HomeMy WebLinkAbout91-0917
No. 17
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, September 17, 1991
MAYOR
Hon. James D. Griffin
COMPTROLLER
JOEL A. GIAMBRA
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
David P. Rutecki - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman, George K. Arthur, Eugene M.
Fahey, Carl A. Perla, Jr., Alfred Coppola Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Rosemarie LoTempio, David Franczyk,
Carl A. Perla, Jr., Archie L. Amos Jr. Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David A. Franczyk, David Collins, Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman, David A. Franczyk, Carl A. PerIa,
Jr., Clifford Bell, Brian M. Higgins, Eugene M. Fahey, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, David P. Rutecki, James Pitts, Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk. Joel A
Giambra, Brian M. Higgins, James W. Pitts.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. David P. Rutecki, Chairman, Hon. Archie L.
Amos, Jr., Hon. Brian M. Higgins, Hon. . Rosemarie LoTempio, Hon. James W.
Pitts.
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, David P. Rutecki, Alfred T. Coppola, Michael R. Mulderig, Samuel F.
Houston/Designee, Paul Barrick, Milton Kaplin, Charles L. Michaux III/Designee.
COMMON COUNCIL'S SPECIAL WATERFRONT COMMITTEE
: James F. August, James W.
Harrington, Jr. Richard J. Lippes, Ross D. MacKinnon, Kenneth E. Sherman, David
Rutecki, James W. Pitts, Brian Higgins, Clifford Bell, Rosemarie LoTempio,
David Collins, Carl A. Perla, Jr..
SPECIAL COMMITTEE-TAYLOR LAW IMPASSE
: Carl A. Perla, Jr., Chairman, Alfred T.
Coppola, James W. Pitts
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
SPECIAL COMMITTEE - NEGOTIATE ERIE BASIN MARINA LEASE
David P. Rutecki, Chairman, James W. Pitts, Carl A. Perla, Jr., David P.
Comerford/designee, Joel A. Giambra/designee, Ronald Romanowicz/designee.
TASK FORCES
TASK FORCE ON FEE INCREASES:
Clifford Bell, Chairperson, Alfred T. Coppola,
Joel A. Giambra, Richard Planavsky, Philip Ricchiazzi, Members.
JUVENILE DELINQUENCY TASK FORCE
: Christine Garmon, , Commissioner Ralph
Degenhart, Michael Chapman, Larry Stitts, Carl Johnson, Julian Dargan, Helen
Panikowski, Desiree Lindsey, John Johnson, Lt. Lawrence Tersan.
TASK FORCE ON DOWNTOWN PARKING
: Leona N. Backus, Alfred H. Savage/Designee,
Lawrence R. Rubin/Designee, Thomas Gallagher, Joel A. Giambra/Designee, Eric
Swider/Designee, Hon. James W. Pitts, Carl A. Perla, Jr., Edward Lesswing, Dr.
Andrew J. Rudnick, Chairman, Robert B. Adams/Designee, Hon. Dennis T.
Gorski/Designee, Cheryl A. Hart, David P. Comerford, Bruna Michaux,.,
HISPANIC TASK FORCE:
David Baez, Scorro Cappes, Ventura Colon, Laura DeJesus,
Emanuel Lastra, Paul Martinez, Benjamin Matta, Augustine Olivencia, Jr.,
Michael Rivera, Louis Rodriguez, Marcelina Rondon.
TASK FORCE ON LANDLORD TENANT RELATIONS & HOUSING CONDITIONS:
Hon. Carl A.
Perla, Chairman, Hon. James W. Pitts, Hon. Archie L. Amos Jr., Hon. Roger
LoRusso /Designee/, Hon Frank Sedita /Designee, Lawrence A. Grisanti /Designee,
Samuel F. Houston /Designee, Joseph V. Schollard /Designee, Vincent Pellittieri
/Designee, Pamela Dent /Designee, Donald J. Reeves /Designee, Sister Jeanne
Frank /Designee, Nick Sidoti /Designee, Denis Woods /Designee, Scott W. Gehl
/Designee, Paul Wolf /Designee, Rev. Charles White /Designee, Karen J. Schimke,
Cathy Szczesny, Kathy Mecca, Members.
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Vincent
Tese, Hon. Anthony M. Masiello, Hon. David P. Rutecki, Hon. Alfred T. Coppola,
Charles F. Rosenow, George Gould, George Wessel, William J. Greeley, Mary
Martino/Designee, Hon.
Dennis T. Gorski/Designee, Hon. Roger I. Blackwell, Hon. Henry J. Nowak, Donald
P. Quinlan/Designee, Rev. Bennett W. Smith, Robert D. Fernbach.
TASK FORCE- STUDY ON GREAT NORTHERN GRAIN ELEVATOR:
Jim Forton, Chairperson,
Hon. Brian M. Higgins, Hon. James W. Pitts, Karen Schaffner, John Montague,
Lorraine Pierro, Joseph Schollard, Mark Norton, Ken Sherman.
NOISE ORDINANCE TASK FORCE
: State Senator Anthony Masiello, Assemblyman William
Hoyt, Margaret Andrews, John Walton, Ed Saunders, Angelo Thomas, Dr. Betty
Cappella, Laura Wilson, Jeanette Ogden, Michael Powers, Nicholas Custodi,
Sheila Dunn, Cynthia, A. Reif, James J. Williams, Sheila Weir, Frank Piracci,
Bernadette Tomaselli, Jean Willett.
CHILD CARE TASK FORCE
: Louise Clyburn, Deborah A. Goldman, Khalimah A. Halim,
Flora Miller, Sliwa, Angela Lee, Mrs. Gianadda, Ronald Empric, Barbara A. Shaw,
Mary Jo Hunt, Dorothy Dowzycky, Joseph Sperrazza, Judy DiPasquale, Mary
Randolph.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
COUNCIL REPRESENTATIVES:
BUFFALO URBAN RENEWAL AGENCY:
Alfred T. Coppola, George K. Arthur, David A.
Collins.
ARTS AND CULTURAL FUNDING ADVISORY COMMITTEE
: Charles Ruff, Joseph Makowski,
Craig Speers, Gary Mucci, Thomas M. Rocco, William Falkowski, John J. Fiorella,
Jeremy Wainwright, Sheila Diebold, Warren Emblidge, Alithea Lango, Martha
Morgan, Susan Curran.
WAR MEMORIAL STADIUM OVERSIGHT COMMITTEE
: Hon. David A. Collins, Chairman,
Lawrence R. Rubin, Peggy Brooks-Bertram, King W. Peterson, Henry Orsinski,
Florence E. Baugh, Willie Evans, Michael Billoni, Charles Rosenow, Members.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, September 17, 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 September 3, 1991, were approved
FROM THE MAYOR
No. 1
Veto - Architectural - Engineering Services Site Development of War Memorial
Stadium
Item No. 90, C.C.P. 9/3/91
I am hereby vetoing Resolution item No. 90 passed September 3,
1991. The Council's division of the communication from the Department of
Community Development into two items and passage of one of those items, but not
the other, was clearly an abuse of its discretion.
By this action the Council blindly accepted a non-competitive bid of
$100.000 for architectural services and at the same time rejected the lower of
two competitive bids for construction administrative services. It is clearly
the intent of the Council to force the acceptance of the higher bid in its
continuing drive to funnel consultant fees to a handpicked firm regardless of
the cost. The taxpayers of this City deserve to be treated better.
For these reasons l have vetoed this item.
Mr. Collins moved to Override the Mayor's Veto of Item No. 90, C.C.P.,
9/ 3/91,- Architectural/Engineering Services- War Memorial Site Development.
Seconded by Mr. Coppola
REPASSED
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
RUTECKI- 10.
NOES- BAKOS, FAHEY, LOTEMPIO- 3.
FROM TUE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 2
General Mills - Request to construct an office and warehouse addition at 6 City
Ship Canal.
Item No. 143, C.C.P., September 3, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above application pursuant to Section 511-67 of the
Buffalo Code, the Buffalo River Special Coastal District.
The applicant seeks to add a 2650 square foot office over an existing
surface parking facility and a 31,550 square foot, two-story warehouse addition
to an existing warehouse. The total gross floor area for the addition will be
34,150 square feet.
The site is located in the Buffalo River Coastal District which overlap
an M2 Zone. The proposed addition comply with the regulations of the zone and
review district. Under S.E.Q.R., the proposed additions are considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed application.
RECEIVED AND FILED.
No. 3
Tops Market - Application to install signs at 345 Amherst.
Item No. 144, C.C.P., September 3, 1991
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above application pursuant to Sections 511-67 and
387-19 of the Buffalo Code - the Niagara River Coastal Special Review District
and the Review of Ground and Pole Signs.
The applicant seeks to install the following accessory signs:
- 1 illuminated pole sign, 20 feet high with a sign face area of 80 square
feet (8 feet by 10 feet)
- 4 illuminated ground signs, each measuring 3 feet by 3 feet for a total
area of 36 square feet which will delineate the two driveways of the market
- 1 illuminated wall sign at front of building measuring 7.5 feet by 40
feet for a total area of 300 square feet
- 1 illuminated wall sign in the front corner of the building facing Grant
Street and measuring 4 feet by 18 feet or 72 square feet
- 1 illuminated wall sign on the corner of the building facing the
Scajaquada Expressway.
The total sign area for all of the signs referenced above is 568 square
feet.
It should be noted that the applicant had intended to utilize a billboard
structure adjacent to the Scajaquada Expressway for an accessory sign but has
withdrawn that request.
It should also be noted that two entry signs which were requested have
been moved south of their original locations to conform to a new entry which
will be at the intersection of Grant Street and the former Piper Street. (The
two remaining entry signs will be located as originally sited.)
The site is located in a C2 zone which permits such signage. Under
S.E.Q.R., the proposed signs may be considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the signs as described above.
RECEIVED AND FILED.
No. 4
S. Nichols - Application to
convert storefront to take-out restaurant.
Item No. 145, C.C.P., September 3, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above application pursuant to Section 511-64 of the
Buffalo Code, the Seneca Street Special Zoning District.
The applicant seeks to use a vacant storefront for a take-out restaurant.
The proposed restaurant will have a gross floor area of 1,658 square feet. No
accessory signage is being requested at this time.
The site is located in the Seneca Street Special Zoning District which
considers eating and drinking places to be restricted uses requiring the
approval of Your Honorable Body. Under the code, 11 off-street parking spaces
would be suggested. The applicant has room on an adjacent lot to accommodate
14 parking spaces. Under S.E.Q.R., the proposed conversion is an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed take-out restaurant.
RECEIVED AND FILED.
No. 5
R. Cauley - Application to
Convert an Existing Take-out
Restaurant to a Sit-in Restaurant at 1855 Hertel
Item No. 146, C.C.P. 9/3/91
The City Planning Board, at its regular meeting held Tuesday,
September 10, 1991, considered the above application pursuant to Section 511-59
of the Buffalo Code - The Hertel Avenue Special Zoning District.
The applicant seeks to convert an existing take-out restaurant into a
sit-in restaurant. The proposed restaurant has a gross floor area of
approximately 450 square feet.
The site is located in the Hertel Avenue district, which permits such
uses but only upon the issuance of a restricted use permit by your Honorable
Body. Under the Buffalo Code, 3 off-street spaces would be suggested. The
conversion is considered an unlisted action under SEQR and may be studied
through uncoordinated review.
The Planning Board voted to approve the requested conversion.
RECEIVED AND FILED.
No. 6
Super Saver - Request to place a pole sign at 1482 Broadway.
[Item No. 147, C.C.P., September 3, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 387-19 of the Buffalo
Code, the Review of Pole Signs.
The applicant seeks to install an illuminated, accessory, pole sign
entirely on private property. The sign would be 12 feet in overall height and
would have a sign face area of 45 square feet (6 feet by 7 1/2 feet).
The site is located in a C2 zone which permits such signage. Under
S.E.Q.R., the proposed sign is considered a Type II action which does not
require further environmental review.
Consequently, the Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 7
Y. Kwok - Request to convert 578 Niagara St. to a take-out restaurant.
Item No. 109, C.C.P., July 23, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 511-68 of the Buffalo
Code, the Niagara River Coastal Special Review District.
The applicant seeks to convert a vacant storefront into a take-out
restaurant. The gross floor area of the restaurant will be 1,680+ square feet.
An accessory sign is also being proposed.
The site is located in a C2 zone which permits such uses but is overlain
by the Coastal Review District and therefore requires the approval of Your
Honorable Body. Under S.E.Q.R., the proposed restaurant is considered an
unlisted action which may be studied through uncoordinated review.
Under the Buffalo Code, 11 off-street parking spaces would be suggested.
There is however apt street parking available within 1000 feet of the proposed
restaurant.
The Planning Board voted to approve the proposed restaurant on the
condition that the proposed sign does not exceed the limits of the C2 zone.
RECEIVED AND FILED.
No. 8
Kenton F.C.U. - Request to
encroach into the right-of-way of
258 Ontario Street.
Item No. 41, C.C.P., July 23, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachment.
The applicant seeks to encroach into the right-of-way a distance of 6
inches in order to install a new facade.
The Department of Public Works has recommended that Your Honorable Body
grant a "mere license" for the encroachment. Under S.E.Q.R., the proposed
encroachment is a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 9
D. Kohn - Request to encroach into the right-of-way at 1184 Main Street.
Item No. 42, C.C.P., July 23, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant seeks to encroach into the right-of-way a distance of 5
inches in order to install a new facade.
The Department of Public Works has recommended that Your Honorable Body
grant a "mere license" for the encroachment. Under S.E.Q.R., the proposed
encroachment is a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 10
Ganco Inc. - Request to erect a boat storage building
at 1-3 City Ship Canal.
Item No. 148, C.C.P., September 3, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above application pursuant to Section 511-67 of the
Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to place a one-story metal boat storage building which
would be a part of their existing marina operation along the Buffalo River.
The proposed building will measure 79 feet by 72 feet and will have a gross
floor area of 5688 square feet.
The site is located in the Buffalo Special Coastal Review District which
encourages water related uses. It is also approximately 160 feet from the
shore
line and therefore not subject to the 25-foot yard requirement of the
review district. Under S.E.Q.R., the proposed development is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the application.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
No. 11
Snyder Corp. - Request to place ground sign at 300 Pearl Street.
Item No. 108, C.C.P., July 23, 1991.
The City Planning Board at its regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 387-19 of the Buffalo
Code, the Review of Ground signs.
The applicant seeks to place an illuminated accessory ground sign with a
display case. The proposed rectangular sign will measure 2 feet 9 inches by 9
feet 6 inches and will be incorporated into a triangular show case which will
have two display windows each measuring 5 feet by 6 feet, for a total of 30
square feet. The total sign area for the show cases and identification sign is
84.75 square feet.
The site is located in the DO zone which permits such signage. Under
S.E.Q.R., the proposed sign is considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
No. 12
Empire of America - Request to place non illuminated wall sign at 100 Seneca
Street.
Item No. 111, C.C.P., July 23, 1991]
The City Planning Board at tis regular meeting held Tuesday, September
10, 1991 considered the above request pursuant to Section 511-63 of the Buffalo
Code, Sign Control Overlay District.
The applicant seeks to place a 2.5 foot by 4.5 foot wall identification
sign which reads "100 Seneca" and a 3.5 foot by 3 foot logo on the north
elevation of the building which is located on Swan Street.
The site is located in the Sign Control District which limits the total
amount of signage to 5 square feet per lineal foot of front lot line. The
requested signage together with the existing signs on the building exceed that
amount. In the Sign Control District, Your Honorable Body reserves the right
to alter the area limits for signs. Lastly, under S.E.Q.R., the proposed sign
is considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the requested signs in that the north
elevation of the subject property has no identification signs on it, and with
the new configurations of traffic created by the closing of Seneca Street at
Pilot Field, the Swan Street side of the building should be identified.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 13
O.T.B.- Request to Place an Awning Sign at 11 E. Mohawk St.
The City Planning Board, at its regular meeting held Tuesday,
September 10, 1991, considered the above application pursuant to Sections
511-78 and 511-63, 1.4 of the Buffalo Code - The Review of Applications in the
DO zone and the Sign Control Overlay Review District.
The applicant seeks to place an accessory, illuminated, awning sign. The
awning will extend across the length of the building and will measure 3 feet
wide and 6 feet high. A graphic identifying the O.T.B. operation will be 18
square feet in area. The awning and its graphic element will encroach 3 feet
into the right-of-way.
The site is located in the DO zone, which permits such signs but limits
their area to 12 square feet. The DO zone also fixes the clearance from the
bottom of such signs to the sidewalk at 10 feet. Since the graphic being
considered is larger in area than allowed in the DO zone and its clearance from
the sidewalk is 7 1/2 feet, the application was reviewed by the Advisory
Subcommittee.
At its meeting of September 5, 1991, the Advisory Committee voted to
approve the proposed sign as presented (i.e., 18 square feet and 7 1/2 feet
from the ground) on the condition that the graphic element be displayed on a
dark green field with cream colored lettering.
The Planning Board voted to adopt the recommendations of the Advisory
Subcommittee and noted that the Department of Public Works should review the
proposed encroachment. Lastly, the Board noted that under SEQR, the proposed
sign is considered a Type II action, which does not require further
environmental review.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 14
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
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 $50,327 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, SEPTEMBER 9, 1991
RECEIVED AND FILED
No. 15
Interfund Cash Loans for Capital Projects
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the
City General Fund to the City, Board and Enterprise Capital Projects Funds. The
interfund loan will then be repaid when Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have two requests for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $95,000 for
Construction of New Entrance at Buffalo Zoo, and $140,000 for Tree Planting.
The loans will be repaid when bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 General 200 Capital Proj. 200-402-070 BAN/ Bond Sale $ 95,000
100 General 200 Capital Proj 200-601-036 BAN/Bond Sale 140,000
MR. FAHEY moved:
That the communication from the Comptroller, dated September 10, 1991, be
received and filed; and
That the Comptroller be and he hereby is authorized to make interfund
cash loans from the General Fund to the Capital Projects Fund in the amount of
$95,000.00 for the construction of a new entrance at the Buffalo Zoo, and
$140,000.00 for tree planting.
PASSED.
AYES- 13 NOES- 0.
No. 16
Bond Closeouts
The City of Buffalo issues bonds to provide funds to finance the
costs of various capital projects which are described in the bond resolutions
submitted to the Common Council. When we raise capital funds by selling bonds,
it is reasonably anticipated that all of the projects will proceed timely and
binding commitments for the completion of the projects will be entered into In
a timely manner. Proceeds of bonds not expended for the object or purpose for
which the bonds were sold must be applied to the payment of principal and
interest on such bonds (Local Finance Law -Section 165.00).
The Board of Parking has requested the following bond accounts be closed.
All of the account balances are for projects which are completed.
UNENCUMB- RESTRICTED
ERED FOR 1991-92
BALANCE DEBT
ACCNT# 415 PURPOSE 9/10/91 SERVICE
410-002 Reconst Turner/Mohawk Ramp $186,420.66 $186,420.66
410-003 Reconst Various Ramps 90,296.16 90,296.16
410-004 Const Pearl - Niagara Ramp 8,305.74 8,305.74
$285,022.56 $285,022.56
The 1991-92 Parking Enterprise Fund Budget anticipated the following bond
accounts would be closed, and monies used to pay 1991-92 debt service on the
bonds issued for these projects.
Upon favorable action by Your Honorable Body, I will close the bond
accounts and the $285,022. 56 will be used as a resource in the 1991-92 Parking
Enterprise Fund Budget.
REFERRED TO THE COMMITTEE ON FlNANCE
No. 17
Request Lease Agreement
Between the City of Buffalo
and Cazenovia Park Hockey
Association Inc.
Use of Rooms 29 & 30 at Former School 29 - 2219 South Park
The Office of the Comptroller, Division of Real Estate has received
a request from Mr. Bob Carosa, on behalf of the Cazenovia Park Hockey
Association, Inc. requesting to enter into a lease agreement for use of rooms
29 & 30 at former School 29.
The Cazenovia Park Hockey Association, Inc. intend to conduct monthly
meetings with their coaches and managers and also store the League's hockey
equipment.
The lease is to be effective October 1, 1991 running for one year, with
an option to renew on a yearly basis. This agreement should be subject to the
right of the City of Buffalo to cancel upon thirty (30) days prior written
notice in the event that the City has the need to the space for other uses.
The annual rental to be charged is $1.00. Insurance is to be provided
saving the City of Buffalo harmless from any liability set forth pursuant to
Item #197, C.C.P. 3/31/87.
This office approves and recommends acceptance of this lease agreement.
MR. FAHEY moved:
That the communication from the Comptroller dated September 5, 1991 be
received and filed; and
That Cazenovia Park Hockey Association, Inc. be and hereby is authorized
to enter into a lease agreement with the City for use of rooms 29 & 30 at
former School 29. Said lease is to be effective October l, 1991 running for
one year with an annual rental of $1.00 and upon other conditions set by the
Comptroller's Office.
PASSED.
AYES- 13 NOES- 0.
No. 18
Abandonment of Portion
Portion of Asbury Alley
North Side of Chippewa
Item #138, C.C.P. 9/3/91
Your Honorable Body has requested a report from the Comptroller
regarding the above referenced item. The above referenced item is from RCB
Developments (US) ,Inc., the designated developer for 432-448 Pearl Street.
They are asking that the Council consider the abandonment of a portion of the
Alley to facilitate the residential development that they are proposing.
If Your Honorable Body votes to approve the abandonment and sale of
Asbury Alley. This Office, through the Division of Real Estate, will proceed
with the sale in accordance with Sections 513 & 514 of the City Charter. The
purchaser will be required to petition supreme court for the appointment of two
appraisers to establish and set a value on the City's interest in the abandoned
portion of Asbury Alley.
It should be noted that there are a number of privately held parcels
abutting Asbury Alley that would be affected by the closing. Article 21,
Section 390 of the Charter states "When the closing of a street or alley, or
part thereof, will cut off from all access to a public street or highway, any
property abutting on the street or alley, or part thereof, so closed, 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
In addition to the above this item should be referred to the City
Planning Board by Your Honorable Body for their recommendation and a report,
pursuant to Article 17, Section 317.1 of the City Charter.
The Office of the Comptroller 'has no objection to the abandonment and
sale of that portion of Asbury Alley requested by RCB Developments (US), Inc.
We will, therefore, employ our usual procedures in the event the Common Council
approves the request of RCB Developments (US), Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE NIAGARA
FRONTIER TRANSPORTATION AUTHORITY
No. 19
Permission to Negotiate
57 Landon, S 545' E Jefferson
Vacant Land: 30' x 110'
Assessed Valuation: $430
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. James Bryant, 55 Landon Street, Buffalo, New York to
purchase the above captioned property.
Mr. Bryant would like to purchase this property, which is next to his
home, in order to fence in and make it attractive buy planting new grass and
flowers.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were 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 be received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. James Bryant, 55 Landon Street for the private sale of 57 Landon, S. 545'
E. Jefferson and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 20
Results of Negotiations
263 Hickory, E 340' N William
Lot Size 32' x 122'
Assessed Valuation: $500
Item #21, C.C.P. 4/30/91
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 Benny R. Sheppard of 269 Hickory Street, Buffalo, New York 14204.
Reverend Sheppard has purchased the adjoining property at 269 Hickory Street
and intends to improve and beautify the subject property and use for yard
space.
An independent appraisal of the property was conducted by Dennis R.
Walker, Able Appraisal Associates, 2560 Bailey Avenue, Buffalo, New York 14215.
Mr. Walker has estimated the fair market value of the subject property to be
Fifteen Hundred Dollars ($1,500). The Division of Real Estate concurs with the
appraisers estimate of value.
The results of our negotiations are that Reverend Benny R. Sheppard has
agreed and is prepared to pay Fifteen Hundred Dollars ($1,500) for the subject
property. He will also pay for the cost of appraisal, transfer tax and cost of
the legal description.
I am recommending that Your Honorable Body approve the sale of 263
Hickory Street to Reverend Benny R. Sheppard, 269 Hickory Street, Buffalo, New
York 14202 for the sum of Fifteen Hundred Dollars ($1,500).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Rev. Benny R. Sheppard residing at 269 Hickory Street,
Buffalo, New York in the sum of $1,500.00 to purchase:
263 Hickory, E 340' N William
Lot size: 32' x 122'
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. 21
Results of Negotiations
123 Maple, E 760' N GoodeIl
Bill # 01911113111150
Lot Size 10' x 100'
Assessed Valuation: $300
Item #18, C.C.P. 7/9/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mrs. Ruth Dean of 127 Maple Street, Buffalo, New York 14204 to purchase
the above referenced property. Ms. Dean is purchasing this property in order
to use for additional yard space.
An independent appraisal of the property was conducted by Peter J. Hart,
Appraiser, 217 Linwood Avenue, Buffalo, New York 14209. The appraiser has
estimated the market value of the subject property to be One Hundred Dollars
($100). This represents approximately Ten Dollars ($10) a front foot. The
Division of Real Estate investigated the sale of similar vacant lots in the
area and has concluded that the sale prices range from Thirty-Six Dollars ($36)
a front foot to Seventy-Three Dollars ($73) a front foot. This would indicate
a value for the subject property to be in the neighborhood of Three Hundred and
Sixty Dollars ($360) to Seven Hundred and Thirty Dollars ($730) for the subject
property. The Division of Real Estate has informed me that the sales used by
the Appraiser, Mr. Hart, were sold in 1988 and do not represent the current
market values.
The results of our negotiations are that Ms. Dean has agreed and is
prepared to pay Three Hundred and Sixty Dollars ($360) for the subject
property. She has also agreed to pay for the cost of appraisal, transfer tax
and cost of the legal description.
I am, therefore, recommending that Your Honorable Body approve the sale
of 123 Maple Street to Ms. Ruth Dean, 127 Maple Street, Buffalo, New York 14204
in the amount of Three Hundred and Sixty Dollars ($360).
MR. FAHEY moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Mrs. Ruth Dean residing at 127 Maple Street in the sum
of $360.00 to purchase:
123 Maple, E 760' N GoodeIl
Lot Size 10' x 100'
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
Permission to Negotiate
250 Coit, W 180' N Paderewski
Vacant Land: 30' x 108'
Assessed Valuation: $400
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Charles H. Blanch of 254 Coit Street, Buffalo, New York to
purchase the above captioned property.
Mr. Blanch has been cleaning this City-owned lot and would like to
purchase this property, which is next to his home, for extra yard space.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are 110 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 be received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Charles H. Blanch, residing at 254 Coit Street for the private sale of 250
Coit, W. 180' N. Paderewski and report to this Honorable Body the results of
such negotiations.
ADOPTED.
No. 23
Demolition Procedures
Item No. 105, C.C.P. 9/3/91
In the above referenced item, Your Honorable Body has requested
information from the Comptroller, Inspections & Community Revitalization (I&CR)
and the Corporation Counsel regarding demolition procedures. The resolution
appears to have four resolves and asks for:
1. the step by step procedures for demolition of a dilapidated building
2. how many buildings are presently on the demolition list
3. time frame for demolition of a building
4. Suggestions to speed up the demolition process
The building sited in the above resolution, 2156-2162 Fillmore Avenue,
was acquired by the City of Buffalo through In Rem in 1986. In 1988, the
property was sold at a City Real Estate auction. Due to delays in closing, by
the purchaser, the sale was rescinded, the deposit forfeited, and the property
returned to the City's inventory, Item #62 C.C. P. 3/7/89.
With regard to resolve #1 - step by step procedures for the demolition of
a building - although the Comptroller's Office is not involved with the step by
step demolition process, the Division of Real Estate does request demolition of
buildings that are under its' jurisdiction. Frequent inspections are made by
Real Estate for properties under its jurisdiction and control. When it becomes
necessary to demolish one or more of these buildings due to severe
deterioration or fire damaged, a formal request is sent to the Department of
I&CR. Bids are solicited and awarded by I&CR and requires Common Council
approval.
Resolve #2 - how many properties are presently on the demolition list?
This office does not know how many properties are presently on the demolition
list. However, the Division of Real Estate has requested 21 properties to be
demolished this year. An inspection of all City-owned properties were
conducted and completed in April of this year. As a result of that inspection,
the 21 properties were deemed to be unmarketable and a request was made to I&CR
for demolition of same. To-date, demolition of 13 properties have been
completed at a cost in excess of $132,800.
Incidently, a request for demolition of 2156-2162 Fillmore was made June
4, 1991. On June 11, 1991 the Common Council approved the bid and demolition
of this property, Item #54, C.C.P. 6/11/91. Prior to awarding the bid, the
building had a fire which is believed to have been started by an arsonist.
Subsequently, the bid was awarded and the building was demolished several days
later.
Resolve #3 - What is the time frame for the demolition of a building? As
you can see in the above example from the time of request to the actual
demolition, it was only a matter of a few weeks. First of all, our experience
has been that the time frame varies depending upon the danger that exists from
the condition of the building to the health, welfare and safety of the
neighborhood and secondly, where a property poses no immediate danger, many
times the availability of funds becomes a factor.
Resolve #4 - Suggestions to speed up the demolition process - This past
year, I addressed your Honorable Body during budget deliberations and requested
that $1,200,000 be included in Capital projects portion of the budget for the
demolition and repair of City-owned buildings. The Common Council ultimately
approved that request. Many of the properties obtained through the In-Rem are
properties that have been abandoned and have out lived any useful purpose and
require demolition. However, there are some properties that could be
rehabilitated and restored to the tax rolls. We have been exploring various
ideas with the Department of I&CR and private contractors to identify
properties that could possibly be renovated into housing for low to moderate
income buyers.
In addition to reviewing and deliberating the inspection and demolition
process, you may want to consider: 1. legal process - Your Honorable Body
knows identifying and locating many of the owners is often very difficult.
Once owners of properties are located, the legal process is often lengthy and
many times does not produce immediate results. The City many times demolishes
the structure and must pursue the owner for the cost of the. demolition. Again
having the funds available for demolitions becomes an issue. 2. Providing
Sufficient Funds in the Budget -Your Honorable Body may provide additional
funds for demolitions during budget deliberations. Certainly, much has been
done and substantial monies spent by the City in improving many neighborhoods
in the City. Although improvements are being made in some neighborhoods
deterioration and abandonment of buildings continues to be a problem in other
aging neighborhoods.
It is my hope that the above comments and suggestions will assist the
Common Council in your discussions of the inspection and demolition process.
RECEIVED AND FILED.
No. 24
Info-Sal. Ord. Amend. 1991/1992
Appt. System Support Specialists
Item Nos. 057,028,029 C.C.P. 07/23/91
Your Honorable Council has referred to the Civil Service Committee
the appointments of two employees in the Department of Audit & Control,
Division of Data Processing to the positions of System Support Specialist.
These two positions were added in the amended 1991-92 Salary Ordinances. Upon
receiving notice that your Honorable Body referred the appointments to the
Civil Service Committee, this office decided to withdraw the implemented
payroll changes and continued to compensate the intended employees within the
paygrade they previously held. This was done so that the employees did not
receive any undue hardships or confrontations as indicated by the letters sent
by the Commissioner of Administration & Finance. For informational purposes,
the promoted employees are members of AFSCME Local 650 and have passed the
appropriate Civil Service Exam.
The administration has questioned your authority on the process of the Salary
Ordinance and subsequent amendments. We felt it was advisable to temporarily
suspend the promotion process until your Honorable Body reaffirmed Its
intention by an override of the mayor's veto.
Included in your Salary Ordinance Amendment, a total of seven positions were
amended and subsequently only two positions were vetoed and specifically
documented by Administration and Finance and the Law Department. It should be
noted that annually Council has amended the Division of Budget's submitted
Salary Ordinances with these positions remaining as allocated the following
years.
As indicated in the Civil Service Committee meeting of September 10,1991 the
Data Processing Division, through vacancy control, has saved over $18,000 in
this Budget year. This would equate to a $85,000 savings for 1991-92 if all
positions were not filled. The built in vacancy dollars of 3% equate to
$39,000. The dollars in question for these two positions are in effect less
than $8.000. No additional monies are requested or needed in the Data
Processing Salary Account.
The Commissioner of Administration & Finance supplied to your Honorable Body a
letter from this office dated July 23,1985. The City Auditor at that time sent:
Re: 1985-86 Salary Ordinance Amendments:
"As discussed with you at the July 22,1985 caucus the Department of Audit and
Control is in total agreement with your Honorable Body regarding the above. The
override of a mayoral veto concludes the legislative process. If one wishes to
challenge the legality of Council action, the proper process to follow is
through the New York State Court system.
The legal interpretation of ordinances passed by the Common Council is not an
administrative or executive function. Therefore, this office will issue
payments based upon the salary ordinances as amended by your Honorable Body."
By your Honorable Body approving the appointments of the two System Support
Specialist, we will respect your intention on the Salary Ordinance as amended.
Attachments: (1) Item #183, July 8,1985
(2) Job Duties
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 25
D. Jackson
Cancel Grass Cutting Charge
116/147 Glenwood
Item No. 133, C.C.P. 09/03/91
The above item has been referred to the Department of Assessment
for a report.
Debra L. Jackson is the owner of two vacant lots located at 116 and 147
Glenwood Avenue. She states in her letter of July 30, 1991, sent to
Council-member David A. Collins, that she should not have been billed for grass
cutting on these two vacant lots during the year of 1991. According to
Department of Sanitation records, grass cutting was completed on June 13, 1991
for the previously mentioned lots.
As of this date, this department has not received any communication from
Your Honorable Body directing that a Local Assessment Roll be prepared for
collecting grass cutting charges at the previously mentioned lots. Therefore,
I recommend that you refer this matter to the Department of Street Sanitation
to determine if, in fact, City Sanitation personnel had cut the grass on these
two lots during 1991.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION
No. 26
A. Thompson
Cancel Grass Cutting Charge
25 Laurel
Item No. 139, C.C.P. 09/03/91
The above item has been referred to the Department of Assessment
for a report.
According to the records of the Department of Street Sanitation, grass
had been cut on the vacant lot located at 25 Laurel Street sometime in 1989.
The owner of record during that time was Michael Cordella & wife. Under Item
#147, C.C.P. January 16, 1990, Your Honorable Body directed this department to
prepare a Local Assessment Roll for the purpose of collecting the grass cutting
charges for the previously mentioned lot. The grass cutting charges became a
lien on August 20, 1990.
The vacant lot was sold to Albert & Mattie Thompson at a County of Erie
In Rem Foreclosure Action No. 146 on June 14, 1990.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION
No. 27
Cancel Grass Cutting Charges
599-601 S. Division
Item No. 142, C.C.P. 09/03/91
The above item has been referred to the Department of Assessment
for a report.
Mrs. Wilcox is one of the owners of the vacant lots at 599 and 601 South
Division where grass was cut, according to the Department of Street Sanitation,
sometime between June and October of 1990.
Under Common Council Proceeding No. 143 of November 2714,90, the Local
Assessment for the grass cutting at the previously mentioned two lots was
approved by Your Honorable Body and became a lien on August 12, 1991. As of
this date, these liens are not paid. These liens, if they remain unpaid, will
be added to the first half of the City Tax Bill that will be issued on July
114,92. Mrs. Wilcox sent correspondence dated August 1414,91, to the City
Clerk, Charles Michaux, regarding the grass cutting Local Assessment at 599 and
601 South Division. In her correspondence to the City Clerk, Mrs. Wilcox
appears to be under the impression that her problem with these past due bills
for grass cutting in 1990 have been solved. According to this department's
records, Mrs. Wilcox' problem with these 1990 grass cutting bills has not been
resolved. Also, Mrs. Wilcox, in her letter to the City Clerk, appears to be
also addressing the issue of grass cutting on these same two lots during the
year of 1991.
Therefore, since Mrs. Wilcox states in her letter that she has the grass
cut on these two lots, every year, by a private contractor, I recommend to the
Common Council that the Sanitation Department review their records and
determine if, in fact, grass had been cut by City Sanitation personnel at these
locations during the years of 1990 and 1991.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION
No. 28
New Legislation
Veterans' Exemptions
This is to inform Your Honorable Body that the Division of Veterans
Affairs of the State of New York notified this department by letter dated
August 1, 1991 that Governor Cuomo signed legislation on July 241 1991 that
granted wartime status to veterans of conflicts in Lebanon, Grenada, Panama and
the Persian Gulf. One of the benefits granted under the previously mentioned
legislation is entitlement to a veteran's exemption on real property taxes.
Enclosed, for your information, is a copy of the Division of Veterans
Affairs previously mentioned letter of August 1, 1991.
This new State legislation is mandatory for local assessing jurisdictions
and does not require local legislation.
The Department of Assessment will be asking the various local print media
to publish this notice as a public service.
RECEIVED AND FILED.
No. 29
Tax Exemptions for Persons 65 Years of Age or Over
It has recently come to my attention that the Real Property Tax
Law affecting tax exemptions and the maximum income eligibility for elderly
property owners, 65 years of age or over, has been increased from $18,600 to
$19,800.
I am recommending that the Common Council direct the Law Department to
review this recent change to the Real Property Tax Law signed by Governor Cuomo
on July 26, 1991 and prepare the necessary Local Law, ordinance or resolution
if Your Honorable Body chooses to enact said legislation.
Based upon this department's interpretation of the new legislation, the
current income schedule would be expanded to add the following two new
categories:
Income but Less Than Exemption Percentage
18,600 19,200 15%
19,200 19,800 10%
If this new legislation is enacted, it would be applicable to
assessment-rolls prepared on the basis of taxable status dates occurring on or
after January 1, 1992.
Therefore, if Your Honorable Body chooses to enact this new legislation,
it must be written so that it applies to the tentative assessment roll of
December 1, 1992 for the fiscal year of 1993-94.
The following is the current Income Schedule for persons 65 years of age
or older:
Buffalo's Current Income Limit Schedule
Income but Less Than Exemption Percentage
Up to 15,000 50%
15,000 15,600 45%
15,600 16,200 40%
16,200 16,800 35%
16,800 17,400 30%
17,400 18,000 25%
18,000 18,600 20%
I will be available at your committee meetings in the event Your
Honorable Body needs further information concerning this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 30
Notification Serial # 8200
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 they appear on the agenda as an item of
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
2150 Elmwood Avenue
(Entrance to Tops Market)
Notification Serial #8201
ONE WAY STREETS
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 of
business.
That that part of Section 22 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by repealing thereto the following: -
ONE WAY STREETS
NAME OF STREET DIRECTION OF TRAFFIC
Midland Street between MOVEMENT
Almont Place and Albion Northbound
Place
Notification Serial #8202
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hentareby notifies your Honorable Body of
this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF
OF HIGHWAY LOCATION
Ojibwa Circle Between the north leg of
Both Sides Waterfront Circle and
Lakefront Blvd.
Notification Serial #8203
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item of
business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PARKING
PROHIBITED PORTION PROHIBITED PERIOD
OF HIGHWAY EAST SIDE WEST SIDE
Ojibwa Circle 9am-4pm 9am-4pm
Both Sides Mon,Tues,Wed,Thurs,Fri
Notification Serial #8204
TURNS PROHIBITED FACING STEADY RED SIGNAL
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 'fleeting at which they appear on the agenda as an item of
business.
That that part of Subdivision l of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: TURNS PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECTIVE PERIOD
Lorraine Abbott All Day
Notification Serial #8205
TURNS PROHIBITED FACING STEADY RIGHT SIGNAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer herby notifies your Honorable Body of this
action supplementing, emending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an its business.
That that part of Subdivision l of Section 38 of Chapter 479 of
Ordinances of the, City of Buffalo be supplemented by adding thereto the
following: TURNS PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECTIVE PERIOD
Northbound Abbott Lorraine All Day
Notification Serial #8206
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo,. the City Engineer hereby notifies your Honorable Body of this
action supplementing, emending, 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 of
business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following:
PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE
PARKING EFFECTIVE DAILY
EXCEPT SUNDAY
Abbott Road east side starting
At a point 125' north of the 1 Hour 7am-7pm
south curb line of Magnolia
Street extended and continuing
160' south therefor
Notification Serial #8207
TURNS PROHIBITED FACING STEADY RED SIGNAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an its business.
That that part of Subdivision 1 of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: TURNS PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECTIVE PERIOD
Military Rd. Hertel Avenue 7am-4pm
Notification Serial #8208
TURNS PROHIBITED FACING STEADY RED SIGNAL
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 of
business.
That that part of Subdivision 1 of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: TURNS PROHIBITED FACING STEADY RED SIGNAL
VEHICLES ON AT INTERSECTION OF EFFECTIVE PERIOD
Hertel Avenue Military Road 7am-4pm
RECEIVED AND FILED.
No. 31
Stop Signs - Daisy & Pansy Item No. 151, C.C.P. 09/03/91
Please be are specific. Daisy Place and Pansy Place do not intersect.
In reply to the Hamlin Park Community and Taxpayers Association letter of June
26, 1991 this Department has submitted for Ben Council approval the
installation of a stop sign on Viola Park at Pansy Place. Our investigations
also show that based on New York State Department of Transportation Standards,
stop signs are not warranted at the other requested locations.
RECEIVED AND FILED.
No. 32
"Authorization for Local Share of Various Federal-Aid Highway Projects"
The Congress of the United States has provided for the apportionment
of
Federal-Aid funds to the State of New York for the purposes of carrying
out Federal-Aid Highway projects. The State Commissioner of Transportation is
responsible for designating these funds to specific projects.
The Commissioner has identified a number of City of Buffalo highway
projects that are eligible for these federal funds. The projects require a 20%
to 25% local share to match the 75% to 80% federal contribution. In order to
designate these federal funds the Commissioner requires a commitment from the
City for l00% of the non-federal share of these projects. Such a commitment
would not preclude the City from seeking State assistance to provide a portion
of the non-federal share of funding.
The projects that have been identified with a breakdown of local and
federal share of costs and expected completion dates is attached.
This letter is to request Your Honorable Body to authorize the Mayor of
the City of Buffalo to execute all necessary agreements on behalf of the City
of Buffalo with the New York State Department of Transportation approving the
attached subject projects and providing for the City's participation in the
cost of the local share of these projects at a total cost for design,
right-of-way acquisition and construction not to exceed $15,222,000. It is
understood that this approval would not diminish the City of Buffalo's rights
under present procedures to review and commit on specific stages of the
projects.
The first Year's (1991-92) commitment of $809,000 can be provided by
funding currently available in the Consolidated Highway Improvements (CHIPS)
account. Local funding for subsequent years' could come from CHIPS grants,
State Marchiselli funding, City bond funds or a combination of any of the
above mentioned sources.
Your approval of these projects would commit $15,222,000 of local funding
over the next five years to secure $55,858,000 of federal aid for much needed
road and bridge work projects in the City of Buffalo.
MR.FAHEY moved:
That the communication from the Commissioner of Public Works dated
September 12, 1991, be received and filed; and
That the Mayor be and he hereby is authorized to execute all necessary
agreements on behalf of the City of Buffalo with the New York State Department
of Transportation approving the attached subject projects and providing for the
City's participation in the cost of the local share of these projects at a
total cost for design, right-of-way acquisition and construction not to exceed
$15,222.00, provided this approval would not diminish the City of Buffalo's
rights under present procedures to review and comment on specific stages of
these projects.
PASSED
AYES- 13 NOES- 0.
No. 33
Report of Bids - Repair to City
Curbs - 1991-1992 - Maintenance Contract
This is to advise your Honorable Body that I have advertised and
received bids on August 14, 1991 for Repair of City Curbs 1991-1992.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of Ark and material which will be
performed. The final cost of the Ark will be based on the actual measured
quantities of materials entering into the Ark and may be either more or less
than the total bid.
The following bids were received:
Surianello General Concrete Contractor, Inc. $51,407
Construction Pace Setters, Inc $63,195*
Campobello Construction Company, Inc. $65,750
Sunshine Concrete Company, Inc. $69,986*
M.Passucci, Inc. $82,310
Cemulini-Pecoraro Const.Corp. $118,830
*Corrected Total
I hereby certify that the lowest responsible bidder for the above project
is Surianello General Concrete Company, Inc., the cost thereof to be charged to
the O&M Account 100-401-014-561 in an amount not to exceed $51,407.
The engineer's estimate for this work is $60,000. 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 28, 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. 34
Reduction in Retention
Electrical Rehabilitation of the Ohio Street Lift Bridge
Ferguson Electric Construction Co.
Contract #91594400
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject contract.
The contractor has essentially completed the project, with one its
remaining to be completed. This its is a change order to the contract and is
for the repair of the elevators in the north and south towers.
Since the contractor has completed all original contract work I
respectfully request your Honorable Body's authorization to reduce the present
10% retention of the completed contract work ($90,458.00) to $4,523.00 or 5% of
the retention.
It is respectfully requested and I recommend that your Honorable Body
authorize a reduction in retention from $90,458.00 to $4,523.00 to Ferguson
Electric Construction Company.
MR. FAHEY moved:
That the communication from the Department of Public Works, dated
September 11, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
reduce the amount of contract retention on the City's contract with Ferguson
Electric Construction Co. (Contract #91594400) for the repair of the elevators
in the north and south towers of the Ohio Street Lift Bridge from $90,458.00 to
$4,523.00 (or 5 percent of the retention).
PASSED
AYES- 13 NOES- 0.
No. 35
"M. Overton - Request Paving Elmer St."
Item #152 C.C.P. September 3, 1991
With reference to the above item, the Department of Public Works
wishes to report the following:
The Division of Engineering has evaluated the pavement on Elmer St.
between Kensington Avenue and Amherst and has estimated the cost of resurfacing
at $25,700. As current funding will not allow us to complete this work this
fiscal year, we have selected Elmer St. for inclusion in the 1992-93 Overlay
Program.
RECEIVED AND FILED.
No. 36
11 East Mohawk requests permission to install awning which encroaches city
right of way.
Ms. Jennifer Engle of N.A.S.. Quick Signs, acting as agent for
Western Regional Off Track Betting (OTB), owner of the property located at 11
East Mohawk Street, has requested permission to install an awning which would
encroach city right of way at said address.
The proposed awning would measure forty two feet in length, four feet in
height, and be installed seven feet six inches above the public sidewalk.
The Department of Public Works has reviewed Ms. Engle's 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:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with five thousand dollar
construction in street bond which will indemnify 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 COMMlTTEE ON LEGISLATlON.
No. 37
268 Main Street requests permission to install signs which encroach city right
of way.
Mr. Paul A. Strada of N.A.S.. Quick Sign, acting as agent for
Mr. John Giardino, owner of the property located at 268 Main Street, has
requested permission to install two signs which would encroach city right of
way at said address.
The proposed signs would be attached perpendicular to the building face,
measure eight feet in height, three feet six inches in width. and project six
feet six inches into city right of way.
The Department of Public Works has reviewed Mr. Strada's application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs 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 signs.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
No. 38
1953-65 Seneca Street requests permission
to install awning which encroaches city right
of way
Mr. Robert Baumker of Wilcox Bros. Signs, acting as agent for
Mr. Daniel Saver, owner of the property located at 1953-65 Seneca Street, has
requested permission to install an awning which would encroach city right of
way at said address.
The proposed awning would measure four feet six inches in height, ninety
three feet in length on Seneca Street, thirteen feet in length on Melrose
Avenue, and project two feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Baumker's 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:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
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 AND THE CITY PLANNING BOARD
No. 39
Chippewa Street - Calumet Arts Cafe
Item No. 127 C.C.P. 09/03/91
Unrestricted parking exists on Chippewa Street after 6:00 pm.
on weekdays and after 4:00 pm. on weekends, in the vicinity of the Calumet Arts
Cafe. This Department does not provide preferential parking ad will not
provide such in this case since adequate on-street parking exists.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 40
Request Permission to Dispose of Printing Unit Machines
l respectfully request permission to dispose of a Townsend T-51
Head for a Multi 1250 Press (approx. 14 years old), an AM Varityper 1010, Model
DS2, City #26119 (approx. 20 years old) and an A.B. Dick Master maker, Model
675M, with conversion unit, Serial #620004 (approx, 14 years old) by means of a
trade-in on a Townsend T-51, Swing Away Printing Head.
MR. FAHEY moved:
That the communication from the Department of Police, dated September 9,
1991, be received and filed; and
That the Commissioner of Police be, and he hereby is authorized to
dispose of Printing Unit Machines as listed in the above communication.
PASSED
AYES- 13 NOES- 0.
No. 41
Annual Payment for Lease of Computer Equipment and Support Services Located at
the United States Customs Service at the Peace Bridge
I respectfully request an extension of contract number C13297B
between the City of Buffalo, Department of Police, and the County of Erie,
Central Police Services for a period of one (l) year from July 1, 1991.
Said contract covers the rental and maintenance of one (1) Sperry UTS 400
terminal and printer located at U.S. Customs, Peace Bridge Plaza.
The terminal has proven to be of great assistance to the Buffalo Police
Department in identifying and arresting fugitives crossing the border and also
in the confiscating of evidence and contraband that has crossed into Buffalo.
The operations and use of the equipment is closely monitored. If any
provisions of the contract are violated, services will be terminated per
section V.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Lease 635 Elk St.
Enclosed please find a lease agreement between the Mobil Oil Corporation
and the Buffalo Police Department.
Mobil Oil has offered to provide a lease for the building at 635 Elk
Street, Buffalo, New York for a period of five years at the nominal cost of
$1.00 per year.
This building would be utilized as the offices for the Police Community
Services Unit and the Crime Stoppers Crime Prevention Program.
Your approval will allow us to move the Police Community Services Unit
into a more accessible location as was recommended by the Chief's of Police
report.
Your consideration in this matter is greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION
COUNSEL.
No. 43
CERTIFICATE OF APPOINTMENT
Appointment to become effective September 11, 1991, in the Department
of Police Richard Ernst 21 Woodside, Buffalo, N.Y. 14220 to the position of
Motorcycle Mechanic, Permanent at the starting salary of $22,025.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
No. 44
Standardize Fire Helmets
C.C.P. 75 9/3/91
Listed below are the two (2) labels listed on the Morning Pride
Lite Force in Helmets:
MORNING PRIDE'S LITE FORCE V HELMET is constructed of advanced technology
KELVAR reinforced continuous strand fiberglass composites to provide maximal
strength with minimal weight, it exceeds the requirements of NFPA Std. #1972
NFPCA/NBSIR-77,ANSIZ89,I-969 and all applicable OSHA standards (federal and
state).
MORNING PRIDE MANUFACTURING,INC.
1986 Home Avenue, P.O. Box 557
Dayton, Ohio, U.S.A. 45417-0557
1-513-263-2683
Kelvar is a registered trademark of E.J.Dupont DeNemours Co.
CLASSIFlED BY UNDERWRITERS LABORATORIES INC. IN ACCORDANCE WITH THE NATIONAL
FIRE PROTECTION ASSOCIATION STANDARD FOR HELMETS FOR STRUCTURAL FIRE FIGHTING
(NFPA 1972-1987) 98U3
RECElVED AND FILED
No. 45
Request for Proposals for
Buffalo Firefighter Physicals
C.C.P. #74, And #141 9/3/91
The enclosed copies of responses to the request for Proposals
for Buffalo Firefighter Physicals are being filed as per request of Councilman
Rutecki.
RECEIVED AND FILED.
No. 46
ABANDONMENT AND CLOSING OF
PORTION OF MORLEY PLACE
ITEM 1159 C.C.P. SEPTEMBER 3, 1991
The Buffalo Fire Department has no objection to this proposal.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 47
3102-3106 Bailey Avenue
Condemnation
C.C.P. No. 25, 10/4/88
Pursuant to the authority vested by virtue of the above-referenced
Council Proceeding, the City of Buffalo acquired title to the above property on
July 24, 1989. Advance payment was made to the owner, Robert A. Cohen, In
accordance with the provisions of the Eminent Domain Procedure Law.
Subsequently, the condemnee filed a claim for additional damages, and the case
progressed towards trial on the issue of compensation.
The following is a breakdown of values relevant to the settlement
discussions which have taken place between the parties:
3102-3106 Bailey Avenue
Purchase Price paid by Robert A. Cohen, 11/85 $30,000
City Appraisal, Cash Realty $9,600
City Appraisal, J.J. Riley $8,200
City Appraisal, GAR Assoc. (court-ready) $30,300
Owner Appraisal, Northeastern $43,700
Assessment $21,400
You will note the substantial difference in the appraisals by Cash Realty
and J.J. Riley and all other figures. These appraisals, upon which the City
offers to Mr. Cohen were based, were erroneous in that the 1985 sale to Mr.
Cohen for $30,000 was not taken into consideration. These flaws resulted in a
substantial undervaluation of the property and exposed the City to additional
potential liability for condemnee's attorney's fees and other expenses under
Eminent Domain Procedure Law 701.
The owner has been paid an advance payment of $18,400. The owner has
expressed a willingness to settle this matter for an additional $20,600, for a
total of $39,000. In view of the probable outcome of a trial, and taking into
account the expense to the City of expert witnesses, as well as potential 701
liability, this department hereby recommends acceptance of the proposed
settlement. In addition, the owner is entitled by law to interest on the
$20,600 from July 24, 1989.
MR. FAHEY moved:
That the communication from the Corporation Counsel, dated August 29,
1991, be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to settle
the claim of Robert A. Cohen regarding the condemnation of 3102-3106 Bailey
Avenue for a payment of $20,600 plus accrued interest, pursuant to authority
granted in Item No. 25, C.C.P., October 4, 1988 for condemnation and to prepare
the necessary documents to complete this matter.
PASSED
AYES- 13 NOES- 0.
No. 48
Braco I - Refund of Tax Overpayment for 1990-91
On November 30, 1977, a contract was executed by the City of Buffalo
and Buffalo Rehabilitation Action Company (Braco 1) limiting its real property
tax liability as to certain parcels of real estate, pursuant to the authority
of and in accordance with Section 236 of the National Housing Act of 1968 and
Article V of the Private Finance Housing Law.
This contract places a yearly real property tax ceiling of $45,599.00 as to the
combined City and County taxes, and exempts the real property from any further
similar tax for a period of forty (40) years, beginning December 30, 1976.
Consequently, if in any one fiscal year the combined City of Buffalo and County
of Erie real property tax shall exceed $45,599.00, the taxpayer shall be
entitled to a refund of the excess.
This refund is apportioned between City and County, in accordance with the tax
rates prevailing at the time.
The parcels subject to the contract are:
210 Allen Street
359-375 Busti Avenue
279 Niagara Street
231 West Avenue
87 Whitney Place
74-88 Grant Street
346-348 Franklin Street
350 Franklin Street
352-354 Franklin Street
356 Franklin Street
922-928 Main Street
The present application covers the 1991 County and the 1990-91 City tax years
only and is as follows:
1990-91 City Tax $58,737.76
1991 County Tax 20,001.66
Total Tax Paid 78,739.42
Less combined ceiling 45,599.00
Overpayment 33,140.42
City's Share (.75x33,140.42) 24,855.32
Taxpayer requests a refund of $24,855.32
REFERRED TO THE COMMITTEE ON FINANCE
No. 49
Maryner Redevelopment Company, Inc. Request for Refund of 'Excess Tax Pursuant
to Contract
Item No. 179, C.C.P., July 9, 1985
On September 23, 1970, a contract was executed by the City of
Buffalo and Maryner Development Company, Inc., limiting its real property tax
liability as to 186 Efner, known as Maryner Towers Apartments, pursuant to the
authority of and in accordance with Section 236 of the National Housing Act of
1968 and Article V of the Private Finance Housing Law.
This contract limits real property taxes to a maximum of $711,000 per
year (City and County combined) and exempts the property from additional taxes
for a period of forty (40) years, beginning on the date on which the benefit of
this exemption first became available and effective. Amounts paid in excess of
the $74,000 ceiling must be refunded.
This refund is apportioned between the City and the County, in accordance
with the tax rates prevailing at the time:
1990-1991
1990-91 City Tax $77,715. 14
1991 County Tax 26,463.95
Total Tax Paid 104,179.00
Less combined ceiling 74,000.00
Overpayment 30,179.09
City's share (.75 x 30, 179.09) 22,634.32
Taxpayer requests a refund of $22,634.32
REFERRED TO THE COMMITTEE ON FINANCE
No. 50
Speed on Buffalo Waterways
Item No. 171, C.C.P., September 3, 1991]
You have requested the Law Department to report to the Council
on how to improve the regulation of speed of vehicles on Buffalo's waterways.
Please be advised that my staff is currently researching the issue with the
intent of drafting an ordinance specifically designed to regulate speed limits
as well as noise levels audible from shorelines. Towards this end, I have
personally attended a demonstration at the Erie Basin Marina along with other
City officials and law enforcement agency representatives.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 51
Inspections Procedures
Item No. 182, C.C.P., September 3, 1991]
You have requested the Corporation Counsel to make recommendations
which allow properties to be inspected by the Fire Department and Inspections
and Community Revitalization.
Please be advised that my staff has already prepared a search warrant form to
facilitate such inspections and has forwarded same to both departments along
with a cover letter clarifying the distinction between the City Ordinance
provisions and the Multiple Dwelling Law.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 52
Legal Fees - Arthur v. Doyle
Item No. 194, C.C.P., September 3, 1991]
The plaintiffs in the referenced proceeding applied to the Court
for, among other things, an order requiring the City of Buffalo to pay their
counsel fees. The issues were thoroughly researched and argued and the
application was denied by the Court. A copy of the Court's decision is
attached.
In light of this opinion and because the plaintiffs acted on their own
behalf without prior authorization, there is no legally Justifiable basis for
the City to pay their claim for legal fees.
RECEIVED AND FILED.
No. 53
Abandonment and Closing
of a Portion of Morley Place
Item No. 59, C.C.P., September 3, 1991]
You have referred the above item to the Law Department for comment.
As you know, the City may legally discontinue and abandon streets. However,
pursuant to Sec. 390 of the Charter, no street may be closed without the
consent in writing of the owners and mortgagees of record of the property
abutting the street or in lieu of such consent, payment of Just compensation to
those owners and mortgagees.
Because the Commissioner of Public Works strongly recommends this action and
because it appears that the closing of the street will not occur until the NFTA
has acquired all of the property abutting the street so that no abutting owners
will be denied ingress or egress, it is my opinion that such action is
permitted under the Charter provided Your Honorable Body approves such action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 54
Board of Education Vacancy
I received this morning your inquiry concerning a possible vacancy
on the Buffalo Board of Education.
You had asked for an opinion to be filed by 2:00 p.m. today. While I have
been reviewing the law in this area, my review is not complete and I will not
be able to give you an opinion by 2:00 p.m.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 55
Architectural-Engineering Services,War Memorial Stadium
Item No. 90, C.C.P. 09/03/91
requested by Your Honorable Body, I am providing copies of the
request for proposal letters our department sent to Duchscherer-Oberst Design
and Saratoga Associates in regard to construction contract administration for
the Site Development of War Memorial Stadium. The scope of work and 15 month
time period is the same as those quoted by Mr. Coles in his proposal of
1/28/91.
In addition, I take exception to statements in Mr. Coles letter of 9/5/91
to Council President George K. Arthur that they were not solicited in July for
a revised proposal or did not submit a proposal for revising the contract
documents. Prior to soliciting proposals from Duchscherer-Oberst and Saratoga,
Mr. Coles was contacted directly by telephone to confirm that his $100,000 fee
for construction contract administration was still a valid figure and he
concurred. Mr. Coles was also asked what his fee would be for revising the
contract documents and he responded that it would be at least equal to
Duchscherer-Oberst's or Saratoga's fee because he would be hiring them to do
the work anyway.
Mr. Coles original contract with a final contract amount of over $340,000
was for design and bidding services only related to the demolition and new
construction at the site. This contract was closed out several months ago and
our department is treating the construction contract administration as a new
contract.
RECEIVED AND FILED.
No. 56
Broadway Market Parking Ramp
Reconstruction of Lighting
Contract #91602400
On March 8, 1991, the City of Buffalo Department of Community
Development entered into contract with the Dobkin and Gold Electric Company, 6
Stetson Street, Buffalo, New York, to reconstruct the lighting system at the
Broadway Market Parking Ramp.
This contract, #91602400, in the amount of $81,880 is not proceeding as
scheduled, as the contractor is going out of business and no longer able to
complete this work. In the interest of avoiding a breach of contract, the
contractor has requested permission to assign the contract to the Weydman
Electric Company, 747 Young Street, Tonawanda, New York.
Accordingly, due to the importance of completing this project in a timely
manner, I have granted permission to assign the contract to the Weydman
Electric Company.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 57
INCREASE IN CONTRACT 91600700
DELAWARE PARK LAKE
SHORELINE RESTORATION - PHASE II
I hereby submit to Your Honorable Body the following Change Order
No. 2 on Contract 91 600700 with B.D.R., Inc. for the Delaware Park Lake
Shoreline Restoration - Phase II.
1 . Reshape steep bank on south shoreline and additional new plantings.
ADD $10,995.
2. Prune and treat 7 large red maples in Casino Plaza area
distressed due to compacted soil and dry conditions.
ADD 1,132.
3. Remove large dead maple tree near Lincoln Parkway steps to
Plaza. ADD 850.
4. Reshape slope at Spirehead knoll and additional new plantings.
ADD 6,711.
5. Cap old leaking test well near Delaware Avenue on east side of
Lake below frost line. ADD 250.
6. Eliminate aeration and lime from South shoreline.
DEDUCT 2,142.
7. Provide and install jute mesh at Scajaquada Expressway pedestrian
overpass and increase ratio of meadowgrass seed to wildflower mix.
ADD 3,478.
TOTAL ADD 21,274.
SUMMARY:
Original Contract Amount 423,414.
CHANGE ORDER NO. 1 4,000.
CHANGE ORDER NO. 2 (This Change Order) 21,274.
Revised Contract Amount 448,688.
These changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Project Landscape Architect, The Saratoga
Associates and the Department of Community Development and found to be fair and
equitable. Funds for this additional work are available in Capital Project
Account No. 200-717-510.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue Change Order No. 2 to B.D.R.,
Inc., as set forth above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated September 11, 1991 be and the same hereby is received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to issue a change order to B.D.R., Inc. in the amount of $21,274.00
for additional work under Contract 91600700 for work relating to Delaware Park
Lake Shoreline Restoration, with said cost to be charged against Capital
Project Account No. 200-717-510.
PASSED.
AYES -13 NOES- 0.
No. 58
INCREASE IN CONTRACT
MPJ CONTRACTING
K-MART SIDEWALKS AND CURBS
In June of 1991 M P J Contracting was awarded a contract in the
amount of $82,750.00 for sidewalks and curbs around the K-Mart project.
The contract inadvertantly excluded the following items for which the
contractor would like to be reimbursed. The items are as follows:
1 . Reset (9) nine manhole covers at $100.00 each.
$900.00
2. 60 cu. yds. of select #2 R.O.C. (Run of crusher) select fill to fill
in vault voids on Gibson St. at $ 18.00 cu. yd.
$1,080.00
TOTAL AMOUNT OF EXTRA WORK $1,980.00
During the Council recess, a substantial amount of this work was
completed to insure the turning over of the structure to the K-Mart Corporation
on September 16, 1991
Money for the additional work which totals $1,980.00 is available in Bond
Account 200-717-008. The new contract amount is now $84,730.00, with this
increase.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated September 11, 1991 be and the same hereby is received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to issue a change order to MPJ Contracting in the amount of
$1,980.00 for additional work under a contract for work relating to the K-Mart
Project, with said cost to be charged against Bond Account 200-717-008.
PASSED.
AYES- 13 NOES- 0.
No. 59
Add Change Order 11
Plumbing, Convention Center/
Hyatt Hotel Pedestrian
Walkway, Contract 9158900
As per Item 1156 of July 3, 1990 Your Honorable Body approved
a contract in the amount of $34,923 to the George H. Sander, Inc., 1911 Niagara
Street, Buffalo, New York, for plumbing 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) Reroute storm sewer as directed by the engineer
ADD $ 4,940
(2) Delete Pearl Street Cut DEDUCT 3,143
(3) Add sump pump in elevator pit ADD 786
TOTAL ADD $2,583
Upon approval of this change order, the contract will be increased and
closed out at $37,506.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development
dated September 12, 1991 be and the same hereby is received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to issue a change order to George H. Sander, Inc. in the amount of
$2,583.00 for additional work under Contract 9158900 for work relating to
Convention Center/Hyatt Hotel Pedestrian Walkway.
PASSED.
AYES- 13 NOES- 0.
No. 60
RCB Dev. - Abandon/Sell
Prt. Asbury Alley
Item No. 138, C.C.P. 9/3/91
RCB Developments, Inc. has been designated developer by the Buffalo
Urban Renewal Agency for 36-unit condominium project at 432-448 Pearl Street.
The developer's request to discontinue use and abandon a 177-foot section of
Asbury Alley is based on the need to provide sufficient off-street parking for
this project.
Given the above, we support the request by RCB Development, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
General Mills - Office and warehouse
at 6 City Ship Canal A.K.A. 54 S. Michigan Ave.
Item No. 143, C.C.P., September 3, 1991.
Attached for your information is the Full Environmental Assessment
Form and Draft Negative Declaration for the project captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development,
dated be received and filed; and
That "General Mills - Office and warehouse at 6 City Ship Canal (a/k/a 54
S. Michigan)" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment form (EAF) on this item which
has been completed by the applicant (Part l) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 62
S. Nichols - Application to
convert storefront to
take-out restaurant.
Item No. 145, C.C.P., September 3, 1991.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That "S. Nichols - Application to convert storefront to take-out restaurant at
1965 Seneca Street)" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval power over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment form (EAF) on this
item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 63
R. Cauley - Application to Convert an Existing Take-out
Restaurant to a Sit-in Restaurant at 1855 Hertel
Item No. 146, C.C.P. 9/3/91
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
MR. FAHEY moved:
That the Communication from the Commissioner of Community Development,
dated be received and filed; and
That "R. Cauley - Application to convert an existing take-out restaurant
to a sit-in restaurant at 1855 Hertel Avenue)" is an unlisted action as defined
in 6 NYCRR Part 617.2. The Common Council has approval power over this item,
and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 64
Ganco Inc. - Request to erect a boat storage building at
1-3 City Ship Canal.
Item No. 148, C.C.P., September 3, 1991.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF STREETS
No. 65
Claim submitted by Dr. Joseph Bruzgul, Jr. for Veterinary Services for the
period of June 30, 1990 - June 30, 1991.
The Professional Services contract for Veterinary Services for
the Small Animal Shelter for the period of June 30, 1990 - June 30, 1991 was
for $47,500.00. Dr. Joseph Bruzgul, Jr., D.V.M. received $45,000.00 and has
submitted a claim for the remaining $2,500.00.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 66
Grass Cutting Charges
Items #133, #139, #142
C.C.P. September 3, 1991
Regarding Item #133 - (116/147 Glenwood) Item #142 - (599-601
S. Division St)
My foreman and crew rechecked the areas above and again stated that they did
cut the grass at these locations.
Regarding Item #139 - Upon rechecking this location, we found that we used the
wrong address and did not cut the property located at 25 Laurel.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
Cancel Grass Cutting Charges 286 Myrtle Avenue (ARGC 550)
I am requesting the abatement of grass cutting invoice ARGC 550
for work performed on August 10, 1990 at 286 Myrtle Avenue. Property owner
Joseph A. Felicetta, 35 Roosevelt, Buffalo, MY 14215. The tax bill no. is
00045800.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 68
Report of Bids for Asbestos
Survey - 124 Edna Place -
School No. 48
Due to New York State Code Rule No. 56 and Chapter 520 of the
New York State Labor Law, pre-demolition asbestos surveys are required prior to
the demolition of any structure.
Please be advised, therefore, that offers for this survey were solicited on
July 12, 1991. Nine (9) contractors were solicited and two (2) contractors
submitted bids. The contract will be awarded to the following responsible
bidder:
ADDRESS AND OWNER AMOUNT OF BID AND CONTRACTOR
124 Edna Place $2,020.00
School No. 48 Empire Building Diagnostics, Inc.
City of Buffalo
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 Account No. 100-241-011-00-583.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization dated August 27, 1991, be received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
he hereby is authorized to award a contract for Asbestos Survey at 124 Edna
Place - School No. 48 to Empire Building Diagnostics, Inc. the lowest
responsible bidder in the amount of $2,020.00, with said cost to be charged
against this department's Account 100-241-011-00-583.
PASSED
AYES- 13 NOES- 0.
No. 69
Report of Emergency Bid for Demolition of 124 Edna Place, School No. 48
As requested by the City Comptroller Joel Giambra, our office
solicited bids for demolition of the remaining portion of the building located
at 124 Edna Place, also known as School 48.
Please be advised, therefore, that offers to demolish were solicited on August
21, 1991. Fourteen (14) contractors were solicited and seven (7) contractors
submitted bid offers. The contract will be awarded to the following responsible
bidder:
ADDRESS AND OWNER CONTRACTOR AND AMOUNT OF BID
124 Edna Place Integrated Waste Special Services
School No. 48 $192,720.00
City of Buffalo
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to this department's Capital Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE
No. 70
Transfer of Title, Urban Homestead Program 82 Doyle Avenue
Lot Size - 2.45 x 112'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 85 Doyle Avenue lot size 2.45' x 112'; and it
has been determined that this parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Theodore C. Leber & Jacqueline A. Karek 83 Doyle Avenue 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.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Theodore C. Leber & Jacqueline A.
Karek on the condition that 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 85 Doyle Avenue (2.45 x
112') is hereby designated as Homestead Property, and that the Mayor be, and he
hereby is, authorized to execute a deed transferring said property to Theodore
D. Leber and Jacqueline A. Karek, 83 Doyle Avenue 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.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 71
"Salary Ordinance Amendment - Police"
Item No. 187, C.C.P. September 3, 1991
At the Common Council Civil Service Committee meeting on September
10, 1991, Council President Arthur questioned the propriety of the salary
ordinance amendments relating to the provisions Of the labor class and
requested documentation supporting the establishment of the labor class.
Attached is a copy of Common Council proceeding #51 for the meeting of
November 13, 1979 with the approving motion, sponsored by Council Member
Arthur, for the Memorandum of Agreement which established the labor class.
This labor class provision was part of the contract implemented for the period
of July 1, 1978 through June 30, 1980 and is still in effect today.
The salary ordinance amendments being considered by the Council's Civil
Service Committee are merely to comply with the provisions of this Memorandum
of Agreement. In the Police department vacant Cleaning Worker positions are
being converted to the title Laborer I and in the Streets department, a vacant
Laborer position is converted to the title of Laborer II as required by the
provisions of the union contract.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 72
Reply to Audit
ITEM #29 C.C.P. MAY 28, 1991
The above referenced item was referred to this office for comment.
It is an audit report on the operations of Memorial Auditorium for the period
July l, 1988 to June 30, 1990.
The audit was critical about a number of revenues that were posted to the
wrong accounts and the lack of follow-up on collecting accounts receivable. It
suggested the Administration and the Common Council review the need for the
creation of an Accountant position in the Auditorium's enterprise fund budget.
Subsequent to the audit, my staff has met with the City Auditor's and
Auditorium staff to discuss the audit findings and recommendations.
Many of the problems noted in the audit related to the reorganization of
the Sabres lease which consolidated the rental payments from many different
accounts to one lease payment account.
The meetings addressed the need to post revenues to the correct accounts
and to bill organizations renting the Aud on a more timely basis. It is my
belief that as a result of the discussions and the willingness of the aud staff
to follow the advice of the Audit Division the concerns of the audit report
will be appropriately addressed and rectified by the Aud's existing staff.
It must be noted that the audit report itself stated, "Notwithstanding
the many recording and timing errors, it is our opinion that all revenues
received were deposited with the city of Buffalo Treasurer's office". The
problems were more with form than substance. Now that the audit division has
made clear how they want revenues recorded, the staff at the Aud will comply
with those suggestions.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 73
Free Use Of Memorial Auditorium
'The Department of Human Resources, Division For Youth, request
approval fro Your Honorable Body to use the facilities at Memorial Auditorium,
free of charge, on Saturday, December 7, 1991.
The purpose of this request is the hosting of the 6th Annual Al Pastor Memorial
High School Invitational Basketball Tournament. This event enables area high
school students the opportunity to compete in a quality basketball tournament.
MR. FAHEY moved:
That the communication from the Department of Human Resources dated
September 10, 1991, be received and filed; and
That the Commissioner of Memorial Auditorium be, and he hereby is
authorized to grant free use of the Auditorium on December 7, 1991 for the 6th
Annual Al Pastor Memorial High School Invitational Basketball Tournament.
PASSED
AYES- 13 NOES- 0.
No. 74
Salary Ordinance Amendment Division of Substance Abuse Services 1 Deputy
Director of Substance Abuse Services
Res. #189, C.C.P. September 3, 1991
As per the request of the Common Council Civil Service Committee,
attached please find the following information in relation to the above
referenced item:
l. A copy of the consultant's report dated October l, 1990.
2. The job description for the position of Director of Substance Abuse
Services. Please note that this is not a formal job description, but contains
guidelines for this position. As per the City of Buffalo Civil Service
Commission, the formal job description can be found in the City Charter.
3. A detailed explanation of the funding source for the position of Director
of Substance Abuse Services.
4. A copy of the new organizational structure for the Division of Substance
Abuse Services. Please note that this is a proposed re-organizational
structure, contingent upon the approval of the Deputy Director position.
5. The job description for the Deputy Director position.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 75
CERTIFICATE OF APPOINTMENT
Appointment to become effective August 30, 1991, in the Department
of Human Resources Division of Substance Abuse Services Edwin Hernandez 499
Delaware Ave., Buffalo, N.Y. 14202 to the Position of Counselor III,
Provisional, at the starting salary of $21,021.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
CERTIFICATE OF APPOINTMENT
Appointment to become effective September 10, 1991, in the Department
of Human Resources Division of Substance Abuse Services, Barbara Warren-Jones
334 Mortimer St., Buffalo, N.Y. 14204 to the position of Counselor III,
Provisional at the starting salary of $23,097.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 77
Waiver of Requirement for Performance Bond for Glock, Inc. for Purchase of
Semi-Automatic Pistols for the Dept. of Police
Bids were opened on Wednesday, August 21, 1991, for 20 semi-automatic
pistols for the Police Department. Glock, Inc., 6000 Highlands Parkway, Smyrna
GA, submitted the only bid, which was for a total of $7,768.00.
Since this amount is over $5,000, a performance bond is required. These bonds
(or a bank letter-of-credit) have become too expensive for a small business
such as Glock, Inc. I am therefore requesting permission to waive this
requirement, as per Item #183, C.C. P. dated December 8, 1987. We have made
purchases under $5,000 from this company previously, and find them reliable.
MR. FAHEY moved:
That the communication from the Commissioner of General Services, dated
September 11, 1991, be received and filed; and
That pursuant to Section 96-7 (B) of the Buffalo Code, the Commissioner
of General Services be and he hereby is authorized to waive the performance
bond for the contract with Glock, Inc., for the purchase of 20 semi-automatic
pistols for the bid price of $7,768.00.
PASSED
AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI-
9.
NOES- AMOS, ARTHUR, COLLINS, PITTS- 4.
FROM THE ZONING BOARD OF APPEALS
No. 78
Laundry Oper. - 300 Northampton
Item #170 C.C.P. September 3, 1991
In response to the above referenced item, please be advised that
the laundry operation at 300 Northampton is a permitted use via a re-zoning of
290-300 Northampton and 165-175 Eaton from R2 - Residential to CM - General
Commercial by the Common Council in 1969 and 1970 respectively. There have been
no requests to the Zoning Board of Appeals for variances from the zoning
ordinance since that time.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON
FROM THE CITY CLERK
No. 79
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1947 Seneca St. Melrose Lounge M. & T. Zajac & M Cansdale
346 Military Rd. Riverside Pk. Inn of Tonawanda, Inc.
RECEIVED AND FILED.
No. 80
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- V. Copeland
Public Works- J. Aguglia, T. Sands, G. Schwallie
Police- A. Campbell, L. Denny, J. Trabert, C. Vanini
Street Sanitation- T. Schmelzinger, S. Wiles
Human Resources- T. Aquino
RECEIVED AND FILED.
No. 81
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
Board of Stadium and Auditorium (2)
Buffalo Sewer Authority
City Planning Board
Civil Service Commission (7)
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 82
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 Sept. 10, 1991 in the Department of City Clerk
Raynette M. Neal, 814 Glenwood Ave., Bflo, NY 14211 to the position of Intern
II seasonal at the starting salary of $4.25 per hour.
Appointment to become effective Sept. 4, 1991 in the Department of City Clerk
Dawn Raslawsky, 57 North Ogden St., Bflo, NY 14206 to the position of Intern
III, seasonal at the starting salary of $5.00 per hour.
Appointment to become effective Sept. 5, 1991 in the Department of the City
Clerk Laura J. McClusky 18 Stanislaus St., Buffalo, 14212 to the position of
Intern III, seasonal at the starting salary of $5.00 per hour.
Appointment to become effective Sept. 4, 1991 in the Department of City Clerk
to the position of Intern IV, seasonal at the starting salary of $6.00 per
hour.
Lisa Bell 6 W. Balcom St. Buffalo, N.Y 14209
Eddie Negron 35 Hudson Buffalo 14201
Appointment to become effective Sept. 10, 1991 in the Department of the City
Clerk Roscoe C. Henderson, III, 338 Watson St., Bflo, NY 14212 to the position
of Intern IV, seasonal at the starting salary of $6.00 per hour.
No. 83
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 Sept. 3, 1991 in the Department
of Audit and Control, Division of Audit Rosmarie McKenna, 1217 Delaware Ave.,
Bflo, NY 14209 to the Position of Assistant Auditor Temporary at the starting
salary of $22,876.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective Sept. 3, 1991 in the Department
of Assessment Joseph A. Montana, Jr., 104 Niagara Falls Blvd., Bflo, NY 14214
to the position of Clerk, seasonal at the starting salary of $5.00 per hour.
FROM THE DEPARTMENT OF PARKS
Appointments to become effective Sept. 5, 1991 in the Department
of Parks, Division of Recreation, to the position of pool attendant, seasonal
at the starting salary of $4.50 per hour.
Daniel Smith 62 Ideal Buffalo, New York 14206
Teresa Hyland 47 S. Legion Drive Buffalo, New York 14210
Regina Barrett 5 Riverview Buffalo, New York 14210
Mark Flanagan 3 Hammerschmidt Buffalo, New York 14210
Heather Mills 20 N. Ogden Buffalo, New York 14206
Fred Mosca 8 Dorrance Buffalo, New York 14220
Patricia Shanahan 50 Choate Buffalo, New York 14220
John Schweikhard 136 Sheffield Buffalo, New York 14220
Bridget Shanahan 344 Downing Buffalo, New York 14220
Sean Eagen 40 Pries Buffalo, New York 14220
Kate Bohen 156 McKinley Buffalo, New York 14220
Appointments to become effective September 5, 1991 in the Department of Parks,
Division of Recreation to the position of Fee Collector, Seasonal at the
starting salary of $4.75 per
Mary Doyle 42 Cumberland Buffalo, New York 14220
William Fitzpatrick 56 Hansen Buffalo, New York 14220
Mary Ann Burvid 128 Sheffield Buffalo, New York 14220
Lynn Milks 409 Abbott Road Buffalo, New York 14220
Eugene Heftka 30 Warren Buffalo, New York 14212
Appointment to become effective Sept. 5, 1991 in the Department of Parks
Division of Recreation to the Position of Lifeguard Seasonal at the Starting
Salary of $5.00 hr.
Christina Gannon 166 Choate Buffalo, New York 14220
Ellen Frost 59 McKinley Buffalo, New York 14220
Shannon O'Rourke 712 McKinley Buffalo, New York 14220
John Granville 7 Marine Drive Buffalo, New York 14202
Daniel Griffin 24 Robin Buffalo, New York 14220
Roger Harrington 79 Norman Buffalo, New York 14210
Karl Kozlowski 76 Howell Street Buffalo, New York 14207
Daniel Karlinski 349 Walden Buffalo, New York 14211
Matthew Lalley 21 Edgewood Buffalo, New York 14220
Ann Manley 4 Britt Buffalo, New York 14220
William Whelan 108 Hammerschmidt Buffalo, New York 14210
Tony Gajkowski 1326 Broadway Buffalo, New York 14212
Kevin McDonnell 816 Tacoma Buffalo, New York 14216
Jennifer Lane 49 Barnard Buffalo, New York 14206
Appointment to become effective Sept. 5, 1991 in the Department of Parks,
Division of Recreation to the Position of Supervising Lifeguard Seasonal
Starting Salary of $5.75 hr.
Scott Noga 56 Gatchell Buffalo, New York 14212
Joseph Langdon 311 Downing Buffalo, New York 14220
Mark Lalley 21 Edgewood Buffalo, New York 14220
Michael Kane 184 Tuscarora Buffalo, New York 14220
Karen Lalley 81 Densmore Buffalo, New York 14220
Paul Flanagan 43 Hammerschmidt Buffalo, New York 14210
Appointments to become effective Sept. 5, 1991 in the Department of Parks
Division of Recreation to the Position of Special Service Instructor I,
Seasonal at the Starting Salary of $6.25 hr.
Diana Erdt 89 Lombard Street Buffalo, New York 14212
David Phillips 198 Millicent Buffalo, New York 14215
Eugene Mullen 1567 S. Park Buffalo, New York 14220
Michelle Karlinski 349 Walden Avenue Buffalo, New York 14211
Appointment to become effective Sept. 5, 1991 in the Department of Parks,
Division of Recreation to the Position of Laborer II Seasonal at the starting
Salary of $6.65 hr.
John J. O'Leary
100 Ryan Street
Buffalo, New York 14210
Vincent McCarthy 26 Sunset Buffalo, New York 14216
Appointment to become effective Sept. 9, 1991 in the Department of Parks
Division of Parks Peter Mann, 48 Downing St., Bflo, NY 14220 to the Position of
Laborer Seasonal at the starting Salary of $6.65 hr.
FROM THE DEPARTMENT OF POLICE
Appointment to become effective Aug. 30, 1991 in the Department
of Police to the Position of Police Officer, permanent at the starting salary
of $22,727
Eduardo M. Arana 223 Heath Street Buffalo, NY 14214
Larry D. Cavins 127 East Amherst Buffalo, NY 14214
Thomas C. Stroehlein 63 Knox Avenue Buffalo, NY 14216
Joseph M. Cook 463 South Legion Drive Buffalo, NY 14220
Ronald Hunter Jr. 96 Shirley Ave. Buffalo, NY 14215
John A. Lopez 60 South Street Buffalo, NY 14204
Mark Slawek 276 Barnard Buffalo, NY 14206
Sherry L. Trimper 50 Lawrence Place Buffalo, NY 14213
Stephen S. Stribing 208 Barnard, lower front Buffalo, NY 14206
Darryl D. Williams 147 Brinkman St. Buffalo, NY 14211
Carol A. Williams 514 Strockbridge Ave. Buffalo, NY 14215
Cheryl M. Smith 196 Sheffield Avenue Buffalo, NY 14220
Frank J. Carey 213 East Street Buffalo, NY 14207
Michael J. Bowen 102 Macamley Street Buffalo, NY 14220
Kimberly E. Eisenried 190 Sanders Road, Apt. #1 Buffalo, NY 14216
Kathleen A. Ford 138 Ridgewood Buffalo, NY 14220
Joy L. Norton 75 Davey Street #2 Buffalo, NY 14206
Timothy Pringle 150 Moselle Buffalo, NY 14211
Reid Saffron 103 Purdy Buffalo, NY 14218
Appointment to become effective Sept. 3, 1991 in the Department of Police,
Thomas P. Cino, 25 Rebecca Pk., Bflo, NY 14207 to the position of Police
Officer, Permanent at the starting salary of $22,727.
FROM THE DEPARTMENT OF FIRE
Appointment to become effective Sept. 9, 1991 in the Department
of Fire to the position of Firefighter, Permanent at the starting salary of
$22,732
Michael J. Mehltretter 106 Weyand Street Buffalo, New York 14210
Brian A. Maloney 89 Flower Street Buffalo, New York 14214
Mark P. Hurts 81 Hamper Street Buffalo, New York 14210
Keith E. Burke 555 Stockbridge Avenue Buffalo, New York 14215
Daniel M. Cunningham 316 Whitfield Ave. Buffalo, New York 14220
Richard P. Johnson 83 Philadelphia Street Buffalo, New York 14207
Richard L. Snyder 128 Ryan Street Buffalo, New York 14210
William C. Stevenson 123 Laird Avenue Buffalo, New York 14207
Paul J. Britzzalaro 138 Louisiana Street Buffalo, New York 14204
Thomas B. Bunk 230 Ashley Street Buffalo, New York 14212
Raymond J. Hrug 153 Shenandoah Road Buffalo, New York 14220
Philip J. Losi 80 Crestwood Avenue Buffalo, New York 14216
Scott C. Wiles 323 Whitfield Avenue Buffalo, New York 14220
Gary M. Schwallie 64 Academy Road Buffalo, New York 14211
John W. Hunz 40 Folger Street Buffalo, New York 14220
Kenneth C. Stoller 887 Prospect Avenue Buffalo, New York 14213
Laurence, Zientek 90 Elk Street Buffalo, New York 14210
Bruce A. Barrea 152 Davey Street Buffalo, New York 14206
Scott D. Clowers 60 Verdi Walk Buffalo, New York 14201
Kim Kiszewski 136 Liddell Street Buffalo, New York 14212
Michael D. Whitfield 362 West Avenue Buffalo, New York 14201
Keith J. Sweat 214 Madison Street Buffalo, New York 14206
Robert Jackson 44 Fennimore Avenue Buffalo, New York 14215
Faye L. Moses 229 Cedar Street Buffalo, New York 14204
Vernon L. Edwards 615 Wyoming Avenue Buffalo, New York 14215
Ramon Suarez 966 Lafayette Avenue Buffalo, New York 14209
Edwin O. Ortiz 378 Maryland Street Buffalo, New York 14201
Ellen P. Marsh 400 Cornwall Avenue Buffalo, New York 14215
Maurice Birdsong 128 Marigold Avenue Buffalo, New York 14215
Rafael A. Ortiz 60 Norman Street Buffalo, New York 14210
Daniel Renkas 325 Cumberland Avenue Buffalo, New York 14220
Thomas Schmelzinger 978 Abbott Road Buffalo, New York 14220
Appointment to become effective Sept. 16, 1991 in the Department of Fire to the
Position of Fire Lieutenant, contingent permanent at the starting salary of
$35,584.
Louis A. Angrisano 601 Richmond Ave. Buffalo; New York 14222
David Marciniak 247 Wayside Drive Depew, New York 14043
Appointments to become effective Sept. 16, 1991 in the Department of Fire to
the Position of Fire Lieutenant, permanent at the starting salary of $35,584.
Daniel J. Kunz, 8355 Hollyhill Ct., Eden, NY 14057
Marc Cheman 7361 Eddy Road Colden, New York 14033
Edward J. Danahy 86 Cindy Drive Williamsville, New York 14221
Gregory Weigen 69 Campbell Avenue Buffalo, New York 14216
Timothy Esford 125 Woodside Avenue Buffalo, New York 14220
James J. Hynes 85 Mumford Street Buffalo, New York 14220
Thomas M. Fitzpatrick 421 Woodside Ave. Buffalo, New York 14220
Walter R. Coakley 91 Ramona Avenue Buffalo, New York 14220
Daniel J. O'Connor 1158 Indian Church, Rd Buffalo, New York 14224
Appointment to become effective Sept. 16, 1991 in the Department of Fire
Charles F. Mullins, 80 Hickory D., Elma, NY 14059 to the position of Fire
Captain, contingent permanent at the starting salary of $37,320.
Appointments to become effective Sept. 16, 1991 in the Department of Fire to
the Position of Fire Captain, permanent at the starting salary of $37,320
James M. Kelly 238 Fawn Trail West Seneca, New York 14224
John C. Hess 203 Capen Blvd. Amherst, New York 14226
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective Sept. 3, 1991 in the Department
of Street Sanitation, Mark D. Hill, 931 Prospect Ave., Bflo, NY 1421, to the
Position of Laborer II Seasonal Starting Salary of $6.65 per hour.
Appointment to become effective Sept. 5, 1991 in the Department of Street
Sanitation to the Position of Laborer I, Seasonal at the starting Salary of
$6.65 per hr.
Tracy W. Grant 100 Columbus Avenue Buffalo, New York 14220
Anthony T. Haeick 153 West Delavan Avenue Bflo, New York 14213
James D. Hanrahan 73 Choate Avenue Buffalo, New York 14220
Patrick T. Driscoll 138 Bloomfield Avenue Buffalo, New York 14220
Mark T. Marren 93 Roanoke Parkway Buffalo, New York 14210
Appointment to become effective Sept. 9, 1991 in the Department of Street
Sanitation to the Position of Laborer II, Seasonal at the starting salary of
$6.65 per hour.
Michael J. McCarthy 376 McKinley Pkwy Buffalo, N.Y. 14220
Daniel G. Herlihy 195 Aldrich Buffalo, NY 14220
Appointment to become effective Sept. 10, 1991 in the Department of Street
Sanitation to the Position of Laborer II Seasonal at the starting salary of
$6.65 per hour.
Joseph B. Bochenski 47 Sweet Avenue Buffalo, New York 14212
Kevin M. Kennedy 205 Harding Road Buffalo, N.Y. 14220
FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment to become effective Sept. 9, 1991 Department of Administration
and Finance Division of Parking Enforcement to the position of Clerk, Seasonal
at the Starting Salary of: $5.00/hour
Tina Marie LaPiana 15 Commonwealth Avenue Buffalo, NY 14216
Cherita L. Lipford 460 E. Utica Buffalo, NY 14208
NON-OFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 84
AUTUMN INDUSTRIES, INC.
Kingsley Park Remediation
As you are probably aware, Autumn Industries, Inc. of Warren,
Ohio has been awarded the contract to remediate the Kingsley Park Site in
Buffalo, New York that is adjacent to your property.
Autumn Industries, Inc. will be removing soil contaminated with arsenic
and will take every precaution to protect you and your property.
Our goal is to keep dust to an absolute minimum, however, in the event
our monitors would pick up the presence of air contaminants, we would like you
to be aware of the following procedures and conditions at the site.
Item I: Autumn Industries, Inc. will have the areas of excavation secured.
Please stay out of the yellow taped areas. In the event you have questions or
concerns, please contact me at 1-800-447-2116 in Warren, Ohio or contact our
personnel at the project trailer that will be located at Kingsley Road. We
will be more than happy to explain our equipment and procedures.
Item II: If you hear three consecutive air horn blasts, please leave the
area as soon as possible. The fact that the air horn may sound does not mean
that you are immediately in danger but rather air contaminants on site
indicates the potential of danger and all personnel not properly trained in the
use of respiratory protective equipment must be evacuated from the area.
Item III: At the end of the incident one five second continuous blast shall
indicate an all clear situation.
If anyone in your home is disabled and not able to remove themselves from
their home in the event of any evacuation, please let us know so that
appropriate arrangements can be made in the event of an alarm.
Once again, if you have any questions or need further information, please
contact me at 1-800-447-2116.
REFERRED TO THE COMMITTEE ON FINANCE, ENVIRONMENTAL MANAGEMENT COMMISSION, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF HUMAN RESOURCES.
No. 85
KOLBE CATHOLIC SCHOOL
As you may know, Catholic schools in Buffalo have been going through
a regionalization process, combining to form new schools with new names. Kolbe
Catholic School, with one campus located on Swinburne Ave. in Buffalo, is one
of these new schools.
With public awareness a serious concern, we request permission to hang a
banner across Broadway between Swinburne and Quincey St. for the Pulaski Day
Parade on Sept. 14, 1991. It will be left up no longer than two weeks from that
date.
The banner will be hung between two private businesses on a cable
previously installed for that purpose.
We understand that this action will be approved retroactively at the
Common Council meeting on Sept. 21, 1991.
Any correspondence or questions may be directed to me at 895-3127 or to
the Cheektowaga Campus address. Thank you for your cooperation and God bless
you!
MR. FAHEY moved:
That the communication from Kolbe Catholic School dated September 11,
1991 be and hereby is received and filed; and
That Kolbe Catholic School be and hereby is retroactively authorized to
hang a banner across Broadway between Swinburne and Quincey Street for the
Pulaski Day Parade on September 14, 1991.
PASSED.
AYES- 13 NOES- 0.
PETITIONS
No. 86
John T. Price, owner, petition to use 265 Germania for a 1
story metal warehouse addition for a trucking company.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 87
C. Pecora, owner, S. Aldhara, agent, petition to use 914-916
Elmwood for a sit-in and take-out restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 88
Appointment
Public Works/Building Superintendent
That Communication No 45 CCP Jul 23, 1991 be received and filed
and the Provisional appointment of Dominic N. Macri stated above at the
Intermediate salary $34,160.00 effective on Jul 1, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 89
Notices Of Appointments (C.Clerk)
(Item # 90 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 90
Appointment
Audit & Control/Principal Accountant
That Communication No 32 CCP Sep 3,1991 be received and filed
and the Temporary appointment of Antoinette M. Klimeczko stated above at the
Intermediate salary $36,723.00 effective on Jul 23, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 91
Appointment
Public Works/Truck Driver
That Communication No 60 CCP Sep 3, 1991 be received and filed
and the Permanent appointment of Stephen Trimper stated above at the Maximum
salary $21,729+700 Ig effective on Jul 22, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 92
Appointment
Public Works/Water Meter Tester
That Communication No 61 CCP Sep 3, 1991 be received and filed
and the Permanent appointment of James R. Krowka stated above at the Maximum
salary $22,331+200 Ig effective on Jul 22, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 93
Appointment
Public Works/Coordinator Of Development Plans
That Communication NO 62 CCP Sep 3, 1991 be received and filed
and the Permanent appointment of David N. Krug stated above at the Intermediate
salary $31,156.00 effective on Jul l, 1991 is hereby approved.
PASSED
AYES- 13 NOES- 0.
No. 94
Notices Of Appointments (C.Clerk)
(Item # 125 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 95
Deferred compensation Plan (A&F)
(Item # 108 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 96
PERMISSION TO CONTRACT WITH SISTER'S HOSPITAL
FOR RESPIRATOR PHYSICALS FOR FIREFIGHTERS
ITEM NO. 74, C.C.P., SEPT. 3, 1991
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved to recommit the above its to the Committee on Finance.
Mr. Rutecki moved to amend to approve:
That the Commissioner of Fire be and he hereby is authorized to enter
into a contract with Sister' s Hospital Corporate Health Services in the amount
of $81,750.00 to provide base line respirator and hazardous materials physical
examinations. Seconded by Mrs. LoTempio.
PASSED.
AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, RUTECKI- 8
NOES- AMOS, ARTHUR, COLLINS, PERLA, PITTS- 5.
No. 97
Union Occupational Health Center\Reconsider RFP Bids
(Item # 141 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 98.
STANDARDIZATION OF FIRE HELMETS
AND FACE SHIELDS
ITEM NO. 75, C.C.P., SEPT. 3, 1991
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
Seconded by Mr. Amos.
ADOPTED.
No. 99
ARCHITECTURAL - ENGINEERING SERVICES
SITE DEVELOPMENT OF WAR MEMORIAL STADIUM
(Item No. 90, C.C.P., September 3, 1991)
That the Commissioner of Community Development be and he hereby
is authorized to award a contract to Robert Traynham Coles, Architect, for
construction contract revisions and construction administration in the amount
of $120,000.00. Funds for these services are available in Bond Fund
#200-717-094.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED
No. 100
OPTION RENEWAL - LEASE AGREEMENT
BETWEEN THE CITY OF BUFFALO
AND S. M. FLICKINGER, INC.
(Item No. 21, C.C.P., July 23, 1991)
That the Comptroller be and he hereby is authorized to prepare
a lease renewal agreement between the City of Buffalo and S. M. Flickinger,
Inc., for the property known as 416 Kenmore Avenue and that the Mayor be and he
hereby is authorized to execute such lease renewal agreement upon its approval
as to form by the Law Department.
PASSED
AYES- 13 NOES- 0.
No. 101
VETO MESSAGE - BAKERY SALVAGE
VS. CITY OF BUFFALO
(Item No. 2, C.C.P., September 3, 1991)
That the above item be returned to the Common Council without
recommendation.
MR. COLLINS moved:
That the above veto message of the Mayor, dated August 5, 1991, is hereby
overridden.
REPASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO,
PITTS, RUTECKI- 11
NOES- HIGGINS, PERLA- 2.
No. 102
Legal Fees/Arthur VS. Doyle
(Item # 194 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Rutecki now moved to approve the above item. Seconded by Mr. Collins.
LOST
AYES- ARTHUR, COLLINS, COPPOLA, PITTS, RUTECKI- 5
NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 8.
No. 103
Ordinance Amendment/Ch3 07 State Surcharge
(Item # 169 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
State Surcharge On Parking Tickets (Mayor)
(Item # 7 Sep 3, 1991 CCP)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
AMEND SECTION 175-1 OF THE ORDINANCES OF THE
CITY OF BUFFALO INDOOR ICE RINK FEES CHANGES
(Item No. 69, C.C.P., September 3, 1991)
That the Corporation Counsel be and he hereby is authorized to
prepare an Ordinance Amendment increasing fees for indoor rinks as stated in
the above communication.
LOST
AYES- BAKOS, BELL, COLLINS, FRANCZYK- 4.
NOES- AMOS, ARTHUR, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-
9.
No. 106
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - ENTERPRISE FUND
PARKING
ITEM NO. 153, C.C.P., SEPT. 3, 1991
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 $500.00
be and the same is hereby transferred from various accounts in Appropriation
Allotments -Department of Parking and said sum is hereby reappropriated,
pursuant to the above item.
PASSED
AYES- 13 NOES- 0.
No. 107
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT
ITEM NO. 154, C.C.P., SEPT. 3, 1991
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
$1,000.00 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, pursuant to the above item.
PASSED
AYES- 13 NOES- 0.
No. 108
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT
ITEM NO. 155, C.C.P., SEPT. 3, 1991
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
$45,000.00 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, pursuant to the above item.
PASSED
AYES- 13 NOES- 0.
No. 109
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF ENGINEERING
ITEM NO. 156, C.C.P., SEPT. 3, 1991
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
$35,285.00 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items and said sum is hereby reappropriated,
pursuant to the above item.
PASSED
AYES- 13 NOES- 0.
No. 110
PAYMENT FOR STORED MATERIALS
UNIVERSITY HEIGHTS COMMUNITY CENTER
JOSEPH CARINO PLUMBING & HEATING, INC.
(ITEM NO. 37, C.C.P., JULY 23, 1991)
That the Comptroller be and he hereby is authorized to prepay
Joseph Carino Plumbing & Heating, Inc., for storage of equipment which will be
incorporated into the project under C#9l606800, eighty percent (80%) of the
cost of such equipment but in no event to exceed the amount of $49,712.00,
subject to the conditions that the contractor provides the Comptroller with
copies of invoices, proof of possession and an insurance policy protecting the
City against loss, damage, or deterioration in the full amount of the invoices.
PASSED
AYES- 13 NOES- 0.
No. 111
VETO MESSAGE - ACQUIRE 28 HERTEL
FOR $530,000
(ITEM NO. 5, C.C.P., SEPTEMBER 3, 1991)
That the Mayor's veto of the above item be and hereby is overridden.
That Item No. 5, C.C.P., September 5, 1991, whereby the Mayor vetoed the
action of this Common Council in approving the acquisition of 28 Hertel Avenue
for the purchase price of $530,000, be, and hereby is, overridden.
REPASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 112
R. REDFERN, SR.
REQUEST TO OBTAIN 495 RILEY/45 ZENNER
(ITEM NO. 105, C.C.P., JULY 23, 1991)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to enter into negotiations with R. Redfern,
Sr. for the purchase of City properties commonly known as 495 Riley Street and
45 Zenner Street; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED.
No. 113
Offer To Purchase 495 Riley (Compt)
(Item # 28 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Offer To Purchase 495 Riley (CC)
(Item # 82 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
B. Stone/Cancel demolition costs/46/Clair
(Item # 93 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No 116
Cancel Demolition Costs/46 St. Clair (CC)
(Item # 43 CCP Jul 9,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Cancel Demolition Costs/46 St. Clair (ICR)
(Item # 107 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
ROGER PASQUARELLA
1963 Elmwood Avenue
Request for Property Tax Adjustment
(Item No. 88, C.C.P., July 9, 1991)
That after a hearing before the Committee on Finance held on September
10 1991, it has been determined by this Common Council that the owners of 1963
Elmwood Avenue have conferred a genuine public benefit upon the City of Buffalo
by their actions in removing dilapidated buildings and cleaning the site of
Atlas Steel at no cost to the City of Buffalo, and that this Common Council be
and hereby forgives the taxes for the 1989-1990 tax year upon the property
known as 1963 Elmwood and directs the Commissioner of Assessment and the
Corporation Counsel to prepare the proper documents and clear the tax roll in
the proper manner.
PASSED
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, RUTECKI- 12.
NOES- BELL- 1.
No. 119
R.Pasguarella/Request Property Tax Adjustment
1963 Elmwood (CC)
(Item # 60 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
R.Pasquarella/1963 Elmwood Ave. (Assmt)
(Item # 33 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Penn Advertising/Cancel Interest
(item # 89 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Cancel Interest On Advertising Units (CC)
(Item # 61 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Cancel Interest On Advertising Units (Assmt)
(Item # 34 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
M. Smith/Reimburse Cost Of Property Purchase From County
(Item # 106 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Reimburse Cost/Property Purchase/38 Ada (PW)
(Item # 57 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Reimburse Cost/Property Purchase/38 Ada (CC)
(Item # 81 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
RE: CERTIORARI PROCEEDING
FISCAL YEARS 1987-92
WARNER JEWELRY CASE COMPANY
644-648 MICHIGAN AVENUE
ITEM NO. 157, C.C.P., SEP. 3, 1991
That the Corporation Counsel be, and he hereby is authorized and
directed to settle these proceedings, whereby the assessment on 644-648
Michigan Avenue 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.
PASSED
AYES- 13 NOES- 0.
No. 128
RE: CERTIORARI PROCEEDING
FISCAL YEAR 1990-91
LEWIS D. McCAULEY AND L.D. McCAULEY, INC.
852 & 864 KENSINGTON AVENUE
ITEM NO. 158, C.C.P., SEP. 3, 1991
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.
PASSED
AYES- 13 NOES-0.
No. 129
Back Taxes/Lehigh Valley R.R. (Assmt)
(Item # 23 CCP May 14, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Back Taxes/Lehigh Valley RR (Compt)
(Item # 28 CCP May 28,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Purchase Of Unauthorized Vehicle (CC)
(Item # 84 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.132
Investigation/Relocation Of Ingram Micro D
(Item # 173 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11.
NOES- ARTHUR, COLLINS- 2.
No. 133
PRATT/WILLERT CENTER
(ITEM NO. 80, C.C.P., APRIL 30, 1991)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
MR. COLLINS moved:
That the above item be, and hereby is received and filed.
ADOPTED.
No. 134
PRATT/WILLERT CENTER
(ITEM NO. 55, C.C.P., JANUARY 30, 1991)
That the above item be, and the same is hereby returned to the
Common Council without recommendation.
MR COLLINS moved:
That the above item be, and hereby is received and filed.
ADOPTED.
No. 135
PRATT/WILLERT CENTER
(ITEM NO. 86, C.C.P., APRIL 10, 1991)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
MR. COLLINS moved:
That the above item be, and hereby is received and filed.
ADOPTED.
No. 136
M. Overton/Request Paving Of Elmer St.
(Item # 152 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Report Of Audit/Memorial Aud. (Compt)
(Item # 29 CCP May 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12.
NOES- RUTECKI- 1.
No. 138
Reply to Audit (Stad.Bd.)
(Item # 10 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Report Of Audit/City Clerk (Compt)
(Item #31 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Reply to Audit (C.Clerk)
(Item # 119 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 141
Ordinance Amendment/Ch.5ll/Adult Bookstores (Hrg)
(Item # 161 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
ORDINANCE AMENDMENT
CHAPTER 511-4, DEFINITIONS AND
CHAPTER 511-95A, (5) - USES SUBJECT
TO SPECIAL REGULATION
(ITEM NO. 193, C.C.P., SEP. 3, 1991)
That the Ordinance Amendment as contained in Item No. 193, C.C.P.,
September 3, 1991 be and the same hereby is approved.
PASSED
AYES- 13 NOES- 0.
No. 143
Re: Y. Kwok, Owner, Petition to Use
578 Niagara for a take-out restaurant
(Item No. 109, C.C.P, 7/23/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of Y. Kwok to use 578 Niagara for a take-out
restaurant be and the same hereby is approved on the condition that the
proposed accessory sign does not exceed the limits of the C2 zone.
PASSED
AYES- 13 NOES- O.
No. 144
RE: General Mills, Inc., Owner, Petition
to use 6 City Ship Canal for Offices,
Flour Packing and Warehouse
(Item No. 143, C.C.P, 9/3/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of General Mills to use 6 City Ship Canal
for offices, flour packing and warehouse, be and the same hereby is approved.
PASSED
AYES- 13 NOES- 0.
No. 145
Re: Tops Market, Inc., Owner, Petition to use
345 Amherst Street for Signs
(Item No. 144, C.C.P., 9/3/91)
That after a public hearing held by the Committee on Legislation
on September 10, 1991, the petition of Tops Market, Inc., owner, to use 345
Amherst Street for various signs, be and the same hereby is approved as
follows:
1 illuminated pole sign, 20 ft. high with a sign face area of 80 square
ft. (8 ft. by 10 ft);
4 illuminated ground signs, each measuring 3 ft. by 3 ft. for a total
area of 36 square ft. which will delineate the two driveways of the market;
1 illuminated wall sign at front of building measuring 7.5 ft. by 40 Et.
for a total area of 300 square ft.;
1 illuminated wall sign in the front corner of the building facing Grant
Street and measuring 4 ft. by 18 ft. or 72 square ft.;
1 illuminated wall sign on the corner of the building facing the
Scajaquada Expressway; and
That the two entry signs which were requested have been moved south of
their original locations to conform to a new entry which will be at the
intersection of Grant Street and the former Piper Street.
That the restricted use permit as approved by Item No. 239 C.C.P., December 11,
1990 be and hereby is amended to reflect the amended site plan as filed with
the Common Council, including all pole signs as described in the project area
on the site plan; and
That, on the condition that the recision is approved by the Division of
Planning with the certification that it will have no effect on the proposed
route of the Scajaquada Pathway, the recision of the easement on Piper Street
(as included in Item No. 210 C.C.P., March 19, 1991 - Request Response on
Abandonment of Piper Street") be approved as a necessary step in moving the
main entranceway southward as described on the site plan.
PASSED.
AYES- 13 NOES- 0.
No. 146
Re: Daniel Sauer, owner, Steven Nichols, agent,
to use 1965 Seneca Street for a take-out restaurant
(Item No. 145, C.C.P., 9/3/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of Daniel Sauer, owner and Steven Nichols,
agent, to use 1965 Seneca Street for a take-out restaurant, be and the same
hereby is approved.
PASSED
AYES- 13 NOES- 0.
No, 147
Re: Ron Cauley, owner, Petition to Use
1859 Hertel Avenue for a Sit-In Restaurant
(Item No. 146, C.C.P., 9/3/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of Ron Cauley to use 1859 Hertel Avenue for
a sit-in restaurant, be and the same hereby is approved.
PASSED
AYES- 13 NOES- 0.
No. 148
Re: Super Saver, owner, Petition to Use
1482 Broadway for a Pole Sign
(Item No. 147, C.C.P., 9/3/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of Super Saver to use 1482 Broadway for a
pole sign, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 149
Re: Stop-N-Go Foods, Inc., owner, Petition
to use 563 Niagara Street for a Pole Sign
(Item No. 97, C.C.P., 7/9/91)
That after a public hearing held before the Committee on Legislation
on September 10, 1991 the petition of Stop-N-Go Foods, Inc., to use 563 Niagara
Street for a pole sign, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 150
Use 563 Niagara (CPBD)
(Item # 11 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Use 67 Elmwood (CPBD)
(Item # 10 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Use 67 Elmwood (Police)
(Item # 50 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
BUFFALO PIZZA COMPANY
1769 MAIN STREET - REQUEST PERMISSION
TO INSTALL SIDEWALK CAFE
ITEM NO. 43, C.C.P., JULY 23, 1991
That the Commissioner of Public Works, be and he hereby is authorized
to grant a "mere license" to Mr. Joseph Middione, owner of the Buffalo Pizza
Company to encroach city right of way at 1769 Main Street, Buffalo, New York
for an outdoor cafe, subject to the conditions as contained in the
communication from the Department of Public Works, Item No. 43, C.C.P., July
23, 1991.
PASSED.
AYES- 13 NOES- 0.
No. 154
EASEMENT FOR SCHILLER PARK
2057 GENESEE STREET
ITEM NO. 58, C.C.P., SEPT, 3, 1991
That the Mayor, be and he hereby is authorized to execute a utility
easement to Niagara Mohawk Power Corporation to provide and maintain electric
power transmission facilities for the proposed addition to Senior Citizen
Center within Schiller Park at 2057 Genesee Street per the documentation and
description attached to the above item from the Commissioner of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 155
CALUMET ART CAFE
RESERVE PARKING SPACE ON CHIPPEWA STREET
(ITEM NO. 127, C.C.P., SEPTEMBER 3, 1991)
That the Commissioner of Public Works be and he hereby is authorized
to issue a permit to the Calumet Art Cafe for the reservation of two parking
spaces in front of said restaurant on the southeast corner of Chippewa and
Franklin Streets, totalling approximately 60 feet in length, for use on Friday
and Saturday evenings from 5:00 P.M. to 1:00 A.M.
PASSED
AYES- 13 NOES- 0.
No. 156
ORDINANCE AMENDMENT
CHAPTER 232, SECTION 232-6, ARTICLE I
HANDBILLS AND OTHER PUBLICATIONS
ITEM NO. 183, C.C.P., SEP. 3, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MRS. LOTEMPIO moved:
That the Ordinance Amendment as contained in Item No. 183, C.C.P.,
September 3, 1991 be and the same hereby is approved.
LOST.
AYES- BAKOS, FAHEY, LOTEMPIO, PERLA- 4.
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PITTS, RUTECKI-
9.
No. 157
Ordinance Amendment/Ch 232 Handbills (NIP)
(Item # 233 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Distribution Of Sexual Materials On School Properties (CC)
(Item # 83 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Traffic Ordinance Serials 8195-8199 (PW)
(Item # 37 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
DEDICATION OF TIMES BEACH NATURE PRESERVE
ITEM NO. 183, C.C.P., MAY 28, 1991
That the parcels of land described in the attached description
be and hereby are formally designated and dedicated as the Times Beach Nature
Preserve, and shall hereafter be maintained solely as a natural and educational
resource wherein the public may hike on pre-cut trials, bird-watch, photograph,
participate in nature study and otherwise commune with nature.
The following shall not be permitted within the nature preserve and that
signs shall be erected at the main access points indicating that these
activities are prohibited: Fires, firearms, automobiles, motorcycles,
motorbikes, bicycles, snowmobiles, ATV's, or other similar forms of conveyance
outside of formally dedicated parking areas; Dogs or other domesticated
animals; eating any plants or their fruits, picking any plants, hunting,
trapping, intentionally disturbing wildlife, littering, Alcoholic beverages,
and any other restrictions that may be identified by the Buffalo Department of
Public Works, the New York State Department of Environmental Conservation and
the New York State Department of Health and passed by the Common Council.
PASSED.
AYES- 13 NOES- 0.
No. 161
NYSDEC-Times Beach Nature Preserve
(Item # 78 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
NYSDOH/Dedication Of Times Beach
(Item # 91 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Governors Concerns On E. Side Rapists (#70 6/11)
(Item # 136 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
M. Gidney/Water Leak/193 Kingsley (Item # 82 CCP Hay 28, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Water Leak/193 Kingsley (PW)
(item # 56 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Complaints/I 24 Elmwood/Adventure Club (PW)
(Item # 33 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Complaints/124 Elmwood/Adventure Club (Police)
(Item # 40 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
B. Shaw/Oppose Family Support Facility At School 85
(Item # 149 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
NYSDEC/PVS Chemical Release Information
(Item # 134 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 170
PVS Chemicals/Chemical Release Information
(Item # 137 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 171
Hamlin Association/Stop Signs/Daisy & Pansy
(Item # 151 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Purchase Of Unauthorized Vehicle (Compt)
(Item # 30 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Rowdyism In neighborhoods (Police)
(Item # 71 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.174
Demolition Procedure Information (ICR)
(Item # 105 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Request Board Of Elections Ruling/District Boundaries
(Item # 157 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Board Of Elections/Petition Ruling/District Boundries
(Item # 82 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Board Of Elections Ruling On District Boundaries (CC)
Item # 48 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Security Police Study (BMHA)
(Item # 68 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 179
OAK STREET REDEVELOPMENT PROJECT NYR - 197
DISPOSITION PARCEL 8D ASSIGNMENT OF
LEASE FROM TRICO PRODUCTS CORP. TO HEALTH CARE PLAN, INC.
(ITEM NO. 98, C.C.P., SEPTEMBER 3, 1991)
That the above item, be and the same hereby is returned to the
Common Council without recommendation.
MR. BELL moved:
That the Commissioner of Community Development be and he hereby is
authorized as Vice-Chairman of Buffalo Urban Renewal Agency to execute a
certain Lease Agreement and Consent to Assignment of Lease provided that said
agreement be amended to delete in its entirety paragraph 5 thereof entitled
"AIR RIGHTS" and that said agreement be further amended at paragraph 7 thereof
entitled "MISCELLANEOUS", specifically by amending paragraph 7(a) to read:
"This Agreement may be modified or amended only by a further written
agreement signed by the parties to the Agreement, subject to the prior approval
of the Common Council" and; Provided further that Exhibit B to the above
referred to Lease Amendment and Consent to Assignment of Lease entitled
"Parking Facility Agreement" be amended at paragraph 9 entitled "Approvals" so
that said paragraph shall read as follows:
"This Agreement, the assignment of the Trico-BURA Lease, the release of
Trico by BURA, the parking leases to Trico and Roswell and the grant of Air
Rights are subject to the prior approval of BURA and the Common Council of the
City of Buffalo under the terms of the Trico-BURA Lease. Trico and HCP shall
cooperate with each other in securing the required approvals to permit this
Agreement to enter into effect."
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12.
NOES- 1.
No. 180
Citizens Environmental Coalition/Waste Disposal Program
(Item # 79 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
NYSDEC/Participation/Hazardous Waste Sites Task Force
(Item # 89 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Waste Disposal Site Task Force (EMC)
(Item # 12 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Office Space Report (CD)
(Item # 99 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Economic Trends Publication (CD)
(Item # 100 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
BEDC/Financial Statement Ending 12/31/90
(Item # 92 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
TAYLOR LAW IMPASSE
HON GEORGE K. ARTHUR
CHAIRMAN
No. 187
LOCAL 650 FACTFINDER REPORT
ITEM NO. 2, C.C.P., MAY 14, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That this Common Council, in accordance with Section 209 (3) (e) of the
Civil Service Law, hereby imposes the following contracted provision between
the City of Buffalo and Local 650, A.F.S.C.M.E., AFL-CIO for the period July l,
1990 through June 30, 1991:
Wage Increase
A wage increase of five percent (5%) applied to each step of the salary
grades for all titles, retroactive and effective July 1, 1990.
That this Common Council imposes no further changes in the existing
contract.
Mr. Fahey moved that the above item be Laid on the Table. Seconded by Mr.
Rutecki.
LOST
AYES- BAKOS, FAHEY, FRANCZYK, RUTECKI- 4.
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PERLA, PITTS- 9.
Mr. Coppola now moved his original motion to approve. Seconded by Mr. Amos.
ADOPTED
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
RUTECKI- 10.
NOES- BAKOS, FAHEY, LOTEMPIO- 3.
No. 188
LOCAL 264 FACTFINDER REPORT
ITEM NO. 5, C.C.P., JUNE 5, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
MR. COPPOLA moved:
That this Common Council, in accordance with Section 209 (3) (e) of the
Civil Service Law, hereby imposes the following contracted provision between
the City of Buffalo and Local 264, A.F.S.C.M.E., AFL-CIO for the period July 1,
1990 through June 30, 1991:
Issue No. 1 Wage Increase
A wage increase of five percent (5%) applied to each step of the salary
grades for all titles, retroactive and effective July l, 1990.
Issue No. 2 - Deferred Compensation
Effective June 30, 1991 the contract shall be amended to include a provision
permitting participation of Local 264 employees in the City's deferred
compensation plan upon it's implementation.
That this Common Council imposes no further changes in the existing
contract.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
RUTECKI- 10.
NOES- BAKOS, FAHEY, LOTEMPIO- 3.
RESOLUTIONS
No. 189
BY: MR. ARTHUR
SUPPORT PROPOSAL #3 TO MEND ARTICLE 15 OF THE NEW YORK STATE CONSTITUTION
WITH
RESPECT TO THE NEW YORK STATE CANAL SYSTEM
WHEREAS: On the ballot in November, as proposal #3, there will
appear a proposition to amend the State Constitution with respect to the New
York State Canal System. This proposal, if approved, will: (1) allow the State
to lease canal land on terms as provided by the Legislature; (2) repeal the
prohibition on charging a fee for navigating the canal system; (3) update the
language requiring competitive bidding for capital projects; (4) require that
all revenue generated from the canal system be placed in a special,
constitutionally protected, revenue fund for canal purposes only; and (5)
remove the specific mention of the Department of Public Works as sole operator
of the canal system; and
WHEREAS: The 524-mile waterway, representing over 1000 miles of waterfront
property, has the potential to be a tremendous resource for economic
development through tourism, and a force for community revitalization while
maintaining its value as a water management system and a diverse ecosystem; and
's ability to support the Canal System and to
WHEREAS: Without this amendment, the State
contribute to the economic prosperity of the communities bordering the canal is extremely limited because of restrictions
which effectively eliminate the feasibility of private investment in canal lands, but with the amendment the State can
begin developing the Canal system into a statewide revenue generating and Job creating recreationway, modeled after popular
European systems, while maintaining control over developments which can include clusters of housing and service points
while maintaining greenways and environmentally sensitive areas.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council does hereby go on record as supporting proposal #3, as it
relates to the New York State Canal System, for the economic development and
community revitalization benefits that will be realized by Buffalo and many
small cities and villages across the state once the Canal System is promoted
and supported.
ADOPTED.
No. 190
BY: MR. ARTHUR
SUPPORT CROATIAN AND SLOVENIAN
INDEPENDENCE
WHEREAS: In 1990 four of the six republics in Yugoslavia elected
non-communist, democratic governments: Slovenia, Croatia, Bosnia-Herzegovina
and Macedonia; and
WHEREAS: The vote for democratic governance in Croatia and Slovenia was over
90 percent of the electorate in free, open elections; and
WHEREAS: The Yugoslav Army has killed and injured scores of Slovene citizens
and new military actions by the Yugoslav Army against the Slovene people are
being executed as this resolution is being considered; and
WHEREAS: The lives of family members of Buffalo citizens are at risk in
Slovenia and Croatia due to these military actions of the communist controlled
Yugoslav army in its efforts to suppress democracy and self-determination, to
the end of restoring communist domination; and
WHEREAS: It should be the policy of the United States of America to support
democracy and self-determination the world over; and
WHEREAS: Out of concern for human life, a peaceful solution is desired in
the conflict between the democratic-aspiring peoples of Croatia and Slovenia
and the central Yugoslav government.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council, on behalf of the citizens of the City of Buffalo, does
hereby recognize the new nations of Croatia and Slovenia, their sovereignty and
right to exist free from external threat or force of arms. AND BE IT FURTHER
RESOLVED THAT:
This Common Council calls upon President George Bush and the Congress of the
United States to immediately recognize the nations of Croatia and Slovenia and
to use all diplomatic means possible to forestall further military actions
against these two nations.
AND BE IT FINALLY RESOLVED THAT:
Certified copies of this resolution be sent to New York's U.S. Senators and to
Western New York's Congressional delegation.
ADOPTED.
No. 191
BY: MR. ARTHUR
Support Bid to Host 1997 Conference of International Institute
of Municipal Clerks
WHEREAS: The International Institute of Municipal Clerks holds
annual conferences at sites around the globe; and
WHEREAS: The City of Buffalo, through the City Clerk and the Greater Buffalo
Convention and Visitors Bureau, is bidding to host the 1997 conference; and
WHEREAS: Buffalo, with a rejuvenated downtown highlighted by first class
hotels, restaurants, a central shopping district, convention center, light rail
transit system, and numerous nearby tourist and recreational attractions in
Western New York, the Niagara Frontier and nearby southern Ontario, is an ideal
location for the 1997 conference; and
WHEREAS: New York State Governor Mario Cuomo and Buffalo Mayor James D.
Griffin have formally stated their support for Buffalo's bid to host the 1997
conference; and
WHEREAS: While the economic benefit of hosting such a conference is self
evident, the positive feedback of affording visitors from around the globe an
opportunity to share in the regional cultural, social, historical and
recreational diversity which make up our fine City is immeasurable.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council formally states its support for the efforts of the
City Clerk and the Greater Buffalo Convention and Visitors Bureau to host the
1997 Conference of The International Institute of Municipal Clerks; and
BE IT FURTHER RESOLVED:
That this Honorable Body extends an open invitation to the International
Institute of Municipal Clerks and pledges its resources in lending the
assistance required to host the 1997 Conference.
ADOPTED.
No. 192
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
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
$50,327 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 $50.327
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $50.237
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $50.237
TO:
200 Capital Projects Fund
71-7 - Division of Development
047 - Convention Center/Hyatt Hotel
Pedestrian Walkway $50.237
PASSED
AYES- 13 NOES- 0.
No. 193
BY: MR. COLLINS
PERMISSION TO ROLL OVER FUNDS
WHEREAS: The Friends of the Elderly have unexpended funds in the
amount of $398.03 from the 1990-91 Grant-In-Aid allocation; and
WHEREAS: This worthwhile organization has requested this Council to help in
the roll over of this surplus to the 1991-92 funding cycle; and
WHEREAS: The $398.03 will be used to pay the salary of the Supervisor of
Volunteers for one week, plus the fringe benefits associated with that salary;
NOW, THEREFORE BE IT RESOLVED:
That this Council instructs the Comptroller and the Commissioner of Human
Resources to do what is necessary to allow the Friends of the Elderly to roll
over the $398.03 from the 90-91 Grant-In-Aid allocation to the 1991-92
Grant-In-Aid allocation.
PASSED.
AYES- 13 NOES- 0.
No. 194
BY:MR. COLLINS
DENY PERMIT - CARNIVAL -
MARTIN LUTHER KING PARK
WHEREAS: The Deputy Commissioner of Parks has granted permission
for a carnival to be held in Martin Luther King Park; and
WHEREAS: The Charter of the City of Buffalo authorizes the Commissioner of
the City of Buffalo to grant permission for such events in parks; and
WHEREAS: The position of Commissioner of Parks is not currently filled due
to a leave of absence of the former commissioner;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council denies the permit given for the carnival in Martin
Luther King Park, since it was not authorized properly in accordance with the
charter of the City of Buffalo.
ADOPTED.
No. 195
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees, of the Code of the City of Buffalo, be amended
to read as follows:
Chapter 309, Parks and Other Open Space
309-28, use of facilities
ICE SKATING
A group or developmental league with less than four non-resident participants
shall be charged an additional fee of $50.00 per non-resident participant per
season. A group or developmental league with four or more non-resident
participants shall be charged the non-resident fee per hour.
APPROVED AS TO FORM
R. PETER MORROW
ACTING CORPORATION COUNSEL
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 196
BY:MR. FAHEY
ACCEPTANCE OF FUNDS FOR THE LIGHTED
SCHOOLHOUSE PROGRAMS
WHEREAS: The Common Council approved a resolution, C.C.P. #338,
September 20, 1988 which authorized the Department of Human Resources, through
the Division for Youth and others to' conduct Lighted Schoolhouse Programs.
WHEREAS: Approved of each program must be authorized by the Common Council;
and
WHEREAS: The Common Council must accept, on behalf of the City, the funds
allocated by the Buffalo Urban Renewal Agency as follows: September 12, 1991,
Item 3g, in the amount of $58,931 for administrative costs for the Lighted
Schoolhouse Program.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council accepts funds allocated by the Buffalo Urban Renewal
Agency as follows: $58,931 for administrative costs.
PASSED
AYES- 13 NOES- 0.
No. 197
BY:MESSRS. FRANCZYK & FAHEY
SUPPORT ITEM PRICING IN RETAIL FOOD
ESTABLISHMENTS
WHEREAS: New York State law, which required individual price stickers
on food items sold in grocery stores and supermarkets, expired on June 30,
1991; and,
WHEREAS: Many supermarkets in Buffalo and Erie County have already dispensed
with placing individual price stickers on food items, causing confusion and
hardship for shoppers; and,
WHEREAS: Local government has the option of mandating item price laws
benefitting their constituencies; and,
WHEREAS: Erie County legislator Raymond Dusza, along with Stephen Pigeon and
Thomas Mazur, has introduced a local law in the County Legislature requiring
individual price stickers on food items sold in retail food stores in Erie
County; and,
WHEREAS: Such a local law would impose penalties on food stores which fail
to comply with individual item pricing; and,
WHEREAS: A broad coalition of consumer advocate groups, including the
Consumer Protection Board, the State Department of Agriculture and Markets, the
New York Public Interest Research Group, Inc. , the American Association of
Retired Persons and the AFL-CIO, are fighting for item pricing laws with
enforceable penalties; and,
WHEREAS: Simply for the convenience of the retailers, consumers in many
stores without item pricing cannot compare the prices of many items. Consumers
also cannot verify the accuracy of the cashier or laser scanner at the checkout
counter, compute the cost of a market cart or basket groceries or check the
register receipt against the item price;
NOW THEREFORE BE IT RESOLVED:
That the Common Council believes that it is in the consumer's best interest to
have an individual item pricing law for grocery items on the books;
BE IT FINALLY RESOLVED:
That this Common Council memorializes the Erie County Legislature to approve
its item pricing bill, entitled "A Local Law in relation to item pricing in
retail food establishments."
ADOPTED.
No. 198
BY:MR. HIGGINS
RE: PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
l. ANGIE M. CARSELLO
Claim for loss of garbage can. $12.00
2. VIOLET GORDON
Claim for loss of garbage cans. $15.00
3. JULIA THOMAS
Claim for loss of garbage can. $10.00
4. PANO YERACARIS, M.D.
Claim for loss of garbage can. $9.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED
AYES- 13 NOES- 0.
No. 199
BY:MRS. LOTEMPIO
RE: ORDINANCE AMENDMENT
CHAPTER 216, SECTION 216-15, ARTICLE VII
COLLECTION REGULATIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section l. That subsection (H) of Section 216-15 of Chapter 216 of the
Code of the City of Buffalo be amended to read as follows:
H. The Commissioner of Street Sanitation shall designate a schedule of
additional trash and rubbish collections during the course of the year,
commencing on April 1st and ending on October 31st, on a biweekly basis and
shall prepare and promulgate rules and regulations for said additional
collections, including the following:
(l) No property shall have placed in front of the same for collection an
amount of trash and rubbish exceeding the four and zero-tenths (4.0) cubic
yards. Any excess over four and zero-tenths (4.0) cubic yards will not be
collected. Any owner not removing excess trash from in front of the property
shall be subject to the penalties in 137-7 herein.
(2) All trash and rubbish must be bundled in four-foot lengths or, in the
alternative, must be placed in containers. Appliances, furniture and other
similar large items must be placed in a safe manner and shall not extend onto a
public street or sidewalk. No materials placed for collection shall contain
nails, glass or other hazardous materials.
(3) Owners wishing to dispose of amounts in excess of four and zero-tenths
(4.0) cubic yards shall apply for and receive from the Department of Street
Sanitation a load-dumping permit upon payment of a permit fee as set forth in
Chapter 175, Fees. Said permit shall entitle the holder to transport said
items to the appropriate city location and to dispose of said items at the
location without charge.
(4) Only property owners who have performed remodeling without utilizing
contractors for hire shall be allowed to place debris from remodeling for
special trash collections, and only in accordance with the regulations
established herein. No contractor performing any remodeling for hire shall be
allowed to place any debris from said remodeling for special trash collections.
Violation of this section shall be cause for action against the license of the
contractor as provided in this Code.
Section 2. This amendment shall take effect January l, 1992.
APPROVED AS TO FORM
R. PETER MORROW
CORPORATION COUNSEL
NOTE: Matter underlined is new.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, RUTECKI- 12.
NOES- PITTS- 1.
No. 200
BY: MRS. LoTEMPIO
TAX EXEMPTIONS FOR PERSONS 65 YEARS OF AGE OR OLDER
WHEREAS: Governor Cuomo signed into law an amendment to the Real
Property Tax Laws which increases the maximum income eligibility for elderly
property owners, 65 years of age or older, from $18,600 to $19,800; and
WHEREAS: In order to enact this legislation, an ordinance amendment must be
prepared by the Law Department which reflects these changes; and
WHEREAS: The current income schedule would be expanded to include a 15%
exemption for eligible property owners with income levels greater than or equal
to $18,600 but less than $19,200; and a 10% exemptions for those whose income
is greater than or equal to $19,200 but less than $19,800; and
WHEREAS: This legislation would apply to assessment roles based on taxable
status dates occurring on or after January 1, 1992 and apply to the tentative
assessment roll of December 1, 1992 for the fiscal year 1993-94;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo requests the Law Department to
review the changes in the Real Property Tax Laws and draft an appropriate
amendment to the Ordinances of the City of Buffalo to increase the maximum
income eligibility from $18,600 to $19,800 for tax exemptions for property
owners 65 years of age or older.
ADOPTED.
No. 201
BY:MR. PITTS
OWNERSHIP OF FORMER GOLDOME PARKING
LOT
WHEREAS:
T
he closing of
the Goldome Bank has left the ownership
of the parking
lot bounded by Washington, St. Michael's, Ellicott and Chippewa Streets
uncertain, and
WHEREAS: It is not known publicly whether Resolution Trust Corporation
and/or Key Bank owns the parking lot, and
WHEREAS: Recently, Allright Parking which operated the lot was replaced by a
new operator reportedly owned by Developer Paul Snyder. It is reported that
the new operator has a management contract with either Key Bank and/or the
Resolution Trust Corporation, and
WHEREAS: It is not known whether the existing contractual agreements
governing the parking lot will honor former agreements to provide parking for
businesses in the area. Additionally, the parking lot is the life-blood to
businesses in the area, especially nights and on weekends, and
WHEREAS: There has not been provided to the City any information relative to
future plans for the parking lot, given the probable change in ownership, and
WHEREAS: It is also reported that the same company owned by Developer Paul
Snyder has replaced All right Parking at the former Berger's parking lot. This
change as well as the change at the former Goldome lot necessitates
explanations relative to the future plans for these areas.
Now THEREFORE BE IT RESOLVED THAT: The Common Council requests reports from
the Board of Parking, Resolution Trust Corporation, Key Bank and Developer Paul
Snyder relative to the ownership of the former Goldome lot and its present
operator.
BE IT FURTHER RESOLVED THAT: The Common Council request s that copies of all
management and lease agreements be filed with the City Clerk.
FINALLY BE IT RESOLVED THAT: The Commissioner of Community Development file a
report relative to the sale and operation of the Berger's lot by Developer Paul
Snyder.
ADOPTED.
No. 202
BY MR. PITTS
Discharge Item from the Stadium/Auditorium Task Force
Item No. 166, C.C.P 6/25/91 - Designate Crossroads as Preferred Site
Whereas: The above item is presently before the Stadium and Auditorium
Task Force, 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 Stadium and Auditorium Task Force from further consideration of the above
item, and said item is now before the Council.
CARRIED.
MR. FAHEY now moved that the above item be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12.
NOES- HIGGINS- 1.
No. 203
BY:MR. PITTS
ESTABLISH SOUTH MAIN STREET
DEVELOPMENT CORPORATION
WHEREAS: Recently a panel of experts were hired by the Buffalo
Development Companies to make a recommendation to the City of Buffalo as to a
preferred site for the proposed development of a New Hockey Arena. The experts
engaged in two days of interviews, tours and intensive study of the Washington
Market and Crossroads Site, and
WHEREAS: The experts concluded that the Crossroads Site at the foot of Main
Street offered the best opportunity to maximize the economic development
potential of such a large scale project, and
WHEREAS: In addition to recommending the Crossroads Site, the experts have
recommended that the City develop a longer range plan for "spin-off"
development in the South Main Street area. This plan would provide for the
economic impact of the New Hockey Arena to leverage the development of the
Niagara Frontier Transit Authority Terminal, retail and sports entertainment
related business. Importantly, this plan would include the parallel
development of the Arena and the Waterfront immediately south of the
Arena, and
WHEREAS: The recommendation of the panel of experts has provided the
recognition for a new initiative at the Crossroads site, especially along the
Buffalo River and immediately east to Hamburg Street. Discussions are now
evolving that the City would benefit from the development of a "Sports
Entertainment District" which would accomplish the intermediate and long range
economic goals as well as anticipate the future need for a site to place a new
Downtown Football Stadium, and
WHEREAS: The City now has two main Urban Renewal Plans affecting the South
Main Street area which have been essentially- l laying dormant. The
establishment of a Special Development Corporation would provide for the
impetus needed to bring together all of the development interest to accomplish-
the recommendation of the panel of experts.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council supports the development
of a South Main Street Development Corporation.
FURTHER BE IT RESOLVED THAT: The Common Council requests the Mayor and the
President of the Buffalo Development Companies to submit a report relative to
the development of a South Main Street Development Corporation.
ADOPTED.
No. 204
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
40 -2 DIVISION OF BUILDINGS
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-2 Division of Buildings, under the subheading "013 -
Licenses' which reads:
l License Inspector $23,415 - 27,023 is hereby amended to read:
2 License Inspector $23,415 - 27,023
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the creation of one (l)
License Inspector 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
R. PETER MORROW
Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 205
BY:MR. PITTS
SALARY ORDINANCE AMENDMENT
40 - DEPARTMENT OF PUBLIC WORKS
40 -2 DIVISION OF BUILDINGS
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 40-2 Division of Buildings, under the subheading "031 -
Operation & Maintenance of Public Buildings" which reads:
4 Elevator Operator
$17,978
- 19,745
24 Laborer I (Hourly)
7
.87
- 8.93
is hereby amended to read:
3 Elevator Operator
$17,978
- 19,745
25 Laborer I (Hourly)
7
.87
- 8.93
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of one (l)
Elevator Operator position and the creation of one (1) Laborer I 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
R. PETER MORROW
ACTING CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 206
BY:MESSRS. PITTS AND BELL
NATIONAL HEALTH CARE POLICY
WHEREAS: The United States shares with South Africa the distinction
of being the only industrialized country without a national health care
program, and
WHEREAS: Government programs like Medicaid and Medicare extended health care
coverage to only a portion of the people who need it, and do not provide
complete coverage. Medicaid covers only 37% of Americans living below the
poverty line, down from 65% a decade ago and Medicare, designed for the elderly
and disabled, covers less than half of their health costs, and
WHEREAS: There are 53 million people who have inadequate health insurance
that does not insure them against catastrophic illness, and
WHEREAS: Because of lack of coverage and the high cost of health care, it is
estimated that 14 million Americans did not seek needed medical attention in
1986 because they could not pay for it, and
WHEREAS: The high costs of health care and lack of insurance or adequate
health insurance has resulted in poor health for millions of Americans as
indicated by the fact that the U.S. ranks 12th in life expectancy, 21st in
number of deaths of children under five, 22nd in infant mortality, and 24th in
the percentage of babies born with an adequate birth weight, and
WHEREAS: The health of minorities, the poor, children and the elderly is
disproportionately affected by the inability to afford adequate health care,
and
WHEREAS: The lack of adequate health care coverage is connected to rapidly
rising insurance premiums (as much as 20 to 30 percent per year in the 1980's),
and
WHEREAS: Employers are typically shifting the rising costs to employees
which, if it continues at the current rate, means that private insurance
premiums will consume 27% of take-home pay by 1998, leading to further decline
in health care and living standards for working Americans, and
WHEREAS: 75% of Americans polled nationally have indicated a preference for
some kind of national health system and 61% indicated they would "prefer the
Canadian system", and
WHEREAS: The Government Accounting Office (GAO) has, after extensive study,
concluded that "some elements of the Canadian system are worthy of
consideration in a reformed U.S. system" including universal access, a uniform
payment system and expenditure controls, and
WHEREAS: The GAO has concluded that if the universal coverage and
single-payer features of the Canadian system were applied in the U.S. the
savings in administrative costs along ($67 billion per year in the short-run)
would be more than enough to finance insurance coverage for the millions of
Americans who are currently uninsured, and
WHEREAS: The GAO concludes that if the single-payer had the authority and
responsibility to oversee the system as a whole, as in Canada, it could
potentially constrain the growth in long-run health care costs.
NOW THEREFORE BE IT RESOLVED THAT: The Buffalo Common Council calls upon the
U.S. Congress and Senate to make reform of the health- care crisis a top
priority.
BE IT FURTHER RESOLVED THAT: The Buffalo Common Council endorses and calls upon
Congress to adopt a national health program that will give all U.S. citizens
access to universal comprehensive care.
FINALLY BE IT RESOLVED THAT: The Congress and Senate, in order to insure
universal comprehensive care adopt a single-payer, federally- mandated,
state-controlled, publicly-financed (through progressive taxation), single
payer national health program.
ADOPTED.
No. 207
Y:MR. PITTS
B
LANDMARK DESIGNATION NATIONAL
FUEL BUFFALO SERVICE CENTER
WHEREAS: An application has been submitted by the Preservation
Coalition of Erie County to designate the National Fuel Buffalo Service Center
(former Buffalo Gas Light Company Works) located at 249 West Genesee Street as
a historic landmark site, and
WHEREAS: The significance of this facility has been well documented through
a research project partially funded from a grant through the New York State
Council on the Arts. The City of Buffalo Landmark and Preservation Board is
presently receiving the application , and
WHEREAS: The Buffalo Gas Light Company Works building is "an outstanding
example of Romanesque Revival Style, significant as the design of Buffalo's
first Architect, John H. Selkirk". The designation of this building will
certainly ensure that any future development of the Waterfront will include
this historically important complex of individual buildings.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council supports the historic
landmark designation of the National Fuel Buffalo Service Center located at 249
West Genesee Street.
ADOPTED.
No. 208
BY:MR. PITTS
REBUILDING OF THE RETAINING WALL AT SOUTH AND HAMBURG STREETS
WHEREAS: On August 27, 1991, Tina Marie Gugliuzza drowned as the
result of a tragic accident in the Buffalo River at South and Hamburg Streets.
Another chiId drowned at this site earIier this year, and
WHEREAS: The Pier area at South and Hamburg Streets is in the shadows of the
concrete grain elevators. It is a consistent hangout for youth who can sit at
the edge of the water because the former wall has collapsed. Additionally, the
trees, debris, brush and detritus has formed a natural embankment for youth to
congregate, and
WHEREAS: While this old pier area has not been used for years, the access to
the water is very dangerous. Approximately five feet into the still navigable
water there is a twenty-five foot drop to undertow with swift currents,
extremely dangerous, and
WHEREAS: The parents of Tina Marie Gugliuzza and residents in the Old First
Ward have presented a petition requesting that the City of Buffalo move to
remove the hazardous conditions at South and Hamburg Streets, thus avoiding
further tragedy, and
WHEREAS: The petition submitted by the parents is official notice of
liability.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the removal of
hazardous conditions at South and Hamburg Streets.
BE IT FURTHER RESOLVED THAT: The Common Council requests the Department of
Public Works to develop a plan to prevent access to the Buffalo River at South
and Hamburg Streets by removing the collapsed wall, and rebuilding at least a
six foot retaining wall along South Street.
ADOPTED.
No. 209
BY:MR. PITTS
CRIME WATCH, PRATT-WILLERT COMMUNITY
WHEREAS: The Pratt-Willert Homeowner's Association has been meeting
consistently to form a Crime Watch Program. The residents have been fully
informed as to the Crime Watch objectives, and
WHEREAS: The Association has circulated the required petition with
sufficient signatures.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the
establishment of a Crime Watch Program in the Pratt-Willert neighborhood.
PASSED
AYES- 13 NOES- 0.
No. 210
BY MR. RUTECKI:
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitations for Marcus Garvey Centennial Exhibition
By Councilmember D. Collins
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. 211
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:
Geraldine A. Blocho
Louis J. Callari
Martin D. Cordero
Duane M. Dunaj
Janice C. Fergerson
Patricia R. Lasota
Jane O. Loeffler
Sheila A. O'Connor
Richard G. Perkins
Craig S. Provenzo
TOTAL: 10
ADOPTED.
No. 212
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:
Kathleen M. Milbrand
Lewis D. Rogers, Jr.
TOTAL:2
ADOPTED.
UNFINISHED BUSINESS
No. 213
BOND RES. - $950,000 - SEWERS WALDEN PARK
(ITEM NO. 159, C.C.P., SEPTEMBER 3, 1991)
Mr. Fahey moved that Item No. 159, C.C.P., September 3, 1991,
be taken from the table. Seconded by Mr. Franczyk.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr.
Franczyk.
PASSED.
AYES- 13 NOES- 0.
No. 214
E.A.F. - WALDEN PARK PROJECT (STAFF)
(ITEM NO. 117, C.C.P., SEPTEMBER 3, 1991)
Mr. Fahey moved that Item No. 117, C.C.P., 'September 3, 1991,
be taken from the table. Seconded by Mr. Franczyk.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr.
Franczyk.
ADOPTED.
No. 215
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 24, 1991 9:30 l
FINANCE Tuesday, SEPT 24, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, SEPT 24, 1991 2:00 PM
ECONOMIC DEV. Wednesday, SEPT 25, 1991, 10:00 1
No. 216
Adjournment
On motion by Mr. Fahey, Seconded by Mr. PerIa the Council adjourned
at 5:10 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.