffalo,
New York 14207, was renewed for the 1991-92 fiscal year for the dollar amount
of $25,000. I am requesting permission to waive the requirement of a
performance bond, since the owner, Robert Mangano, has informed me that the
cost of a bond has escalated, and is too expensive for him to buy.
Keeping this contract intact will allow us to purchase light bulbs at the
lowest possible prices from a dependable vendor another year.
MR. FAHEY moved:
That the communication from General Services dated July 17, 1991 be
received and filed; and
That pursuant to Section 96-8 of the City Code, the Commissioner of
General Services be and he hereby is authorized to waive the performance bond
requirement with regard to the contract with The Bulb Man, Inc., Robert
Mangano, owner, for the 1991-1992 fiscal year.
PASSED.
AYES-13 NOES-0.
No. 80
Waiver of Performance Bond for Contract 6479, Sutherland Stationery & Printing
Co., Inc. for providing 18 lateral files for the Police Department
The above vendor was the low bidder on a formal bid for 18-lateral
files for the Police Department ($344.00 each, for a total price of
$6,192.00).- Bids were opened May 22, 1991.
Scott Sutherland, the president of the company, has asked if the city will
waive the performance bond requirement because of the high cost of the bond. I
am hereby requesting that you approve this waiver, as per C.C. P. #183, dated
December 8, 1987.
MR. FAHEY moved,
That the communication from General Services dated July 17, 1991 be
received and filed; and
That pursuant to Section 96-B of the City Code, the Commissioner of
General Services be and he hereby is authorized to waive the performance bond
requirement with regard to Contract 6479, Sutherland Stationery & Printing Co.,
Inc.
PASSED.
AYES- 13 NOES- 0.
FROM THE BUFFALO SEWER AUTHORITY
No. 81
63 Campbell Ave.
Item #88, C.C.P. May 28, 1991
A Sewer Construction Inspector was assigned to investigate a sewer
trouble complaint at 63 Campbell Avenue on April 26, 1991. His visual
inspection revealed no problem in the main sewer. To more accurately determine
the condition of the main sewer, the television was summoned. The television
revealed that the main sewer was structurally sound and flowing normally.
However, the camera became lodged in a root protruding from the lateral at 63
Campbell. Mr. and Mrs. Schreier was asked to view the tape and they became
aware that their lateral was completely obstructed by roots and that the main
sewer was not the culprit. They seemed to accept this premise.
As a follow-up the main sewer was flushed and scraped by truck #33 and the
sewer re-televised. The main sewer was structurally sound and free from
obstruction.
The video tape is available for verification of our conclusions.
It is the position of this Department that there is no Buffalo Sewer Authority
responsibility for the sewer problems at 63 Campbell Avenue.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 82
Notice of Hearing
Renaming Barcher Place as Martha Jackson Place
(Item No. 139, C.C.P., July 9, 1991)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to be held before the Common Council at its
regular meeting of July 23, 1991, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published in the Buffalo News, a copy of the
publication is attached hereto.
RECEIVED AND FILED.
No 83
Hearing
Renaming Barcher Place as Martha Jackson Place
(Item No. 139, C.C.P., July 9, 1991)
Mr. Fahey moved that the above item is properly before the Colon
Council and the hearing be opened.
Appearances -- In favor REINE HAUSER, AMELIA SHERRETS
Opposed - NONE
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Amos now moved that the name of the Barcher Place is hereby changed to
"Martha Jackson Place", and the City Clerk is directed to send certified copies
of this item, pursuant to Section 286-5 of the Ordinances of the City of
Buffalo.
PASSED.
AYES- 13 NOES -0.
No. 84
COMMITTEE ON COMPUTER CONSOLIDATION
Report
Attached please find the report of the Common Council's Committee
on Computer Consolidaton.
REFERRED TO THE COMMITTEE ON FINANCE
No. 85
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
Administration & Finance-Division of Parking Enforcement
RECEIVED AND FILED.
No. 86
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
66 Peoria St. Michaels Landmark Michael Whelan
491 Grant St. Pastime Lounge Joseph Lubelli
307 Louisiana St. Frances M. Brady
RECEIVED AND FILED.
No. 87
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:
Comptroller Carla Rigers
Public Works-Arthur Jayes
Parks- Colleen Sumbrum
Police- Janet Kiener
Inspections and Community Revitalization-
General Services- Susan R. Dari, Mark Skierczynski
RECEIVED AND FILED.
No. 88
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority (3)
City Planning Board
Emergency Medical Services Board (2)
Home Improvement Advisory Board
RECEIVED AND FILED.
No. 89
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 3, 1991 in the Department of City Clerk to
the position of Intern II, Seasonal.
Amy Kubisty 330 St. Lawrence Ave. Buffalo 14216
Amy Weymouth 230 Taunton PI. Buffalo 14216
Richard Baldwin 1385 Sweet Ave. Buffalo, 14211
Nicole Bryant 153 Edison Buffalo, 14215
Jermy DeMarco 412 Vermont St. Buffalo, 14213
Tahira El-Amin 2092 Bailey Ave. Buffalo, 14211
Jasen Kinsley 449 Bensinger Buffalo, 14206
Kim Kochan 187 Ludington Buffalo, 14206
Kathy Kujawa 51 Hagen St. Buffalo, 14215
Diane Lemanski 126 Peabody St. Buffalo, 14210
Brian Mayer 82 Hazelwood Buffalo, 14215
Rafat Mohamed 669 Walden Ave. Buffalo, 14211
Robert Nichols 18 Goethe Buffalo, 14206
Carla Panikowski 112 Walter St. Buffalo, 14210
Becky Rucinski 30 Zelmer St. Buffalo, 14211
Lisa Sanita 44 Lackawanna Buffalo, 14212
Tracy Simonick 39 St. Stephens PI. Buffalo, 14210
Damon Strader 53 Goemble Buffalo, 14211
James Sumbrum 143 Hamburg St. Buffalo, 14204
Santhony Williams 1202 E. Ferry St. Buffalo, 14211
Mark Wingether 75 Wecker Buffalo, 14215
Jill Zadon 17 Harvey Buffalo, 14210
Appointment to become effective July 5, 1991, in the Department of City Clerk
Louis L. Matta 304 7th Street Buffalo, 14201, to the position of Intern II,
Seasonal at the starting salary of $4.25/hr.
Appointment to become effective 7/8/91, in the Department of City Clerk, to
the position of Intern II, Seasonal at the starting salary of $4.25/hr.
Frank O'Day 117 Parkside Ave. Buffalo, NY 14214
Seana Wyman 162 Lancaster Ave. Buffalo, NY 14222
Eric Wyman 162 Lancaster Ave. Buffalo, NY 14222
Christina Sciandra 706 Tacoma Ave. Buffalo, NY 14216
Joanne Di Marco 206 Woodward Ave. Buffalo, NY 14214
Joseph Cosso 17 Tennyson Buffalo, NY 14216
Clifford Parks 243 Villa Ave. Buffalo, NY 14216
Michael Meyer 23 Elam PI. Buffalo, NY 14214
Just in Macaluso 75 Homer Buffalo, NY 14216
Julelah Fuller 68 Parker Buffalo, NY 14214
Sharrae Fields 303 Colvin Ave. Buffalo, NY 14216
Alexander Gurn 629 Lafayette Ave. Buffalo, NY 14222
Amy Carnevale 268 Parker Ave. Buffalo, NY 14214
Michael S. Campanella 45 Cheltenham Buffalo, NY 14216
Cara Naples 139 Bedford Ave. Buffalo, NY 14216
Julie Rich 27 Norwalk Ave. Buffalo, NY 14216
Lori-Ann Rich 27 Norwalk Ave. Buffalo, NY 14216
Joseph Baran 64 Vernon PL. Buffalo, NY 14214
Carrie Giambra 309 Woodbridge Buffalo, NY 14214
Sara Gorney 37 Montrose Ave. Buffalo, NY 14214
Dawn Gugino 60 Sterling Ave. Buffalo, NY 14216
Gretchen Gerstle 210 Starin Ave. Buffalo, NY 14214
Hassan Bass 138 E. Utica (rear) Buffalo, New York 14209
James Pugh 469 Perry Street Buffalo, New York 14204
Gerald Higgs 28 Shumway Street Buffalo, New York 14206
Gerald House 300 Highgate Buffalo 14215
Chris Banmally II. 52 Emerson Place Buffalo 14209
Christopher Pellicci 394 Potomac Buffalo, 14213
Jason Luna 27 Wheelock Buffalo, 14206
Tammy Thourling 20 Clio Ave. Buffalo, 14220
Diana Wood 12 Phyllis Ave. Buffalo, NY 14215
Marcy Lewis 45 Albert St. Buffalo 14207
Tiamika Smith 236 Hempstead Buffalo, NY, 14215
MarIo Bryant 55 Landon Buffalo 14208
James Devlin 62 N. Park Buffalo, 14216
Chris Kane 253 Dearborn Buffalo, 14207
Stephen May 33 Beatrice Buffalo, 14207
Janeen Fanti 19 Heela Buffalo, 14216
Tom Appenheimer 166 Lisbon Buffalo, 14214
Jennifer Doran 204 Hodge Buffalo, 14222
Kevin Herman 241 Lakefront Blvd. Buffalo, 14201
Daria Franczyk 145 Saint James Place Buffalo, NY 14222
Mark Hammersmith 480 McKinley Parkway Buffalo, NY 14220
Melissa Karlinski 349 Walden Ave Buffalo, NY 14211
Nathan Salter 104 Goemble Buffalo NY 14211
Kevin Tate 37 Copsewood Buffalo NY 14215
Saeed Wright 288 Sobieski Buffalo NY 14211
Chaddl Weatherspoon 26 Ernst Buffalo NY 14211
Carla Mackie 793 French Street Buffalo, NY 14221
Michael Ester 64 Townsend Buffalo; NY 14206
Robert Carr 90 Dorris Ave. Buffalo, NY 14215
Tanika Holmes 267 Highgate Buffalo, NY 14215
Kamille McCormick 75 Beverly Rd. Buffalo, NY 14208
Kidada Wilson 560 Riley St. Buffalo, NY 14208
Roslyn Bryant 63 Navel Buffalo NY 14211
Nomathemba Rollins 183 Glenwood Buffalo, NY 14208
Tzurah Hill 19 Montclair Buffalo, NY 14215
Christy Rauh 315 Herkimer Ave. Buffalo, NY 14213
Taquaith Amos 341 Dewey Ave. Buffalo, 14214
Takenya L. Allison 37 Schauf Ave. Buffalo, 14211
Haleema Halim 92 Ericson Ave. Buffalo, NY 14215
Jason Meadows 3234 Main St. Buffalo, NY 14214
David Garrison 49 Courtland Ave. Buffalo, NY 14215
Janene Jackson 26 Proctor Ave. Buffalo, NY 14215
Adia Evans 76 Grant St. Buffalo, N.Y. 14213
Brandon Mendyk 495 Berkshire Ave. Buffalo, NY 14215
Michael Downey 77 Merrimac St. Buffalo, NY 14214
Reah Brown 39 Arnold St. upper front Buffalo, NY 14213
Robert Smith 2437 Bailey Ave. Buffalo, NY 14215
Robyn Raspberry 392 Cambridge Ave. Buffalo, NY 14215
Elvage Murphy 99 Covington Ave. Buffalo, NY 14216
Corcille Hudson 367 Phyllis Ave. Buffalo, NY 14215
Moises Nales 77 Shirley Ave. Buffalo, NY 14215
Ebony Rutledge 326-G South Park Ave. Buffalo, NY 14204
Latifah Copeland 27 Millicent Ave. Buffalo, NY 14215
Priya Evans 297 Forest Ave. Buffalo, NY 14213
Michelle Richardson 81 Parkridge Ave. Buffalo, NY 14215
Rachel Soffin 35 Hecla Ave. Buffalo, NY 14216
Kristine Nixon 115 Godfrey St. Buffalo, NY 14215
Camielle Munoz 77 Shirley Ave. Buffalo, NY 14215
Maurice McNab 207 Jewett Buffalo, NY 14214
Melissa McDowell 97 Pooley Buffalo, NY 14213
Henry Nance 162 N. Parade Buffalo, NY 14211
Wilmer Olivencia 351 Normal Ave. Buffalo, NY 14213
Kenneth Roberson 228 Landon St. Buffalo, NY 14208
James Ward 133 Masten Ave. Buffalo, NY 14209
Robert Ryan Jr. 302 Saranac Ave. Buffalo 14216
Melodie McDermott 92 Peter St. Buffalo 14207
James Damley 109 East St. Buffalo 14207
Gregory Dudek 205 Crestwood Ave. Buffalo 14206
Eric Gasak 916 Niagara St. Buffalo 14213
Melissa Dodd 106 Bidwell Pky. Buffalo 14222
Jeffrey Kovic 55 Garner Ave. Buffalo 14213
Carol Rosa 403 Forest Ave. Buffalo 14213
Tina Maliszczak 49 Kail St. Buffalo 14207
Lisa Desnoes 201 S. Division Buffalo 14204
Natalie Zemrose 61 Briggs Ave. Buffalo 14207
Charles Heide 75 Henrietta Ave Buffalo 14207
Richard Kozak 2 Peoria St. Buffalo 14207
Steven Marchiano 120 Grace St. Buffalo 14207
Paul Askew 445 Forth st. Buffalo, 14201
Nadine Brown 546 Stockbridge Buffalo, 14215
Daneal Bulls 424 Wyoming ave. Buffalo, 14215
Elizabeth Caldiero 246 Richmond ave. Buffalo, 14222
Kelvin Collymore 41 Highgate Buffalo, 14214
Carlette Daniels 40 Kerns st. Buffalo, 14211
Tanika Edwards 68 Riley st. Buffalo, 14209
Jawana Gilbert 387 Wyoming Buffalo, 14215
Ramona Gore 120 Lisbon ave. Buffalo, 14214
Sean Hetzner 67 Lancaster ave. Buffalo, 14222
Latusha Hudson 242 Hagen Buffalo, 14215
Anitra Lewis 171 Clarence ave. Buffalo, 14215
Larry Livingston 71 E. Morris Buffalo, 14214
Ronnie Mangum 210 Woodlawn ave. Buffalo, 14208
Latoi Mushat 88 Riley st. Buffalo, 14209
Raynette Neal 814 Glenwood ave. Buffalo, 14211
Paulino Rodriguez Jr 28 California Buffalo, 14213
Veronica Smith 28 Courtland ave. Buffalo, 14215
Nikki Thomas 565 Minnesota ave. Buffalo, 14215
Thomas Vanderlip 50 Pomona PI. Buffalo, 14210
Lamar Williams 511 E. Amherst Buffalo, 14215
Danette Roberts 150 Victoria ave. Buffalo, 14214
Derrick Thompson 547 Richmond ave. Buffalo, 14222
Raymond Appenheimer 166 Lisbon Ave. Buffalo 14214
Karen Giambra 22 Taunton Place Buffalo 14216
Maureen Glavey 7 Britt Buffalo 14220
Mario LoTempio 224 Normal Buffalo 14213
Rosemarie LoTempio 224 Normal Buffalo 14213
Herlinda Ortiz 355 LaSalle Buffalo 14215
Sonia Pizarro 203 Whitney PI. Buffalo 14201
Christie Tirado 162 Elk St. Buffalo 14210
Christopher Walters 140 Heath St. Buffalo 14214
Patrick Wells 29 Rutland Buffalo 14220
Thomas Kelley 382 Okell St. Buffalo, New York 14210
Michael Knezevic 328 Southside Pkwy. Buffalo, New York 14220
James Lasky 91 Eaglewood St. Buffalo New York 14220
Matthew Morreale 83 Turner St. Buffalo, New York, 14220
Dale Napierski 18 Rutland Buffalo, New York 14220
Joseph Ryan 52 Crystal St. Buffalo, New York 14220
Ryan Shanahan 84 Strathmore St. Buffalo, New York 14220
Daniel Shinners 45 Meriden St. Buffalo, New York 14220
Daniel Bonner 404 Marilla St. Buffalo, New York 14220
Erin Bartolotta 52 Kimberly, St. Buffalo, New York 14220
Jennifer Kam 39 Belvedere Buffalo New York 14220
Julie Fischer 32 Strathmore Ave. Buffalo, New York 14220
Corey Gordon 112 Folger St. Buffalo, New York 14220
Kristie Hannon 38 Turner Ave. Buffalo N. Y. 14220
William Hart 91 Portland St. Buffalo New York 14220
Craig Katilus 61 Oakhurst St. Buffalo- New York 14220
Matthew Smith 311 Woodside Buffalo, New York 14220
Michael Strobele 20 Duerstein St. Buffalo, New York 14210
Michael Blake 77 Spaulding Buffalo, New York 14220
Scott Hayden 131 Como St. Buffalo, 14220
Eric Bauth 45 Dart Street Buffalo, New York 14213
Jason Hollis 128 Livingston Buffalo New York 14213
Khristian Foglia 32 Lafayette Ave. Buffalo ,New York 14213
Joesph Mahiques 108 Rosedale Buffalo, New York 14212
Andre Taibbi 698 Prospect Buffalo, New York 14213
Rosemarie Fricano 295 Bird Ave. Buffalo, New York 14213
Dominic Palaino 245 Jersey Street Buffalo, New York 14201
Amber Parker 431 Humboldt Buffalo 14208
Khisha Laquerre 86 Madison Buffalo 14206
Tiffany Mingo 287 Loepere St. Buffalo 14208
Toya Bowins 226 Fox St. Buffalo 14208
DeAirra Burroughs 39 Grey St. Buffalo 14212
Kimberly Day 28 Burlington Buffalo 14215
Michelle Raymie 314 Dartmouth Buffalo 14215
Maurice Carter 203 Florida Buffalo 14208
Charlette Smith 154 Blaine Ave. Buffalo 14208
Melanie Blackwell 898 Glenwood Buffalo 14211
Tashika Turner 94 Oneida Buffalo, 14206
Moselle A. Whitehead 52 Oxford Ave Buffalo, 14209
LaWanda H. McDaniel 62 Rickert Buffalo, 14211
Shantela Woods 49 Oberlin St. Buffalo, 14211
Tamika Dantzler 49 Oberlin St. Buffalo, 14211
Cheryl Williams 61 Woltz Buffalo 14212
Donna Brooks 45 Alma Ave. Buffalo 14215
Malaeka Hines 34 Grey St. Buffalo 14212
LeeQuisha Jacobs 236 Clinton St. Buffalo 14204
Carla Sanford 241 Schuele Buffalo 14215
Alex Mead 40 Putnam Buffalo 14213
Joseph Agro 28 York Street Buffalo New York 14213
Vincent T. DeStafano 712 Prospect Buffalo, New York, 14213
Patrick Leone 107 Richmond Buffalo, New York 14220
Nicole Perla 630 Seventh Street Buffalo, New York 14213
Danielle PerIa 630 Seventh Street Buffalo, New York 14213
Nicholas Pugliese 868 West Avenue Buffalo. New York 14213
Angela Panaro 361 Fargo Avenue Buffalo, New York 14213
LouAnn Loubert 906 Prospect Avenue Buffalo, New York 14213
Mike J. Golabek 28 Goodyear Buffalo, 14212
Appointment to become effective July 9, 1991 in the Department of City Clerk to
the position of Intern II, Seasonal, at the starting salary of $4.25/hr.
Justin LaGuerre 65 Monroe Street Buffalo, N.Y. 14206
Shawn Edinger 316 Esser Buffalo, N.Y. 14207
Appointment to become effective July 11, 1991 in the Department of City Clerk
Tyrone Hutcherson 258 Riley St. Buffalo, NY 14208 to the position of Intern II,
Seasonal at the starting salary of $4.25/hr.
Appointment to become effective July 12 , 1991 in the Department of City Clerk
to the position of Intern II, Seasonal at the starting salary of $4.25/hr.
Tawyaina Bivens 91 Wright Ave. Buffalo, N.Y 14215
Marshiyyat Elliott 419 Berkshire Buffalo, N.Y. 14215
Appointment to become effective July 15, 1991 in the Department of City Clerk
to the position of Intern II, Seasonal at the starting salary of $4.25/hr.
Renee Falerio 40 Magnolia Buffalo, New York 14220
Joseph Evans 51 Princeton PI. Buffalo, New York 14210
Kareem Allen 139 Vende Street Buffalo, N.Y. 14211
Diana Lash 18 Durham Avenue Buffalo, N.Y. 14215
Delvina Curry 69 Court land Buffalo, N.Y. 14205
Luis Perez 276 Carolina St. Buffalo, NY 14201
Maurice Recchia 666 Eggert Road, Apt. 3 Buffalo, NY 14215
Appointment to become effective July 16,1991 in the Department of City Clerk to
the position of Intern II, Seasonal at the starting salary of $4.25/hr.
Shammara Davis 162 Fruend Street Buffalo, New York 14215
Andre Williams 955 Glenwood Avenue Buffalo, New York 14211
Appointment to become effective July 17, 1991 in the Department of City Clerk
James Brocato 129 Wright Ave. Buffalo, 14215, to the position of Intern II,
Seasonal at the starting salary of $4.25/hr.
Appointment to become effective July 3, 1991, in the Department of City Clerk
to the position of Intern III, Seasonal at the starting salary of $5.00/hr.
James Marren 36 Harvey PI. Buffalo, 14210
Sharon Meredith 86 Troupe St. Buffalo 14210
Appointment to become effective July 8, 1991 in the Department of City Clerk
to the position of Intern III, Seasonal at the starting salary of $5.00/hr.
Michele Graves 116 Fairfield Buffalo, NY 14214
Steven Erickson 4 Parkview Buffalo 14210
Michael Kon 504 Fillmore Ave Buffalo, 14206
Dawn Raslawsky 57 North Ogden St Buffalo, 14206
Mark Marchese 87 Gibson Buffalo, 14212
Michele Conrad 128 Harding Rd. Buffalo 14220
David Dalfonse 17 Groveland Buffalo 14214
Brian Gould 15 Red Jacket Pkwy. Buffalo 14220
Ralph Witham 47 Marine Dr. Apt G6 Buffalo 14202
Lewis Gushue 18 Eckhert St. Buffalo 14207
Robert Nichols 18 Goethe St. Buffalo, 14206
Jermy Beck 536 Auburn Ave. Buffalo, 14220
Karen Kline 247 Cumberland Ave. Buffalo, New York 14220
Billie Banks 840 Richmond Buffalo, 14222
Brian S. Pettit 727 West Delavan Buffalo, 14222
Appointment to become effective July 10, 1991, in the Department of City Clerk
Timothy P. Palmer 144 Woodbridge Ave. Buffalo, 14214, to the position of Intern
III, Seasonal at the starting salary of $5.00/hr.
Appointment to become effective July 3, 1991 in the Department of City Clerk
Leonard Sciolino 45 Manchester PI. Buffalo 14213 to the position of Intern IV,
Seasonal at the starting salary of $6.00/hr.
Appointment to become effective July 8, 1991 in the Department of City Clerk,
to the position of Intern IV, Seasonal at the starting salary of $6.00/hr.
Kathleen Palka 838 Fillmore Ave. Buffalo , 14212
Kelly Dargavel 58 Brost Dr. Buffalo, New York 14220.
No. 90
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 10, 1991 in the Department
of Stadium and Auditorium, Division of Pilot Field Gerald P. Hayes 28
Cazenovia St., Buffalo, 14220 to the position of Laborer l Seasonal at the
starting salary of: $5.98/hr.
FROM THE DEPARTMENT OF AUDIT AND CONTROL
Appointment to become effective July 8, 1991, in the Department
of Audit and Control, Division of Real Estate, Mary Beth LeCastre 43 Bidwell
Parkway Buffalo, NY 14222, to the position of Laborer I, Seasonal at the
starting salary of $5.98/hr.
Appointment to become effective July 10, 1991, in the Department of Audit and
Control, Division of Real Estate, to the position of Laborer I, Seasonal at the
starting salary of $5.98/hr.
Martin K. Eve 184 Jewett Pkwy. Buffalo, NY 14214
Carl Carr 481 Woodward Buffalo, NY 14214
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective July 8, 1991, in the Department
of Assessment Amy S. Decillis 1101 Amherst Street Buffalo, NY 14216, to the
position of Clerk, Seasonal at the starting salary of $5.00/hr.
Appointment to become effective July 15, 1991, in the Department of Assessment,
Ramona L. Draffin 133 Park Street Buffalo NY 14201, to the position of Clerk,
Seasonal, at the starting salary of $5.00/hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective July 2, 1991 in the Department
of Public Works, Division of Engineering to the position of Laborer I,
Seasonal, at the starting salary of $ 5.98/hr.
Donald Palmer 202 Vermont St. Buffalo, NY 14213
David Morrison 1127 East Delavan Ave. Buffalo, NY 14215
Appointment to become effective July 8, 1991, in the Department of Public
Works, Division of Engineering, Andrew Fasciana 25 Rand St., Buffalo, 14216 to
the position of Laborer I, Seasonal, at the starting salary of $ 5.98/hr.
Appointment to become effective July 15, 1991, in the Department of Public
Works, Division of Engineering, Richard C. Reiber 681 Hopkins St., Buffalo,
14220, to the position of Laborer I, Seasonal, at the starting salary of $
5.98/hr.
FROM THE DEPARTMENT OF PARKS
Appointment to become effective July 8, 1991 in the Department
of Parks, Division of Recreation, to the position of Lifeguard, Seasonal, at
the starting salary of $5.00/hr.
Jeanette Long 109 Hawley Street Buffalo 14213
Michelle Hund 44 Leamington Place Buffalo 14210
Charles Tinney 22 Willowlawn Buffalo 14214
Appointment to become effective July 9, 1991, in the Department of Parks,
Division of Recreation, to the position of Lifeguard, Seasonal, at the starting
salary of: $ 5.00 hr.
David Zachery 102 Laurel St. Buffalo, NY 14209
Aleksandr B. Stefaniak 35 West Woodside Buffalo, NY 14220
Appointment to become effective July 18, 1991, in the Department of Parks,
Division of Recreation, John A. Moynihan, 127 Admiral Rd., Buffalo, 14216, to
the position of Lifeguard, Seasonal, at the starting salary of: $ 5.00 hr.
Appointment to become effective July 8, 1991, in the Department of Parks,
Division of Recreation, Jeanne Faliero 55 Spaulding St., Buffalo, 14220 to the
position of Laborer II, Seasonal, at the starting salary of: $6.65/hr.
Appointment to become effective July 10, 1991, in the Department of Parks,
Division of Recreation, Jennifer Wells, 29 Rutland Ave., Buffalo, 14220, to the
position of Laborer II, Seasonal, at the starting salary of: $6.65/hr.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective July 9, 1991, in the Department
of Street Sanitation to the position of Laborer II, Seasonal at the starting
salary of $ 6.65/hr.
Leonard J. Merlo 332 Grant Street Buffalo, New York 14213
Hubert W. O'Connor 1553 Hertel Ave Buffalo, New York 14216
Nathaniel E. Robertson 161 Loring Ave Buffalo, New York 14208
Jules A. Stover 254 Watson Street Buffalo, New York 14206
Robert J. Sumera, Jr. 180 Miller Ave Buffalo, New York 14211
Matthew W. Suppa 126 Villa Avenue Buffalo, New York 14216
John Thomas 38A Altruria Street Buffalo, New York 14220
Gregory R. Wagner 47 Van Rensselaer St Buffalo, New York 14210
Larry Walker 286 Cedar Street Buffalo, New York 14204
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment to become effective July 15, 1991 in the Department
of Administration and Finance , Division of Parking Enforcement, to the
position of Laborer I, Seasonal at the starting salary of: $ 5.98/hr.
Timothy C. Golden 360 Watson Street Buffalo, NY 14212
Larry Middlebrooks 141 Leroy Buffalo NY 14215
Helen A. Miranda 7 Susan Lane Buffalo, NY 14220
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective July 10, 1991, in the Department
of Human Resources, Division of Youth Lisa Mackovic 161 Marine Dr., Apt. 8D,
Buffalo, 14202, to the position of Senior Youth Worker, Temporary at the
starting salary of $5.25/hr.
Appointment to become effective July 10, 1991, in the Department of Human
Resources, Division of Youth, Joseph Molloy 262 Eden St., Buffalo, 14220, to
the position of Supervisor of Youth Worker, Temporary, at the starting salary
of: $ 6.03/hr.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment to become effective July 8, 1991, in the Department
of General Services, Division of Inventory & Stores, Paul E. Tara 22 Olcott
St., Buffalo, 14220, to the position of Laborer II Seasonal, at the starting
salary of: $ 6.65/hr.
Appointment to become effective July 15, 1991 in the Department of General
Services, Division of Inventory & Stores, Victor W. Leone 226 Norwood Ave.,
Buffalo, 14222, to the position of
Laborer
II, Seasonal
, at the starting salary of: $ 6.65/Hr.
Appointment to become effective July 22, 1991, in the Department of General
Services, Division of Inventory & Stores, Arthur S. Forman 1511 Broadway,
Buffalo, 14212, to the position of Laborer II, Seasonal, at the starting salary
of: $ 6.65/hr.
FROM THE DEPARTMENT OF CITY CLERK
Appointment to become effective July 15, 1991, in the Department
of City Clerk, Artha Williams 52 Willert Pk., Apt. B, Buffalo, 14204, to the
position of Dog Enforcement Clerk, Temporary at the starting salary of
$5.98/hr.
NON-OFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 91
BUFFALO CABLE ACCESS MEDIA
Request Negotiations with T.C.I. to clarify Public Access Contract Issues
Buffalo Cable Access Media (B-CAM is the recently designated dba
for Buffalo Community Television) requests that the City pursue negotiations
with TCI of New York, Inc. regarding three items in the existing franchise
agreement between the City and TCI. Clarification of these contractual
agreements is fundamental to establishing public access television in Buffalo:
1) Providing a site for public access in Buffalo (Section 2(a)) either at
101 LaSalle Ave. or at another rental site which would be mutually agreed upon
by the City and TCI.
2) Funding a B-CAM training position and materials (Section 2(c)] which
would familiarize members of the public with video production and
post-production equipment and B-CAM procedures.
3) Recuperating general operating monies for public access [Section 2(e))
with interest, whose payment has been suspended since February 19, 1990 by TCI.
An inquiry regarding TCI's intentions on the first two items was sent to Paul
Meegan on April 3, 1991, by Acting Corporation Counsel R. Peter Morrow and
Assistant Corporation Counsel Michael McKeating.
It is B-CAM's position that current contractual obligations are a separate
issue from future contract negotiations, such as refranchisement. In our
discussion of the public access site in the 12/90 proposal to the City (page
39), we state that "BCT will not allow budget negotiations to impede the
start-up time for access operations. Buffalo needs access now. The success of
future negotiations requires active community support. This support will be
built on an active access center foundation with effective community outreach
and training programs."
SITE NEGOTIATION
Section 2(a) of the franchise agreement between TCI and the City requires TCI
to "provide a separate cable television and programming studio, at a site
mutually acceptable to the City and Cablescope (TCI), which will optimize the
use of such studio by members of the public and which will be administered by
the City or its designee."
The Site Committee of B-CAM has been investigating potential sites of the
public access facility along the Main St. corridor with agents from both Hunt
and Berlow Realty Companies since March. TCI invited B-CAM's Site Committee to
tour the head-in facility at 101 LaSalle Ave. in early June to consider its
suitability as the public access center. The Site Committee has reviewed the
space at 101 LaSalle Ave. with a rehab specialist, and is interested in
pursuing this building as the public access site. In order to "provide" for a
public access facility "which will optimize the use of such studio by members
of the public" B-CAM proposes that TCI:
1) Make the approximately 3600 sq. ft. building at 101 LaSalle Ave.
available to B-CAM for public access rent free at least until the end of the
period of the franchise agreement (February 12, 1993). (See enclosed drawing of
the proposed public access center by Paul Brunner, a construction rehab
specialist from Blackrock/Riverside Neighborhood Housing Service; the draining
is based on Brunner's measurements as TCI did not provide a floorplan to
B-CAM.)
2) Pay for the utilities--heat, light, and water--at 101 LaSalle Ave. at
least until the end of the period of the franchise agreement (February 12,
1993).
3) Contract and pay for the modest renovations necessary to "optimize the
use of such studio by members of the public" (estimated at approximately
$30,000).
a)The preliminary site modifications, which total $16,553 plus or minus
l0%, are itemized in Paul Brunner's June 5, 1991 report. The proposed
renovations include the addition of a wheelchair ramp for access to the front
offices and bathrooms; making existing bathrooms wheelchair accessible;
improving and raising the floor on the production space, which also avoids the
necessity of building a second wheelchair ramp to access the control and
editing rooms; modifying some existing spaces to create both a
reception/training area near the production space and an adaptable
office/community playback area in the front building; replacing an overhead
garage-style door with a wide, insulated, double door as the main entrance (see
attached renovations report and floor plan by Brunner).
b) Further discussions with Paul Brunner have pointed to the need for two
other renovations to the space, costing approximately $10,000. It appears that
the entire rear space--a 30 ft. by 52 Et. area with at least a 15 ft. ceiling,
which includes the proposed production room, the Equipment storage area, and
the reception/training area--is presently heated by an elevated forced air
blower. This heating system would not comfortably heat this entire space and
would likely make considerable noise, a major problem for the production room.
Brunner recommends the installation of a new forced air heater with the new
ductwork running under the proposed raised floor of this rear area (estimated
at $4500-55000), resulting in more efficient and economical heat. Also
recommended is the enclosure of the equipment storage area with drywall and a
dropped ceiling to conserve heat and eliminate excessive moisture (estimated at
$4500-55000).
It is important to note that the improvements B CAM is asking TCI to pay for
are improvements to the building which will make it comfortable and accessible
by the public. We are not asking TCI to pay for "construction costs to make
such a studio ready for operation [emphasis mine]" as is described in Section
2(b) in the franchise agreement.
TRAINING POSITION
Regarding-public access obligations specifically, Section 2(c) of the contract
between the City and TCI calls on TCI to "establish ongoing training programs
for members of the public to familiarize them with the equipment and
procedures." We propose that TCI fund at least one fulltime B-CAM training
position at $20,000 per year, at least until the contract expires. This
fulltime B-CAM employee would design and implement training programs in video
production and post-production for the public, as well as teach and coordinate
a staff of volunteer trainers.
In addition B-CAM proposes that TCI support the design (layout) and printing of
user-friendly, low-cost, how-to manuals, which will be an essential component
in training the numbers of Buffalo citizens who will be accessing B-CAM for
video production and post-production. We propose that TCI support this aspect
of the contractually agreed upon "training program" with $15,000 in the first
year (1991), and $7000 each year thereafter until the contract expires, for
updating and reprinting the manual.
RECOVERING PAST MONIES
Section 2(e) of the contract between the City and TCI states that TCI "will pay
to the City or its designee. . at least $80,000 per year during the years
commencing February 12, 1989 - February 12, 1993... No payments for public
access have been made to the City since February 19, 1990. This money owed
should be recovered with interest immediately, and used by B-CAM for operating
expenses over the next two years, as documented in the the 12/90 proposal (page
26).
SUMMARY
In summary, TCI is required in Section 2 of the current franchise agreement
with the City to support public access by providing a site, training programs,
and annual operating expenses. B-CAM and the future of public access in Buffalo
should be supported through the contractual obligations of the current
franchise agreement. It is important to note that the City previously expressed
an interest in seeing TCI provide a site and training programs for public
access on the occasion of reviewing Sun Ship's proposed contract for public
access in Buffalo. The Mayor's Veto Message in the January 20, 1987 Common
Council proceedings states: "In analyzing this agreement I have reviewed the
provisions of the Franchise Agreement. In general, TCI has failed to comply
with a number of its obligations under the Franchise Agreement. It seems that
the agreement now before me serves to let TCI 'off the hook' In many respects.
Under its provisions, TCI is neither providing the public access studio nor is
It training the public In the operation of the studio or equipment which was
also stipulated In the franchise."
Future negotiations between the City and TCI regarding refranchisement do
require that the City as the franchising authority review the performance of
the cable operator under the existing franchise. The public must also be given
the opportunity to participate - in this evaluation. As stated in 47 U.S.C.
Section 546: "During the 6-month period which begins with the 36th month before
the franchise expiration, the franchising authority may on its own initiative,
and shall at the request of the- cable operator, commence proceedings which
afford the public in the franchise area appropriate notice and participation
for the purpose of (1) identifying the future cable-related community needs and
interests; and (2) reviewing the performance of the cable operator under the
franchise during the then current franchise term."
We understand that TCI has requested to begin a formal refranchising process,
according to 47 U.S.C.. Section 546. Please provide B-CAM with a copy of that
correspondence. After current negotiations between the City and TCI regarding
TCI's obligations under the current franchise agreement to assist public access
are finalized, B-CAM requests that the City schedule a series of public
hearings, in east, west, north, and south Buffalo in order to "identify the
future cable-related community needs and interests" and review the performance
of TCI under the current franchise as required by Section 546(a); these are
important steps in building a strong franchise agreement for the next decade.
B-CAM looks forward to getting access underway. Negotiations with respect to
TCI 's current contractual obligations with the City must be separated from the
refranchisement process in order to expedite B-CAM's progress with start-up;
TCI should not leverage current contractual obligations regarding access in
their future refranchisement negotiations with the City. B-CAM proposes a
timetable for start-up activities and resolution of TCI's existing contractual
obligations as follows: contract between B-CAM and the City signed by July 31,
1991; resolution of the site to be provided by TCI and TCI 's other contractual
obligations to provide training programs, and recuperation of back monies by
August 15, 1991; appointment of an Executive Director by August 15, 1991;
renovations to the site completed by October, 15, 1991; B-CAM public access
center open November l, 1991.
We would welcome a meeting with you soon, which would afford us the opportunity
to work with you to formulate a position on TCI's current contractual
obligations regarding public access, and to assist in formulating a schedule
and agenda for refranchisement negotiations and hearings.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 92
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Financial Statement-Ending 12/31/91
Pursuant to the Charter and Ordinances of the City of Buffalo,
Article IV- city Development Agencies - Section 6-23, we are hereby submitting
a copy of an audited financial statement for Development Downtown, Inc.. for
the year ending December 31, 1990.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
No. 93
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Revised Vacant Parcel List - Neighborhood
Commercial Land Bank
Item No. 122 C.C.P. 6/11/91
On April 25, 1991 The Buffalo Enterprise Development Corporation
submitted a revised vacant parcel list for the Neighborhood Commercial Land
Bank Program (copy attached).
We are hereby attaching revisions to that parcel list to reflect the
latest changes that have occurred since the revised list was submitted in
April.
The changes to the list are as follows:
Deletion
Address Reason
12. 290 Broadway
13. 294 Broadway
15. 296 Broadway ) Pending sale to Developer
16. 298-300 Broadway)
17. 306 Broadway
87. 790-794 Fillmore Ave. Scheduled for development
(Housing)
161. 1534 Genesee St. Developed Parcel (Parking Lot)
214. 1354 Jefferson Ave. Developed Parcel (???)
Total Deleted 8
Additions
Address Lot Size Assessment
149A. 994 Genesee St. 33 X 102 $ 7,600
150A. 1225 Genesee St. 35 X 175 9,100
154A. 1401 Genesee St. 30 X 124 3,100
163A. 1558 Genesee St. 40 X 97 1,100
223A. 865 So. Park Ave. 36 X 140 1,200
249A. 593 Sycamore St. 19 X 154 800
282A. 706 Sycamore St. 29 X 113 800
302A. 1297 Sycamore St. 32 X 125 4,200
Total Addition 8
The above deletions/additions listing leaves the total number of parcels
at 306 which, once approved, will constitute the initial Land Bank inventory to
be purchased by BEDC for $500,000 (average of $1,633.98/parcel).
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 94
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Use of Vacant Lot - Jefferson/Best for Higher Dimensions Revival
Item #82 CCP July 9, 1991
Please be informed that The Buffalo Enterprise Development Corporation
has received and reviewed the request by Higher Dimensions Evangelistic Center
of Greenville, Mississippi to use the subject lot for a month long tent revival
(Item #82 CCP July 9, 1991). In response, the BEDC will not be able to grant
the use of the above vacant lot for this public assembly activity.
As of this date, and for the remainder of the construction season, the
lot will be utilized by various Construction activities. These activities
include site preparations for the Early Childhood Center and contractor staging
area use associated with the reconstruction of local water lines. Because these
activities are inherently dangerous, it is impossible to grant access to these
areas.
RECEIVED AND FILED.
No. 95
CANADIAN CUSTOMS
Comments on Entry Fee
Thank you for your letter of April 18, 1991, regarding a resolution
adopted by the Common Council of the City of Buffalo which opposes the
imposition of an entry fee by United States and Canadian Customs officials.
Because of the impact of cross-border shopping on Canadian Customs
offices, we have been seeking new and practical ways to provide better service
to the travelling public. One such initiative, to be tested at selected sites
this coming year, is designed to streamline the clearance of pre-authorized
frequent users of border crossings. While a one-time, non-refundable processing
fee of $10 must accompany each application from travellers wishing to take
advantage of this program, travellers will not be charged a fee every time they
cross the border.
This initiative, formally referred to as the Peace Arch Crossing Entry
(PACE) project, will preclear frequent travellers crossing the Canada/United
States border at the Peace Arch (Douglas, British Columbia/Blaine, Washington)
crossing. Such travellers will apply for authorization to use designated entry
lanes and if approved will be allowed to travel into Canada with minimal
interaction with inspection staff.
The project will also test the feasibility of an alternative automated
billing system. The traveller will "self-assess" the duties and taxes on
purchases made in the United States and pay the amount involved via an
automatic VISA or MASTERCARD debit system. It is anticipated that this process
or a variation of it will also be tested later this year at a site on the
Ontario/New York border, possibly Niagara Falls.
Thank you for bringing your concerns to my attention and giving me the
opportunity to clarify our department's position on this important matter.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 96
DEVELOPMENT DOWNTOWN INC.
CUED Panel to Review Arena Sites
At the last meeting of the Aud Task Force Committee, the Chairman
suggested that Development Downtown, Inc. solicit a proposal from an
appropriate national technical organization to give their outside opinion on
the site selection for the new arena. The review will be limited to the
Washington Market and Crossroads sites.
This work would consist of selecting a panel of development experts
familiar with similar projects, reviewing the published reports, interviewing
key officials, and issuing a report and recommendation on the preferred site by
the end of September.
Attached is a proposal from the non-profit National Council for Urban
Economic Development to accomplish this work in a timely fashion for a total
fee of $28,000.
I look forward to your review and comment on this proposal.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE.
No. 97
ERIE COUNTY EXECUTIVE
Offer Equipment for Trash backlog
This is in response to your June 25, 1991 request for County assistance
in your efforts to alleviate a trash backlog.
In light of the obvious public health hazard imposed by massive and
sustained trash on many of the City streets, I have asked our Commissioner of
Public Works, John Loffredo, to reorder his priorities and to divert ten pieces
of heavy equipment to assist the City's efforts. The ten pieces of heavy
equipment, and operators, would be made available for a week as part of the
City's increased efforts to address the problem. This type of inter-municipal
cooperation is something we would do for the residents of any city, town or
village facing such an obvious public health hazard.
However, I must add that our response to your request for assistance is
not and cannot be an open ended commitment to come to the rescue every time the
City is unable to clear trash from city streets. The City needs to review its
trash policies which have resulted in significant delays for the last three
years.
Public Works Commissioner Loffredo, will contact Streets and Sanitation
Commissioner Makowski, to see where our equipment and operators Can best be put
to use.
RECEIVED AND FILED.
No. 98
ERIE COUNTY DEPT. OF HEALTH
Info- Tattoo Parlors
I am in receipt of your letter dated July 2, 1991 concerning tattoo
parlors. In answer to your query, at present there are no Erie County or New
York State regulations pertaining to tattoo parlors. New York State has a
draft resolution regulating tattoo parlors which should become part of the New
York State Sanitary Code in the near future.
We believe tattoo parlors present a potential hazard to the public health
and agree with the states proposed position to regulate them. As a point of
information, the city of New York has banned all tattoo parlor operations.
If you should have any further questions regarding this matter please
contact me at your earliest convenience.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 99
DAVID FRANCZYK
Objection to Petitions Requesting
Referendum on Reapportionment
Please consider this letter a General Objection to the petitions
filed with your office requesting a referendum vote on the November 5, 1991
General Election on, as the petition reads, "Local Law Introductory No. 12 of
1991 entitled a Local Law Amending Section 5 of Article 1 of the Charter of the
City of Buffalo relating to the Reapportionment of Council Districts."
I, David A. Franczyk, a duly qualified voter of the City of Buffalo,
County of Erie, State of New York, residing at 858 Fillmore Avenue, Buffalo,
N.Y. , 14212, pursuant to Section 6-154 of the Election Law of the State of New
York and other provisions of the law applicable thereto, do hereby object to
the above specified petitions filed by James W. Pitts, residing at 98 Johnson
Park, Buffalo, N.Y. 14201.
I, David A. Franczyk, allege that the said petitions are insufficient,
void and not in accordance with the provisions of the Election Law of the State
of New York.
It is hereby specified as grounds of said objections that:
1. That the form of the petition sheet is invalid as a matter of law;
2. That the form and content of the cover sheet is incorrect and invalid as
a matter of law;
3. That there are an insufficient number of valid signatures, which would
render the petition invalid insofar as it does not meet the requirements of
law.
4. There exists a pattern of fraud in the signatures obtained in the above
specified petitions.
5 The above specified petition was not filed in a timely manner.
The right is reserved to file additional specifications of objections
within the time prescribed by the law.
REFERRED TO THE CITY CLERK, CORPORATION COUNSEL AND THE ERIE COUNTY BOARD OF
ELECTIONS.
AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8
NOES- AMOS, ARTHUR, BELL, COLLINS, PITTS- 5.
No. 100
BRIAN HIGGINS
SOUTH DISTRICT COUNCILMEMBER HIGGINS COMMENTS ON HORIZONS
WATERFRONT COMMISSION DRAFT ACTION PLAN
Thank you for the opportunity to comment on the Horizons Waterfront
Commission Draft Action Plan and I congratulate the Commission for the progress
made in the planning process. I am particularly encouraged by the stated
emphasis on public access projects proposed for redevelopment of the Buffalo
and Erie County waterfront. The following concerns are offered in a spirit of
cooperation and hope that consensus can be reached toward completion of a final
master plan.
1. ENVIRONMENTAL CLEANUP: HAZARDOUS WASTE SITES
The Horizons Waterfront Commission is a public benefit corporation whose
function first and foremost is to develop and adopt a master plan for Erie
County's waterfront. This task is particularly difficult when one compares
past land uses to the transitional uses proposed in the draft action plan. A
past industrial based economy has left a malignant legacy of hazardous waste
sites that persist today. It is these sites that present the greatest obstacle
to the kinds of land use(s) potential outlined in the draft Action Plan.
15 of Buffalo's 34 sites listed on the NYSDEC'S registry of inactive
hazardous waste sites are on the Buffalo Waterfront. Additionally, the EPA has
identified 110 "solid waste management units" on Lackawanna's Bethlehem Steel
site south of the Buffalo city line. It is essential to the Outer Harbor
environment and the safety of all whom hope to enjoy it that expeditious
investigation and subsequent remedial activity begin at these sites.
The cleanup of the Buffalo and Erie County waterfront should begin
immediately and become the highest priority recommendation from the Horizons
Waterfront Commission at this critical stage in the planning process.
I am not proposing that all planning work stop until these sites are
cleaned up, but I propose the Horizons Commission take formal steps now to push
the cleanup process forward. The first step I suggest is the Commission
endorse a DEC-proposed change in Part 375 of the hazardous waste regulations
[375-3.1(a)iv.d] allowing the DEC to commence remediation of a site using
Superfund dollars if nine months of negotiations with the responsible party are
unable to produce a cleanup agreement. This clause gives a much needed sense of
urgency to the negotiation process. It is important for Horizons to act on
this matter at this time as the DEC is currently revising their 375
regulations.
Secondly, I would like to see Horizons endorse a deadline for DEC
classification of waterfront hazardous waste sites. Too many sites are
languishing in a preliminary "2A" status, meaning there is not enough
information to put them in one of the legally mandated categories. It is
important the uncertainty regarding these sites be cleared up, and the sooner
that happens, the sooner remediation and eventual development can begin.
2. Environmental Education
The need to site a regional Environmental Education and Research facility
as part of the "transitioning" of the Buffalo Waterfront cannot be overstated.
The only long term solution to stop degradation of our lands, water and air is
instilling through education greater understanding and renewed appreciation for
ones natural environment.
The "Nowak Project" promises a world class educational, research,
cultural, and entertainment center at the mouth of Buffalo River on a section
of the United States Coast Guard site at the mouth of the Buffalo River.
My commitment to a Center along the Buffalo River is long-standing and
evidenced by my inclusion of a $500,000 bond authorization in the 1989-90 City
of Buffalo Capital Budget for development of an Environmental Education Center.
I will ask the Buffalo Board Of Education to consider working toward a
programmatic relationship through financial participation in planning and
subsequent development of the "Nowak Project." As the bond authorization is in
the Board of Education capital program, the issue of state reimbursement needs
to be explored relative to participation in this project.
I urge the Commission to include recycling displays, interactive exhibits
for children, classrooms and a comprehensive biological and natural history
exhibit of the Buffalo River and Great Lakes in the planning process. The
remediation of the Buffalo River offers tremendous opportunities for the Center
to educate the public on methods used to clean a polluted environment.
3. OUTER HARBOR: PUBLIC ACCESS V. PRIVATE DEVELOPMENT
Recent development projects have not successfully integrated public
access with private development. Consequently, the two are widely viewed as
competing features within the context of a single development scheme. Case in
point is the Seaway Piers project as the original proposal promised an
attractive commercial and recreational development with a generous mix of
public amenities. The promise of the Seaway Piers project is unrealized. The
bar/restaurant complex was to be only one component of a larger development
plan; today it remains the only component.
i. NEW DEVELOPMENT - I would ask Horizons to EXCLUDE ENTIRELY THE OUTER
HARBOR AREA FROM ANY FUTURE CONSIDERATION OF COMMERCIAL, RESIDENTIAL, AND/OR
INDUSTRIAL DEVELOPMENT in recognition of the potential these lands hold
relative to economic expansion of the Downtown central business district,
tourism and general quality of life.
A generous mass of greenspace to complement the existing Small Boat
Harbor, historic lighthouse, the proposed bathing beach, "Nowak project" and
wildlife sanctuary, and completion of the Seaway Piers project will enhance the
attractiveness of Buffalo regionally, statewide and nationally. The economic
benefits from these projects potentially far exceed a congested development
strategy for the Outer Harbor area.
ii. TRANSPORTATION - The transportation network to the Outer Harbor from
downtown and all points north and south is erratic, unattractive, and very
confusing. Consequently, site access is extremely poor.
The Action Plan's proposed Waterfront Boulevard and Southtowns Connector
projects should clearly be identified as "transportation" priorities necessary
to control and segregate the increasing volume of traffic along the existing
North/South routes.
a. Waterfront Boulevard- the conversion of Fuhrmann Boulevard to a
parkway type North/South arterial should place strict emphasis on low speed,
noncommercial use with a generous pedestrian access.
b. Southtowns Connector - the proposed North/South commercial route
should facilitate the parkway type conversion mentioned above. Particular
planning and design consideration should be given to the concerns raised by the
Friends of Buffalo River and the Valley and First Ward Communities relative to
route selection.
c. Downtown-Waterfront Connector - the need to integrate these two
distinct units is essential to fully realizing the economic and quality of life
potential waterfront redevelopment offers. The Tunnel and Gateway Bridge
concepts advanced by the City Administration should be explored to emphasize
noncommercial and pedestrian access to and from the Outer Harbor and downtown
area.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 101
HUNTINGTON-WESLEY NEIGHBORHOOD ASSOCIATION
Comments-LaSalle Reservoir
The NYSDEC department In Buffalo headed by Mr. Edward J Feron
Jr. deserves commendation for their cooperation with the citizens' groups
concerned with construction at the site of a pump shaft and deep rock tunnel as
proposed by the Buffalo Sewer Authority.
We support the recommendations made in the report. Our principle
concerns are as follows:
1. The poor quality of the Cap over the landfill and the waste protruding
above the surface. (page 3-5).
2. The potential for infiltration of surface water into the site and for
subsequent leaching of contaminants either into the groundwater or into the
perched water table. Reference in the report regarding drainage to the North
West is of concern in that storm water runs on to Main Street at the Conrail
overpass near the NFTA LaSalle Station during heavy rain storms.
3. Implications Of the relocation of the sampling wells due to
geomagnetic anomalies ( buried metal?) is also of concern In that the household
waste discarded at the site is known to include refrigerator compressors and
other sources of significant environmental contaminants. These areas should be
investigated independently for the presence of contaminants.
4. The potential for groundwater contamination from the retention basin
which is currently being used for storage of combined sewer overflows is not
addressed in this report. The inadequate retention walls which are regularly
breached during heavy rain storms allow for interaction between the waste site
and the reservoir. Significant reserves of groundwater are present in the
underlying highly permeable Camillus Shale which is considered a very
productive aquifer. (4-2, 4-3) The presence of vertical fractures that provide
hydraulic connections between the bedrock members is documented in the Empire
Soils boring data. (See Jenny Engineering report prepared for Hayden/Wegman
and the Buffalo Sewer Authority). The inconclusive results regarding the
direction 'of water flow from the site has consequences for the use of the
reservoir as a storage facility for the combined sewer overflows.
5. All soil samples were taken within 4 feet of the surface with the
exception of one sample at 4-8 feet. The quarry depth is approximately 45 feet
and subsequent investigation needs to address this discrepancy.
6. The presence of Dibenzofuran on 3rd baseline of one diamond (WS-lO)
and and 1st baseline of another diamond (WS-9) both of which are adjacent to
the debris pile and the contaminated GW-3 well is of grave concern. Another
soil sample (WS-8) from homeplate area of a 3rd diamond in the vicinity of HA-4
tested positive for pesticides.
7. The pile of debris which is approximately 30 feet above the landfill
surface is of considerable concern. (4-4) The report notes the continued
existence of commercial activities in the area which highlights the importance
of certifying the origin of all known contaminants. To be noted Is that the
testing failed to locate the paint waste dumped by the Buffalo Forge Company.
8. Samples from the HA-4 well were not tested as part of the Phase II
investigation and it is recommended that this well and other relevant capped
wells bored by Stan BIas of Empire Soils for Jenny Engineering Inc. be included
in further investigations. The HA-4 well is located between GW-3 and the
sewage retention basin operated by the 85A, and is in close proximity to the
4,4-DDV pesticide located at homeplate ((WS-8)).
9. The report states that the reservoir stores storm water. In fact, the
reservoir stores combined sewer overflows.
The Ad Hoc Committee formed by the Buffalo Sewer Authority continues as a
standing committee and the members as well as the -Neighborhood Associations
wish to be informed of all developments.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 102
LOCAL 264
Support BMHA Contract
Contracts for Buffalo Municipal Housing Authority White Collar
Unit, Blue Collar Unit, Managers Unit AFSCME Local 264, AFL-CIO
I am writing this letter to ask your support to approve the contracts for the
above entitled units represented by Local 264.
The contract settlement was agreed to by acceptance of the Fact Finder's report
by both the Local and the Housing Authority Board of Commissioner's.
RECEIVED AND FILED.
No. 103
N.Y.S. A.B.C. Board
Reply to Councilmembers Letter
Please be advised that the Zone III Licensing Board is in receipt
of your correspondence of, June 26, 1991. Any and all applications for a
license as applied for under the conditions of the ABC Law will be given
thorough review based upon the merits of the application and the requirements
of Federal, State, and Local Laws and Ordinances.
RECEIVED AND FILED.
No. 104
POLICE REORGANlZATION SUBCOMMITTEE
Report on Organization/Staffing/Management
Attached please find the report of SUBCOMMITTEE "B" of the Police
reorganization Committee based on the review of Chapters 11 and Ill of the
International Chiefs of Police Report "POLICING BUFFALO IN THE NlNETIES."
The contents of this report will be discussed at subsequent meetings of
the full Police Reorganization Commission affording you an opportunity to raise
your concerns.
REFERRED TO THE POLICE REORGANIZATION COMMISSION.
No. 105
R. REDFERN, SR.
Request to Obtain 495 Riley/45 Zenner
I am writing you this letter to tell you that I have been trying
to obtain the properties at 495 Riley St. and 45 Zenner St. in Buffalo for the
last past four years. I have been speaking with Mr. Donald Talbert of the
community revitalization from time to time. His explanation was that there was
a hold up in the legal department and he was no longer able to help me. I was
wondering if you would be able to help me any further?
My plans for the properties are to rehab them and put them back on the
taxroll again as suitable housing. Please notify me of any decisions made on
either of the properties if any. Thank you for your time and help.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMPTROLLER.
No. 106
M. SMITH
Request City Reimburse Cost of Property Purchased from County
My name is Michelle Smith. I recently purchased property from
the County on June 13, 1991 (38 Ada Place). I Purchased this property unaware
that the property had no gas line and that the water line was broken from the
curb to the main water line.
The gas company agreed to replace their line free of charge but the water
company is not cooperating in this matter
I would like the water line fixed or my money refunded from the purchase of
this property. I would appreciate your assistance in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 107
P. WILLETT
Favor Street Name Change to Martha Jackson
Recently we learned that a street in our neighborhood, Barcher
Place, has been suggested for a name change. We understand that it is to be
renamed in honor of Martha Jackson, a Buffalo native who is famous for her work
in the Arts. What a wonderful idea We think it will be a real asset to the
neighborhood, and we support the proposal to name the street in her honor.
RECEIVED AND FILED.
PETITIONS
No. 108
Snyder Corp., owner, petition to use 300 Pearl for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 109
Y. Kwok, owner, petition to use 578 Niagara for a takeout restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 110
W. Schmid, owner, petition to use 1036 Broadway for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 111
Empire of America F.S.A., owner, petition to use 100 Seneca for a wall sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 112
George Prewitt and Others request St. Stanislaus Church Cemetery property be
cleaned of trash/debris and tall grass.
RECEIVED AND FILED.
No. 113
Mary Mondt and Others - request additional traffic control on Doat Street
between Bailey Ave. and Rapin St.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS
HON BRIAN M. HIGGINS
CHAIRMAN
No. 114
PERSONAL INJURY
That, upon the recommendation of the Acting Corporation Counsel,
the following actions for personal injury arising out of alleged negligence on
the part of the City, be compromised and settled:
A l. Scott Michael Hernandez and Leonard Berkowitz. Esq. His
Attorney $1,500.00
A 2. Sophie Karalus and Kelly A. Feron, Esq. Her Attorney
$336.00
A 3. William Sr., & Faye Mingarell and Smith, Speranza, Tilney,
Foltz & May Their Attorneys $1,305.00
A 4. Frederick Morley and David Gerald Jay, Esq. His Attorney
$7,500.00
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
l00-8l2-0OO-OO-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, hereinabove named, in the amounts
set opposite their names and of the proper releases and closing papers.
PASSED
AYES- 13 NOES- 0.
No. 115
PROPERTY DAMAGE
That upon the recommendation of the Acting Corporation Counsel,
and the appropriate City Department, the following actions and claims for
damage to property caused by alleged negligence on the part of the City be
compromised and settled:
B 1. William Orr
Claim for damage to claimant's eyeglasses while performing duties in the Street
Sanitation Department. $125.00
B 2. Ellen F. Ruszala
Claim for damage to claimant's 1991 Chevrolet Caprice, as the result of a dead
tree limb falling upon it at 99 Chadduck Street. $189.00
There is no Insurance Company involved in the settlement of these claims.
That checks be drawn on the account of 81-2 General City Charges
l00-8l2-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, RUTECKI- 12
NOES- BELL- 1.
No. 116
PROPERTY DAMAGE
B 3. Robert Toledo
Claim for damage to claimant's 1978 Cadillac, while it was in the custody of
the City while it was at the Seneca Street Impound Garage in May of 1990.
There is no insurance company involved in the settlement of this claim.
$ 1,471.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
MR. HIGGINS moved:
The approval of the claim of Robert Toledo in the amount of
$ 1,471.00
That checks be drawn on the account of 81-2 General City Charges
l00-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- BELL, FRANCZYK- 2.
No. 117
MISCELLANEOUS
That, upon the recommendation of the Acting Corporation Counsel
and the appropriate City Department, the following claim be paid:
C l. Estelle Majchrzak
Claim for life insurance coverage under the collective bargaining agreement
between the City and Local #264. -Prudential Insurance coverage was the
commercial insurance carrier at the time of the commencement of Mr. Majchrzak's
-disability. Their records do not reflect any receipt of correspondence from
the the City for waiver of insurance coverage. $5,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES- 13 NOES- 0.
No. 118
MISCELLANEOUS INVOICE
That, upon the recommendation of the Acting Corporation Counsel
and the appropriate City Department, the following claims be paid:
D I. Ingersoll-Rand Company
Claim for services rendered to the Fire Department in the past fiscal year.
There is no Insurance Company involved in the settlement of this claim.
$248.71
That checks be drawn on the account of 81-2 General City Charges
l00-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED
AYES- 13 NOES- 0.
No. 119
REPORT TO THE CLAIMS COMMITTEE
L1. Carl L. Johnson
Item No. 51, C.C.P., May 28, 1991
Claim for money damages against the Buffalo Police Department for confiscating
property dating back to 1986.
Based upon an internal investigation by the Police Commissioner, we feel that
there is no basis for the allegations made by the claimant Carl L. Johnson.
There is no Insurance Company involved in this claim. The Acting Corporation
Counsel recommends no further action and that this matter be received and
filed.
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mr. Higgins moved to deny the claim of Carl L. Johnson.
L0ST
AYES- FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 4.
NOES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, PITTS, RUTECKI- 9.
Mr. Higgins now moved to recommitted above item to the Committee on Claims.
Seconded by Mr. Pitts.
ADOPTED.
No. 120
REPORT TO THE CLAIMS COMMITTEE
E 2. Nancy fl. Ryan/Elevator Accident
(Item # 101 CCP Apr 2, 1991)
That the above mentioned Item be and the same is hereby received and filed.
ADOPTED.
No. 121
REPORT TO THE CLAIMS COMMITTEE
E 3. Raymond A. Ostolski
Claim for back pay for former Fire Lieutenant, Raymond A. Ostolski who was
awarded an Accidental Disability Pension by the New York State Retirement
System on October 30, 1975 retroactive to February 1, 1975, when he filed his
application for disability. This money is due him under Section 207-A of the
General Municipal Law from March 10, 1975 until August 3, 1984. The City was
obligated to pay Mr. Ostolski the difference between what he received from the
New York State pension system and his regular salary until he reached the
maximum age of retirement, sixty-two (62) years old. He did not receive these
monies. There is no Insurance Company involved in the settlement of this
claim. $ 74,167.80
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
The approval of the claim of Raymond A. Ostolski amount of $74,167.80
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and of the proper releases and closing papers.
PASSED
AYES- 13 NOES- 0.
No. 122
REPORT TO THE CLAIMS COMMITTEE
E 4. Kleinhans Music Hall Management, Inc.
Item No. 84, C.C.P., July 9, 1991
Claim for non-payment of rental by Buffalo Philharmonic Orchestra Society, Inc.
Payment to be made by City pursuant to Item No. 168, C.C.P., March 27, 1990,
titled "Commitment of Funding to Kleinhans Music Hall". There is no Insurance
Company involved in the settlement of this claim. $ 140,975.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
MR. HIGGINS moved:
The approval of the claim of Kleinhans Music Hall Management, Inc. in the
amount of $ 140,975.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12.
NOES- BAKOS- 1.
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 123
APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN LOCAL 264 (WHITE, BLUE MANAGERIAL)
AND
BMHA - SALARY SCHEDULES, ETC.
(ITEM NO. 67, C.C.P., JULY 9, 1991)
That the Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 264 - AFSCME -AFL-CIO representing Blue Collar,
White Collar and Managerial employees concerning the amended salary schedules
and automobile allowance for exempt and non-represented BMHA employees be
approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 124
Appointment
Audit/Control/Associate Accountant
That Communication No 21 CCP Jul 9, 1991 be received and filed
and the Temporary appointment of Charles E. McSwain stated above at the Maximum
salary $31,678.00 effective on July 1,1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 125
Appointment
Audit & Control/Resources Development Technician
That communication No 22 CCP Jul 9,1991 be received and filed
and the Permanent appointment of Dale Zuchlewski stated above at the Maximum
salary $34,389.00 effective on July l, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 126
Appointment
Public Works/Senior Rate Clerk
That Communication 34 CCP July 9, 1991 be received and filed and
the Provisional appointment of Karen Fiegel stated above at the Maximum salary
$21,287 effective on July 1, 1991 is hereby approved.
PASSED
AYES- 13 NOES -0.
No. 127
Appointment
Public Works/Chief Pumping Plant Engineer
That Communication No 35 CCP July 9, 1991 be received and filed
and the Provisional appointment of Robert P. Finley stated above at the Maximum
salary $29,674 effective on July 1,1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 128
Appointment
Civil Service Commission/Affirmative Action Specialist
That Communication No 66 CCP July 9, 1991 be received and filed
and the Permanent appointment of Emil io Fuentes stated above at the Maximum
salary $25,530.00 effective on July 1, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 129
Appointment
City Clerk/Senior Council Clerk
That Communication No 69 CCP July 9, 1991 be received and filed
and the Permanent appointment of Gerald A. Chwalinski stated above at the
Intermediate salary $31,038.00 effective on July 1, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 130
Appointment
City Clerk/Senior Council Clerk
That Communication No 70 CCP July 9, 1991 be received and filed
and the Permanent appointment of Carol A. Nowak stated above at the
Intermediate salary $31,038.00 effective on July 2, 1991 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 131
Appointment
City Clerk/Chief Clerk
That Communication No 71 CCP July 9, 1991 be received and filed
and the Permanent appointment of Thomas M. Fitzpatrick stated above at the
Maximum salary $42,498.00 effective on July 1, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 132
Notices of Appointments (C.Clerk)
(Item # 77 CCP July 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A.COLLINS
CHAIRMAN
No. 133
Bond Resolutions Not Submitted/90'91 Capital Budget (Compt)
(Item # 14 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 134
RENEWAL OF LEASE AGREEMENT
BELLA VISTA MANAGEMENT, INC.
2237 NIAGARA STREET
(ITEM NO. 15, C.C.P., JULY 9, 1991)
That the Mayor be, and he hereby is, authorized to execute a lease
agreement for City-owned property located at 2237 Niagara Street, East 153.22'
South of Ontario Street with Mr. Joseph A. Cipolla of Bella Vista Group, Inc.
located at 6495 Transit Road, Bowmansville, New York for renewal of lease
commencing on October 1, 1991 and to expire on September 30, 1992 at the annual
rent of $155.00 payable in advance, with the terms and conditions as the
previous lease. Insurance is to be provided saving the City of Buffalo
harmless from any liability set forth per Item No. 197, C.C.P., March 31, 1987.
PASSED.
AYES- 13 NOES- 0.
No. 135
FIBERNET - REQUEST TO ENTER
CONDUIT OCCUPANCY AGREEMENT
(Item No. 28, C.C.P., July 9, 1991)
That the request of Fibernet to enter into a Conduit Occupancy
Agreement with the City of Buffalo, as prepared by the Corporation Counsel
(Item No. 127, C.C.P., January 24, 1989), to operate a fiber optic
telecommunications system in the downtown area, be, and hereby is approved
subject to the condition that any tariff structure imposed by the Public
Service Commission be provided to the Common Council by Fibernet.
PASSED
AYES- 13 NOES- 0.
No. 136
HIGHER DIMENSIONS EVANGELISTIC CENTER REQUEST USE OF VACANT LOTS ON JEFFERSON
AVENUE
FOR TENT REVIVAL
(Item No. 82, C.C.P., July 9, 1991)
That the request of the Higher Dimensions Evangelistic Center
to use vacant city-owned lots commonly known as 1267 Jefferson Avenue and
1271-1275 Jefferson Avenue for a tent revival to be held Tuesday, August 6,
1991, through Wednesday, September 4, 1991, be, and hereby is approved subject
to conditions to be established by the departments of Law, Public Works, Police
and Fire.
PASSED
AYES- 13 NOES- 0.
No. 137
WAIVER OF PERFORMANCE BOND
LADS PET SUPPLIES
FOR CONTRACT - DOG FOOD FOR K9 CORPS
(ITEM 65, CCP JULY 9, 1991)
That the Commissioner of General Services be and he hereby is
authorized, pursuant to Section 96-7(B) of Chapter 96 of the Buffalo Code to
waive the performance bond required by the contract with Lads Pet Supplies.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 138
RE: COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED, INC., REQUEST
COMPETITIVE PROPOSALS FOR
1420 MAIN STREET
(Item No. 102, C.C.P., April 16, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved:
That the above item be received and filed.
ADOPTED
No. 139
Community Services Proposal/1420 Main (CD)
(Item # 68 CCP Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 140
RE: APPROVAL OF PURCHASE OF JEFFERSON-BEST SITE
BY BOARD OF EDUCATION
(Item No. 77, C.C.P., February 5, 1991)
That the above item be returned to the Common Council without
recommendation.
MR. COLLINS now moved
That this Common Council hereby authorizes the use of $1,300,000 from the
former Trust Fund held by Development Downtown, Inc., (DDI) as follows:
DDI shall make a grant of the 1.3 million dollars to the Buffalo Board of
Education pursuant to a grant agreement. Of the 1.3 million dollars, the Board
of Education shall utilize $300,000.00 to purchase a 7.6 acre site, the former
location of the War Memorial Stadium parking lot, from The Buffalo Enterprise
Development Corporation. This site shall be the location for the proposed new
city-wide early education center to be constructed by the Board of Education
with approximately one acre of the site set aside for neighborhood services
facilities such as a health clinic, library, and neighborhood retail
developments.
PASSED
AYES- 13 NOES- 0.
No. 141
Use Of Trust Fund/Prepayment Of Goldome UDAG (CC)
(Item # 50 CCP Feb 19, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 142
DDI/Trust Funds-Early Childhood Facility
(Item # 86 CCP Jan 22, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 143
Proposed Site/Early Childhood Center (Bd. Ed.)
(Item # 78 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Reaffirm Early Childhood Center Site ((Bd.Ed.)
(Item # 79 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received and filed.
ADOPTED
No. 145
BEDC-Site Selection of Early Childhood Education Facility
(Item # 93 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 146
CAIC-Conditions For Allowing Early Childhood Center
(Item # 96 CCP Mar 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 147
RE: CONDEMNATION OF PROPERTY COMMONLY KNOWN
AS 28 HERTEL AVENUE
(Item No. 205, C.C.P., January 22, 1991)
That the City of Buffalo be, and hereby is authorized to acquire
the property commonly known as 28 Hertel Avenue for the price of $530,000.00.
PASSED
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 148
F. Pirritano/Updated Valuation/28 Hertel
(Item # 110 CCP Apr 16 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 149
Updated Valuation/28 Hertel (CC)
(Item # 58 CCP Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 150
S. Tybor/Request Status/Purchase 402 Kenmore
(Item # 90 CCP May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 151
Status/Purchase Of 402 Kenmore (Compt)
(Item # 20 CCP June 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 152
Status/Sale Of 402 Kenmore (PW)
(Item # 36 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 153
RE: 1490 ENTERPRISES, INC.
RESCIND CONDITIONS OF SALE FOR
1512-1514 and 1522 JEFFERSON AVENUE
(Item No. 84, C.C.P., June 25, 1991)
That the above item be returned to the Common Council without
recommendation.
MR. COLLINS now moves:
That the conditions of sale imposed on the sale of City-owned land at
1512-1514 and 1522 Jefferson Avenue to 1490 Enterprises, Inc., pursuant to Item
No. 161, C.C.P., July 31, 1990, be, and the same are hereby rescinded; and
That the Mayor be, and he hereby is authorized to execute a Quit Claim
Deed ['or the referenced properties to 1490 Enterprises, Inc., and that the
Comptroller be, and he hereby is authorized to deliver said Deed.
PASSED
AYES- 13 NOES- 0.
No. 154
Rescind Conditions/Sale 1512-1514 Jefferson (Compt)
(Item # 20 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 155
Rescind Condition on Sale/1512-1514 Jefferson (CC)
(Item # 44 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 156
RE: ASSESSMENT FOR SIDEWALK INSTALLATION
AT 65 DURHAM AVENUE
(Item No. 27, C.C.P., July 9, 1991)
That the request of James Morrell, owner, for abatement of sidewalk
assessment for 65 Durham Avenue in the amount of $304.04 be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 157
Report of Audit/Assessment (Compt)
(Item # 27 CCP Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
LEGISLATION
HON ALFRED T. COPPOLA
CHAIRMAN
No. 158
SORRENTO CHEESE COMPANY
PETITION TO REZONE 67 AND 71 LELAND DRIVE FROM R2 TO CM DISTRICT FOR ADDITION
TO BUILDING AS A PACKAGING ROOM FOR DAIRY
PRODUCTS
(ITEM NO. 94, C.C.P., JULY 9, 1991)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That part of the Zoning Ordinances of' the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use thereof be
amended to show "CM" district rather than a "R2" district for the premises
known as 67 and 71 Leland Drive and more particularly 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 part of Lot 42, Township 10, Range 8 of the Buffalo
Creek Reservation bounded and described as follows: Beginning at a point in the
south line of Leland Drive, 152.0 feet westerly from the intersection of the
west line of South Park Avenue (66 feet wide) with the south line of Leland
Drive (60 feet wide); thence southerly, parallel with South Park Avenue, 120.00
feet; thence westerly, parallel with Leland Drive, 70.0 feet; thence northerly,
parallel with South Park Avenue, 120.0 feet; thence easterly, along the south
line of Leland Drive, 70.0 feet to the point and place of beginning, being
sublots 58, 59 and the west 2 feet of sublot 60; and
That this rezoning shall not be effective unless and until a certified
copy of this rezoning amendment is filed by the petitioner in the offices of
the Erie County Clerk and proof of such filing has been filed with the City
Clerk; and
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings of negative impact under said
Act.
IT IS HEREBY CERTIFIED, that pursuant to Section 34 of the Charter, that
the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 11
NOES- PITTS- 1
MR. FAHEY ABSTAINED FROM VOTING.
No. 159
THOMAS SHEA, OWNER, TAMMY LU, OPERATOR,
PETITION TO USE 2272 SENECA STREET
FOR A SIT-IN RESTAURANT
(Item No. 95, C.C.P., 7/9/91)
That the petition of Thomas Shea, owner and Tammy Lu, operator,
to use 2272 Seneca Street for a sit-in restaurant be and the same hereby is
approved.
PASSED
AYES- 13 NOES- 0.
No. 160
RE STOP-N-GO FOODS, INC., OWNER
PETITION TO USE 211 NIAGARA STREET
FOR A POLE SIGN
(Item No. 96, C.C.P., July 9, 1991)
That after a public hearing held before the Committee on Legislation
on July 16, 1991, the petition of Stop-N-Go Foods, Inc., to use 211 Niagara
Street for an illuminated pole sign (20' high, 6.5' x 11.5') be and the same
hereby is approved subject to conditions set by the Preservation Board.
PASSED.
AYES- 13 NOES- 0.
No. 161
RE: ST0P-N-GO FOODS, INC., OWNER
PETITION TO USE 1301 HERTEL AVENUE
FOR A POLE SIGN
(Item No. 98, C.C.P., July 9, 1991)
That after a public hearing held before the Committee on Legislation
on July 16, 1991, the petition of Stop-N-Go Foods, Inc., owner, to use 1301
Hertel Avenue for an illuminated pole sign (20' high, 6.5' x 11.5') be and the
same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 162
RE: BERKSHIRE AVENUE CHAPEL, OWNER, PETITION TO USE 475 BERKSHIRE FOR A POLE
SIGN
(Item No. 99, C.C.P., 7/9/91)
That after a public hearing held before the Committee on Legislation
on July 16, 1991, the petition of Berkshire Avenue Chapel, owner, to use 475
Berkshire Avenue for an illuminated ground sign (4' x 6') be and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 163
CYNTHIA E. LOMBARDO, OWNER,
PETlTION TO USE 2097 SENECA STREET FOR A TAKE-OUT RESTAURANT
(ITEM NO. 100, CCP JULY 9, 1991)
That after a public hearing held on the 16th day of July 1991
the petition of Cynthia E. Lombardo, owner, to use 2097 Seneca Street for a
take-out restaurant be and the same is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 164
RE: WILLIAM LEISING, OWNER, C. CHENG, OPERATOR, PETITION TO USE 510 ELMWOOD
AVENUE
FOR A TAKE-OUT RESTAURANT
(ITEM NO. 99, CCP JUNE 25, 1991)
That after a public hearing held July 2, 1991 the petition of
William Leising, Owner, C. Cheng, Operator, to use 510 Elmwood Avenue as a
takeout restaurant with signage be and hereby is approved.
PASSED
AYES- 13 NOES- 0.
No. 165
C.Cheng/Request/Convert Retail To Take Out/510 Elmwood (CPBD)
(Item # 9 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 166
ENVIRONMENTAL ASSESSMENT FORM
REQUEST TO CONVERT RETAIL STORE TO
takeout RESTAURANT
(ITEM NO. 50, C.C.P., JULY 9, 1991)
That Item No. 50, C.C.P., July 9, 1991 "C. Cheng - Request to
convert retail store at 510 Elmwood to a' takeout restaurant" is an unlisted
action as defined in 6 NYCRR Part 617.2. That Common Council has approval
power over this item, and is therefore an involved agency as defined in 617.2.
As part of an uncoordinated review, the Common Council has evaluated an
Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part 1) and by the City Planning Board (Part II).
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part Il 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. 167
RE: MARCO IULIANO, OWNER, 330 MARYLAND STREET
APPEAL OF PRESERVATION BOARD ACTION
(Item No. 75, C.C.P, . 6/11791)
That after a public hearing, the request of. Mario Iuliano to
overturn the decisions of Buffalo Preservation Board and to permit Mr. luliano
to install smaller windows inside the original paired doublehung kitchen
windows at 330 Maryland Street be and hereby is approved.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, PERLA,
PITTS- 11
NOES- LOTEMPIO, RUTECKI- 2.
No. 168
RE: 1478-84 HERTEL AVENUE REQUESTS
PERMISSION TO INSTALL AWNING
(ITEM NO. 31, C.C.P., JULY 9, 1991)
That the Commissioner of Public Works be arid he hereby is, authorized
to issue a "mere license" to Mr.'. Thomas Finnegan, owner of property at
1478-84 Hertel Avenue, to install an awning which would encroach city
right-of-way at said address, 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 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 a five thousand
dollar ($5,000) construction in street bond which will indemnify and save
harmless the City of Buffalo against any and all loss and damage arising out of
the construction, maintenance, use and removal of said awning.
PASSED.
AYES- 13 NOES- 0.
No. 169
RE: 81 ABBOTT ROAD REQUESTS
PERMISSION TO INSTALL AWNING
(ITEM NO. 32, C.C.P., JULY 9, 1991)
That the Commissioner of Public Words be arid he hereby is, authorized
to issue a "mere license" to Mr. Brian Coseglia, acting as agent for O'Niels, a
Bar and Restaurant located at 81 Abbott Road, to install an awning which would
encroach city right-of-way at said address, subject to the following
conditions:
That the applicant obtain any arid 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 a five thousand dollar
($5,000) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said awning.
PASSED.
AYES- 13 NOES- 0.
No. 170
2610 1/2 MAIN STREET
RESTAURANT/DANCING CLASS III
(ITEM NO. 125, 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 pursuant to Chapter 150 of the Ordinances of the City of Buffalo,
the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to Vashti C. Marshall, proprietor of
Sylvahn's, 2610 1/2 Main Street, and the same be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 171
325 Fuhrmann Boulevard (1st Floor)
Restaurant/Dancing Class I
(Item No. 27, C.C.P., June 25, 1991)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class I License to Mark E. Stone, proprietor of Breakers on
the Waterfront, 325 Fuhrmann, Boulevard, 1st floor, and the same be and hereby
is approved, subject to a review by the Common Council upon the expiration of
one (1) year from the date said license is issued, except in the event said
expiration date falls during the summer recess of the Common Council, then, in
that event, said license shall be reviewed prior to the last meeting of this
Common Council before the summer recess.
PASSED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 11
NOES- ARTHUR, RUTECKI- 2.
No. 172
325 Fuhrmann Boulevard (2nd Floor)
Restaurant/Dancing Class I
(Item# 28, C.C.P., June 25, 1991)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class I License to Mark E. Stone, proprietor of Breakers on
the Waterfront, 325 Fuhrmann Boulevard, 2nd floor, and the same be and hereby
is approved, subject to a review by the Con Council upon the expiration of one
(1) year fro the date said license is issued, except in the event said
expiration date falls during the summer recess of the Common Council, then, in
that event, said license shall be reviewed prior to the last meeting of this
Common Council before the summer recess.
PASSED
AYES- 13 NOES- 0.
No. 173
RESTAURANT/DANCING CLASS IV LICENSE
1683 MAIN STREET
(ITEM NO. 121, C.C.P., JULY 9, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That pursuant to Chapter 150 of the Ordinances of the City of Buffalo,
the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Mark T. Supples, proprietor of Pink
Flamingo Bar & Grill, 1683 Main Street, and the same be, and hereby is
approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- ARTHUR, FAHEY- 2.
No. 174
License/Expand Junkyard-2l2 Hertel (PW)
(Item # 46 CCP May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 175
Junkyard License/212 Hertel (CC)
(Item # 44 CCP June 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 176
Ordinance Amendment/Ch 137/Sidewalks/Trash fines
(Item # 165 CCP June 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 177
ORDINANCE AMENDMENT
CHAPTER 216, SECTION 15 (H)
OF ARTICLE VI OF THE CODE
OF THE CITY OF BUFFALO
(ITEM NO. 175, C.C.P., JUNE 25, 1991)
That the Ordinance Amendment as contained in Item No. 175, C.C.P.,
June 25, 1991 be and the same hereby is approved.
PASSED
AYES- AMOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-
10
NOES- ARTHUR, BAKOS, PITTS- 3.
No. 178
RE: SHEA'S BUFFALO CENTER FOR THE PERFORMING ARTS RESTORATION SURCHARGE
(ITEM NO. 151, C.C.P., JUNE 11, 1991)
That this Common Council requests that Shea's Buffalo provide
further information on this proposal; and
That Board and Staff of Shea's Buffalo appear before this Common Council
to explain this proposal.
Mr. Franczyk now moved to recommit the above item to the Committee on
Legislation.
ADOPTED
No. 179
NYSDOT/Fines/Speeding In Construction Zones
(Item # 85 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 180
Siegel, Kelleher and Kahn, Suspend Section 60 and 66 of Chapter
XII of the Buffalo Building Code
for 426 Franklin Street
(Item No. 91, C.C.P., 7/98/91)
That the above item be returned to the Common Council without
recommendation.
MR. COPPOLA moved:
That pursuant to Section 223 of Chapter XII of the Building Code of the
Ordinances of the City of Buffalo, Sections 60 and 66 of Chapter XIl of said
Code be and same hereby is suspended with respect to 426 Franklin Street,
subject to the conditions established by the Departments of Public Works, Fire
and Inspections and Community Revitalization.
PASSED
AYES- 13 NOES- 0.
No. 181
RE: DISTRIBUTION OF SEXUAL MATERIAL
ON SCHOOL PROPERTY
(Item No. 155, C.C.P., June 11, 1991)
That this Common Council requests the Corporation Counsel address
the legal implications of Act Up distributing sexual explicit materials to
minors.
ADOPTED.
AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-
9
NOES- ARTHUR, BELL, COLLINS, PITTS- 4.
No. 182
Distribution of Sexual Material on School Property (Police)
(Item # 39 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 183
Distribution of Sexual Materials on School Property (Bd.Ed.)
(Item # 61 CCP Jun 25, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
No. 184
R. Crawford/Oppose Distribution of Sexual Materials
(Item # 100 CCP Jun 25, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
No. 185
Investigation Report/E. Side Rapes (Police)
(Item # 40 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 186
R. Gibson/Concerns About Rape Investigation
(Item # 85 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 187
Concerns About Rape investigation (Police)
(Item # 39 CCP Jul 9, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
No. 188
ANNUAL BULK TRASH REMOVAL PLAN
(ITEM NO. 149, C.C.P., JUNE 25, 1991)
That this Common Council requests the Corporation Counsel to prepare
the appropriate Charter Amendment to Article 15, Department of Street
Sanitation, Section 292, Duties and Powers, which would require the
Commissioner of Street Sanitation to file with the Common Council an annual
bulk trash plan by January 1st, of each year; and
That the Council President establish a taskforce to assist the Street
Sanitation Commissioner in developing the trash plan, and this taskforce be
composed of; two members of the Common Council, three members of the community,
and two members from the Administration.
ADOPTED
No. 189
Contracting For Bulk Trash Removal
(Item # 150 CCP Jun 25, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
No. 190
Request Information on Notification of Trash Moratorium
(Item # 154 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 191
Authorization of Mayor/Declare Trash Emergency
(Res.#2 only) (Item # 172 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 192
M. Eckhert/Complaints/Property 165 Summer
(Item # 80 CCP Jun 25, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
No. 193
M. Eckhert/Complaints 165 Summer St. (CC)
(Item # 47 CCP Jul 9, 1991)
That the above mentioned Stem be and the same is hereby received
and filed.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 194
Hearing - Land Disposition Agreement
WJA, Inc.
(Item No. 57, C.C.P. July 9, 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 23, 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:- DAVE SENGBUSH
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Fahey moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated WJA, Inc.,
and/or other legal entity to be formed as qualified and eligible Redeveloper in
accordance with rules and Procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That WJA, 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 a portion of New Buffalo
Industrial Park.
2. That the Chairman or Vice-Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to convey the land described in the proposed "Land
Disposition Agreement" to WJA, Inc. 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. 195
Hearing - Land Disposition Agreement
Maple Leaf Foods
(Item No. 58, C.C.P. July 9, 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 23, 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. Bell the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: - DAVE SENGBUSH
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk.
CARRIED.
Mr. Fahey moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Maple Leaf
Foods 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 Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Maple Leaf Foods and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, id hereby approved as the Redeveloper for a portion of Thruway
Industrial Park - Phase II.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to convey the land described in the proposed "Land
Disposition Agreement" to Maple Leaf Foods 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. 196
Hearing - Land Disposition Agreement
Niagara Tying Service
(Item No. 59, C.C.P. July 9, 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 23, 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. Bell, Seconded by Mr. Fahey the item is properly before the
Common Council and the hearing be opened.
CARRIED
Appearances - DAVE SENGBUSH
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts
CARRIED.
Mr. Fahey moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Niagara
Tying Service, Inc., and/or other legal entity to be formed as qualified and
eligible Redeveloper in accordance with rules and procedures duly adopted by
the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That Albert and Antoinette Boratto 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 a portion of
New Buffalo Industrial Park.
2. That the Chairman or Vice-Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to convey the land described in the proposed "Lana
Disposition Agreement" to Albert and Antoinette Boratto 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.197
Hearing - Land Disposition Agreement
Flare New Housing
(Item No. 61, C.C.P. July 9, 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 23, 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
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell
CARRIED.
FLARE NEW HOUSING PROGRAM
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 Belmont Shelter, 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
NOW, THEREFORE, BE IT RESOLVED:
(l) That Belmont Shelter, Corp. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the FLARE New Housing
Program 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
to the Redeveloper and/or other legal entity to be formed in accordance with the terms of
Disposition agreement
said Agreement and for the consideration recited therein.
PASSED
AYES- 13 NOES- 0.
No. 198
RE: 1420 MAIN STREET
(Item No. 69, C.C.P., May 14, 1991)
That the above item be referred to the Committee on Finance.
Mr.Bell now moves:
That the communication from the Commissioner of Inspections and Community
Revitalization, dated May 8, 1991, be received and filed; and
That the Mayor be, and he hereby is authorized to execute a a deed
conveying the premises commonly known as 1420 Main Street to the City of
Buffalo Urban Renewal Agency for the consideration of One Dollar ($1.00) and
the Comptroller be authorized to deliver same; and
That the City of Buffalo Urban Renewal Agency be, and hereby is
authorized to solicit proposals of redevelopment strategies from interested
redevelopers, to designate a redeveloper and to negotiate a Land Disposition
Agreement for the redevelopment of the site.
PASSED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 11
NOES- ARTHUR, PITTS- 2.
No. 199
RE: CONTRACT OF SALE
NORTH COAST HOLDING COMPANY
(ITEM NO. 56, C.C.P., JULY 9, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Bell now moves:
That the Mayor, or his designee, be and hereby is authorized to enter
into an agreement and execute a deed for the sale of City-owned property
commonly known as the Ellicott-Clinton Surface Parking Lot to North Coast
Holding Company, Redeveloper, for the consideration of two million dollars and
upon all other terms and conditions of the agreement prepared by the Law
Department subject to the condition that the Law Department amend or modify the
terms and provisions of the sales agreement to clarify the following issues:
that interim payments, as provided for in the contract, are in addition to the
two million dollar purchase price; and that the City shall receive all revenues
from parking until the property is conveyed and the purchase price and all
interim payments paid, in full, to the City by the Redeveloper, and
That the Comptroller be and he hereby is authorized to deliver said deed.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, RUTECKI- 11
NOES- PERLA, PITTS- 2.
RESOLUTIONS
No. 200
BY: MR.. ARTHUR
Giving historical status to the former Goldome Headquarters, 545
Main Street.
WHEREAS: At the close of business on May 31, 1991, the Federal
Deposit Insurance Corporation seized the assets of Goldome Bank; and
WHEREAS: The former Buffalo Savings Bank Headquarters with the distinctive
Goldome as its trade mark, is a valuable resource to the culture and
architectural splendor of our city; and
WHEREAS: This beautiful structure, which opened on March I, 1901, the most
attractive bank branch, of its' time, was designed by Edward B. Green and
William Sidney Wicks, who operated Buffalo's leading architectural firm; and
WHEREAS: This neoclassic beaux arts - style building was built with Terra
Cotta overlaid with copper and covered with gold leaf in 1954 and again in
1979; and
WHEREAS: The interior of the dome features at its' center a 2,500 year old
observation of Confucius "Virture is the Root, wealth the flower" and is
surrounded by 16 wedged-shaped arabesques of renaissance ornamentation, 12 of
which feature signs of the zodiac; and
WHEREAS: This building is deserving of landmark status and designation. NOW,
THEREFORE, BE IT RESOLVED THAT:
This common Council requests that the Department of Interior and the State
Department of Parks, Recreation and Historic Preservation designate the Goldome
site as a Historic Landmark. BE IT FURTHER RESOLVED THAT:
Both agencies act in a expeditious manner to grant historic preservation status
to 545 Main Street.
ADOPTED
No. 201
BY: MR. ARTHUR
NAMING OF THEATER PLACE PAVILION-HAROLD ARLEN PAVILION
WHEREAS: Harold Arlen was a native of Buffalo who gained international
fame as a songwriter with classic compositions such as "Over the Rainbow,"
"Stormy Weather," "That Old Black Magic," "Let's Fall In Love," "Come Rain Or
Come Shine," and "It's Only A Paper Noon;" and
WHEREAS: Born Hyman Arluck in Buffalo on February 15, 1905, he became a
member of his father's synagogue choir at age 7, and left Hutchinson High
School when he was 14 to work full-time with his musical group; and
WHEREAS: At age 19 Arlen and his newly formed 11-member band, "The
Buffalodians," were booked in New York City, where he eventually found work as
singer, pianist and arranger; and
WHEREAS: At age 23 in 1928 Arlen had his first big hit with "Get Happy," and
embarked on a hugely successful songwriting career that included numerous
Broadway musical and motion picture scores; and
WHEREAS: Working with various lyricists including Ira Gershwin and Johnny
Nercer, Arlen wrote over 500 tunes that were popularized by the most prominent
singers of his era, such as Judy Garland, Lena Horne, and Sing Crosby; and
WHEREAS: A kind and generous man, Arlen did not receive the honors due one
of the greatest figures in modern American popular music until relatively late
in life because of his humility and low-key demeanor; and
WHEREAS: Harold Arlen passed away in 1986 at the age of 81, but he deserves
to be forever memorialized in a fitting manner by his home town.
NOW, THEREFORE BE IT RESOLVED:
That the pavilion area located directly behind Theater Place on Pearl St.
between Chippewa St. and Curtain Up Alley, commonly referred to as Theater
Place Pavilion, be named "Harold Arlen Pavilion." and
BE IT FURTHER RESOLVED
That the City Clerk be directed 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. 202
BY: MR. ARTHUR
At the regular meeting of the Common Council of the City of Buffalo,
which was held on Tuesday, July 9, 1991, the following resolution was
unanimously adopted, sponsored by George K. Arthur, Archie L. Amos, Jr., Norman
M. Bakos, Clifford Bell, David A. Collins, Alfred T. Coppola, Eugene M. Fahey,
David A. Franczyk, Brian M. Higgins, Rosemarie LoTempio, Carl A. Perla, Jr.,
James W. Pitts and David P. Rutecki.
WHEREAS: Justice Michael F. Dillon, a man who combined his love
of life and people with a passion for justice and compassion was called to his
eternal reward on July 9, 1991; and
WHEREAS: Respected for his integrity and dedication to his family, friends,
church and community, Mike Dillon began his career in public service as
corporation council and acting city judge in his native Lackawanna, advancing
through the ranks as district attorney, State Supreme Court Justice, and
finally, Presiding Justice of the Appellate Division of State Supreme Court;
and
WHEREAS: A man of humble beginnings, his unique blend of humor, hard work
and humility enabled him to develop a rapport with people from all walks of
life. A natural leader, he inspired loyalty and established standards of
excellence which motivated those fortunate enough to work with him or share his
friendship; and
WHEREAS: The recipient of numerous honors and a member of various
professional and community organizations, Michael F. Dillon leaves a legacy as
the consummate professional, exemplary family man, and true and loyal friend.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council, on behalf of all Buffalonians, extends its deepest
sympathies at this time of deep personal loss to the family of Michael F.
Dillon, particularly wife Elaine, sons Kevin, Patrick, Michael Jr., John, and
Daniel, and daughters Moira, Jennifer and Doreen; and
BE IT FURTHER RESOLVED:
That as this Honorable Body adjourns this day, it does so in the memory of a
truly great man, Michael F. Dillon.
ADOPTED
No. 203
BY: MR. ARTHUR
At the regular meeting of the Common Council of the City of Buffalo,
which was held on Tuesday, July 9, 1991, the following resolution was
unanimously adopted, sponsored by George K. Arthur, Archie L. Amos, Jr., Norman
M. Bakos, Clifford Bell, David A. Collins, Alfred T. Coppola, Eugene M. Fahey,
David A. Franczyk, Brian M. Higgins, Rosemarie LoTempio, Carl A. PerIa, Jr.,
James W. Pitts and David P. Rutecki.
WHEREAS: Robert D. Fernbach, a major force in the enhancement of
the quality of life in Buffalo, was called to his eternal reward on July 9,
1991; and
WHEREAS: Deservedly known as "Mr. Downtown" for his commitment and
dedication to city development, his vision, optimism and power of persuasion
were key factors in the creation of the Main Place Mall and Empire Tower in the
1960's, Fountain Plaza in the 1970's and Buffalo Place in the 1980's; and
WHEREAS: A distinguished and respected attorney, Bob Fernbach was a senior
partner with Moot & Sprague, heading the firm's litigation department and
banking law division. A native Western New Yorker, he shared his considerable
talent and energy with numerous local organizations, including the United Way,
the Catholic Diocese of Buffalo, the Historical Society and the YMCA of Buffalo
and Erie County, and various governmental advisory committees and task forces;
and
WHEREAS: Named "Buffalonian of the Year" in 1984, Robert Fernbach's low key
yet incisive style of leadership helped set the stage for Buffalo's
revitalization, and the memory of his efforts will serve as an example and
inspiration for future generations.
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council, on behalf of all Buffalonians, extends its deepest
sympathies to the family of Robert D. Fernbach, particularly wife Beth and sons
Robert D. Jr. and John P., at this time of deep personal loss; and
BE IT FURTHER RESOLVED:
That as this Honorable Body adjourns this day, it does so in the memory of a
truly great Buffalonian, Robert D. Fernbach.
ADOPTED
No. 204
BY MR. ARTHUR
Engrossed and Framed Copies
R. D. Fernbach and M. F. Dillon
That the above Resolution No. and No. C.C.P., July 23, 1991,
be engrossed and framed at a cost not to exceed Eighty Dollars ($80.00) each.
ADOPTED.
No. 205
BY: MR. BAKOS
AUTHORIZE SALE OF EASTERN PARCEL OF
WALDEN PLAYFIELDS TO
CITY OF BUFFALO URBAN RENEWAL AGENCY
(ITEM NO. 2, C.C.P., JULY 1, 1991)
WHEREAS, This Common Council adopted Item No. 2, C.C.P., July
1, 1991, Home Rule Message, Senate Bill 5-1955-A, Assembly Bill A-3O57-A, "AN
ACT AUTHORIZING THE CITY OF BUFFALO TO ABANDON AND DISCONTINUE THE USE OF A
TRACT OF LAND THAT HAS BEEN DEDICATED PARKLAND"; and
WHEREAS, The New York State Senate and Assembly have approved the
respective bills before them and the Governor has or is about to sign same into
law; and
WHEREAS, The intent of the Home Rule Message was to abandon and
discontinue the use of the tract of land as dedicated parkland in order to
permit the City of Buffalo to erect a senior citizen and other affordable
housing.
NOW, THEREFORE, BE IT RESOLVED:
That the Mayor be and he hereby is authorized to execute a deed to the
City of Buffalo Urban Renewal Agency selling and conveying, for the
consideration of One Dollar ($1.00) the property 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 part of Lot 42, Township 11, Range 7 of
the Holland Land Company Survey and being more particularly described as
follows:
Beginning at a point which is the southeast corner of sublot 29, Section
#1 as shown on the subdivision map filed in map cover 325, and running thence
southerly and along a line drawn at right angles to Walden Avenue one hundred
ten and forty seven hundredths (110.47) feet, to a point;
Running thence southerly and along a line deflecting to the left 23
degrees 55 minutes, more or less, said line being parallel to, and twenty five
(25.00) feet east of the existing chain link fence enclosing the easterly most
baseball diamond of the Scajaquada Little League Inc., for a distance of three
hundred thirty seven and thirty-five hundredths (337.35) feet, to a point;
Running thence southwesterly along a line deflecting to the right 45
degrees, 00 minutes two hundred twenty and eighty hundredths (220.80) feet,
more or less, to a point;
Running thence southwesterly and along a line deflecting to the right 45
degrees, OO minutes said line being parallel to and twenty five (25.00) feet
southeast of the existing chain link fence enclosing the southeasterly most
baseball diamond of the Scajaquada Little League Inc., to its intersection with
the westerly line of lands conveyed to the City of Buffalo by Harold S. Goldman
by deed filed in liber 8362 page 547.
Running thence southerly and along the westerly line of deed liber 8362,
page 547 to its intersection with a line drawn parallel to and one hundred
fifty (150.00) feet north of the centerline of the main tract of the former
Penn Central Railroad.
Running thence easterly along a line drawn parallel to the centerline of
the main tract of the former Penn Central Railroad eight hundred thirty and
seventy one hundredths (830.71) feet to a point of intersection with the
boundary line between the City of Buffalo and the Town of Cheektowaga;
Running thence northerly and along the boundary line between the City of
Buffalo and the Town of Cheektowaga one thousand six and seventy two hundredths
(1006.72) feet, to a point in the southerly line of section #2 of the
subdivision filed in map cover 325;
Running thence westerly and along the southerly line of section #2 map
cover 325 seven hundred sixty one and thirteen hundredths (761.13) feet to the
point of beginning.
Subject to any conditions contained in the right of way easement for
so-called Marsec Drive; and
BE IT FURTHER RESOLVED: That BURA shall dispose of such property for
senior citizen and other affordable housing under the Citywide Urban Homestead
Urban Renewal Plan subject to the provisions of the State Legislation.
PASSED.
AYES- 13 NOES- 0.
No. 206
BY: MR. BAKOS
DEMOLITION COSTS
CROSSWALK BRIDGE
1740 BAILEY AVENUE
(WILDROOT BUILDING)
WHEREAS: This Common Council, via Item 475, C.C.P. 10/03/89, approved
payment of $15,700 from the Special Assessment Fund, account 1500-002-00000, to
Sable Contracting Co., Inc. for the emergency demolition of the hazardous
crosswalk bridge spanning Fay Street at the rear of the Wildroot Building, 1740
Bailey Avenue; and
WHEREAS: As a condition of the approval, the cost of the demolition
($15,700) was to be recouped by the city by assessing the owner of the
building at that time, Awesome Abe's Auto Parts and Body Shop, Inc., 203
N.W. 36th Street, Miami, Florida 33127; and
WHEREAS: The property was subsequently acquired by another individual
through a city foreclosure auction; and
WHEREAS: The original $15,700 demolition assessment ($17,270 including
interest), which was supposed to be placed against the previous owner, has
been, in fact, levied against the new owner; and
WHEREAS: Assessing the new owner of the property instead of the owner
of record at the time of demolition is clearly a breach of the intent in
the approval of Item 175, C.C.P. 10/03/89; and
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the City of Buffalo relieves the current
owner of 1274 Bailey Avenue of any financial liability from the demolition of
the crosswalk bridge; and
BE IT FURTHER RESOLVED:
That the demolition costs plus interest ($17,270) be collected from the owner
of record at the time of demolition, Awesome Abe's Auto Parts and Body Shop,
Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- ARTHUR- 1.
No. 207
BY: MR. COLLINS
EASEMENT ON BUELL STREET
WHEREAS: Buell Street is a narrow dead end street in the Masten
Councilmanic District; and
WHEREAS: Buell Street has been used by people as a place to dispose of old
tires, refuse and garbage; and
WHEREAS: Widening this street will be beneficial to the area since it will
provide added turnaround space for all the residents of Buell Street; and
WHEREAS: Fencing must be installed and/or shrubbery planted to decrease the
temptation of children crossing or playing on the much used railroad tracks.
NOW, THEREFORE, BE IT RESOLVED:
That the Department of Public Works immediately investigate the possibility of
widening Buell Street and designating it as a cul-de-sac; and
BE IT FURTHER RESOLVED:
The Department of Public Works also determine if it would be the city's
responsibility or that of Conrail to provide fencing or shrubbery to decrease
the enticement of children to play on and around the railroad tracks.
ADOPTED
No. 208
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - CAPITAL PROJECTS
DIVISION OF DEVELOPMENT
That, pursuant to Section 42 of the Charter and the Certificate
of the Mayor
and
the Comptroller submitted to the Common Council,
the sum of $14,394
be
and the same is hereby transferred from
various accounts in Appropriation Allotments - Capital Projects Fund and said
sum is hereby reappropriated as set forth below:
FROM:
200 - Capital Projects Fund
06-1 - Division of Budget & Management
001 - Planning for Capital Projects $14,394
TO:
200 - Capital Projects Fund
71-7 Division of Development
059 - Addition to Schiller Park Senior Citizen $14.394
PASSED
AYES- 13 NOES- 0.
No. 209
BY: MR. COLLINS
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
DIVISION FOR YOUTH
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division For Youth be and the same hereby is increased in the sum
of $63,797.
That, the Comptroller be and hereby is authorized and directed to
Increase the revenue estimate of accounts as follows:
100 General Fund
81-0 General City
403 - State
85755 - Youth Bureau Program $63,797
Total increase in revenue estimate $63,797
To meet this increased appropriation as set forth below:
100 General Fund
50-6 Division For Youth
011 - NYS Youth Commission Program
Personal Services
112 Temporary Services $15,760
Purchase of Services
580 - Non-Professional Personal Services 48,037
Total increase in appropriation $63,797
PASSED
AYES- 13 NOES- 0.
No. 210
BY: MR. COLLINS
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
ENTERPRISE FUND - WATER
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor end the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Enterprise Fund - Water be and the same hereby is increased in the
sum of $400,000.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of account as follows:
410 Enterprise Fund - Water
98-0 Department of Water
96108 - Transfer from General Fund City $400,000
To meet this increased appropriation as set forth below:
410 Enterprise Fund - Water
98-0 Department of Water
013 - Repair and Installation of Water Meters
Materials and Supplies
463 - Machinery and Equipment Repair Material $2,000
Purchase of Services
530 - Laundry and Towel Service 100
573 - Engineering and Technical Services 30,000
014 - Intake Piers Tower and Tanks
Personal Services
110-Salaries-Regular 20,405
Materials and Supplies
465 Plumbing, Heating and Air Conditioning Material 1,000
Purchase of Services
523 - Repairs to Equipment and Machinery 2,000
560 - Building Repairs and Alterations 30,000
583 - Unclassified 2,500
015 - Distribution System
Personal Services
110-Salaries-Regular 74,918
Materials and Supplies
461 - Road and Highway Material 68,500
021 - Administrative Services
Personal Services
110-Salaries-Regular 18,425
Travel and Transportation
301 - Auto Allowance 500
Materials and Supplies
401 - Printing and Duplicating 300
405 - Office Supplies - Inter-Department 400
Purchase of Services
540 - Printing and Binding 2,700
031 - Mechanical Services
Materials and Supplies
460 Building Materials $3.000
465 Plumbing, Heating /Air Conditioning Material 4,000
Purchase of Services
560 - Building Repairs and Alterations 5,500
032 - Servicing Automotive Equipment
Purchase of Services
501 - Automotive Body Repairs 2,000
503 - Automotive Transmission Services 2,000
504-Automotive-Other Services 1,000
085 - Capital Outlays
960 - Special Structures and Fixed Equipment
Water Meters and Remote Registers 40,000
Valves 40,000
980 - Machinery and Equipment Buildings
Hot Water Tank 1,500
Sump Pump 5,000
982 - Operating Equipment
Gas Monitoring Units 10,000
Computer Display Terminals 2,000
Hydraulic Saws 6,000
Micro Processors 4,700
Pipe Locators 2,000
Chipping Hammers 1,800
Rock Drills 3,200
Portable Pumps 1,052
Telephone Sequencer 11,500
TOTAL $400,000
PASSED.
AYES- 13 NOES- 0.
No. 211
BY: MR. COLLINS
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
VARIOUS DEPARTMENTS
GENERAL CITY CHARGES
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Various Departments and General City Charges be and the same
hereby is increased in the sum of $5,129,832.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of accounts as follows:
100 General Fund
81-0 General City
403 - State
85940 - Supplemental Aid for Local Governments $4,205,682
85950 - Emergency Financial Aid to Certain Cities 924,150
Total increase in revenue estimate $5,129,832
To meet this increased appropriation as set forth below:
100 General Fund
03-0 Mayor and Executive Department
001 - Executive Function
Personal Services
110-Salaries-Regular $1,436
03-5 Mayor's Office for Senior Citizens
011 - Recreation Program for the Elderly
Personal Services
110 - Salaries - Regular 2,835
085 - Capital Outlay
981 - Passenger Cars & Other Vehicles
Van 17,000
04-0 Department of Audit & Control
001 - Comptroller
Personal Services
110-Salaries-Regular 1,377
002 - Data Processing
Personal Services
110-Salaries- Regular 6,502
04-1 Division of Audit
001 - Audit Services
Personal Services
110 - Salaries - Regular 5,254
04-2 Division of Accounting
001 - Accounting
Personal Services
110 - Salaries - Regular 3,879
Travel & Transportation
304 - Out-of-Town Transportation 500
305 - Meals & lodging 300
306 - Registration Fees & Dues 100
04-3 Division of Real Estate
001 - Real Estate Management
Personal Services
110 - Salaries - Regular 915
Travel & Transportation
301 - Automobile Allowance 1,500
05-0 Civil Service Commission
001 - Administrative and Advisory
Personal Services
110 - Salaries - Regular 2,476
Travel & Transportation
301 - Automobile Allowance 200
Purchase of Services
573 - Engineering & Technical Services 6,250
583 - Unclassified 10,000
06-0 Department of Administration & Finance
001 - Administrative Services
Travel & Transportation
304 - Out-of-Town Transportation 900
06-1 Division of Budget & Management
001 - Administrative Services
Personal Services
110-Salaries-Regular 1,494
Travel & Transportation
304 - Out-of-Town Transportation 900
Purchase of Services
535 - Membership Dues & Periodicals 1,100
002 Financial Control of Agencies
Personal Services
110 - Salaries - Regular 538
06-3 Division of Labor Relations
001 - Labor Relations
Personal Services
110-Salaries - Regular 732
06-4 Parking Enforcement
013 - Parking Meters & Enforcement
Personal Services
110 - Salaries - Regular 2,564
Materials & Supplies
461 - Road & Highway Materials 5,000
022 - Parking Violations Bureau
Personal Services
110 - Salaries - Regular 2,892
Purchase of Services
540 - Printing & Binding 10,000
572 - Legal Services 10,000
031 - Towing & Storage Operations
Personal Services
110-Salaries-Regular 1,545
Purchase of Services
551 - Rentals of Land & Buildings 100,000
583 - Unclassified 5,000
085 - Capital Outlay
930 - Highways & Highway Improvements
Meter Housings 7,750
Electronic Mechanisms 8,750
981 - Passenger Cars & Other Vehicles
Pickup Trucks 35,000
982 - Operating Equipment
Computer Equipment 11,000
Boot lmmobilizers 1,500
08-5 - Treasury
001 -Treasury
Personal Services
110-Salaries-Regular
Materials & Supplies
404-Office Supplies 1,000
Purchase of Services
535 - Membership Dues & Periodicals 125
550 - Long-Term Rental of Equipment 4,188
08-0 Department of Law
001 - Corporation Counsel
Personal Services
110- Salaries -Regular 6,133
Purchase of Services
583 - Unclassified 35,000
09-0 Department of Assessment
001 - Assessment
Personal Services
110-Salaries-Regular 6,620
10-0 Department of General Services
001 - Administrative Services
Personal Services
110-Salaries-Regular 971
10-1 Division of Purchase
001 - Purchasing
Personal Services
110-Salaries-Regular 954
Purchase of Services
535 - Membership Dues & Periodicals 400
10-4 Division of Inventory & Stores
001 - Inventory Management
Personal Services
110-Salaries-Regular 4,553
Materials & Supplies
450 - Automotive Maintenance Supplies 10,000
451 - Automotive Repair Supplies 5,000
453 - Tires and Tubes 30,000
Purchase of Services
550 - Long-Term Rental of Equipment 5,000
085 - Capital Outlay
981 - Passenger Cars & Other Vehicles
Van 14,000
20-1 Office of the Police Commissioner
001 - Administrative
Personal Services
110-Salaries-Regular 846
002 - Office of Professional Standards
Personal Services
110 - Salaries - Regular 990
003 - Office of Public Affairs
Personal Services
110 - Salaries - Regular 2,130
20-2 Bureau of Special Services
001 - Administration & Intelligence
Personal Services
110-Salaries-Regular 1,526
002 - Tactical Division
Personal Services
110 - Salaries - Regular 15,843
003 - Investigations Division
Personal Services
110-Salaries-Regular 33,784
20-3 Bureau of Field Services
002 - Patrol Services
Personal Services
110 - Salaries - Regular 101,418
20-4 Bureau of Administrative Services
001 - Administrative
Personal Services
110 - Salaries - Regular 1,471
002 - Management Services
Personal Services
110-Salaries-Regular 2,168
003 - Building & Fleet Maintenance
Personal Services
110 - Salaries - Regular 3,346
004 - Communication & Records
Personal Services
110-Salaries-Regular 12,448
21-0 Department of Fire
011 - Fire Fighting Services
Personal Services
110 - Salaries - Regular 141,324
012 - Fire Prevention Services
Personal Services
110-Salaries-Regular 1,742
013 - Fire Boat Services
Personal Services
110-Salaries - Regular 2,271
021 - Administrative Services
Personal Services
110-Salaries-Regular 2,647
Travel & Transportation
305 - Meals & Lodging 700
022 - Fire Defense & Training Services
Personal Services
110 - Salaries - Regular 666
Travel & Transportation
305 - Meals & Lodging 2,000
023 - Fire Alarm Telegraph System
Personal Services
110-Salaries-Regular 4,319
031 - Fire Headquarter & Stationhouse Maintenance
Personal Services
110-Salaries-Regular 533
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 1,230
24-0 Department of Inspections & Community Revitalization
021 - Administrative Services
Personal Services
110-Salaries-Regular 924
Purchase of Services
535 - Membership Dues & Periodicals 500
24-1 Division of Housing & Property Inspection
011 - Inspections and Enforcement
Personal Services
110 - Salaries - Regular 9,128
Purchase of Services
583 - Unclassified 10,000
065 - Capital Outlay
900 - Land & Betterments
Demolition of City-Owned Buildings 100,000
24-2 Division of Community Revitalization
021 - Community Revitalization
Personal Services
110 - Salaries - Regular 3,087
Purchase of Services
535 - Membership Dues & Periodicals 350
40-0 Department of Public Works
021 - Administrative Services
Travel & Transportation
304 - Out-of-Town Transportation 500
305-Meals & Lodging 400
40-1 Division of Engineering
012 - Lighting of Streets
Personal Services
110 - Salaries - Regular 490
119 - Salary Adjustment
Public Utility Services
221 - Electric, Light and Power 350,000
014 - Construction of Streets
Personal Services
110-Salaries-Regular 3,894
015 - Repair & Construction of Other Public Improvements
Personal Services
110 - Salaries - Regular 5,557
016 - Design & Planning of City Streets
Personal Services
110-Salaries-Regular 1,911
021 - Administrative Services
Personal Services
110-Salaries-Regular 2,300
023 - Traffic Engineering Services
Personal Services
110 - Salaries- Regular 4,370
085 - Capital Outlay
930 - Highways & Highway Improvements
Street Light Standards 10,000
Traffic Signs & Pavement Markings 15,000
981 - Passenger Cars & Other Vehicles
Dump Trucks 70,000
40-2 Division of Buildings
011 - Inspection of Non-Public Plans & Structures
Personal Services
110 - Salaries - Regular 1,411
Purchase of Services
535 - Membership Dues & Periodicals 415
013-Licenses
Personal Services
110-Salaries - Regular 1,834
Travel & Transportation
301 - Automobile Allowance 1,000
Purchase of Services
583 - Unclassified 4,500
021 - Administrative Services
Personal Services
110-Salaries-Regular 866
Purchase of Services
535 - Membership Dues & Periodicals 3,000
022 - Plan & Design of Public Buildings
Personal Services
110 - Salaries - Regular 1,798
Travel & Transportation
301 - Automobile Allowance 1,200
031 - Operation & Maintenance of Public Buildings
Personal Services
110-Salaries-Regular 10,849
119 - Salary Adjustment
Travel & Transportation
301 - Automobile Allowance 1,200
085 - Capital Outlay
981 - Passenger Cars & Other Vehicles
Tractor 10,000
Van 15,000
50-0 Department of Human Resources
002 - Administrative Services
Personal Services
110 - Salaries - Regular 759
Travel & Transportation
301 - Automobile Allowance 1,125
003 - Contract Administration
Personal Services
110-SalarIes-Regular 1,112
Travel & Transportation
301 - Automobile Allowance 1,500
004 - Advocacy Office for People with Handicapping Conditions
Travel & Transportation
301 - Automobile Allowance 375
152 - Veterans Helping Veterans
Travel & Transportation
301 - Automobile Allowance 375
50-4 Division of Substance Services
012 - BMHA/HUD Substance Abuse Program
Personal Services
110-Salaries-Regular 1,344
013 - NYS DSAS AIDS Program
Personal Services
110 - Salaries - Regular 701
50-5 Division for Employment and Training
021 - Employment and Training Services
Personal Services
110-Salaries-Regular 1,420
Travel & Transportation
301 - Automobile Allowance 375
50-6 Division for Youth
011 - NYS Youth Commission Program
Personal Services
110-Salaries-Regular 1,674
50-7 Urban Affairs
001 - Urban Affairs
Personal Services 877
110-Salaries-Regular
Travel & Transportation
301-Automobile Allowance 1,125
60-0 Department of Parks
021 - Administrative Services
Personal Services
110 - Salaries - Regular 946
60-1 Division of Parks
011 - Park District Golf Courses & Gardens
Personal Services
110 - Salaries - Regular 6,019
Materials & Supplies
421 - Agricultural & Botanical Supplies 10,000
012 - Care & Replacement of Trees
Personal Services
110 - Salaries - Regular 734
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 898
Purchase of Services
504 - Automotive - Other Servicing 10,000
085 - Capital Outlay
981 - Passenger Cars & Other Vehicles
Tractors 20,000
Pickups 40,000
982 - Operating Equipment
Mowers 40,000
60-2 Division of Recreation
011 - Recreational Facilities & Activities
Personal Services
110-Salaries-Regular 2,424
012 - NYS Youth Commission Program
Personal Services
110 - Salaries - Regular 696
70-0 Department of Street Sanitation
011 - Collection of Ashes, Garbage & Refuse
Personal Services
110 - Salaries - Regular 22,484
012 - Vermin & Animal Control
Personal Services
110-Salaries-Regular 1,840
013 - Cleaning Streets & Snow Removal
Personal Services
110 - Salaries - Regular 13,669
Materials & Supplies
433 - Salt and Sand 65,000
021 - Administrative Services
Personal Services
110-Salaries-Regular 996
032 - Servicing Automotive Equipment
Personal Services
110 - Salaries - Regular 4,651
065 - Capital Outlay
981 - Passenger Cars & Other Vehicles
Packers 280,000
Dump Trucks 205,000
71-0 Department of Community Development
001 - Executive
Personal Services
110-Salaries- Regular 1,346
71-1 Division of Planning
001 - Community Development Planning
Personal Services
110-Salaries-Regular 2,054
Travel & Transportation
301 - Automobile Allowance 200
71-7 Division of Development
021 - Community Development Development
Personal Services
110 - Salaries - Regular 1,048
Travel & Transportation
301 - Automobile Allowance 375
81-2 Miscellaneous Charges
a - Judgement & Claims - Prior Years 437,519
812 - Buffalo Convention Center Management Corp 75,000
822 - Revaluation 7,383
265 - Contribution to Enterprise Fund - Water 400,000
81-3 Fringe Benefits
177 - Reserve for Agreements with City Employees 2,098,755
TOTAL $5,129,832
PASSED
AYES- 13 NOES- 0.
No. 212
BY: MR. COLLINS
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
BOARD OF EDUCATION
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Board of Education be and the same hereby is increased in the sum
of $7,691,264.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of accounts as follows:
100 General Fund
97-0 Board of Education
revised 1991-92 lNCREASE/
403 STATE REVENUE 1991-92 ESTIMATE (DECREASE)
BUDGET (as of 7-3-91) IN ESTIMATE
85721 Basic Formula Aid:
Operating Expense Aid $124,550,000 $126,744,600 $2,194,600
Supplemental Support Aid 3,590,000 9,515,316
5,925,316
High Tax Aid 3,400,000 4,476,090
1,076,090
Building Aid 2,610,000 2,613,47
33,473
Transportation Aid 13,840,000 16,200,000
2,360,000
Private Excess Cost Aid 3,150,000 (3,150,000)
Public Excess Cost Aid 24,350,000 27,799,785
3,449,785
Diagnostic Screening Aid 440,000 (440,000)
Gifted & Talented 246,960
246,960
Limited English Aid 590,000 590,340
340
Attendance Improvement Aid 1,130,000 1,144,334 14,334
Computer Hardware 300,000 305,681
5,681
Excellence in Teaching 1,229,215
1,229,215
Education Related Support 400,000 (400,000)
Vocational Equipment 400,000 438,151
38,151
Speech Therapy 140,000
(140,000)
Occupational Ed Aid 10,920,000 13,447,896
2,527,896
Compensatory education 6,180,000 6,291,857
111,857
TOTAL GENERAL AIDS $195,990,000 $211,043,698 $15,053,698
85771 Library Materials 91,000 278,5151
87,515
Computer Software Aid 186,000 (186,000)
85731 Textbook Aid 1,380,000 1,385,950
5,950
Employment Preparation 1,042,436
1,042,436
GENERAL FUND TOTAL $197,647,000 $213,750,599 $16,103,599
STATE DEFICIT REDUCTIONS 0 (9,383,465)
(9,383,465)
NET GENERAL FUND AID $197,647,000 $204,367,134 $6,720,134
85751 Reading/Academic Achieve15,500,002 15,500,000 (2)
85761 Magnet School Grant 10,025,112 10,025,000
(112)
85741 Improving Pupil Performance 4,528,756 5,500,000 971,244
Pupils with Compensatory Needs 2,500,000 2,500,000
0
NET AID TO BE RECEIVED $230,200,870 $237,892,134 $7,691,264
To meet this increased appropriation as set forth below:
100 General Fund
97-0 Board of Education
Operation and Maintenance $7,691,264
This will increase the Board of Education General Fund Appropriation from
$302,858,296 to $310,549,560.
PASSED
AYES- 13 NOES- 0.
No. 213
BY:MR. COLLINS
CODE COMPLIANCE OF PROPERTIES BOUGHT AT CITY AUCTIONS
WHEREAS: The City of Buffalo auctions off many properties during
the year; and
WHEREAS: These parcels are at times purchased by investors whose main
purpose is to either milk these properties for maximum rental income or use
them for a tax shelter; and
WHEREAS: A good portion of these properties are in deplorable condition and
are in need of much repair to bring them into code compliance;
and
WHEREAS: Part of the in rem process should be the inspection of the acquired
property within a two year period of time; NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel report back to this Council on the legality of
placing a code compliance condition on all in rem sales.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMPTROLLER AND THE CORPORATION COUNSEL
No. 214
BY:MR. COPPOLA
REQUEST INFORMATION ON
CHAIN SAW PURCHASE
WHEREAS: The Department of Street Sanitation was authorized in
the 1990-91 budget to spend $385,120 on two garbage trucks, two dump trucks, a
van, a four-wheel-drive vehicle, and other equipment; and
WHEREAS: The Department spent $1,046 on Homelite chain saws even though
chain saws were not specifically mentioned in the budget.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following information from the Commissioner of
the Department of Street Sanitation:
1. How many chain saws were purchased through funds from the 1999-91 budget?
2. For what purpose does the Department of Street Sanitation use chain saws?
3. How many chain saws are presently in the Department's inventory?
ADOPTED
No. 215
BY:MR. COPPOLA
REQUEST INFORMATION ON
UNAUTHORIZED AUTO PURCHASE
WHEREAS: The Commissioner of the Department of Street Sanitation
was authorized in the 1990-91 budget to spend $385,120 on new equipment
consisting of two garbage trucks, two dump trucks, a van, a four-wheel-drive
vehicle, and various other pieces of equipment; and
WHEREAS: Although the Commissioner was not authorized to do so, on August
22, 1990, he advertised for bids on a new automobile; and
WHEREAS: The Commissioner purchased a 1991 Chevrolet Caprice for $15,750.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests an opinion from the Corporation Counsel on the
legality of the purchase of the Commissioner's automobile even though funds
were not authorized in the 1990-91 budget by the administration or this body
and the legality of the transfer of funds in order to make the purchase as the
Common Council must approve the transfer of funds.
BE IT FURTHER RESOLVED THAT
The Comptroller's office supply this Common Council with a detailed account of
all expenditures from January, 1990, to present, broken down into specific
departments or subdepartments.
ADOPTED
No. 216
BY:MR. COPPOLA
REQUEST INFORMATION FROM
THE CIVIL SERVICE COMMISSION REGARDING POLICE EXAM
WHEREAS: The Civil Service Commission is presently advertising
an examination for police officer; and
WHEREAS: The final filing date is November 1, 1991, with an examination date
of December 7, 1991; and
WHEREAS: Presently, an active list of candidates exists.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following information from the Civil Service
Commission:
l. If an active list exists, why is the Civil Service Commission advertising
for a new exam?
2. How old is the present list?
3. Why can't candidates from the present list be considered for appointment?
ADOPTED
No. 217
BY:MR. COPPOLA
USDA FOOD PROGRAM
REIMBURSEMENT
WHEREAS: The United States Department of Agriculture withheld $80,065.82
from the Board of Education to satisfy a claim against the Parks Department
Summer Lunch Program for improperly spent funds; and
WHEREAS: The Buffalo Board of Education sponsored the USDA summer lunch
program prior to 1984, but relinquished control in 1984 to the Buffalo Parks
Department, which developed the program into a year-round program by applying
to the USDA for funding for a Summer Lunch and Child Care Program; and
WHEREAS: The Common Council did not formally approve the application for
funding the year-round Summer Lunch and Child Care Program during the years of
operation, 1984, 1985, 1986, and 1987; and
WHEREAS: The USDA directed that the program be ended in May, 1987, and
commenced an audit of the program for the years 1984, 1985, 1986, and 1987, and
determined that various expenditures should be disallowed; and
WHEREAS: The Marriott Corporation has also filed a claim of $59,522.85
against the program.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following information from the Corporation
Counsel by the first meeting after the August recess, September 3, 1991:
1. Who signed the contracts for the duration of the Summer Lunch and Child
Care Program, which was funded by the USDA for the years 1984, 1985, 1986, and
1987?
2. Who authorized the agreement between the Parks
Department and the USDA?
3. What is the current status of the USDA claim?
4. What is the current status of the Marriott claim?
5. Provide this Common Council with a copy of the audit performed by the USDA.
6. Provide this Common Council with a copy of all responses from the
Corporation Counsel to the USDA regarding this claim.
BE IT FURTHER RESOLVED THAT
The City Clerk send certified copies of this resolution to the United States
Department of Agriculture and the Marriott Corporation.
ADOPTED
No. 218
BY:MR. COPPOLA
REQUEST POLICE
COMMISSIONER FILL
POSITIONS IN BUDGET
WHEREAS: Central Police Services will begin a new class in September;
and
WHEREAS: At least ten positions have been budgeted for the coming year;
however, depending on the final outcome in the State budget that number could
increase to twenty; and
WHEREAS: Presently, the total number of officers is 983, with the
possibility of thirty to forty more officers retiring in the near future.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that, due to the critical need for more police
officers, the Commissioner of Police appoint candidates to fill the ten
definite positions for the new class to begin in September at Central Police
Services.
ADOPTED
No. 219
BY:MR. COPPOLA
REQUEST THAT HURD CLAIMS BE EXPEDITED
WHEREAS: The State budget has finally been passed, and included
in that budget were funds to satisfy claims against the City of Buffalo for
overpayment of taxes during the period 1974 through 1978; and
WHEREAS: The City of Buffalo hired Price Waterhouse to validate any claims
filed by persons who owned property in the City of Buffalo during that period
for overpayment.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council recommends that Price Waterhouse expedite payment to those
property owners who filed validated claims for overpayment of taxes during 1974
through 1978.
ADOPTED
No. 220
BY:MR. COPPOLA
APPOINTMENTS TO THE
COUNCIL TASK FORCE ON
MEDICAL WASTE DISPOSAL OPTION
WHEREAS: The NYSDEC has promulgated new regulations for medical
waste incineration which must he met by January of 1992; and
WHEREAS: This Common Council has created a Task Force on Medical Waste
Disposal Options in order to air concerns and seek solutions regarding medical
waste disposal; and
WHEREAS: The first meeting of this Task Force was held on July Il, 1991 and
involved a constructive dialogue on the relevant environmental and economic
issues; and
WHEREAS: There has been further interest shown in the Task Force by various
parties and it would be beneficial to expand the Task Force to accommodate that
interest;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby makes the following additional appointments to the
Task Force on Medical Waste Disposal Options:
Otis Glover
Administrator for Community Services
Buffalo General Hospital
100 High Street
Buffalo, NY 14203
Christine Houghton
Greenpeace
185 Spadina Avenue
6th Floor
Toronto, Ontario M5T2C6
BE IT FURTHER RESOLVED THAT:
The City Clerk is hereby directed to send certified copies of this resolution
to the above listed individuals.
ADOPTED
No. 221
BY:MR. FAHEY
REQUEST FOR REPORT ON PURCHASE OF LEAD ANALYSIS EQUIPMENT AND
DESIGN OF LEAD TESTING PROGRAM
WHEREAS: $15,000 was included in this year's Block Grant budget
for the purchase of an x-ray fluorescence (x-rf) analyzer which would allow
city inspectors to detect lead based paint; and
WHEREAS: This budget allotment is part of the process of implementing
Chapter 261 of the code of the city of Buffalo which was added by this Council
in 1990 (Item 219 C.C.P. July 31, 1990 - Ordinance Amendment New Chapter 261
-Lead-Based Paint Abatement)
WHEREAS: This Chapter requires that when children are found through medical
tests to have high levels of lead in their blood, the city will test the
residence in question for leaded paint and the owner of the property will be
obligated to remediate the property if leaded paint is found;
NOW, THEREFORE BE IT RESOLVED THAT:
This Council requests the Department of Inspections and Community
Revitalization to report on its plans regarding the purchase of an x-rf
analyzer and the execution of Chapter 261 of the City Code.
ADOPTED
No. 222
BY:MR. FAHEY
REQUEST ORDINANCE AMENDMENT ON TESTING
SITES BEFORE IN REM TAKEOVERS
WHEREAS: When businesses fail environmental obligations are often
one of the first areas which are allowed to deteriorate because such duties can
be expensive and don't usually produce much immediate cash flow; and
WHEREAS: As a result, contamination with hazardous substances may become an
increasingly common problem with properties facing foreclosure by the city; and
WHEREAS: The city needs a way of ensuring that properties which it picks up
through foreclosure are not contaminated with substances which are excessively
expensive to remediate;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Department of Law to draft an ordinance
amendment which would provide for the environmental testing of any commercial
or industrial properties before they are taken over for back taxes.
ADOPTED
No. 223
BY:MR. FAHEY
INVITING ERIE COUNTY TO JOIN IN CREATING A
CITY-COUNTY LEAD POISONING ADVISORY BOARD
WHEREAS: Lead exposure is a serious public health concern and it
can cause kidney damage, high blood pressure, anemia, infertility, birth
defects, developmental and learning disabilities, and memory impairment; and
WHEREAS: One of the primary means of lead exposure for young children is
leaded paint which creates lead dust and edible paint chips as it deteriorates;
and
WHEREAS: The Environmental Defense Fund has identified the children of
Buffalo as facing the sixth highest level of risk of any city in the nation
based on the age of the housing stock here; and
WHEREAS: Studies done at Buffalo Children's Hospital by Drs. Janet and David
Schucard have found that 60% of babies born there had measurable umbilical cord
blood lead levels, a fact which puts these children at greater risk if they are
further exposed to lead as they grow up; and
WHEREAS: The Centers for Disease Control has recognized the potential
severity of the local lead exposure problem and has developed a $75,000 grant
under which a Buffalo neighborhood will be screened for lead exposure, abated
and screened again; and
WHEREAS: This Common Council has addressed the problem of lead exposure by
amending the City Code to add a Chapter 261 which provides for the abatement of
lead paint contaminated properties in the city of Buffalo; and
WHEREAS: This Council has built a cooperative relationship with consumer
advocate organizations which are actively working to reduce lead exposure among
the citizens of our city; and
WHEREAS: Both the City of Buffalo and the County of Erie have an obligation
to promote an awareness of the dangers of lead exposure and to develop and
publicize solutions to this vexing problem; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Erie County Legislature to join in
setting up a City-County Advisory Board on Lead Exposure to be made up of four
appointees each from the Council and the Legislature with a charge of
publicizing the dangers of lead exposure and creating workable solutions to the
problem; and
BE IT FURTHER RESOLVED THAT:
the City Clerk is hereby directed to send a certified copy of this resolution
to the Erie County Legislature.
ADOPTED
No. 224
BY:MESSRS. FAHEY AND BAKOS
COUNCIL REQUEST FOR INFORMATION ON PVS
CHEMICAL RELEASE
WHEREAS: PVS Chemicals Inc. of 55 Lee Street has reported to the
NYS Department of Environmental Conservation (DEC) that on July 5, 1991 an
"equipment upset", occurred which may have released as much as 14,930 pounds of
sulphur dioxide into the air in a six hour period; and
WHEREAS: According to the standard text, Dangerous Properties of Industrial
Materials, sulfur dioxide "has a suffocating odor and is a corrosive and
poisonous material" which can affect the eyes and the upper respiratory tract,
can be fatal at concentrations of 400-500 parts per million and can react
Violently with more than a dozen other chemicals; and
WHEREAS: PVS data shows that as early as 5:00 AM that morning equipment
problems were charted, yet the releases of sulfur dioxide were not stopped
until after they apparently peaked in the late morning; and
WHEREAS: Subsequent to these releases, neighbors of the plant have become
concerned as foliage damage and the death of birds and pets have been
consistently reported in a survey taken by neighborhood residents; and
WHEREAS: Neighbors of the PVS plant are worried not only about this one
incident, but about a pattern of air pollution in their neighborhood; and
WHEREAS: According to Toxic Release Inventory Data compiled by NYSDEC for
1989, PVS released over 26,000 pounds or sulfuric acid to the air and over 500
pounds of sulfuric acid to the Buffalo River, as well as up to 1,000 pounds of
hydrochloric acid to the air in that year; and
WHEREAS: Inventory Data also show that Buffalo Color, which is located at
100 Lee Street, had 1989 air releases of the following quantities of toxic
inventory chemicals: 1-499 pounds of formaldehyde; over 13,689 pounds of
analine; 218,532 pounds of methanol; 21,453 pounds of butadiene; 3,782 pounds
of maleic anhydride; over 15,795 pounds of dimethylaniline, 323,351 pounds of
ammonia; and from l to 499 pounds each of sulfuric acid, cyanide compounds and
nickel compounds; and
WHEREAS: Although it is not clear what health impacts have resulted from the
release of such large quantities of chemicals, it is apparent to the naked eye
as well as to the untrained sense of smell that the air in this neighborhood is
often tainted with chemicals and should be monitored closely; and
WHEREAS: The Seneca-Babcock Community Center has called an informational
meeting concerning the sulfur dioxide release for Wednesday, July 24, 1991 at
7:00 PM; NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council commends the Seneca-Babcock Center for holding this meeting
and requests PVS Chemicals to provide a full accounting of why their equipment
failed, why they didn't shut the faulty process down, what steps they are
taking to prevent such incidents in the future, and what restitution they are
willing to make to the neighborhood, with a written version of this report to
be filed with the Buffalo City Clerk at 1308 City Hall as soon as possible; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the NYSDEC, in consultation with the NYS
Department of Health (DOH), to prepare a written report for distribution in the
Seneca-Babcock area detailing the potential health effects of toxic air
emissions in this neighborhood, the symptoms which residents should watch for
to determine if they are being affected, and an explanation of efforts being
made to reduce toxic emissions; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the N
YSDEC to establish an air monitoring system for the Seneca-Babcock
neighborhood;. and
BE IT FINALLY RESOLVED THAT:
The City Clerk is hereby directed to send certified copies of this resolution
to PVS Chemicals Inc., Buffalo Color Corp., the NYSDEC, the NYSDOH, and the
Seneca-Babcock Community Center.
ADOPTED.
No. 225
BY MESSRS. FAHEY AND PITTS
SET PUBLIC HEARING:
Sycamore Square Model Home Project Community Wide Urban Renewal Homestead
Program Kenneth R. Anderhalt, Redeveloper
WHEREAS, Kenneth R. Anderhalt 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 eight (8) residential units of
new housing known as the Sycamore Square Model Rome Project in the Community
Wide Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
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
23rd day of August 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock PM. in the Council Chambers
on the 3rd day of September 1991.
ADOPTED
No. 226
BY:MR. FAHEY, MR. ARTHUR, MR. COPPOLA
PERMISSION TO PROVIDE HURD REFUNDS AND PERMISSION TO ENTER AGREEMENT
WITH MUNICIPAL BOND BANK AGENCY
WHEREAS, the City of Buffalo for several years has sought state
assistance to help resolve the Hurd property tax refund issue; and
WHEREAS, in the Spring of 1991 the State Legislature approved a budget
bill (52922 - A4422) submitted by Governor Cuomo which authorizes the cities of
Buffalo and Rochester to receive proceeds from the issuance of bonds by the
State Municipal Bond Bank Agency (MBBA) for the purpose of refunding property
taxes declared to be in excess of Constitutional tax limits; and
WHEREAS, in addition, the 1991-92 State budget includes a $2.5 million
appropriation to be used for Hurd-related expenses for the cities of Buffalo
and Rochester to be distributed proportionately to the size of each city's Hurd
Bond issue; and
WHEREAS, Buffalo's share of this $2.5 million is estimated to be
approximately $970, ODD, and the balance of $1,530,000 will be provided to the
City of Rochester; and
WHEREAS, although the State's future financial contributions are
dependent on annual appropriations by the State Legislature, the Memorandum in
Support of the above referenced legislation declares, "the State intends to
appropriate approximately $2.5 million in aid specifically for use in partially
defraying the special program agreement payments associated with this bond
issuance"; and
WHEREAS, by utilizing the MBBA to issue bonds for tax refunds, rather
than issuing City general obligation bonds, the life of the bonds may be
extended from 15 years to 25 years, thus lowering the annual debt service
payments. Also, a level debt retirement schedule can be used which will result
in lower payments in the early years of the life of the bond than would be
required for a City general obligation bond; and
WHEREAS, to issue these bonds, the MBBA requires an executed repayment
agreement with each of the participating cities; and
WHEREAS, under contract with the City of Buffalo, the accounting firm of
Price Waterhouse has identified 57,614 valid tax refund claims, amounting to
$36,267,964 or $22,123,458 at $.61 on the dollar as has been provided in
Rochester and to most judgment creditors in Buffalo; and
WHEREAS, the time tables under which Price Waterhouse and the MBBA are
currently working provide for anticipated tax refunds to be made by the end of
October, 1991, if proper authorization is received from this Common Council and
State Supreme Court; and
WHEREAS, it is the desire and intent of this Common Council to provide
$.61 on the dollar refunds to all valid claimants in the Hurd property tax
refund case as determined by Price Waterhouse and the Court;
NOW, THEREFORE, BE IT RESOLVED:
That the Corporation Counsel is authorized to submit to the New York
State Supreme Court and to the parties of the Hurd class action suit, a
settlement offering that would provide payment of $.61 on the dollar to all
valid claimants as determined by Price Waterhouse and the Court; and
BE, IT FURTHER RESOLVED:
That the Mayor and Comptroller are authorized to negotiate and execute a
repayment agreement with the Municipal Bond Bank Agency of the State of New
York for the issuance of bonds, the proceeds of which shall be used to provide
$.61 on the dollar refunds to all valid claimants in the Hurd property tax
refund case; and
BE, IT FURTHER RESOLVED:
That the said agreement will obligate the City to pay the MBBA an amount
equal to the annual debt service on the bonds issued for the City of Buffalo.
PASSED
AYES- 13 NOES- 0.
No. 227
BY: MR. FRANCZYK
APPOINTMENT OF LEGISLATIVE ASSISTANT
TO THE FILLMORE DISTRICT COUNCILMEMBER
WHEREAS: John C. Stehlin has ably served as a legislative assistant
to the Fillmore District Council Member, effective August 17, 1991.
NOW THEREFORE BE IT RESOLVED:
That Kathleen A. Palka of 858 Fillmore Ave. Buffalo, NY, 14212, be appointed to
the position of Legislative Assistant to the Fillmore District CouncilMember,
effected August 19, 1991.
ADOPTED
No. 228
BY:MR. HIGGINS
COUNCIL APPEAL TO GOV. CUOMO AND LEGISLATURE
RE WEST VALLEY NUCLEAR DUMP
WHEREAS: Governor Cuomo has repeatedly enunciated the importance
of the democratic process in assuring the future greatness our nation; and
WHEREAS: There can be no better expression of democracy than the thoughtful
casting of a vote in a referendum on a local issue of great importance to the
future of a community; and
WHEREAS: On Tuesday, July 9, 1991, 90% of eligible voters in the Town of
Ashford turned out and voted against a state negotiated plan to place a nuclear
waste dump at the former West Valley nuclear fuel reprocessing center in
Ashford by a vote of 702 to 533; and
WHEREAS: Despite this vote, and a July 17, 1991 vote against the dump by the
Cattaraugus County legislature, the Governor appears to be supporting the
opening of this dump; and
WHEREAS: In 1986, the Governor and the Legislature, after consideration of
issues involving scientific evidence, environmental protection and siting
equity, voted to ban West Valley from consideration as a site for the proposed
low-level waste dump; and
WHEREAS: Although none of the scientific, environmental and equity issues
raised at that time have been resolved, the Governor now appears to be
supporting the opening of this dump at West Valley; and
WHEREAS: In 1986, Governor Cuomo campaigned ardently for the passage of a
$1.2 billion bond act designed to clean up hazardous waste sites throughout New
York State ;and
WHEREAS: Today, despite the fact that Western New York remains overwhelmed
by 230 toxic dumps many of which are languishing and void of visible activity
by the NYSDEC, the Governor appears to be supporting a major addition to the
local toxic burden; and
WHEREAS: The area around the West Valley site is a beautiful and bucolic
region which can be harmed not only environmentally but economically if its
reputation is brought down by leaking nuclear waste; and
WHEREAS: If the natural ambience of West Valley is lost in the nuclear
shuffle, the $4 million in incentives the state is offering will seem like a
pittance 20 years from now; and
WHEREAS: The city of Buffalo also has much to lose from the siting of a
dump at West Valley both because the possibility of a nuclear transportation
accident will be greatly increased and because the advantages of our location
next to a body of fresh water are jeopardized when wastes which must be managed
for thousands of years are placed so close to Lake Erie and its tributaries;
and
WHEREAS: It has been the hope of the Western New York community that the
federal waste solidification project which is currently ongoing at West Valley
will result in the permanent removal of nuclear wastes from our community, a
hope which will be dashed if the currently proposed dump is established;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council appeals to Governor Cuomo and the New York State
Legislature to carefully consider the evidence they cited in their 1986
decision to ban West Valley as a potential low-level dump site and to
decisively reject the use of West Valley, NY for this purpose; and
BE IT FURTHER RESOLVED THAT:
This Council hereby directs the City Clerk to send certified copies of this
resolution to Governor Cuomo, the Clerk of the Assembly, the Secretary of the
Senate, the members of the New York State legislative delegation, and the
Ashford Town Board.
ADOPTED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- ARTHUR- 1.
No. 239
BY: MR. HIGGINS
Authorization of surplus funds for South Buffalo Community Association's
Youth and Recreational Programs for 1991-1992
WHEREAS: South Buffalo Community Association is the only human
service agency offering comprehensive youth, adult, and senior services to the
residents of South Buffalo; and
WHEREAS: As a result of State budget cuts for Fiscal Year 91-92,the South
Buffalo Community Association has lost all Buffalo Division For Youth funding
thus threatening the elimination of all youth and recreational programming; and
WHEREAS: The South Buffalo Community Association Board and Staff have
developed a plan which in effect could ' save the youth and recreation
programs; and This plan is contingent on retaining $1500 in unspent 90-91
grant-in-aid funds.
NOW THEREFORE BE IT RESOLVED:
That this Common Council authorizies the use of $1500 of 90-91 grant-in-aid
surplus to fund the South Buffalo Community Association Youth and Recreational
programs in fiscal year 91-92.
PASSED
AYES- 13 NOES- 0.
No. 230
BY: MR. HIGGINS
REQUEST TO ERECT BANNER ON SOUTH PARKLAND CHOATE STREET FOR
CAZENOVIA
PARK CARNIVAL
WHEREAS: The Stingray Athletic Club, a non-profit organization,
is sponsoring a Carnival in Cazenovia Park August 30 - September 2; and
WHEREAS: All proceeds benefit this community group which provides organized
sports activities for youngsters; and
WHEREAS: In order to publicize this event, the organizers would like
permission to display a banner across South Park Avenue at Choate Street; and
WHEREAS: The organizers would like permission to display the banner from
August 1 through September 2, 1991.
NOW THEREFORE BE IT RESOLVED:
That this Common Council of the City of Buffalo does hereby grant permission to
the Stingrays Athletic Club to display a banner at South Park and Choate
Streets for the period of August 1 through September 2, providing this banner
meets all requirements of all pertinent City Departments and violates no
existing law or ordinance.
PASSED.
AYES- 13 NOES- 0.
No. 231
BY:MESSRS. HIGGINS AND PERLA
ADD MEMBERS TO
COMMON COUNCIL HAZARDOUS
WASTE SITE TASK FORCE
WHEREAS: This Common Council adopted resolution 231, C.C.P. May
28, 1991 - "Pressing for Action - Hazardous Waste Sites"; and
WHEREAS: This resolution established a Task Force on Hazardous Waste Sites
whose role is to facilitate communication between the City, State agencies and
the public regarding the cleanup of hazardous waste sites; and
WHEREAS: In order to broaden participation in the Task Force the addition of
interested individuals, including expanded representation from the
Environmental Management Commission, would be advantageous;
NOW, THEREFORE BE IT RESOLVED THAT:
The following individuals be appointed to the Common Council Task Force on
Hazardous Waste Sites:
Councilmember Archie L. Amos Jr.
and:
Will McDonald
292 Potters Road
Buffalo, NY 14220
and from the Environmental Management Commission;
Richard J. Lippes Earl Robinson
7 Audley End P.O. Box 981
Eggertsville, NY14226 Buffalo, NY 14240
ADOPTED
No. 232
By:MRS. LOTEMPIO
SEX EDUCATION AND PREGNANCY PREVENTION
WHEREAS: Recently there has been repeated discussion concerning
the lack of Sex Education and Pregnancy Prevention information for school age
individuals in the City of Buffalo; and
WHEREAS: Substantial concerns regarding this issue have been generated
throughout our community; and
WHEREAS: Teen pregnancy is at an all time high and many attribute this high
rate of teen pregnancy to the lack of adequate Sex Education and Human
Sexuality Programs in the Buffalo School system.
NOW THEREFORE BE IT RESOLVED:
That this Common Council respectfully requests that the Buffalo Board of
Education file a report listing the total number of teen pregnancies in the
Buffalo School system over the last four years, broken down by school, by grade
level and also list the enrollment for each school.
BE IT FURTHER RESOLVED:
That this Common Council requests the Buffalo Board of Education to file its
plans on addressing the overwhelming problem of Teen Pregnancy in the City of
Buffalo.
BE IT FURTHER RESOLVED:
That this Common Council requests the Board of Education to file a copy of the
State Mandated Health Program for Public Schools.
BE IT FINALLY RESOLVED:
That the Board of Education file with the Common Council all of the above
requested information by August 29, 1991 for review at the next Council meeting
scheduled for September 3, 1991.
'ADOPTED
AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8
NOES- AMOS, ARTHUR, BELL, COLLINS, PITTS- 5.
No. 233
BY:MRS. LOTEMPIO
RE: ORDINANCE AMENDMENT
CHAPTER 232, SECTION 232-6, ARTICLE I -
HANDBILLS AND OTHER PUBLICATIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section l. That Section 232-6 of Chapter 232 of the Code of the City of
Buffalo be amended to read as follows:
232-6. Applicability.
A. This Article shall not apply to the distribution of printed publications
if devoted primarily and essentially to the dissemination of news of local and
general public interest or religious material or other information of real and
general public import and interest or a newspaper or periodical with a bona
fide paid circulation published at regular intervals and sold to the public;
nor shall this Article apply to a publisher distributing his own printed
material and not engaged in the business for hire or gain of distributing
commercial advertising printed material published by others, subject to the
conditions of Article III of this chapter relating to the littering of public
streets and places, the purpose and intent of this Article being to license and
regulate persons engaged in the business of distributing commercial advertising
material not requested by the recipient and to protect such recipient and the
general public from annoyance and to control the littering of private and
public premises.
B. (l) Notwithstanding the foregoing provisions of subsection A, this
Article shall apply to the distribution and posting of printed publications on,
upon or within school property or other property of the City of Buffalo used
for education purposes or activities, between the hours of 7:30 am. and 4:00
PM. daily, which printed publications are not included in the approved
curriculum of the Buffalo city school system then in effect. Such printed
publications shall include, but not be limited to, any printed, typewritten or
handwritten handbill, dodger, circular, booklet, pamphlet, leaflet, card,
paper, sticker, periodical, flier, or any other form of literature.
(2) All applications for licenses for posting or distributing printed
materials described in subsection B.(l) and any renewals thereof shall be
referred to the Director of Licenses. Before any licenses are issued, the
Director of Licenses shall refer same to the Superintendent of Schools and to
the Board of Education who shall promptly cause an inspection of such printed
materials and shall promptly report to the Director of Licenses whether
approval and issuance of the licenses are recommended.
Section 2. This amendment shall take effect immediately.
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, THE BOARD OF EDUCATION AND THE
CORPORATION COUNSEL.
AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 7
NOES- AMOS, ARTHUR, BELL, COLLINS, PITTS, RUTECKI- 6.
No. 234
BY:MRS. LOTEMPIO
COUNCIL REVIEW OF BINGO OPERATOR LICENSE
WHEREAS: As currently constituted, the process to enable an organization
to operate a Bingo game in the City of Buffalo is governed by the New York
State Racing and Wagering Board, with local oversight handled by the office of
the Director of Licenses; and
WHEREAS: The role of the Common Council in the process is limited to the
ministerial act of receiving notification from the Director of Licenses that a
license has been issued; and
WHEREAS: Other licenses issued, such as authorization for a
Restaurant/Dancing operation, come before the Council for review and scrutiny;
and
WHEREAS: Review of bingo operations would be in the best interests of the
City of Buffalo;
NOW, THEREFORE BE IT RESOLVED:
That this Honorable Body requests that the Corporation Counsel prepare an
ordinance amendment enabling the Common Council to have authority and
jurisdiction to review local bingo license applications.
ADOPTED
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10
NOES- ARTHUR, BELL, PITTS- 3.
No. 235
BY:MR. PERLA
RECONSIDER THE CUTBACK OF CITY LIBRARIES
WHEREAS: The Library Board of Trustees made a decision to cut back
the hours of operation of Buffalo libraries; and
WHEREAS: Their decision to close four Buffalo libraries two days a week was
based on low circulation, and the need to cover costs and provide vacation time
for employees at these facilities; and
WHEREAS: The factors that led to this decision are spurious and suspect at
best and will discourage the citizens of Buffalo from using these libraries;
and
WHEREAS: With fewer books and fewer open libraries, fewer dollars are
allocated due to the lower circulation rate; and
WHEREAS: This formula is counterproductive and unfair to the citizens of
Buffalo.
NOW, THEREFORE, BE IT RESOLVED:
That the Library Board of Trustees reevaluate the library system based not
totally on circulation, but on the needs of the community; and
BE IT FURTHER RESOLVED:
That the Library Board report back to this Council with a new formula for
operation of libraries in Buffalo and that this report be filed with the Common
Council by 2:00 PM Thursday, August 29, 1991.
ADOPTED
No. 236
BY:MR. PERLA
REQUESTS CORPORATION COUNSEL TO DRAFT ORDINANCE AMENDMENT RESTRICTING
TATTOO SHOPS IN BUFFALO
WHEREAS: The Erie County Health Department has documented three
cases of Hepatitis B caused by tattoo shops that administer tattoos in 811
unsanitary manner and
WHEREAS: The City of Buffalo at this time has no restrictions on 'tattoo
parlors; and
WHEREAS: it would be in the best interest to the health, safety and welfare
of the citizens of Buffalo if there was an ordinance on the books that would
regulate the operation of tattoo parlors; and
NOW, THEREFORE BE IT RESOLVED THAT;
This Council requests that the Corporation Counsel drafts an ordinance that
would restrict the operations of tattoo parlors in the City of Buffalo.
ADOPTED
No. 237
BY:MR. PERLA
REQUEST CROSSWALKS AND BETTER TRAFFIC SIGNS AT ELMWOOD AVENUE
- BELLS PLAZA
WHEREAS: The Bells Plaza on Elmwood Avenue between Summer and North
Streets is a heavily visited common; and
WHEREAS: It is situated directly across from the Stuyvesant Senior Citizens
Center; and
WHEREAS: The lack of crosswalks from the plaza to the Stuyvesant Building is
a hazard to the senior citizens that frequent the Bells Plaza; and
WHEREAS: Along with the lack of crosswalks, there seems to be an unsafe
situation in the traffic flow in and around the Bells Plaza particularly in
regards to the exit to North Street; and
NOW, THEREFORE BE IT RESOLVED THAT:
The Department of Public Works, in conjunction with Bells Market, investigate
the possibility of placing new crosswalks from the Bells Plaza to the
Stuyvesant Senior Citizens Center; and
BE IT FURTHER RESOLVED THAT:
Bells Markets look at the possibility of adding new traffic signage to its
parking lot to enhance the safety of its customers and citizens that frequent
the area surrounding the Elmwood Avenue Bells Plaza.
ADOPTED
No. 238
BY:MR.PERLA AND MRS.LOTEMPIO
CLOSING NATIONAL FUEL GAS SERVICENTER
IN THE CITY OF BUFFALO
WHEREAS: National Fuel Gas plans to close its only servicenter
in the City of Buffalo located at 25 Fourth St. on October 1, 1991;and
WHEREAS: The closing would leave City of Buffalo customers dependent on
service crews from: Tonawanda and W. Seneca in emergency and non - emergency
situations; and
WHEREAS: An emergency situation such as a serious gas leak could pose a
danger as a result of prolonged response time from crews in distant areas; and
WHEREAS: The servicenter building owned by National Fuel Gas has fallen into
despair. National Fuel Gas has opted to move service operations out of the
city rather then renovate this location or build at other company owned
property in the city due to an anticipated cost of three million dollars
($3,000,000) for construction ; and
WHEREAS: Results of National Fuel Gas vacating this property would include
loss of tax revenue to the city; inadequate service to the Buffalo customers;
potential disaster in emergency situations because of much longer crew response
times, and a vacant decaying building that has become an eyesore to
downtown; and
WHEREAS: National Fuel Gas, while compromising service to City of Buffalo
customers, does not intend to lower rates to compensate ; and
WHEREAS: The closing of the servicenter will displace one-hundred-two (102)
workers out of the city. Along with their departure the city stands to lose the
economic advantages of having these workers employed in the city, and the hands
on service they provided to eighty-four-thousand-five-hundred-fifty (84,550)
city customers; and
NOW THEREFORE, BE IT RESOLVED:
That this Common Council requests that National Fuel Gas file their rationale
for the intended closing of the Buffalo servicenter; and
BE IT FURTHER RESOLVED:
That National Fuel Gas specifically indicate in its report to the Council its
views on health, safety and public welfare issues affected by the intended
closing of the Buffalo servicenter.
BE IT FINALLY RESOLVED:
That National Fuel Gas file a response with the City Clerk's Office by 2 P.M.
Thursday August 29, 1991.
ADOPTED.
No. 239
BY:MESSRS. PERLA AND COPPOLA
REQUEST DEC TO ALLOW HOSPITALS MORE TIME TO
PROPERLY CONSIDER DISPOSAL OPTIONS
WHEREAS: The New York State Department of Environmental Conservation
has set a January l, 1992 deadline for hospitals to come into compliance with
new medical waste incinerator guidelines; and
WHEREAS: Under the pressure of this mandate, most local hospitals are
abandoning the consideration of alternatives such as autoclaving or regional
incineration and are moving rapidly to upgrade or retrofit their incineration
capabilities; and
WHEREAS: This Common Council has been concerned with this trend because it
means a proliferation of incinerators which will be emitting pollutants and
toxic substances into the air of our city; and
WHEREAS: As a result, the Council has set up a Medical Waste Disposal
Options Task Force whose goal is to publicly explore alternatives and to foster
communication between the hospitals, environmentalists, and the community; and
WHEREAS: In order for the Task Force to effectively do its work, it would be
helpful if the DEC could delay by three months the imposition of penalties for
not meeting the January l, 1992 deadline;
WHEREAS: In addition, the DEC has drafted new regulations for large scale
autoclaving facilities and these regulations are not expected to reach final
form until late in 1991, adding uncertainty to the consideration of disposal
options by hospitals and reinforcing the argument that more time is needed;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Commissioner of the New York State
Department of Environmental Conservation to delay by three months the
imposition of penalties for failure to meet the January l, 1992 deadline in
order to allow productive consideration of alternative means of meeting the
DEC's goals for effective medical waste disposal; and
BE IT FURTHER RESOLVED THAT;
The City Clerk is hereby directed to send a certified copy of this resolution
to Thomas Jorling, Commissioner, New York State Department of Environmental
Conservation.
ADOPTED
No. 240
BY:MR. PITTS
ACCEPT FUNDING - WATERFRONT SCHOOL
COMMUNITY RENTAL PROGRAM
WHEREAS: The Common. Council first approved operation of the Waterfront
Community Rental Program at its meeting of December 27, 1983, C.C.P., Item No.
69; and
WHEREAS: This program continues to be operated through the Department of
Human Resources, Division for Youth, with responsibility for administration of
rentals handles by the Coordinator of Lighted Schoolhouse Program; and
WHEREAS: The Buffalo Urban Renewal Agency, at its meeting June 27,1991, Item
No. 3F approved funding in the amount of $36,000 for the Waterfront School
Community Rental Program for the period of July l, 1991 to July 30, 1992
NOW, THEREFORE BE IT RESOLVED:
That the City of Buffalo accepts $36,000 from the Buffalo Urban Renewal
Agency for the continued operation and administration of the Waterfront School
Community Rental Program and authorizes the Comptroller to expend this funding
for that purpose.
PASSED
AYES- 13 NOES- 0.
No. 241
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
98-0 DIVISION OF WATER
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 98-0 Division of Water under the subheading "014 Intake
Pier Tower & Tanks" which reads:
9 Maintenance Assistant (Water) $18,897 - 21,910
is hereby amended to read:
10 Maintenance Assistant (Water) $18,897 - 21,910
and further
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 98-0 Division of Water under the subheading "015
Distribution Systems" which reads:
27 Caulker $18,606- 21,767
13 Water Service Worker 19,100- 21,081
is hereby amended to read:
30 Caulker $18,606- 21,767
14 Water Service Worker 19,100- 21,081
and further
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 98-0 Division of Water under the subheading "021 -
Administrative Services" which reads
8 Account Clerk Typist $18,425 - 20,572
is hereby amended to read:
9 Account Clerk Typist $18,425 - 20,572
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the creation of one (1)
Maintenance Assistant (Water), three (3) Caulker, one (l) Water Service Worker
and one (1) Account Clerk Typist I position in the Division of Water,
Department of Public Works is necessary for the proper conduct, administration
and performance of essential services of that department. We recommend that
the compensation for said positions be fixed at the respective amount set forth
in the foregoing ordinance.
That the personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties of said
positions, have 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 positions.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
PASSED
AYES- 13 NOES- 0.
No. 242
BY: MR. RUTECKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Colon Council:
Felicitation for The McClellan Family
By Councilmember Arthur
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 243
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:
Karen E. Mahony
TOTAL: l
ADOPTED
No. 244
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:
Joan Gruszecki
Dennis J. McCarthy
Beverly Ann Muma
Andrew G O'Brien
TOTAL: 4
ADOPTED.
UNFINISHED BUSINESS
No. 245
0RD. AMEND. - CH. 343 - PUBLIC PLACES
(Corn. 170, C.C.P., Apr. 30, 1991)
Mr. Fahey moved that Item No. 170, C.C.P., Apr. 30, 1991, be taken
from the table. Seconded by Mr. Amos
CARRIED.
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8
NOES- ARTHUR, BELL, COLLINS, COPPOLA, PITTS- 5.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Amos.
LOST.
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, LOTEMPIO
PERLA, -6
NOES- ARTHUR, BELL, COLLINS, COPPOLA, HIGGINS, PITTS, RUTECKI- 7.
No. 246
LDA - BUFFALO INDEPENDENT LIVING HOUSING
(Com. 133, C.C.P., July 9, 1991)
Mr. Fahey moved that Item No. 133, C.C.P., July 9, 1991, be taken
from the table. Seconded by Mr.Collins.
CARRIED.
Mr. Fahey now moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated BIL Housing Development Fund Company, Inc. and/or
other legal entity to be formed as qualified and eligible Redeveloper in
accordance with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That BIL Housing Development Fund Company, 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 Buffalo Independent Living New Housing Project in the Community Wide Urban
Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES- 13 NOES- 0.
No 247
BOND RES. $250,000 - DOG POUND
(Com. 144, C.C.P., JULY 9, 1991)
Mr. Fahey moved that Item No. 144, C.C.P., JULY 9, 1991, be taken
from the table. Seconded by Mr.Pitts
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED
AYES- 13 NOES- 0.
No. 248
BOND RES. $250,000 - PED. HALL FOUNTAIN PLAZA
(Com. 145, C.C.P., JULY 9, 1991)
Mr. Fahey moved that Item No. 145, C.C.P., JULY 9, 1991, be taken
from the table. Seconded by Mr. Pitts
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED
AYES- 13 NOES- 0.
No. 249
BOND RES. $300,000 - ARLINGT0N/BRODERICK PARKS
(Com. 146, C.C.P., JULY 9, 1991)
Mr. Fahey moved that Item No. 146, C.C.P., JULY 9, 1991, be taken
from the table. Seconded by Mr.Pitts
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED
AYES- 13 NOES- 0.
No. 250
BOND RES. $950,000 - GENESEE COMMUNITY CENTER
(Com. 147, C.C.P., JULY 9, 1991)
Mr. Fahey moved that Item No. 147, C.C.P., JULY 9, 1991, be taken
from the table. Seconded by Mr. Pitts
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED
AYES- 13 NOES- 0.
No. 251
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Perla the Council adjourned
at 5:15 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee
Reporter/Smartwriter Stenograph (CAT).