HomeMy WebLinkAbout91-0903
1No. 16
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, September 3, 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, September 3, 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 on July 23, 1991, were approved
FROM THE MAYOR
No. 1
"Veto message for Local Law Introductory #18
Early Retirement Incentive"
The above referenced legislation would enact a retirement incentive
program for City of Buffalo employees.
The Budget Division calculates that the City's cost of providing the retirement
incentive for an average employee is $20,308 more than the savings that would
be realized by hiring a new employee to replace the retiree. Multiplying this
cost times the approximately 400 City employees eligible for the plan produces
a total cost to the City exceeding $8 million if the plan were offered to all
eligible City employees. Clearly, the City cannot afford to offer the
retirement incentive plan to all eligible City employees.
It may be possible to realize some savings if the program were offered on a
targeted basis with the understanding that a person retiring from a targeted
position would not be replaced. However, such savings would be minimal at
best. City department heads were asked to identify those positions of eligible
employees that could be eliminated. Only eleven such positions were identified.
This is not surprising in light of the fact that the City workforce today has
20% fewer employees than in 1978 when I became Mayor.
The City routinely realizes savings from retirements that occur without an
incentive Program. These savings are a major factor that allows the City to
meet its budgeted attrition requirement. To pay the cost of an incentive
program for employees who are going to retire regardless of the availability of
an incentive program results in an additional expense that negates the savings
that are already built into the budget.
An important factor weighing against the implementation of a targeted program
is the inherent unfairness of such a program. A few City employees would
receive the benefits of the program while the vast majority would not.
I note that Governor Cuomo has vetoed legislation that would provide a similar
retirement incentive program for Its employees. The Governor said in his veto
message that "implementation of the retirement incentive established by the
bill would result in excessive costs to the State.
I am vetoing the above referenced legislation that would provide a retirement
incentive program for City of Buffalo employees. The City cannot afford to
provide the incentive program for all employees and it would be unfair and
counterproductive to offer it to a few.
Mr. Fahey moved to override, the Mayor's Veto of Item No. 151, C.C.P., 71
9/91,- Local Law Intro 118- Early Retirement Incentive.
Seconded by Mr. Coppola.
REPASSED
AYES- 13 NOES- 0.
No. 2
Veto Message - Bakery Salvage
vs. City of Buffalo
Item No. 59, C.C.P., 7/23/91
The Corporation Counsel has advised me that the City has already
paid $25,472.75 for this work and expects to be billed at least another
$10,000, perhaps considerably more. This means a cost of over $52,000 for an
appeal to the Appellate Division and some related proceedings. The bill
includes the fees of two other lawyers hired to write substantial parts of the
brief and to make the oral argument at the Appellate Division, as well as the
cost of a third lawyer's opinion on the wisdom of appealing the unanimous
decision of the Appellate Division. Compared to the fees for similar services
for appeals and the like from lawyers of well established skill, these charges
are at least twice as much as would be expected.
Incidentally, as you are aware, the Law Department from the very
beginning has advised the Common Council that successful pursuit of this matter
would be extremely doubtful.
Under all the circumstances, the legal services rendered here seem
duplicated, in a large portion unwarranted, and at an unjustified cost.
Therefore, I hereby veto the item.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 3
Veto Message - Kleinhans Music Hall
Item No. 122, C.C.P., 7/23/91
I vetoed a similar payment last year and I am compelled to do
so again this year for the same reasons. The Corporation Counsel has advised
me that this payment is not properly a claim payable from the claims account
but rather a fund transfer. By treating it as a claim the procedures and
safeguards for fund transfers are impermissibly circumvented.
The contract in question provides that payment is subject to the
availability of funds. No funds were appropriated for this payment in the
current year budget. To now authorize this as a claim transparently evades the
mandate of the charter.
Additionally, this payment is in fact a grant-in-aid which should be
subject to the percentage limitation on such grants as provided in the charter.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 122, C.C.P.,
7/23/91,-Claim- Kleinhans Music Hall.
Seconded by Mr. Amos.
REPASSED
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- BAKOS- 1.
No. 4
Veto Message - Appointment
Resource Development Technician
Item No. 125, C.C.P., 7/23/91
Mr. Zuchlewski is being appointed to a position in the Comptroller's
office which is identical to the position he held in the Department of Human
Resources. Mr. Zuchlewski was required to vacate that position when he
announced his candidacy for public office because the position was in
substantial part funded with federal funds. The Common Council then, in
effect, transferred the position to the Comptroller's office. By this transfer
the Council has unilaterally diminished the power and prerogatives of the
executive branch of City government. The Council may not diminish the powers
of the executive branch without a referendum.
I therefore return the above item without my approval.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 125, C.C.P.,
7/23/91,-Appt. Resource Development Technician.
Seconded by Mrs. LoTempio.
REPASSED.
AYES- 13 NOES- 0.
No. 5
Veto Message - Acquire 28 Hertel for $530,000
Item No. 147, C.C.P., 7/23/91
The Commissioner of Community Development and the Corporation Counsel
advise me that the City's appraiser has appraised the 28 Hertel property for
$438,000. They also advise me that there are no additional compensable costs
to justify an increase of the purchase price to $530,000. For these reasons,
and because there would be no funds to develop the property if it were
acquired, I hereby veto the referenced item.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 6
Veto Message - Ordinance Amendment Chapter 216
Biweekly trash pickups
Item No. 177, C.C.P., 7/23/91
A biweekly trash pick-up is a service that the City simply cannot
afford, and even if it could there is serious doubt whether it would be
practically feasible during winter months. Various Departments of City
government have pitched in to solve the recent trash problem, and they will be
ready to do so again if the need arises.
Beside being too expensive, the proposed plan is an impermissible and
unwarranted intrusion into prerogatives and powers of the executive branch of
government. For this and the fiscal reasons explained here, I must veto the
item.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 177, C.C.P.,
7/23/91,-Ord. Amend. Ch. 216- Biweekly trash pick up.
Seconded by Mr. Rutecki.
REPASSED.
AYES- AMOS, ARTHUR, COLLINS, COPPOLA, FAHEY, FRANCZYK, PERLA, PITTS, RUTECKI-
9.
NOES- BAKOS, BELL, HIGGINS, LOTEMPIO- 4.
No. 7
$5 STATE SURGE ON PARKING TICKETS
This communication is to formally notify Your Honorable Body and
the residents of this area that the City of Buffalo has been required to start
charging a $5 State imposed surcharge on parking tickets and that the proceeds
of the surcharge for the first two fiscal years will go entirely to the State's
treasury.
Effective June 12, 1991, Chapter 166 of the New York State Laws of 1991
established a $5 State surcharge on parking tickets in cities with a population
of 100,000 or more. This includes New York City, Yonkers, Albany, Syracuse,
Rochester and Buffalo.
The cities are required to collect an extra $5 on each paid parking
ticket and send the money collected to the State by the 10th day of each
following month.
In Buffalo there are approximately 250,000 summonses issued a year with
approximately a 70% collection rate, meaning this will provide the State with
about $875,000 a year. The City has to bear the cost and workload of
administering
collecting and reporting on this new fee. The State anticipates receiving $35-$40 million a year from
this surcharge from all six cities.
The surcharge is scheduled to be in effect for at least three years. The
legislation allows for the cities to retain 1/2 of the revenues realized
starting in the 3rd year which begins April 1, 1993.
The surcharge is being added to parking summonses issued on or after
August 11, 1991. This was the earliest date the Parking Violations Bureau was
able to revise its parking summonses to reflect this additional fee. The Law
department has prepared the attached ordinance amendment for Your Honorable
Body to notate that there is a State imposed $5 surcharge in addition to the
locally imposed fines and penalties.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 8
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Enterprise Fund - Parking
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $500 be transferred and reappropriated from various accounts in
Appropriation Allotments - Department of Parking, 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, August 13, 1991
RECEIVED AND FILED
No. 9
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Capital Projects Fund
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 $1,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Capital Projects Fund - Division of Budget &
Management, 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, August l4, 1991
RECEIVED AND FILED.
No. 10
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Capital Projects Fund
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 $45,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Capital Projects Fund - Division of Budget &
Management, 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, August 26, 1991
RECEIVED AND FILED.
No. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF ENGINEERING
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $35,285 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, AUGUST 28, 1991
RECEIVED AND FILED.
No. 12
Balance Sheets and Supporting Schedules for the 8 month Period Ending February
28, 1991
I transmit herewith various balance sheets and statements'- for
January and February, 1991, showing the condition of all funds and accounts for
the eight months ending February 28, 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Permission to Negotiate
50 Ada, W 114' S Lyth Vacant Lot:
20.5 x 60 w/a/p W 5' x 13' NW Corner
Assessed Valuation: $200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Fred Hale of 79 Oberlin Street, Buffalo, New York, to
purchase the above captioned property.
Mr. Hale would like to purchase this property, which is located between
two properties that he owns at 48 and 52 Ada Place, so that he may fence this
property in and use it for a picnic and garden area for his tenants.
The Departments of Inspections & Community Revitalization and Community
Development have both been contacted and they have no objections to this sale.
The Tax and Demolition Lien Offices have been contacted 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 negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated August 28, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Fred Hale residing at 79 Oberlin Street, Buffalo, New York, for the private
sale of 50 Ada Place and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 14
Permission to Negotiate
174 Carl Street W 126. 35' N Northland
Vacant Lot:30' x 140'
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Lucy and Sophia Goforth of 172 Carl Street, Buffalo, New York to
purchase the above captioned property.
Lucy and Sophia Goforth would like to purchase this property, which is
adjacent to their residence, in order to beautify by planting flowers and
shrubbery and use for recreational purposes.
The Departments of Inspections & Community Revitalization and Community
Development have both been contacted and they have no objections to this sale.
The Tax and Demolition Lien Offices have been contacted 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 negotiations.
MR, FAHEY moved:
That the communication from the Comptroller dated August 28, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Lucy and Sophia Goforth residing at 172 Carl Street, for the private sale of
174 Carl Street, Buffalo, New York, and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 15
Permission to Negotiate 125 Edna Place $ 290' W Masten
Vacant Lot: 28.86' x 134
Assessed Valuation: $1,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Rinzer Pointer of 127 Edna Place, Buffalo, New York 14209 to
purchase the above captioned property.
Mr. Pointer has indicated that he would like to purchase this property,
which is adjacent to his residence, in order to beautify by planting flowers
and grass.
The Departments of Inspections & Community Revitalization and Community
Development have both been contacted and they have no objections to this sale.
The Tax and Demolition Lien Offices have been contacted 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 negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated August 28, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Kinzer Pointer residing at 127 Edna Place for the private sale of 125 Edna
Place, Buffalo, New York, and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 16
Permission to Negotiate
158 Gorton Street
W 175' N Austin
Vacant Lot: 30' x 102'
Assessed Valuation: $1,800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Michael J. Flaherty of Flaherty & Shea, Attorneys at Law,
329 Elmwood Avenue, Buffalo, New York 14222, on behalf of Ms. Josette Lombardo
of 160 Gorton Street Buffalo, New York, to purchase the above captioned
property.
Ms. Lombardo would like to purchase this property, which is adjacent to
their residence, in order to construct a garage on the property. Her father,
David Lombardo, has kept the grass cut, pulled tree stumps and cleaned garbage
and debris from the land and has generally been keeping the lot in respectable
condition for some time.
The Departments of Inspections & Community Revitalization and Community
Development have both been contacted and they have no objections to this sale.
The Tax and Demolition Lien Offices have been contacted 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 negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated August 28, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Josette Lombardo residing at 160 Gorton Street, Buffalo, New York, for the
private sale of 158
Street, Buffalo, New York, and report to this Honorable Body the results
of such negotiations.
ADOPTED
No. 17
Permission to Negotiate
126 Nevada, W 486.10 S Ferry
Lot Size:30' x 105'
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. & Mrs. Douglas Sanders of 124 Nevada, Buffalo, New York to
purchase the above referenced property.
Mr. & Mrs. Sanders would like to purchase this property for off- street
parking purposes.
The Department of Inspections and Community Revitalization and the
Department of Community Development have both been contacted and they have no
objection to the sale of this property.
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 August 13, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. & Mrs. Douglas Sanders residing at 124 Nevada Street, Buffalo, New York,
for the private sale of 126 Nevada Street, Buffalo, New York, and report to
this Honorable Body the results of such negotiations.
ADOPTED
No. 18
Permission to Negotiate
323 Peckham, S 53' W Detroit
Lot Size: 25.50' x 90'
Assessed Valuation: $700
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Heather Siebert of 45 1/2 Essex Street, Buffalo, New York
14213 to purchase the above referenced property.
Ms. Siebert owns 315 Peckham, which is adjacent to the subject property.
She would like to purchase this property for extra yard space.
The Department of Inspections and Community Revitalization and the
Department of Community Development have both been contacted and they have no
objection to the sale of this property.
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 August 13, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Heather Siebert residing at 45 1/2 Essex Street, Buffalo, New York, 14213,
for the private sale of 323 Peckham Street, Buffalo, New York, and report to
this Honorable Body the results of such negotiations.
ADOPTED.
No. 19
Permission to Negotiate
41 Urban, S 377.88 E Fillmore
Lot Size: 30' x 174'
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Thomas Graham of 44 Fougeron Street, Buffalo, New York to
purchase the above referenced property.
Mr. Graham would like to purchase this property, which adjoins the back
of his property, for gardening purposes.
The Department of Inspections and Community Revitalization and the
Department of Community Development have both been contacted and they have no
objection to the sale of this property.
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 August 13, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Thomas Graham residing at 44 Fougeron Street, Buffalo, New York, for the
private sale of 41 Urban Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 20
Permission to Negotiate
92 Welker Street
W S Corner of Woodlawn
Vacant Lot: 37.75' x 71'
Assessed Valuation: $1,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Anthony Gadley of 44 Midway, Buffalo, New York, to purchase
the above captioned property.
Mr. Gadley would like to purchase this property, which is located between
two properties that he owns at 90 Welker and 255 Woodlawn, so that he may fence
this property in and use it for a recreational area for his tenants.
The Departments of Inspections & Community Revitalization has been
contacted and they have no objections to this sale.
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 negotiations.
MR. FAHEY moved:
That the communication from the Comptroller dated August 29, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Anthony Gadley residing at 44 Midway, Buffalo, New York, for the private
sale of 92 Welker Street, Buffalo, New York, and report to this Honorable Body
the results of such negotiations.
ADOPTED.
No. 21
Results of Negotiations
73-77 Fulton, S 50' E Marvin
Vacant Lot: 50' x 57'
Assessed Valuation: $2,800
Item #137', C.C.P. 4/16/91
In the above referenced Item Your Honorable Body authorized the
Comptroller to negotiate a private sale with Mr. John Loughran, 69-71 Fulton
Street, Buffalo, New York 14204. Mr. Loughran intends to improve this vacant
lot for use as a parking for his business customers.
An independent appraisal of the property was conducted by Brian A.
Sullivan of Sullivan Evaluation and Research of 591 Delaware Avenue, Buffalo,
New York 14202. He has estimated the fair market value of the property to be
Seventeen Hundred Dollars ($1,700). The Division of Real Estate has reviewed
the appraisal and concurs with the Appraiser's estimate of value.
The results of our negotiations are that Mr. Loughran has offered
Thirteen Hundred and Fifty Dollars ($1,350) for the subject property. He also
agreed to pay for the cost of the appraisal, transfer tax and cost of legal
description.
Although the offer is somewhat less than the appraised value, it should
be noted that the property contains a depth of only 57'. This minimum depth
diminishes the property utility and therefore its' marketability. The sale of
the vacant property to Mr. Loughran and the improvements to be made by him,
will return the property to the tax rolls and improve the appearance of the
neighborhood.
Therefore, I am recommending that Your Honorable Body approve the sale of
73-77 Fulton Street, Buffalo, New York 14203 to Mr. John Loughran in the amount
of Thirteen Hundred and Fifty Dollars ($1,350).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of John Loughran residing at 69-71 Fulton Street, Buffalo,
New York, 14204, in the sum of $1,350.00 to purchase 73-77 Fulton Street,
Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 22
Results of Negotiations 763 Humboldt Parkway
Improved Property 106.26' S of Ferry
Lot Size: 58' x 140'
Assessed Valuation:
Land:$ 8,100
Total:$23,700
The Office of the Comptroller, Division of Real Estate, has negotiated
a private sale for the above captioned property with Jeffery and Anita Moore,
118 Humber Avenue, Buffalo, New York 14215.
The subject property consists of a 2 1/2 story frame dwelling that was
acquired by the City through In-Rem in 1986. After several attempts to sell
and auction the property, without success, the property was scheduled for
demolition last year. Earlier this year Mr. & Mrs. Moore submitted a plan to
the Division of Real Estate to rehabilitate and renovate the property for use
as their private residence and insurance business.
An independent appraisal of the property was conducted by Michael W.
Heigel, CRA of Pirritano Appraisals, Inc., 745 Center Road, West Seneca, New
York 14224. He has estimated that the fair market value of the subject
property to be Forty-Five Hundred Dollars ($4,500). It should be noted that
the assessed valuation of Twenty-Three Thousand Seven Hundred Dollars ($23,700)
appears to be unrealistic. The appraiser has estimated a value of Thirty-Five
Hundred Dollars ($3,500) for land and a minimum of One Thousand Dollars
($1,000) to the improvements due to the present physical conditions that exist.
The Division of Real Estate concurs with the Appraiser's estimate of value.
The results of our negotiations are that Mr. & Mrs. Moore have agreed and
are prepared to pay Forty-Five Hundred Dollars ($4,500) to purchase the 2 1/2
story structure. They have also agreed to renovate and bring the property into
code compliance and have provided this office with proof of their financial
ability to complete the necessary repairs. They will also pay for the cost of
the appraisal, transfer tax and cost of legal description.
The rehabilitation and renovation contemplated by the Moore's will
restore this property to the tax rolls and save the City the expensive cost of
demolition. Therefore, I am recommending that Your Honorable Body approve the
sale of 763 Humboldt Parkway to Jeffery and Anita Moore in the amount of
Forty-Five Hundred Dollars ($4,500).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Jeffery and Anita Moore residing at 118 Humber Avenue,
Buffalo, New York 14215, in the sum of $4,500.00 to purchase 763 Humboldt
Parkway, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 23
Results of Negotiations
32 Lyth, N 315.20 E Purdy
Vacant Lot: 24.4' x 120
Assessed Valuation: $1,000
Item #16, C.C.P. 4/16/91
In the above referenced Item Your Honorable Body authorized the
Comptroller to enter into a private sale with Ms. Ellen E. Jacobs of 34 Lyth,
Buffalo, New York for the above captioned property. Ms. Jacobs intends to
purchase this property in order to expand her yard area for her children.
An independent appraisal of the property was conducted by Jerome E.
Goldstein, 1060 Ellicott Square Building, Buffalo, New York 14203. He has
estimated that the fair market value of the subject property to be One Thousand
Dollars ($1,000). This represents about Forty-Two Dollars a front foot. The
Division of Real Estate concurs with the Appraiser's estimate of value.
The results of our negotiations are that Ms. Ellen E. Jacobs has agreed
and is prepared to pay One Thousand Dollars ($1,000) for the subject property.
She has also agreed pay for the cost of the appraisal, transfer tax and cost of
legal description.
Therefore, I am recommending the sale of the vacant lot at 32 Lyth
Street, Buffalo, New York to Ms. Ellen E. Jacobs in the amount of One Thousand
Dollars ($1,000).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Ms. Ellen E. Jacobs residing at 34 Lyth, Buffalo, New
York, in the sum of $1000.00 to purchase 32 Lyth Street, Buffalo, New York, be
and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 24
Results of Negotiations
63-65 Purdy, E 100 S Glenwood
Item #21, C.C.P. 6/11/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Reverend Robert E. Baines, Zion Missionary Baptist Church, 179 East Ferry
Street, Buffalo, New York. The Church intends to renovate the two-story
warehouse to house their church vehicles and to do repair work.
The subject property consists of a 11,600 square foot, two-story brick
warehouse and garage. The property was obtained by the City of Buffalo through
In-Rem in 1990. The property is in poor condition and was scheduled for
demolition prior to the Church's interest. The Zion Missionary Baptist Church
provided a plan, detailed estimate of costs and proof of financial capability
to carry out the renovations.
An independent appraisal of the property was conducted by Michael W.
Heigel, CRA, Pirritano Appraisals, 745 Center Road, West Seneca, New York
14224. He has estimated the fair market value of the property to be
Thirty-Five Hundred Dollars ($3,500). The Division of Real Estate has reviewed
the appraiser's estimate of value and concurs with the same. The building has
deteriorated since the 1986 assessed valuation of $17,600.
The results of our negotiations are that Reverend Robert Baines, on
behalf of Zion Missionary Baptist Church, has agreed and is prepared to pay
Thirty-Five Hundred Dollars ($3,500) for the subject property. He will also
pay for the cost of the appraisal, transfer tax and cost of the legal
description.
This sale will save the City Tax Payers the expensive cost of the
demolition. Therefore, I am recommending that Your Honorable Body authorize
the sale of 63-65 Purdy Avenue, Buffalo, New York to Reverend Robert Baines, on
behalf of Zion Missionary Baptist Church, 179 E. Ferry Street, Buffalo, New
York 14208 in the amount of Thirty-Five Hundred Dollars ($3,500).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Reverend Robert E. Baines, Zion Missionary Baptist
Church, residing at 179 East Ferry Street, Buffalo, New York, in the sum of
$3,500.00 to purchase 63-65 Purdy Street, Buffalo, New York, be and hereby is
accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES- 13 NOES- 0.
No. 25
Results of Negotiations
328 Winslow, N 374' W Fillmore
Vacant Lot: 30' x 103'
Assessed Valuation: $800
Item #23, C.C.P. 6/11/91 -
Permission to Negotiate
In the above Item Your Honorable Body authorized the Comptroller,
Division of Real Estate, to negotiate a private sale with Mr. Tavil Land, Sr.
and his wife Annette C. of 330 Winslow for the purchase of the above captioned
property. They intend to purchase the property, fence it in and use for
recreational purposes.
An independent appraisal of the property was conducted by Dennis Walker,
Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has
estimated that the fair market value of the subject property to be One Thousand
One Hundred and Fifty Dollars ($1,150.00). This amounts to approximately
Thirty-Eight Cents (.38) a square foot. The Division of Real Estate concurs
with the appraiser's estimate of value.
The results of our negotiations are that Mr. & Mrs. Land have agreed and
are prepared to pay One Thousand One Hundred and Fifty Dollars ($1,150) for the
subject property. They have also agreed to pay for the cost of the appraisal,
transfer tax and cost of the legal description.
Therefore, I am recommending that Your Honorable Body authorize the sale
of 328 Winslow Avenue, Buffalo, New York 14211 to Mr. Tavil M. and Annette C.
Land, 330 Winslow in the amount of One Thousand One Hundred and Fifty Dollars
($1,150).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Tavil Land, Sr. and Annette G. Land, Sr., residing at
330 Winslow Avenue, Buffalo, New York, in the sum of $1,150.00 to purchase 328
Winslow Avenue, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED
AYES- 13 NOES- 0.
No. 26
1001 Exchange Street -
Transfer of Title
Item #18, C.C.P. 10/29/85
In the above referenced Item, Your Honorable Body authorized the
Comptroller to acquire a portion of 1001 Exchange Street from Judith
Kwietniewski of 1001 Exchange Street. The purpose of this acquisition was to
accommodate the viaduct reconstruction project and the demolition of the front
building located at 1001 Exchange Street. A condition of the contract of sale
required ''that upon completion of the demolition of the front building, title
to the entire parcel will be returned to the seller at the purchase price of
One Dollar ($1.00).
The property to be reconveyed by the City is described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situated in the City of County of Erie and
State of New York, being part of Lot No. 87, Township 10, Range 8 of the
Buffalo Creek Reservation described as follows:
COMMENCING at a point in the south line of Exchange Street where the east line
of Lot No. 87 intersects with the same; thence southerly along the east line of
Lot No. 87, 145.04 feet; thence westerly at right angles to said line of Lot
No. 87, 28 feet; thence north and parallel with said east line of Lot. No. 87,
134.84 feet to the south line of Exchange Street and thence east along the
south line of Exchange Street, 29.79 feet to the place of beginning.
We have been advised by the Department of Public Works that the project
has been completed. I am, therefore, recommending that Your Honorable Body
transfer the above described property to Judith Kwietniewski, 1001 Exchange
Street for One Dollar ($1.00).
MR. FAHEY moved:
That the communication from the Comptroller, be received and filed; and
That the property commonly known as 1001 Exchange Street be transferred
and that the Mayor be, and he hereby is, authorized to execute a deed
transferring said property to Judith Kwietniewski, 1001 Exchange Street for the
amount of ONE AND NO MORE DOLLARS ($1.00).
PASSED
AYES- 13 NOES- 0.
No. 27
Amend Sale Price 544 Broadway, N W Corner of Jefferson
Lot Size: 90' x 72. 26' EL,
92' WL, Irreg. Rear
Assessed Valuation:
Land:$ 4,800
Total:$11,660
Item #27, C.C.P. 9/6/88
In the above referenced Item Your Honorable Body authorized the
sale of 544 Broadway (a former gas station) in the amount of Ten Thousand
Dollars ($10,000) to Dr. Kenneth Gayles, 840 Humboldt Pkwy., Buffalo, New York
14211.
Subsequent to the above authorization and prior to the closing of 544
Broadway, one of the garage doors has been damaged beyond repair. Dr. Gayles
has submitted an estimate from Adams' Door Company, Inc., 1870 Genesee Street,
Buffalo, New York 14211 in the amount of Nine Hundred and Eighty-Five Dollars
($985.00) to replace the door.
Since the present garage door is beyond repair and Dr. Gayles has
submitted a legitimate estimate, I am recommending that Your Honorable Body
amend the Ten Thousand Dollar ($10,000) sale price to Nine Thousand and Fifteen
Dollars ($9,015.00).
MR. FAHEY moved:
That the communication from the Comptroller dated August 16, 1991 be
received and filed; and
That the Comptroller be and he hereby is authorized to amend the sales
price for 544 Broadway from Ten Thousand Dollars ($10,000.00) to Nine Thousand
and Fifteen Dollars ($9,015.00) to compensate the purchaser, Dr. Kenneth Gales,
for replacement costs of a garage door damaged subsequent to the original
purchase price having been negotiated.
PASSED.
AYES- 13 NOES- 0.
No. 28
R. Redfurn- Req. Obtain
495 Riley/45 Zenner
Item #105, C.C.P. 7/23/91
The above Item was referred to the Office of the Comptroller for
a response.
The above Item is a letter from Ronnie Redfurn, Sr., 149 Butler Avenue,
Buffalo, New York 14208 informing the Common Council that he has been trying to
purchase 495 Riley/45 Zenner Street for the purpose of rehab them. Both
properties are two-family homes. Title was transferred to both properties in
1984 by the previous owners, the Department of Housing and Urban Development to
the City of Buffalo Urban Renewal Homestead Program.
Although title is vested in the City of Buffalo, the jurisdiction of
these properties is under the control of the Department of Community
Development, not the Division of Real Estate.
Mr. Redfurn does not indicate in his communication what the specific
holdup or legal problem is. My staff spoke with Mr. Donald Tolbert in
Community Development and he has advised this office that the property was
scheduled for demolition, however, there are legal problems with respect to the
property title and that the Corporation Council's office will be filing a
response with your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE
No. 29
Use Portion of Albany
Street for Off-Street Parking
Item No. 86, C.C.P. 7/9/91
The above item has been referred to the Comptroller, Commissioner
of Police, Fire and Public Works for a response.
The item is a communication from Niagara View Properties, Inc., 1070
Niagara Street, Buffalo, New York 14213. They are asking the Common Council to
" adopt a resolution giving the right to use the street for access and parking
for our building".
Your Honorable Body may authorize the discontinuance and altering of
streets pursuant to Section 390 of the City Charter. This Section states ',. .
the same shall not be closed without the consent in writing of the owners and
mortgagees of record, if any, of such property, or, in lieu of such consent,
the payment to such owners or mortgagees of just compensation to which they may
be legally entitled after such closing, .
There have been many attempts in the past to purchase this property. The
street right-of-way does not allow any building to be constructed within it, as
there are water and sewer lines located within it. The street provides access
to the rear of 1050-1058 Niagara Street and there is a franchise agreement with
Conrail for the western portion of the street. The area is also in the Niagara
River Costal Review District.
We have also tried to contact, without success, Niagara View Properties,
Inc. and Mr. Dennis Insalaco, author of the communication to the Common
Council.
Based on the above information the Office of the Comptroller cannot
provide a cogent recommendation at this time. However, Item #86, C.C.P. 7/9/91
should be referred to the City Planning Board for their review and
recommendation in accordance with Section 317.1 of the City Charter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Information
on Unauthorized Auto
Purchase
Item 215, C.C.P. 7/23/91
In response to the above referenced communication and Your Honorable
Body's request, the enclosed Street Department expenditure listing is provided
for your review.
Please be advised that said report lists all encumbrances and payments
alphabetically by vendor from Jan. 1, 1990 to June 30, 1991.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 31
Report of Audit
City Clerk
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the City Clerk
Audit Report for the period January 1, 1989 to December 31, 1990.
Our report has revealed that the system of internal control present in
the cash receiving function of the City Clerk's office is satisfactory and we
are confident that proper fees are charged, all monies are deposited intact on
a timely basis and that revenues are recorded in a fair and accurate manner.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 23, 1991, in the Department
of Audit & Control, Division of Accounting, Antionette M. Klimeczko 706 Smith
St. Buffalo, N.Y., 14206, to the position of Principal Accountant, temporary,
at the starting salary of $36,723.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 33
R. Pasquarella
Compr. Prop. Tax
1963 Elmwood
Item No. 88, C.C.P. July 9, 1991
The following is a report filed in response to Your Honorable
Body's request for my comments and recommendations concerning the property
located at 1963 Elmwood Avenue.
The property at 1963 Elmwood Avenue was formerly owned by Atlas Steel
Castings Company. The property had accumulated over a six year period, from
1982 through 1988, approximately $337,223.52 in unpaid City tax, sewer charges
and interest before being foreclosed on June 14, 1989 by the County of Erie for
unpaid County taxes.
Mr. Roger Pasquarella's letter requests that the City abate the taxes for
this property for the fiscal year 1989-90. Mr. Pasquarella purchased the
property for $102,000 at public auction, In Rem Tax Foreclosure Action 145A,
conducted by the County of Erie on June 14, 1989.
Enclosed is a copy of Erie County's "Terms of Sale" for the
aforementioned property which Mr. Pasquarella signed as the successful bidder
on June 14, 1989. Item No. 10 under the "Terms for Sale" clearly states that
"all property is sold subject to the lien of all taxes levied after the date of
this sale." The City of Buffalo's lien date of June 20th, 1989 occurred after
Mr. Pasquarella signed a Memorandum of Sale on June 14, 1989. Therefore, the
City tax of $28,433.60 plus interest to date of $3,980.75 and the sewer bill of
$1,479.24 plus interest to date of $325.43 stand as valid liens against the
property.
Further, an assessment of $926,800 had been in place on this property for
the assessment roll years of 1987-88, 1988-89 and 1989-90 and since no tax
certiorari proceedings were filed for those years, the assessments cannot be
legally changed. However, when Mr. Pasquarella filed a petition to have the
1990-91 assessment reviewed, the assessment was reduced from $926,800 to
$150,000. Mr. Pasquarella filed to have the 1991-92 assessment reviewed and
the assessment was further reduced from $150,000 to its current assessment of
$75,000.
The Real Property Tax Law expressly prohibits the forgiveness,
cancellation and/or abatement of real property taxes under the circumstances
that have occurred in regard to the 1988-89 City taxes and sewer charges for
this property. I have enclosed an opinion of the City 's Law Department which
was delivered to this office on October 15, 1987 which addresses the issue of
"Power to Forgive Taxes." The issues that prompted my request for a legal
opinion concerning the "Power to Forgive Taxes" in 1987 are the same as those
that have arisen in the matter of forgiving taxes at 1963 Elmwood Avenue.
Therefore, based upon the City Law Department's opinion of October 15,
1987, "Re: Powers to Forgive Taxes," the City back taxes and sewer charges for
1988-89 for the property at 1963 Elmwood cannot be legally forgiven.
REFERRED TO THE COMMITTEE ON FINANCE
No. 34
Penn Adv.
Cancel Inter. on Tax
Adv. Units
Item No. 89, C.C.P. 07-09-91
There is presently before Your Honorable Body a request by Penn
Advertising Inc. to forgive two years of interest which amounts to
approximately $2,539.50 that is due on their 1988-89 and 1989-90 City tax bills
and also to forgive two years of interest amounting to approximately $183.79 on
their 1988-89 and 1989-90 Sewer Bill for the property assessed at 356 Niagara
Street.
In their letter to me dated June 27, 1991, Mr. Thomas A. Loper of Penn
Advertising, Inc. indicates that the City and Sewer bills for their property
assessed at 356 Niagara Street were sent to Sweet Advertising for the past
three years. Mr. George Sweet, of Sweet Advertising and the former owner of
the property assessed at 356 Niagara Street, indicated on June 23, 1991 in a
phone conversation with Mr. Koscielniak, an Assessor, that the property
assessed at 356 Niagara was sold to Victor Outdoor of P.O. Box 3247 of
Waterbury, Connecticut on January 30, 1985. Mr. Sweet further stated that
Victor Outdoor sold the property assessed at 356 Niagara Street to Penn
Advertising Inc. on June 8, 1987.
The property assessed at 356 Niagara Street currently owned by Penn
Advertising, Inc. consists of billboards and signs erected on leased land at
various locations throughout the City. Usually, in the outdoor billboard
advertising business, the billboard advertising companies erect their
billboards on leased land with the land owner paying the land taxes and the
billboard company paying for the taxes assessed to the billboards. Under these
circumstances, all of the billboards owned by a company at various City
locations are assessed to one account without a land assessment.
When the billboards assessed at 356 Niagara Street were sold, no deeds
were filed in the Erie County Clerk's office. Therefore, the only way the
Department of Assessment could have known that these billboards were sold by
Victor Outdoor to Penn Advertising, Inc. is by notification from Penn
Advertising Inc. that such a transaction occurred. This department was never
notified of the sale of billboards between these companies and there were no
requests made to mail the tax bills to Penn Advertising Inc. When property of
this nature is sold, the company that purchases the billboards usually notifies
this department by letter that such a transaction occurred because deeds are
not normally used to transfer ownership of billboards.
Certainly, an outdoor advertising company such as Penn Advertising, Inc.
with years of experience in this type of business, should be aware that real
property taxes are due and payable on billboard assets purchased from other
outdoor advertising companies.
Mr. Loper of Penn Advertising further states in his letter of June 27,
1991, that Penn Advertising "understands the important obligation we have to
the community and the great need to work together." I have enclosed, for the
Council's information, copies of letters dated August 8, 1990 and March 14,
1991 that I have sent to Penn Advertising seeking their cooperation in
furnishing this department with an inventory of all their billboards and signs
in the City of Buffalo. As of this date, Penn Advertising has not responded to
either of my letters.
Further, Mr. Koscielniak, an Assessor, has contacted a representative of
this company by phone on several occasions requesting that they comply with our
request. Mr. Koscielniak has stated to me that Penn Advertising has refused to
furnish this department with an updated inventory of their signs and
billboards. This company's lack of response to our letters and phone calls
indicates to me that they have no intention of cooperating or complying with
our request for an updated inventory of their billboards and signs.
I have also enclosed for the Council a copy of an opinion of the Law
Department regarding the "Power to Forgive Taxes." Based upon this opinion, the
forgiveness of interest on City and Sewer bills is unlawful.
Therefore, in light of the information I have provided to Your Honorable
Body, I recommend that the Penn Advertising Inc. request for the forgiveness of
interest be denied.
.REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Code Compl.
Prop. Bought at Auction.
Item No. 213, C.C.P. 07-23-91
This report is written in response to Your Honorable Body's request
that I review the Resolution: Code Compliance of Properties Bought at City
Auctions.
The Department of Assessment can make available to the Commissioner of
Inspections and Community Revitalization a list of properties that are sold at
the City's and the County of Erie's In Rem Tax Foreclosure Actions. This list
would be made available at the request of the Commissioner of Inspections and
Community Revitalization who is empowered to enforce the City's Buildings Code.
The Department of Assessment can deliver to the Commissioner of
Inspections & Community Revitalization copies of all our property data and
records for the properties sold at In Rem Tax Foreclosure Actions.
How the Code Compliance aspect of this proposed resolution would affect
the number of properties sold at these auctions would be impossible to gauge at
this time. However, any unsold properties at an In Rem Tax Foreclosure Action
would become part of the City inventory to be disposed of by the Real Estate
Division of the Comptroller's Office.
In the last City In Rem Tax Foreclosure Action held on October 29, 1990,
the City offered for sale 110 improved properties of which 87 were sold to the
public and 23 were struck to the City. The 23 improved properties struck to
the City then became part of the City's Division of Real Estate inventory of
properties.
In the last County of Erie In Rem Tax Foreclosure Action held on June 10,
1991, the County offered for sale 79 improved properties located in Buffalo of
which 69 were sold to the public and 10 were struck to the City. The 10
improved properties struck to the City by the County then became part of the
City's Division of Real Estate inventory of properties.
Therefore, if this proposed resolution were enacted, a total of 156
improved properties sold to the public at the latest City and County In Rem Tax
Foreclosure Actions would need to be inspected for code compliance. The total
number of improved properties sold to the public at the City and County's most
recent In Rem Tax Foreclosure Actions is fairly representative of past years
improved property sales.
Also, the public should be made aware prior to any In Rem Tax Foreclosure
Action that the properties purchased at these auctions must be brought into
code compliance at the behest of the Commissioner of Inspections and Community
Revitalization within a two year period of time.
It should also be noted that properties sold at In Rem Tax Foreclosure
Actions are sold "as is" and, in my opinion, it would not be cost beneficial
for the City of Buffalo to bring these properties into code compliance before
their disposition and/or sale by the City of Buffalo.
Further, the Council should consider whether the resolution should be
expanded to include code compliance for all properties disposed of by the City
whether through In Rem Tax Foreclosure Actions, the City's Homestead Program,
Division of Real Estate Sales and/or Auctions and other such property
dispositions made by the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 36
Demo. Costs
Crosswalk. Bridge
Wildroot Bldg.
Item No. 206, C.C.P. 07/23/91
This report is filed in response to Your Honorable Body's letter
dated July 30, 1991, concerning "Demolition Costs -Crosswalk Bridge - 1740
Bailey Avenue - (Wildroot Building)."
On October 3, 1989, Common Council Resolution No. 75 directed that the
cost of $15,700 for demolition work performed at 1740 Bailey Avenue be charged
to the Special Assessment Fund and that said cost shall be collected from the
owner or person in possession of the premises and/or shall be assessed against
the property benefitted. The Department of Assessment was notified on January
7, 1990 by the Department of Inspections & Community Revitalization that the
demolition of the Crosswalk-Bridge was completed. Then, on January 16, 1990,
this department proceeded to prepare a Local Assessment Roll, as per Common
Council Resolution No. 75, which assessed the previously mentioned $15,700
demolition cost against the property at 1740 Bailey Avenue.
Also, on January 16, 1990 a notice was sent to the owner of record, one
Awesome Abe's Auto Parts and Body Shop, Inc. of 203 N.W. 36th Street, Miami,
Florida 33167, that the Local Assessment Roll No. 13037 was open for inspection
and that the said owner had ten days from January 16, 1990, the date of the
notice, to object to the preparation of Local Assessment Roll No. 13037. The
owner of record at the time, one Awesome Abe's Auto Parts and Body Shop, Inc.,
did not respond or file any objection to the preparation of the said Local
Assessment Roll.
On February 15, 1990, a notice was published in the City Record that
certiorari proceedings may be commenced to review said Local Assessment Roll.
Since no certiorari proceedings were initiated and there was no payment made on
this Local Assessment Roll, the lien of $15,700 which had become effective
April 16, 1990 was added to the City tax bill that was issued on July 1, 1991
pursuant to Article 30, Section 600 of the City Charter. As of this date, this
lien remains unpaid on the Local Assessment Roll No. 13037 and remains a charge
against both the owner known as Awesome Abe's Auto Parts and Body Shop, Inc.
and against the property at 1740 Bailey Avenue.
Since Common Council Resolution No. 75 of October 3, 1989 stated that
"said cost shall be collected from the owner or person in possession of the
premises and/or shall be assessed against the property benefitted in accordance
with Chapter Article 7 of the Charter of the City of Buffalo," the Department
of Assessment adhered to Common Council Resolution No. 75 and assessed the
demolition cost against the property benefitted.
Mr. George Stephen acquired the benefitted property at 1740 Bailey Avenue
for $20,000 on October 23, 1989 at a City In Rem Tax Foreclosure Action No. 23
with the $15,700 demolition cost assessed against the property as established
by Common Council Resolution No. 75 dated October 3, 1989.
The Common Council Resolution No. 206, C.C.P. July 23, 1991 states:
"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;". In fact, the demolition
assessment of $17,270 including interest was levied against the owner of
record, one Awesome Abe's Auto Parts and Body Shop, Inc. at the time of
demolition as is indicated by the enclosed copy of the Local Assessment Roll
No. 13037.
Resolution No. 206, C.C.P. July 23, 1991 also states "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
75, C.C.P. 10/03/89;". In fact the new owner, one George Stephen was not
assessed for the cost of demolition (see enclosed copy of Local Assessment Roll
No. 13037) but rather acquired the demolition cost when he acquired the
property at 1740 Bailey Avenue at the City's In Rem Tax Foreclosure Action No.
23 held on October 23, 1989. Mr. Stephen acquired the aforementioned property
twenty days after Your Honorable Body passed Resolution No. 75 dated October 3,
1989 which directed that the aforementioned demolition costs be assessed to the
property located at 1740 Bailey Avenue. Therefore, Local Assessment Roll No. 75
is not in breach of Item No. 75, C.C.P. 10-03-89 but rather adheres to its
intent.
Therefore, I have requested an opinion from the Law Department concerning
this matter. In a letter sent to Mr. Gregory Dudek of the Law Department,
dated August 28, 1991, I requested a legal opinion as to whether the Common
Council can legally relieve the property at 1740 Bailey Avenue of the
demolition lien as is proposed in Resolution No. 206, C.C.P. July 23, 1991.
REFERRED TO THE COMMlTTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 37
Notification Serial #8195
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Section IS Subdivision 20 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing hereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF
HIGHWAY
Seventh Street Between the south curb line
extended of Court Street and a
point 183' north of the north curb
line of West Mohawk Street extended
Notification Serial #8196
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Section IS Subdivision 20 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding hereto the following: NO
STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF
HIGHWAY
Seventh Street Between the south curb line
west side extended of Mohawk Street and a
point 183' north therefrom
Notification Serial #8197
NO PARKING EXCEPT FOR FIRE PERSONNEL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
PROHIBITED HIGHWAY LOCATION PROHIBITED PORTION
OF HIGHWAY
SEVENTH STREET BETWEEN COURT STREET
AND W. MOHAWK STREET
Notification Serial #8198
STOP
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Section ll Subdivision 9 of Chapter 479 of Ordinances
of the' City of Buffalo be supplemented by adding thereto the following: STOP
INTERSECTIONS
VEHICLES ON SHALL STOP BEFORE ENTERING
VIOLA PARK PANSY PLACE
Notification #8199
TRAFFIC CONTROL SIGNALS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which the appear on the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by adding thereto the following: TRAFFIC CONTROL
SIGNALS
INTERSECTION OF
South Park and Okell
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 38
MONTHLY REPORT OF LICENSES ISSUED JULY 1991
I am respectfully submitting the enclosed report of licenses issued
in the month of July 1991 by the Division of License.
RECEIVED AND FILED.
.
No. 39
Temporary Renaming of Delaware Avenue
I have received a request from Susan M. Smith, the District Director
of the Jerry Lewis Labor Day Telethon for the benefit of the Muscular Dystrophy
Association. Ms. Smith, on behalf of the Telethon has asked that Delaware
Avenue for the week of September l, 1991, be temporarily renamed "Jerry Lewis
Boulevard.
The City of Buffalo will be receiving national recognition during the
Telethon and part of that recognition will be as a result of the temporary
renaming of Delaware Avenue.
The Telethon takes place on September 1st and 2nd 1991. The first Common
Council meeting following the summer recess is scheduled for September 3, 1991.
Because of the national recognition to the city, the time constraint for the
renaming and the fact that the renaming is honorary and only temporary, I, as
Commissioner of Public Works, granted tentative approval of the temporary
renaming of "Delaware Avenue" for a seven day period, beginning September 1,
1991 and have approved placing of a street sign at the corner of Delaware
Avenue and West Chippewa Street proclaiming Delaware Avenue "Jerry Lewis
Blvd.." I am herein requesting that your Honorable Body officially approve the
above described temporary renaming of Delaware Avenue.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated August
28, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
temporarily rename Delaware Avenue "Jerry Lewis Boulevard" commencing September
l, 1991 for a period of seven (7) days and he is further authorized to place a
street sign at the corner of Delaware Avenue and West Chippewa Street
proclaiming Delaware Avenue "Jerry Lewis Blvd."
PASSED.
AYES- 13 NOES- 0.
No. 40
PERMISSION TO TRADE IN UNUSABLE WATER METERS
It is respectfully requested that Your Honorable Body grant permission
to the Commissioner of Public Works to trade in old inoperable iron or bronze
water meters as a trade in toward the purchase of new remote water meters for
this fiscal year.
It has been the past practice to obtain in the bid documents, credits for
trading in old, inoperable iron or bronze meters.
The number of meters that are scrapped or traded in fluctuates. If the
old meter is repairable, the meter is rebuilt and the register converted so
that it can be used as an outside remote meter.
As a point of information, those meters that are traded in are considered
as scrapped meters and have been and will continue to be reported to Inventory
Control to be removed from the Division of Water's inventory.
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, granted
permission to trade in unusable water meters for this fiscal year.
PASSED
AYES- 13 NOES- 0.
No. 41
ABATEMENT OF CHARGES
ILLEGAL USE OF WATER
NORTH STAR CONSTRUCTION
Please be advised on June 16, 1989 the Division of Water billed
North Star Construction $93.40 for the illegal use of a fire hydrant at Clinton
and Michigan.
North Star Construction has indicated that they have no record of working
in the area of Clinton and Michigan on June 16, 1989.
Unfortunately, the Division of Water's records do not have the name of
the person who was using the hydrant, if a company truck was present or a
license plate number.
Further investigation of the hydrants being used at that time indicates
that a permit was issued to Lone Star Construction, 1690 Walden Avenue, Permit
No. 1719, to use the hydrants in the area from May 25 to June 30, 1989.
Due to the possibility of the hydrant being used by Lone Star
Construction rather than North Star Construction, I hereby recommend to your
Honorable Body to approve the abatement in the full amount of $93.40, Invoice
No. AR000529.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated August
26, 1991 be received and filed; and
That the Commissioner of Public Works be authorized to abate an invoice
issued to North Star Construction in the total amount of $93.40 because of a
case of mistaken identity.
PASSED.
AYES- 13 NOES- 0.
No. 42
ABATEMENT - WATERMAIN REPAIRS
FIRSTRHYME CONSTRUCTION COMPANY, INC.
Please be advised in 1984 the City of Buffalo, Department of Public
Works, Division of Engineering, had a contract with Firstrhyme Construction
Company, City Contract No. C13260 to widen Ganson Street. The contract called
for a new section of watermain to be installed in the refurbished portion of
the street.
The Division of Water billed the following invoices for work performed
pertaining to this project:
Bill No. Date Amount
AR000038 12/22/84 $4,326.00
AR000039 12/22/84 $1,181.07
AR000040 12/22/84 $492.11
AR000041 12/22/84 $1,386.92
AR000042 12/22/84 $393.69
AR000043 12/22/84 $1,101.10
Attached please find copies of the invoices which details the work
performed by the Division of Water for this project.
After consulting with John W. Day, Associate Engineer for the Engineering
Division, the Director of Water, Michael J. Martin, also concurs with Mr. Day's
findings that the contractor was never reimbursed for costs incurred for the
performance of water operations and materials furnished by the Division of
Water. Copy of Mr. Day's letter is also attached for your reference.
A review of the work performed by the Division of Water indicates that
each and every one of the invoices were for operations for the installation of
the new watermain in Cans on Street.
Since the City was the sole beneficiary of all work performed, I
recommend that the above invoices to Firstrhyme Construction be abated in the
total amount of $8,880.89.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated August
26, 1991 be received and filed; and
That the Commissioner of Public Works be authorized to abate invoices
issued to Firstrhyme Construction in the total amount of $8,880.89 because the
contractor has not been reimbursed for costs incurred for the performance of
water operations and materials furnished by the Division of Water.
PASSED.
AYES- 13 NOES- 0.
No. 43
ABATEMENT
OAKGROVE CONSTRUCTION
It is respectfully requested that your Honorable Body grant permission
to abate the bill in the amount of $1,903.51 for charges made to Oakgrove
Construction, Inc., Invoice No. AH000310 dated June 30, 1988.
This request to abate is based on the fact that the Division of Water, in
error, billed Oakgrove Construction to repair the watermain valve when in fact
the contractor, who was working for the Engineering Division, accidentally
damaged the valve as the plans did not indicate that there was a valve in that
location. A search of our records has indicated that the Acting City Engineer,
Lawrence Grasso, wrote a communication on July 25, 1988 informing the Division
of Water that the contractor should not be billed for the damages that were
's letter is attached for your reference.
caused to the valve. Copy of Mr. Grasso
MR. FAHEY moved:
The communication from the Commissioner of Public Works dated August 26,
1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
abate the bill in the amount of $1,903.51 for charges made to Oakgrove
Construction, Inc., Invoice No. AR0003l0 dated June 30, 1988. The bill was
issued in error.
PASSED.
AYES- 13 NOES- 0.
No. 44
Report of Bids - Reclamation/Over1ay II 1991-1992
This is to advise your Honorable Body that I have advertised and
received bids on Wednesday, July 31, 1991 for Reclamation/Overlay II 1991-1992.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured
quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
Destro & Brothers Concrete Co., Inc $1 86,235(LOW)
Amherst Paving, Inc. $198,985
Collana Bros. Constr.Co., Inc. $211,985
Thoaann&Loewer Asphalt Paving Co $215,435
C-WRoadway, Inc $231,016
DiPizio Constr. Co., Inc. $245,000
Kelly Blacktop $262,375
I hereby certify that the lowest responsible bidder for the above project
is Destro & Brothers Concrete Co. Inc., the cost thereof to be charged to the
O&M Account 100-401-014-561 in an amount not to exceed $186,235, plus approved
unit prices not to exceed an additional amount of $18,623.50.
The engineer's estimate for this work is $210,000. The attached is
certified to be a true and correct statement of the two (2) lowest bids
received. Under provisions of the General Municipal Law any of the bidders may
withdraw his bid if an award of the contract is not made by September, 14,
1991. Individual bid submissions are available in our office for inspection
and copies are available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 45
Heating Reconstruction
School #29
South Park & Okell Sts
Buffalo, New York
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for on August 13, 1991 and received the following sealed
proposals on August 27, 1991.
Kellner Mechanical 59,476.00
Colgate Heating Corp. 64,899.00
Joseph Davis, Inc. 66,378.00
Moffett Heating Corp. 66,450.00
Joseph Higgins, Inc. 68,106.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Kellner Mechanical Contractors in the amount of $59,476.00 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 200-402-061 - Division of Buildings.
Estimate for this work was $60,000.00.
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 Heating Reconstruction, School #29, South Park & Okell
Streets to Kellner Mechanical Contractors, the lowest bidder in the amount of
$59,476.00, with said cost to be charged against B/F 200-402-061 - Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 46
Masonry Pointing & Caulking
History Building
25 Nottingham Court
Buffalo, NY
I asked for and received the following sealed Informal Proposals
for the Masonry Pointing and Caulking, History Building, 25 Nottingham Court,
Buffalo, NY on July 19, 1991.
Progressive Weatherproofing, Inc.$4,435.00
Gerald T. Stay Co. $6,390.00
Leising Bros Corp. no bid
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Progressive Weatherproofing in the amount of $4,435.00 is the
lowest responsible bidder in accordance with the plans and specification. 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 200-402-064 - Division of Buildings.
Estimate for this work was $5,500.00.
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 Masonry Pointing & Caulking, History Building at 25
Nottingham Court, to Progressive Weatherproofing, Inc., the lowest bidder in
the amount of $4,435.00, with said cost to be charged against B/f 200-402-064 -
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 47
Emergency Repair
Air Conditioning
Buffalo Police Headquarters
E9ll Area
On 7/24/91 the Division of Buildings authorized an emergency repair
to the air conditioner in the E9ll area of Police Headquarters, 74 Franklin
Street. This emergency declaration was required due to the fact that the E9ll
area is windowless and air conditioning is essential for computer operations.
Controlled Environment Co., 917 Military Road, Kenmore, New York 14217, was
called upon to perform immediate repair. This vendor spent three (3) days plus
material to repair the equipment. The repairs cost of total of $400.68. This
amount is fair and equitable and funds are available in the Division of
Buildings O & M account.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated August
5, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
pay Controlled Environment Co., the amount of $400.68 for emergency repairs to
the air conditioner in the E9ll area of Police Headquarters. Funds are
available in the Division of Buildings O & M Account.
PASSED.
AYES- 13 NOES- 0.
No. 48
EMERGENCY TANK REPAIRS
FERRY STREET WATER TANK
DIVISION OF WATER
A leak has developed along the seam of the two million gallon
Ferry Street Water Tank. A preliminary investigation has indicated that an
eighteen inch wide section in the interior wall of the Tank along the entire
circumference, which is approximately one hundred and twenty-two feet, has to
be sandblasted down to the bare metal and an epoxy coating of the seam will be
required. The Tank then has to be painted with an epoxy paint in order to
restore the interior surface of the Tank.
Due to the short time remaining of good weather conducive to the applying
of the epoxy coating to seal the seam and the painting of the interior of the
Tank, I have declared an emergency and have obtained informal proposals to make
repairs to the Ferry Street Tank. Results of those proposals are as follows:
Erie Painting and Maintenance, Inc.
999 Rein Road
Cheektowaga, New York 14225 $ 8,881.00
Erie Interstate Construction
$428 Genesee Street
Lancaster, New York $ 17,000.00
Community Painting Company, Inc.
11 Silent Meadow Lane
Orchard Park, New York 14122 $ 23,300.00
Erie Painting and Maintenance, Inc. has previously done work for the City
of Buffalo, Division of Water and I have authorized them to perform the
emergency repairs to the water tank.
I hereby respectfully request that your Honorable Body approve my action
in declaring this emergency and to approve the payment of $8,881.00 to Erie
Painting and Maintenance, Inc.
I hereby certify that the charge of $8,881.00 by Erie Painting and
Maintenance, Inc. is fair and equitable.
Funds are available in the Division of Water's 014-00-560 account to pay
for this emergency water tank repair.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated August
2l, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
make payment to Erie Painting and Maintenance, in the amount of $8,881.00 for
emergency repairs to the Ferry Street water tank. Funds are available in the
Division of Water 014-00-560 account.
PASSED.
AYES- 13 NOES- 0.
No. 49
Change in Contract #3
Court Street, Main to Niagara Square Gr #335 - Contract #91555600 -Surianel lo.
General Concrete Contractor
Item No. 31, C.C.P. 5/8/90
I hereby submit to your Honorable Body the following change in
contract for the above named project.
The tree planters were originally envisioned to be built to conform to
the contour of the sidewalk. However, after construction began it became
apparent that this design would delay the construction of the planters due to
the fact that the planters could not be fabricated until after the sidewalk was
completed. In addition, if a field condition warranted relocation of a
planter, then the planter could not be relocated due to its unique bottom
configuration.
Based on the above reasoning, the scheme to build a removable concrete
foundation for each planter was developed. The Contractor, Surianello General
Concrete, has submitted a price of $18,027.90 for additional planter work
required as a result of the recommended design modification. This price has
been reviewed and recommended for acceptance by our Consultant Engineer,
Andrews & Clark
54 Planters at $338.85 each = $18,027.90
Contract Summary:
Original Contract Amount $978,448.50
Change Order#1 $8,795.05
Change Order#2 $19,795.09
Change Order#3 $18,027.90
New Total $1,025,066.54
Funds for this additional work are available in the Division of
Engineering Bond Fund Account #200-401-540.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works dated August
23, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue Change Order No. 3 to Surianello General Concrete in the amount of
$18,027.90, Contract No. 91555600. Funds for this additional work are available
in the Division of Engineering Bond Fund Account No. 200-401-540.
PASSED.
AYES- 13 NOES- 0.
No. 50
Broadway Market requests permission to use public sidewalk for Farmers Market.
Mr. Larry Weilacher, Director of Advertising and Marketing for
the Broadway Market, located at 999 Broadway, has requested permission to use
the public sidewalk, located within city right of way for a Farmers Market.
The Farmers Market would be open on weekends as long as weather permits
and consist of stands or carts displaying various goods for sale to the general
public.
The Department of Public Works has reviewed Mr. Weilachers request and
has no objection to granting permission to use the public sidewalk provided the
following conditions are met:
1. That the stands be located a minimum of fifty feet from the west curbline
of Lombard Street so as not to obstruct the view of motorists approaching the
intersection or interfere with persons using the existing bus shelter
2. That the stands be situated in a manner so as not to interfere with
customers entering taxi cabs at the cab stand on Broadway.
3. That, after installation of said stands, a minimum of four feet of
uninterrupted public sidewalk exists for the entire length of the Farmers
Market.
4. That any and all permits and/or licences required by the Division of
Buildings-Licenses, Room 113 City Hall, be obtained by the Broadway Market and
any vendors participating in the Farmers Market.
5. That the Broadway Market provide the Department of Public Works with
proof of insurance which will hold the City of Buffalo harmless.
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
permit Mr. Larry Weilacher, Director of Advertising and Marketing for the
Broadway Market, located at 999 Broadway, to use the public sidewalk, located
within city right of way, for a Farmers Market as conditions set by the
Commissioner of Public Works contained in the above communication.
PASSED.
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- ARTHUR, BELL- 2.
No. 51
40 Comet Avenue requests permission to occupy city right of way with stockade
fence.
Mr. Henry Cole, owner of the property located at 40 Comet Avenue,
has requested permission to occupy city right of way with a stockade fence.
The fence in question was installed within city right of way several
years ago in order to beautify the property and is located between the curbline
and the building face.
The Department of Public Works has reviewed Mr. Coles request pursuant to
Chapter 413-67 (encroachments regulations) of the City Ordinances and has no
objection to your our Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said encroachment provided the following
conditions are met:
1. That said fence is situated in a manner so as not to obstruct the view of
motorists exiting the adjoining properties.
2. That the applicant be responsible for maintaining the fence as long as it
remains within city right of way.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said fence.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 52
121 Forest Avenue requests permission to install
handicap ramp.
Mr. Anthony Buchinger Architect, acting as agent for Michael J.
Bellavia, owner of the property located at 121 Forest Avenue, has requested
permission to install a handicap ramp which would encroach city right of way at
said' address.
The proposed ramp would be constructed of wood and measure eighteen feet
in length and five feet in width on the Forest Avenue side of the property and
seventeen feet in length and four feet in width on the Dewitt Street side.
The Department of Public Works has reviewed Mr. Buchingers request
pursuant to Chapter 413-59.1 (handicap access ramps) 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:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said ramp.
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
permit Mr. Anthony Buchinger, Architect, acting as agent for Michael J.
Bellavia, owner of property located at 121 Forest Avenue, to install a handicap
ramp which would encroach the city right of way at said address as conditions
set by the Commissioner of Public Works contained in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 53
667 Grant Street
Requests Permission to
Install Awning
Mr. Jesse W. Kohler, of Kohler Awning Inc., acting as agent for
Mr. Doug Mackinnon, owner of Grant Central Station, a bar located at 667 Grant
Street, has requested permission to install an awning which would encroach city
right of way at said address.
The proposed awning would measure twenty-nine feet in length on the Grant
Street side of the property, nine feet in length on the Letchworth Street side
and project two feet three inches into city right of way.
The Department of Public Works has reviewed Mr. Kohlers application pursuant to
Chapter 413-56 (awnings, canopies and marquees) of the City Ordinances and has
no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation provided the following
conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 54
Regans Backstreet Bar, 25 Letchworth Street, requests permission to install
sidewalk cafe
Mr. Timothy F. Lucca, owner of Regans Backstreet Bar. located
at 25 Letchworth 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 feet in length and project nine
feet from the building face into City right way.
The Department of Public Works has reviewed Mr. Lucca'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:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed twenty feet in length or extend
more than nine feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of City right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand Dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 55
2335 Main Street
Requests Permission to Install Awning
Mr. Dennis Sweeney, owner of Keil Bedding
located at 2335 Main
Street, has requested permission to install three awnings which would encroach city right of way at said address.
The proposed awnings would measure a total of fifty feet in length and
project a maximum of three feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Sweeneys request pursuant
to Chapter 413-56 (awnings, canopies, and marquees) of the City Ordinances and
has no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awnings be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said awnings.
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
permit Mr. Dennis Sweeney, owner of Keil Bedding, located at 2335 Main Street,
to install three awnings which would encroach the city right of way at said
address as conditions set by the Commissioner of Public Works contained in the
above communication.
PASSED.
AYES- 13 NOES- 0.
No. 56
M. GIDNEY - WATER LEAK - 193 KINGSLEY
Item No. 82, C.C.P. May 28, 1991
In reference to the letter to the Council from Ms. Gidney, please
be advised that the Division of Water received a call from the Buffalo Sewer
Authority informing us that they were performing a video survey of the sewer in
Kingsley Street and in the vicinity of 193 Kingsley, they observed a large
volume of water entering the sewer on a continuous basis.
Our investigation revealed that there was a service leak at 193 Kinglsey
on the water service line between the watermain and the curb box. The owner
has been notified to obtain the services of a licensed plumber to repair the
service line.
In regards to the fire hydrant, Ms. Gidney's letter indicates that
approximately one year ago a fire hydrant was placed on the property. Please
be advised that a search of our records indicate that the hydrant that is
presently on location is a Howard hydrant and was installed when the watermain
was installed in 1889 which is over one hundred years ago.
The "two holes" on the premises are in actuality small depressions which
can be attributed to a washout in the area due to a service leak.
In essence, the water service line servicing 193 Kingsley should be
repaired by the property owner.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 57
Reimburse Cost of Property Purchased From County-
38 Ada Place
Item No. 106, C.C.P. JULY 23, 1991
Please be advised a search of Division of Water records reveal
that the Division of Water received a report on September 27, 1990 that there
was a leak in front of 38 Ada Place. The investigation revealed that the water
service was off at the curb and the leak was between the City's watermain and
the property owner's curb valve. A certified letter was sent to the property
owner to repair the water service line per City Ordinance, Chapter 491-34 which
indicates that whenever a leak occurs in the service pipe at any point beyond
the main, it must be immediately repaired by the owner of the premises. If not
repaired within twenty-four hours after notice, the Director of Water shall
cause the same to be shut off until repaired. This certified letter was
returned as unclaimed by the Post Office and was hand delivered to the owner on
October 23, 1990 by a Water Service Line Inspector.
On July 3, 1991 our inspection revealed that the line was still leaking
between the main and the curb, the water was left off at the curb and notice
left to make repairs by a City licensed plumber.
As of August 9, 1991 the water is still off at the curb and the water
service line is still leaking. In essence, it is the property owner's
responsibility to make repairs to the water service line.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Easement for Schiller Park
2057 Genesee Street
I hereby respectfully request that Your Honorable Body grant an
easement to the Niagara Mohawk Power Corporation to provide and maintain
electric power transmission facilities for proposed addition within Schiller
Park per attached documentation and description.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 59
Abandonment and Closing of a Portion of Morley Place
The Niagara Frontier Transportation Authority has requested that
the City of Buffalo close, abandon and offer for sale a portion of Morley,
Place so that they may expand their Michigan Avenue operation.
The Niagara Frontier Transportation Authority presently does not own all
of the street frontage abutting that portion of Morley Place that is proposed
to be abandoned, but they are in the process of acquiring the necessary
property.
The Department of Public Works has reviewed the proposal, and I, as
Commissioner of Public Works, strongly recommend that Your Honorable Body
officially close and abandon the following described portion of Morley Place
and to request the Comptroller to negotiate the sale said parcel of land to the
Niagara Frontier Transportation Authority:
All that tract or parcel of land situate in the City of Buffalo, County
of Erie, and State of New York, being part of the right of way of Morley Place
in Lot 38, Township Il, Range 8 of the Holland Land Company survey and being
more particularly described as follows:
Beginning at a point in the west line of Morley Place two hundred forty
three (243.00) feet north of the north line of East Ferry Street, and running
thence northerly and along the west line of Morley Place thirty two (32.00)
feet to the northerly present terminus of Morley Place;
Running thence east and along the line that is the present northerly
terminus of Morley Place thirty two (32.00) feet to a point in the east line of
Morley Place;
Running thence southerly and along the east line of Morley Place thirty
two (32.00) feet, to a point;
Running thence westerly on a direct line thirty two (32.00) feet to the
point of beginning, containing 1024.0 square feet of land or 0.024 acres of
land, more or less.
I would suggest that the closing and abandonment be made subject to the
following conditions:
That the closing and abandonment does not become official until the
Niagara Frontier Transportation Authority has acquired title to all the
abutting property.
That proper agreement for permanent easements be reached with all public
or private utility companies presently having underground services within the
right of way of Morley Place.
That the final closing and abandonment of the above described portion of
Morley Place does not take place until the filing of the deed conveying said
parcel from the City of Buffalo to the Niagara Frontier Transportation has been
filed in the Erie County Clerk's office.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, THE
COMMISSIONER OF POLICE, THE CITY PLANNING BOARD AND CORPORATION COUNSEL..
No. 60
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 22, 1991 in the Department
of Public Works Division of Water, Stephen Trimper 165 Conant Dr.,
Tonawanda, N.Y. 14223, to the position of Truck Driver, permanent at the
starting salary of: $ 21,729.
.REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 61
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 22, 1991, in the Department
of Public Works, Division of Water, James R. Krowka 134 Mohr St., Buffalo,
N.Y. 14212, to the position of Water Meter Tester, permanent at the: starting
salary of: $22,331.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 62
CERTIFICATE OF APPOINTMENT
Appointment to become effective July 1, 1991, in the Department
of Public Works, Division of Buildings, David N. Krug 196 Sheffield Ave.,
Buffalo, N.Y. 14220, to the position of Coordinator of Development Plans,
permanent, at the starting salary of $31,156.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKS
No. 63
AUTHORITY TO DRAW SPECIFICATIONS AND ADVERTISE FOR SEALED PROPOSALS FOR A
CONCESSION AT CAZENOVIA ICE RINK
Authorization of Your Honorable Body is hereby requested to proceed
with the preparation of specifications and to advertise for sealed proposals
for the operation of a food concession at the Cazenovia Ice Rink.
We are proposing a two year term with a two year renewal option,
beginning with the 1991-92 ice rink season.
MR. FAHEY moved:
That the communication from the Acting Commissioner of Parks dated August
27, 1991 be received and filed; and
That the Acting Commissioner of Parks be and he hereby is authorized to
prepare specifications and to advertise for sealed proposals for the operation
of a food concession at the Cazenovia Ice Rink, said specifications to include
a two year term with a two year renewal option commencing with the 1991-92 ice
rink season.
PASSED
AYES- 13 NOES- 0.
No. 64
Report of Bids
Citywide Playground Repair and Removal
Item No. 69, C.C.P. 03/05/91
I have asked for and received the following proposals for the
Citywide Repair and Removal on August 28, 1991:
Contractor Base Bid
Tomani Eastern Construction $ 19,700
MPJ Contracting 24,500
Maplewood Construction 28,404
L.C.P. Construction 28,500
Gleasons Nursery 28,745
American Paving 29,775
B.D.C. Construction 30,000
Feddington-Allen 31,400
Cedar Wrecking Salvage 36,000
Odessa Developers 39,878
Birchgrove 44,575
Structures Unlimited 48,000
Alleghany Landscaping 48,266
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Tomani's Eastern Construction Co., 649 Marilla
Street, Buffalo, New York is the lowest responsible bidder in accordance with
the plans and specifications.
I recommend that Your Honorable Body authorize the City to order the work
on the basis of the low bid. Funds for this work are available in a Bond Fund
set aside for this purpose.
MR FAHEY moved:
That the communication from the Deputy Commissioner of Parks, be received
and filed; and
That the Deputy Commissioner of Parks be, and he hereby is, authorized to
award a contract for Citywide Playground Repair and Removal to Tomani's Eastern
Construction, 649 Marilla Street, Buffalo, New York the lowest bidder in the
amount of $19,700.00, with said cost to be charged against the necessary Bond
Fund set aside for this purpose.
PASSED.
AYES- 13 NOES- 0.
No. 65
Report of Bids
Street Tree Planting
Fall 1991
As authorized by your Honorable Body, Item #46, C.C.P. July 23,
1991, I advertised for and received the following sealed proposals for Street
Tree Planting- Fall 1991, which were publicly opened and read on August 22,
1991.
Bidder Base Bid
Gleasons Nursery, Inc. $135,225
4780 Sheridan Dr.
Williamsville, NY. 14221
Birch Grove Landscaping & Nursery, Inc. 145, 710
P.O. Box 117
East Aurora, N.Y. 14052
R.M. Landscape Industries 164,995
293 Peck Rd.
Hilton, N.Y. 14468
Designers Estimate $150,000
MR. FAHEY moved:
That the communication from the Deputy commissioner of Parks, be received
and filed; and
That the Deputy Commissioner of Parks be, arid he hereby is, authorized
to award a contract for Street Tree Planting to Gleason's Nursery, Inc., the
lowest bidder in the amount of $135,225.00, with said cost to be charged
against the Capital Project Account 200-601-036.
PASSED.
AYES- 13 NOES- 0.
No. 66
EMERGENCY PURCHASE ORDERS FOR
PLAYGROUND EQUIPMENT REPLACEMENT
PARTS FOR VANDALIZED UNITS
We are advising Your Honorable Body of the emergency purchase
of playground equipment replacement parts for vandalized play equipment. The
parts that were ordered are specific to the corresponding manufacturer of the
units. Thus, all items are ordered on an "only source" basis.
Further, the damaged condition of these play structures does constitute a
possible safety risk.
Following is a list of the supplier
parts ordered and the playground location:
Miracle Recreation Equipment Co.
P.O. # 10652780
--Mulroy Playground - steel replacement circular slide and wall enclosure
--McCarthy Park - handhold and hardware
--J.H. Williams - wall panel, 81 PVC ramp
plastic bubbles for play structure. Also
bleacher seats and a footboard for a Miracle bleacher located at this park.
Total: $6915.00 plus shipping and handling
Marturano Recreation Co., Inc.
P.O. # 10670350
--Mulroy Playground - replacement steel slide, new mesh decks and wall
enclosure.
Total: $2364.24
E.F. Schweitzer
P.O. # 10654490
--Riverside Park - Mexico forge play structure-three (3) plexiglass
bubbles and seats.
Total: $627.00
Funds for these orders are available in Parks C.P.A. 200-601-028 and
200-601-029
RECEIVED AND FILED.
No. 67
Change in Contract Installation of Prepurchased Play Equipment
Various Locations
I herewith submit to Your Honorable Body the following change
in contract for the Installation of Prepurchased Play Equipment Various
Locations, Gleason's Nursery, Inc., C-91601300.
1. Purchase and install six (6) play equipment parts required to complete
installation ADD $660.22
This work change is due to the fact that some parts were missing from the
inventory and the contractor was required to purchase them.
The foregoing change results in a net increase in the contract of
$660.22.
Summary:
Original Contract Amount $37, 840.00
Change Order No. 1 ADD 500.00
Change Order No.2 (This Change 660.22
Revised Contract Amount $39,000.22
This change could not be foreseen at the time the contract was let. The
cost for additional parts and labor was reviewed by the Department of Community
Development and found to be fair and equitable.
Funds for this work are available in Parks C.P.A. 200-601-029.
I recommend that Your Honorable Body authorize the Deputy Commissioner of
Parks to issue a change order to Gleason's Nursery, Inc., in the amount of
$660.22 as set forth above.
MR. FAHEY moved:
That the communication from the Deputy Commissioner of Parks, be received
and filed; and
That the Deputy of Commissioner of Parks be, and he hereby is, authorized
to issue a change order to Gleason's Nursery, Inc. in the amount of $660.22 for
additional work under contract #C-9l60l300 for work relating to the
Prepurchased Play Equipment Various Locations, with said cost to be charged
against Parks 200-601-029 account.
PASSED
AYES- 13 NOES- 0.
No. 68
Request Change in Handicapped Parking in Delaware Park
#149, C.C.P. 7/9/91
I have no problems with the recommended parking changes as long
as the Commissioner of Public Works can accommodate the resolve in this
Resolution.
MR. FAHEY moved:
That the communication from the Acting Commissioner of Parks dated July
18, 1991 be received and filed; and
That the Commissioner of Public Works and the Acting Commissioner of
Parks be and hereby are authorized to make the requested changes in handicapped
parking in Delaware Park.
PASSED.
AYES- 13 NOES- 0.
No. 69
Amend Section 175-1 of the Ordinance of the City of Buffalo Indoor Ice Rink
Fees Changes
Amend Section 175-1 of the Ordinance of the City of Buffalo relating
to fees for ice skating in City-owned rinks by adding the following:
Indoor Rinks: Any nonresident participating with an organization or group
paying resident or developmental rates will be charged a one time additional
fee of $50.00 per individual per season.
Daily Rentals: Any group or team with more than four nonresidents will be
charged the nonresident fee per hour for ice time.
REFERRED TO THE COMMlTTEE ON FlNANCE AND THE CORPORATION COUNSEL.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12
NOES- RUTECKI- 1.
FROM THE DEPARTMENT OF POLICE
No. 70
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. #104 of February 2, 1988, attached hereto please find
copies of the following listed checks:
#8155-00088101 - $8,899.00 #8155-00088430- $5,418.00
#8155-00088439 - $ 818.00 #8155-00088096-$19,539.00
#8155-00088104 - $1,258.00 #8155-00088369- $3,214.00
#8155-00088100 - $2,530.00 #8155-00088443- $1,218.00
#8155-00088412 - $4,755.00 #8155-00088454- $2,416.00
#8155-00088099 - $1,331.00 #8155-00088098- $1,190.00
TOTAL $52,586.00
These checks were received by this department and duly deposited in Trust
& Agency Account #630-065-217-00-000.
RECEIVED AND FILED.
No. 71
Rowdyism & Vandalism in City
Neighborhoods"
Item #143 - CCP - July 9, 1991
In response to the above resolution, we have assigned members
of the Street Crime Unit to the trouble areas on the East Side and on the West
Side. We have also assigned an anti-gang car to Precinct #16 and to Precinct
#5. The Police Community Service Bureau also has an anti-gang squad which is
policing the trouble areas.
We hope these assignments will alleviate this problem.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 72
Police Class
#218, C.C.P. July 23, 1991
The Buffalo Police Department is currently in the process of preparing
for a new recruit class to begin on September 4, 1991.
The exact number is not known at this time.
RECEIVED AND FILED
No. 73
Permission For The Mayor To Execute The 1991-1992 Aid To Law Enforcement Grant
Contract
Item #132, C.C.P., 10/30/90
Our Department is requesting authorization for the Mayor to execute
the proposed Aid To Law Enforcement Agreement (copy attached) between the City
of Buffalo and the New York State Division of Criminal Justice Services for the
period April l, 1991 through March 31, 1992. (Renewal)
Under this Agreement, the State will provide the City of Buffalo 'with $807,560
(a 15% reduction in funding due to State's fiscal crisis) to enhance our City's
law enforcement capabilities. These funds will be used to provide case
enhancement for the major offense crimes of burglary, robbery and sex offenses.
I am respectfully requesting that this item be submitted to the Common Council
for approval.
If additional information is required, please do not hesitate to contact
Captain George M. Loncar, Administration and Communications at 851-4451.
MR. FAHEY moved:
That the communication from the Commissioner of Police dated August 28,
1991 be received and filed; and
That the Mayor be and he hereby is authorized to execute the proposed Aid
to Law Enforcement Agreement between the City of Buffalo and the New York State
Division of Criminal Justice Services for the period April l, 1991 through
March 31, 1992. Under this Agreement, the State will provide the City with
$807,560 (a 15% reduction in funding due to State's fiscal crisis) to enhance
our City's law enforcement capabilities.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF FIRE
No. 74
Permission to Contract with Sisters Hospital for Respirator Physicals For
Firefighters
Permission is requested from Your Honorable Body to Enter into
a contract with Sisters Hospital Corporate Health Services to provide base line
respirator and hazardous materials physical examinations for firefighters, in
order to comply with Department of Labor regulations.
The Buffalo Fire Department has received an "Order to Comply" from the
New York State Department of Labor, directing us to provide base line
respirator physicals for all 900 firefighters by February 15, 1992. On July 3,
1991, in cooperation with the Division of Labor Relations, we sent a
"Request-for-Proposals" (RFP) to qualified medical clinics in the Buffalo area,
asking for proposals and prices to conduct the physicals according to our
specifications. We asked the proposals to do the respirator physical and also
proposals for the more extensive hazardous materials physicals for up to 150
firefighters. It is our intention to give the Haz Mat physicals to 150
firefighters per year until we have a base line physical on the whole
department. The proposals received were as follows:
CLINIC RESPIRATOR HAZ MAT TOTAL
PHYSICAL PHYSICAL
Sisters Hospital $75.00 $170.00 $ 81,750
Mercy Hospital $ 88.00 $156.00 $ 89,400
Union Occ. Health $135.00 $225.00 $135,000
Riverfront Medical$ 85.00 $214.00 $ 95,850
Lakeshore $ 86.00 $197.00 $ 94,050
Therefore, Sisters Hospital had the lowest cost proposal, and we request
permission from your Honorable Body to enter into a contract with Sisters. A
copy of the proposed contract is attached for your information. Deputy
Commissioner Bulger will be available at the Committee meeting to answer any
questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE THE COMMISSIONER OF FIRE AND THE
CORPORATION COUNCIL.
No. 75
Standardization of Fire Helmets
and Face Shields
The Buffalo Fire Department is requesting to standardize Morning
Pride Lite Force V Helmets and Face Shields.
Our request is based on performance or this helmet compared to other brands
used over the past few years.
This helmet costs approximately a dollar more than other brands, but it will be
a savings in the long run because of 'its construction, and for the following
reasons:
1. The helmet is better designed; its' helmet liner extends further down the
neck giving added protection. This also helps prevent the helmet from falling
off the head.
2. The helmet is 4 oz.. lighter than other helmets, and is more comfortable
when worn for an extended period of time.
3. The helmet is designed to fit snugly over the S.C.B.A. face piece; other
helmets must be pulled down, forcing the liner away from the helmet.
4. The attached face shield has a water guard that prevents water from
running down the helmet, and on to the face of the person wearing It. water
guard Is on all Morning Pride replacements shields.
5. The helmet face shield hardware does not extend beyond the sides of the
helmet like all other makes. This prevents 'the helmet from being caught or
tangled on hanging wires or other objects.
6. This helmet is a one (1) piece extruded helmet, making it stronger than
competitors whose helmets are made of layers of fiber glass, and which we have
had to replace because of cracks or wearing out.
7. Only the Morning Pride Face Sheild fits the Lite Force V helmet.
In conclusion, I respectfully request your Honorable Body to approve
standardizing the Morning Pride Lite Force V Helmet and Face Pieces.
REFERRED TO THE COMMITTEE ON FINANCE THE CORPORATION COUNSEL. AND THE
COMMISSIONER OF FIRE.
FROM THE CORPORATION COUNSEL
No. 76
Objection to Petitions
Requesting Referendum
on Reapportionment
Item No. 99, CCP. July 23, 1991
You have referred the referenced item to this department for comments
and/or recommendations.
Please be advised that I have taken the position that this matter presents a
conflict of interest for the Law Department and accordingly have advised the
parties to retain counsel.
Moreover, this matter has been litigated during your summer recess and its
disposition has been placed in the hands of the Court.
RECEIVED AND FILED.
No. 77
Pro Bono Legal Services
The Erie County Bar Association is attempting to organize a volunteer
pro bono legal services project for all local attorneys, including governmental
attorneys. If the volunteer project is not successful, the Chief Judge of the
Court of Appeals will impose d mandatory pro bono obligation on all attorneys.
The President of the Erie County Bar Association has indicated that a pro bono
policy for governmental lawyers will be an integral part of the local volunteer
lawyers project. Accordingly, we respectfully request that your Honorable Body
adopt and approve the following policy:
The attorneys of the Office of the Corporation Counsel for the City of
Buffalo may volunteer twenty (20) hours of off-duty time per annum, to provide
free legal services for the poor and elderly who will be referred through The
Volunteer Lawyers Project, Inc.
The matters for which the pro bono legal services will be provided shall
not involve the City of Buffalo. It is anticipated that the types of cases to
be referred to the city attorneys will be divorces, wills and bankruptcies.
RECEIVED AND FILED.
No. 78
Lease Renewal - S. M. Flickinger 416 Kenmore Avenue
Item No. 17A, C.C.P., 7/23/91
Having reviewed the underlying lease agreement and upon information
from the Director of Real Estate that the lessee has complied with all terms
and provisions thereof, I concur with the recommendation of the Comptroller
that S. M. Flickinger be allowed to exercise its option to renew the lease
under the present terms and conditions provided the lease renewal agreement be
approved as to form by the Law Department.
RECEIVED AND FILED.
No. 79
Updated Valuation - 28 Hertel
Item No. 149, C.C.P., 7/23/91
In response to the referenced inquiry, the staff of the Law Department
has not been involved in negotiations concerning the matter since your most
recent official action on the subject.
RECEIVED AND FlLED.
No. 80
USDA Food Program Reimbursement
Item No. 227, C.C.P., 7/23/91
This replies to the above item. As you know, the Corporation
Counsel explained the background and status of this and related matters in a
detailed confidential letter dated February 27, 1991 to you and the Board of
Education. There has been no substantial change in the status of those matters
since then.
As you are also aware, these matters are the subject of litigation. As a
result, communications and discussions dealing with the substance of these
matters would be inappropriate outside of a confidential and privileged
setting. Of course, I would be glad to meet with you in executive session to
answer questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 81
M. Smith - Reimburse Cost
of Property Purchased from County
Item No. 106, C.C.P. 7/23/91
You have referred the referenced item to this Department for comment.
Apparently, Michelle Smith purchased property at 38 Ada Place at a county in
rem sale and discovered afterward "the water line was broken from the curb to
the main water line".
Please be advised that regardless of how she came into possession of the
property, it is Ms. Smith's legal and financial responsibility for repairs to
the water service line which extends from the tap in the City water main to the
house. A diagram prepared by the Division of Water is attached hereto for
clarification.
The Law Department has also been advised that three attempts have been
made to contact the owner by mail, one hand delivered, to no avail.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 82
R. Refern - Request to Obtain
495 Riley & 45 Zenner Streets
You have requested the Law Department to respond to the referenced
item.
Both of the properties were obtained by the City under the old Section 810
Urban Homesteading Program from HUD in 1984. However, further inspection by
both City and HUD inspectors resulted in a finding that rehabilitation was not
economically feasible.
Consequently, in March 1988, the City refunded the sum of Five Thousand
Twenty-two Dollars ($5,022.00) to HUD representing the total value of the
properties, but title still remains in the City because HUD did not want the
properties and advised the City to do whatever it wanted with them. Both
properties were subsequently scheduled for demolition and the resulting vacant
lots were to be included in the City's urban homestead program. Apparently, the
demolition has not occurred to date.
Mr. Redfern is well aware of the opinion shared by the City and HUD that
neither property is worth rehabilitating but insists that he can do it. Our
inquiries also reveal that Mr. Redfern has been advised that no City subsidies
would be available to assist him with the rehabilitation and that he is
prepared to personally assume all costs associated therewith.
Should Your Honorable Body desire to convey either or both of these properties
to Mr. Redfern, it is recommended that you authorize negotiations for the terms
of the sale.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 83
Distribution of Sexual Material
on School Property
You have requested this Department to address the legal implications
of Act Up distributing sexually explicit materials to minors.
The Law Department contacted the Erie County District Attorney's Office shortly
after the incident in question took place. We were advised that in the judgment
of the District Attorney, the materials distributed by Act Up did not
constitute a violation of Article 235 of the Penal Law of the State of New York
entitled "Obscenity and Related Offenses."
The Law Department was also advised that the District Attorney's Office has not
prosecuted the printed word under the state obscenity statute in eighteen
years.
Because Chapter 299 of the Ordinances of the City of Buffalo, which deals with
obscene materials including dissemination of same to minors, is virtually a
verbatim counterpart of the State statute, it is the judgment of the Law
Department that the materials distributed by Act Up would likewise not
constitute a violation of the City Ordinance.
If in fact the Act Up people were distributing such materials upon school
property in violation of the provisions of Sec. 140.10 of the State Penal Law,
they could be charged with criminal trespass in the third degree which is a
Class B Misdemeanor and, if convicted, punishable by a fine not to exceed Five
Hundred Dollars or a sentence of imprisonment not to exceed three months, or
both.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 84
Request Information
On Unauthorized
Auto Purchase
Item 215, C.C.P., 7/23/91
You have requested an opinion from the Law Department with respect
to the legality of the purchase of the Streets Commissioner's automobile and
the legality of the transfer of funds in order to make the purchase.
The referenced resolution states that the funds were not authorized in
the 1990-91 budget by the Administration or the Common Council. It also states
that the Common Council must approve the transfer of funds.
It is my opinion that the purchase of the vehicle was indeed legal as
authorized pursuant to Sec. 40 of the City Charter which provides that "the
director of the budget may approve in writing the reallocation of funds to or
from any major object of expenditure. . .within the appropriation for every
function of each department.. provided, however, that the total expenditure for
all major objects within any function shall not exceed the appropriation for
such function as originally made or increased." The Budget Director approved
the purchase of a sedan, in lieu of a four-wheel drive vehicle, in writing as
required by Sec. 40.
A total of $368,500.00 was approved by the Common Council for account
981-passenger cars and other vehicles, within which $18,500 was allocated for a
four-wheel drive vehicle. In this instance, because sufficient funds had been
allocated to this particular account, the purchase of the vehicle in question
actually represented a savings with respect to the amount originally allocated
to the purchase of the four-wheel drive vehicle.
Therefore, the underlying assumption stated in the resolution that a
transfer of funds requiring Common Council approval is erroneous. Sec. 42 of
the Charter requiring a certificate of necessity and Council action for the
transfer of any unexpended balance is not applicable given the factual
circumstances under which the purchase was made.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 85
Request Authorization to
Apply for Urban Cultural
Park Grants
The New York State Office of Parks, Recreation and Historic Preservation
has announced that the deadline for the next cycle of the Urban Cultural Park
(UCP) Local Assistance Program is August 9, 1991. The UCP Local Assistance
Program provides matching funds for up to 10% of eligible project costs for
capital projects, 25% of eligible project costs for interpretive programs and
50% for planning projects.
The Department of Community Development intends to submit two
applications under this funding cycle. The first grant request, totaling
$17,632, is for the replacement of sidewalks and curbs on West Chippewa Street
between Pearl Street and Delaware Avenue. Matching funds are available through
the City's 17th Year Community Development Block Grant Program. The second
grant request, totaling $6,300, is for the first phase of a Theatre District
Architectural and Historical Interpretation Program. With this application,
the City, in conjunction with Buffalo Place Inc., will design, fabricate and
install 10 interpretive building plaques and 2 cultural interpretive plaques
(honoring Michael Shea and Michael Bennett). A Theatre District self-guided
walking tour will also be developed as part of the program. Matching funds for
this project are anticipated from the Fiscal Year 1992 Certified Local
Government Subgrant Program.
We now request that your Honorable Body approve an appropriate resolution
authorizing the Mayor of the City of Buffalo to submit the above-mentioned UCP
Local Assistance Program applications. A sample resolution is attached.
RECElVED AND FILED.
No. 86
Assign UCP Grant to
Buffalo Place, Inc.
On October 16, 1990, your Honorable Body accepted a $8,750 grant
from the New York State Office of Parks, Recreation and Historic Preservation
Urban Cultural Parks (UCP) Program for the purpose of creating and producing a
brochure highlighting the cultural and historic offerings of the Theatre
District UCP (Item No. 197, C.C.P., October 16, 1990). The project is a joint
venture between the State, Buffalo Urban Renewal Agency, Buffalo Place Inc.,
Greater Buffalo Convention and Visitor Bureau, Theatre District Association and
Arcade Cinema Group.
Buffalo Place Inc. is coordinating the development and printing of the
brochure. They are also front-ending State's share of the project cost since
the grant funds are available on a reimbursement basis.
We request the Common Council authorize the City to assign the Project
Agreement between the State and City to Buffalo Place Inc., and to transfer
grant proceeds to Buffalo Place Inc. to pay expenses incurred in the project.
RECEIVED AND FILED
No. 87
Scajaquada Pathway Phase Il
As you are aware the City successfully applied for a $1.007.500
EQBA grant for Scajaquada Pathway Phase I I which would complete the connection
to the Riverwalk system. This grant is conditioned on the City of Buffalo and
the County of Erie each contributing $250.709.50 in local funds to the overall
$2.200.000 budget. During the grant application process we were assured that
the County was agreeable to this arrangement and. in fact. there is $50.000 in
the 1990 budget and $125.000 in the County's 1991 budget appropriated by the
County for this project.
Unfortunately. the County has rejected various drafts of an
inter-municipal contract for this project. As such. the City cannot represent
to the State that the requisite matching funds will be available in
satisfaction of the EQBA grant conditions. Obviously. this also creates a
budget gap for the project. Our latest offer is attached for your
consideration. With only 3 months till the 1992 budget proposal. County
officials still do not know whether the County Executive will recommend capital
funds for the balance of the County's contribution let alone whether the 1991
funds will actually be made available for this project.
I trust your Honorable Body will take appropriate action to try and
induce the County to honor their prior commitment. which l believe you relied
on in approving the City's $250.000 contribution. I hope that we will be more
successful in accomplishing this than we were in the similar University Heights
Community Center project which eventually required the City to make up for
funds which the sponsors of that project had identified as the promised County
share of costs.
Until we know whether sufficient County funds will be available to
leverage all of the State funds. We cannot solicit consultants to prepare plans
and specifications. Without County funds the funding for this project could
decrease by up to $400.000. obviously impacting on the scope of the consultants
services.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 88
Reimbursement for sewer work
BECK STREET/K-MART PROJECT
The Department of Community Development is requesting permission
to reimburse the Buffalo Sewer Authority in the amount of $26,052.64 for
necessary work completed for the K-MART Development project.
The Buffalo Sewer Authority advertised, bid and awarded the contract to
Anastasi Trucking Company. In order to expedite the work in a timely fashion,
the Sewer Authority requested that they utilize Community Development Bond
Funds, which were specifically earmarked for infrastructure purposes for the
K-MART project.
Honey to reimburse the Buffalo Sewer Authority is available in Bond Fund
200-717-008.
MR. FAHEY
moved:
That the communication from the Commissioner 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 reimburse the Buffalo Sewer Authority the amount of $26,052.64
for necessary work completed for the K-Mart Development project performed by
Anastasi Trucking Company under contract awarded by the Buffalo Sewer
Authority. Necessary funds are available in Bond Fund 200-717-O08.
PASSED.
AYES- 13 NOES- 0.
No. 89
Permission to Negotiate
550 Babcock Street
The Department of Community Development is requesting authorization
for the Comptroller of the City of Buffalo to enter into negotiations for the
acquisition of 550 Babcock Street. The .66 acre vacant parcel, located at the
corner of Babcock and Fleeing Street, will be landscaped and incorporated in
the Gus Franczyk Park development.
The project will be funded with dollars allocated in the 1991-1992
Capital Projects Budget.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That the Comptroller be, and he hereby is authorized to enter into
negotiations for the acquisition of 550 Babcock Street and report to this
Honorable Body the results of such negotiations and the project will be funded
with dollars allocated in the 1991-1992 Capital Projects Budget.
ADOPTED.
No. 90
Architectural - Engineering Services
Site Development of War Memorial Stadium
The following proposed architectural-engineering services are
being submitted to Your Honorable Body for immediate action in conjunction with
the Site Development of War Memorial Stadium.
In order to expedite work on the project Nichter Utility Construction
Company, Inc., was given an advance notice to proceed on July 24, 1991, so that
the massive earth moving operations associated with this project could be
accomplished in dry weather conditions. Now that the earth moving operations
are essentially complete it is imperative that an engineering firm be hired for
construction administration of the project.
The Department of Community Development solicited proposals from the
three (3) firms associated with this project since its inception, and the
following is a summary of the proposals received:
1) Duchscherer-Oberst Design P.C.
2320 Elmwood Avenue
Buffalo, New York 14217
Revise construction contract documents as per approved
deduct change orders to general and electrical contracts
CCP #72, 73 - 7/23/91. $ 20,000.00
- Perform all necessary construction administration
services related to construction. 85,000.00
Total $105, 000. 00
2) Robert Traynham Coles, Architect
730 Ellicott Square
Buffalo, New York 14203
Revise construction contract documents as per approved
deduct change orders to general and electrical contracts
CCP #f72, 73 - 7/23/91. $20,000.00
Perform all necessary construction administration
services related to construction. 100,000.00
Total $120,000.00
3) Saratoga Associates
110 Pearl Street
Buffalo, New York 14202 "No Bid"
I, therefore, recommend that Your Honorable Body immediately authorize
the Commissioner of Community Development to award a contract to
Duchscherer-Oberst, P.C., for plan revisions and construction administration in
the amount of $105,000. Funds for this work are available in Bond Fund
#200-717-094.
In addition, as per CCP of 7/31/90, Item #81, I am requesting permission
to hire the firm of Robert Traynham Coles, Architect, P.C., for schematic
design of the proposed field house for a negotiated lump sum fee of $100,000.
Funds for this work are available in Bond Fund #200-717-094.
Mr. Fahey moved to approve the above item; seconded by Mr. Collins.
Mr. Fahey now moved as an amendment to approve that portion of said item as it
pertains to awarding $100,000 to R. Coles for the design of the proposed field
house.
seconded by Mr. Collins.
PASSED.
AYES- 13 NOES- 0.
Mr. Collins now moved to refer the balance of said item as it pertains to the
architectural and engineering services for site development at War Memorial
Stadium (R. Coles & Duchscherer-Oberst Design Bids) to the Committee on Finance
Seconded by Mr. Pitts.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS, RUTECKI- 8
NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 5.
No. 91
Report of Bids - Improvements
to Polonia Hall
As authorized by Your Honorable Body per Item #64, CCP 5/14/91 the
Department of Community Development advertised for an received the following
sealed bids for Improvements to Polonia Hall, which were opened and publicly
read aloud on Monday, August 12, 1991:
Contractor Base Bid Alternate #1 Alternate #2
Baker Development $72,000 $12,900 $3,000
1251 Electric Ave.
Lackawanna, New York
Feddington Allen 77,000 20,820 2,900
70 Hawkins Ave.
Hamburg, New York
Allstate Maintenance 78,700 19,716 2,600
31 Ransier Dr.
West Seneca, New York
Miller Enterprises 90,900 12,500 3,200
584 Taunton Pl.
Buffalo, New York
BDR, Inc 92,413 13,828 2,819
82 Pearl Street
Buffalo, New York
LCP Construction 96,747 15,400 3,200
589 Northland Ave.
Buffalo, New York
Nichter Associates 96,769 13,000 4,000
2153 Niagara St.
Buffalo, New York
Seneca Hawk, Inc. 102,495 13,700 4,750
229 Lake St.
Hamburg, New York
- Alternate #1 is an add to resurface the existing parking lot.
- Alternate #2 is an add to replace the main entrance doors.
I hereby certify that the preceding is a true and correct statement of
all bids received and that Baker Development, Inc., is the lowest responsible
bidder with a base bid amount of $72,000. The engineer estimate for the base
bid was $75,000.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to award a contract to Baker Development,
Inc., for the base bid and Alternate #2 for a total amount of $75,000. Funds
for this work are available in Bond Fund #200-717-076.
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 Improvements to Polonia Hall, to Baker
Development, Inc., the lowest bidder in the amount of $75,000.00 base bid plus
Alternate #2 as an add to replace the main entrance doors, with said cost to be
charged against the Bond Fund #200-717-076.
PASSED.
AYES- 13 NOES- 0.
No. 92
Report of Bids
Theater District
Site Improvements
I have asked for and received the following proposals for the
Theater District Site Improvements on August 27, 1991:
Contractor Base Bid Alternate #1 Alternate #2
Feddington-Ailen $ 96,400 $ 5,700 $9,900
Surianeilo 96,612 3,816 8,310
L.C.P. `98,062 2,300 16,500
M.P.J. 99,339 5,600 6,500
Maplewood 99,400 6,000 13,000
R&R 118,160 3,200 4,100
B.D.C. 127,240 14,128 9,900
Faigiano 128,368 2,500 9,500
Birchgrove 142,770 6,998 9,640
Gianadda 177,700 2,500 9,500
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Feddington-Ailen, Inc., 70 Hawkins Avenue, Hamburg,
New York, 14075, is the lowest responsible bidder in accordance with the plans
and specifications.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work on the basis of the low
bid. Funds for this work are being received from a New York State EQBA Grant.
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 lie hereby is,
authorized to award a contract for Theater District Site Improvements, to
Feddington-Allen, Inc., 70 Hawkins Avenue, Hamburg, New York 14075, the lowest
bidder in the amount of $96,400.00, with said funds to be received from a New
York State EQBA Grant.
PASSED.
AYES- 13 NOES- 0.
No. 93
Add Change Order #1 $3,895.09 Electrical Contract #91589500 Convention
Center/Hyatt Hotel Pedestrian Walkway
As per Item #156 of July 3, 1990, Your Honorable Body approved
a contract in the amount of $62,395 to the Industrial Power and Lighting
Corporation, 701 Seneca Street, Buffalo, New York, for electrical work at the
Convention Center/Hyatt Hotel Pedestrian Walkway.
This project is now complete and operational. During the course of
construction our engineer authorized the following changes necessary to
compensate for field conditions:
1) Install dedicated circuit for sump
pump in elevator shaft ADD $156.76
2) Allowance for labor and material
to relocate fire alarm and telephone ADD 1,351.86
bank
3) Allowance for labor and material to
repair damaged fire alarm duct bank ADD 1,694.85
4) Allowance for premium time ADD 691.62
TOTAL $ 3,895.09
Upon approval of this change order, the contract will be increased and
closed out at $66,290.09.
Funds are available in Bond Fund 200-717-047.
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 issue a change order to Industrial Power and Lighting
Corporation, in the amount of $3,895.09 for additional electrical work for
Contract #91589500 relating to the Convention Center/Hyatt Hotel Pedestrian
Walkway, with said costs to be charged against Bond Fund 200-711-047 account.
PASSED
AYES- 13 NOES- 0.
No. 94
Add change order 11 ($1,596.35) [HEATING & VENTILATION Convention Center/Hyatt
Hotel
Pedestrian Walkway/CONTRACT 91589300
As per item 1156 of 7/3/90, Your Honorable Body approved a contract
in the amount of $71,400 to the Joseph Davis co., of 120 West Tupper Street,
Buffalo, New York for H.V.A.C. work at the convention Center/Hyatt Hotel
Pedestrian Walkway. This project is now complete and operational.
During the course of construction, our Engineer authorized the following
changes necessary to compensate for field conditions.
1. RE-ROUTE 1 1/4 Water Lines and
RE-INSULATE as directed by the
Engineer. ADD $ 450.
2. CAP pneumatic thermostat line
along Franklin Street door ADD $400.
3. RE-ROUTE Ductwork as required
to avoid conflicts with steel
framing. ADD $746.35
TOTAL ADD $1596.35
Upon approval of this change Order, the Contract will be increased and
closed out at $ 72,996.35.
Funds are available in Bond Fund 200-717-047.
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 issue a change order to Joseph Davis, Co., in the amount of
$1,596.35 for additional heating and ventilation work for Contract #91589300
relating to the Convention Center/Hyatt Hotel Pedestrian Walkway, with said
costs to be charged against Bond Fund 200-717-047 account.
PASSED
AYES- 13 NOES- 0.
No. 95
Add Change Order #1 ($42,252) General Construction Work Convention Center/Hyatt
Hotel Pedestrian Walkway
Contract #91589100
As per item #156 of 7/3/90 Your Honorable Body approved a contract
in the amount of $1,601,100 to Nichter Construction Company of 344 Vulcan
Street, Buffalo, New York, for general construction work at the Convention
Center/Hyatt Hotel Pedestrian Walkway. This project is now complete and fully
operational.
During the course of construction, our engineer authorized the following
changes necessary to compensate for field conditions:
1) Remove underground obstructions
along the Hyatt node Add $ 2,650
2) Relocate existing fire alarm
cable along the Convention
Center node Add 11,400
3) Remove underground obstructions
along Convention Center Add 3,662
4) Add 110 linear feet of support
beam for face block along
Convention Center Add 3,000
5) Provide curb cut and repair
sidewalk at Hyatt node Add 1,438
6) Reroute existing fire alarm
cable at Franklin Street Add 5,758
7) Change exterior coping color
at Convention Center curved wall Add 633
8) Additional steel framing various
locations Add 3,760
9) Relocate manhole rim at Convention
Center Add 475
10) Apply fire proofing spray in
mechanical room Add 2,542
11) Replace section of sidewalk
at Hyatt node Add 1,280
12) Rebuild manhole rim at
Convention Center Add 1,764
13) Change soffit material from
hardboard to drywall Deduct- 745
14) Delete changes along structural
vault at Convention Center Deduct-6,416
15) Allowance for premium time Add 8,187l
16) Add soffit in Room 108 at
Convention Center Add 1,386
17) Allowance for change in finish
of Durock Add $ 1,763
18) Add new door sill at Franklin
Street entrance of Convention
Center Add 889
19) Delete signage package Deduct-3,O0O
20) Additional block work at
electrical equipment room Add 690
21) Install telephones in elevators Add 1,136
Summary:
Total Adds $52,413
Total Deducts 10,161
Change Order Amount 42,252
Upon approval of this change order, the contract will be closed out at $1, 643,
352. Funds are available in Bond Fund 2O0-717-O.
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 issue a change order to Nichter Construction Co., in the amount
of $42,252.00 for general construction work for Contract #91589100 relating to
the Convention Center/Hyatt Hotel Pedestrian Walkway, with said costs to be
charged against Bond Fund 200-717-047 account.
PASSED
AYES- 13 NOES- 0.
No. 96
J.F.K. Playground
Change Order No. 1
During construction of the above project, subsurface concrete
footers were discovered in the location where the play equipment was to be
installed. This necessitated the removal of the concrete footers to install
the play equipment properly.
We request approval of the Change Order in the amount of $765.00 to cover
this unforeseen work. This will bring the total contract amount to $28,185.
Funds for this work are available in Bond Fund 200-402-048.
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 issue a change order, in the amount of $28,185.00 for removal of
the concrete footers to install the play equipment properly at the J.F.K.
Playground, with said costs to be charged against Bond Fund 200-402-048
account.
PASSED
AYES- 13 NOES- 0.
No. 97
Electrical Construction Contract
East Clinton Senior Center
This communication is to advise Your Honorable Body of an error
which occurred in Item # 50, CCP 7/11/91 - Change Order # 2, Goodwin Electric
for electrical construction at the East Clinton Senior Center, approved
7/11/91.
Please be advised that a corrected contract summary is as follows:
Original Contract Amount $68,190.00
C.O. #1 7,005.00
C.O. #2 412.00
Total Final Contract Amount $75,607.00
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated August 29, 1991 be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to make corrections in Change Order No. 2 (Item No. 50, C.C.P.,
7/11/91) for the contract with Goodwin Electric for electrical construction at
the East Clinton Senior Center as contained in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 98
Oak St. Redevelopment Project NYR-197
Disposition Parcel 8D - Assignment of Lease - From Trico Products Corp. to
Health Care Plan, Inc.
At the Council meeting of January 19, 1988, CCP # 70, your Honorable
Body approved a Lease Agreement for Trico Products Corporation to construct a
parking lot on BURA owned property located on the block bounded by Washington,
Virginia and Ellicott Streets.
Health Care Plan, Inc. Development at the southeast corner of Main &
Carlton Streets is contingent upon the authorization of the Agency and the
Common Council for the assignment of the Trico Products Corporation Lease.
Health Care Plan had previously contemplated development of a 2 story
parking ramp at their proposed facility at Main & Carlton. This has proven to
be cost prohibitive. At the same time the Roswell Park parking ramp has been
substantially closed down causing a parking shortage in the area. The two
medical institutions jointly approached Trico Products to use the parking lot
which is leased to Trico by BURA. Trico is receptive to reducing their
occupancy of the lot.
To facilitate the Health Care Plan Development and assist Roswell Park, I
respectively request authority to execute the negotiated assignment of the
Lease with BURA from Trico to Health Care Plan.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 99
Office Space Report
The Division of Planning Downtown Office Space Report is based
on information provided by the local Building Owners and Managers Association
(Boma). Boma collects occupancy data annually. The next report from both Boma
and the Division of Planning are tentatively scheduled for release in December
1991. A copy of the most recent Division of Planning report dated December
1990 (previously filed with the City Clerk on January 11, 1991) is attached.
The December 1990 Division of Planning report indicates that the downtown
office market has absorbed 1,670,000 square feet of office space since 1982
(the first year of office space reporting). This translates to an annual
absorption rate of approximately 196,500 square feet. Class A office space,
the most desirable classification of office space, had an annual absorption
rate of 141,000 square feet during the same period.
The Class A annual absorption rate of 141,000 square feet falls between
Best Case Demand" downtown office space estimates contained in the "Regional
the "Base Case Demand" and
Center Master Plan" dated October 1985. In the "Base Case Demand" estimate, total demand for new Class A office space is
estimated to be 2.13 to 2.62 million square feet by the year 2010, representing an increase of 85,000 to 105,000 square
feet per year. In the "Best Case Demand" estimate, total demand for new Class A office space is estimated to be 3.75 to
4.63 million square feet by the year 2010, representing an increase of 150,000 to 185,000 square feet per year.
As Tables I-III illustrate, Class A office space construction has not
exceeded the "Best Case Demand" estimate. Between 1979 and 1991, 1,831,000
square feet of Class A office space (1,592,000 sq. ft.-Class Al and 239,000 sq.
ft.-Class A2) have been constructed. This amounts to an annual Class A
construction rate of 141,000 square feet during this period. In contrast, the
annual rate of Class A construction was 118,800 square feet between 1966 and
1978 and 49,250 square feet between 1953 and 1965.
I believe that increases in downtown office space construction and
absorption reflect the diversification of the City's economic base and an
increasing emphasis on financial, insurance, government, legal and other
office-based services.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
No. 100
Economic Trends Publication- July 1991
Enclosed for your information is the July 1991 edition of Economic
Trends, Buffalo, a report prepared by the Division of Planning which is
intended to provide an economic overview of the Buffalo area.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 101
Request Information on Chain Saw Purchase
#214, C.C.P., July 23, 1991
In response to your request for information on Chain Saw Purchase:
l. Three (3) chain saws were purchased to replace Three (3) obsolete saws we
had. Old ones were given to the Parks Department for parts.
2. We cut shrubs, trees, branches on city property and limbs knocked down by
our trucks.
3. We maintain three (3) saws presently.
4. This was an authorized purchase.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 102
Transfer of Title,
Urban Homestead Program 99 Verplanck Street
Lot Size 33' x 33'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 99 Verplanck Street lot size 33' x 33' and it
has been determined that the parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Watt L. Strong & Allyne Strong, have indicated that they will clean,
improve, and maintain the lot in the event that they obtain(s) title to the
property under the Urban Homestead Program.
A letter was sent to: David Green, 89 Verplanck Street the other adjacent
property owner(s), giving them until July 22, 1991 to express interest in
obtaining 99 Verplanck Street under the Urban Homestead Program. We have
received no response(s).
We, therefore, recommend that the city-owned vacant lot be designated as
a homestead property and be transferred to Watt L. & Allyne Strong on the
condition the property is cleared and improved within six (6) months and the
property is maintained in a sanitary manner for at least thirty-six (36)
months.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, be received and filed; and
That the City-owned property commonly known as 99 Verplanck Street (33'x
331) is hereby designated as Homestead Property, and that the Mayor be, and he
hereby is, authorized to execute a deed transferring said property to Watt L. &
Allyne Strong, for the amount of ONE AND NO MORE DOLLARS ($1.00), and all costs
of transfer, on the condition the property is cleared and improved within six
(6) months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED
AYES- 13 NOES- 0.
No. 103
LIST OF CITY EMPLOYEE OR RELATIVE OF A CITY EMPLOYEE APPLYING FOR A
REHABILITATION LOAN OR SUBSIDY.
For your information, please be advised that the following is
a list of City employees or relatives of City employees who have received a
rehabilitation loan or emergency subsidy.
APPLICANT RELATED TO WHOM & WHERE EMPLOYED
Flossie Baldon Son, James Baldon is employed by
lice Department.
221 Maple Street Buffalo Po
Buffalo, NY 14204
Marsha Pijanowski Ms. Pijanowski is employed by the
29 Rohr Avenue Buffalo Board of Education as a
Buffalo, NY 14211 Teacher's Aide.
Norman & Diane Cook Mrs. Diane Cook is employed as a
122 Greeley Street cafeteria worker for the Bflo.
Buffalo, NY 14207 Board of Education. Brother-in-law,
Terry Eldridge, works in the
Sanitation Dept. Another Brother-in-
law, Joseph Milia also is employed by
the Sanitation Department.
Jane Lewis Son, Terrace Lewis is employed by
54 Yale Place the Div. of Human Resources. Sons,
Buffalo, NY 14207 William & Patrick are employed by
the Buffalo Fire Department. Son,
Michael Lewis is employed by the
Buffalo Municipal Housing Authority.
Shirley Herman Ms. Herman is employed by the
61 Baker St. Buffalo Board of Education. She is a
Buffalo, N.Y. 14207 Teacher's Aide.
Irene Breckenridge Daughter, Myrna Lewis is employed
639 E. Ferry Street by the Data Processing Dept. Her
Buffalo, NY 14211 other daughter, Katherine
Breckenridge,is employed by P.A.L.
Irene Moore Ms. Moore is employed by the Board
211 Shumway Street of Education as a Teacher's Aide.
Buffalo, NY 14212
William & Susie Walker Daughter, Louise Walker, is
533 Masten Ave. employed by the City of Buffalo as a
Buffalo, N.Y. 14209 Typist, Department not stated.
Milford & Eleanor Miller Daughter, Kathleen Miller, is
21 Boone St. employed by the Park Dept., Son,
Buffalo, N.Y. 14220 George Miller is employed also by the
Parks Dept. Positions are not stated.
Jeaflette Pritchard Ms. Pritchard was employed by
657 Northumberland Avenue the Buffalo Board of Education
Buffalo, NY 14215 as a Teacher's Aide. She is currently
laid off.
Evelyn Whitehead Pleasant Barkely, Niece, Department
954 Glenwood Avenue Division not stated.
Buffalo; NY 14211
Barbara McClain Self, Teacher's Aide, Board of
166 Davidson Street Education. Sister, Veronica Thomas,
Buffalo, NY 14215 is employed by the BMHA
Eddie Feaster Brother, Elijah Feaster, is a
429 Northampton Street Police Officer for the City of
Buffalo, New York 14208 Buffalo,
Peter & Jane Scorsone Jane Scorsone is employed by the
796 West Avenue Buffalo Board of Education as
Buffalo, NY 14213 a Food Service Worker. Nephew,
Carmen Trigilio is a Laborer for
the Buffalo Sewer Authority.
Dennis & Sarah Bracco Mother-in-law, Florence Alessi,
502 Normal Avenue is a Tax Clerk for the City of
Buffalo, NY 14213 Buffalo.
Edmund & Theresa Malcolm Edmund Malcolm, is a Bookkeeper
43 Orange Street at the Langston Hughes Center.
Buffalo, New York 14206
Roy Green Cousin, Kathy Miller, is employed
344 Baraga Street by the City Of Buffalo Parks Dept.
Buffalo, NY 14220
Alexandra Fickling Alexandra Fickling is employed
488 Stockbridge Avenue by the Board of Education as a
Buffalo, New York 14215 Teacher's Aide.
Ellen McCarley Son, Phillip Woods is a Firefighter
363 Northumberland Avenue for the City of Buffalo. Daughter,
Buffalo, NY 14215 Diane Webbs is employed as a Clerk
for the Board of Education.
Margaret Cathcart Daughter, Deborah Barkley is
119 Bissell Ave. employed Stenographer,
Buffalo, N.Y. 14211 Division/Department
not stated.
Angeline Barton Son, Robert Barton, is the Assistant
30 Ada Place Principal at Bennett High School
Buffalo, NY 14208 Board of Education.
Ronald & Devene Rodolph Ronald is employed by the Buffalo
15 Decker Street Sewer Authority Labor I.
Buffalo, NY 14215
Joseph & Victoria Piccolo Daughter, Geraldine Neff, Teacher
210 West Ferry Street at Hutch-Tech. Board of Education.
Buffalo, NY 14213
Carole Malachowski Carole is employed as a Report
458' South Ogden Street Technician for the Buffalo Police
Buffalo, NY 14206 Department.
Emily & Victor Kott Nephew, Louis Czech, is employed
521 Ontario Street by the Water Department.
Buffalo, NY 14207
Phillip Battaglia Mother, Joyce Battaglia, is a
393 Fourteenth Street Typist in the Board of Education.
Samuel & Roslyn Hawthorn Brother, Karl Hawthorn, is employed
26 Sattler Street by the Sewer Authority as a Truck
Buffalo, NY 14211 Driver. Their sister-in-law,
Karen Hawthorn is a Legal Secretary
in the Law Department.
Robert L. & Edith M. Price Edith Price is employed by the
382 Warwick Avenue Board of Education as a Teacher's
Buffalo, NY 14215 Aide.
Connie Geoghan Connie Geoghan is employed by
152 Hinman Avenue the Buffalo Board of Education
Buffalo, New York 14216 in Food Service.
Angelo Mule Angelo Mule is employed by the
915 Prospect Avenue Board of Education as a substitute
Buffalo, NY 14213 Teacher. His Niece, Joan Trippett
is also a substitute teacher.
John Granville Brother, Dan Granville, is employed
112 South Street by the City as a Building Inspector.
Buffalo, NY 14204 His Sister-in-law, Kathy Granville,
is also employed by the Inspections
Division.
Mary Lou Wagner Son, Ronald Wagner, is employed
249 Crowley Street by B.M.H.A.
Buffalo, New York 14207
Marian Brinkley Ms. Brinkley is employed by the
282 Jewett Avenue Board of Education as a Teacher's
Buffalo, New York 14214 Aide.
Robert Latona Brother, Joseph Latona is a Plasterer
127 Potomac Avenue for the Dept. of Public Works.
Buffalo, NY 14213 Brother-in-law, Angelo Provenzano,
is employed by the Water Dept.
Arlene McCarthy Ms. McCarthy is employed by the
271 Vermont Street Buffalo Police Dept. as a Crossing
Buffalo, NY 14213 Guard.
Phyllis Malachowski Buffalo Board of Education Bus
191 Ludington Avenue Aide.
Buffalo, New York 14206
Jeremiah & Mary Ann Cramer Sister, Jessie Givens, is a
35 Nevada Street Substitute Teacher for the Board
Buffalo, NY 14211 of Education.
Eugenia Przepasniak Daughter-in-law, Linda Przepasniak
790 South Division is Senior Administrator Assistant
Buffalo, NY 14210 for the City of Buffalo. Division
of Community Revitalization.
RECEIVED AND FILED.
No. 104
COMPLAINTS - 165 SUMMER ST.
ITEM NO. 80, C.C.P. 6/25/91
With reference to the above subject please be advised this property
has been surveyed, researched, investigated, and is currently in litigation.
The city attorney, Ms. Lillian Anderson has the situation well in hand and is
proceeding with the enforcement of Justice Doyle's directive and also is
concentrating on the earliest disposition Of this troublesome problem. At
present we await the decision of the Law Department.
We trust this will satisfy your inquiry.
RECEIVED AND FILED.
No. 105
DEMOLITION PROCEDURES INFO
ITEM NO. 148, C.C.P. 7/9/91
With regard to the above subject please be advised of the following
step by step procedure for the demolition of a dilapidated building:
l. Subject property is identified by the Building Inspector.
2. The demolition package is written by the Building Inspector.
3. The demolition package is submitted to the Chief Building Inspector for
review. Clerical sends complete file to the Demolition section.
4. The demolition staff removes the request for property search and delivers
this request to the property search section. The completed property search is
returned to the Demolition section. A lis pendens is filed in County Hall
records.
5. Demolition hearing is scheduled in Room 304 City Hall. All owners,
mortgagees are sent receipt requested Demolition hearing notices. A copy of
the demolition. hearing notice is posted on the building. The demolition
hearing is held in Room 304; the Chief Building Inspector weighs all the
interested parties input. He reviews the inspectors reports and reviews the
history of the building. If repairs to the structure are feasible a building
"repair" permit can be issued with the stipulation that the building be in
substantial compliance within thirty (30) days. If the Chief Building
Inspector decides demolition is necessary or the thirty day time period for
repairs is expired, then a result letter is sent to all parties.
6. All files are reviewed by an attorney from the Law Department. If all
procedures have been followed and all paper work is in order, the Assistant
Corporation Counsel approves the subject property for demolition.
7. An Asbestos Pre-Demolition survey is performed by a licensed Asbestos
inspector. The plot plan as stated in the Building Inspectors demolition
package is updated. Special situations such as unregistered vehicles and
broken sidewalks are verified.
8. Solicitation of Bids for Demolition: Formal bids require advertisement in
the local newspaper. Informal bids are solicited from a list of fourteen
separate demolition contractors. The lowest apparent bid is then reviewed. A
notice of contract award is sent to the contractor. The contractor has five
days to submit insurance to the permit office and obtain the demolition permit.
The contractor then receives a notice and order to proceed. The work is to
start within five (5) business days.
9. Inspections: The contractor has the responsibility to contact the
Building Inspector of demolition for the following inspections: Asbestos
removal, basement inspection and final inspection. The contractor calls the
building inspector for final inspection. If the work is acceptable the
contractor is sent the final payment voucher.
10. Payment: The building inspector of demolition signs the voucher stating
the work is completed. Payment vouchers are submitted to Financial Control of
Agencies or City Audit for processing. 11. Demolition Recovery: When the final
payment to the demolition contractor is made the file is given to the Mayors
Task Force. An information sheet is then filed. The owner of record is sent a
demolition recovery letter.
12. Payment Process: If the owner is cooperative a payment
plan is structured around the owners ability to make payments.
13. Lis Pendens: When the amount due on the demolition is satisfied the lis
pendens removal authorization letter is sent to the Corporation Councils
office.
In reference to your second question there are presently 69 buildings,
(Demolition files) waiting for Title Searches. 48 buildings, (Demolition
files) are awaiting review by the Law Department for bids. Demolition files
waiting for green postal receipts that the owners were notified that the city
will proceed with the demolition of the building - there are presently 24
buildings, and there are approximately 78 buildings (Demolition files) waiting
to be scheduled for Demolition Hearings.
With regard to question number 3, the time frame for the demolition of a
building varies as stated in the above step by step procedure.
As far as suggestions that can be made to speed up the demolition process, I
feel there should be a change made in the State Laws regarding Asbestos
Removal.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 106
Report of Emergency
Demolition of
1583 Jefferson Avenue
Due to the very serious and hazardous condition of the property
stated below, inspections were conducted by this department and it was
determined that immediate action was necessary due to
(l) the structural condition of the building and/or (2) the resulting
dangerous and hazardous condition which exists at this location, i.e., in
accordance with guidelines outlined in Chapter ll3 of the Ordinances of the
City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on July l,
1991. The contract was awarded to the following lowest bidder:
ADDRESS AND CONTRACTOR AND DOLLAR
OWNER AMOUNT OF BID
1583 Jefferson Mainline Contracting
City of Buffalo $12,840.00
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to this department's Capital Outlay Account #lOO-241-085-O0-900.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, dated July 31, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Mainline Contracting at a
cost of $12,840.00 relating to 1583 Jefferson, Buffalo, New York, be, and the
same hereby is confirmed, ratified and approved, with said cost to be charged
against Capital Outlay Account 100-241-085-00-900 and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefitted, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED
AYES- 13 NOES- 0.
No. 107
REQUEST TO CANCEL DEMO COSTS 46 ST. CLAIR
CCP DATED JUNE 25, 1991 ITEM NO. 93
With regard to the above subject property, please be advised a
two-story frame, main dwelling was demolished on this property for the total
cost of $2,700.00 The work was completed on November 9, 1990.
All State and city laws have been observed and followed. Proper notification
of all parties have been delivered and all proper procedures were followed with
regard to this demolition.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 108
Implementation of Deferred Compensation Plan for Eligible City Employees
Local governments are permitted by Section 457 of the Internal
Revenue Code and Section 5 of the State Finance Law to provide a Deferred
Compensation Plan for their employees. A deferred Compensation Plan permits
employees to reduce their taxable income by depositing money, before taxes are
calculated or deducted, in a savings plan. In New York, the provision of a
Deferred Compensation Plan is a permissive subject of collective bargaining.
The Police Benevolent Association (PBA) has been awarded a Deferred
Compensation Plan in interest arbitration, and Local 650, AFSCME, won Deferred
Compensation in the settlement imposed by the Common Council in 1989. At the
same time, the Common Council extended this benefit to elected and appointed
officials.
The City went through a Request-for-Proposal (RFP) process to choose a
Deferred Compensation Administrator. Fourteen proposals were received in
response to the RFP. The proposals were all reviewed by the Mayor's Insurance
Advisory Committee, and reduced to three finalists. The three finalists were
interviewed by a Deferred Compensation Committee consisting of the Commissioner
of General Services, the Director of Labor Relations, and the chairman of the
Mayor's Insurance Advisory Committee.
It was the unanimous recommendation of this Committee~& select the
Deferred Compensation Plan for Employees of the State of New York and Other
Participating Public Jurisdictions (the "State Plan") which is administered by
the Copeland Companies. A sample resolution approving the City's participation
in the "State Plan" is attached for your approval. Immediate
consideration is requested, so that this plan may be in operation by November.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 109
Request to enter into contract with NYS Division of Substance Abuse Services
for Asset Forfeiture funds
We are requesting to enter into contract with the New York State
Division of Substance Abuse Services in the amount of $42,465.00 from January
1, 1991 through December 31, 1991. These funds will be utilized in our function
012 - BMHA/ HUD program. This contract is 100% reimbursable.
MR. FAHEY moved:
That the communication from the Commissioner of Human Resources, be
received and filed; and
That the Commissioner of Human Resources be, and he hereby is, authorized
to enter into a contract with the New York State Division of Substance Abuse
Services in the amount of $42,465.00 from January 1, 1991 through December 31,
1991.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 12
NOES- RUTECKI- 1.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 110
Auction of Surplus Equipment
Parks Department
On August 27, 1991 the Department of General Services accepted
sealed bids for the disposal of surplus equipment from the City of Buffalo
Parks Department.
Enclosed are photographs of the auctioned items as well as a summary
sheet of all bids received.
Request your approval to dispose of these items to the high bidder as
indicated on the summary sheet.
MR. FAHEY moved:
That the communication from the Commissioner of General Services, be
received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to dispose of surplus equipment from the Parks Department, pursuant
to summary sheet attached to the above communication.
PASSED.
AYES- 13 NOES- 0.
FROM THE BUFFALO SEWER AUTHORITY
No. 111
STATUS OF CITY SEWER SYSTEM
Item No. 156, C.C.P. 06-25-91
In response to your request, enclosed please find a narrative
of current sewage projects which have been recently constructed, are in the
process of being constructed, or are proposed for construction in the near
future.
We trust the enclosed fully satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 112
Buffalo Sewer Authority
Work Force
#155, C.C.P. June 25, 1991
In accordance with your request of June 26, 1991 and the Common
Council Resolution of June 25, 1991, please find enclosed herewith:
(1.) Schedule of Buffalo Sewer Authority Job Classification Plan;
(2) Job descriptions of all jobs held in the Buffalo Sewer Authority;
(3) Union Agreement between Buffalo Sewer Authority and AFSCME Local 815;
(4) Union Agreement between Buffalo Sewer Authority and Communication Workers
of America, AFL-CIO complete with latest memorandum Agreement.
The Common council and all of the Councilmembers have been furnished with the
latest Operations and Maintenance Budget of the Buffalo Sewer Authority which
is in itself, self-explanatory, and, therefore, this should satisfy the request
of a written explanation of the Buffalo Sewer Authority's FY 1991-92 budget.
The request for "special benefits" is contained in the two Union Agreements.
These are also applicable to the five exempt positions.
All of the enclosed material, which is a matter of public record, is
self-explanatory and should give a complete picture of the duties and
responsibilities ties of the work force of the Buffalo Sewer Authority as well
as the expenditures and revenues generated by the Authority.
I trust that this satisfies the request of the Honorable Common Council of the
City of Buffalo.
Note: The above referred documents consist of Public Documents readily
available from the Sewer Authority, because of this and the fact that the
copies are on the front and back sides of the pages, the documents will not be
reproduced as part of the C.C.P. Or the Archives Scanning. They are available
with the original journal.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 113
RETIREMENT INCENTIVE PROGRAM
I wish to advise you that the Commissioners of the Buffalo Municipal
Housing Authority at their regular meeting held on July 3l, 1991, adopted the
New York State Retirement Incentive Program for all eligible BMHA employees.
The open enrollment period is October 3, 1991, through December 31, 1991.
There are at most 53 workers eligible to participate in this plan based upon
age and years of service. I estimate that no more than 20-25 employees would
elect to retire. If, however, 30 employees should retire, the cost to the
Authority starting in January, 1993, would be approximately $100,000. (gross
per year, for five years.
The States/City's share would be approximately $15,000. per year (not
considering our savings in premium reductions).
By initiating this program, there will be ongoing and continuing
reductions in the Authority's payment for retirement for the enrollees in the
retirement system, and furthermore, there will be other work force reductions
and savings based upon vacancy control, establishment of attrition levels and
elimination of duplicate and unnecessary functions/positions.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 114
TAKE FROM THE TABLE
LAND DISPOSITION AGREEMENT
(Com. 77, C.C.P., JULY 23, 1991)
Mr. Fahey moved that Item No. 77, C.C.P., July 23, 1991, be taken
from the table. Seconded by Mr.Franczyk
CARRIED.
No. 115
Hearing - Land Disposition Agreement
Sycamore Square Project
(Item No. 77, C.C.P. July 23, 1991)
The above item has been set for a public hearing before the Common
Council at its regularly scheduled meeting on September 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. Franczyk the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- Louis Malucci Dept. Community Development
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Franczyk
CARRIED.
MR. FAHEY moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Kenneth R. Anderhalt 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 Lawn; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That Kenneth R. Anderhalt 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 Sycamore Square
Model Home Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
(3) And Schedule "A" of the L.D.A. to be amended to include 414 Sherman
St.
PASSED.
AYES- 13 NOES- 0.
No. 116
Naming of Theater Place Pavilion - Harold Arlen
Pavilion (Item No. 201, C.C.P., July 23, 1991)
Pursuant to the above resolution, this item is properly before
the Common Council.
Mr. Fahey moved that the hearing be opened.
Appearances - In favor: Ray Bonnard Studio Arena Theater
In Opposition
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey now moved that the name of Theater Place Pavilion is hereby
changed to Harold Arlen Pavilion, and the City Clerk is directed to send
certified copies of this item, pursuant to Section 296-5 of the Ordinances of
the City of Buffalo.
PASSED.
No. 117
Council Staff
E.A.F. Walden Park Project
Attached please find a copy of the environmental assessment form
for the Walden Park Project which I have prepared for Coun
cil consideration and adoption.
Please note that I have included a report prepared for New York State by the Department of Community Development which
provides background information for this assessment. I have also included a letter from the Buffalo Sewer Authority which
documents that the project will not result in adverse effects from drainage or flooding problems.
LAID ON THE TABLE.
No. 118
Findings Reapportionment Petitions
Local Law Intro 12 (1991)
I, Charles L. Michaux III, City Clerk of the City of Buffalo,
certify that, pursuant to Section 24 of the Municipal Home Rule Law of the
State of New York, I have examined a certain petition filed in my office on the
15th day of July, 1991, which said petition purported to request a referendum
on Local Law Intro. 12 of 1991, and which said Local Law was passed by the
Common Council on the 24th day of May, 1991, signed and returned by the Mayor
on the 30th day of May, 1991, and upon such examination, I report as follows:
Number of Signatures Required 3,702
Number of Signatures on Petition 9,045
Signatures Invalidated and Reasons Therefor: 2,583
(See attached worksheets>
Recapitulation:
Total Signatures on Petition 9,045
Less Total Signatures Invalidated 2,583
Total Remaining Valid Signatures 6,462
Number of Signatures Required 3,702
As a result of the foregoing, I hereby certify that the said petition filed as
aforesaid is sufficient and does comply with all the pertinent requirements of
law.
Dated: Buffalo, N.Y. August 14, 1991
RECEIVED AND FILED
No. 119
Reply to Audit - City Clerk's Office
Attached please find the City Clerk's response to an audit of
this office conducted by the Audit Division.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 120
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-Parking Enforcement
RECEIVED AND FILED.
No. 121
Liquor License Applications
Attached hereto are communications ions from persons applying
for liquor licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
81 Abbott Rd.. CBM-Restaurant CBM Rest. , Inc.
414 E. Amherst St. A. Abbadi & H. Mossa
626 Hertel Ave. Mivic Enterprises, Inc.
1184 Main St. Tune Town Tune Town, Inc.
511 Rhode Island Images Cafe Images Cafe, Inc.
75 Rodney St. Slombone Inc.
642 Walden Ave. Kasper's Cafe J. & I. Kasprzczki
657 Walden Ave. H.Pollard Post#5 H. Pollard Post #5
RECEIVED AND FILED.
No. 122
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- D. Zuchiewski, R. McKenna, A. Klimeczko, J.Wozniak, C.McSwain
Assessment- C. Tomaszewski
Public Works-A. Jayes, A. Marzo,
Parks- J. Tudini
Police- S. Grande
Fire- C. Kane, J. Giangrosso
Corporation Counsel-H.Johnston, Paul Murak,Russell Sciandra, C.Strachan
Street Sanitation- J. Tomasulo, Robert Hunts
Human Resources- James Folan
RECEIVED AND FILED.
No. 123
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Parking
Buffalo Sewer Authority
Municipal Housing Authority
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 124
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 19, 1991 in the Department of City Clerk
to the position of Intern II, seasonal at the starting salary of $4.25/hr.
Natalie R Mikolajczak 156 Seikirk Buffalo, 14210
Monique Gunthrop 105 W. Humboldt Pkwy Buffalo, N.Y. 14214
Appointment to become effective July 22, 1991, in the Department of City Clerk
Pamela Deans 61 Montana Buffalo 14211 to the position of Intern II, seasonal at
the starting salary of $4.25/hr.
Appointment to become effective July 23, 1991, in the Department of City Clerk
to the position of Intern II, seasonal at the starting salary of $4.25/hr.
Duane R. Foote II 46 Berwyn Ave., Buffalo, NY 14215
Jaime A. Clark 61 Thornton Ave. Buffalo, 14215
Appointment to become effective July 26, 1991, in the Department of City Clerk
Damen Williams 2288 Main St., Buffalo, N.Y. 14214 to the position of Intern II,
seasonal at the starting salary of: $4.25/hr.
Appointment to become effective July 29, 1991, in the Department of City Clerk
to the position of Intern II, seasonal at the starting salary of $4.25/hr.
Christian Scrivo 500 Prospect Ave. Buffalo, New York 14201
Mattew Moriarty 119 Oakland Place Buffalo 14213
Anna Augsburger 63 Potomac Ave. Buffalo, New York 14213
Christine Royce 26 Penfeild Street Buffalo, New York 14213
Appointment to become effective 8/5/91 in the Department of City Clerk Erika
Brown 506 Linwood Buffalo 14209, to the position of Intern II, seasonal at the
starting salary of $4.25/hr
Appointment to become effective 8/6/91 in the Department of City Clerk to the
position of Intern II, seasonal at the starting salary of $4.25/hr
Raymond Appenheimer 166 Lisbon, Buffalo 14214
Russell Nicometi 89 Hoyt Buffalo, 14213
Appointment to become effective 8/15/91 in the Department of City Clerk Thomas
Appenheimer 166 Lisbon Buffalo 14214 to the position of Intern II, seasonal at
the starting salary of $4.25/hr.
Appointment to become effective 8/26/91 in the Department of City Clerk to the
position of Intern II, seasonal at the starting salary of $4.25/hr
Seana Wyman 162 Lancaster, Buffalo 14222
Eric Wyman 162 Lancaster, Buffalo 14222
Appointment to become effective 8/6/91 in the Department of City Clerk to the
position of Intern III, seasonal at the starting salary of $5.00/hr.
Karen Kubiak 152 Loring, Buffalo 14208
Lori Roeder 41 Penhurst, Buffalo 14222
Anthony Grajeda 320 West, Buffalo 14201
Kelly Dargavel 58 Broast Buffalo 14220
Appointment to become effective 8/12/91 in the Department of City Clerk to the
position of Intern III, seasonal at the starting salary of $5.00/hr.
Robert Floyd 222 Loring, Buffalo, 14214
Claude Hill 11 Winslow, Buffalo, 14208
Eddie Negron 235 Hudson, Buffalo, 14201
Appointment to become effective 8/26/91 in the Department of City Clerk Froso
Colomvakos 50 Barry Buffalo, 14213 to the position of Intern III, seasonal at
the starting salary of $5.00/hr
No. 125
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 AUDIT AND CONTROL
Appointment to become effective 7/23/91 in the Department of Audit
and Control, Division of Real Estate to the position of Laborer, Seasonal at
the starting salary of $5.98/hr.
Lawrence Meyers 53 St. James, Buffalo 14222
Rashad Grant 1069 Ellicott, Buffalo 14209.
Appointment to become effective 7/24/91 in the Department of Audit and Control,
Division of Real Estate, Jody Briandi 615 Parkside, Buffalo, 14216 to the
position of Laborer I, seasonal at the starting salary of $5.98/hr.
Appointment to become effective 7/25/91 in the Department of Audit and Control,
Division of Real Estate David Fieramusca 347 Parkside Buffalo, 14214 to the
position of Laborer I, seasonal at the starting salary of $5.98/hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective 8/5/91 in the Department of Public
Works, Division of Water Mary Frances Fay 11 Pawnee, Buffalo 14210 to the
position of Clerk, seasonal at the starting salary of $5.00/hr.
Appointment to become effective 8/5/91 in the Department of Public Works,
Division of Water to the position of Account Clerk, Temporary at the starting
salary of $5.25/hr.
Sarah Misuraca 47 Knox Buffalo, 14207
Geraldine Serwon 97 Domedion Buffalo, 14211.
Appointment to become effective 7/22/91 in the Department of Public Works,
Division of Water Regina Mullen Camelot Court Apt. 8B, Buffalo, 14214, to the
position of Water Service Adjuster, Provisional at the starting salary of
$20,508.
Appointment to become effective 8/12/91 in the Department of Public Works,
Division of Water, Steven Stepniak 316 Longneck, Buffalo, 14206, to the
position of Dispatcher, provisional, at the starting salary of $20,518.
FROM THE DEPARTMENT OF PARKS
Appointment to become effective 7/25/91 in the Department of Parks,
Division of Recreation Robert Cabrera 441 Ontario, Buffalo 14207, to the
position of Lifeguard, seasonal at the starting salary of $5.00/hr.
Appointment to become effective 7/26/91 in the Department of Parks, Maureen
Callahan 606 McKinley Buffalo 14220, to the position of Supervising Lifeguard,
seasonal at the starting salary of $5.75/hr.
Appointment to become effective 7/26/91 in the Department of Parks Patrick
McCarthy 376 McKinley Buffalo, 14220 to the position of Laborer II, seasonal at
the starting salary of $6.65/hr.
Appointment to become effective 7/31/91 in the Department of Parks Joseph
Miranda 142 Cantwell Buffalo 14220 to the position of Laborer II, seasonal at
the starting salary of $6.65/hr.
Appointment to become effective 8/8/91 in the Department of Parks Kevin Sexton
131 Colvin Buffalo, 14210 to the position of Laborer II, seasonal at the
starting salary of $6.65/hr.
Appointment to become effective 8/9/91 in the Department of Parks David Lee 54
Admiral Buffalo, 14216, to the position of Laborer II, seasonal at the starting
salary of $6.65/hr.
Appointment to become effective 8/16/91 in the Department of Parks Tammy
Parsons 80 Crystal Buffalo 14220 to the position of Laborer II, seasonal at the
starting salary of $6.65/hr.
Appointment to become effective 8/16/91 in the Department of Parks Thomas
Zakrzewski 38 California Buffalo 14213 to the position of Laborer II, seasonal
at the starting salary of $6.65/hr.
FROM THE DEPARTMENT OF FIRE
Appointment to become effective 8/19/91 in the Department of Fire
Joanne Woods 215 Stockbridge Buffalo 14215 to the position of Assistant Fire
Alarm Dispatcher, Permanent at the starting salary of $33,593.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective 7/22/91 in the Department of Streets
to the position of Laborer II, seasonal at the starting salary of $6.65/hr.
Matthew Cybulski 88 Schiller, Buffalo 14206
Anthony Geraci 21 Standish Buffalo 14216
Brian Wells 110 Whitfield Buffalo 14220
Appointment to become effective 8/19/91 in the Department of Streets to the
position of Laborer II, seasonal at the starting salary of $6.65/hr.
Lawrence Boruszewski 447 South Ogden, Buffalo 14206
Thomas Cieszynski 104 Ashley, Buffalo 14212
Appointment to become effective 8/26/91 in the Department of Streets to the
position of Laborer II, seasonal at the starting salary of $6.65/hr.
Michael Edwards 51 Alsace Buffalo 14220
John Randolph 191 Mackinaw Buffalo 14204
Appointment to become effective 8/27/91 in the Department of Streets to the
position of Laborer II, seasonal at the starting salary of $6.65/hr.
Charles McGregor 244 Vermont Buffalo 14213
Michael Scanlon 201 Cumberland Buffalo 14220
Vincent Vanderlip 69 Seminole Buffalo, 14210
Appointment to become effective 8/28/91 in the Department of Streets to the
position of Laborer II, seasonal at the starting salary of $6.65/hr.
Vincent Hornberger 320 Downing, Buffalo 14220
Patrick Kelly 9 Courtland Buffalo 14215
Paul Tytka 7 Dorris Buffalo 14215
FROM THE DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION
Appointment to become effective 8/6/91 in the Department of Inspections
& Community Revitalization Patrick McDonald 22 Payson Buffalo 14220 to the
position of Building Inspector, Provisional at the starting salary of $25,195.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment to become effective 7/24/91 in the Department of Administration
& Finance Division of Parking Enforcement to the position of Clerk , Seasonal
at the starting salary of $5.00/hr.
Diane Feskun 767 McKinley , Buffalo 14220
Theresa Szymanski 103 Goodyear, Buffalo 14212
Appointment to become effective 8/12/91 in the Department of Administration &
Finance, Division of Parking Enforcement Lisa Capell 1536 Delaware Buffalo
14209 to the position of Teller, Seasonal at the starting salary of $5.25/hr.
Appointment to become effective 8/17/91 in the Department of Administration &
Finance , Division of Parking Enforcement Tod Kniazuk 173 Sobieski Buffalo
14212 to the position of Laborer I, Seasonal at the starting salary of
$5.98/hr.
Appointment to become effective 7/22/91 in the Department of Administration &
Finance Division of Parking Enforcement to the position of Parking Enforcement
Officer, Permanent at the starting salary of $17,635.
Peter Gospodarski II 26 Edgewood, Buffalo 14220
Alfred Marino 114 Virgil, Buffalo 14216
Appointment to become effective 8/26/91 in the Department of Administration &
Finance Division of Parking Enforcement John Gannon 410 Ashland Buffalo 14222
to the position of Supervising Hearing Examiner, Exempt at the starting salary
of $30,351.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment to become effective 7/17/91 in the Department of General
Service Division of Inventory & Stores Michael Bycina 241 Fenton, Buffalo 14206
to the position of Laborer I, seasonal at the starting salary of $5.98/hr.
Appointment to become effective 8/31/91 in the Department of General Service
Division of inventory & Stores Michael McCool 4 Sidway Buffalo 14210 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 8/5/91 in the Department of City
Clerk Arthur Tillman, Jr. 585 Goodyear, Buffalo 14211 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. 126
AFRICAN AMERICAN BUSINESS ASSOCIATION
Minority Participation in Contracts
The Membership of the African American Business Association has
recently voted to sponsor the enclosed Economic Opportunity Policy for Minority
and Woman businesses in the City of Buffalo, New York.
Where as the opportunity has been denied and limited to most MBE/WBE firms to
fully participate in business opportunities in the City of Buffalo, New' York.
It is now necessary to enact a policy to insure full participation in the
outlined areas.
Recent documented studies by the Department of Housing and Urban Development,,
University of Buffalo, NAACP and others show a bleak forecast for economic
opportunities for MBE/WBE firms in the City of Buffalo, New York.
Therefore, it has become essential that the enclosed policy be implemented to
insure participation in a publicly funded projects in the City of Buffalo.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT
No. 127
CALUMET ARTS CAFE
RESERVE PARKING SPACE ON CHIPPEWA ST.
As per our conversation I am writing to youth request permission
to reserve two parking spaces in front of my restaurant on Chippewa Street. The
two spaces would be approximately 60' long and would be on the southeast corner
of Chippewa and Franklin. I would like to reserve these spaces for use on
Friday and Saturday evenings from 5-1 AM. I would place a sign in an
appropriate place during these hours.
Thank you very much for your help and consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 128
HAROLD COLE
Objects to Charges for Waterline Repair 130 Monroe St.
As chairman of the finance committee, I am requesting that You
review a matter which I feel represents an inappropriate charge to a water bill
on a property located at 130 Monroe Street. The owner of record is John L.
Cole, who resides in the City of Atlanta, Georgia, and he has requested that I,
Harold cole, pursue this matter in his behalf.
Specifically, on February 14, 1991, the Department of Public works dug up
and located a service leak that was located approximately three to four feet
from the curb in the street. They determined that the leak was the
responsibility of the homeowner and the hole was filled in and a flasher placed
at the site. For this service a bill of $902.70 was added to the water bill.
While I do not question the fact that some expense should be borne by the
homeowner (preferably in the form of property taxes), I feel that this
assessment for excavating approximately thirty-six cubic feet of dirt to be
excessive. I was never aware of the fact that the City charges a fee to do
diagnostic work on water lines. But what is, even more disturbing than the fee
is the fact that the crew filled in the hole without repairing the line. Even
at the inflated prices which the city is charging, I am sure that if they would
have continued the work and repaired the line the cost would not have equaled
the $1,700.00 that was charged by a contractor to repair the line.
My other concern is the fact that the bill from the city states that the
work took six hours when the tenant stated that the crew spent much less time
there. Also, on March 2, 1991, at 12:15 PM, I went to 130 Monroe Street and
the contractor had dug the hole, made the repair to the line and had been
waiting for at least one hour for the City inspector before the hole could be
back-filled. Surprisingly, all of this was done in such a short period of time
with a crew of three people.
After reviewing all of the charges the only fee that I feel is reasonable
would be for the flashers. However, the bill is for five when only one was
placed on the site. Also, the street was never blacktopped by the city.
As a taxpayer, it is my personal feeling that there are certain
functions, as they relate to the provision of services, that should remain the
responsibility of a municipally. This is especially true in the case where
service lines begin to deteriorate. An additional factor that I feel is
contributing to the failure of lines is that the new construction going on in
the area is placing an increased demand on the water supply which more than
likely has required an increase in the water pressure. This may be one of the
main reason for the breaks in the service lines.
I have enclosed a copy of the bill from the Department of Public Works
and a copy of the receipt for the repairs. I would appreciate your review of
this matter and the waiving of the charges assessed by the city, if possible.
Thank you in advance for your time and consideration in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 129
BOARD OF ELECTIONS
Info-Reapportionment Petitions
As you are aware, Municipal Home Rule Law Section 24 provides
that a local law relating to apportionment shall not take effect until at least
45 days after its adoption. However, if within 45 days after its adoption
there is filed with the Clerk a petition protesting against such local law, the
law shall not take effect until approved by the electors of the local
government.
It is our understanding that a petition purporting to challenge the local
law adopted regarding the apportionment of City Councilmanic Districts has been
filed with the City Clerk. Although, the Board of Elections has not reviewed
the petition, and is in no position to make any determination regarding
objections to the petition, it is the general policy under the Election Law
(6-154) that the Board of Elections at this stage must presume that the
petition is valid.
Therefore, it is inappropriate for the Erie County Board of Elections to
take any action to change the current makeup of Councilmanic Districts in the
City of Buffalo to comply with the local law adopted this year by the Buffalo
Common Council unless or until the City Clerk or the Courts rule that the
petition is invalid.
For your information, August 8, 1991, is the last day for determination
by the County Board of Elections as to candidates designated for nomination for
public office to appear on absentee ballots for the primary election pursuant
to Election Law Section 7- 122. In light of this time frame it is the
intention of the Erie County Board of Elections, unless advised prior to August
8, as to the invalidity of the petition purportedly calling for a referendum on
the apportionment law, to conduct the 1991 Elections for the City of Buffalo
Councilmanic Offices under the currently existing lines and not the new lines
adopted by the Buffalo Common Council this year.
If you have any questions regarding this position please feel free to
contact us.
RECEIVED AND FILED.
No. 130
J. FEHR
Complaints-Crawdaddy's Restaurant
I am sorry that you could not make the meeting on August 28, 1991
with waterfront residents. Crawdaddy's management and Deputy Police
Commissioner Paricci. Your comments in the Buffalo News on August 30, 1991
were right on target however. When informed of your comments the attendees
from Gull Landing declined to comment because, as usual. you reflect the
feelings of those whom you represent.
Perhaps capsule summary of Wednesday 's meeting is in order:
At our last meeting on August 2, 1991, we all agreed that Crawdaddy's
management was to get back to us by no later than August 16th regarding earlier
closing hours for the patio bar. That did riot happen until August 28th. As
several attendees pointed out summer is over, you re giving up nothing.
The meeting time was changed the day prior by Crawdaddy's management from 10 am
to 10:30 am. Mr. Gaughan invited the Deputy Commissioner and Mrs.Ortiz-Fehr
invited Mrs. Patricia Fitzgerald from Marine Drive Apartments as added guests.
Mr.Gaughan arrived at 10:45 and informed all of us that he needed to make a
five minute phone call to the management and begged our indulgence. He and Mr.
Roslin returned at 11: 15 to start the meeting.
Mr. Gaughan started by stating; "We need to come to some reasonable agreement
on hours and live music. I have advised the owners that the residents have
many tools at their disposal. The owners are hard nosed businessmen. I
advised them that it is terribly important to alter the operation of the
outside bar. All agreements apply to the balance of the reason. We will
voluntarily ban all outside music. We will close the bar at midnight on Sunday
through Wednesday and 2 am on Thursday through Saturday. The owner cannot
accept any earlier closing he looked at the books. If the patio closed there
will be no restaurant." Mrs. Ortiz-Fahr stated that the restaurant was
successful before the patio bar and that there were lines to get into the
indoor bar in midwinter on Thursday and Friday nights for as long as she could
remember. I said you can! t be doing any restaurant business on Thursday and
Friday nights because all parking spaces from your restaurant to Lakefront
't walk a half -mile to go to eat. Mrs.
Blvd. are taken up by bar patrons and people wouldn
Ortiz -Fehr pointed out that 'management has chosen to make Crawdaddy' s a bar not a respectable restaurant and by opening
up the patio bar chosen to make Crawdaddy's a three month business.
I said; 'The proposal was totally unacceptable, summer was over. We' ll deal
with the mayor, the Common Council, the State Liquor Authority and the Director
of Licenses. We were compromising before e because you promised us that you
would get back to us first by July 23 to Councilman Pitts and then when that
passed by your were to get back to this body by no later than August 16th. Now
summer is over, Labor Day weekend is traditionally slow and we are in no rush.
Your promises mean nothing close the bar.
Mr. Matthews, when asked by Mr. Gaughan, said it looks like there cannot be a
compromise. At that point, 11:30, Messrs.. Matthews and Fornasiero had to
leave for business reasons.
Mr. Gaughan stated that the owners had a business to run and were very
reluctant to change any hours of operation. They have gone over the books and
said that they need the patio bar to generate a high volume.
Mr. Roslin said. when asked, that he didn't get back to Mr. Pitts as promised
by July 2nd with a proposal to close the outdoor bar earlier because the owners
didn t want to close any earlier.
Mr. Caughan then presented offer number two; How about Sunday through Wednesday
at 11 PM, Thursday at 1 am and Friday and Saturday at 2 am'" I said no. Mr.
Roslin then asked what our proposal was. I said 7 PM. he laughed. I said it
was every bit as reasonable as your 2 am offer. I also stated that noise prior
to 11 PM was a serious problem. I informed Mr. Roslin that several of our
residents do not come out on their patio in the evening because of the bar
noise and keep their doors and window closed. I said I was embarrassed to have
company over and could not stand to be out on the patio myself for any extended
period on many an evening.
Mr. Gaughan then presented Crawdaddy s final offer on Sunday to Wednesday
closing at 11 PM. , Thursday at midnight, and Friday and Saturday at 1 am. I
spoke for a few minutes about the unhappiness of our residents when the Sunday,
- August 16th band played at an all time loud level after I promised them that
it would be at a low level as promised by management. As a result I would have
to go hack to our Board of Managers, of which I am Vice-President, to obtain
our position. I said that my own feeling was that the offer was still
unacceptable. People in our building go to bed by 11 PM on weekends as well as
weekdays and that "911" would be called to report people awakened if they were
in fact awakened by noise from the patio after 11 PM. I said we! Il meet but
my advice was for management to initiate the earlier closing hours immediately.
Mrs. Fitzgerald said that many people in Marine Drive have to keep their
windows closed and we all need to do something about that.
Mrs. Ortiz-Fehr stated that the chants, especially the obscene ones were
't
extremely objectionable and repeated one of them. Mr. Roslin said that wasn
true. Mrs. Gullen said, "Oh yes it is. I have it on tape."
Mr. Gullen the President of the Gull Landing Condominium Association wrapped up
the meeting by saying "The only solution is to close the bar, period. You cant
keep TOO people quiet. And, we! re not going away.
The meeting concluded at about 12:30 PM.
Sources advise me that I am being accused of being the only one complaining by
management of Crawdaddy' s. I certainly am not as "911" logs will attest. I
have, however, been designated by the Board of Managers of Gull Landing as
their representative and have attached a letter to that effect. As you know,
my alleged accusers asked for a representative and evidently are using that
ploy in an effort to discredit me. Because of that I have also attached a
petition signed by many residents of Gull Landing specifically regarding the
official complaint to the Police Commissioner. Others have expressed an
interest to sign it as well but I haven! t seen them yet with the petition in
hand.
The August 30th article in the News portrayed Crawdaddy's as off ering to close
the bar at the hours finally reached as a gesture of good faith. They did that
after heated discussion, several warnings by City officials and at the end of
summer. Crawdaddy's is owned by Specialty Restaurants of Anaheim, California.
The owners reside in Newport Beach, California and with the Buffalo restaurant
own another 59 restaurants nationwide. Their concern for our welfare in
Buffalo appears to be minuscule.
You should also be aware that we at Gull Landing resent having to call "911" to
report noise problems. We feel guilty in doing that because the police have
many more urgent requirements placed on them. They should be able to answer
those calls and not have to be concerned with nuisances created by a bar being
run irresponsibly.
Last evening, Crawdaddy's had everyone coming in sign a petition to preserve
the patio bar and told them it was because of the neighbors "over there." I am
sure that we will suffer additional
abuse from the patrons as a result of this finger pointing. Is this their
idea of cooperation?
Your proposal to enclose it or close it seems to be the only remaining
alternative after two solid summers of suffering by the residents of our
building. The remaining part of the patio also needs to abide by the sidewalk
cafe hours of closing. In addition, the Class 4 Dance License which still
allows Crawdaddy's to have outdoor music should be either revoked or modified
to exclude any outdoor live music or loud piped in music. The Buffalo Police
Department has advised us that they cannot enforce Common Council Proceedings
and therefore we need to have the conditions for operation in the form of
ordinances, regulations or laws.
As you know the patio bar, which is our only source of problems with
Crawdaddy's has changed the waterfront into a three ring circus with a carnival
atmosphere. It is not adding life to the waterfront, rather, it is lowering
property values, lessening the quality of life of your constituents and adding
an unneeded burden to our already strapped Police Department.
Your help in bringing this problem to a proper solution is requested. Our many
thanks for your understanding and tremendous amount of help in the past is
extended. You have offered us a great deal of comfort and have done your best
to represent the needs of the residents as we]] as the business interests of
Crawdaddy's
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 131
DAVID FRANCZYK
Specific Objections to Referendum
Petitions-Reapportionment
Please consider this letter specific objections to the petitions
filed with your office requesting a referendum vote in 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 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 petition
filed by James W. Pitts, residing at 98 Johnson Park, Buffalo NY 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 on matters not specified within Section 24 of the Municipal Home rule Law
of the State of New York and on the specific requirements of Section 24 of the
Municipal Home Rule e Law.
It is hereby specified as grounds for said objections that:
1) The above specified petition was not filed In a timely manner .Election
Law sections 6-144 and 3-214 set forth business hours and filing requirements
which maintain that the proper filing time was between the hours of 9am and 5pm
on the last day to file. The above specified petitions were filed at 11:39
PM, which are not normal business hours.
2) The form of the above specified petition is invalid as a matter of law.
Section 24 of the Municipal Home Rule Law states that the form of the petition
is to be in the manner of independent nominating petitions which is provided
for in Section 6-140 of the Election Law. The wording of the form is not
similar to the wording specifically set out in Section 6-140. In addition,
there is no committee for the petitioners provided for in the above stated
petition.
3) The form of the cover sheet of the above specified petition is invalid as
a matter of law. Election Law sections 6-143 and 6-138 set forth the rules for
binding and producing cover sheets for independent nominating petitions.
Paragraph two of section 6-143 requires that a cover sheet contain the total
number of pages in the petition, in addition to other information. Neither of
the cover sheets of the two volumes of the above specified petition state the
total number of pages contained in the petition.
4) The above specified petition does not contain an adequate description of
the local law to be put to referendum, which could cause confusion and
misinformation among voters. Therefore the petition is invalid as a matter of
law.
5) The above specified petition does not comply with the requirements of
section 24 of the Municipal Home Rule Law which state that the petition must
protest against a local law. The petition is vague and ambiguous and states no
protests to the local law at issue. It is conceivable that a voter might sign
the petition thinking that the petition is either for or against the local law
at issue. There is no provision for a referendum in support of a local law.
Therefore the petition is invalid as a matter of law.
RECEIVED AND FILED
No. 132
PAUL HENNIGAN
Comments on Waterfront Commission
Let me begin this address to the Horizons Waterfront Commission
with some praise for the principle of access to the waterfront and for its
"good heart" in following a path of cooperation' to continue a plan that
appeals to the quality of life of the people it is meant to serve. Erie Basin
Marina has indeed become a cornerstone upon which a promising structure can be
built. It works. People enjoy it. Though interaction with the natural
environs is still limited, it is much more than we had before. Your plan at
this stage also offers much more hope than existed before. l am taking the
time to write my concerns in an effort to alleviate possible obstacles to the
hope and promise your work represents.
Planning is a process that attempts to manage a particular series of
change. In this case, the waterfront will remain precisely "the waterfront,"
but its attributes will change. The Commission and the public want the
waterfront to enhance living well, contribute to a good life, and add to our
happiness. Before anything is produced on the waterfront, this understanding
should be introduced into a philosophical planning statement. Ideally, that
philosophical statement would have preceded the goals and objectives put forth
already.
Like DNA that is encoded to handle changes in an organism, the
philosophical statement would direct us as the project evolves and values
change. l urge the Commission to ponder this carefully. Such a statement will
help maintain a clear direction should goals and objectives conflict with
changing values and technologies. I have viewed the existing material and find
it good in its values in terms of respect for Goodness and Beauty, but I fear
it is lacking in Truth. These three values elicit respect; if one is missing we
fall short of the mark. The "Truth" of the waterfront goes beyond
topographical and recreational factors, and takes into account a variety of
socioeconomic and political factors. For your consideration:
1. Transportation
Quite simply, many inner-city residents do not have cars to get to the
waterfront. Under the current plan, there is no mass transit to effectively
help with transportation accommodations. The poor of the socio-economic class
will be further disenfranchised because the plan is "auto-centric" -- those
without autos are unable to much enjoy the waterfront amenities. Because the
project is so far spread north to south, those away from the radius of the
cultural center of Buffalo will be less likely to visit the city. They will
have their own redeveloped waterfront right at their doorstep, without having
to contend with a commute, inner-city parking problems or lack of mass
transportation. If mass transportation were extended along the project,
inner-city residents would have access to a wider range of amenities, and those
in the southtowns area could enjoy further amenities within the City of
Buffalo, including Pilot Field, Memorial Aud, Service & Navalmans' Park,
Buffalo Marina, and the Theater District.
2. Cost-Overrides
There is reason for concern about cost overrides as pertains to liability
insurance. The cost of insurance is bulging so greatly that municipalities
have great difficulty meeting these costs. Many are going into this decade
self-insured, often leaving themselves underinsured in today's litigious
society. Who is going to bear the cost of insuring these high-risk ventures at
the water's edge? It's my understanding that Shooters Restaurant is backed up
with lawsuits over liability issues. This atmosphere may well result in closed
beaches, ramps and piers unless a solution to its inevitable arrival is found
in the planning stage.
3. Weather Factors
Buffalo's, at times, ferocious winter weather has continuously damaged
Hoover Beach and miles of shoreline businesses. At times it has driven ice to
heights of 30 feet. Many experts have been confounded at Lake Erie reaching
levels they expected 00 years from now -- but were instead reached a year after
their projects were completed on the downtown waterfront. Wind-driven water
has lopped off the tops of piers, and flooded South Buffalo's First Ward. These
are not uncommon occurrences, and it does not take uncommon common sense to
realize that nature will abide by no good intentions of man.
A simple geographical knowledge of Buffalo's topography, national
meteorological patterns, and hydrologic cycles should dictate a much different
approach. A seasonal resort framework will not integrate with the natural
processes that lie in the beast of winter. Saratoga's approach is more designed
toward the back end of the beast, ignoring the front that can turn in a moment.
The very same weather systems that created blizzards, sank ships and
damaged homes and businesses over the years still exist. No one will promenade
in January along the lake shore in weather that has closed roadways, caused
death and injury, and paralyzed an entire city.
We should not pretend we are in Fort Lauderdale. Instead, we should
adhere to the "form follows function" principal. Buffalo's grain elevators and
steel plant structures have endured the constantly changing factors of
temperature, wind and water through many winters and the vagaries of fall and
spring. Why not construct an enclosed winter area with a parklike setting,
indoor horticulture and a panoramic view of frozen Lake Erie. A Buffalo Winter
Garden is certainly a reasonable goal. Why not work ice skating, ice fishing
and cross-country skiing into this plan with as much consideration and care as
biking and boating? Let us combine common sense and planning and put them to
use with physical structures that go beyond limited seasonal use.
4. Plan Item Concerns
a. What of the long-term health and environmental safety of residents who
locate at the City Beach area, next to a toxic dump capped now by a parking
lot. The South outer harbor plate shows residential and commercial building
over the top of this toxic waste dump. In addition, the City Beach is not a
beach at all, but a large swimming pool. The water it uses will have to be
filtered and pumped constantly during the summer. What will the costs be to
the City of Buffalo?
b. On the illustrative development plans, a wind-surfer launching area
adjacent to the City Beach area is shown. It is difficult to understand how a
few surf-boarders are entitled to a launching area equivalent in size to the
City Beach area, which is meant to serve the entire population of Buffalo. A
graver concern is that this spot is at the doorstep of commercial shipping
lanes. It is in direct conflict with the south gap of the inner harbor with
the rest of Lake Erie, and intensifies conflicts with marine traffic of all
kinds. Sailboating, powerboating and <commercial traffic will most assuredly
congest this area. Special interest groups such as windsurfers add color,
vitality, and a certain pressure to the planning process. Their concerns and
interests deserve to be acknowledged, but it's OK sometimes to say "No" or to
compromise. A safer, more appropriate place for windsurfers would be south of
Buffalo, in open waters, most likely near Rt. 5 in Hamburg near the proposed
walkway.
5. Solutions Beyond the Solutions
In managing change, "next generation" solutions have consequences beyond
the scope of the immediate solutions. The solution after the solution must be
kept in mind. Saratoga has presented many physical changes, both cosmetic and
infrastructure, which will influence this regional society as a whole. Our
activities are interdependent and the consequences of program action are
shared.
As appealing as the waterfront plan is, it is redevelopment, and
redevelopment is an unnatural process. When activated, social dislocation and
stresses will inevitably follow. The most timely example would be the events
that unfolded after the bombing of Iraq.
The problems with redevelopment, in its early stages and its residual
consequences, cannot and should not be left out of the planners' statement.
The City of Buffalo has a large poor working class, and a very strong
inner-city core of poor black and Hispanic populations. The wealthy have their
own incentives apart from them. Where does the Horizons Commission address the
unplanned consequences that will most assuredly surface? Some social
engineering will be necessary as part of the planning process. Again, l refer
to the issue of the disenfranchised poor. These are the people least likely to
interact with the waterfront through expensive vehicles such as boats, cars or
surfboards. If the current plan is adopted, an explanation will be demanded
later on from the disenfranchised who have right to access, but who do not have
adequate representation to ensure these rights at this time.
Reclaimed areas that are preferential land to the wealthy, either for
commercial or for residential use, soon become a base for a strong coalition of
neighbors that tend to want control of their environment at the exclusion of
others less fortunate. When the goals, incentives or agendas clash, the less
fortunate are usually too late to begin asserting their rights on their own
behalf. This often occurs in the inadvertent slip-ups in the planning stage
where remedies are left out for this coalition phenomenon.
6. Safety
I have perused the minutes of several meetings and find strong concerns
about safety. But, these concerns do not appear to be addressed by Saratoga
Associates in their waterfront design. False assumptions about safety can lead
people to put themselves in vulnerable positions. Tifft Farm had its rapist,
nature trails their rapists and killers, parks have their gangs and punks that
rob and harass, and waterfront areas have their sexually misguided.
We cannot "plan-out" crime entirely, but neither should we accept it as a
natural part of the ecosystem. A realistic structure for security is
essential. It is apparent that police will be needed. Some areas can be
monitored through privately-contracted firms, or by camera.
7. NFTA
There also remains the question of how to deal with quasi-governmental
agencies such as the NFTA. These agencies, through politics, patronage and
accessible power, have spun off the playing table.
They become self-serving to the point that the will of the people is
often overlooked. Keeping or adding to their power and interests is of the
first order. They become depositories where powerful politicians can seat
their power, jobs and personal agendas for change outside the usual channels
subject to public review. It seems only the press has any effect and that only
when it becomes so blatant that it borders on criminal activity in the use of
public monies and jobs. How will these quasi-governmental agencies be made to
return to the playing table within the confines of public review and act
accordingly? This concern is of no small matter to the Horizons Waterfront
Commission. Mass transit, developing lands they have authority over, and the
projected trade-offs and behind-the-scenes politics must be accounted for in
the planning process.
8. Governor's Task Force
The authority issue leads me to another agency, the Governor's Task Force
on Coastal Resources. Until August of 1991,1 knew nothing of its existence,
though evidently it had been created more than a year ago, in May 1996. What
other overlapping agencies exist or may be created that can unlock power in the
political arena, and, possibly, change the best-laid plans of mice, and men,
and the Horizons Waterfront Commission? Does the Horizons Waterfront
Commission have an inter-agency liaison that will keep the commissions apprised
of each other's direction so that the moves are in sync? Can this same officer
deal with the NFTA, the Corp of Engineers, New York State Thruway Authority,
etc.?
9. Volunteerism, or Lack Thereof
The Committees l have witnessed seem to be devoid of volunteers from any
of the several colleges and universities in the Erie County area. There are
architects, planning and sociology majors galore that would revel in an
opportunity to assist the Horizons Waterfront Commission and earn credits for
their majors. I have mentioned this repeatedly and still do not understand the
reluctance to involve the talents and ideas of some of the area's best and
brightest minds. It is my sincere hope that those seated on these committees
are there because of appropriate education and training, and not merely as a
result of elitist posturing.
10. Geraldine Kozolowski
May l last but not least suggest that you place your executive secretary's name
in any future printed plans or objectives. l have had no prior acquaintance
with Geraldine Kozolowski before this Commission, but I submitted her to
questions for 30 minutes one day and found her to be professional,
knowledgeable and understanding. She adds to the integrity of the Commission
and should be included in the roster of individuals working on the Horizons
Waterfront Commission.
Thank you for your time in reviewing these concerns, and best wishes for every
success in the waterfront plan.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 133
D. JASON
Cancel Grass Cutting Charge
116 Glenwood Avenue
147 Glenwood Avenue
I am a registered voter in the Masten district and an owner of
two vacant lots located on Glenwood Avenue, at 116 and 147 respectively.
I returned from vacation to find two bills for charges for cutting the
grass on these two lots. These lots were cut on June l, 3 and again on June
10th. Specifically, by my brothers, my brother-in-law and myself. They were
not in need of cutting at the time the city says they came through. I am
convinced, that my property may have been included in adjacent lots, one of
which I know was grossly overgrown and had a Real Estate/For Sale sign on it
that was barely visible, a lot, which I believe was eventually cut by the city.
(next to 116).
I am requesting a waiver of these charges which were unduly assessed for
6/13/91. I work very hard to insure the proper care of these two parcels. I
am enclosing the actual assessments of which I will retain copies. Any action
that you can take to waive these charges would be greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
COMMISSIONER OF STREETS.
No. 134
New York State Department of Environmental Conservation
PVS Chemical Release Info
Commissioner Thomas Jorling has asked that I respond to Resolution No.
224 of the Common Council, City of Buffalo, dated July 23, 1991. This
resolution relates to a sulfur dioxide release by PUS Chemicals, Inc. and other
air pollution concerns in the Seneca-Babcock neighborhood. My Regional Air
Staff has been investigating this incident, and we will be taking enforcement
action requiring the firm to take measures to prevent a recurrence of this
incident, to install a reliable in-stack continuous emission monitor, and
consider the imposition of a penalty for not having better operating procedures
in place that could have avoided excessive emissions of 502.
With regard to your request for a written report detailing the potential
health effects and symptoms of toxic air emissions in the neighborhood, a
response on this matter should come from the New York State Department of
Health (DOH). I have copied them with this correspondence to alert them of
your concern.
Regarding the efforts made to reduce toxic emissions in the area, at the
present time the two firms mentioned in the resolution (PUS Chemicals, Inc. and
Buffalo Color Corporation) are operating in compliance with their permits and
New York State's air pollution regulations. This statement is made with the
understanding that the air pollution episode discussed above was a one-time
occurrence and not the norm for operations. However, recently revised New York
State guidelines for the control of toxic ambient air contaminants, will
initiate a reevaluation of these firms within the next few months.
Additionally, the air toxics section of the Federal 1990 Clean Air Act
Amendments is expected to produce substantial reductions in toxic emissions
starting in 1995. It is probable that these two new regulations will result in
a further reduction in ambient loading.
Pertaining to the request that we establish an air monitoring system for
the Seneca-Babcock neighborhood, we currently are monitoring sulfur dioxide at
our Buffalo Continuous Air Monitoring Station, located on Dingens Street,
approximately l 1/4 mile east-northeast of the neighborhood. We also
maintained a continuous 502 monitor at Public School 33 on Elk Street from 1983
to 1987. A review of data from these two sites gave no indications of any
excessive 502 emission incidences, and both short-term and annual $02 data from
these sites were well within State and Federal standards. Consequently, we
believe that our earlier statement that the air quality in the neighborhood is
meeting state standards is well supported. We must now move to obtain greater
assurances that the existing firms do not offer discrete pollution episodes via
equipment failure or employee error. Our preference for increased oversight is
for an in-stack continuous emission monitor, with capability to transmit data
electronically on telephone lines to a DEC computer. Data receipt can then be
accomplished on demand directly by our office. This system, coupled with the
mandated pollution abatement changes, should diminish any opportunity for
violations.
Regarding air monitoring of other toxic air contaminants, I have been
advised by the NYSDEC Bureau of Toxic Air Sampling that ambient air monitoring
is not feasible at this time because of the number of components involved,
extremely low concentrations expected, and the technical problems associated
with sample analysis currently available. It is essential for DEC (or the firm
required to perform air monitoring) that the data generated be both accurate
and reproducible for the contaminants of concern. With the exception of S02 we
currently do not have methodology to provide this assurance.
If the Council desires any further information concerning this matter,
please contact the Chief of my Air Pollution Section, Mr. Stanley Gubner. He
may be reached at 716/847-4565.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
No. 135
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
TONAWANDA CORRIDOR FEASIBILITY STUDY
In the interest of keeping the Common Council apprised of
NFTA's transit planning activities, please find attached copies of the
Tonawandas Corridor Railbus Feasibility Study draft report, Comparison of
Alternatives Including Financial and Feasibility Analysis and the Amherst
Corridor Economic Development/Value Capture Study Draft Final Report. A NFTA
press release discussing the consultants' draft conclusions and recommendations
is also attached, along with a notice of NFTA's public information meetings
scheduled in September for both studies.
Any questions or comments can be directed to me or David
J. Franko, NFTA's General Manager of Planning. Thank you.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
No. 136
POLICE REORGANIZATION COMMISSION
"
SUB COMMITTEE "C
REPORT
"C" of the Police
Attached please find the report of Sub Committee
Reorganization Commission. The sub committee reviewed Chapter V - Support Services and Chapter VI - Special Issues. This
report is intended to provide a framework for more detailed discussion by the full commission.
Recommendations to agree or disagree with the IACP proposals are the
result of a collective effort between the original Sub Committee C members and
some members of the other standing sub committees.
REFERRED TO THE POLICE REORGANIZATION COMMISSION
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- ARTHUR- 1.
No. 137
PVS CHEMICALS, INC.
Info on Chemical Spill
In response to Buffalo Common Council resolution # 224 by Messrs.
Fahey and Bakos, PVS Chemicals has been requested to provide " a full
accounting of why equipment failed, why the faulty process was not shut down,
what steps are being taken to prevent such incidents in the future, and what
restitution they are willing to make to the neighborhood".
I. Full Accounting
On June 25th, 10 days prior to the incident date, PVS Chemicals shut down
one half of its process to facilitate a major overhaul. This major overhaul
involved replacement of catalyst and equipment to improve conversion efficiency
and reduce plant emissions ($02). This major undertaking was communicated to
the New York State Department of Environmental Conservation. These major
repairs and catalyst replacements were successfully completed on the evening of
July 18th.
It is most ironic that during a major plant overhaul, intended to reduce
emissions, an upset would occur that resulted in an environmental incident.
During the early morning hours of Friday, July 5th, the 11:30 PM to 7:30
AM Sulfuric Plant Operator allowed inlet temperatures to the first conversion
unit to drop below normal. This temperature is recorded on a strip chart
monitor and is also available on a digital readout.
This temperature can vary and the operator's responsibility is to monitor
and adjust, as necessary, to maintain a proper temperature range. The 3rd
shift operator stated that he had a normal shift and was unaware of any
problems. He was relieved at 7:30 AM by the 1st shift (7;30am-3:30pm) operator
and reported no unusual operating information to his relief. The day shift
operator stated that he recognized the below normal A pass inlet temperature
and took steps to bring the temperature back up. However, the operator did not
understand the significance of the low temperature; that excess 502 could be
emitted, and was relying on the 502 monitor which showed no increase. The
operator did not make any other PVS Chemicals personnel aware of the low
temperatures.
The corrective steps taken by the day operator subsequently brought
operating temperatures back to normal. However, there was a period of time
when excess sulfur dioxide could have been released even though the sulfur
dioxide monitor showed no major changes.
On Monday, July 8th, PVS was notified by NYSDEC personnel that there were
complaints received on Friday night and Saturday morning by residents of the
neighborhood. PVS immediately scrutinized operating documents for Friday night
and Saturday morning and found nothing in these time frames to be unusual or a
cause to believe that PVS was responsible for the evening and morning
complaints.
On Tuesday evening, July 9th, a PVS sulfuric operator, returning from a
scheduled break (4 days), scrolled back operating recording charts to discover
the low temperatures that occurred on the morning of July 5th. This new
information was submitted to the NYSDEC on Wednesday, July 10th.
To answer the question of why the plant was not shut down during the
release, I hope, I have shown that the operator: 1)was unaware of the
seriousness of the problem, 2) was relying on the S02 monitor, and 3) did not
notify anyone that there was a problem.
II. Prevention
PVS Chemicals has initiated positive steps in an effort to insure that an
incident such as this does not recur. These steps include:
1) Retraining of all sulfuric plant operators.
Responsibility: Mr. Paul Weaver
Timeframe: Sept. 20, 1991
2) Reassignment Of 1 operator to a different position. Complete
3) Total inspection, troubleshooting and PM of $02 analyzer by manufacturing
service technicians.
Complete
4) Enhance routine calibration of $02 monitor from twice a week to 5 times a
week
In progress
5) Insure high side reliability by periodic testing of $02 monitor with high
% S02 span gas.
Responsibility: Mr. Joe Flannery
Time Frame: by 8/30
6) Purchase and install computerized sulfuric plant data acquisition and
control system to include additional monitoring and alarms.
Responsibility: Mr. Charles Carbery
Timeframe: 12 Week Delivery. Operational by November 14, 1991
7) Contracted with Battelle Laboratories to perform a complete plant process
and safety survey with recommendations to improve our process.
Responsibility: Mr. William Decker
Timeframe: Initiate Audit in September 1991
III. Restitution
PVS Chemicals has had the opportunity to subsequently meet with the
$Seneca/Babcock Committee, explain the incident, review our process and tour
our facility. We have received a list of residents who have experienced some
form of defoliation or who are concerned about their vegetables. Mr. Robert
Bieler , of PVS, is meeting these residents to inspect any damage and
coordinate repairs or replacements. Two local boys, from the neighborhood,
will be employed by PVS to assist in these efforts.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 138
RCB
Developments
ABAND0NMENT 0F P0RTI0N 0F ASBURY ALLEY N0RTH SIDE OF CHlIPPEWA STREET
The Honorable Common Council is requested to consider the discontinuation
of use and abandonment of a 177.40 foot length of Asbury Alley which is located
directly behind and parallel to the property 432-448 Pearl Street which RCB
Developments (US), Inc. has been redesignated developer by The Buffalo Urban
Renewal Agency on June 27, 1991.
Enclosed is a copy of a current survey showing the portion of the alley under
request for abandonment.
The purpose of our request is to utilize that portion of the alley adjacent and
contiguous to 432-448 Pearl Street to satisfy off-street parking requirements
for our proposed residential development. The additional width and length of
the alley is vita and necessary to facilitate ad to achieve our development.
Thank You very much for considering our request for the abandonment of Asbury
Alley. RCB Developments (US),Inc. is available to answer any questions you may
have relating to our request.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
No. 139
A. THOMPSON
Cancel Grass Cutting Charge
25 Laurel St.
They are trying to charge me with cutting the grass at 25 Laurel
Street. ($53.00)
[ called the Street Sanitation Department and they told me that they last
cut the lot on August 28, 1989.
[ bought the lot at a county auction in June of 1990, and it was deeded
to me in July of 1990.
The Assessment Office told me the only way they can remove the charge
from my tax is for the Councilmember from my district to remove it.
PI ease have mercy on me and my pocket book.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
COMMISSIONER OF STREET SANITATION
No. 140
TONAWANDA POLICE UNDERWATER SQUAD
Oppose Retiring of Fire Boat
My name is William A. Davis. I am the Director of the Tonawanda
Police Underwater Squad. I have been a member of this group since 1970, and I
have been its director for 5 years.
I have worked with the LARC 5, which is the same basic boat as the City
of Buffalo is proposing to buy. This type of apparatus, in my opinion, could
in no way replace the Fire Boat Cotter.
The fire potential on the waterfront of the Tonawandas is great. In the
event of any large fire or oil tanker fire, we would not be able to handle it
in 'a proper manner without the Cotter.
We have a mutual aid agreement with the City of Buffalo through ALERT.
The potential for disaster in Tonawanda and North Tonawanda is awesome. That
is why we all depend on the Fire Boat. If the City wishes the services of an
amphibious vehicle, according to the ALERT agreement signed by the City, they
can call us at any time.
Ice breaking capacities for a boat with an aluminum hull would be
impossible. Even if the bow was reinforced, the hull is only 3/16 aluminum.
It would have to be completely replaced with steel. We don't put our vehicle
in the water when there is ice in the river.
The LARC has a great dive platform, but it is not a great work platform
for working at large fires. There is no way that sufficient pumps can be put
into a LARC to compare with a fire boat. In a textbook situation, the LARC is
safe for small fires, but in practice, it won't work for large fires.
We have tested the LARC and the safest way to operate the LARC is while
wearing a wet suit because of the high potential for falling off. We feel it
would be dangerous for firefighters to operate it with bulky turn out gear.
Eventually, I feel you'd have to buy a ship like the Cotter. The
amphibious crafts are not designed to replace fire tugs like the Cotter.
RECEIVED AND FILED.
No. 141
Union Occupational Health Center
Reference is made to the City of Buffalo Department of Fire RFP
for Occupational Health Physicals dated July 3, 1991.
Upon review of said RFP and our organization's response thereto -- it
appears that the lack of specifics has lead to an unfair situation, which bears
your review and further discussion prior to any approval by the Common Council.
Please accept this letter as a formal protest and request to reconsider
the stated RFP and bids received by your Department.
In my opinion, your RFP failed to establish a clear and level playing
field for all interested parties. This is why in my cover letter, dated July
18, 1991, I emphasized that we would be pleased to furnish more information or
respond to any questions or concerns you may have.
I urgently await your response to this request and will be available to
attend any and all meetings regarding this matter. I am delivering this letter
to your office with a certified copy to follow.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF FIRE
No. 142
MRS. VERA WILCOX
Grass cutting Assessment
599 & 601 S. Division
Last year you helped me solve my problem with the Sanitation Department.
I hope you can do so again.
I own two empty lots 599 S. Division and 601 South Division. I have been
maintaining these lots, cutting the grass, etc. but the Department
of Assessment keeps sending me bill for same. I went through this same thing
last year. I have the grass cut every year about the same time, as you can see
by the enclosed bill.
This year I called the Sanitation Department 2 weeks before I had the
grass cut. I spoke to Mrs. Joan Mazur. I told her I was having the grass cut
in a few weeks and please not let the city do it again without: consulting me
first. She assured me that the city will not do it again.
I just received two bills from the department of Assessment. What do I
have to do to stop them from sending me bills for something I have already paid
for. I don't want to have to go through this every year.
Please help me solve this problem once and for all. Enclosed are the bills. I
hope I don't receive any more.
Thank you for your patience.
P.S. I just checked my lots this morning (8-l4) and the City is being billed
for grass cutting that was not done. The grass had grown since June and is
still the same. Now I'm being billed for something that wasn't even done in
the first place by the city. I was going to have my contractor go over the lot
again, after the private contractor filled in the holes they dug.
Something is really wrong. Help me solve this problem again once and for
all.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
COMMISSIONER OF STREET SANITATION
PETITIONS
No. 143
General Mills Inc., owner, petition to use 6 City Ship Canal for offices,flour
packing and warehouse.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 144
Tops Markets, Inc., owner, petition to use 345 Amherst St. for a Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 145
Daniel Sauer, owner, Steven Nichols, agent, to use 1965 Seneca
St. for a take-out restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 146
Ron Cauley, owner, petition to use 1859 Hertel Avenue for a sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 147
Super Saver, owner, petition to use 1482 Broadway for a pole
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 148
Ganco, Inc., owner, petition to use 1 City Ship Canal for boat
storage.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 149
Barbara Shaw & Others -Oppose Family Support Community Facility at School 185.
REFERRED TO THE COMMITTEE ON LEGlSLATlON
No. 150
Essie Allen and Others- Oppose Laundry Operation on Northampton St.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
PUBLIC WORKS AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION,
NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE CORPORATION COUNSEL.
No. 151
Hamlin Park Community & Taxpayers Assn.-Request Stop Signs
on Daisy St. and Pansy Place.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF PUBLIC WORKS
No. 152
Mary Overton and Others request Paving of Elmer Street.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC
WORKS
RESOLUTIONS
No. 153
By: Mr. Collins
Transfer of Funds
Appropriation Allotments -
Enterprise Fund - Parking
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$500 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Department of Parking and said sum is hereby
reappropriated as set forth below:
From:
440 Enterprise Fund - Parking
41-0 Department of Parking
021 - Administrative Service
Purchase of Services
583 - Unclassified $500
To:
440 Enterprise Fund - Parking
41-0 Department of Parking
085 - Capital Outlay
983 - Office Equipment & Furnishings
Typewriter $500
REFERRED TO THE COMMITTEE ON FINANCE.
No. 154
By:Mr. Collins
Transfer of Funds Appropriation Allotments -Capital Projects Fund
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
$1,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Capital Projects Fund Division of Budget &
Management 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 $1.000
To:
200 Capital Projects Fund
71-7 Division of Development
523 - Acquire Land - Gus Franczyk Park $1.000
REFERRED TO THE COMMlTTEE ON FINANCE
No. 155
By:Mr. Collins
Transfer of Funds Appropriation Allotments -Capital Projects Fund
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
$45,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Capital Projects Fund Division of Budget &
Management 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 $45.000
To:
200 Capital Projects Fund
71-7 Division of Development
522 - Plans & Specs - Various Projects $45.000
REFERRED TO THE COMMITTEE ON FINANCE
No. 156
BY:MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF ENGINEERING
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the comptroller submitted to the Common Council, the sum of
$35,285 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $35.285
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $35.285
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $35.285
TO:
200 Capital Projects Fund
40-1 - Division of Engineering
095 - Paving of Various Streets $35.285
REFERRED TO THE COMMITTEE ON FINANCE
No. 157
BY: MR. COLLINS:
CERTIORARI PROCEEDING
FISCAL YEARS 1987-88, 1988-89,
1989-90, 1990-91 and 1991-92
644-648 MICHIGAN AVE.
WHEREAS, Warner Jewelry Case Co., the owner of 644-648 Michigan
Avenue, Buffalo New York, instituted a certiorari proceeding on said premises,
regarding the assessment for the fiscal years 1987-88 (taxable status date
December l, 1986), 1988-89 (taxable status date December 1, 1987); 1989-90
(taxable status date December 1, 1988); 1990-91 (taxable status date December
1, 1989); and 1991-92 (taxable status date December 1, 1990); and
WHEREAS, the assessment was reviewed by the Department of Assessment for
the City, and the owner expressed a willingness to settle this proceeding; and
WHEREAS, the final assessment for 1987-88, 1988-89, 1989-90; 1990-91 and
1991-92 is as follows:
YEAR LAND IMPROVEMENTS TOTAL
1987-88 $45,000 $155,000 $200,000
1988-89 $45,000 $105,000 $150,000
1989-90 $45,000 $105,000 $150,000
1990-91 $45,000 $105,000 $150,000
1991-92 $45,000 $105,000 $150,000
WHEREAS, the owner is agreeable to settle, whereby the assessment for
1987-88 will be reduced by $80,000 from $200,000 to $120,000; the assessment
for 1988-89 will be reduced by $30,000 from $150,000 to $120,000; the
assessments for 1989-90, 1990-91 and 1991-92 will remain unchanged at $150,000;
and
WHEREAS, a trial of the proceedings would not result in higher
assessment; and
WHEREAS, the proposed settlement is subject to the approval of Your
Honorable Body; and
WHEREAS, the Commissioner of Assessment has recommended this settlement
in which the Law Department concurs;
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel be, and he hereby is authorized and directed
to settle these proceedings, whereby the assessment for 1987-88 will be reduced
by $80,000 from $200,000 to $120,000; the assessment for 1988-89 will be
reduced by $30,000 from $150,000 to $120,000; and the assessments for 1989-90,
1990-91 and 1991-92 will remain unchanged at $150,000.
REFERRED TO THE COMMITTEE ON FINANCE
No. 158
By MR. COLLINS
RE: CERTIORARI PROCEEDING
FISCAL YEAR 1990-91
852 & 864 KENSINGTON
WHEREAS, Lewis D. McCauley, the owner of 864 Kensington Avenue,
and L.D. McCauley, Inc., the owner of 852 Kensington Avenue, Buffalo New York,
instituted certiorari proceedings on said premises regarding the assessments
for fiscal year 1990-91 (taxable status date December l, 1989); and
WHEREAS, the assessments were reviewed by the Department of Assessment
for the City, and the owner expressed a willingness to settle these
proceedings; and
WHEREAS, the final assessments for 1990-91 are as follows:
ADDRESS LAND IMPROVEMENTS TOTAL
864 Kensington Ave. $ 39,600 $ 381,440 $ 421,040
852 Kensington Ave. $ 24,500 $ 173,100 $ 197,600
WHEREAS, the owner is agreeable to settle, whereby the assessment for 864
Kensington Avenue for 1990-91 would be reduced by $84,160 to $336,880 and the
assessment for 852 Kensington would remain unchanged at $197,600; and
WHEREAS, a trial of the proceedings would not result in higher
assessment; and
WHEREAS, the proposed settlement is subject to the approval of Your
Honorable Body; and
WHEREAS, the Commissioner of Assessment has recommended this settlement
in which the Law Department concurs;
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel be, and he hereby is authorized and directed
to settle these proceedings; whereby the assessment for 1990-91 for 864
Kensington Avenue will be reduced by $84,160 from $421,040 to $336,880 and the
1990-91 assessment for 852 Kensington Avenue will remain unchanged at $197,600.
REFERRED TO THE COMMlTTEE ON FINANCE
No. 159
BY:MR. COLLINS:
BOND RESOLUTION
$950,000 SERIAL BONDS
THE CONSTRUCTION OF WATER AND SEWER LINES AND
STREETS IN THE WALDEN PARK HOUSING PROJECT'
ACCOUNT 200-717-031
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $950,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE CONSTRUCTION OF WATER AND SEWER LINES AND STREETS IN
THE WALDEN PARK HOUSING
PROJECT, AT THE ESTIMATED MAXIMUM COST OF $950,000
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HERE RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Nine Hundred Fifty Thousand Dollars ($950,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
or the Consolidated Laws of the State of New York (the "Law"); to finance the
cost of improvements to the Walden Park Housing Project consisting of (a) the
construction of water lines at the estimated maximum cost of $180,000, (b) the
construction of sewer system additions at the estimated maximum cost of
$300,000, a d (c) the construction of streets, including the installation at
sidewalk lights at the estimated maximum cost of $470,000. The estimated
maximum tot l cost of said specific objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the Financing thereof, is Nine Hundred Fifty
llars ($950,000) as set forth in the duly adopted Capital Improvement Budget of said City for fiscal year
Thousand do
1991-92.
Section 2 The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Walden Park
Housing Infrastructure 1991-92," Bond Authorization Account No. 200-717-031,
and shall be used for the purposes specified in Section 1 of this resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the costs of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the $180,000 serial
bond &authorized by Section l (a) of this resolution are to be issued, within
the imitations or Section 11.00 (a) 1, of the Local Finance Law, is forty (40)
years.
(b) The period of probable usefulness applicable to the $300,000 serial
bonds authorized by Section 1(b) of this resolution are to he issued, within
the limitations of Section 11.00 (a) in. of the Local Finance Law, is forty
((40)) years.
(c) The period of probable usefulness applicable to the $470,000 serial
bon 5 authorized by Section 1 (a) of this resolution are to be issued, within
the limitations of Section 11.00 (a) 20. of the Local Finance Law, is fifteen
(1 ) years.
Pursuant to Section 11.00(a) 91. of the Local Finance Law, the period 0f
probable usefulness applicable to the three objects or purposes cited
hereinabove in Section 1, for which the $950,000 bonds authorized by this
resolution are to be issued, is fifteen (Is) years.
(e) Current funds are not required by the Law to be provided as a dawn
payment prior or to the issuance of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation thereof in accordance with
Section 10 .00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52100 of the Local Finance Law. Said bonds' and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
Interest by a general tax upon all the taxable real property within said city
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation on by said City for the payment of interest on and for the
amounts required for the amortization and redemption of said bonds and said
notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provision of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an act
on, suit or proceeding contesting such validity, is commenced within twenty day
after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced
SEPT. 3, 1991
LAID ON THE TABLE
No. 160
BY:Mr. Collins
Cost of Handicapped Curb Ramps
WHEREAS: The City of Buffalo has an increasing number of handicapped
and elderly residents; and
WHEREAS: Unless a Capital Improvement Project has been undertaken in the
last few years, crosswalks on most of Buffalo's major thoroughfares are still
not handicapped accessible; and
WHEREAS: Many of the streets in the Masten District fall into this category;
and
WHEREAS: It is in the interest of public safety that access ramps are built
l into certain crosswalks of the Masten District.
NOW, THEREFORE BE IT RESOLVED:
That the Department of Public Works determine the cost of constructing
handicapped accessible crosswalks on the following streets; Humboldt Parkway,
Jefferson Avenue, Utica Street, Riley Street, Fillmore Avenue, Wohlers Avenue,
Roehrer Avenue, E. Del avan Avenue, North l and Avenue; and
BE IT FURTHER RESOLVED:
That the Department of Public Works file the cost estimate with this Common
Council by 2:00 PM. September 6, 1991.
ADOPTED.
No. 161
BY:MR. COLLINS
ATTICA MEMORIAL DAYS
WHEREAS: An uprising took place at the Attica Correctional Facility
twenty years ago on September 9-13, 1971; and
WHEREAS: The uprising ended in the bloodiest one-day encounter between
Americans since the Civil War, resulting in the deaths of 43 prison inmates and
guards; and
WHEREAS: The dramatic and compelling nature of those events aroused
worldwide attention and concern; and
WHEREAS: Many members of the Buffalo community were directly affected by
those tragic events; NOW, THEREFORE BE IT RESOLVED: That September 9-13, 1971,
be declared Attica Memorial Days in Buffalo, to be set aside as days of public
reflection in memory of all those who lost their lives at Attica on September
13, 1971.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS,
RUTECKI- 10
NOES- BAKOS, FAHEY, HIGGINS- 3.
No. 162
BY:MR. COLLINS
Local law requiring twenty-five percent minority participation
in city contracts
WHEREAS: The City of Buffalo awards hundreds of contracts every
year to various contractors; and
WHEREAS: These contractors are under no city mandate to hire a work force
that is a reflection of the fabric of Buffalo; and
WHEREAS: It is in the best interest of all the citizens of Buffalo if all
bid forms mandate proof of twenty-five percent minority work force.
NOW, THEREFORE, BE IT RESOLVED:
That the Corporation Counsel draft a local law that would mandate twenty-five
percent minority participation on all contracts let by the City of Buffalo; and
BE IT FURTHER RESOLVED:
That this local law be filed with the City Clerk by 2:00 PM on Thursday,
September 12, 1991.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- BAKOS, FAHEY- 2.
No. 163
BY:MR. COPPOLA
DISCHARGE ITEM FROM
COMMITTEE ON LEGISLATION
No. 176 May 28, Reappoint members of the Buffalo Sewer Authority
WHEREAS: The above item is presently before the Committee on Legislation;
and
WHEREAS: It is no longer necessary for this item to be considered by that
Committee.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council does hereby discharge the Committee on Legislation from
further consideration of the above item, and said item is now before the
Council.
CARRIED.
Mr. Fahey moved that the above appointments be and the same hereby are
confirmed; seconded by Mrs. LoTempio
Mr. Coppola now moved as an amendment to receive and file the above item;
seconded by Mr.. Pitts.
AYES- COLLINS, COPPOLA, PITTS- 3.
NOES- AMOS, ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
Mr.Fahey now moved his original motion to approve the above item; seconded Mrs.
LoTempio.
ADOPTED
AYES- AMOS, ARTHUR, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10
NOES- COLLINS, COPPOLA, PITTS- 3.
No. 164
BY:MR. COPPOLA
REQUEST CANCELLATION OF
SIDEWALK ASSESSMENT FOR
49 PARKSIDE AVENUE
WHEREAS: On February 5, 1991, the Common Council approved Finance
Committee item number 122, Corn. 28, Jan. 8, Monthly Local Assessment -
Sidewalk Repair; and
WHEREAS: Included in this item was an assessment in the amount of $138.25
for replacing 50 feet of sidewalk in front of 49 Parkside Avenue; and
WHEREAS: This item should never have appeared on the assessment list as the
sidewalk damage was cause by a tree located on City property, which was removed
several years prior to the replacement of the sidewalk last fall.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Assessment cancel the
sidewalk assessment in the amount of $138.25 for 49 Parkside Avenue.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 165
BY: MR. COPPOLA
REQUEST STATUS ON NORTH
BUFFALO SEWERS
WHEREAS: On July 6 and August 10, 1991, many basements in North
Buffalo were flooded due to heavy rains; and
WHEREAS: Because of the flooding, a power outage occurred on Hertel Avenue
causing sump pumps in businesses and homes, alike, to shut down; and
WHEREAS: The situation in North Buffalo has become desperate with residents
becoming extremely irritated because the Buffalo Sewer Authority has increased
the rates again and residents believe they are not receiving proper service;
and
WHEREAS: Other areas in the City of Buffalo did not experience flooded
basements.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests a status report from the Buffalo Sewer Authority
regarding the North Buffalo sewer project to alleviate a condition which has
existed for over thirty years.
ADOPTED
No. 166
BY:MR. COPPOLA
REQUEST EXPLANATION FROM
BSA REGARDING SEWER WORK
PERFORMED AT BENNETT
BEACH
WHEREAS: On July 1, the Buffalo Sewer Authority began installation
of a 576-foot sanitary sewer line from the beach house at Bennett Beach to the
county sewer line; and
WHEREAS: There were several violations that could result in daily fines of
up to $5,000 against the City of Buffalo; and
WHEREAS: According to Erie County sewer district regulations, the new sewer
line was installed improperly and the City failed to obtain the proper permits;
and
WHEREAS: While the BSA was performing sewer work at Bennett Beach, which is
located in the Town of Evans, North Buffalo residents were experiencing another
episode of flooded basements caused by a storm on July 6.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Buffalo Sewer Authority explain by what
authority it installed a new sewer line in the Town of Evans when North Buffalo
basements continue to flood during heavy rain storms.
ADOPTED.
No. 167
BY:MR. COPPOLA
SUPPORT INTEREST-FREE
LOANS FROM FEDERAL
GOVERNMENT
WHEREAS: Sovereignty is a nonpartisan, not-for-profit organization
founded in 1990 for the purposes of reducing the high and ever escalating
income and property taxes, and to fund the necessary and legitimate needs of
our communities such as bridges, roads, water, sewer, and waste disposal
systems, environmental problems, education, housing, and health care; and
WHEREAS: A massive amount of wasted in the form of interest payments made on
federal, state, and local government debt has been identified, with the cost
per person for interest on just the federal debt being $1,140 per year; and
WHEREAS: Sovereignty proposes that tax-supported bodies be able to borrow
money interest-free directly from the US Treasury for capital projects and for
paying off existing debt; and
WHEREAS: The Treasury Department would get this money not from the federal
budget, but rather Congress would create the money for this proposal as
authorized in the US Constitution, Article 1, Section 8, Clause 5, just like
banks and the Federal Reserve do every day; and
WHEREAS: The Comptroller of the City of Buffalo must from time to time issue
bonds to finance capital projects that are necessary to ensure the health and
welfare of the citizens of the City; and
WHEREAS: The Common Council recognizes the fact that the cost of interest
for bonds issued to fund capital projects is a great burden on the taxpayers of
Buffalo; and
WHEREAS: Sovereignty has proposed the following advisory petition: "To
promote the general welfare: we, the people, petition Congress to make
interest-free loans of United States Treasury money to tax supported bodies for
voter-approved capital projects."
NOW THEREFORE BE IT RESOLVED THAT
This Common Council expresses its support for the advisory petition which
requests that the United States Congress instruct the Treasury Department to
create and issue interest-free loans to tax supported bodies for the purpose of
funding capital projects and for paying off existing debts.
E IT FURTHER RESOLVED THAT
The City Clerk forward certified copies of this resolution to the Western New
York Congressional delegation.
ADOPTED.
No. 168
BY:MR. COPPOLA
OPPOSE ACCESS FOR
OVERSIZED VEHICLES ON
DELAWARE AVENUE
WHEREAS: The New York State Department of Transportation is entertaining
a proposal to allow access for oversized vehicles, such as auto transporters,
tandem trailers, and other special dimension vehicles, on Delaware Avenue; and
WHEREAS: Recent changes in federal regulations allowing oversized vehicles
on designated highway systems would impact negatively on Delaware Avenue in the
City of Buffalo; and
WHEREAS: Not only would oversized vehicles cause damage to our city streets,
but serious accidents would increase because some sections of Delaware are too
narrow for oversized vehicles; and
WHEREAS: One serious accident happened on July 31, 1991 on Delaware near
Forest Avenue involving a large truck which lost control damaging two other
vehicles, the fence at Forest Lawn Cemetery, and the front porch at 1554
Delaware Avenue; and
WHEREAS: If the State of New York grants permission for trucks to use
Delaware Avenue as an access route, there will be a negative impact on the
adjacent neighborhoods between the 1-290 and Nottingham Terrace.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council is opposed to the State of New York designating Delaware
Avenue for access by oversized vehicles between the 1-290 and Nottingham
Terrace.
BE IT FURTHER RESOLVED THAT
The City Clerk send certified copies of this resolution to the Western New York
legislative delegation.
ADOPTED.
No. 169
BY:MR. FAHEY
ORDINANCE AMENDMENT
CHAPTER 307-11 - PARKING & PARKING LOTS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 307-11 of Chapter 307 of the Code of the City of Buffalo be
amended by adding a new subsection C as follows:
8307-11 C
C. STATE surcharge. In accordance with Chapter 166 of the New York State
Laws of 1991, a $5 surcharge is added to the fine of each parking violation
summons. Collection and forwarding to the State of surcharge monies shall be in
accordance with the instructions and regulations of the New York State
Department of Motor Vehicles and the office of the State Comptroller.
APPROVED AS TO FORM
NOTE: Matter in [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
No. 170
BY:MR. FAHEY
REQUEST HEARING RE 300 NORTHAMPTON
WHEREAS, Since July 1991, the business at 298-300 Northampton
has been operating as a laundry; and
WHEREAS, The residents of the neighborhood surrounding this business have
been subject to unpleasant odors, excessive noise, and the constant flow of
tractor trailer trucks; and
WHEREAS, In addition, there has been a discharge of particles of lint which
have formed "white carpets" throughout the neighborhood; and
WHEREAS, The Northampton Street Block Club has filed a petition with the
Common Council asking that this laundry operate in a manner that
complies with all regulations and takes the health and well-being of
neighborhood residents into consideration.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that a hearing be held to discuss this
situation at the next stated Legislation Committee meeting; and
BE IT FURTHER RESOLVED:
That this Honorable Body requests that representatives of the
Department of Inspection and Community Renewal, Department
of Public Works,Police Department, Erie County Health Department,
Buffalo Institutional Rental Services and the Northampton Street Block Club
be invited to attend this meeting.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE ZONING BOARD
AND NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
No. 171
BY:MR. FAHEY
SPEED ON BUFFALO WATERWAYS
WHEREAS, During the past several months there has been increasing
concern regarding the speed of vehicles on Buffalo waterways; and
WHEREAS, A number of boaters have been involved in accidents or near
accidents due to excessive speed; and
WHEREAS, The speed of vehicles is regulated under Section 45 of the New
York State Navigation Law and this section also allows for local and
federal ordinances to regulate speed; and
WHEREAS, Currently, the speed limit is set at 5 miles per hour within 100
feet of any dock, shore, pier or anchored vehicle; and
WHEREAS, section 46 (A) of the New York State Navigation Law indicates
that the City may adopt regulations relating to speed.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that the City of Buffalo Law Department
and the Erie County Sheriff's Department report to this Council on how to
improve the regulation of the speed of vehicles on Buffalo's Waterways; and
BE IT FURTHER RESOLVED
That this Honorable Body requests that copies of this resolution be sent to
Erie County Sheriff Thomas Higgins, the Horizons Waterfront Commission, Friends
of the Buffalo River, North District Waterfront Review Committee, Muskies
Niagara, Southtown Walleye Association, New York State Walleye Association, the
Erie County Federation of Sportsmen and the Western New York Delegation to the
State Legislature.
ADOPTED
No. 172
BY:Mr. Fahey
Assign Urban Cultural Parks Grant to Buffalo Place Inc.
Whereas, the New York State Office of Parks, Recreation and Historic
Preservation Urban Cultural Parks Program provides financial assistance to New
York State designated Urban Cultural Parks (UCP) communities; and
Whereas, UCP Local Assistance grants are available for interpretive and
promotional programs in local UCPS; and
Whereas, the City of Buffalo, as part of its UCP Management Plan
previously approved by the Common Council, identified the Theatre District as
the general location of the City's UCP; and
Whereas, the Common Council, on October 16, 1990, accepted a UCP Local
Assistance grant totalling $8,750 for the purpose of creating and producing a
brochure highlighting the cultural and historic features of the Theatre
District; and
Whereas, Buffalo Place Inc. is front-ending the State's share of the
project cost, and is coordinating production of the brochure; and
Whereas, the executed Project Agreement between the State and City
specifies that the City shall develop and execute a letter of agreement with
Buffalo Place Inc. stipulating that the project will be completed in accordance
with the terms and conditions set forth in the Project Agreement.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo that:
The Mayor be, and he hereby is, authorized to execute an agreement
assigning the Theatre District Brochure Project Agreement and grant proceeds to
Buffalo Place Inc.
The Comptroller and City Treasurer be, and hereby are, directed to
transfer UCP Grant proceeds to Buffalo Place Inc. to pay project expenses
pursuant to the Project Agreement.
The Mayor is authorized to execute all documents necessary to effectuate
the transfer of grant proceeds.
PASSED
AYES- 13 NOES- 0.
No. 173
BY:MR. FAHEY
INVESTIGATION OF THE REMOVAL OF
INGRAM MICRO D, INC. FROM THE
CITY OF BUFFALO TO THE TOWN OF AMHERST
WHEREAS: The Amherst Town Board over the objections of the Town
Supervisor, and 360 town residents, voted to rezone land of a new tax abated
headquarters center of Ingram Micro D, Inc.; and
WHEREAS: Ingram Micro D, Inc. is currently located at 2128 Elmwood Ave. in
the City of Buffalo; and
WHEREAS: Ingram Micro D has stated that they plan to expand to 369 employees
in 1992; and
WHEREAS: The Executive Director of the Amherst IDA James J. Allen says that
there is the potential for 800 additional jobs in the future; and
WHEREAS: The move of this firm from Buffalo to Amherst will result in the
loss of 247 present jobs, and the potential loss of upwards of 1,000 jobs from
the City of Buffalo; and
WHEREAS: All property owners in Erie County, including those in Buffalo will
be required to subsidize, through tax abatements, the relocation of this firm;
and
WHEREAS: The move of this firm to Amherst will cause economic harm to this
city; and
WHEREAS: The piracy of this firm by the Amherst Industrial Agency is a
violation of Section 862 of the New York State General Municipal law entitled
"Restrictions on Funds of the Agency", which prohibits the pirating of industry
by one New York municipality from another.
THEREFORE BE IT RESOLVED THAT: The Buffalo Colon Council requests that the
Corporation Counsel, the New York State Attorney General office, and the Erie
County Industrial Development Agency be requested to investigate this incident
and report their findings to the Common Council.
BE IT FURTHER RESOLVED THAT: Copies of this resolution be mailed to all members
of the Western New York State Legislative delegation
REFERRED TO THE COMMITTEE ON FINANCE.
No. 174
BY:MR. FAHEY and MR. AMOS
DEDICATION OF PARKLAND MINNESOTA LINEAR PARK
WHEREAS: On July 3, 1990, this
Common Council approved a resolution
designating Minnesota Linear
Park
as
dedicated
parkland; and
WHEREAS: The description of the property dedicated as parkland included the
land from Nicholson Street to Heath Street roughly parallel to the former Erie
Lackawanna Railroad tracks; and
WHEREAS: The area commonly called Minnesota Linear Park also includes the
land extending from Heath Street to the LaSalle Transit Station Parking lot
along the former Erie Lackawanna Railroad tracks; and
WHEREAS: The description approved at the July 3, 1990 Common Council meeting
should be amended to include the area from Heath Street to the LaSalle Transit
Station parking lot; and
WHEREAS: This area from Heath Street to approximately Custer Street was
omitted from the formal description of Minnesota Linear Park and should be
included as this is the area that received a federal grant from the Bureau of
Outdoor Recreation in 1976; and
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that the Comptroller provide a detailed
description of the property commonly known as Minnesota Linear Park; and
BE IT FURTHER RESOLVED:
That this Honorable Body requests that the Corporation Counsel initiate any and
all legal requirements to amend and formally designate all the land commonly
known as Minnesota Linear Park as designated parkland.
ADOPTED.
No. 175
BY MESSRS. FAHEY & HIGGINS
ADOPTION OF STATE OF NEW YORK
DEFERRED COMPENSATION PLAN
WHEREAS, The City of Buffalo wishes to adopt the Deferred Compensation
Plan for Employees of the State of New York and other Participating Public
Jurisdictions (the "Plan") for the voluntary participation of all eligible
employees; and
WHEREAS, since the provision by a public employer of a Deferred
Compensation Plan for employees is a permissive subject of collective
bargaining under the New York State Taylor Law "eligible employees" at this
time is defined as all members of' the bargaining units covered by the Police
Benevolent Association (PBA) and Local 650, AFSCME, (AFL-CIO), because these
unions have been awarded the Deferred Compensation Benefit through collective
bargaining, and all elected and appointed officials, because the same benefit
was extended to them when the Common Council imposed a settlement on Local 650
in 1989; and
WHEREAS, in the future, the definition of "eligible employee" will be
expanded as necessary to include members of such other bargaining units as may,
from time to time, achieve this benefit at the bargaining table;, and
WHEREAS, the City of Buffalo is a local public employer eligible to adopt
the Plan pursuant to Section 5 of the State Finance Law; and
WHEREAS, the City of Buffalo has reviewed the Plan established in
accordance with Section 457 of the Internal Revenue Code and Section 5 of the
State Finance Law of the State of New York; and
WHEREAS, the purpose of the Plan is to encourage employees to make and
continue careers with the City of Buffalo by providing eligible employees with
a convenient and tax-favored method of saving on a regular and long-term basis
and thereby provide for their retirement; NOW THEREFORE be it:
RESOLVED, that the City of Buffalo hereby adopts the Plan for the
voluntary participation of all eligible employees; and it is further
RESOLVED, that the Mayor be, and/he hereby is, authorized to take such
actions and enter, into such agreements as are required or necessary for the
adoption, implementation and maintenance of the Plan; and be it further
RESOLVED, that the Administrative Services Agency is hereby authorized to
file copies. of these resolutions and other required documents with the
President of the State of New York Civil Service Commission.
PASSED.
AYES- 13 NOES- 0.
No. 176
BY:MR. FRANCZYK AND MRS. LoTEMPIO
RE: ORDINANCE AMENDMENT
LICENSING OF RENTAL HOUSING BUSINESS
CHAPTER 175 - FEES
The Common Council of the City of Buffalo do hereby ordain as
follows:
That a new Chapter 264 entitled: Licensing of Rental Housing Business be
added to Chapter 175 entitled: Fees, to read as follows:
Chapter 264, Licensing of Rental Housing Business
264.3. Rental housing business.
A. License bi-annual $25.00
per building
B. application $10.00
C. inspection $30.00
per building
1-4 units $10.00 per unit
5-10 units$ 8.00 per unit
10 or more units$ 5.00 per unit
E. transfer $25.00
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF INSPECTIONS AND COMMUNITY REVITALIZATION
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 11
NOES- ARTHUR, PITTS- 2.
No. 177
BY:MR. FRANCZYK, AND MRS. LoTEMPIO
ORDINANCE AMENDMENT
NEW CHAPTER 264
LICENSING OF RENTAL HOUSING BUSINESS
The Common Council of the City of Buffalo do hereby ordain
as
follows:
That a new Chapter 264 be added to the Code of the City of Buffalo, with
sections and section headings to read as follows:
CHAPTER 264
LICENSING OF RENTAL HOUSING BUSINESS
264.1. Legislative intent.
264.2. Definitions.
264.3. Rental housing business.
264.4. Enforcement and inspection authority.
264.5. Notice of violation.
264.6. Public nuisance, injunction.
264.7. Non-entitlement to rent; operating without required license.
264.8. Appeal of suspension; revocation or denial. 264.9. Appeal
procedure.
264.1 Legislative intent.
A. Intent. The purpose of this ordinance is to protect the public health,
safety and general welfare of the people of the city in occupied dwellings,
including:
(l) To' protect the character and stability of residential areas;
(2) To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare and health,
including the physical, mental and social well-being of persons occupying
dwellings;
(3) To enforce minimum standards for heating, and sanitary equipment
necessary to health and safety;
(4) To enforce minimum standards for light and ventilation, necessary to
health and safety;
(5) To prevent the overcrowding of dwellings by enforcing minimum space
standards per occupant for each dwelling unit;
(6) To enforce minimum standards for the maintenance of existing residential
buildings, and to thus prevent slums and blight;
(7) To preserve' the value of land and buildings throughout the city.
With respect to rental disputes, except as otherwise specifically provided by
this ordinance, it is not the intention of the council to intrude upon
contractual relationships between tenant and landlord. The council does not
intend to intervene as an advocate of either party, nor to act as an arbiter,
nor to be receptive to complaints from tenant or landlord which are not
specifically and clearly relevant to the provisions of this ordinance. In the
absence of such relevancy with regard to rental disputes, it is intended that
the contracting parties exercise such legal sanctions as are available to them
without the intervention of city government.
264.2. Definitions.
Dwelling unit: a single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile or residence not
to include hotels or motels, bed and breakfast establishments, boarding or
rooming houses.
Habitable room: a room or enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water
closet compartments, laundries, furnace rooms, unfinished basements (those
without floor covering, ceiling covering, wall finish, required ventilation,
required electric outlets and required exit facilities), pantries, utility
rooms of less than fifty square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and workshops, hobby and
recreation areas in parts of the structure below ground level or in attics.
Housing code: means all state and local laws for the establishment and
maintenance of housing standards.
Rental housing business: any person, firm, corporation, partnership, manager,
agent or other entity or combination thereof offering two or more dwelling
units for rent, lease or sublease within the city of Buffalo to members of the
general public, not related to the property 'owner by blood, marriage or legal
adoption.
Occupant: any person, including owner or operator living, sleeping, cooking and
eating in a dwelling unit.
Operator: the owner or his agent who has charge, care, control, or management
of a building, or part thereof, in which dwelling units or rooming units are
let.
Owner: any person, partnership, firm or corporation who, alone, jointly,
or severally with others, shall be in actual possession of, or have charge,
care or control of, any dwelling or dwelling unit within the city as owner,
employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Any such person representing the actual owner shall
be bound to comply with the provisions of this ordinance to the same extent as
the owner.
Permissible occupancy: the maximum number of persons permitted by city
ordinance to reside in a dwelling unit or rooming unit.
Person: an individual, firm, partnership, association, corporation or
joint venture or organization of any kind.
Repair: to a sound and acceptable state of operation, serviceability or
appearance.
Rooming unit: any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleeping, but not for cooking and eating
purposes.
Substandard dwelling: any dwelling which does not conform to the minimum
standards established by the city code.
264.3. Rental housing business.
A. License required. It shall be unlawful for any person, firm or
corporation to conduct or operate or cause to be rented either as owner,
lessee, agent or manager within the city, any rental units used for human
habitation without having first obtained a license to do so as hereafter
provided. This ordinance shall not apply to the Buffalo Municipal Housing
Authority, hospitals, nursing homes or other rental units used for human
habitation which offer or provide medical or nursing services if such units are
subject to state or federal licensing or regulations concerning the safety of
the users, patients or tenants.
B. Application. Within one hundred twenty days after the effective date of
this ordinance, the owner of each rental dwelling unit existing on the
effective date of this section shall make written application to the
commissioner of inspections and community revitalization for a license for such
use on a form to be supplied by the city, and containing such information as
necessary to administer and enforce the provisions of, and to insure compliance
with, the provisions of this ordinance, and the city housing code in its
entirety. In addition, the legal owner of record of each rental unit, as
hereinbefore stated, constructed after the effective date of this ordinance
shall make written application to the building official 'for a license as
herein provided prior to any initial occupancy.
C. Issuance of license. Upon completion of the inspection of the building
or buildings, if the commissioner finds the requirements of the city housing
code and zoning ordinance have been met, a license certifying such facts shall
be issued. If the commissioner finds that the requirements of the housing code
or zoning ordinance have not been met, a written notice specifying the defects
shall be transmitted to the applicant, as specified in chapter 264-5.
When a license has been denied, expired, suspended, or revoked, no further
rental and occupancy of dwelling units then vacant or which may become vacant
shall be permitted until a license has been issued. The units within a
structure which are in compliance with the housing code requirements may
continue to be occupied if units in other portions of the structure which do
not comply, do not create hazard to the health and safety to the persons in the
occupied units.
D. Renewal of license. Unless sooner revoked or suspended as provided
herein, each license shall expire on the thirtieth day of June each odd
numbered year and may be renewed for two-year periods thereafter.
E. Transfer of license. A license issued hereunder is transferable, for a
fee so specified in chapter 175, to any person who has acquired ownership of a
licensed building for the unexpired portions of the two-year term for which it
was issued or reissued, provided that the application to transfer such license
is filed with the building official for change of ownership and the licensed
building and dwelling units are in compliance with the city housing code. A
license shall terminate upon failure to apply for its transfer within thirty
days of the date of sale or transfer of ownership of the building.
F. Suspension or revocation. Upon a finding by the commissioner that one or
more of the requirements of the housing or zoning codes have been violated, the
commissioner shall give written notice to the license holder of the violations
of the housing code, as specified in chapter 264-5. Upon failure of the
license holder to correct the violations stated in the notice of violation
within thirty days, the license may be revoked or suspended in the manner
provided herein. The suspended license may be reinstated upon meeting the
requirements of the code. Issuance of a new license after revocation shall be
subject to a payment of the full amount of the applicable inspection fee.
G. Availability. Licenses issued under this section shall be prominently
and publicly displayed on the premises of the structure, or produced on the
request of a tenant or prospective tenant, and shall be available at reasonable
times for inspection by an authorized inspector of the city.
H. Fees. At the time of application for the license or for license renewal
required by this section, the commissioner of inspections and community
revitalization shall collect. the appropriate license fee and inspection fee in
accordance with the schedule in chapter 175.
The inspection fees shall be tendered with application for first issuance of
license and biennially thereafter on or before date of license renewal: The
license fee shall be subject to a ten percent penalty per month, or any portion
thereof, beyond the date due and payable.
No refund of license and inspection fees shall be made to those discontinuing
operation or who sell, transfer, give away, or otherwise dispose of a licensed
building to another person. If an application is denied, the license fee, but
not the inspection fees, will be returned to The applicant. The commissioner
shall review the fee schedule annually and recommend changes as he deems
appropriate to the common council.
I. Review of ordinance. At the end of two years following the effective
date of this ordinance, the commissioner shall make a comprehensive report to
the common council on the results of this program. During the two-year period,
the council shall be furnished with interim reports on activities under the
ordinance.
J. Penalty. Any person, firm or corporation violating any provision of this
ordinance shall be fined not less than twenty-five dollars ($25.00) nor more
than fifteen hundred dollars ($1,500) for each offense, and a separate offense
shall be deemed committed on each day during or on which a violation occurs or
continues. 264-4. Enforcement and inspection authority.
A. The commissioner of inspections and community revitalization shall
enforce the provisions of this ordinance and is thereby authorized to make
inspections on a scheduled basis or when reason exists to believe that
violation of this ordinance has been or is being committed;
B. Inspection access: If any owner, occupant or other person in charge of a
dwelling or dwelling units fails or refuses to permit free access and entry to
the structure or premises under his control for any inspection pursuant to this
ordinance the official may seek a search warrant or other appropriate court
order authorizing such inspections.
264-5. Notice of violation.
A. Whenever the commissioner of inspections and community revitalization
determines that any dwelling, dwelling unit or rooming unit, or the premises
surrounding any of these fails to meet the requirements set forth in this code,
he shall issue a notice setting forth the alleged failure and advising the
owner, occupant, operator, or agent that such failure must be corrected. This
notice shall:
l. Be in writing;
2. Set forth the alleged violations of the code;
3. Describe the dwelling, dwelling unit, or rooming unit or other premises
where the violations are alleged to exist or to have been committed;
4. Provide a reasonable time, not to exceed sixty (60)
days, for the correction of any alleged violations; and
5. Be served on the owner, occupant, operator or agent of the dwelling,
dwelling unit, or rooming unit personally, or by certified mail, addressed to
the last known place of residence of 'the owner, occupant, operator or agent.
If upon a diligent effort to locate the owner, occupant, operator or agent,
none can be found, notice may be posted on or near the dwelling, dwelling unit,
rooming unit, or premises described in the notice.
B. Suspension: Whenever an owner, operator, agent of a dwelling, dwelling
unit or rooming unit, neglects or refuses to make repairs or take other
corrective action called for by order or notice of violation issued by a
compliance official, the commissioner of inspections and community
revitalization may suspend the license of the owner, when in his/her judgment
the failure to do so will substantially endanger the public health, safety, or
welfare. Notice of suspension shall be served personally or by certified mail
upon owner and may be posted upon building.
" 264.6. Public nuisance; injunction.
Any violation of this ordinance is hereby declared to be a public
nuisance. In addition to any other relief provided by this ordinance, the
corporation counsel may apply to a court of competent jurisdiction for an
injunction to prohibit the continuation of any violation of this ordinance.
Such application for relief may include seeking a temporary restraining order,
temporary injunction or permanent injunction.
264.7. Non-entitlement to rent; operating without required license.
In addition to other remedies and penalties available, no rent shall be
recovered by the owner of such unlicensed premises for the period that the
premises remains unlicensed. No action or special proceeding shall be
maintained therefor, or for possession of said premises for non-payment of such
rent. Suspension of a license shall deem the premises unlicensed.
264.8. Appeal of suspension; revocation or denial.
That upon notice to the owner of property affected under this chapter,
that a suspension, revocation or denial of license has been ordered by the
commissioner, said owner shall have the right of appeal.
The appeal shall be made on motion within twenty (20) days of receipt of
notice of suspension, revocation or denial to Buffalo City Court Housing part,
and heard as soon thereafter as practical.
264.9. Appeal procedure.
The appellant shall show, at a hearing set. in Buffalo City Court Housing
part, by affidavit and other evidence that the suspension, revocation or denial
of such license was improper and without just cause; based upon the conditions
and violations cited by the commissioner of inspections and community
revitalization as necessitating the action taken. The commissioner of
inspections and community revitalization shall provide in his/her answering
papers documentation upon which his/her action was based.
The judge shall rule within three (3) days of the close of the hearing,
upon the evidence and/or testimony presented, whether the appellant by clear
and convincing evidence has demonstrated that action taken by the commissioner
of inspections and community revitalization was improper and without just
cause.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS
AND COMMUNITY REVITALIZATION
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, RUTECKI- 11
NOES- ARTHUR, PITTS- 2.
No. 178
BY: MESSRS. FRANCZYK, RUTECKI& BAKOS
WELCOME DELEGATION FROM
RZESZOW, BUFFALO'S SISTER CITY IN POLAND
WHEREAS: Government officials from Buffalo's sister city of Rzeszow,
Poland will be visiting Western New York from September 7 to September 17,
1991; and
WHEREAS: Rzeszow Mayor Mieczyslaw Janowski, Deputy Mayor Dionizy Beda and
Council Chairman Jan Rejman are being brought to this city through the efforts
of Buffalo-Rzeszow Sister Cities Inc., a not-for-profit corporation established
to promote ties between the two cities; and
WHEREAS: The purpose of the visit is help these newly elected Solidarity
members to learn about how democracy functions on the municipal level as
Rzeszow makes the transition from more than four decades of communist rule; and
WHEREAS: A schedule of activities is being prepared to help the Polish
visitors gain a first-hand understanding of the basics of local self-rule,
including meetings with members of the Common Council; and
WHEREAS: The visit by the Rzeszow delegation will not only help them learn
more about democracy on the grass-roots level, but it will also foster
understanding between the two peoples and hopefully lead to further exchanges
in the future.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council warmly welcomes Rzeszow Mayor Mieczyslaw Janowski,
Deputy Mayor Dionizy Beda and Council Chairman Jan Rejman to the City of
Buffalo, and wishes them a very informative and enjoyable visit to "the City of
Good Neighbors."
ADOPTED
No. 179
BY MESSRS. FAHEY & HIGGINS
OBJECTIONS HORIZONS WATERFRONT
DRAFT ACTION PLAN
WHEREAS: THE HORIZONS WATERFRONT COMMISSION DRAFT ACTION PLAN HAS
BEN RELEASED FOR PUBLIC REVIEW UNDER THE PROVISIONS OF THE INTERMUNICIPAL
COOPERATION AGREEMENT (ICA) THE ICA PROVIDES FOR A 90 DAY REVIEW PERIOD DURING
WHICH PARTICIPATING MUNICIPALITIES AND THE PUBLIC MAY COUNT ON THE ACTION PLAN
DOCUMENT; ID
WHEREAS: IF AFTER REVIEW THE PARTICIPATING MUNICIPALITY FINDS THE ACTION
PLAN NOT IN ITS BEST INTEREST, A RESOLUTION OF OBJECTION MAY BE FILED REQUIRING
THE INITIATION OF A PROCEDURE; TO CONSIDER CHANGES TO THE ACTION PLAN (SEC 4A
ICA); AND
WHEREAS: THE COMMISSION UPON RECEIPT OF SUCH A RESOLUTION OF OBJECTION'
SHALL PROMPTLY COMMENCE A PROCEDURE TO CONSIDER WHETHER THE DRAFT ACTION PLAN
SHOULD BE CHANGED PRIOR TO ADOPTION. THE PROCEDURE SHALL INCLUDE A PROVISION
THAT EITHER THE PARTY (CITY OF BUFFALO) OR THE COMMISSION MAY REQUIRE A PUBLIC
HEARING WHICH SHALL BE CONVENED WITHIN THIRTY (30) DAYS OF SAID REQUEST (SEC 4B
ICA); ID
WHEREAS: THE PROCEDURE TO CONSIDER CHANGES SHALL PROVIDE AN OPPORTUNITY FOR
THE OBJECTING PARTY TO PRESENT ITS OBJECTIONS ID REASON' THEREFORE TO THE
COMMISSION EITHER IN WRITING OR THROUGH PRESENTATION AT A PUBLIC HEARING OF THE
COMMISSION OR PARTY (SEC 4B ICA); ID
AFTER DELIBERATIONS ON ALL SUGGESTED CHANCES AND OBJECTIONS, THE COMMISSION
SHALL VOTE TO ADOPT THE ACTION PLAN
NOW, THEREFORE BE IT RESOLVED:
THAT THE CITY OF BUFFALO FORMALLY OBJECTS TO THE DRAFT ACTION' PLAN BASED ON
GENERAL INCONSISTENCIES WITH THE CITY OF BUFFALO'S ADOPTED LOCAL WATERFRONT
REVITALIZATION PROGRAM (LWRP) CURRENTLY UNDER REVIEW BY THE NEW YORK STATE
SECRETARY OF STATE ID SPECIFIC CONCERNS RELATIVE TO THE DRAFT ACTION PLAN'S
PROPOSED RESIDENTIAL ID COMMERCIAL INTRUSION INTO THE OUTER HARBOR LANDS
PREVIOUSLY PROPOSED FOR PARKLAND USE
BE IT FURTHER RESOLVED:
THE CITY OF BUFFALO ENDORSES INCLUSION OF A COMPREHENSIVE IMPLEMENTATION
STRATEGY, STATEMENT OF GOALS ID OBJECTIVES AND ASKS FOR CLARIFICATION RELATIVE
TO EXCLUSIVE CITY FUNDING FOR "REGIONAL PROJECTS WITHIN THE CITY OF BUFFALO.
BE IT FINALLY RESOLVED:
THAT THE CITY OF BUFFALO REAFFIRMS ITS COMMITMENT TO THE HORIZONS WATERFRONT
COMMISSION AND OFFERS THIS OBJECTION NOT AS AN OBSTACLE BUT AS A BASIS TO
DEVELOP CONSENSUS TOWARD COMPLETION OF A FINAL MASTER PLAN.
BE IT FINALLY RESOLVED THAT
A MEETING BE CONVENED ON MONDAY, SEPTEMBER 9, 1991 AT 9:00 am. IN ROOM
1600, MAIN-SENECA building TO INCLUDE REPRESENTATIVES OF THE CITY
ADMINISTRATION, COMMON COUNCIL THE HORIZONS LAKEFRONT COMMISSION AND THE
DEPARTMENT OF STATE FOR THE PURPOSE OF RESOLVING DIFFERENCES BETWEEN CITY OF
BUFFALO DRAFT LWRP AND THE HORIZONS DRAFT ACTION PLAN.
ADOPTED
No. 180
BY:MESSRS. HIGGINS AND PERLA
ADD A MEMBER 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 increase the expertise and interests represented on the
Task Force it would be advantageous to appoint a representative of the
statewide Citizens Environmental Coalition which has done extensive research on
hazardous waste issues and has produced the informative report "No Time To
Lose" which includes an in-depth analysis of the Statewide Superfund Program;
NOW, THEREFORE BE IT RESOLVED THAT:
The following individual be appointed to the Common Council Task Force on
Hazardous Waste Sites:
Diane Heminway
11149 Dunlop Road
Medina, NY 14103
ADOPTED
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12
NOES- ARTHUR- 1.
No. 181
BY: MRS. LoTEMPI0
CLOSING OF THE NEW YORK TELEPHONE COMPANY DIRECTORY OPERATOR OFFICE
IN THE CITY OF BUFFALO
WHEREAS: New York Telephone Company plans to close its directory
operator office In the City of Buffalo located at 65 Franklin Street in the
first quarter of 1993; and
WHEREAS: The Closing of this office would leave the City of Buffalo without
any type of directory assistance office within the city limits; and
WHEREAS: New York Telephone Company plans to relocate one-hundred-twenty
(120) directory operators out of the city to a suburban office located at 2775
Millersport Hwy; Getzville ; and
WHEREAS: The closing of the Buffalo office would displace workers thirteen
(13) miles from downtown Buffalo and away from any dependable public
transportation; 28% of these workers depend solely on public transportation to
arrive at their jobs; and
WHEREAS: In lieu of The New York Telephone Company decision to relocate
these workers to Getzville the city stands to lose the economic advantages
of having these workers employed in the city as well as the possible loss
of prospective employment of future entry level operator prospects from the
city who depend on public transportation to get to and from work ; and
WHEREAS: The New York Telephone Company opted to move the directory
operations out of the 65 Franklin Street office to the Getzville location after
refusing to consider an alternative city site at 1861 South Park Ave. citing
rehabilitation costs and safety factors. The South Park location has the
necessary space needed for an ideal directory operation, but renovation costs
at the Getzville office would be less costly; and
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the New York Telephone Company explain
their rationale for the intended closing of the 65 Franklin Street directory
operator office; and
BE IT FURTHER RESOLVED:
That the New York Telephone Company include in its report to the Council its
views on the relocation of the one-hundred-twenty (120) workers out of the
city, public transportation problems for workers who depend upon it, and hiring
considerations for prospective entry level employees who would depend on public
transportation to work in the suburban offices: and
BE IT FURTHER RESOLVED:
That New York Telephone Company file a report with the City Clerk's office by 2
P.M. Thursday September 12, 1991; and
BE IT FINALLY RESOLVED:
That the City Clerk be and hereby is directed to send a certified copy of this
resolution to the New York Telephone Company
ADOPTED.
No. 182
BY:MRS. LOTEMPIO
INSPECTION PROCEDURES
ILLEGAL HOUSING
WHEREAS: The concern of illegal housing has surfaced once again
do to the very unfortunate tragedy which recently occurred in a Englewood
Avenue apartment; and
WHEREAS: Tenants living in attic and basement apartments become trapped
within their apartments when either smoke or fire engulf the only entry/exit
way with no outside fire escapes; and
WHEREAS: Tenants often rent attic and basement apartments because of the
often low rent associated with these apartments; and
WHEREAS: A number of illegal one exit attic and basement apartments continue
to exist in the City of Buffalo with the potential of another tragedy
occurring; and
NOW, THEREFORE BE IT RESOLVED THAT:
The Commissioner of Inspections and Community Revitalization appear before the
Committee on Legislation to give a detailed explanation of the inspection
process that the City of Buffalo presently uses and suggest ways it may be
improved;
BE IT FURTHER RESOLVED THAT:
Council Staff research inspection procedures of other cities comparable in size
to that of the City of Buffalo;
BE IT FINALLY RESOLVED THAT:
That the resolution be referred to the Corporation Counsel so he may make
recommendations that allow inspectors easier access to inspect said properties,
the Commissioner of Fire and the Commissioner of Inspections and Community
Revitalization.
ADOPTED
No. 183
BY:MRS. LoTEMPIO
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, or on or upon the sidewalks, driveways or
any such walkway abutting on, and affording ingress and egress to and from,
such property, 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
A
approval and issuance of the licenses are recommended.
Section 2. This amendment shall take effect immediately.
APPROVED AS TO FORM
REFERRED TO THE COMMlTTEE ON LEGISLATION
AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 8.
NOES- ARTHUR, BELL, COLLINS, PITTS, RUTECKI- 5.
No. 184
BY:Mr. Pitts
Urban Cultural
Park Local Assistance Projects
Whereas, the New York State Office of Parks, Recreation and Historic
Preservation provides matching grants to designated Urban Cultural Park (UCP)
communities for capital, interpretive and planning projects, and
Whereas, the City of Buffalo, as part of the UCP management Plan
previously approved by the Common Council, identifies the Theatre District as
the general location of the UCP, and
Whereas, the New York State Office of Parks, Recreation and Historic
Preservation is currently accepting application for funding under the UCP Local
Assistance Program, whose deadline is August 9, 1991, and
Whereas, the Department of Community Development intends to apply for
$17,632 in capital funds for the replacement of curbs and sidewalks on West
Chippewa Street between Pearl Street and Delaware Avenue and $6,300 in
interpretive funds for a Theatre District Architectural and Historical
Interpretation Program, and
Whereas, the UCP Local Assistance Program regulations require the local
legislative body authorize the submission of grant applications.
Now, therefore be it resolved, that the Mayor of the City of Buffalo be,
and he hereby is, authorized and directed to file the applications, on forms
prescribed by the New York State Office of Parks, Recreation and Historic
Preservation, for financial assistance in accordance with the provision of the
UCP Local Assistance Program, and
That upon approval of these applications by the New York State Office of
Parks, Recreation and Historic Preservation, the Mayor of the City of Buffalo
be, and he is hereby, authorized to enter into and execute project agreements
with the New York State Office of Parks, Recreation and Historic Preservation
for such financial assistance, upon such terms and conditions prescribed
therefore by the State, and
That the Mayor be, and he hereby is, authorized to execute whatever other
documents or take measures which are necessary to effectuate such financial
assistance, and
That the City Clerk be, and hereby is, directed to forward a certified
copy of this resolution to the New York State Office of Parks, Recreation and
Historic Preservation.
PASSED
AYES- 13 NOES- 0.
No. 185
BY : MR. PITTS
PERMIT FOR CURB CUT
526 HIGH ST.
WHEREAS: The Church of God Tabernacle located at 526 High Street
has purchased several adjacent vacant residential lots. These lots have been
converted to parking for the church, and
WHEREAS: The church has owned these lots for some time and have grave led
the surfaces to accommodate the cars, and
WHEREAS: The original curbs are still in place in front of these lots. The
church would like to place a curb cut which would provide obvious ease and
safety of egress and ingress. The church intends to blacktop the lot once they
receive a permit for the curb cut.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests the Department
of Public c Works to provide a permit for a curb cut for the Church of God
Tabernacle's parking lot located at 526 High Street.
PASSED
AYES- 13 NOES- 0.
No. 186
BY :MR. PITTS
BANNER ERECTION, CALUMET
CAFE
WHEREAS: The Calumet Arts Cafe located at 56 West Chippewa Street
is embarking upon a new season and wishes to erect a banner to announce its
initiation, and
WHEREAS: The banner would be placed across Chippewa Street at the corner of
Franklin Streets. It will read "Calumet Arts Cafe" and "The Third Room". The
banner will be forty-two feet long and attached to the two lamp posts, and
WHEREAS: This banner will certainly provide the needed attention that this
exciting and new Downtown business needs!
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the
erection of a banner by the Calumet Cafe subject to conditions established by
the City Department of Public Works.
PASSED
AYES- 13 NOES- 0.
No. 187
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
20 DEPARTMENT OF POLICE
20-4 - BUREAU OF ADMINISTRATIVE SERVICES
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 20-4 Bureau of Administrative Services under the
subheading "003 - Building and Fleet Maintenance: which reads:
5 Cleaner
$17,553
- 19,189
8 Laborer I (Hourly)
7.87
- 8.93
is hereby amended to read:
3 Cleaner
$17,553
- 19,189
10 Laborer I (Hourly)
7.87
- 8.93
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, RALPH V. DEGENHART, Commissioner of Police and THOMAS F. KEENAN,
Director of the Budget, hereby certify that the deletion of two (2) Cleaner
positions and the creation of two (2) Laborer I positions 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 personnel requisitions incident to the creation of the
above-mentioned positions, containing a statement of the duties of such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 188
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
70 - DEPARTMENT OF STREET SANITATION
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 70-0 - Department of Street Sanitation under the
subheading "011 - Collection of Ashes, Garbage & Refuse" which reads:
46 Laborer II (Daily) $71.97 - 82.08 is hereby amended to read:
47 Laborer II (Daily) $71.97 - 82.08
and further,
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 70-0 - Department of Street Sanitation under the
subheading "013 - Cleaning Streets & Snow Removal: which reads:
13 Laborer $18,310 - 20,221
is hereby amended to read:
12 Laborer $18,310 - 20,221
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance 15 necessary.
WE, JAMES J. MAKOWSKI, Commissioner of Street Sanitation and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of one (1)
Laborer position and the creation of one (1) Laborer II (Daily) position is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service e title for the
proposed position.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 189
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-4 Division of Substance Abuse Services under the
subheading "011 - YDA-DACC Narcotic Control Program" is hereby amended by
adding thereto:
1 Deputy Director of
Substance Abuse Services $37,719 - 40,492
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the creation of one (1)
Deputy Director of Substance Abuse Services position is necessary for the
proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 190
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
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 "022 -
Engineering & Inspection of Water Line," is hereby amended by adding thereto:
1 Junior Engineer (Burke Glaser, only) $24,185 - 28,252
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 (l)
Junior Engineer (Burke Glaser, only) position is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
,APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 191
BY: MR. RUTECKI
INITIATE ASSESSMENT OF LOCAL CABLE TV SYSTEM
WHEREAS: The Cable Television contract between the City of Buffalo
and TCI of New York expires on February 12, 1994; and
WHEREAS: On June 25, 1991 TCI of New York sent a letter to the City of
Buffalo requesting that renewal proceedings be discussed; and
WHEREAS: At its meeting of July 29, 1991 the Common Council's Special CATV
Committee met with representatives of TCI and the New York State Commission on
Cable Television to talk about refranchising and other cable TV issues, and
procedures for renewing cable TV franchises were discussed; and
WHEREAS: The New York State Cable Commission requires that a municipality
"shall exercise due diligence to review the performance of the applicant under
the existing franchise and to ascertain the future needs and expectations of
the community relative to cable television service;" and
WHEREAS: This review should include public hearings to elicit comments from
residents, as well as consideration of trouble call records, technical
performance, and appropriate financial records of the cable operator; and
WHEREAS: The New York State Commission on Cable Television has expressed its
willingness to assist the city in this process through its Municipal Assistance
Division;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council Special Committee on CATV be authorized to initiate an
assessment of the past performance of TCI of New York, and of future cable TV
needs; and
BE IT FURTHER RESOLVED:
That the Special Committee on CATV also be authorized to issue a Request for
Proposals seeking a new cable TV operator for the City of Buffalo; and
BE IT FURTHER RESOLVED:
That the Special Committee on CATV also be authorized to negotiate a franchise
renewal with TCI of New York in response to its letter to the City Clerk of
June 25, 1991, in accordance with Section 626 (A) of the Cable Communications
Policy Act of 1984 and all applicable New York State regulations.
'ADOPTED
No. 192
BY:MR. RUTECKI
Direct City Clerk to Forward
Environmental Notices to
the Environmental
Management Commission
WHEREAS: Section 318.8 of Article 17 of the City Charter requires
all city officials to "file with the city clerk all notices received on behalf
of the city of Buffalo pursuant to the State Environmental Review Act" and
further requires the City Clerk to forward such notices to the Environmental
Management Commission (EMC); and
WHEREAS: The EMC is a deliberative body which is appointed by the Council,
the Mayor, and the Chamber of Commerce to provide the city with advice on
environmental matters; and
WHEREAS: The EMC has received few notices pursuant to section 318.8 and has
requested that internally generated city environmental notices be forwarded to
it so the Commission can be aware of these items and comment on them if
appropriate; and
WHEREAS: Such internally generated notices would include environmental
impact statements and environmental assessment forms or EAFs which are filed
for consideration and adoption by the Council; and
WHEREAS: The EMC is further charged by the City Charter with the
recommendation of programs for the protection, preservation, expansion and
ecologically suitable utilization of "open land areas, scenic and historic
sites, natural areas, shorelines, marshlands, drainageways and other wetlands
in the city", and the EMC has received inconsistent notice of changes related
to such land areas;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby directs the City Clerk to routinely forward all
environmental notices filed with the Council, including all environmental
assessment forms and environmental impact statements, of the Environmental
Management Commission, and;
BE IT FURTHER RESOLVED THAT:
This Common Council hereby directs the City Clerk to routinely forward to the
Environmental Management Commission all items filed with the Council relating
to open land areas, scenic and historic sites, natural areas, shorelines,
marshlands, drainageways and other wetlands in the
ADOPTED.
No. 193
BY:MR. RUTECKI
RE: ORDINANCE AMENDMENT
CHAPTER 511-4, DEFINITIONS AND
CHAPTER 511-95A. (5) - USES SUBJECT
TO SPECIAL REGULATION
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1. That Section 511.4 of Article II of Chapter 511 of the Code
of the City of Buffalo be amended to read as follows:
B. (l) ADULT MOTION-PICTURE THEATER - An enclosed building used for
presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for observation by persons therein.
(2) ADULT VIDEO STORE - An establishment having, as a substantial or
significant portion of its stock-in-trade films, video tapes, video discs, or
computer programs for sale, rent, or on premises viewing, any of which contain
specified sexual activities or specified anatomical areas, as defined below, or
an establishment with a segment or section devoted to the sale or display of
such material.
EXOTIC CABARET - An establishment which features topless or bottomless dancers,
go-go dancers, exotic dancers, strippers, male or female impersonators or
similar entertainers and where the sale of beer, wine, or intoxicating liquor
for consumption on the premises [is] may or may not be permitted.
Section 2. That Section 511-95A. (5) of Article XVIII of Chapter 511 of
the Code of the City of Buffalo be amended to read as follows:
(5) Adult use permit. No person, firm or corporation shall continue or
engage in the business of operating an adult bookstore, adult motion-picture
theater, adult video store or exotic cabaret in the City of Buffalo without an
adult use permit issued by the Director of Licenses and Permits after written
application, duly verified, has been made therefor upon a form provided by said
Director. Said application shall give the name and address of said applicant,
the location of the premises whereon said adult use is or is to be operated and
such other information as the Director of Licenses and Permits shall require.
All permit applications submitted for new adult uses, not previously operated
in said location, shall comply with all provisions set forth in Subsection
A(1), (2), (3) and (4) above.
APPROVED AS TO FORM
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 194
BY: MR. RUTECKI
LEGAL FEES
ARTHUR VS. DOYLE
WHEREAS: On July 31, 1991, Supreme Court Justice Leo Fallon issued
his final ruling in Arthur vs. Doyle that determined that Mr. Doyle was in
violation of the City Charter in holding both a seat on the Buffalo Board of
Education and the City position as Director of Youth, determined by the Court
to be a public officer, and
WHEREAS: When Council President George K. Arthur first contemplated the suit
he had requested the former Corporation Counsel to represent him in this
matter, and
WHEREAS: The former Corporation Counsel declined to represent the Council
President based on his written opinion that he believed that the former
Director of Youth was not a "Public Officer" and therefore could hold this
position at the same time that he served as an elected member of the Board of
Education, and
WHEREAS: The former Corporation Counsel, again based on his written opinion,
also declined to rule that there was a conflict in his representation of both
Mr. Arthur and Mr. Doyle, a determination usually made when there is a
reasonable chance that the Courts will rule against a legal opinion from the
Corporation Counsel's office, and
WHEREAS: The Court has ruled in Arthur vs. Doyle that the opinion of the
former Corporation Counsel was in fact incorrect, thereby upholding an
importing provision of the City Charter that prevents serious conflicts of
interest, and
WHEREAS: Since arguments in this case were made during a previous fiscal
year, legal costs associated with it must be handled as a Claim, THEREFORE BE
IT
RESOLVED: That this Common Council does hereby authorize the Comptroller to
pay legal costs incurred by the Plaintiffs in Arthur vs. Doyle from the
Judgement and Claims account in an amount not to exceed $54,461 on the
condition that the Comptroller audit and approve itemized bills for work
performed and expenses incurred that are submitted by the Plaintiffs.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
No. 195
By Mr. Rutecki
Attached hereto are Felicitations or In Memoriams sponsored by members of
the Common Council:
Felicitation for The Gardner Family
By Councilmember Collins
Felicitation for The Washington, Boney & James Families By
Councilmember Collins
Felicitation for Yahweh Ben Yahweh
By Councilmember Collins
Felicitation for Dorothy Kinley
By Councilmember Collins
Felicitation for Sushil Sharma
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. 196
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:
James A. Lema
Kathleen A. Palka
Rose Marie VanKerkhoven
TOTAL: 3
ADOPTED
No. 197
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:
Robert J. Alley
Sandra M. Antowski
Odessa Brooks
Lodina Clyburn
Suzanne M. Giambra
Robin E. Harris
LeoIa Johnson
Frances Judson
Barbara A. King
Joseph P. Lombardo
Teresa Mangrum
Marcia A.K. Murphy
Karen B. Palmer
AnnMarie Robinson
Adeline [Wujcikowski
Beth A. Quarantillo
Stephen W. Bartee
Karen J. Plummer
Douglas P. Stiller
Total: 19
Adopted
No. 198
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, SEPT 10, 1991 9:30 AM
FINANCE Tuesday
SEPT 10, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, SEPT 10, 1991 2:00 PM
ECONOMIC DEV. Wednesday, SEPT , 1991, 10:00 AM
Leonard G. Sciolino
Council Reporter
No. 199
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Perla the council adjourned
at 4:30 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.