HomeMy WebLinkAbout91-1001
No. 18
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 1, 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, October 1, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Franczyk, Higgins, LoTempio, Perla, Pitts, and
Rutecki - 12.
ABSENT - Councilmember Fahey- 1.
On a motion by Mr. Higgins, seconded by Mr. Rutecki, the minutes of the stated
meeting held September 17, 1991, were approved
FROM THE MAYOR
No. 1
Veto Message - R. Pasquarella
Compromise Property Tax 1963 Elmwood
Item No. 118, C.C.P., Sept. 17, 1991
The above resolution forgives approximately $34,217 in back taxes,
sewer charges and interest owed for the property at 1963 Elmwood Avenue. The
Corporation Counsel has advised me that such forgiveness amounts to a gift of
public funds and is prohibited by the New York State Constitution, various
state laws, and the City's Charter.
Although the resolution finds that the City benefited from the demolition of
structures on the property, this is not a benefit which is or would be the
direct result of the forgiveness of taxes and other impositions. It is not,
for example, a clear tangible benefit required by Section 47 of the Charter for
the City to release a liability.
For these reasons, I am compelled to veto the resolution.
Mr. Higgins moved to Override the Mayor's Veto of Item No. 118, C.C.P.,
9/17/91,- R. Pasquarella- Compromise Property Tax- 1963 Elmwood.
Seconded by Mr. Franczyk.
REPASSED.
AYES- 12 NOES- 0.
No. 2
Appointment of Buffalo
City Court Judge
Pursuant to the powers vested in me under Section 2104 of the
New York State Uniform City Court Act, please be advised I have appointed
Thomas F. McGowan, residing at 117 Huntley, Buffalo, New York - 14215 to the
position of Buffalo City Court Judge, effective September 18, 1991, for a term
expiring December 31, 1991, left vacant by the resignation of City Court Judge
Alois Mazur.
Judge McGowan served as a New York State Supreme Court Justice from 1975
to 1990, served in the New York State Senate from 1966 through 1974, as member
from the Erie County Board of Supervisors from 1962-1963 and as an Assistant
District Attorney from 1957 until 1967. Judge McGowan also served as a Buffalo
Police Officer from 1947 until 1957.
Judge McGowan received a Bachelor of Science Degree in 1950 from Canisius
College, a Master of Education Degree from Canisius College in 1952 and his
Doctor of Law Degree from the University of Buffalo Law School in 1957.
Judge McGowan also has a long and distinguished record of public service
to his community. This record includes service as: Trustee of Daemen and
Medaille Colleges; Board member of the Amherst Symphony Orchestra, University
of Buffalo Law School Alumni Association, Downtown YMCA, Buffalo Knights of
Columbus and Kevin Guest House.
Judge McGowan is married to the former Dorothy Rowe and has six children
and two grandchildren.
I hereby certify that Judge Thomas F. McGowan, based upon his outstanding
experience, education and public service, is fully qualified to fill the
position of Buffalo City Court Judge.
RECEIVED AND FILED.
No. 3
'Retroactive Wage Increase for Locals 264 & 650"
Item No.'s 187 & 188, C.C.P. 9-17-91
At the September 17, 1991 meeting of Your Honorable Body you voted
to impose a five percent pay increase for fiscal year 1990-91 for both Locals
650 and 264 of the American Federation of State, County and Municipal Employees
(AFSCME). You took this action despite the fact that the Budget Director and
your own Majority Leader had both warned You that such action would cause a
deficit for the City's 1990-91 fiscal year.
Such a deficit could result in a lowering of the City's credit rating
which would have an immeasurable adverse impact on City finances. This would
result in increased borrowing costs for the Hurd refunds, the refinancing of
existing bonds being contemplated by the Comptroller, the issue of new bonds
for items included in the capital budget and even our annual short-term
borrowing.
Section 40 of the Buffalo City Charter prohibits expenditures from
exceeding budgeted appropriations. The raises you have awarded would cause
expenditures to exceed budgeted appropriations.
Sections 41 and 42 of the Charter provide for increasing the amount of
budget appropriations by a two-thirds vote of the Common Council but only upon
a signed certification by the Mayor and Comptroller that identifies the source
and use of the increased appropriation. I am unable to sign such a
certification because a sufficient source of funds to provide the increase is
not available. Without an increase provided by the provisions of either
Section 41, or 42 there will be a violation of Section 40 if these pay raises
are granted.
Further, Section 454, of the City Charter provides:
The Council shall not increase the compensation of any office or
position, except compensation on a per diem basis, during any fiscal year after
the same shall have been fixed and provided for in the budget for such fiscal
year except upon the certification of the mayor and the comptroller that the
interests of the City are subserved thereby.
To implement the awards you granted on September 17, 1991 a salary
ordinance amendment including the certification required by Section 454 is
necessary.
I have taken an oath to uphold the Charter of the City of Buffalo, and I
cannot, and do not intend to give the certification required by Section 454.
For the reasons I have cited above, I do not believe that the interests of the
City are subserved by granting such raises. Without this certification, you
may not legally pass salary ordinances to implement the pay raises you imposed.
I am, therefore, in an attempt to avoid costly and lengthy litigation,
respectfully requesting that you reconsider your vote of September 17, 1991,
and rescind the resolutions imposing five per cent raises on Locals 650 and
264. I further request that you then refrain from taking any further action
until, the comptroller issues his year-end report, and the amount of surplus,
if any, .is known. Hopefully, at that time, contracts can be negotiated to
provide raises which do not exceed available budgeted resources.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 4
J. Price - Application to erect a
warehouse addition at 265 Germania
Item No. 86, C.C.P., September 17, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above application pursuant to Section 511-67 of the
Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to construct a 60 feet by 60 feet (3600 square feet),
one-story, metal warehouse addition to an existing trucking operation.
The site is located in an HI zone which permits such uses and is overlain
by the Buffalo Coastal Review District.
This not withstanding, the site is not contiguous to any water way in
that district. Under S.E.Q.R., the proposed warehouse addition is considered
an unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed warehouse addition.
RECEIVED AND FILED.
No. 5
Buffalo Pizza Co. - Request to place a sidewalk cafe in the right-of-way of
1769 Main St.
Item No. 43, C.C.P., July 23, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above request pursuant to Section 413-59 of the Buffalo
Code, the Review of Sidewalk Cafes.
The Planning board voted to receive and file the sidewalk cafe request
since Your Honorable Body has already approved it (see Item No. 153, C.C.P.,
September 17, 1991).
RECEIVED AND FILED.
No. 6
D. Sauer - Request to encroach in
right-of-way at 1953-1965 Seneca St.
Item No. 38, C.C.P., September 17, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above request pursuant to Section 413-56 of the Buffalo
Code, Awning Encroachments.
The applicant seeks to place an awning around a corner building. The
proposed awning will measure 4 1/2 feet high by 2 feet wide by 106 feet in
length (along the Seneca Street and Melrose Street elevation). (The amount of
the encroachment will be 2 feet). Under S.E.Q.R., the proposed encroachment is
considered a Type II action which does not require further environmental
Review.
The Department of Public Works has reviewed the proposed encroachment and
has recommended that Your Honorable Body issue a "mere license' for it.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 7
S. Aldharaa - Application to use 914-916 Elmwood for
take-out/sit-in restaurant
Item No. 87, C.C.P., September 17, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above application pursuant to Section 511-56 of the
Buffalo Code, the Elmwood Business District.
The applicant seeks to convert a vacant store into a take-out/sit-in
restaurant. The proposed restaurant would have an area of 3600+ square feet.
The site is located in the EB district which considers eating and
drinking places to be restricted uses requiring the approval of Your Honorable
Body. If the restaurant involved new construction rather than the
rehabilitation of an existing structure, a total of 24 off-street parking
spaces would be required. Since this is not the case, off-street parking is
merely "suggested." Under S.E.Q.R., the proposed restaurant is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed reuse on the condition
that any accessory signage be no greater than 35 square feet in area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 8
H. Cole - Request to encroach in right-of-way
at 40 Comet with a fence
Item No. 51, C.C.P., September 3, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above matter pursuant to Section 413-67 of the Buffalo
Code, the Review of Right-of-Way Encroachments.
The applicant seeks to legalize an existing 4 foot stockade fence which
encroaches in the right-of-way. The subject fence has been in place since
1974.
The Department of Public Works has reviewed the encroachment and has
recommended that Your Honorable Body issue a 'mere license' for it. Under
S.E.Q.R., the matter is considered a Type II action which does not require
further environmental review.
The Planning Board voted to approve the encroaching fence as presented by
the applicant, in that no problems have arisen from the encroachment for the
past 17 years.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 9
NFTA - Request to abandon a portion of Morley Place
Item No. 59, C.C.P., September 3, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above request pursuant to Section 317.1 of the City
Charter, Referable Matters from the Common Council.
The NFTA seeks to use 1,024 square feet of the northern terminus of
Morley Place-a dead end street which is contiguous to the NFTA's Bus Garage and
Repair Shop. The proposed abandonment is needed to expand their present
operation.
The Planning Board voted to deny the proposed abandonment, since the NFTA
does not own the land which abuts Morley Place at the area to be abandoned.
Once the NFTA has acquired the property at 29 Morley Place, it should resubmit
its request for the abandonment to Your Honorable Body.
REFERRED TO THE COMMITTEE ON LEGlSIATlON
No. 10
Niagara View Properties - Request to abandon
and sell a portion of Albany St.
Item No. 86, C.C.P., July 9, 1991
The City Planning Board at its regular meeting held Tuesday, September
24, 1991 considered the above request pursuant to Section 317.1 of the City
Charter, Referable Matters from the Council.
The applicant seeks to purchase the western most portion of Albany Street
which runs from Niagara Street to the Niagara Section of the New York State
Thruway. The applicant then intends to landscape and pave the right-of-way to
provide parking and access to his property at 1092 to 1100 Niagara Street. The
applicant's property is contiguous to the north line of Albany Street.
Although this portion of Albany Street has been closed to traffic since
the Thruway was built, its right-of-way nevertheless contains sewer and water
lines which cannot be disturbed.
While considering the applicant's request, the Board was informed by Mr.
Howard Mandell of the Department of Public Works that his department would have
no objection to the abandonment and sale of this portion of Albany Street on
the condition that the abutting owners along the south line of Albany Street
agreed to the sale and that the city's infrastructure be protected by an
easement.
Consequently, the Planning Board voted to approve the abandonment and
sale of this portion of Albany Street with the conditions advanced by the
Department of Public Works and notes that S.E.Q.R. considers such matters to be
Type II actions which do not require further environmental review.
REFERRED TO THE .COMMITTEE ON FINANCE.
FROM THE BOARD OF PARKING
No. 11
Ownership of Former Goldome Parking Lot
Item No. 201, C.C.P. September 17, 1991
The Division of Parking's only responsibility in this matter is
the issuance of a license to operate a public parking lot pursuant to Chapter
307 Article II of the Ordinances of the City of Buffalo.
Key Corp. filed an application, the parking lot was inspected and found
to be in compliance and the Parking Board recommended a license be issued.
The Division of Parking has no copies of any management or lease
agreements in its files.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 12
REQUEST APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND CANISIUS
COLLEGE
Enclosed please find for approval of your Honorable Body, the
renewal Lease Agreement between the City of Buffalo and Canisius College. The
previous lease expired on March 31, 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
CERTIFICATE OF APPOINTMENT
Appointment to become effective September 30, 1991 in the Department
of Stadium & Auditorium Division of Memorial Auditorium, Daniel Granville 57
Hanson, Buffalo, 14220 to the position of Senior First Class Stationary
Engineer, Permanent at the starting salary of $25,017.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 14
Autumn Ind. -Kingsley Park
Remediation Info.
Item No. 84, C.C.P. 9/17/91
The Council has asked the Environmental Management Commission
for comments regarding letters sent by Autumn Industries on September 5 and 10
to residents of the Kingsley Park neighborhood.
As contractor to New York State for the remediation of the hazardous
waste site at Kingsley Park, Autumn Industries has a key responsibility to
maintain effective communication so as to protect the safety of City of Buffalo
residents and to minimize undue alarm. It is the view of the Environmental
Management Commission that the two letters in question, in their brusque and
telegraphic style, are not examples of good communication, and raise general
concerns about the effectiveness of the public information efforts of Autumn
Industries.
Effective communication is not merely an academic issue in this instance.
On reading the September 10 letter, for example, a reasonable person is likely
to wonder where he is to go should he hear the "three consecutive air horn
blasts", wonder how it might be safe to travel there, and wonder, should he
travel out of earshot, when it might be possible to return. These are
important questions involving personal safety and peace of mind.
While both letters do contain an information number, and while public
meetings have been held, it is written communication with all residents of the
Kingsley area which should be the foundation for interaction between the
contractor ad the residents. These letters, particularly that of September 10,
raise immediate questions which they do not answer, and in the view of the
Environmental Management Commission, call for more careful attention by Autumn
Industries to its public information program.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO PRESERVATION BOARD
No. 15
Proposed Landmark Designation
Breckenridge Street Church
44 Breckenridge Street
At its regular meeting September 5, 1991, the Buffalo Preservation
Board, having conducted a public hearing as required by the Preservation
Standards of the Buffalo Code on July 11, 1991, recommended designation of the
Breckenridge Street Church, at 44 Breckenridge Street, as a local historic
landmark.
This recommendation is the result of findings contained in a report
prepared by the Board's Landmark Designation Committee. A copy of the report
and the Landmark Application/Photos are enclosed for your information.
The Preservation Board determined that this structure meets the following
criteria specified in the Code for landmark designation;
a) It exemplifies the historic and economic heritage of the city.
b) It is identified with persons who significantly contributed to the
development of the city.
c) it embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type and method of construction.
d) it embodies elements of design, detailing, materials or craftsmanship
that render it architecturally significant.
Pursuant to Article III, Section 337-9 through 12 of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on the
aforementioned item and report back to the Common Council with a recommendation
on its findings.
For your information, the owner of the property, listed below, has
indicated that he opposes the proposed designation:
Joseph Deck, Jr.
Can-Am Commerce Center
361 Delaware Avenue
Buffalo, New York 14202
For the record, the vote by the Preservation Board on this item was as
follows:
AYES Bis, Conlin, Deck, Fox, Lownie, Rumsey, Siener
NAYES None
ABSTAINED Forton, Levin
ABSENT Krasowski
Motion carried.
The application was prepared and submitted by:
The Preservation Coalition of Erie County
c/o Ms. Carolyn Schaffner
P.O. Box 768
Buffalo, New York 14213
If you have any questions, please contact James P. Mandell, Board
Secretary, at extension 5071/5029.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
FROM THE COMPTROLLER
No. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $9,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, SEPTEMBER 23, 1991
RECEIVED AND FILED.
No. 17
Interfund Cash Loans for Capital Projects
Due to the changes in the Internal Revenue Code enacted in 1986,
I have had to develop new procedures to implement the financing of the Capital
City General Fund to the City, Board and Enterprise Capital Projects Funds. The
interfund loan will then be repaid when Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have three requests for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $85,000 for Polonia
Hall Improvements, $1,045,000 for Construction of University Heights Community
Center and $55,000 for the Reconstruction of Science Museum. The loans will be
repaid when bond Anticipation Notes or Bonds are issued.
From To Account Repayment date Total
100 Gen. 200 Capital Proj 200-717-076 BAN/Bond Sale $85,000
100 Gen. 200 Capital Proj 200-717-063 BAN/Bond Sale 1,045,000
100 Gen. 200 Capital Proj- 200-402-072 BAN/Bond Sale 55,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Permission to Negotiate
24 Boone, w 99.68' S South Park Vacant Land: 30.93' X 154' N Assessed
Valuation: $1,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Charles Rambino, President of South Side Auto & Truck Repair
of 1363-1365 South Park Avenue, Buffalo, New York to purchase the above
captioned property.
Mr. Rambino would like to purchase this property in order to expand his
business, which adjoins 24 Boone at the rear of his property line.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale.
However, the Department of Community Development recommends that a condition be
placed on the sale that Mr. Rambino obtain either a rezoning of the property or
receive approval from the Zoning Board of Appeals for a variance prior to
expanding his auto repair shop. 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. Higgins moved:
That the communication from the Comptroller dated September 19, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Charles Rambino, President of South Side Auto & Truck Repair of 1363-1365 South
Park Avenue, Buffalo, New York, for the private sale of 24 Boone, Buffalo, New
York, and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 19
Permission to Negotiate 993 Ellicott, E 39.33' N Edna Vacant Land: 38.86' x 62'
N Assessed Valuation: $1,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Josephine Shaw of 997 Ellicott Street, Buffalo, New York to
purchase the above captioned property.
Ms. Shaw would like to purchase this property, which is next to her home,
for an extension of her yard and parking for her personal vehicles.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale,
providing she obtains a curb cut and stones or paves the parking area in
accordance with the City Ordinances. 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. Higgins moved:
That the communication from the Comptroller dated September 25, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Josephine Shaw residing at 997 Ellicott Street, Buffalo, New York, for the
private sale of 993 Ellicott Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 20
Permission to Negotiate
117 Esser, S 227.992' W Condon
Vacant Land: 30.39' X 97.77' W
Assessed Valuation: $1,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Joseph Kedron, 2457 Niagara Street, Buffalo, New York 14207
to purchase the above captioned property.
Mr. Kedron would like to purchase this property for extra yard space.
The subject property is next to the residence Mr. Kedron is in the process of
purchasing.
It appears that the present owner of 115 Esser was unaware that 117 Esser
was a separate parcel from 115 Esser and he allowed his taxes to lapse with the
City acquiring 117 Esser through an in rem foreclosure.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Mr. Joseph Kedron on the above mentioned property and report
back to Your Honorable Body the results of negotiations.
Mr. Higgins moved
That the communication from the Comptroller dated September 27, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Joseph Kedron residing at 2457 Niagara Street, Buffalo, New York, 14207, for
the private sale of 117 Esser Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 21
Permission to Negotiate
328 Howard, N 241' E Coit Street
Vacant Land: 108.08' x 149'
Assessed Valuation: $12,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Mark D. Deinhart, Attorney on behalf of Sahlen Meat Packing
Company, 318 Howard Street, Buffalo, New York to purchase the above captioned
property.
Sahlen Meat Packing Company would like to purchase this property for
off-street parking purposes.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale,
providing the parking area is developed in accordance with Chapter LXX, Section
17b(3) and other statutes. Since this property immediately abuts newly
constructed home in Adamski Village, the deed must restrict future use of this
land to parking and must prohibit any other future commercial construction or
commercial/industrial use at this location. 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. Higgins moved:
That the communication from the Comptroller dated September 25, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mark D. Deinhart, Attorney on behalf of Sahlen Meat Packing Company, 318 Howard
Street, Buffalo, New York, for the private sale of 328 Howard Street, Buffalo,
New York, and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 22
Permission to Negotiate
693 Jefferson, E 250' N Sycamore
Vacant Land: 26' x 110'
Assessed Valuation: $350
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Michael J. Montesano, Jr., Attorney, on behalf of Mr. James
Vass of 693 Jefferson Avenue, Buffalo, New York, to purchase the above
captioned property.
Mr. Vass would like to purchase this property, which is next to his home,
for off-street parking purposes.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale.
However, we recommend that a condition be placed on the sale that Mr. Vass
obtain a curb cut permit and that he properly pave or stone the parking area.
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. Higgins moved:
That the communication from the Comptroller dated September 24, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Michael J. Montesano, Jr., Attorney, on behalf of Mr. James Vass of 693
Jefferson Avenue, Buffalo, New York, for the private sale of 693 Jefferson
Avenue, Buffalo, New York, and report to this Honorable Body the results of
such negotiations.
ADOPTED.
No. 23
Permission to Negotiate
94 Strauss, W 580.44 S Sycamore
Vacant Land: 30' x 139'
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Marvin Bennett of 92 Strauss, Buffalo, New York to purchase
the above captioned property.
Mr. Bennett would like to purchase this property, which is next to his
home, for recreational purposes.
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. Higgins moved:
That the communication from the Comptroller dated September 24, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Marvin Bennett residing at 92 Strauss Street, Buffalo, New York, for the
private sale of 94 Strauss Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 24
Permission to Negotiate
47-49 Walden, S E Cor. Loepere
Vacant Land: 48' x 150'
Assessed Valuation: $1,800
55 Walden, S 48' E Loepere
Vacant Land: 30' x 150'
Assessed Valuation: $4,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Ross Cellino, Sr. of Cellino, Bernstein & Dwyer, 700
Chemical Bank Building, 69 Delaware Avenue, Buffalo, New York, on behalf of Mr.
Earl Blacksheare owner of 37 Walden Avenue, to purchase the above captioned
properties.
Mr. Blacksheare would like to purchase these properties in order to
provide additional off-street parking for his business, which is adjacent to
said properties.
The Departments of Inspections and Community Revitalization has been
contacted and they have no objections to this sale, providing the parking area
is developed in accordance with Chapter LXX, Section 17b(3) and other statutes.
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. Higgins moved:
That the communication from the Comptroller dated September 18, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ross Cellino, Sr. of Cellino, Bernstein & Dwyer, 700 Chemical Bank Building, 69
Delaware Avenue, Buffalo, New York, on behalf of Earl Blacksheare of 37 Walden
Avenue, Buffalo, New York, for the private sale of 47-49 Walden Avenue,
Buffalo, New York, and $5 Walden Avenue, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 25
Computer Consolidation
COM #84, C.C. P. 7/23//91
My communication of September 27,1990 requested that your Honorable
Body establish a special committee to investigate the feasibility of computer
consolidation between the Board of Education and the City of Buffalo's Data
Processing Departments. Subsequent to my correspondence, a committee was
established by Council President George Arthur in January 1991. A final report
of that committee titled "Computer Consolidation Report" (COM #84, C.C.P.) was
issued on July 18, 1991.
The report issued by BULL HN was a thorough document but it should be noted on
Page #5, that this office disagreed with the dollar amounts expressed as cost
for consolidation. The report recommends that a committee be established to
determine and oversee efforts in relation to sharing of services by the Board
and the City. Regarding this recommendation, l have instructed my Director of
Data Processing to write to the Board's Data Processing Staff for the
establishment of this committee if not as an oversee but as a working
committee.
The report also recommends the intent of my proposal, that is a detailed study
of Computer Consolidation between the Board and the City. What it fails to do
is provide or recommend the avenue and the means by which this study should
take place. l respectfully request your Honorable Body, to correspond with the
Superintendent of Schools for his comments including his recommendation or
intention on a consolidation study.
I still believe, very strongly, that concerted efforts must begin to deal with
long range plans for consolidation. Now, more than ever, governments must learn
to maximize precious tax dollars and economize wherever and whenever possible.
l predict that future city budgets will reveal further limitation on resources
and those of us in government must prepare for this inevitability and make
these important decisions, like consolidation, to prevent duplication and waste
while enhancing efficiency.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Report of Audit
Department of General Services
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of General Services Audit Report for the period July 1, 1990 to June 30, 1991.
Our report recommended that the Department of General Services review the
Duties and Responsibilities Section of the City of Buffalo Charter and revise
as necessary. We also recommended that the Department prepare a written
"Policies and Procedures" manual for its divisions. It is our opinion that
several manually-kept Department/Division records including Workmen's
Compensation and the City Hall Stockroom inventory should be computerized. We
also recommended that identifiable departmental vehicle fuel and vehicle repair
and maintenance costs should be charged back to the user departments.
Departmental employees' work should be reviewed by their superiors and their
duties should be properly segregated.
Finally, we recommended that the Division of Inventory and Stores perform
"cycle" type physical inventories throughout the year at all City garage
locations.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF GENERAL SERVICES
No. 27
Request Lease Agreement Between the City of Buffalo
and the Buffalo Board of Education A.I.M. Program
Per Item #161, Common Council Proceeding of September 18, 1990,
Your Honorable Body approved a lease renewal between the City of Buffalo and
the Buffalo Board of Education A.I.M Program. This lease was for the use of a
room adjacent to the gymnasium at former School 29, 2219 South Park Ave.
The Buffalo Board of Education has occupied this small office for use of
the A.I.M. Program for several years. This program enables their teacher aide
to utilize this office on a daily basis, Monday through Friday, 8:30 am. to
3:00 p.m., in order to implement a program that will help to decrease youngster
absenteeism in school.
The Buffalo Board of Education A.I.M. Program is requesting to renew the
lease agreement under the same terms and conditions as the previous lease
renewal, with the following exceptions:
1. the lease is to run for a five year term commencing September 16, 1991
through September 15, 1996
2. This lease shall be subject to cancellation at any time by the City of
Buffalo upon sixty (60) days written notice.
The insurance is to be provided saving the City of Buffalo harmless from
any liability as set forth per Item #197, C.C.P. March 31, 1987.
This office recommends acceptance of this lease agreement.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 28
Transfer Title 85 Doyle
Item #70, C.C.P. 9/17/91
This Office has received a request from Michael A. Williams, Legislative
Assistant for a report regarding the procedures used and an explanation for the
delay involved in this request. He has also asked for the normal procedures
for homesteading a piece of City-owned property not slated for new housing
development.
The Division of Real Estate received a release for the above captioned
property from the Department of Inspections and Community Revitalization on
February 22, 1991. Attached to that notice was a request addressed to
Inspections & Community Revitalization from Geoffrey K. Klein, Attorney for
Theodore and Jacqueline Leber. Attorney's Klein's letter dated October 22, 1990
requested to purchase the 2.45' wide street from the City of Buffalo through
the Homestead Act.
On February 27th, five (5) days after this office received the request to
homestead the property, we forwarded the request to homestead to Mr. Joseph
Pandolfino of Inspections & Community Revitalization to initiate the necessary
homestead procedures.
On or about July 15, 1991 the Division of Real Estate received, for the
Comptroller's signature, the transfer of title from the Department of
Inspections and Community Revitalization. The communication was signed by the
Comptroller and returned to the Department of Inspections & Community
Revitalization for filing. The communication was filed for the September 17th
meeting of the Common Council, Item #70.
The procedures for the homesteading of a City-owned property were
established pursuant to Council Resolution, Item #245, C.C.P. 9/17/74. These
procedures established "the City of Buffalo will be surveyed in order to
determine the number of City-Owned vacant lots which are too small or which are
inappropriate for either homestead development or public facilities.. Where
such a lot is joined by two or more adjacent privately-owned properties, each
adjoining property owner will be contacted.. . in order to determine whether
the City-owned property can be sold. If any person evidences interest in
purchasing all or a part of the land, the Comptroller will be immediately
notified in order that a negotiate sale maybe completed.
Where such lot is joined by only one adjacent property, or where no property
owner indicates interest in purchasing the City-owned land, B.U.R.A. will
recommend to the Buffalo Common Council and to the Comptroller that the land be
transferred at no cost to those adjacent property owners who are willing to
improve and maintain the land. Distribution of the land should be equitable
between all property owners interested in maintaining it. Upon receipt of the
Comptroller's concurrence with the B.U.R.A.'s recommendations, the Common
Council will authorize transfer of title to the specific property to those
adjacent property owners on condition that:
1. The property is cleaned and improved within six (6) months.
2. The property is maintained in a sanitary manor for at least thirty-six
(36) months.
These are the basic procedures that are followed.
It should be noted that the Department of Inspections and Community
Revitalization has taken over the function of B.U.R.A.
This Office cannot explain why she letter from Mr. Klein to the
Department of Inspections and Community revitalization was not forwarded until
February 22, 1991, a four (4) month delay.
This Office through the Director of Real Estate will be available to
discuss any changes in policies or procedures that Your Honorable Body is
contemplating.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 29
Results of Negotiations
1570 Fillmore, W 30' N Sidney
Vacant Lot: 30' x 120'
Assessed Valuation: $500
1574 Fillmore, W 60' N Sidney
Vacant Lot: 30' x 120'
Assessed Valuation: $500
Item #23, C.C.P. 7/23/91
In the above mentioned item Your Honorable Body authorized the
Office of the Comptroller to negotiate a private sale of the subject premises
with Reverend Marvin W. Robinson, Evening Star Church of God in Christ. The
Church intends to purchase and improve this parcel for parking facilities.
An independent appraisal of the property was conducted by Donald A.
Griebner, Northeastern Appraisal Associates, Inc., 475 Main Street, Buffalo,
New York 14203. He has estimated the fair market value of the subject property
to be Twenty-Nine Hundred Dollars ($2,900) which indicates Forty Cents (.40) a
square foot. The Division of Real Estate concurs with the appraiser's estimate
of value.
The results of our negotiations are that Reverend Marvin W. Robinson,
Pastor, Evening Star Church of God in Christ has agreed and is prepared to pay
Twenty-Nine Hundred Dollars ($2,900) for the subject property. He has also
agreed to pay for the cost of the appraisal, transfer tax and cost of legal
description.
This office recommends that Your Honorable Body approve the sale of 1570
and 1574 Fillmore Avenue to the Evening Star Church of God in Christ in the
amount of Twenty-Nine Hundred Dollars ($2,900).
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESIDENT OF THE COUNCIL
No. 30
APPOINTMENT- MEMBER OF PRESERVATION BOARD
I am reappointing Mr. Peter L. Levin to a full term of the Buffalo
Preservation Board.
If you recall, I had previously appointed Mr. Levin to fill the unexpired term
of Mrs. Sue S Gardner. Mr. Levin has been a very active member of the Board,
since his appointment and his reappointment is also by request of Mr. Bis.
Mr. Levin's term will expire August 3l, 1994.
RECEIVED AND FILED.
No. 31
APPOINTMENT - MEMBER OF PRESERVATION BOARD
This is to inform you that I have appointed Mr. Mark Draper, 22
Viola Park, Buffalo, New York to the unexpired term of the "Other Historic
District", of the Preservation Board.
Mr. Draper's term will expire August 31, 1992. He is completing the term of
his recently deceased father, Carl A. Draper. Mark is presently a Client
Service Specialist with the Private Industry Council and meets all the
necessary qualifications of the Board.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 32
Tax Cancellation 1991-1992
Adjustments on the General City Tax for 1991-1992 were made on
the following properties (list attached) to provide for changes due to omitted
or incorrect exemptions and assessment errors.
I, therefore, request that a warrant be drawn on 81-2 General City
Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes
indicated on the attached list in the amount of $28,894.28.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 33
Monthly Report of Licenses Issued August 1991
I am respectfully submitting the enclosed report of licenses issued
in the month of August 1991 by the Division of License.
RECEIVED AND FILED.
No. 34
PERMISSION TO PREPARE PLANS AND
SPECIFICATIONS - WATERMAIN REPLACEMENT
BROADWAY AVE., CENTRAL AVE.
AND SOUTH OGDEN STREET
I hereby respectfully request your Honorable Body's permission
to prepare plans and specifications and advertise for bids to replace and
install new watermains at the following locations:
Broadway Avenue - Install approximately fifty (so) feet of new 12 inch ductile
iron pipe to connect the 12 inch watermain in Bailey Avenue to the 24 inch
watermain in Broadway and Bailey. This is required as the existing 12 inch
watermain in Bailey Avenue is dead-ended and has resulted in low water pressure
in this area.
Central Avenue - Install approximately thirty (30) feet of new 12 inch ductile
iron pipe from the 12 inch watermain in Stanley Place to the 36 inch watermain
in Central Avenue. The 12 inch watermain in Stanley Place is presently
deadended which has also resulted in a reduction of water pressure for this
area.
South Ogden Street - Install approximately two hundred and twenty (220) feet of
new 12 inch ductile iron pipe under the railroad tracks in South Ogden Street
and Queen Street. The 12 inch watermain ruptured in 1987 and it has been
determined that this section of-pipe under the tracks must be replaced in its'
entirety. The old pipe will be removed from the existing steel sleeve that is
under the tracks and a new 12 inch pipe will be installed in the existing steel
sleeve.
Funds for this work are available in the Division of Water's 415 Capital
Projects Fund, 502 Account.
Mr. Higgins moved:
That the communication from the Commissioner of Public Works dated
September 25, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
prepare plans and specifications and advertise for bids to replace and install
new watermains at Broadway Avenue, Central Avenue and South Ogden Avenue.
Funds for this work are available in the Division of Water's 415 Capital
Projects Fund, 502 Account.
ADOPTED.
No. 35
Report of Bids Parapet Reconstruction
Shea's Buffalo Theatre Buffalo, New York
As authorized by Your Honorable Body in Item No. 38, CCP September
2, 1980, I advertised for On September 2, 1991 and received the following
sealed proposals which were publicly opened and read on September 24, 1991.
Vara-Science, Inc. 19,877.00
Nichter Construction 27,477.00
Gerald T. Stay Co. 36,200.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Vara-Science in the amount of $19,877.00 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid.
Funds for this work are in B/F 200-402-026 Division of Buildings.
Estimate for this work was $27,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- ARTHUR - 1.
No. 36
Change Order #2 - Bailey Avenue Reconstruction Between Seneca Street and Elk
Street Destro Brothers Construction Company
Item No. 34, C.C.P. 7/31/90
I hereby submit to your Honorable Body the following change order
for the above mentioned project
luring construction it was determined additional milling and pavement
work would be needed on Elk Street, Seneca Street and Bailey Avenue to
accommodate the changing of Bailey Avenue and Seneca Street from one way to two
way streets.
In order to accomplish this change, I hereby request permission to spend
an additional $75,000 on the project The final cost of the work will be based
on actual measured quantities of material used.
Original Contract $1,101,202.67
Change Order #1 (approved unit price) $100,000.00
Change Order #2 $75,000.00
TOTAL $1,276,202.67
Funds for this additional work are available in Division of Engineering
and Fund #200-401-538.
That the communication from the Department of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Destro Brothers Construction Company, in the amount of
$75,000.00 for additional work relating to the Bailey Avenue Reconstruction
Project, with said cost to be charged against the Division of Engineering Bond
Fund 200-401-538 account.
PASSED
AYES- 12 NOES- 0.
No. 37
Change in Contract Reconstruction of
Various Fire Stations Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Reconstruction of Various Fire Stations, Ajax-Smith, Inc.
C-9l548700:
l. Replace torsion spring at newly
installed O.H. Door at Engine 34. ADD $225.00
2. Credit for track replacement
(not furnished per Addendum #1). DEDUCT $545.00
Field inspection indicated that the track did not have to be replaced, only the
torsion spring required replacement.
The foregoing change results in a net decrease in the contract of Three Hundred
Twenty and 00/lOO Dollars ($320.00).
Summary Original Amount of Contract $175,812.00
Change Order No. 1 CCP 30 6-11-91 ADD 10,444.00
Amount of this Change (No. 2) DEDUCT 320.00
Revised Amount of Contract $185,936.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
I recommend that Your Honorable Body authorize the Commissioner of Public corks
to issue a change order to the contractor as set forth above.
Mr. Higgins moved:
That the communication from the Department of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order for Reconstruction of Various Fire Stations to Ajax-Smith,
Inc., C-9l548700 in the amount to be decreased $320.00.
PASSED.
AYES- 12 NOES- 0.
No. 38
Change in Contract
Partial Reconstruction
2nd Floor Police Headquarters
I herewith submit to Your Honorable Body the following change
in contract for the Partial Reconstruction of Second Floor, Police
Headquarters, Seneca-Hawk, Inc. C-91628900:
l. Furnish and install additional
furring, drywall and painting. ADD $1,520.40
This work is per a Police Department request.
The foregoing change results in a net increase of One Thousand
Five Hundred Twenty and 40/lOO Dollars ($1,520.40).
Summary Original Amount of Contract $27,679.00
Amount of this Change (No. l) ADD 1,520.40
Revised Amount of Contract $29,199.40
This change could not be seen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-513 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Higgins moved
That the communication from the Department of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Seneca-Hawk, Inc. C-9l628900 in the amount of $1,520.40
for additional work relating to the Partial Reconstruction of Second Floor,
Police Headquarters, with said cost to be charged against the Division of
Buildings B/F 200-402-513 account.
PASSED
AYES- 12 NOES- 0.
No. 39
Change in Contract
Partial Reconstruction
2nd Floor Police Headquarters
I herewith submit to Your Honorable Body the following change
in contract for the Partial Reconstruction of Second Floor, Police
Headquarters, Tunney Electric, Inc. C-9l632000:
l. Furnish and install additional
communication raceway and revised
electrical locations. ADD $1,291.32
This work is per a Police Department request.
The foregoing change results in a net increase of One Thousand
Two Hundred Ninety-one and 32/100 Dollars ($1,291.32)
Summary Original Amount of Contract $8,120.00
Amount of this Change (No. l) ADD 1,291.32
Revised Amount of Contract $9,411.32
This change could not be seen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-513 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Higgins moved:
That the communication from the Department of Public Works, be received
and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Tunney Electric, Inc. C-91632000 in the amount of
$1,291.32 for additional work relating to the Partial Reconstruction of Second
Floor, Police Headquarters, with said cost to be charged against the Division
of Buildings B/F 200-402-513 account.
PASSED
AYES- 12 NOES- 0.
No. 40
Emergency Repair to 1982 Bomag Ashpalt Roller.
On September 16, 1991, the Division of Engineering Bomag Asphalt
Roller, support vehicle for the Division of Engineering's Asphalt Paver, broke
down while in use. I therefore have declared an emergency to expedite repair.
The situation necessitated immediate action. Without the use of this
roller, in house paving operations stop. I therefore instructed Engineering
Maintenance Personnel to take the appropriate action necessary to get this
piece of equipment back into service. This required Engineering personnel to
contact Donnelly Diesel of Buffalo to have this Roller transported to their
facility for action. Funds for this repair are available in account number
100-401-015-00-523.
Mr. Higgins moved:
That the communication from Public Works dated September 25, 1991, be
received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
award a contract for emergency repairs for the Division of Engineering's Bomag
Asphalt Roller to Donnelly Diesel of Buffalo. Funds for the repair are
available in Account No. l00-40l-015-00-523.
PASSED.
AYES- 12 NOES- 0.
No. 41
Cost of Handicap Curb Ramps"
Item #160 C.C.P. September 03, 1991
With reference to the above item, the Department of Public Works,
Division of Engineering, has identified 130 street intersections requiring a
total of 523 handicap ramps.
The streets that were investigated were: Humboldt Parkway, Jefferson
Avenue, Utica Street, Riley Street, Fillmore Avenue, Wohlers Avenue, Roehrer
Avenue, E. Delavan Avenue, and Northland Avenue.
Total estimated cost for constructing handicap ramps at these locations,
in strict conformance with City Standard Specifications, is $588,400.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Request Cancellation of Sidewalk Assessment for 49 Parkside
Item #164, C.C.P. of September 3, 1991
In this communication it is noted that the assessment for sidewalk
installation work at 49 Parkside Avenue should be cancel led because the
concrete damage in question resulted from tree roots.
That information is totally unfounded because the city provided 262.3
square feet of new concrete at that location at no cost to the property owner
because the damage was caused by tree roots. The 63 square feet that the owner
is being assessed for was not tree damaged and as such, was his responsibility
to bear the cost.
This department acted properly and in accordance with city ordinances in
this matter and sees no reason for cancelling the assessment. To do so would
be illegal and unfair to other property owners who were similarly assessed.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
No. 43
Restaurant/Dancing Class IV
1800 Niagara Street
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 1800 Niagara Street and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class IV License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations and
other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Eva Hinchey. The Police Department's approval is attached hereto.
In consideration of the application of:
Eva Hinchey D/B/A Cafe Hennessey
1800 Niagara Street
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Western New York Communications requests permission to install payphones within
city right of way.
Mr. George P. Bein, Vice President of Western New York Communications
(W.N.Y.C.), located at 202 Allen Street. has requested permission to install
payphones within city right of way at the following three locations:
A. Southwest corner of Kehr and Box Streets.
B. Northeast corner of Hamburg and Perry Streets.
C. Southeast corner of Hertel Avenue & Traymore St.
The proposed locations presently have no payphones in the immediate area. The
W.N.Y.C. payphones would be mounted on self-supporting pedestals and will not
accept incoming calls.
The Department of Public Works has reviewed Mr. Bein's request pursuant to
Chapter 413-67 (Encroachment regulations) of the City Ordinances and has no
objection to your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for said installation provided the following
conditions are met:
1. That W.N.Y.C. obtain any and all other City of Buffalo permits necessary
for said installation.
2. That the payphones not be installed in the main public sidewalk area
intended for pedestrian traffic.
3. That W.N.Y.C. obtain any permits and/or licenses required by the
Department of Public Works, Division of Buildings-Licenses, Room 113 City Hall.
4. That W.N.Y.C. enter into a standard revenue sharing contract with the
City of Buffalo.
5. That W.N.Y.C. be responsible for maintaining said payphones as long as
they remain in city right of way.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
No. 45
309 Bryant requests permission to install trash can enclosure which encroaches
city right of way
Mr. Michael Morga of LBM Construction Inc., acting as agent for
Mr. Ronald Morga, owner Of Just Pasta, a restaurant located at 309 Bryant
Street, has requested permission to install a trash container enclosure at said
address.
The proposed enclosure would be located on the Ashland Street side of the
property and be adjacent to the building face leaving four (4) feet of
uninterrupted public sidewalk for pedestrian traffic. The enclosure would be
constructed of pipe and stockade fence and measure six (6 feet in height,
twelve (12) feet in width, and project five (5) feet from the building face
into city right of way.
Furthermore, the trash containers inside the enclosure would be
maintained and the trash collected by a privately owned firm at no expense to
the City.
The Department of Public Works has reviewed Mr. Morga's request pursuant
to Chapter 413-67 (encroachment regulations) and has no objection to your
Honorable Body authorizing the Commissioner of Public Works to issue a "Mere
License" 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 enclosure be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant be responsible for maintaining said enclosure as long
as it remains within city right of way.
4. That the applicant supply the City of Buffalo with a $5,000.00
construction in street bond which will indemnify and hold harmless the City of
Buffalo against any and all loss or damage caused by the installation, use and
removal of said enclosure.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
NFTA requests permission to install pole signs
within city right of way.
Mr. Robert E. Kryta, Architect for the Niagara Frontier Transportation
Authority (N.F.T.A.), has requested permission to install ten (10) pole signs,
all of which would encroach city right of way, at various locations on Main
Street.
The proposed signs purpose is to more easily identify the underground
light rail rapid transit (LRRT) stations. The signs would be located in the
sidewalk area of said stations, measure fifteen (15) feet in height, and be
illuminated.
The N.F.T.A. requests permission to install said signs at or near the
intersections of the following city streets:
A. Washington and High
B. Main and Allen
C. Main and Best
D. Main and East Utica
E. Main and East Delavan
F. Main and Humboldt
C. Main and Kensington Parkway
H. Main and Amherst
I. Main and Lasalle
J. Main Street at University of Buffalo
The Department of Public Works has reviewed the N.F.T.A. request and has
no objection to your Honorable Body granting the Commissioner of Public Works
to issue a "Mere License" for said installation provided the following
conditions are met:
1. That the N.F.T.A. 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 signs be installed in a manner so as not to impede pedestrian
traffic.
4. That the N.F.T.A. be responsible for maintaining said signs as long as
they remain within city right of way.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 47
388 Amherst requests permission to install
awning within city right of way.
Mr. Jesse Kohler, of Kohler Awning, acting as agent for Mr. James
Wistner, owner of JoJo's Pizzeria, located at 388 Amherst Street. has requested
permission to install an awning which would encroach city right of way at said
address.
The proposed awning would measure twenty-two (22) feet in length, four
(4) feet in height, and project two (2) feet, six (6) inches from the building
face into city right of way.
The Department of Public Works has reviewed Mr. Kohler'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 COMMlTTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 48
Report of Bids -School No. 19 Play Area
As authorized by Your Honorable Body, Item No. 46, C.C.P. July
23, 1991, I advertised for and received the following sealed proposals for
School No. 19 Play Area which were publicly opened and read on September 24,
1991:
BIDDER BASE BID ADD ADD DEDUCT
ALT.1 ALT.2 ALT. 3
Gleason's Nursery, Inc. $16,813.80 $3,115 $700 $ 800
4780 Sheridan Drive
Williamsville, New York 14221
LCP Construction 18,055.00 3,100 900 500
589 Northland Avenue
Buffalo, New York 14211
Odessa Development 18,900.00 4,617 1,400 812
64 Hawley Street
Buffalo, New York 14213
Birch Grove Inc. 21,189.00 4,417 697 1,783
P.O. Box 117
East Aurora, New York 14052
Tomani's Eastern Const. 23,495.00 5,400 900 1,000
649 Marilla Street
Buffalo, New York 14202
Designers Estimate: 20,000.00
The foregoing is a true and correct abstract of all bids received and
Gleason's Nursery, Inc. is the lowest responsible bidder in the amount of
$16,813.80. Funds will be available in Capital Project Account 200-601-033.
I therefore, recommend that Your Honorable Body authorize the Deputy
Commissioner of Parks to order the work by Gleason's Nursery, Inc. in the base
bid amount of $16,813.80.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 49
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. #104 of February 2, 1988, attached hereto please find
copies of the following listed checks:
#8155-00088742 - $3,915.00
#8155-00088736 - $6,945.00
#8155-00088750 - $3,249.00
#8155-00088761 - $1,683.00
#8155-00088748 - $2,570.00
#8155-00088753 - $1,253.00
#8155-00088746 - $1,343.00
TOTAL $20,958.00
These checks were received by this department and duly deposited in Trust &
Agency Account #630-065-217-00-000.
RECElVED AND FILED.
No. 50
Request Permission to Accept Check
I respectfully request permission to accept a $500.00 check from
the 100 Club of Buffalo submitted to this department. This check represents a
portion of proceeds allocated to our department from the 100 Club Appreciation
Day baseball game. The funds will be deposited in a miscellaneous revenue
account. A copy of said check is attached.
Mr. Higgins moved:
That the communication from the Commissioner of Police dated September
12, 1991 be received and filed; and
That the Commissioner of Police be and he hereby is authorized to accept
a $500.00 check from the 100 Club of Buffalo which represents a portion of
proceeds allocated to the Police Department from the 100 Club Appreciation Day
baseball game. Said funds will be deposited in a miscellaneous revenue account.
PASSED.
AYES- 12 NOES- 0.
No. 51
Abandon portion of Morley Place
Item #59, C.C.P. September 3, 1991
Please be advised that the Buffalo Police Department has no objection
to the sale of a portion of Morley Place under the conditions as stated in a
report from David Comerford, Commissioner of Public Works.
Please, however, be advised that this sale would affect one house which is
within the sale area and would have an impact on two other houses which would
remain on the street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 52
STANDARDIZATION OF FIRE HELMETS
C.C.P. #75 9/3/91
Council Communication #75 dated September 3, 1991, Standardization
of Fire Helmets, is not viable, and we wish to withdraw this proposal at this
time.
We will work toward Standardization of these helmets with the Safety Committee
of the Buffalo Fire Department.
When the Safety Committee agrees on a helmet that is suitable, we will resubmit
this proposal.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 53
Rescind sale of 544-546 Broadway
Purchaser: Kenneth Gayles, M.D.
Item No. 27, C.C.P., September 16, 1988
The above item was passed by Your Honorable Body during your meeting
of September 16, 1988.
However, Dr. Kenneth L. Cayles has not responded to communications from
the Law Department to effect conveyance of said property. Said purchaser was
properly informed regarding forfeiture of his deposit of one thousand ($1,000)
dollars.
Therefore, I request Your Honorable Body to authorize rescission of the
sale, forfeiture of the deposit and return of the premises to inventory for
future sale.
Attached is an approving motion to accomplish this purpose.
Mr. Higgins moved:
That the above communication from the Corporation Counsel be received and
filed; and
That the action of the Common Council under Item No. 27, C.C.P.,
September 16, 1988 authorizing the sale of 544-546 Broadway to Kenneth L.
Gayles be and the same hereby is rescinded, the deposit is forfeited and the
premises returned to the Comptroller for future sale or transfer.
PASSED
AYES- 12 NOES- 0.
No. 54
Lease 635 Elk From
Mobil Oil Community
Services/Crime Stoppers
Crime Prevention Program
Item No. 42, C.C.P., 9/17/91
Please be advised that I have assigned my staff to review the
lease agreement proposed by the Mobil Oil Corporation for 635 Elk Street
intended for use by the Police Department as offices for the Police Community
Services Unit and the Crime Stoppers Crime Prevention Program.
Upon completion of the review, I will make my recommendations to Your Honorable
Body accordingly.
RECEIVED AND FILED.
No. 55
Abandonment of Portion of
Asbury Alley
North Side of Chippewa
Item No. 18, C.C.P., 9/17/91
The Law Department has reviewed the communication from the Comptroller
referenced above and confirms that the Comptroller has accurately identified
the Charter provisions which must be complied with.
I must emphasize that in the event, pursuant to Article 21, Section 390 of the
Charter, the closing of the alley or part thereof which is to be closed cuts
off all access to the abutting properties and the consent of the owners and
mortgagees of record is not obtained, the City will be faced with the prospect
of paying Just compensation in an undetermined amount to which those owners and
mortgagees may be legally entitled.
RECEIVED AND FILED.
No. 56
Tax Exemptions for Persons 65 Years of Age or Over
Item No. 29, C.C.P. 9/17/91
With regard to the referenced item, please be advised that I shall
direct my staff to review the Real Property Tax Law as it affects tax
exemptions and the maximum income eligibility for property owners sixty-five
(65) years of age or over and to prepare any necessary Local Law, Ordinance or
Resolution accordingly.
RECEIVED AND FILED.
No. 57
Broadway Market Parking
Ramp Reconstruction of
Lighting Contract No. 91602400
Item No. 56 C.C.P. 9/17/91
After reviewing the above referenced contract it is the opinion
of the Law Department that it may be assigned upon the written consent of the
Commissioner, except that the assignment to any person, firm or corporation by
whom a proposal was submitted to the City for the same contract is absolutely
prohibited.
Commissioner Comerford executed the contract on behalf of the City and he would
be the proper commissioner to grant permission of assignment. In the event
Weydman Electric Company submitted a proposal to the City for the same
contract, Section 408 of the Charter as restated in the terms of the Agreement
at Article 8 would absolutely prohibit the assignment to Weydman Electric
Company and another company would, of necessity, have to be selected.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 58
Extension of Time of Contract Improvements to Walden Park
In accordance with the terms of the contract between the City
of Buffalo and Birch Grove Landscaping and Nursery, Inc., C-91626200, the work
should be finished by September 21, 1991. Due to extended delivery schedules,
on some of the site furniture, the work can not be completed by this date.
I have, therefore, granted an extension of time to October 31, 1991 to
Birch Grove Landscaping and Nursery, Inc., to complete the work on their
contract.
RECEIVED AND FILED.
No. 59
J. Price - Request to build a warehouse addition at 265 Germania
Item No. 86, C.C.P., September 17, 1991
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Higgins moved:
That the communication from the Commissioner of Community Development
dated September 24, 1991 be received and filed; and
That "J. Price - Request to build a warehouse addition at 265 Germania"
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).
Raving 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. 60
S. Aldharaa - Application to use 914-916 Elmwood
for take-out/sit-in restaurant
Item No. 87, C.C.P., September 17, 1991
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
No. 61
Ownership of Former Goldome Parking Lot.
#201, C.C.P. September 17, 1991
As per your request attached hereto please find a copy of the
temporary lease for the former Berger s parking lot between BURA and Paul
Snyder's organization.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF STREETS
No. 62
Architectural/Engineering
Services - War Memorial Stadium Site
Item 490, CCP 9/3/91
As requested by Your Honorable Body at the Finance Committee meeting
of 9/24/91, the firm of Robert Traynham Coles, Architect, P.C. has reduced his
proposed fee for Architectural/Engineering Services related to the
Redevelopment of War Memorial Stadium to $110,000; as opposed to the prior
amount of $120,000, previously quoted in Item 490, CCP 9/3/91. This reduced fee
of $110,000 includes a $5,000 charge for negotiating the deduct change orders
mandated by Your Honorable Body as per Item 4151, CCP 6/25/91.
A summary of proposals for the required work is as follows:
1. Duchscherer Oberst Design, P.C.
Revise contract documents and perform necessary engineering contract
administration. $105,000.
2. Robert Traynham Coles, Architect P.C.
Negotiate Change orders as per
Item 4151, CCP 6/25/91 $5,000.
Revise contract documents and perform necessary engineering
contract administration. $105,000.
Your immediate choice of a consultant for the contract documents revisions and
engineering contract administration services is respectfully requested. We
also request authorization for the $5,000 change order negotiation item.
Funds for this work are available in Bond Fund 4200-717-094.
Mr. Higgins moved:
That the communication from the Commissioner of Community Development
dated September 26, 1991, be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to enter into a contract with Robert Traynham Coles, Architect, P.C.
for architectural/engineering services for the redevelopment of War Memorial
Stadium in the amount of $110,000 including a $5,000 fee for negotiating change
orders.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- BAKOS - 1.
No. 63
Reply & Recommendations for permits to collect refuse and garbage in the City
of Buffalo.
Item #52, CCP 6/25/91, Item #75, CCP 7/23/91
Item #76, CCP 7/23/91
The following is in response to your request concerning requests
for permits to collect refuse and garbage in the City of Buffalo:
l. The companies are:
Rubbish Removal of New York, Inc.
100 Mushroom Blvd.
Rochester, New York
Modern Disposal Services, Inc.
4746 Model City Road
Model City, New York
Amherst Ash & Refuse Service, Inc.
137 Rosemont Drive
Eggertsville, New York
2. They service anyone they contract with.
3. They dump outside of the city:
a) Modern Landfill - Niagara Falls
b) Integrated Waste Systems - Erie PA
c) Landfill - Ohio
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 64
Report of Emergency Bids for Demolition
Within the City of Buffalo
Due to the very serious and hazardous condition of the properties
stated below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (l) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at these locations, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
September 6, 1991 and that seven (7) contractors submitted bids. The contracts
were awarded to the following lowest bidders:
ADDRESS/OWNER CONTRACTOR AND AMOUNT OF BID
366 Walnut St. front & rear Integrated Waste Special Services
City of Buffalo $8,000.00
61 Van Rensselaer Street Lebis Contracting
City of Buffalo $6,300.00
491 Adams Street Integrated Waste Special Services
City of Buffalo
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
projects.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the projects be
charged to this department's Capital Outlay Account #l00-24l-095-00-900.
Mr. Higgins moved:
That the communication from the Commissioner of Inspections and Community
Revitalization dated September 17, 1991 be received and filed, and
That the Commissioner of Inspections and Community Revitalization be and
he hereby is authorized to award emergency demolition contracts as follows:
a) 366 Walnut St. front and rear to Integrated Waste Special Services, at
a cost of $8,000.00.
b) 61 Van Rensselaer St. to Lebis Contracting, at a cost of $6,300.00.
c) 491 Adams Street to Integrated Waste Special Services at at cost of
$4,358.00.
All of the above properties are owned by the City of Buffalo. The cost
of these contracts are to be charged to the Department's Capital Outlay Account
#100-241-085-00-900.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 65
CERTIFICATE OF APPOINTMENT
Appointment to become effective 9/23/91 in the Department of Administration
& Finance Division of Treasury Ruth O'Leary 397 Abbott Rd., Buffalo, N.Y. to
the position of Teller, Permanent Contingent at the starting salary of $20,031.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 66
Indemnification of the Board of Education and Acceptance of Funds for the
Lighted Schoolhouse Programs.
WHEREAS: The Common Council approved a resolution, C.C.P. #138,
September 20, 1988 which authorized the Department of Human Resources, through
the Division for Youth and others to conduct Lighted Schoolhouse Programs; and
WHEREAS: Approval of each program must be authorized by the Common Council; and
WHEREAS: The Lighted Schoolhouse Program continues to be of great benefit to
the citizens of the City of Buffalo enabling citizens to utilize city school
buildings in the evening hours, during the summer, holidays, weekends and on
other occasions; and
WHEREAS: Lighted Schoolhouse Programs will be conducted at the following
schools: Traditional, Campus East, East Side YMCA, MLK Casino, #37, MLK, #30, #
44, Build, # 54, #56, #81, McKinley, #38, #45, #63, #28, #68 and Waterfront;
and
WHEREAS: The Common Council must also accept, on behalf of the City, the funds
allocated by the Buffalo Urban Renewal Agency as follows: September 26, 1991,
Item 3e, in the amount of $234,329 for programmatic costs for the Lighted
Schoolhouse Program.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council authorizes the Department of Human Resources, through
the Division of Youth, various community corporations, civic organizations, and
other persons, firms, corporations, and agencies to conduct Lighted Schoolhouse
Programs provided that each program and its sponsor be first approved and
authorized by this Common Council, that such authorization and approval to be
communicated to the Buffalo Board of Education, and
BE IT FURTHER RESOLVED:
That the City of Buffalo, New York hereby agrees to indemnify and hold harmless
the Board of Education of the City School District of the City of Buffalo, New
York, of and from any and all manner of action and actions, cause and causes,
suits, debts, dues, sums of money, accounts reckoning, bonds, bills,
specialities, covenants, contracts, variances, trespasses, damages, judgements,
extents, executions, claims and demands, whatsoever in law or in equity, on
account of the conduct of such Lighted Schoolhouse Program undertaking, with
prior approval and authorization of the Common Council; and
BE IT FURTHER RESOLVED:
That the Common Council accepts funds allocated by the Buffalo Urban Renewal
Agency as follows: $234,329 for programmatic costs.
Mr. Higgins moved:
That the communication from the Commissioner of Human Resources dated
September 26, 1991, be received and filed; and
That this Common Council hereby authorizes the Department of Human
Resources, through the Division of Youth, to conduct Lighted Schoolhouse
Programs at the following schools: Traditional, Campus East, East Side YMCA,
MLK Casino, #37, MLK, #30, #44, Build, #54, #56, #81, Mckinley, #38, #45, #63,
#28, #68 and Waterfront, and that such authorization and approval be
communicated to the Buffalo Board of Education; and
That this Common Council hereby accepts, on behalf of the City of
Buffalo, funds for programmatic costs allocated by the Buffalo Urban Renewal
Agency in the amount of $234,329.00.
PASSED.
AYES - 12 NOES- 0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 67
Disposal of Surplus Vehicles
The Department of General Services received, at open auction,
bids in excess of $500.00 for surplus police vehicles listed below:
P-388 1983 Chevr 2DSD - Jeremy Ronsen - $700.00
P-518 1985 Dodge UDSD- Norm Wojtkowiak - $675.00
P-824 1988 Plymo UDSD E. McMillan - $550.00
P-827 1988 Plymo UDSD - Rick LaPorta - $840.00
Photographs of the above vehicles are attached. Request approval to dispose of
these vehicles to the high bidder listed above.
Mr. Higgins moved:
That the communication from the Commissioner of General Services dated
September 19, 1991 be received and filed; and
That the Commissioner of General Services be and he hereby is authorized
to dispose of the above surplus police vehicles to the highest bidders.
PASSED.
AYES 12 NOES -0.
No. 68
Waiver of Requirement for Performance Bond for Morning Pride Mfg. for Purchase
of Helmets and Face Shields for the Department of Fire
Bids were opened August 7, 1991, for helmets and face shields
for the Fire Department. Three bids were received, and the lowest bidder
meeting specifications was Morning Pride, Mfg., 1986 Home Rd., Dayton, OH
45417, who bid $7,601.10.
I am requesting permission to waive the bonding requirement, as Morning Pride
has already delivered the equipment to meet the deadline for the opening of the
new rookie firefighters class. Audit has inspected and accepted this
equipment.
Had Morning Pride waited until the formal bidding process was complete, the
Fire Department would not have received the equipment for this class.
RECEIVED AND FILED.
No. 69
Waiver of Requirement for
Performance Bond for Dobmeier Janitor Supply for Purchase of a Power Scrubber
for Pilot Field
Bids were opened August 2, 1991, for a power scrubber for Pilot
Field. Five bids were received, and the lowest bidder meeting specifications
was Dobmeier Janitor Supply, Inc., 354 Englewood Avenue, Buffalo, NY 14223, who
bid $7,395.00.
Since this company is unable to pay the high cost of a performance bond or
submit a check for 50% of the purchase price ($3,697.50), I am requesting
permission to waive this requirement, as per Item #183, C.C.P. dated December
8, 1987.
For your information, we are already holding a certified check for $739.50,
which was submitted with their bid. Also, the inspection that the Division of
Audit makes before accepting any purchase, plus the warranty on this scrubber,
should be sufficient guarantees for this purchase.
This department is encountering an increasing number of problems involving
performance bonds, including the loss of bidders, which decreases competitive
bidding. I recommend that in the future the Common Council should consider the
advantages of eliminating these bonds for purchase contracts. Virtually all of
our local municipalities, including Erie County, do not have this requirement,
be maintained for certain purchases such as fire trucks, water chemicals, etc.
although I feel this should
Mr. Higgins moved:
That the communication from the Commissioner of General Services dated
September 24, 1991, be received and filed, and;
That the Commissioner of General Services, pursuant to Sec. 96-7 (B) of
the Charter, be and hereby is authorized to waive the performance bond for
Dobmeier Janitor Supply, Inc., for the purchase of a power scrubber for Pilot
Field.
PASSED.
AYES- 12 NOES- 0.
FROM THE BOARD OF EDUCATION
No. 70
HANDBILLS
This is in response to your letter of July 31, 1991 regarding
Ordinance Amendment - Chapter 232 - Handbills.
We appreciate the support and suggestions from the Council Members.
However, the Board has some concerns. To name a few:
- the way in which the regulations will be implemented
- if the procedure has been approved by the Law Department
- the number of staff needed to comply with the legislation
- the availability of funds to implement the proposal
The costs may be high and the benefits of this legislation may not
justify spending the time and money needed. Perhaps at a future date we can
put your proposal into effect.
If we can be of further assistance, please contact us.
RECEIVED AND FILED.
FROM THE BUFFALO SEWER AUTHORITY
No. 71
North Buffalo Sewers
The Buffalo Sewer Authority acknowledges that there was a heavy
rain on July 6 and August 10, 1991 and is aware that some basements experienced
flooding.
In times of heavy rain, some of the sewers in North Buffalo frequently become
surcharged due to the fact the hydraulic network is undersized to accommodate
the increased paved areas since the early development of the area.
Since 1970 the Buffalo Sewer Authority caused two indepth studies, one in 1973
by the Leonard Wegman Engineering Company and the second in 1979 by Calocerinos
& Spina Engineering Company. Both of these studies indicated solutions that
were far beyond the financial scope of the BSA, and, therefore, could not be
implemented.
In 1989 the BSA developed a workable option to eliminate flooding in times of
storms similar to the aforementioned dates, between Main Street and Niagara
Street, inasmuch as the design would remove 25% of the flood waters from the
system and thereby increasing its needed capacity.
As you are aware, this design included a deep rock tunnel feeding the
extraneous flows to the Amherst Quarry for temporary storage until the storm
would subside and then introduced to the Sewer Authority drainage system.
This was technically feasible and financially affordable at the time; however,
the Council, home owners and news media objected to this concept in total,
thereby tabling any construction at the time.
In the meantime, through the efforts of Congressman Nowak, it is our
understanding that a study is being made by the U.S. Corp. of Engineers. When
this study is completed and found acceptable by the people of Buffalo, efforts
will be made to identify the financial sources to implement appropriate
construction.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 72
Bennett Beach
C.C.P. No. 166 - 9/3/91
The Buffalo Sewer Authority acknowledges that it did in fact design
and construct a sanitary sewer replacement on the grounds of Bennett Beach
located in the Town of Evans, New York.
This construction was done in the normal course of business as we do for any
collapsed sewer on City property. Bennett Beach in total, is in fact, a City
of Buffalo property and the sewer in question was constructed within the
confines of this property and tied into an existing City sewer.
The County of Erie has no jurisdiction over construction on property within the
City of Buffalo.
The alleged violations referred to and the propriety of the actions of the BSA
is in the hands of the City of Buffalo Corporation Counsel, our legal counsel
in accordance with the law that created the BSA.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 73
Work/Schedule Plan - Kingsley Park
Enclosed please find the work/schedule plan furnished by the NYSDEC
as requested by the Common Council at the meeting held on September 17, 1991
for:
"Item #72 Autumn Ind.- Kingsley Pk. Remediation Info."
Please note that the work at the Kingsley site has been temporarily suspended
until relocation arrangements can be finalized for residents who want temporary
relocation during the clean up of the park. Actual work documented on this
schedule may be backlogged one week.
Please file the attached with the Common Council.
RECEIVED AND FILED.
No. 74
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
434 Broadway W & C Enterprises
142 Seneca St. Major H & S Inc.
1320 So. Park Ave. Delphine Benes
RECEIVED AND FILED.
No. 75
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- A. Vertino, A. Forti-Sciarrino
Police- M. Villagomez
Street Sanitation- T. Cappellano
Inspections and Community Revitalization- M. Dickman
RECEIVED AND FILED.
No. 76
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 Stadium and Auditorium
City Planning Board
Consumer Electronics Board
Home Improvement Advisory Board
RECEIVED AND FILED.
No. 77
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 September 13, 1991 in the Department of City
Clerk, Terasa A. Smith 269 Roslyn St., Buffalo 14215, to the position of intern
IV, Seasonal at the Starting Salary of: $ 6.00 per hr.
No. 78
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Charles L. Michaux, III
City Clerk
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment to become effective 9/30/91 in the Department of Stadium
& Auditorium Division of Memorial Auditorium, to the position of Laborer I,
Seasonal at the Starting Salary of: $ 5.98/hr.
Richard Howard 160 Brunswick Blvd. ,Buffalo, 14214
Charles Keith 45 Newton St., Buffalo, 14212
John Kurdsiel 43 Fitzgerald, Buffalo, 14210
Kevin Lalley 81 Densmore Ave., Buffalo, 14220
Leonard Laufer 148 Brinkman St. Buffalo, 14211
William Laufer 148 Brinkman Buffalo, 14211
Albert J. Maloney 51 Trowbridge St. Buffalo, 14220
David Maloney Jr. 16 Lockwood Ave. Buffalo, 14220
Walter Griffin 1039 Smith St. Buffalo, 14212
Edward Hackbush 173 Heath St. Buffalo, 14212
Toni Gallagher 26 Carlyle Ave. Buffalo, 14220
Thomas Halbert 117 Stevenson St. Buffalo 14220
Richard Hehir 24 Hillside Ave. Buffalo 14210
Denise Jones 47 Oxford St. Buffalo, 14208
Mark Higgins 186 Kentucky St. Buffalo, 14204
Kevin Horrigan 68 Lockwood Ave. Buffalo 14220
Sharon Campbell 205 Marine Dr. Buffalo, 14202
Brian Carrig 53 Oakhurst Ave. Buffalo, 14220
Charles Carsello 113 Potters Rd. Buffalo, 14220
John Conrad 108 Woodside Ave. Buffalo, 14220
Jacob Craddock 32 Hoffman St. Buffalo, 14207
James L. Cumming 58 Good Ave. Buffalo, 14220
Michael Glavey 7 Britt St. Buffalo, 14220
Timothy Gozdan 69 Hayden St. Buffalo, 14210
James Anderson 135 Shumway St. Buffalo. 14212
Willie Anderson 115 Shumway St. Buffalo,' 14212
Robert Aquila 155 Good Ave. Buffalo, 14220
Maurice Bell 36 Dodge St. Buffalo, 14209
Robert Bilski 1081 Tifft St. Buffalo, 14220
Michael Burns 92 Portland Ave. Buffalo, 14220
Elaine Bushen 152 Whitfield Buffalo, 14220
Guy Cammarano 56 Folger St. Buffalo, 14220
Norris Mays 416 Winslow, Buffalo 14211
Kurt McGowan 8 Fields, Buffalo, 14210
Donald McLennan 193 Ashland, Buffalo 14222
Kevin McNamara 214 Tuscarora Buffalo 14220
Thomas O'Leary 100 Ryan, Buffalo 14210
Terrance O'Rourke Jr. 712 McKinley, Buffalo 14220
Michael Parot 10 South Buffalo 14204
Maurice Perry 1798 Seneca Buffalo 14210
James Quinn 723 McKinley Buffalo 14220
John Raczka 45 Newton, Buffalo 14212
Annette Rhoe 161 Melrose, Buffalo 14210
Donald Rodriquez 53 Good, Buffalo 14220
Jeffrey Sacilowski 49 Goodyear, Buffalo 14212
Kellie Safford 284 Grape, Buffalo 14204
Rebekah Safford 284 Grape, Buffalo 14204
Kenneth Saj 307 Esser, Buffalo 14207
Randolph Schuster 77 Melrose, Buffalo 14220
Gerald Seltz 192 Whitfield, Buffalo 14220
Darlene Swenton 378 Franklin, Buffalo 14202
John Thiry Jr. 882 Clinton, Buffalo 14210
Karl Von Wrycza 143 Sobieski, Buffalo 14212
Daniel Wilson 49 Carlyle Buffalo 14220
Appointment to become effective 9/17/91 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, to the Position of Laborer II,
Seasonal at the Starting Salary of: $ 6.65/hr.
Arlene Simpson 42 Riverside Ave. Buffalo, 14207
John Thiry Sr. 158 Montgomery St. Buffalo, 14206
James Toms 82 Rosedale Ave. Buffalo, 14207
Joyce Baginski 170 Titus St. Buffalo, 14212
Frank Bell 36 Dodge St. Buffalo 14209
Margaret Bugaj 31 Parkview Ave. Buffalo, 14210
Ann DiStefano 461 Connecticut St. Buffalo, 14213
Salvatore Dobrowolski 119 Arbor La. Apt. 4 Buffalo, 14220
M. T. McNeal 791 Sycamore Ave. Buffalo, 14212
Charles Mims 79 Rich St. Buffalo, 14211
Joan Mutka 146 Lewis St. Buffalo, 14206
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective 9/17/91 in the Department of Public
Works, Division of Water, Eileen Slattery 98 Abbott Rd., Buffalo 14220 to the
position of Account Clerk, Temporary at the Starting Salary of: $5.25/Hour
FROM THE DEPARTMENT OF PARKS
Appointment to become effective 9/23/91 in the Department of
Parks
to the position of Laborer II, Seasonal at the starting salary of $6.65/hr.
Kevin Czuprynski 283 Wiemar St. Buffalo 14206
Raymond D. McCool 79 Hamburg St. Buffalo 14204
Darin Schwertfeger 91 Ashley St. Buffalo 14212
Brian Hayes 795 McKinley Pkwy. Buffalo 14220
Gary J. Juskiewicz 495 Willett St. Buffalo 14206
Herbert Marcus 389 Goodyear St. Buffalo 14211
Matthew Whelan 162 Mariemont St. Buffalo 14220
Appointment to become effective 9/16/91 in the Department of Parks, Joseph
Miranda 142 Cantwell, Buffalo 14220 to the position of Laborer II, Seasonal at
the starting salary of $6.65/hr.
Appointment to become effective 9/16/91 in the Department of Parks, Division of
Recreation Robert O'Leary 100 Ryan, Buffalo 14210 to the position of Pool
Attendant, Seasonal at the starting salary of $4.50/hr.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective 9/18/91 in the Department of Human
Resources, Division of Youth, Harrison Mullen, Jr. 413 Riley Buffalo 14208 to
the position of Community Field Worker, Temporary at the starting salary of
$6.30/hr.
Appointment to become effective 9/18/91 in the Department of Human Resources
Division of Youth, Lisa Mackovic 161 Marine Dr. Apt. 8D Buffalo 14202 to the
position of Community Aide, Temporary at the starting salary of $5.25/hr.
Appointment to become effective 9/24/91 in the Department of Human Resources
Division of Youth, Michael Kopacz 101 Mohr, Buffalo 14212 to the Position of
Community Field Worker, temporary at the starting salary of $6.30/hr.
NON-OFFICIAL COMMUNICATIONS,
PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 79
AUTUMN INDUSTRIES, INC..
Work Schedule - Kingsley Pk. Area
Autumn Industries, Inc. would like to inform you that we will
begin work in your back yard Tuesday, September 24, 1991. We will make an
initial appraisal of each back yard, then temporarily remove personal property
that will be returned once the clean up of the yard has been completed.
We will attempt to contact you in person during our first week of work.
If you have any questions or concerns regarding this matter, please call my
office at 1-800-447-2116.
RECEIVED AND FILED.
No. 80
M. RUTH BEVIS
Water Leak-293 Riley Street
On Sept. 19, the Forestry Department removed a tree stump from
in front of our home. After cleaning up the saw dust, we noticed water which is
getting worse.
I called the water department on Monday, Sept. 23, 1991. Today I received this
letter which I am enclosing a copy in this letter. (attached )
I told both the Forestry Department and the Water Department that there wasn't
any problem with the water leaking before 9/19/91.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF PARKS.
No. 81
COUNCIL STAFF
MEDICAL WASTE TASK FORCE
LETTER TO NYSDEC AND NYSDOH
Attached please find a copy of a letter written by members of
the Medical Waste Disposal Options Task Force and sent to Commissioner Thomas
C. Jorling - NYSDEC and Executive Deputy Commissioner
Lorna
McBarnette - NYSDOH. The Buffalo Common Council created this task force
to foster communication between hospitals, environmentalists, and citizens who
live in the neighborhoods surrounding Buffalo's hospitals. Its mission has been
to look objectively at the Impact of various disposal options and to forward
recommendations to local hospitals and policy makers.
This letter is being filed with the Common Council for general
informational purposes.
RECEIVED AND FILED.
No. 82
County of Erie
DEPARTMENT OF LAW
Notice to Renew City Court Lease Agreement
Enclosed is a copy of a Lease Agreement executed on December 16,
1980, between the City of Buffalo, as lessor, and the County of Erie, as
'lessee, for the ten year lease of the eighth, ninth and tenth floors of the
City Court Building.
You are hereby notified pursuant to Paragraph Five of said lease (Renewal
of Lease) that the County elects to renew the lease for an additional term of
ten (10) years. This first extended term shall commence March 15, 1992 and
expire as of March 14, 2002, in accordance with the same terms and conditions
contained in the existing Lease Agreement.
Also enclosed is a copy of a March 12, 1982 letter from the Erie County
Department of Public Works to the City of Buffalo Department of Public Works
and other City officials indicating that the beneficial occupancy by the lessee
commenced on March 15, 1982, the date on which the Supreme Court began its
operations in the newly leased premises.
Should you have any questions concerning this matter, contact me at your
earliest convenience.
RECEIVED AND FILED.
No. 83
JAMES MANAGEMENT COMPANY, INC.
Add portion 167 Locust for Buildable Lot-for
Housing Trust Fund Program
It has come to our attention that 167 Locust Street is a small
park. This parcel is on the Housing Trust Fund (HTF) list of addresses. We
have a purchaser with a signed sales contract who is in the process of
obtaining a mortgage commitment. We are requesting 163-165 Locust Street which
is a City owned parcel, as the replacement lot and 10' of 167 Locust Street to
accommodate our HTF buyer. Please notify us in writing as soon as possible so
we may begin construction.
Your assistance in expediting the transfer is appreciated. If there are
any questions, please call me at 689-3368.
Mr. Higgins moved:
That the communication from James F. Anderson, president of James
Management Co. ,Inc. dated August 14, 1991 be received and filed and:
That the Commissioner of Inspections and Community Revitalization be and
he hereby is authorized to add to 163-165 Locust Street, a ten foot portion of
167 Locust Street to be more particularly described by the Division of Planning
in order to provide a buildable lot for the Housing Trust Fund Program.
PASSED
AYES - 12 NOES- 0.
No. 84
New York State Department of Environmental Conservation
Laundry Operation-300 Northampton
This letter is in response to your correspondence of September
4, 1991 addressed to Regional Director John Spagnoli, concerning the Pendrick
Laundry located on 300 Northampton Street.
An investigation by members of my Air staff reveal that the Pendrick
laundry was operating in violation of our Department's air pollution
regulations. The owner of the facility, Mr. Joel Maten, was notified that he
was in violation. He immediately instituted interim measures to correct
emissions of the lint fallout problem. The firm will be required to enact a
more permanent solution in the near future in order to be in complete
compliance with our air pollution regulations.
If you have any further questions on this matter, please give me a call
at 847-4565.
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
No. 85
NEW YORK TELEPHONE
Reasons for Closing NY Telephone
Directory Assistance Office at
65 Franklin St.
This will acknowledge receipt of your September 3rd resolution
requesting that New York Telephone explain its decision to move its Directory
Assistance Bureau, currently located at 65 Franklin Street in Buffalo.
I have previously stated our Company's position on this matter in my
responses to individual council members' inquiries, and welcome this
opportunity to address the entire Council on what is an admittedly sensitive
subject. Our decision to move this office was made as a part of a project to
modernize and consolidate our Operator Services offices in order to better meet
the service needs of our customers. To accomplish this goal, New York
Telephone intends to construct a state-of-the art Operator Services Center, and
after a careful review of a number of potential sites, as well as discussions
with both the Union and City officials, the Millersport Highway location was
selected as the best possible location for this facility. To begin with, the
Millersport building offers sufficient space on a single floor to accommodate
the planned office, and would still have space available for future growth. In
addition, since this building formerly housed an operator bureau, the
renovation costs will be significantly less than they would be at any site in
downtown Buffalo. It also offers ample free parking for our employees. None
of the other prospective sites we looked at in downtown Buffalo - including the
South Park Street building cited in your resolution - offered this unique
combination of advantages. In fact, the renovation of the building at South
Park Street would cost considerably more (in the neighborhood of an additional
$300,000.00) than the renovation of the Millersport Highway building, and the
20 to 30 parking spaces available there would be inadequate to meet our
employees' needs. I'm sure that you will agree that we did not simply refuse
to consider the South Park Street site, and that our conclusion that it was
unworkable resulted from a thorough investigation of its feasibility.
Needless to say, it is impossible in such an endeavor to please everyone
involved, and we are keenly aware of the hardship this move will present to the
13 employees of the Franklin Street office who are solely dependent upon public
transportation. I can assure you that these individuals will be placed in
either our Williamsville office - which is accessible by public transportation
- or in other departments that have offices in Buffalo. It is also worth
noting that if we were to establish our new center in Buffalo, we would be
creating a greater inconvenience for a larger number of employees who presently
staff our Lockport office, which will also be part of this consolidation
project. A Buffalo work location would cause more than 30 of these employees
to face a commute of over 30 miles, and 14 of these would have to travel
between 40 and 60 miles. In view of this, we believe that the combination of
the Millersport and Williamsville locations provides the best solution to a
complex problem
In closing, let me say that we understand and share your concerns about
the future of the state's inner cities. As New York's preeminent provider of
telecommunications services, the long-term success of our Company depends upon
a vibrant economy in all areas of the state, and we are committed to
maintaining a vital presence in all of the communities we serve. I should
point out that even if we relocate the operators currently working at Franklin
Street, New York Telephone will still have approximately 2,000 employees
working in Buffalo, and that undoubtedly there will be future entry level
positions in those departments remaining in the city.
Because of the reservations that have been expressed regarding this
project, we have agreed to further discussions on this subject with the Union.
If the Council desires it, I will be happy to arrange a meeting with your
members to more fully address the issues you have raised.
Thank you for this opportunity to clarify the reasons for our actions in
this matter.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 86
PUBLIC ACCESS POLICY BOARD
TCI Refranchising
On February 4, 1993, TCI, Inc, of Buffalo will reach the end of
it's current franchise agreement with the City.
The Cable Communications Policy Act of 1984, and the New York State Cable
Commission provide for an "Orderly Process for Franchise Renewal." In New York
State a "Formal Process" of renegotiations is required. There are specific
notifications, actions, and time related procedures involved.
As part of this "Formal Process" the city must:
A. Commence proceedings to identify future cable-related needs and interests.
B. Review performance of the Cable operator under the franchise.
C. Notify and offer the Public an opportunity to participate in the process.
Councilmembers Rutecki and Bell have submitted Legislation that offer initial
approachs to this process of proceedings. It is important to note that at the
conclusion of the proceedings the Cable Operator may submit a renewal proposal
on its own initiative or as a response to an RFP. The City must provide prompt
Public Notice that it has received the renewal proposal from the operator.
It is also important to note that within four months of the "completion of the
initial proceeding", the franchising authority (City) must either renew the
franchise or issue a preliminary assessment that the franchise should not he
renewed.
Appended to this letter is a document entitled "Managing the Renewal Process"
by Joseph Van Eaton of the Washington D.C. Law Firm of Spiegel and McDiarmid.
The first paragraph states:
"A city has a unique opportunity to improve the cable system serving its
community during the course of a well conducted franchise renewal proceeding.
It is important to take advantage of this opportunity. A city which fails to
do so may find itself served by an obsolete cable system well into the next
century, and may lose the opportunity to develop community communications
resources worth millions of dollars."
The Public Access Policy Board has been reviewing the opportunities and
pitfalls of renewal, as part of its mandate to support Public Access
television. It is clear to this Board that a major undertaking lies before the
city of Buffalo if we are to adequately protect our resources and insure our
future in these matters.
Because of the critical role that renewal plays in Public Access, I have asked
the Policy Board to devise a plan to recommend to the city regarding the
process, the issues and the opportunities. Items being discussed by the Policy
Board include the establishment of an "Office of Telecommunications", the
establishment of a "Cable Television Commission", a the cost effectiveness of
asking the city to hire a consultant for the purposes of advising the city on
renewal. In addition the Policy Board is familiarizing itself with the various
tasks and activities that each of these entities or any other refranchising
entities must undertake in order to insure proper evaluation of TCI. These
tasks include a thorough franchise review, technical evaluation, customer
service review, programming evaluation, and very importantly, a community needs
assessment complete with public hearings and presentations. These activities
must be thorough, and be thoughtfully conducted, not rushed through. The public
- the customer service base, must be made aware of these activities and offered
the best possible chance to participate.
In addition, Buffalo should look at what other cities of comparable size have
obtained from cable operators as part of franchise agreements.. These
comparisons, reviews and evaluations will help insure the best possible deal
for the people of Buffalo.
As I approach the waning days of my tenure as Chair of the Public Access Policy
Board, I can think of only one comprehensive issue that requires a substantial
investment of time, energy, and attention by the City and the citizenry.
Maximizing the cities service and financial return is paramount and will remain
of critical importance for the foreseeable future. We must plan and activate
now. We must follow through, and spend the time necessary to see this through.
Finally I want to say how proud I have been to serve the City of Buffalo as the
Chair of the Public Access Policy Board. The many members of the Board, both
past and present, without exception have been of the highest caliber. Ethics,
work habits, dedication, ability to grasp and understand the most complex
issues, and the ability to translate thoughts to action are qualities that
members of this board have possessed in abundance, and freely shared with the
community.
The Mayor, and the Council, who have mutually supported the work of this Board
can be proud of their appointments, and our accomplishments. When people
complain about bad government, I think that they can turn to this Policy Board
and see an example of the very best in government. These volunteers are
tremendous examples of good solid citizens and their work will live on.
Thank you for letting me serve on this Board and for the opportunity to serve
two consecutive terms as Chair. Now lets get on with the work.
REFERRED TO THE COMMITTEE ON CATV.
PETITIONS
No. 87
Ramesh Chainani, owner, petition to use 1122-1124 Elmwood for a take-out
restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
John Aaron and Others request demolition of vacant house at 172 Carlton.
REFERRED TO THE COMPTROLLER, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL
No. 89
Brian Springer - Cable Refranchising Procedure.
REFERRED TO THE COMMITTEE ON CATV.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 90
SALARY ORDINANCE AMENDMENT
20 DEPARTMENT OF POLICE
20-4 BUREAU OF ADMINISTRATIVE SERVICES
(ITEM NO. 187, C.C.P., SEP. 3, 1991)
That the Salary Ordinance Amendment as contained in Item No. 187,
C.C.P., September 3, 1991, be and the same hereby is approved.
PASSED.
AYES - 12 NOES- 0.
No. 91
Salary Ordinance Amendment//Police (A&F)
(Item # 71 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
SALARY ORDINANCE AMENDMENT
70 DEPARTMENT OF STREET SANITATION
(ITEM NO. 188, C.C.P. SEP. 3, 1991)
That the Salary Ordinance Amendment as contained in Item No. 188,
C.C.P., September 3, 1991, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 93
SALARY ORDINANCE AMENDMENT
98-0 DIVISION OF WATER
(ITEM NO. 190, C.C.P., SEP. 3, 1991)
That the Salary Ordinance Amendment as contained in Item No. 190,
C.C.P., September 3, 1991, be and the same hereby is approved.
PASSED
AYES- 12 NOES- 0.
No. 94
SALARY ORDINANCE AMENDMENT
40 DEPARTMENT OF PUBLIC WORKS
40-2 DIVISION OF BUILDINGS
(ITEM NO. 204, C.C.P., SEP. 17, 1991)
That the Salary Ordinance Amendment as contained in Item No. 204,
C.C.P., September 17, 1991, be and the same hereby is approved.
PASSED
AYES- 12 NOES- 0.
No. 95
SALARY ORDINANCE AMENDMENT
40 DEPARTMENT OF PUBLIC WORKS
40-2 DIVISION OF BUILDINGS
(ITEM NO. 205, C.C.P., SEP. 17, 1991)
That the Salary Ordinance Amendment as contained in Item No. 205,
C.C.P., September 17, 1991, be and the same hereby is approved.
PASSED
AYES- 12 NOES- 0.
No. 96
Appointment
Audit & Control/System Support Specialist
That Communication No 28 CCP Jul 23, 1991 be received and filed
and the Permanent appointment of Karen M. Marshall stated above at the
Intermediate salary $34,935.00 effective on July 22,1991 is hereby approved.
PASSED
AYES- 12 NOES- 0.
No. 97
Appointment
Audit & Control/System Support Specialist
That Communication No 29 CCP Jul 23,1991 be received and filed
and the Permanent appointment of Thomas M. Cavaretta stated above at the
Maximum salary $36,275.00 effective on July 22, 1991 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 98
Salary Ordinance Information//System Support Specialist (Compt)
(Item # 24 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Appointment
Police/Motorcycle Mechanic
That Communication 43 CCP Sep 17, 1991 be received and tiled and
the Permanent appointment of Richard Ernst stated above at the Intermediate
salary $22,025.00 effective on Sep 11, 1991 is hereby approved.
PASSED
AYES- 12 NOES- 0.
No. 100
Appointment
Human Resources/Counselor III
That Communication No 75 CCP Sep 17, 1991 be received and filed
and the Provisional appointment of Edwin Hernandez: stated above at the
Intermediate salary $21,021.00 effective on Aug 30,1991 is hereby approved.
PASSED
AYES- 12 NOES- 0.
No. 101
Appointment
Human Resources//CounselorlII
That Communication No 76 CCP Sep 17, 1991 be received and filed
and the Provisional appointment of Barbara Warren-Jones stated above at the
Maximum, salary $23,097.00 effective on Sep 10, 1991 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 102
Notices Of Appointments (C.Clerk)
(Item # 83 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 103
USDA Food Program Reimbursement (CC)
(Item # 80 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
ANNUAL PAYMENT FOR LEASE OF COMPUTER
EQUIPMENT AT THE U.S. CUSTOMS SERVICE AT THE PEACE BRIDGE
(ITEM NO. 41, C.C.P., SEP. 17, 1991)
That the Commissioner of Police be, and he hereby is authorized
to extend contract C13297B between the City of Buffalo, Department of Police,
and the County of Erie, Central Police Services for a period of one year from
July 1, 1991 to July 1, 1992.
PASSED.
AYES- 12 NOES- 0.
No. 105
Ellicott Mall Leased Parking Lot (BMHA)
(Item # 62 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
LEASE 635 ELK STREET
(ITEM # 42, C.C.P., September 17, 1991)
That the Commissioner of Police be, and he, hereby is authorized
to execute a lease agreement with the Mobil Oil Corporation for 635 Elk Street
for a period of five (5) years at a cost of $1.00 per year for offices for the
Police Community Services Unit and the Crime Stoppers Prevention Program
subject to approval by the Corporation Counsel.
PASSED
AYES- 12 NOES- 0.
No. 107
BROADWAY MARKET PARKING RAMP
RECONSTRUCTION OF LIGHTING
CONTRACT #91602400
(ITEM NO. 56, C.C.P., 9/17/91)
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.
ADOPTED.
No. 108
REPORT OF EMERGENCY BID FOR
DEMOLITION OF 124 EDNA PLACE,
SCHOOL NO. 48
(ITEM NO. 69, C.C.P., SEPTEMBER 17, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved to receive and file the above item.
ADOPTED.
No. 109
Contract Amendment/Service Building At Fountain Plaza (CD)
(Item # 66 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
ARCHITECTURAL - ENGINEERING SERVICES
SITE DEVELOPMENT OF WAR MEMORIAL STADIUM
(Item No. 99, C.C.P., September 17, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved to receive and file the above item.
ADOPTED.
No. 111
TAX EXEMPTIONS FOR PERSONS
65 YEARS OF AGE OR OVER
(ITEM NO. 29 C.C.P., 9/17/91)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moves:
That the Law Department be, and hereby, is directed to review recent
changes to the Real Property Tax Law and prepare the appropriate local law,
ordinance or resolution increasing the maximum income eligibility with
appropriate exemption percentage for persons 65 years of age or older, pursuant
to said Real Property Tax Law.
ADOPTED.
No. 112
L.L. Introductory #17/Lease Of City Property 2/3 vote
(Item # 138 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11
NOES- ARTHUR- 1.
No. 113
Ordinance Amendment/Ch. 175/Ice Skating Fees
(Item # 195 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
ABANDONMENT OF PORTION OF ASBURY ALLEY
NORTH SIDE OF CHIPPEWA STREET
(ITEM NO. 138, C.C.P., 9/3/91)
That a 177.40 foot portion of Asbury Alley located directly behind
and parallel to the property at 432-488 Pearl Street, as more particularly
described on the survey attached to Item No. 138, C.C.P., September 3, 1991,
be, and hereby, is discontinued and abandoned for public use.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED
No. 115
Abandon Portion Of Asbury Alley (Compt)
(Item # 18 CCP Sep 17,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Abandon Portion Of Asbury (CD)
(Item # 60 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Use Portion Of Albany For Parking (Police)
(Item # 49 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Use Portion Of Albany For parking (Fire)
(Item # 51 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Use Portion Of Albany For Parking (Compt)
(Item # 29 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
BRACO I - REFUND OF TAX
OVERPAYMENT FOR 1990-1991
(ITEM NO. 48, C.C.P., SEPTEMBER 17, 1991)
That the Comptroller be, and he hereby is, authorized and directed
to draw a check on the appropriate account in the sum of $24,855.32 and return
the same to Braco I in refund of excess taxes paid by Braco I to the City of
Buffalo for the tax year 1990-91.
PASSED.
AYES- 12 NOES- 0.
No. 121
MARYNER REDEVELOPMENT COMPANY, INC.
REQUEST FOR REFUND OF EXCESS TAX PURSUANT TO CONTRACT
(ITEM NO. 49, C.C.P., SEPTEMBER 17, 1991)
That the Comptroller be, and he hereby is authorized and directed
to draw a check on the appropriate account in the sum of $22,634.32 and return
the same to Maryner Redevelopment Company, Inc., in refund of excess taxes paid
by Maryner Redevelopment Company, Inc., to the City of Buffalo for the tax year
1990-91.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 122
ABATEMENT OF GRASS CUTTING ASSESSMENT
116 GLENWOOD AVENUE & 147 GLENWOOD AVENUE
(ITEM NO. 133, C.C.P., SEPTEMBER 3, 1991)
That the Commissioner of Streets be, and he, hereby is authorized
to abate the assessment for grass cutting at 116 Glenwood Avenue, in the amount
of $50.00, and at 147 Glenwood Avenue in the amount of $50.00.
PASSED.
AYES- 12 NOES- 0.
No. 123
D. Jackson/Cancel Grass Cutting Charge 116 Glenwood (Assmt)
(Item # 25 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Cancel Grass Cutting Charges/Various Locations (Sts)
(Item # 66 CCP Sep 17,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
ABATEMENT OF GRASS CUTTING
ASSESSMENT - 25 LAUREL STREET
(ITEM NO. 139, C.C.P., 9/3/91)
That the Commissioner of Assessment be, and he hereby is authorized
to abate the assessment for grass cutting at 25 Laurel Street in the amount of
$53.00.
PASSED.
AYES- 12 NOES- 0.
No. 126
A. Thompson/ Cancel Grass Cutting Charge/25 Laurel (Assmt)
(Item # 26 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
ABATEMENT OF GRASS CUTTING ASSESSMENT
599 S. DIVISION & 601 S. DIVISION
(ITEM NO. 142, C.C.P., 9/3/91)
That the Commissioner of Assessment be, and he hereby is authorized
to abate the assessment for grass cutting at 599 S. Division, in the amount of
$50.00, and at 601 S. Division in the amount of $50.00.
PASSED.
AYES- 12 NOES- 0.
No. 128
Cancel Grass Cutting Charges/599-601 S. Division (Assmt)
(Item # 27, CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
ABATEMENT OF GRASS CUTTING ASSESSMENT
286 MYRTLE AVENUE
(ITEM NO. 67, C.C.P., 9/17/91)
That the Commissioner of Assessment be, and he hereby is, authorized
to abate the assessment for grass cutting at 286 Myrtle Avenue in the amount of
$50.00.
PASSED
AYES- 12 NOES- 0.
No. 130
RE: BARBARA STONE - CANCEL DEMOLITION
COSTS - 46 ST. CLAIR
(Item No. 93, C.C.P., 6/25/91)
(Item No. 115, C.C.P., 9/17/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
Mr. Franczyk now moved as an amendment to approve the above item;
seconded by Mr. Amos
PASSED.
AYES- AMOS, BAKOS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS, RUTECKI-
9
NOES- ARTHUR, BELL, COLLINS- 3.
No. 131
RE: BOND CLOSEOUTS
(Item No. 16, C.C.P., 9/17/91)
That the Comptroller be and he hereby is authorized to close out
the bond accounts identified in the referenced item and that the incumbered
balances totalling $285,022.56 shall be used as a resource in 1991-92 Parking
Enterprise Fund Budget to pay debt service on the bonds issued for these
projects.
PASSED
AYES- 12 NOES- 0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 132
RE: JOHN T. PRICE, OWNER, PETITION
TO USE 265 GERMANIA FOR A l STORY METAL
WAREHOUSE ADDITION FOR A TRUCKING COMPANY
(Item No. 86, C.C.P., 9/1791)
That after a public hearing held by the Committee on Legislation
on September 24, 1991, the petition of John T. Price, owner, to use 265
Germania for a 1 story metal warehouse addition for a trucking company, be and
the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 133
RE: SNYDER CORP., OWNER, PETITION TO USE
300 PEARL FOR AN ILLUMINATED GROUND SIGN
(Item No. 108, C.C.P., 7/23/91)
That after a public hearing held by the Committee on Legislation
on September 24, 1991, the petition of Snyder Corp., owner, to use 300 Pearl
for an illuminated ground sign "ID" with a showcase, be and the same hereby is
approved.
PASSED.
AYES- 12 NOES- 0.
No. 134
Snyder Corporation/Request To Place Ground Sign
At 300 Pearl St.
(Item # 11 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
RE: W. SCHMID, OWNER, PETITION TO USE
1036 BROADWAY FOR A POLE SIGN
(Item No. 110, C.C.P., 7/23/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 136
RE: EMPIRE OF AMERICA F.S.A., OWNER,
PETITION TO USE 100 SENECA FOR A WALL SIGN
(Item No. 111, C.C.P., 7/23/91)
That after a public hearing held by the Committee on Legislation
on September 24, 1991, the petition of Empire of America F.S.A., owner, to use
100 Seneca for a wall sign, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 137
Empire of America/Place Sign at 100 Seneca St. (CPBD
(Item # 12 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
RE; GANCO, INC., OWNER, PETITION
TO USE 1 CITY SHIP CANAL FOR BOAT STORAGE
(Item No. 148, C.C.P., 9/3/91)
That after a public hearing held by the Committee on Legislation
on September 24, 1991, the petition of Ganco, Inc., owner, to use l City Ship
Canal for boat storage, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 139
ENVIRONMENTAL ASSESSMENT FORM
1-3 CITY SHIP CANAL
(ITEM NO. 64, C.C.P., SEP. 17, 1991)
That Item No. 64, C.C.P., September 17, 1991 "Ganco Inc. - Application
to erect a boat storage building at 1-3 City Ship Canal" is an unlisted action
as defined in 6 NYCRR Part 617.2. The Common Council has approval power over
this item, and is therefore an involved agency as defined in 617.2. As part of
an uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part 1) and by the City Planning Board (Part II).
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. 140
Ganco Inc. /Boat Storage Building/City Ship Canal (CPBD)
(Item # 10 CCP Sep 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
667 GRANT STREET - REQUEST
PERMISSION TO INSTALL AWNING
(ITEM NO. 53, C.C.P., SEP. 3, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to permit Mr. Jesse W. Kohler, of Kohler Awning Inc., acting as agent for Mr.
Doug Mackinnon, owner of Grant Central Station, a bar located at 667 Grant
Street, to install an awning which would encroach the city right of way at said
address as conditions set by the Commissioner of Public Works contained in the
communication from Public Works per Item No. 53, C.C.P., September 3, 1991.
PASSED.
AYES- 12 NOES- 0.
No. 142
11 EAST MOHAWK - REQUEST
PERMISSION TO INSTALL AWNING
WHICH ENCROACHES CITY RIGHT OF WAY
(ITEM NO. 36, C.C.P., SEP. 17, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to permit Ms. Jennifer Engle of N.A.S. Quick Signs, acting as agent for Western
Regional Off Track Betting, owner of property at 11 East Mohawk Street, to
install an awning which would encroach the city right of way at said address as
conditions set by the Commissioner of Public Works contained in the
communication from Public Works per Item No. 36, C.C.P., September 17, 1991.
PASSED.
AYES- 12 NOES- 0.
No. 143
OTB/Awning Sign/Easement 11 E. Mohawk (CPBD)
(Item # 13 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
268 MAIN STREET - REQUEST
PERMISSION TO INSTALL SIGNS
WHICH ENCROACHES CITY RIGHT OF WAY
(ITEM NO. 37, C.C.P., SEP. 17, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to permit Mr. Paul A. Strada of N.A.S. Quick Signs, acting as agent for Mr.
John Giardino, owner of property located at 268 Main Street, to install two
signs which would encroach the city right of way at said address as conditions
set by the Commissioner of Public Works contained in the communication from
Public Works per Item No. 37, C.C.P., September 17, 1991.
PASSED.
AYES- 12 NOES- 0.
No. 145
1953-65 SENECA STREET - REQUEST
PERMISSION TO INSTALL AWNING
WHICH ENCROACHES CITY RIGHT OF WAY
(ITEM NO. 38, C.C.P., SEP. l7, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to permit Mr. Robert Baumker of Wilcox Bros. Signs, acting as agent for Mr.
Daniel Sauer, owner of property located at 1953-65 Seneca Street, to install an
awning which would encroach the city right of way at said address as conditions
set by the Commissioner of Public Works contained in the communication from
Public Works per Item No. 38, C.C.P., September 17, 1991.
PASSED.
AYES- 12 NOES- 0.
No. 146
Speed On Buffalo Waterways (CC)
(Item : 50 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
LOCAL LAW REQUIRING TWENTY-FIVE
PERCENT MINORITY PARTICIPATION
IN CITY CONTRACTS
(Item No. 162, C.C.P, 9/3/91)
That the Corporation Counsel draft a local law that would mandate
twenty-five percent minority participation on all contracts let by the City of
Buffalo; and
That this local law be filed with the City Clerk by 2:00 p.m. on
Thursday,
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS,
RUTECKI- 10.
NOES- BAKOS, HIGGINS- 2.
No. 148
Inspection Procedures/Illegal Housing (cc)
(Item # 51 CCP Sep 17,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
REQUEST FOR PERMIT TO COLLECT
REFUSE AND GARBAGE IN CITY OF BUFFALO
(Item No. 75, C.C.P, 7/23/91)
That the Commissioner of Streets be and he hereby is authorized to grant
a permit to Amherst Ash & Refuse Service, Inc., 137 Rosemont Drive,
Eggertsville, New York to collect and haul refuse and garbage in the City of
Buffalo subject to the condition that Amherst Ash & Refuse Service is
absolutely prohibited from ever dumping refuse and garbage at the East Side
Transfer Station.
PASSED.
AYES- 12 NOES- 0.
No. 150
REQUEST FOR PERMIT TO COLLECT
REFUSE AND GARBAGE IN CITY OF BUFFALO
(Item No. 76, C.C.P, 7/23/91)
That the Commissioner of Streets be and he hereby is authorized
to grant a permit to Modern Disposal Services, Inc., 4746 Model City Road,
Model City, New York to collect and haul refuse and garbage in the City of
Buffalo subject to the condition that Modern Disposal Services, Inc. is
absolutely prohibited from ever dumping refuse and garbage at the East Side
Transfer Station.
PASSED.
AYES- 12 NOES- 0.
No. 151
REQUEST FOR PERMIT TO COLLECT
REFUSE AND GARBAGE IN CITY OF BUFFALO
(Item No. 52, C.C.P, 6/25/91)
That the Commissioner of Streets be and he hereby is authorized
to grant a permit to Rubbish Removal of New York, Inc., 100 Mushroom Blvd.,
Rochester, New York to collect and haul refuse and garbage in the City of
Buffalo subject to the condition that Rubbish Removal of New York is absolutely
prohibited from ever dumping refuse and garbage at the East Side Transfer
Station.
PASSED.
AYES- 12 NOES- 0.
No. 152
E. Allen/Oppose Laundry Operation/Northampton
(Item # 150 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed
ADOPTED.
No. 153
Laundry Operation 300 Northampton (Z. B.)
(Item # 78 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 154
BY: MR. AMOS
POLICE CONSOLIDATION PLAN
WHEREAS: The International Chiefs of Police report "POLICING BUFFALO
IN THE NINETIES" made a recommendation that the 14 Precincts in Buffalo be
reorganized and reduced 4 Districts; and
WHEREAS: On July 18, 1991, the Police Reorganization Commission Subcommittee
"B" stated that consolidating to 4 Districts would better facilitate
reorganization and enhance the police department; and
WHEREAS: The psychological impact on the citizens of Buffalo would be
devastating if we were to make a drastic change from 14 Precincts to 4
Districts; and
WHEREAS: A better idea would be to have the Police Precincts follow the
Councilmatic Districts, in other words instead of 14 Precincts it should be 9
Precincts that follow the boundaries of the Councilmatic Districts, and
WHEREAS: The precincts also should adjust for population when the ten year
reapportionment takes place for the Council and
WHEREAS: This would allow the police department the ability to fairly
distribute the population that is being covered, not overwhelm one precinct,
and allow for population adjustments every ten years
NOW THEREFORE E BE IT RESOLVED
That the Police Reorganization Commission receive a copy of this resolution and
consider this proposal as an alternative to the IACP and Sub-Committee "B's"
recommendation to adopt the 14 Precincts to 4 Districts consolidation plan.
REFERRED TO THE POLICE REORGANIZATION COMMISSION.
No. 155
BY: MR. ARTHUR
REQUEST CORPORATION COUNSEL TO REPRESENT THE COMMON COUNCIL IN
THE TAYLOR LAW IMPASSE
WHEREAS: This Council at its regularly scheduled meeting on September
l7, 1991, approved the recommendation of the Taylor Law Impasse Committee which
provided for five percent raises for members of AFSCME Local 650, AFSCME Local
264, and exempt employees; and
WHEREAS: The Mayor of the City of Buffalo, by a message filed with the City
Clerk, has stated his opposition to the Council's action and has refused to
sign the necessary documents to acknowledge the wishes of this Council; and
WHEREAS: As per a letter of September 23, 1991, the Mayor was requested to
prepare and forward the salary ordinance amendments to the Common Council in
time for its meeting of October l, 1991; and
WHEREAS: It is apparent that the Mayor is unwilling to carry out the
mandates of the Taylor Law.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council demands that the Corporation Counsel begin an article
78 action to compel the Mayor and his Budget Director to fulfil their
obligations on an action legally taken by the Common Council; and
BE IT FURTHER RESOLVED:
That this Common Council requests that, should the Corporation Counsel be
unable to represent them, he declare a conflict of interest.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
RUTECKI- 10.
NOES- BAKOS, LOTEMPIO- 2.
No. 156
BY MR. BAKOS
Funding Lighted Schoolhouse Programs
Schools 11 and 71
RESOLVED:
That School 11 and 71 shall be added to the Lighted School House Program
subject to funds identified by the District Councilmember from his C.D.B.G.
allocation or through monies provided by the Board of Education based upon the
same conditions as provided for the years 1990-1991 for the Lighted School
House Program.
PASSED.
AYES- 12 NOES- 0.
No. 157
BY: MR. BELL
WATER QUALITY IN THE CITY OF BUFFALO
WHEREAS: Many residents have expressed concern about the quality
of drinking water in the City of Buffalo; and
WHEREAS: The water quality
, particularly distressful in light of recent increases in water rates, has
prompted many Buffalonians to incur the added expense of purchasing bottled water for their families; and
WHEREAS: This is not only disturbing because the water is practically
unpalatable, but also because many residents are concerned that it could pose a
potential health threat; and
WHEREAS: Although it is not unusual for water quality to decline during the
summer months, this problem has persisted into the autumn months;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that the City of Buffalo Department of Public
Works file a report with the City Clerk detailing the reasons for the poor
quality of water, what if any potential health hazards it may be causing, and
what efforts are being undertaken to improve the quality of water; and
BE IT FURTHER RESOLVED:
That the Environmental Management Commission, the New York State Department of
Environmental Conservation, the New York State Health Department, the Erie
County Health Department, Great Lakes United and the Citizens Campaign for the
Environment also be requested to comment on the quality of water in the City of
Buffalo.
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this resolution to all of the
agencies and departments cited in this resolution.
ADOPTED.
No. 158
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ITEMS
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$9,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Exempt Items and said sum is hereby reappropriated
as set forth below:
FROM:
100 General Fund
81-9 Exempt Items
842 - Reserve for Capital Improvements 9,000
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $9.000
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $9.000
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
517 - Reconstruction of Various Fire Stations $9.000
PASSED.
AYES- 12 NOES- 0.
No. 159
BY: MR. COLLINS
CODE COMPLIANCE OF PROPERTIES
BOUGHT AT CITY AUCTIONS
WHEREAS: The City of Buffalo holds property auctions several times
throughout the year; and
WHEREAS: Properties sold at In Rem Tax Foreclosure auctions are sold "as is"
and must be brought into code compliance within a two year time period by the
purchaser; and
WHEREAS: Properties acquired through methods other than the In Rem
Process-ie. -Homesteading, Division of Real Estate sales, county auctions of
properties in the city, are not currently governed by the code compliance
regulations that apply to In Rem.
NOW THEREFORE BE IT RESOLVED:
That the Common Council directs the Corporation Counsel to prepare the
necessary local law and/or ordinance amendment which would mandate code
compliance in all the above transactions.
ADOPTED.
No. 160
BY: MR. COLLINS
PARKS DEPARTMENT TO FILE
PERMITS WITH COUNCIL
WHEREAS: Buffalo's parks, ice rinks, baseball and softball diamonds,
athletic fields and other recreation facilities are sought for use by many
organizations; and
WHEREAS: The City Charter specifies that the Commissioner of Parks has the
authority to issue permits for use of these facilities; and
WHEREAS: There have been occasions when permits have been issued and
activities conducted without notification to interested parties such as citizen
advisory groups (ie: a park steering committee), an athletic association, or
other public bodies or officials; and
WHEREAS: To improve communication and facilitate cooperation, it would be in
the best interests of the city of Buffalo if the Parks Department filed copies
of all permits issued for facility usage with the Common Council, in order that
these permits become a matter of public record.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council requests that the Parks Department file copies of all
permits issued for use of parks facilities with the City Clerk.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- COLLINS, PITTS- 2.
No. 161
BY: MR. COLLINS
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
Fee
City Noncity
Resident Resident
Seniors and Youths under 18 $ .50 $ 2.00
18 years and over $1.00 $ 2.00
Designated private ice time:
Outdoor rink:
All groups per hour $15.00 $15.00
[Indoor rink:
All groups other than developmental league,
per hour $60.00 $100.00
Developmental league,
per hour $30.00 $100.00]
Indoor rink:
All groups, other than developmental league, with
less than four non-city
residents, per hour $60.00
All groups, other than developmental league,
with four or more non-
city residents, per hour - - $100.00
Developmental league,
per hour $30.00
Teams with four or more
non-city residents,
per hour $100.00
Teams with less than
four non-city residents
$50.00 per non-city
resident, per season
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 162
BY: MR. COLLINS
Homestead Property 154 Maple Street
WHEREAS: The Common Council authorized in Item I 58, C.C.P.. March
5, 1985 the designation of 154 Maple as homestead property and the Mayor of
the City of Buffalo was authorized and empowered to deliver a deed for 154
Maple Street, Buffalo, New York to Fruitbelt Redevelopment Incorporated for one
dollar; and
WHEREAS: The conveyance was made on the following conditions:
1. Fruitbelt Redevelopment Incorporated construct a new home within six months
of conveyance.
2. The home will be offered for sale to low - moderate income families.
3. Fruitbelt Redevelopment Incorporated submit to the Department of Community
Development for approval of plans and specifications.; and
WHEREAS: The above conditions were not met and the Common Council in item 175,
C.C.P.. February 5, 1991 authorized the Corporation Counsel to prepare a Quit
Claim Deed conveying the premises at 154 Maple Street from Fruitbelt
Redevelopment Incorporated to the City of Buffalo, and to forward same with a
cover letter to Fruitbelt Redevelopment exercising the City's right to claim
its reversionary interest in 154 Maple Street and requesting that the Quit
Claim Deed be executed and returned to the Corporation Counsel for recordation;
and
WHEREAS: The conveyance back to the City of Buffalo has been completed;
NOW, THEREFORE BE IT RESOLVED THAT: The Common Council authorize and direct the
Comptroller's office to transfer 154 Maple Street under the Urban Homestead
Program to the Community Action Organization under same terms and conditions
granted to the Fruitbelt Redevelopment Incorporated.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 163
BY: MR. COLLINS
"COMPASSION" FOR DEMONSTRATORS - PRO LIFE ISSUE
WHEREAS: The Buffalo News has reported that Mayor Griffin has instructed
the Police Commissioner and the Police Department to "have compassion" when
dealing with demonstrators from the pro-life movement 'Operation Rescue"; and
WHEREAS: The Mayor has been a longtime supporter of the pro-life movement;
and
WHEREAS: While the Mayor is entitled to his opinion, as a public official
and policy maker, it is his duty to ensure that equal treatment be afforded to
all; and
WHEREAS: Those people who disagree with the positions of "Operation Rescue"
are entitled to the same rights and should expect the same "compassion" from
the Buffalo Police Department;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council calls upon Mayor Griffin to instruct the Police
Department to display the same "compassion" for individuals or groups who
exercise their constitutional right to express a dissenting opinion from that
of the Operation Rescue demonstrators.
ADOPTED.
No. 164
BY: MESSRS. COLLINS AND RUTECKI
BOND RESOLUTION $150,000 SERIAL BONDS
ACQUISITION OF LAND AT HERTEL AVENUE ACCOUNT 200-717-058
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF
SAID CITY IN ADDITION TO $380,000 SERIAL BONDS PREVIOUSLY ISSUED AND $20,000
CURRENT FUNDS PREVIOUSLY APPROPRIATED, TO FINANCE THE COST OF ACQUISITION OF
LAND AT HERTEL AVENUE, AT THE ESTIMATED MAXIMUM COST OF $550,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Hundred Fifty Thousand Dollars ($150,000), in addition to $380,000 serial
bonds previously authorized and $20,000 current funds previously appropriated
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"); to finance the cost of acquisition of a parcel of land
located at 28 Hertel Avenue. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is Five Hundred Fifty Thousand Dollars ($550,000) as set
forth in the duly adopted Capital Improvements Budget of said City for fiscal
year 1991-92, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Acquisition
of Land and Development as Park 1991-92," Bond Authorization Account No.
200-717-058, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. Current funds derived from the City's General Fund may be
temporarily expended as an interim source of funding, to pay for the costs or a
portion of the costs of said improvements for which serial bonds are herein
authorized, and any expenditures made on such interim basis will be reimbursed
from the proceeds of taxable or tax-exempt bonds or bond anticipation notes
issued pursuant to this resolution.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose far which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 21. of the Local Finance Law, is
thirty (30) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: OCT. 1, 1991
LAID ON THE TABLE
No. 165
BY: MR. COPPOLA
REQUEST PARKS DEPT.
ERECT SNOW FENCE ON
AMHERST AND S- CURVES
WHEREAS: For several years, the Parks Department has erected a
snow fence along Parkside Avenue, which not only contains the snow, but also
helps to contain leaves in the fall; and
WHEREAS: For several years, residents along Amherst Street, between Colvin
and Parkside Avenues, have experienced a severe problem with blowing leaves
from the park accumulating in front of their homes; and
WHEREAS: Residents have complained that the piles of leaves are unsightly
and unsafe as a pile of leaves was set on fire by vandals threatening a car
parked nearby, and those leaves remaining in the Spring are not only unsightly,
but because of the unkempt appearance, diminish the value of their properties;
and
WHEREAS: It is not uncommon for Amherst Street residents to individually
collect fifty or more large plastic garbage bags full of leaves; and
WHEREAS: It would also be prudent to install a snow fence along the S-
curves in Delaware Park to assure visibility for drivers on this dangerous
stretch of road.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Deputy Commissioner of Parks authorize
the placement of snow fences on Amherst Street between Colvin and Parkside
Avenues to help contain the leaves, and along the S- curves in Delaware Park to
assure visibility for drivers.
ADOPTED.
No. 166
BY MESSRS. COPPOLA, COLLINS, & FRANCZYK
REQUEST UPDATE FROM CONRAIL
WHEREAS: A public hearing was held before the Council's Legislation
Committee on May 7, 1991, regarding several incidents on Conrail property
involving injuries and a death which occurred during a three-week period; and
WHEREAS: Conrail officials were asked to supply the Council with two years
of Conrail Police daily "blotters"; and
WHEREAS: To date, Conrail has not complied with the request. In the
meantime, several more accidents involving personal injury have occurred in the
City of Buffalo; and
WHEREAS: It is assumed that the manpower level has not been increased, even
", and while this
though the railyards remain attractive to youths as "playgrounds
Common Council recognizes that parents are responsible for the actions of their young children, not all of the accidents
have involved young children; and
WHEREAS: City, county, and state governments are responsible for providing
adequate security on government property; therefore, a private entity such as
Conrail should also be responsible for providing adequate security.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that Conrail officials comply with the verbal
request made on May 7, 1991, during the Legislation Committee hearing for
copies of Conrail Police daily "blotters" for the past two years.
BE IT FURTHER RESOLVED THAT
Corporation Counsel inform this Council of any accidents involving Conrail
property in which the City of Buffalo has been named a party to the suit.
BE IT FINALLY RESOLVED THAT
The City Clerk send a certified copy of this approved resolution to Conrail
officials in Selkirk, New York and Philadelphia, Pennsylvania, and to the
Fraternal Order of Police National Labor Council -Conrail I.
ADOPTED.
No. 167
BY: MR. COPPOLA
REQUEST REPORT FROM COMPTROLLER
ON GAS CONSUMPTION
WHEREAS: The City of Buffalo owns numerous vehicles and provides
fuel for those vehicles.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests the following information from the Comptroller's
office:
l. A detailed report from the Comptroller's office on gasoline consumption of
all city-owned vehicles broken down by department from January l, 1991.
2. What procedure is used by the Comptroller's office to audit consumption.
3. What method is used by department heads to monitor consumption.
4. Who is responsible for checking the mileage and amount of fuel used?
ADOPTED.
No. 168
BY: MR. COPPOLA
REQUEST OVERTIME INFORMATION FROM
COMMISSIONER OF STREET SANITATION
WHEREAS: An overtime report from the Comptroller's office revealed
that overtime paid to Street Sanitation Department workers totaled over
$500,000 for May, June, July, and August, 1991; and
WHEREAS: Some of that overtime was a result of the large trash problem;
however, it was evident that some individuals received a great deal more
overtime than others, and overtime continued to be distributed even after the
large trash problem was resolved.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Commissioner of Street Sanitation appear
before the Committee on Legislation on October 8, 1991, to answer the following
questions:
l. How is overtime distributed?
2. Why did the list from the Comptroller's office show a great deal more
overtime for some employees than others?
3. What method will be used to distribute overtime during the winter months?
4. What was the purpose of overtime after the large trash problem was
resolved?
ADOPTED.
No. 169
BY: MR. HIGGINS
COUNCILMEMBER EXCUSED FROM ATTENDANCE
AT COUNCIL MEETING
NOW, THEREFORE, BE IT RESOLVED:
That Common Council Majority Leader Eugene M. Fahey be and hereby is excused
from attendance at the Council meeting of October 1, 1991, due to absence from
the state.
ADOPTED.
No. 170
BY: MR. HIGGINS
REQUEST FOR COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
TO ADDRESS :INSPECTION REFORM MEASURES
WHEREAS: The Common Council adopted Property Reform Inspection
Measures (C.C.P. #231 April 16, 1991) resolution calling for the establishment
of an Administrative Nearing officer and a fine schedule in addition to
expanding the Certificate of Occupancy requirement to include non-owner
occupied income units; and
WHEREAS: These reform measures were advanced during a series of meetings
held earlier this year to review the current inspections process, identify the
problem, recommend reform measures and implement change; and
WHEREAS: The reform measures adopted on April 16, 1991 have not been
implemented and the Council is once again reviewing the landlord licensing
bill, the need is more pressing for the implementation of these reforms; and
WHEREAS: An administrative hearing officer was also recommended in the
Rousing Advisory Council report of Nay IS, 1991, which would lead to better
referral to the City's loan Program. The Housing Advisory Council also listed
nine other recommendations including better communication between inspectors
and neighborhood agencies, development of a way to correct inaccurate addresses
for property owners in Buffalo and a penalty for failure of the owner to
provide an address for the owner who is responsible for the property; and
WHEREAS: The the problem of deteriorating housing conditions in the City and
the need to bring these properties into compliance remains critical.
NOW, THEREFORE BE IT RESOLVED:
The Commissioner of Inspections and Community Revitalization be requested to
appear before the next meeting of the Legislation Committee to explain his
department's position on and implementation of the reform measures adopted by
the Council on April 16, 1991 and those offered by the May 15, 1991 Housing
Advisory Council report.
ADOPTED.
No. 171
BY: MR. HIGGINS
PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
l. NORMAN APPLEFORD
Claim for prior fiscal year inspection time in the
Police Department. $94.50
2. AUDIOLOGY DELAWARE MEDICAL GROUP, P.C.
Claim for services rendered to Firefighter, JAMES
SEMBER in a prior fiscal year. $60.00
3. CARL BARONE
Claim for personal property that was destroyed while
performing his duties in the Department
of Street Sanitation. $72.00
4. CALLAGHAN & COMPANY
Claim for services rendered to the Department of Law
in a prior fiscal year. $46 05
5. SAMUEL CASTRO
Claim for uniform equipment destroyed in the line
of duty in the Fire Department. $59.35
6. CITY OF BUFFALO
Claim for services rendered to the Division of
Engineering in a prior fiscal year. $35.28
7. ANTHONY J. CZAPLICKI
Claim for loss of garbage can. $10.00
8. ROBERT C. DeVOE, JR.
Claim for refund of unused golf permit $37.50
9. PATRICIA HOEBEL
Claim for loss of garbage can. $8.00
10. INTERNATIONAL EXTERMINATORS, INC.
Claim for services rendered to the Division of
Engineering in a prior fiscal year. $38.00
11. STEVEN R. MALKOWSKI
Claim for personal property destroyed while performing
his duties in the Police Department. $39.50
12. CHARLES MASI (PETTY CASH)
Claim for prior fiscal year petty cash payments to the
Division of Engineering. $90.07
13. NEW YORK STATE FIRE ACADEMY OF FIRE SCIENCE
Claim for services rendered to the Fire Department
in a prior fiscal year. $20.00
14. FRANK PANEK
Claim for loss of garbage can. $9.00
15. QUEEN CITY PUREWATER COMPANY
Claim for services rendered to the Division of
Engineering in a prior fiscal year. $67.70
16. ROY C. RHODES
Claim for Detective Rhodes' uniform equipment destroyed
in the line of duty in the Police Department. $ 23.22
17. UNIVERSITY RADIOLOGY AT ECMC
Claim for services rendered to Police Officer MICHAEL
FAHEY in the past fiscal year. $23.03
18. RONALD VARSHAY
Claim for loss of garbage cans. $12.00
19. ROBERT J. WILLIAMS
Claim for loss of garbage cans. $17.50
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED
AYES- 12 NOES- 0.
No. 172
BY: MESSRS. HIGGINS, FAHEY AND BELL
AMENDMENTS TO THE HORIZONS WATERFRONT COMMISSION DRAFT ACTION
PLAN
WHEREAS: On June 10, 1991, the Mayor of the City of Buffalo filed
with this Cornon Council the final draft of the Horizons Waterfront Commission
Action Plan requiring review and comment pursuant to paragraph 4.A of the
Intermunicipal Cooperation Agreement (I.C.A); and
WHEREAS: The I.C.A. Requires review by this Common Council to determine
whether the draft action plan as it applies to the City of Buffalo, is in the
best interest of the City of Buffalo; and
WHEREAS: After a 90 day review period, on September 3, 1991, this Common
Council adopted a resolution of objection citing general and specific land use
inconsistencies with the city of Buffalo's previously adopted (C.C.P. Dec. 26,
1990) Local Waterfront Revitalization Plan (L.W.R.P); and
WHEREAS: In accordance with the I.C.A.. (paragraph 4.B), the city of
Buffalo and the Horizons Waterfront Commission initiated a procedure to
consider changes to the Horizons Waterfront Commission Draft Action Plan; and
WHEREAS: Negotiations between the City of Buffalo and the Horizons
Waterfront Commission produced the following agreements concerning changes to
the Horizons Waterfront Commission Draft Action Plan.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council hereby approves the Horizons Waterfront Commission
Draft Action Plan with the following amendments:
A. NORTH- SOUTH HARBOR:
i. Coast Guard Station: The City of Buffalo and Horizons Waterfront
Commission disagree as to the intensity of the land use for the Coast Guard
Station site at the mouth of the Buffalo River. Further analysis will be
required to determine whether or not the ecological character of that area is
, as recommended in the Draft Action Plan. The City of
too sensitive to support the "Nowak project
Buffalo reserves the right to site specific projects.
ii. Seaway Piers: The city of Buffalo supports the completion of the Seaway
Pier development. A 600-slip marina, green space and low density commercial
marine support uses are envisioned to complement the existing bar/restaurant
complex.
iii. Waterfront Park: The development of an attractively landscaped waterfront
park of at least 90 acres is planned for this area. The development of this
park and the compression of Fuhrmann Blvd. (Route 5) must precede any
consideration of residential and/or low density commercial development on the
outer harbor park area.
iv. Waterfront Industrial Reserve/Parkland (area approx. 250 feet south of
the Bell Slip to the Port of Buffalo): The retention of a deep water port may
still be essential to the Buffalo area economy. Further study to determine the
City of Buffalo's water dependent industrial needs should be concluded -fore
transitioning of this area to parkland is planned. The City of Buffalo
Department of Community Development should undertake water dependent industrial
needs assessment study and report their findings to this Common Council within
90 days. Any industrial expansion of this area will be restricted to water
dependency subject to Common Council approval.
v. Union ship Canal: The City of Buffalo and the Horizons Waterfront
Commission is in agreement with the proposed-residential and park mixed
development proposed for this site.
B. FOOT OF PORTER AVENUE AT LASALLE PARK (area extend approximately 1500
feet north to the West Side Rowing Club): The City of Buffalo and the Horizons
Waterfront Commission agree to delete the proposed residential development in
this area. The retention of water dependent use (ie. Marinas) is planned for
this area in addition to landscaping and expansion of existing green space.
C. TRANSPORTATION:
i. The Southtowns Connector: The proposed North-South Commercial route
should facilitate a parkway conversion of Fuhrmann Boulevard in addition to
expanding development opportunities subsequent to relocation, particular
planning and design consideration must be given to concerns raised by the
Friends of the Buffalo River and the valley and First Ward Communities relative
to route selection.
ii. Niagara Section-NY State Thruway: The City of Buffalo urges the Horizons
Waterfront Commission to examine all possible alternatives to removing barriers
to waterfront access in this area. The relocation of this 3.4 mile stretch of
Thruway is proposed by the North District Waterfront Review Committee and
Councilmember David Rutecki.
D. NIAGARA STREET: The significant opportunities inherent in this major
north/south commercial route cannot be overstated. Niagara Street is the major
northern gateway into the City of Buffalo from Canada. The in. 5.-Canadian
free trade agreement will presumably result in a higher density of roadway.
Particular planning emphasis should be placed on reconstruction to support
increased volume and aesthetic improvements to project Buffalo's proud ethnic
and waterfront heritage.
AND, BE IT FINALLY RESOLVED: That the City of Buffalo as a party to the I.C.A.
cannot he compelled by this agreement or the acceptance or adoption of the
Horizons Waterfront Action Plan to undertake a project, expend its own funds or
use its own resources in support of a project without the voluntary consent of
the City of Buffalo.
Mr. Rutecki now moved to amend said resolution by adding the following;
seconded by Mr. Higgins
RESOLVED, That this Common Council does hereby amend both the City of
Buffalo's local waterfront Redevelopment Plan and the Horizon Commission's
action Plan to:
1. Specifically provide for a feasibility study on the inland relocation of
the 1-90 between Mile Pose 9 and Mile Pose 13 to a proposed route along the
Conrail right-of-way.
2. Establish a public access requirement along the water's edge north of the
Corps of Engineers' property to the City line, and
BE IT FURTHER RESOLVED:
That should this study conclude that such a relocation is feasible that the
City of Buffalo strongly endorses and recommends this relocation to both the
New York State Thruway Authority and the New York State Department of
Transportation; and
BE IT FURTHER RESOLVED:
That, if the I-90 is relocated the LWRP and the Horizon Commission's Action
Plan shall be amended to provide
1. That the reclaimed waterfront lands north of Cornelius Creek Park shall be
used to reconnect Riverside Park to the Niagara River and for establishing
additional park land along the river.
2. The remaining reclaimed lands south of Cornelius Creek Park shall be
designated for development of water related and water enhanced uses on the
condition that the public access of no less that 25 feet shall be provided.
CARRIED
Mr. Higgins now moved approval of said item as amended; seconded by Mr.
Rutecki.
PASSED
AYES- 12 NOES- 0.
No. 173
BY: MR. PERLA
REMOVAL OF "NO PARKING" SIGNS - HAMPSHIRE STREET BETWEEN WEST
AVE. AND FARGO ST. AND BAYNES AVENUE BETWEEN LAFAYETTE AND BIRD AVENUE
WHEREAS: This Common Council via item #144, C.C.P. 144, July 3,
1990, denied permission for installation of "No Parking" signs on Hampshire
Street between West Avenue and Fargo Street, and Baynes Avenue between
Lafayette and Bird Avenue; and
WHEREAS: The Department of Public Works erected the signs despite the
Council's denial, citing the Police Department's "emergency" order for
placement of signs at these locations; and
WHEREAS: The Police Commissioner, in a written communication, admits that
his department did request "No Parking" signs, but disclaims the "emergency"
order in its request; and
WHEREAS: The Department of Public Works obviously is circumventing the
process by classifying every Police request on an emergency basis; and
WHEREAS: The original denial was based on input from community residents who
have a difficult time parking in these areas without the additional
restrictions; and
WHEREAS: Public Works should be made to take down the signs which were
erected against the wishes of the Common Council;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests that the Department of Public Works remove the
"No Parking School Days 8:00 A.M. - 4:00 P.M." from Hampshire Street between
West Avenue and Fargo Avenue and Baynes Avenue between Lafayette and Bird
Avenue; and
BE IT FURTHER RESOLVED:
That the Commissioner of Public Works explain why he circumvented the process
for installation of signs despite specific action by the Common Council denying
them.
ADOPTED.
No. 174
By: MR. PERLA
PERMISSION TO ERECT A BANNER
WHEREAS: Mr. Bennet E. Hell of Mulligan's Brick Bar, 229 Allen
Street, wishes to hang a banner on Elmwood Avenue. This will read: "Mulligan's
4th Annual Fail Classic, Variety Club Telethon Run For The Kids, October 3rd,
6:00 P.M."; and
WHEREAS: The banner will be hung on Elmwood Avenue just North of Allen
Street. The banner will be hung on Wednesday, October 2, 1991 and will be
removed on Friday, October 4, 1991; and
NOW, THEREFORE BE IT RESOLVED THAT:
That Mulligan's Brick Bar be granted permission to erect said banner at the
aforementioned location, For the time period stated, upon satisfaction of
conditions set Forth by the Department of Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 175
BY: MESSRS. PERLA FAHEY, ARTHUR, AMOS, PITTS & MRS. LOTEMPIO
CONVENE MEETING FOR
DEVELOPMENT OF PEACE BRIDGE,
OFF-SITE INSPECTION STATION,
FREE TRADE BENEFITS
WHEREAS: Upgrading the Peace Bridge and construction of an off-site
inspection center to facilitate the movement of cross border truck traffic
have been topics for discussions and planning since before the signing of the
historic American-Canadian Free Trade Agreement; and
WHEREAS: The Free Trade Agreement had been touted as having the potential
for creating significant economic impact on this area, rivalling the effects of
the opening of the Erie Canal in the nineteenth century; and
WHEREAS: This Common Council via resolution #232, C.C.P. 7/31/90 asked for
the intervention of Governor Cuomo to appoint an oversight committee to
coordinate the planning and development of the Peace Bridge "to expedite and
enhance development; avoid delays; and enable the benefits of the Free Trade
Agreement to more quickly provide economic benefit to Western New York."; and
WHEREAS: The 1990 Council resolution spoke to the multi-tiered jurisdictions
involved in the operations and maintenance of the Peace Bridge and its
ancillary facilities and the need for one entity to coordinate efforts; and
WHEREAS: Since that time, the Council has also gone on record supporting the
off-site inspection facility proposed by developers Peter and Robert Elia, and
granted conditional approval for an easement in Front Park to allow for a
connecting tunnel between the Peace Bridge Plaza and the inspection station
pending approval from the United States General Services Administration; and
WHEREAS: After months of deliberation, the General Service Administration
has confirmed that U.S. Customs has submitted new specifications for a scaled
down inspection station, which in all likelihood, will delay or destroy this
project, deter enhancement of the Peace Bridge and will be extremely
detrimental to economic potentials for the City of Buffalo; and
WHEREAS: While delays hamper our efforts to capitalize on these potential
economic advantages, other border cities have made significantly better headway
in reaping the benefits of Free Trade; and
WHEREAS: Since the Governor never established the oversight committee, it is
incumbent on the leadership of this city to delay no further and bring all
parties together to regain a straight and steady course of action to
aggressively resolve the Peace Bridge issues;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council, as the Committee of the Whole, convene a meeting with
representatives from: the Western New York Congressional delegation, the office
of the Governor of New York State, the New York State Legislature, the office
of the Erie County Executive, the Erie County Legislature, the office of the
Mayor of the City of Buffalo, the U.S. General Services Administration, U. S.
Customs Department, the New York State Thruway Authority, the NYS Department of
Transportation, the NYS office of Parks, Recreation, and Historic Preservation,
the Peace Bridge Authority, the developers of the off-site inspection station,
and others to work on resolution of these cross-border transportation issues
and to begin to feel the positive effects of the Free-Trade Agreement; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to send certified copies of this resolution to
those agencies and individuals cited in the preceding paragraph.
BE IT FINALLY RESOLVED:
That the Common Council request the Local Western New York Congressional
delegation to sensor a hearing locally and request that the General Services
Administration, State of New York and the Peace Bridge Authority appear to
discuss the proposed development of a truck inspection station at the Peace
bridge.
ADOPTED.
No. 176
BY: MR. PITTS
SPECIAL SITE COMMITTEE TO PROVIDE CHANNEL 17 WITH A DOWNTOWN BUFFALO
SITE
WHEREAS: W.N.E.D.. Television, Channel 17 has been searching for
a site to build a new broadcast station. The present location on Barton Street
is inadequate, and
WHEREAS: The Board of Directors have been working diligently for over one
year and have made a concerted effort to find a location in Downtown Buffalo,
and
WHEREAS: Approximately one and a half years ago the Crossroads Site at the
foot of Main Street was designated for the development of the new station.
However, this site is now the preferred site for the development of a proposed
Hockey Arena, and
WHEREAS: The Board of Directors have expressed interests in the one or more
of following site areas:
(1) Genesee and Oak Streets
(2) Genesee and Michigan
(3) Goodell and Michigan
(4) Pearl between Tupper and Chippewa Streets
(5) South Elmwood and West Genesee Streets
(6) Pearl and Niagara Streets next to the Robert Fernbach Ramp However,
nothing has been consummated, and
WHEREAS: The Board of Directors have now begun to seek sites in suburban
areas! The loss of Channel 17 to a suburban location would be a travesty,
especially since the City of Buffalo can and does have adequate sites. Why not
keep the jobs and economic impact in Buffalo?
NOW THEREFORE BE IT RESOLVED THAT: The Common Council requests Channel 17
to continue to seek a development site in Downtown Buffalo.
BE IT FURTHER RESOLVED THAT: The Common Council President establish a
Site Selection Committee with representatives from the Common Council, Channel
1? Board of Directors, Community Development and the Buffalo Development
Companies to find a suitable two acre site in Downtown Buffalo for the purposes
of building a new station for W.N.E.D., Channel 17.
ADOPTED.
No. 177
BY: MESSRS. PITTS, ARTHUR, COPPOLA, AND AMOS
ELIMINATE DEPUTY COMMISSIONERS OF FIRE AND ADD FOUR BATTALION
CHIEFS
WHEREAS: Article 13, Section 252 of the Charter and Code of the
City of Buffalo requires that there be four (4) Deputy Commissioners of Fire,
and
WHEREAS: There is no provision in the Charter and Code of the City of
Buffalo which establishes a minimum of Battalion/Division Chiefs, and
WHEREAS: The Department of Fire has not had more than two (2) Deputy
Commissioners of Fire for a number of years, and
WHEREAS: The number of Battalion/Division Chiefs has fluctuated over the
years and there is need to establish a minimum number' of Battalion/Division
Chiefs.
NOW THEREFORE BE IT RESOLVED THAT: Article 13, Section 252 of the Charter and
Code of the City of Buffalo be amended so as to fix the number of Deputy
Commissioners of Fire at two (2).
BE IT FURTHER RESOLVED THAT: A new Section be added to Article 13 fixing a
minimum number of battalion districts at five (5), one chief assigned to each
district and one on each platoon for a minimum number of 20, under the
direction of 1 division chief on each platoon for a minimum number of four (4)
division chiefs.
FURTHER BE IT RESOLVED THAT: The Corporation Counsel prepare an appropriate
Local Law to be placed on the November 5, 1991 general election ballot for
public referendum.
ADOPTED.
No. 178
BY MESSRS. RUTECKI & FRANCZYK
REQUEST ORDINANCE
AMENDMENT REQUIRING
SEPARATION OF YARD WASTES
FROM GARBAGE
WHEREAS: The City of Buffalo has made great strides in addressing
the solid waste crisis through the initiation of a recycling program that
diverts waste from expensive and environmentally controversial disposal methods
such as incineration and landfilling; and
WHEREAS: One of the most promising steps the City has taken involves the
composting of yard waste and wood debris on Squaw Island by the Parker Bay
Company, with the compost slated for use in remediating this former landfill
and constructing a park on the Island; and
WHEREAS: The composting of leaves and other yard wastes has resulted in
great savings for the city because Parker Bay has been able to process the
materials at a cost of only $18.49 per ton as opposed to the City's current
cost of $54.19 per ton for incineration: ad
WHEREAS: In addition, composting represents a net plus for the environment
because it returns valuable nutrients to the soil without creating significant
pollution; and
WHEREAS: The use of composted materials to rehabilitate disturbed lands is a
beneficial use which may have applications throughout the city and the nation;
and
WHEREAS: Although the public has responded to recycling positively and has
made great efforts to separate recyclable materials, the success of the Squaw
Island program indicates that there is no reason for any yard wastes to be
mixed in with regular garbage pickups and disposed of at great expense to the
city; and
WHEREAS: It would be beneficial to establish an ordinance amendment which
would require yard waste to be either composted at home or channeled by
residents to the city's yard waste composting program and which would outlaw
the practice of putting yard waste out with non-recyclable garbage; and
WHEREAS: In developing such an ordinance amendment it would be desirable for
the Department of Public Works to explore ways of distinguishing compostable
yard waste such as providing biodegradable paper bags to contain the waste;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Corporation Counsel, in consultation with the
Department of Public Works, to draft an ordinance amendment to regulate the
disposal of yard waste in the City which will:
1) Require the citizens of Buffalo to maintain compostable yard waste
separately from non-recyclable "regular" garbage;
2) Follow the lead of Seattle and other cities which provide education on home
composting, including making available home composting units, in order to lower
the city's solid waste costs and enrich the city's soils while encouraging the
environmental empowerment of the citizenry;
3) Require citizens who wish to dispose of compostable yard waste at curbside
to place it out separately from regular garbage in appropriate packaging;
4) Provide for penalties for violations of this ordinance amendment.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF STREET SANITATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION AND
THE CORPORATION COUNSEL.
No. 179
BY: MR. RUTECKI
SAFETY OF POLICE VEHICLES
WHEREAS: More than 3,000 Police agencies across the nation,
including the City of Buffalo Police Department, have purchased 1991 Chevrolet
Caprices as police vehicles, and
WHEREAS: While these Caprices have apparently become the vehicle of choice
for police agencies, there have also been a significant number of accidents
reported with these vehicles on the national level, causing concern for the
safety of officers assigned to them, and
WHEREAS: Several states have initiated safety studies on the Chevrolet
Caprice, particularly on the vehicle's anti-lock braking system which is
suspected to be the cause of many of the reported accidents, and
WHEREAS: General Motors has issued a statement defending the safety
standards of the Caprice as a police vehicle, stating instead that it was the
unfamiliarity of drivers with an anti-lock braking system that could have been
the cause of some of the accidents, and
WHEREAS: Nevertheless, General Motors has produced and distributed a
training film to police agencies that have purchased the Caprice that is
designed to educate drivers of the vehicle on the proper handling of the
anti-lock braking system, and
WHEREAS: This Common Council is concerned about the safety of its police
officers, THEREFORE BE IT
RESOLVED: That this Common Council does hereby request the Commissioner of
Police and the Commissioner of General Services to submit to this Council a
report of all incidents and/or accidents involving 1991 Chevrolet Caprices
purchased by the Police Department, and BE IT FURTHER
RESOLVED: That the report from the Police Department include a schedule of
the showing of the General Motors training film to all officers assigned to
these vehicles.
ADOPTED.
No. 180
BY: MR. RUTECKI
AMEND PUBLIC ACCESS AGREEMENT -USE OF MOBILE PRODUCTION VAN
WHEREAS: A contract to operate the city's public access cable television
system has been executed between the City of Buffalo and Buffalo Community
Television, doing business as Buffalo Cable Access Media (B-CAM); and
WHEREAS: In 1986 TCl of New York donated a production van to the City of
Buffalo for use related to cable television public access programming; and
NOW, THEREFORE BE IT RESOLVED:
That this Common Council amend the public access television contract between
the City of Buffalo and Buffalo Cable Access Media (Buffalo Community
Television) to provide that the mobile production van donated by TCI of New
York for use in connection with public access programming be donated to Buffalo
Community Television with the following conditions:
I. That the van be used exclusively for public access-related activities;
2. That B-CAM maintain adequate insurance for the van and its contents
including but not limited to property damage, personal liability, theft and
fire coverages;
3. That should the public access contract expire or be terminated, the van
will revert back to the City of Buffalo.
PASSED
AYES- 12 NOES- 0.
No .181
BY: MR. RUTECKI
APPOINTMENTS TO BOARD OF BUFFALO COMMUNITY TELEVISION
WHEREAS: The City of Buffalo recently entered into an agreement
with Buffalo Community Television (dba Buffalo Cable Access Media, B-CAM) to
operate the city's cable TV public access facility; and
WHEREAS: The organization's bylaws includes a provision for the
appointment of seven individuals to its Board of Directors by the Buffalo
Common Council; and
NOW, THEREFORE BE IT RESOLVED:
That the following individuals be appointed to the Board of Directors of
Buffalo Community Television (dba Buffalo Cable Access Media, B-CAM):
Anthony Billoni Jan Peters
119 Bidwell Parkway 76 Orange St.
Buffalo, NY 14222 Buffalo, NY 14204
A. Leigh Harden Kathy Simonds
125 Lafayette Ave. Apt. 3 205 Bidwell Parkway
Buffalo, NY 14213 Buffalo, NY 14222
James A. Lewis III Dennis Woods
314 E. Ferry Ave. 1233 Main St.
Buffalo, NY 14208 Buffalo, NY 14209
Mel Netzhammer
SUNY College at Buffalo, Communications Dept.
1300 Elmwood Ave.
Buffalo, NY 14222
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 182
BY MR. RUTECKI:
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common council:
Felicitation for Mayor Miecyslaw Janowski
By Councilmember Franczyk, Rutecki & Bakos
Felicitation for Alexandra (Sandi) Lawkowski-Schmid
By Councilmember Rosemarie LoTempio
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. 183
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:
Lisa A. Becker
Joyce A. Butts
Beatrice T. Cruz
Robert L. Esposito
Joseph A. Lombardo
TOTAL: 5
ADOPTED.
No. 184
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:
William J. Graczyk
Maxine E. Hare
John Holenski
Sandra J. Panaro
Barry R. Romeo
Marquerite L. Spears
Daniel F. Wakelee
TOTAL 7
ADOPTED.
UNFINISHED BUSINESS
No. 185
REFUNDING BOND RESOLUTION - $80,000,000 BONDS -
REFUNDING OF VARIOUS OUTSTANDING SERIAL BONDS
(ITEM NO. 2, C.C.P., SEPTEMBER 24, 1991)
Mr. HIGGINS moved that Item No. 2, C.C.P., September 24, 1991,
be taken from the table. Seconded by Mrs. LOTEMPIO.
CARRIED.
Mr. HIGGINS moved that the above item be approved. Seconded by Mr. PERLA
PASSED
AYES- 12 NOES- 0.
No. 186
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CLAIMS Tuesday,
OCT 8, 1991 9:00 AM
CIVIL SERVICE Tuesday, OCT 8, 1991 9:30 AM
FINANCE Tuesday, OCT 8, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, OCT 8, 1991 2:00 PM
ECON. DEV.. Wednesday, OCT 9, 1991, 10:00 AM
ANCILLARY COMMITTEES
CATV COMMITTEE FRIDAY, OCT 11, 1991 10:00 AM RM 1417
EXECUTIVE SESSION THURSDAY, OCT 3, 1991 10:00 AM RM 1417
No. 187
Adjournment
On motion by Mr. HIGGINS, Seconded by Mr. PERLA the council adjourned
at 4:35 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.