HomeMy WebLinkAbout91-1029
No. 20
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 29, 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 29, 1991
at 2:00 P.M.
PRESENT - George K. Arthur President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, LoTempio, Perla, Pitts, and
Rutecki - 13.
ABSENT - NONE
On a motion by Mr. Fahey, seconded by Mr. Rutecki, the minutes of the stated
meeting held on October 15, 1991, and the Special Session held on October 24,
1991, were approved
FROM THE MAYOR
No. 1
Veto 28 Hertel
Item No. 163, C.C.P., 10/15/91
This item authorizes the issuance of an additional $150,000 in
bonds for the acquisition of 28 Hertel. The initial issuance of bonds provides
$400,000 for acquisition. The City's appraiser values the property at
$438,000.
Your Honorable Body is entertaining a proposal to purchase the site for
$530,000. I have previously vetoed the acquisition because I have been advised
by the Commissioner of Community Development and the Corporation Counsel that
there are no additional compensable costs which Justify the purchase at this
price. For the same reasons I must disapprove the additional issuance of
bonds.
The above item is herewith returned without my approval.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 163, C.C.P., October
15, 1991- Bond Res. $150,000- Acq. of Land- 28 Hertel.
Seconded by Mr. Rutecki.
REPASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 2
Veto Message -
Architectural/Engineering Services
War Memorial Stadium Site
Item No. 62, C.C.P., October 1, 1991
The referenced item awards the contract for professional services
for the War Memorial Stadium Site to a consultant who originally proposed a
much higher fee. In effect you have given this consultant the opportunity to
match the proposed fee of another consultant who had responded to the request
for proposals by the Commissioner of Community Development. This practice
improperly interferes with the orderly selection of professional consultants by
the Commissioner of Community Development.
In this case, the interference has resulted in substantial delay in
obtaining the services required and it will result in the selection of a
consultant who is not best suited for the work at hand. It will also make it
very difficult in the future for the City to solicit proposals from
professional consultants. Consultants will be reluctant to go to the expense of
making a good faith proposal when it would appear that you have already decided
to award the work on a basis other than merit.
All in all, this is a shabby practice which violates fundamental
principles of good government. I hereby veto the referenced item.
Mr. Collins moved to Override the Mayor's Veto of Item No. 62, C.C.P., October
1, 1991- Architectural/Engineering Services- War Memorial Stadium Site.
Seconded by Mr. Rutecki.
REPASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, RUTECKI- 11.
NOES- BAKOS, FAHEY- 2.
No. 3
Reappointment of members
of City Planning Board
Pursuant to the powers vested in me by Section 316 of the Charter
of the City of Buffalo, I hereby reappoint, subject to confirmation by Your
Honorable Body
, the below listed persons as members of the City Planning Board for a term expiring October 9, 1994:
Reverend S. Theodore Berg
St. Teresa's Rectory
1974 Seneca Street
Buffalo, New York 14210
Howard T. Ford
900 Delaware Avenue
Apartment #304
Buffalo, New York 14209
I hereby certify that the above listed persons are fully qualified for
reappointment as members of the City Planning Board.
Mr. Fahey moved:
That the communication from the Mayor's Office dated October 15, 1991, be
received and filed;
That the reappointment of Reverend S. Theodore Berg, and Mr. Howard T.
Ford as members of the City Planning Board for a terms expiring October 9,
1994, be confirmed.
ADOPTED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 4
Tripi Foods, Inc. - Request to place a non accessory billboard sign at the rear
of 755 Bailey Ave..
Item No. 82, C.C.P., October 15, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Billboards.
The applicant seeks to erect a single pole, "V" type, non illuminated
billboard at the rear of the property captioned above which will be visible
from the Niagara Section of the New York Thruway. The proposed sign will have a
face area of 672 square feet (14 feet by 48 feet) and will be 40 feet in
overall height.
The site is located in an M2 zone which permits non accessory signs up to
675 square feet in area and a 40-foot maximum height. When placed near a
limited access expressway, the code does not permit such billboards to be less
than 1000 feet from one another on the same side of the highway. Under
S.E.Q.R., the proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the requested billboard since it
conformed to the limits of the Buffalo Code.
RECEIVED AND FILED.
No. 5
Empire Realty Corp. - Request to
place an accessory, illuminated
wall sign at 100 Seneca Street
(Oak Street Side).
Item No. 83, C.C.P., October 15, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above application pursuant to Section 511-63 of the
Buffalo Code, Sign Control Overlay District.
The applicant seeks to place a 4 1/2 foot by 18 foot, or 126 square feet)
illuminated, accessory, wall sign. The proposed sign will be mounted flush
against the building.
The site is located in the Sign Control Overlay District which limits the
amount of allowable signage to .5 square feet for each lineal foot of front lot
line, whichever is greater. The proposed sign will add 126 square feet to the
existing 923 square feet of signs on the building. Since the front lot line of
the building is 1215.26 feet, the total amount of signage allowed under the
ordinance is 607.23 square feet. It should be noted that the Sign Control
Overlay District allows Your Honorable Body to alter the amount of signage
allowed without the Zoning Board of Appeals involvement. The site is also
proximate but not contiguous to the Joseph Ellicott Preservation District.
Under SEQR, the proposed sign addition may be considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sign addition since the
building's size and location seem to support such accessory signage. Moreover,
it should be noted that the proposed sign will contain the new name of the
premises, i.e. Realty Credit Corp. rather than Empire of America.
RECEIVED AND FILED.
No. 6
Friends of Cazenovia Manor - Request to use 376 Dewitt Ave. as a halfway house
for alcoholics.
Item No. 84, C.C.P., October 15, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above request pursuant to Section 511-94 of the
Buffalo Code, Review of Halfway Houses.
The applicant, a recipient of state funding, seeks to establish a 14-bed
halfway house for individuals recovering from alcoholism. The site of the
halfway house will be a vacant convent house which was formerly a part of the
Coronation of the Blessed Virgin Mary Roman Catholic Church.
Halfway houses may be permitted in any C or R zone in the city but only
upon the approval of Your Honorable Body. Under S.E.Q.R., the proposed halfway
house is considered an unlisted action which may be studied through
uncoordinated review.
In determining the suitability of the halfway house, the Planning Board
considered its location to other halfway houses for alcoholics and was informed
that the closest such facility is at 200 Albany Street in Buffalo which is a
considerable distance from the site. The applicants also informed the Board
that the site's former uses, i.e., a convent, and most recently institutional
housing for the mentally retarded, was well suited for the intended use and
would involve a minimum of renovations. Lastly, they informed the Board that
the site's proximity to public transportation on Forest Avenue was of critical
importance.
As for the impact on the surrounding neighborhood, the applicants assured
the Board that their operations have always been good neighbors and reed a
letter from a next door neighbor of the halfway house that they administer in
South Buffalo which attested to that assertion. The applicant also informed the
Board that they had met with the district councilman as well as a church
parishioners' group and that no one had expressed opposition to the proposed
halfway house.
Given this, the Planning Board voted to approve the proposed halfway
house.
RECEIVED AND FILED.
No. 7
W. Schmid - Request to erect an illuminated pole sign
at 1036 Broadway.
Item No. 110, C.C.P., July 23, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above application pursuant to Sections 387-19, 413-67,
and 511-128c of the Buffalo Code; Pole Sign Review, Right-of-Way Encroachments,
and Broadway-Fillmore Urban Renewal District.
The applicant seeks to erect an illuminated accessory pole sign which
will measure 4 feet by 6 feet in area and 20 feet in overall height. The sign
will encroach on the public right-of-way.
The site is located in a C3 zone which is overlain by the
Broadway-Fillmore Urban Renewal District. The urban renewal area restricts
accessory signs to those attached flat against the building. The site is also
a local landmark; consequently, the proposed sign had to be reviewed by the
Buffalo Preservation Board.
" for the
The Buffalo Preservation Board granted a "Certificate of Exception
proposed sign on September 9, 1991. In their deliberations, the Preservation Board determined that under SEQR the proposed
sign was a Type II action which did not require further environmental review. On October 17, 1991, the Zoning Board of
Appeals approved the pole sign in the urban renewal area and the Department of Public Works has recommended approval for
the encroachment.
Given these approvals and the number of existing pole signs in the
Broadway-Fillmore area, the Planning Board voted to approve the requested sign.
RECEIVED AND FILED.
No. 8
J. Wistner - Request to place an awning at 388 Amherst which will encroach in
the right-of-way.
Item No. 9, C.C.P., October 1, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above request pursuant to Section 413-56 of the
Buffalo Code, Review of Right-of-Way Encroachments.
The applicant seeks to place a 22 foot by 4 foot by 2 1/2 foot awning
which will encroach 2 1/2 feet into the right-of-way.
The Planning Board voted to deny the requested awning encroachment since
the applicant had not appeared at the past two Board meetings and could
therefore not answer the Board's questions relative to the awning.
RECEIVED AND FILED.
No. 9
Dept. of Inspections and Community
Revitalization - Request to abandon
portion of Amelia Street.
Item No. 33, C.C.P., October 15, 1991.
The City Planning Board at its regular meeting held Tuesday, October
22, 1991, considered the above matter pursuant to Section 317.1 of the City
Charter, Referable Matters to the City Planning Board.
The Department of Inspections and Community Revitalization has requested
that the portion of Amelia Street which is contiguous to New Abby Street be
abandoned and used for a new housing site in the New Abby Street area.
The portion of Amelia Street which is being requested is the western
terminus which touches New Abby Street on the north and west. It contains
approximately 6,273 square feet, or 0.144 acres. Amelia Street is an unpaved
paper street which no longer has any traffic. Moreover, the area being
requested for abandonment does not service any private property. In deed, all
of the contiguous property along Amelia Street is city owned. There currently
exists a sewer and water line beneath the area to be abandoned. Under SEQR,
this matter is considered an exemption or ministerial act which does not
require further environmental review.
The Planning Board voted to approve the request to abandon a portion of
Amelia Street on the condition that permanent easements are provided for all
underground utilities in the area to be abandoned.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 10
ABATE INVOICE TO NIAGARA FRONTIER HOCKEY $637.50
We are requesting an abatement for invoice # AR000027 dated 12/15/89
to Niagara Frontier Hockey for the remaining balance of $637.50. This invoice
was originally billed for 8.25 hours of ice time when in fact the total ice
time was four (4) hours @ $150.00/hour.
Mr. Fahey moved:
That the communication from the Director of the Memorial Auditorium,
dated October 10, 1991, be received and filed; and
That the Director of the Memorial Auditorium be, and he hereby is,
authorized to abate and waive the balance of Invoice No. AR000027, dated
December 15, 1989, to Niagara Frontier Hockey in the amount of $637.50 because
said Niagara Frontier Hockey was erroneously billed for ice time it did not
use.
PASSED.
AYES- 13 NOES- 0.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
Water Quality
in the city of Buffalo
The Council has asked the Environmental Management Commission
to comment on the quality of drinking water in the City of Buffalo. Technical
data on Buffalo's water, as compared to generally accepted standards, should be
the basis for evaluation of our City's water quality.
The Division of Water routinely tests the drinking water it processes for
a wide range of contaminants and characteristics. The Commission has requested
that the Division of Water provide it with a description of its testing program
for finished water, including: 1) a list of the regular sampling tests which it
conducts, 2) a specification of the degree of sensitivity of those tests, 3)
specification of any codes or abbreviations used in its periodically produced
"Results of Examination of Finished Water", and 4) samples of actual "Results"
documents across various seasons of the year.
With this information it will then be possible to compare Buffalo's water
to national standards, to compare contaminants for which tests are conducted to
potential contaminants in raw Lake Erie water, to compare the levels of
sensitivity reachable by the tests used to the levels of government-specified
safety thresholds, and to compare variation in results across time.
The Commission looks forward to an early reply from the Division of
Water, and asks that the Council allow it to postpone its response to this
referral until this information becomes available.
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
No. 12
Request Ordinance Amendment
Requiring Separation of
Yard Wastes from Garbage
The Environmental Management Commission strongly supports the
Common Council resolution seeking to augment the composting of yard wastes in
the City of Buffalo.
As the Commission noted in its 1990 Annual Report, the citizens of
Buffalo can take pride in the major groundbreaking steps which their officials
have already taken in dealing with the massive municipal solid waste problem.
A number of the recommendations in the 1990 Report focused on enhancing
composting. Yard waste represents a significant component of the expensive
solid waste stream. The Council resolution very wisely seeks the
implementation of a number of measures which both support composting by private
citizens and support the enhancement of municipal composting activities being
undertaken by the Departments of Street Sanitation and Public Works. The
environment and the budget will benefit from the enactment of those measures.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
FROM THE COMPTROLLER
No. 13
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Exempt Items Parking
Enterprise Fund - Parking
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $25,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Exempt Items -Parking, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, October 16, 1991
RECEIVED AND FILED.
No. 14
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 $1,022 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, OCTOBER 10, 1991
RECEIVED AND FILED.
No. 15
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 $27,100 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, OCTOBER 10, 1991
RECEIVED AND FILED.
No. 16
Results of Negotiations
200 Howell, W 52' S Chandler
Lot Size 21' x 90'
Assessed Valuation: $430
Item #14, C.C.P. 5/14/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Ronald Wilson, 196 Howell Street, Buffalo, New York to purchase the
above referenced property. Mr. Wilson intends to purchase this property and
build a garage.
An independent appraisal of the property was conducted by William
Jeffries, Able Appraisals Associates, 2560 Bailey Avenue, Buffalo, New York
14215. He has estimated the market value of the subject property to be Five
Hundred Dollars ($500). This would indicate a square foot value of Eleven
Cents (.11) per square foot. The Division of Real Estate has investigated
recent sales of similar property in the area. These sales produce values of
Twenty-Three Cents to Sixty-Five Cents (.23-.65) a square foot, indicating a
value between Four Hundred and Ninety Dollars to Twelve Hundred and Thirty
Dollars ($490-1,230).
The results of our negotiations are that Mr. Wilson has agreed and is
prepared to pay Nine Hundred Dollars ($900) for the subject property. He has
also agreed to pay for the cost of appraisal, transfer tax and cost of the
legal description.
I am, therefore, recommending that Your Honorable Body approve the sale
of 200 Howell Street to Mr. Ronald Wilson in the amount of Nine Hundred Dollars
($900).
Mr. Fahey moved:
That the above communication from the Comptroller, dated October 18,
1991, be received and filed; and
That the offer of Ronald Wilson, residing at 196 Howell Street, Buffalo,
New York, in the sum of Nine Hundred Dollars ($900.00) to purchase 200 Howell
Street, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, and transfer tax, will
be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 17
Auto Pound Claims
After the Common Council meeting of October 15, 1991, my Executive
Assistant, Larry Jasinski, informed me of the growing concern expressed by
several Councilmembers over the increasing number of claims against the City
with respect to impounded vehicles. As a Councilmember, I was always concerned
about the nature of such claims and how vulnerable these claims made the City.
Now, in my capacity as City Comptroller, I intend to seek methods to enhance
the auto pound operation and, perhaps, protect the City from unwarranted or
unjustified claims.
The Division of Data Processing has recently introduced a state of the
art process using a computerized camera and related software to record
documents, transactions and materials. I believe this process may have
practical applications for the City auto pound. For example, by placing any
impounded vehicle on computer film the moment it arrives at the pound (and
verified in writing by a supervisor), claims of theft and/or damage against the
City would be much more difficult to prove. I am of the opinion this process
could save the City precious dollars lost to unjustified claims.
If this concept is of interest, a demonstration of this process can be
arranged by the Division of Data Processing. As you well know, the demand on
limited taxpayer dollars implores all of us in public service to investigate
new methods and initiatives to make the delivery of services to City residents
more efficient and cost effective. I believe the development of the
computerized camera process is in line with that philosophy.
REFERRED TO THE COMMITTEE ON CLAlMS.
FROM THE COMMISSIONER OF ASSESSMENT
No. 18
Tax Cancellation 1991-92
Item No. 32, C.C.P. 10-01-91
This is being submitted to answer questions that were raised regarding
the above referenced Common Council communication.
Article 5, Title 3, Section 550 thru 559 of the Real Property Tax Law
provides for the correction of assessment and tax rolls, commonly referred to
as the Correction of Errors Procedure.
The list of properties sent to the Honorable Common Council and filed
under C.C.P. 32 of 10-01-91 falls under the Correction of Errors Procedure.
The following constitutes the list of properties submitted to the Common
Council and the reason for the correction:
Address Reason for Correction
37 Franklin Clerical error. Exemption was not placed on final roll.
Correction made to reflect business exemption.
75 Ojibwa (Error in essential fact.) Common area assessment was placed on
roll in error as a parcel. The S.B.L. or parcel was deleted and the value
was ascribed to the individual units of the condominium at that location.
181 Prospect Property totally exempt. Acquired by U.R.A.
51 West Property totally exempt. Acquired by U.R.A.
101 Herman Exemption reinstated. Initially removed in error on final roll.
781 William Property totally exempt. Acquired by U.R.A.
101 French Exemption reinstated. Removed in error on final roll.
528 West Ferry Erroneously classified as four-family (non-homestead) on
final roll. Corrected to three-family (homestead).
432 Hoyt Improvement assessment on final roll was in error. The building
was demolished prior to taxable status date but not reported to the department
until after taxable status date. Corrected to reflect land only.
1978 Niagara Misclassification. Classified as non-homestead on final
roll. Corrected to homestead.
184-206 Amherst Exemption not reflected on final roll. Property acquired by
E.C.I.D.A. Corrected to reflect exemption.
53 Military Duplicated parcel on final roll. Parcel deleted to correct error.
23 Peter No exemption on final roll. Correcting deed filed 08-27-91
granting life estate thereby necessitating reinstatement of aged exemption.
950 Amherst No exemption on final roll. Property wholly exempt. Correction
made to reflect exemption.
282 E. Delavan Misclassification. Classified non-homestead on final roll.
Corrected to homestead.
237 Beard Misclassification. Classified as non-homestead on final roll.
Corrected to homestead.
864 Kensington Clerical error. Assessment on final roll did not reflect
negotiated settlement of certiorari. Assessment reduced to reflect new
assessment as a result of the certiorari settlement.
86 Lyman No exemption reflected on final roll. Corrected to reflect
exemption.
1080 William No exemption on final roll. Acquired by the Federal
Government on 2-22-91. Corrected to reflect exempt status.
0 Fuhrmann Blvd. Assessed value reduced as a consequence of partial State
taking. The Department of Assessment was not notified in a timely fashion.
188 Cantwell No exemption on final roll. Correction made to reflect aged
exemption (life use) overlooked.
122 Cushing No exemption on final roll. Correction made to reflect aged
exemption (life use) overlooked.
305 Southside Misclassification. Property erroneously classified a
non-homestead on final roll. Corrected to homestead.
Of the preceding properties, only 75 Ojibwa, 181 Prospect, 51 West, 781
William and 950 Amherst were submitted to the Board of Assessment Review.
The remaining parcels will be submitted to the Board of Assessment Review
at a meeting scheduled in the month of December, 1991.
RECEIVED AND FILED.
No. 19
Reinstate Sick/Vacation Time
J. Winnert
Item No. 152, C.C.P. 10-15-91
This report is filed with Your Honorable Body to inform you of
the events that surround the injury suffered by Judith A. Winnert while in the
performance of her duties as an Assistant Collection Officer with the
Department of Assessment.
On February 15, 1990 at 2:30 P.M., Ms. Winnert, acting in her capacity as
an Assistant Collection Officer, was directed by subpoena to appear before the
Honorable Norman Joslyn at City Court located at 50 Delaware Avenue, Buffalo,
New York. Ms. Winnert was directed to produce assessment records for the years
1985 through 1988 relating to the property located at 123 Grider Street. I
have enclosed, for your information, a copy of the aforementioned subpoena.
Ms. Winnert has stated to me that upon the completion of her duties, she
left City Court at approximately 5:15 P.M. on February 15, 1990. In proceeding
down the steps of the main entrance to City Court located on Delaware Avenue,
she slipped and fell down the steps of the building and sustained neck, arm and
shoulder injuries. Thereafter she immediately returned to City Hall to call
for a cab to return to her home. Upon entering City Hall she found that the
Department of Assessment was closed, so she proceeded to the Treasury Division
which was open and where one Susan Moores offered to drive her home. Ms.
Winnert explained to Ms. Moores and other Treasury employees she had just
slipped and fell on the steps of City Court and was feeling pain and discomfort
in her neck, arm and shoulder.
The next day, on Friday, February 16, 1990, Ms. Winnert reported her
injury to my secretary, one Diane Colosimo, and worked a full day. The
following Monday was a holiday and City Hall was closed for business.
According to Ms. Winnert, that same Monday, February 19, 1990 she saw Doctor
Daniel Curtin, who instructed her to remain off of work for two weeks. Ms.
Winnert returned to work on March 6, 1990 with a doctor's note that stated that
she would be off three afternoons per week for the purpose of physical therapy.
Ms. Winnert discontinued her therapy on July 2, 1991 per doctor's
instructions. I believe the Common Council has in its possession records filed
by Ms. Winnert, enumerating her time off from work as a result of the fall.
Ms. Winnert has stated to me that the Workers' Compensation Board ruled
that her injury was work related and that the Workers' Compensation Board would
cover her medical expenses but rejected her claim for reimbursement of partial
sick and vacation days that she used for doctor and physical therapy visits.
Ms. Winnert further stated that the Workers' Compensation Board rejected her
sick and vacation time reimbursement claim because only full day losses of sick
or vacation time were reimbursable.
Ms. Winnert offered to work partial days rather than take full days off
for physical therapy because this department's other position of Assistant
Collection Officer was not filled.
Ms. Winnert maintains that the union contract enables the Common Council
to restore her sick and vacation time that was used for physical therapy and
doctor's visits because she was not compensated for it by the Workers'
Compensation Board.
In light of all the facts that surround this matter, I have no objection
to the Common Council restoring Ms. Winnert's vacation and sick time providing
that it is empowered to do so per the City's contract with Union Local 650.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 20
S. Daughtery
Cancel Grass Cutting Chgs.
1546 and 1548 Jefferson
Item No. 74, C.C.P. 10-15-91
The above item has been referred to the Department of Assessment
for a report.
Sharon A. Daughtery is the owner of two vacant lots located at 1546 and
1548 Jefferson Avenue. She states in her letter of September 19, 1991, sent to
Councilmember David A. Collins, that she never requested or authorized the
grass cutting.
According to Department of Sanitation records, grass cutting was
completed on June 12, 1991 for the previously mentioned lots.
As of this date, this department has not received any communication from
Your Honorable Body directing that a Local Assessment Roll be prepared for
collecting grass cutting charges at the previously mentioned lots. Therefore, I
recommend that you refer this matter to the Department of Street Sanitation to
determine if, in fact, City Sanitation personnel had cut the grass on these two
lots during 1991.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET
SANITATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 21
Cancellation of a Collection Agency Bond
with the City of Buffalo
It is hereby certified that the following bond is hereby cancelled
as of the above date because Merchants Adjustment Bureau of Buffalo, Inc. is no
longer in business in the City of Buffalo.
Bond Principal: Merchants Adjustment Bureau of Buffalo, Inc.
By: Western Surety Company
Amount: $5,000
Bond Number: 50316681
Said Bond described is hereby released and cancelled as to future
liability in accordance with the provisions of Section 47 of the charter as
amended.
RECEIVED AND FILED.
No. 22
DELAWARE PARK CASINO
SUPPLEMENTAL LEASE AGREEMENT
FOR PRESERVATION OF THE ROSE GARDEN
The Delaware Park Casino Committee, whose members are David P.
Comerford, Commissioner of Public Works, Councilmember At-Large Eugene Fahey,
Delaware District Councilmember Alfred T. Coppola, Deputy Mayor Samuel F.
Iraci, Hans Mobius who represents the neighborhood, and Marge Miller, Chairman
of Delaware Park Steering Committee, is recommending for your Honorable Body's
approval, the attached proposed amendment to the Delaware Park Casino lease
with Parker Bay Consultants, Inc.
Also attached, listed as Exhibit A, is the Rose Garden Preservation plan
submitted by Parker Bay which is alluded to in section 1B of the proposed
amendment. Basically, Parker Bay has a plan to enhance the Rose Garden by
soliciting private sponsorship of improved amenities there. Parker Bay wants to
take over this property under the umbrella of the existing lease.
The committee thinks that this is a very good idea and one that will
enhance the beauty of the Casino area and thereby attracting a significantly
higher number of visitors to the park.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL AND THE
COMMISSIONER OF PARKS.
No. 23
Update of Installation of New Parkside Lights
Item No. 131 C.C.P. 10/24/91
The bids for the refurbishment of the Park Type light standards
for the historical preservation districts are to be opened October 30, 1991.
The funds for the payment for the refurbishment of the Park Type street lights
should be in place by November 25, 1991 if a- interfund loan is processed for
the bond accounts #200-401-098 and #200-401-099.
The street lighting orders are being prepared by the street lighting
section. Some of the locations for the new street lights have been painted in
the field. The orders will be sent to Niagara Mohawk as soon as the new
locations are painted in the field and drawings are prepared.
Niagara Mohawk will then plan and carry out the installation of the new
street lights in an orderly manner. The earliest that new lighting would be
installed in the Parkside area will be February 1992.
RECEIVED AND FILED.
No. 24
Restaurant/Dancing Class I
652 South Ogden
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 652 South Ogden 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 I 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 Michael Desiderio, Jr. The Police Department's approval is
attached hereto
In consideration of the application of:
Michael Desiderio Jr.
Impaxx of Buffalo Inc.
652 South Ogden Street
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 25
1406-8 Hertel Avenue requests
permission to install sign within
city right of way.
Mr. Dennis Wilcox of Wilcox Brothers Signs, acting as agent for
Mr. Michael Zelcer and Mr. William Sucker, owners of the property located at
1406-8 Hertel Avenue, has requested permission to install a sign which would
encroach city right of way at said address.
The proposed sign would be installed perpendicular to the building face and
measure four (4) feet in height and project four (4) feet, six (6) inches into
city right of way.
The Department of Public Works has reviewed Mr. Wilcox's application pursuant
to Chapter 413-67 (encroachment regulations) of the City Ordinances and has no
objection to your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for said installation provided the following
conditions are met:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign 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 rising out of the construction,
maintenance, use and removal of said sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 26
Closing and Abandonment of a portion of Amelia St.
Item # 33, C.C.P. Oct. IS, 1991
In regards to the closing of Amelia Street, please be advised
that there are 3 homes that face Amelia Street. The homes are located at
numbers 84, 88 and 90 Amelia Street.
This would appear to present a problem to the suggested closing.
Lieutenant Thomas Krug of Pct. # 15 inspected the area and a copy of his
investigation is attached.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
FROM THE CORPORATION COUNSEL
No. 27
Refund of Excess Taxes
Paid by Watergate II
Apartments (Watergate)
1987-88 through 1990-91
Watergate was granted a limited tax exemption by Your Honorable
Body in Item No. 74, C.C.P., December 28, 1971.
Pursuant thereto, an agreement was executed between the City of Buffalo and
Watergate providing the taxpayer with an exemption from the payment of all
taxes (except for local improvements) to the extent they exceed $35,200.00 per
year.
The taxpayer has submitted proof to this office of payment of taxes in excess
of $35,200.00 for each of the years 1987-88 through 1990-91.
Accordingly, Watergate is seeking a refund of such excess amount.
Taxes Paid Excess over $35,200 City's Share
1987-88 $39,736.10 $ 4,536.10 $ 3,265.99
1988-89 $39,869.89 $ 4,669.89 $ 3,642.51
1989-90 $42,221.48 $ 7,021.48 $ 5,266.11
1990-91 $46,509.63 $11,309.63 $ 8,482.22
Total refund requested from City of Buffalo $20,656.83
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT.
No. 28
Settlement of Property Damage
Collection Matter - East Auto Sales, Inc.
On October 15, 1990, a vehicle owned by East Auto Sales, Inc.,
driven by Adam J. Marcucci, Jr., struck a light standard. No claim was filed
by either East Auto Sales, Inc. or Adam J. Marcucci, Jr. pertaining to this
matter.
The light standard was repaired by the Niagara Mohawk Power Corporation.
Niagara Mohawk charged the City of Buffalo for the cost of labor, trucking,
repairing and resetting the lamp standard in the amount of $612.00.
The City of Buffalo furnished to Niagara Mohawk the column and arm for the
light standard. Additionally, the City added $15.00 for a City inspection fee
and $188.00 for a 10% overhead charge. The total cost of repairs was estimated
to be $2,067.00.
Eagle Insurance Company, the insurance carrier for East Auto Sales, Inc. has
sent the City a check to settle this matter for the sum of $1,756.95 (85% of
the total amount). The Law Department recommends acceptance of this settlement
offer for the following reasons: First, the estimate could be questioned
because of the inclusion of an overhead charge. Furthermore, additional costs
would be incurred initiating a lawsuit for recovery of the full amount owed.
The cost of court filing fees, service of process and deposition transcript
fee, would exceed the amount of the overhead charge.
Therefore, it is respectfully requested that Your Honorable Body authorize the
Corporation Counsel to settle this matter for the sum of $1,756.95.
Mr. Fahey moved:
That the communication from the Corporation Counsel, dated October 22,
1991, be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to settle a
property damage claim with Eagle Insurance Company, carrier for East Auto
Sales, Inc., in the amount of $1,756.95 (One Thousand Seven Hundred Fifty-Six
and Ninety-Five Cents) for damages caused by a vehicle owned by East Auto
Sales, Inc. to a City light standard.
PASSED.
AYES- 13 NOES- 0.
No. 29
Appointment of Member of
Buffalo Board of Education
East District
Item No. 2, C.C.P., 10/15/91
You have asked whether there are any time constraints imposed
by law, within which the Council must act with respect to the confirmation of
Robert Flowers, the Mayor's appointee to the Buffalo Board of Education,
filling the vacancy created by the resignation of former East District Member
Frank Jager.
Article 52, Section 2553(10) of the Education Law of New York State,
which deals exclusively with the Board of Education of the City of Buffalo,
requires that such a vacancy shall be filled by a majority vote of the
remaining members of the Board within thirty days of the date the vacancy
occurred. In the event the Board fails to fill the vacancy within that period,
then the Mayor "shall within thirty days thereafter fill such vacancy subject
to the confirmation of such appointment by the common council of the city of
Buffalo."
Therefore, although the statute imposes time constraints upon the Board
and the Mayor to fill the vacancy, it imposes no such similar requirements upon
the Council to confirm the Mayor's appointment.
Absent time constraints in the statute, the Common Law standard of
reasonableness would apply to the duration of the Council's confirmation
process.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 30
EAF - Purchase of Land
28 Hertel Avenue
Item No. 64, C.C.P. October 15, 1991
You have requested an opinion on the appropriateness of Council
Staff preparing an environmental assessment form (EAF).
It is my opinion that the preparation of an EAF is clearly and exclusively an
administrative function of the executive branch and therefore inappropriate for
the legislative branch of government or its staff to undertake.
RECEIVED AND FILED.
No. 31
Four-way Stop Sign at Newburgh/Eastman
(Item No. 128, C.C.P., Oct. 15, 1991)
Four-way Stop Sign at Blaine/ Oakgrove
(Item No. 141, C.C.P., Oct. 15, 1991)
With respect to the referenced items it is the opinion of the
Law Department that the Commissioner of Public Works having made appropriate
investigation of the subject intersections and having reviewed the requirements
of the New York State Manual of Uniform Traffic Control Devices has properly
determined that four-way stop signs at these locations are not warranted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 32
Tripifoods Inc. - Request to place a non accessory billboard sign at the rear
of 755 Bailey Ave..
Item No. 82, C.C.P., October 15, 1991
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated October 22, 1991, be received and filed; and
That "Tripifoods Inc. - Request to place a non accessory billboard sign
at the rear of 755 Bailey Avenue" is an unlisted action as defined in 6 NYCRR
Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment form (EAF)
on this item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 33
Empire Realty Corp. Request to place an accessory, illuminated, wall sign at
100 Seneca Street (Oak St. Side).
Item No. 83, C.C.P., October 15, 1991.
Attached for your review is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated October 22, 1991, be received and filed; and
That "Empire Realty Corp. - Request to place an accessory wall sign at
100 Seneca Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment form (EAF) on this item which
has been completed by the applicant (Part 1) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 34
Friends of Cazenovia Manor
Request to use 376 Dewitt Ave. as a
halfway house for alcoholics.
Item No. 84, C.C.P., October 15, 1991.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated October 22, 1991, be received and filed; and
That "Friends of Cazenovia Manor - Request to use 376 Dewitt as a halfway
house for alcoholics" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval power over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment form (EAF) on this
item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 35
Closing and Abandoning Part of Beck St.
Right-of-Way
Item No. 42, C.C.P. July 17, 1990
Please be advised that SRK 998 Broadway Associates Limited Partnership
has provided the Department of Community Development with the required consents
under Section 390 of the Charter of the City of Buffalo. This satisfies the
condition Your Honorable Body set at your July 31, 1990 Meeting (Item No. 203).
RECEIVED AND FILED.
No. 36
Architectural-Engineering Services
ALLENDALE THEATER
Permission is requested from Your Honorable Body to advertise
for proposals and subsequently hire a qualified architectural-engineering firm
to prepare design plans - specifications and perform contract administration
for renovation of the Allendale Theater.
This project will be funded through Bond Fund No. 200-717-041.
Mr. Fahey moved to approve said item.
Mr. Coppola moved as an amendment to hold said item in abeyance; seconded by
Mr. Collins
Lost
AYES- AMOS, ARTHUR, COLLINS, COPPOLA, PITTS- 5.
NOES- BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 8.
Mr. Fahey now moved his original motion to approve said item as follows:
Seconded by Mrs. Lotempio
That the communication from the Commissioner of Community Development dated
October 24, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to advertise for proposals and hire a qualified
architectural-engineering firm to prepare design plans - specifications and
perform contract administration for the renovation of the Allendale Theater,
and that the project will be funded through Bond Fund No. 200-717-041.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, RUTECKI- 9.
NOES-- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 37
Change Order 1
Collins Playground Improvements
I am requesting that your Honorable Body approve a change order
to the above contract to extend the height of the fence between the playground
and the thruway from 6' to 10' as per a request of the neighborhood.
The amount of the change order is $1800 and will bring the total contract
amount to $100,636.97. The contractor is Gleason's Nursery, 4780 Sheridan
Drive, Williamsville, New York 14221. Funds for this work are available in
Bond Fund 200-717-055.
Mr. Fahey moved:
That the communication from the Department of Community Development dated
October 18, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to Gleason's Nursery, in the amount of
$1,800.00 for additional work relating to Collins Playground Improvements, with
said cost to be charged against the Bond Fund 200-717-055 account.
PASSED.
AYES- 13 NOES- 0.
No. 38
Increase in Contract 91604800
Pilot Field Interim Improvements
Phase II General Construction
I hereby submit to Your Honorable Body the following Change Order
#1 on contract 91604800 with LCP Construction Corporation for the general
construction of Pilot Field Improvements Phase II.
1. Cut opening, install new counter and drawers, electrical connections
complete with new ticket window frame, glass, trim caulking and blockwork on a
time and materials basis.
ADD $ 5,432
SUMMARY:
Original Contract Amount $117,744
Change Order No. 1 (This Change)ADD $ 5,432
Net Contract Amount $123,176
This change could not be foreseen at the time the contract was let.
Costs have been reviewed by the Project Architect, Hellmuth, Obata and
Kassabaum, Inc., on a time and materials, not to exceed basis. Since their
costs exceeded the previously agreed to maximum of $5,432, the cost is fair and
equitable.
Funds for this additional work are available in Capital Enterprise
Account No. 415-717-101.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to issue Change Order No. 1 to LCP
Construction Corporation, as set forth above.
Mr. Fahey moved:
That the communication from the Department of Community Development dated
October 23, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue Change Order #1 on Contract 91604800 with LCP Construction
Corporation, in the amount of $5,432.00 for additional work relating to Pilot
Field Interim Improvements Phase II General Construction, with said cost to be
charged against the Capital Enterprise Account 415-717-101.
PASSED.
AYES- 13 NOES- 0.
No. 39
Empire Realty Corp. - Illuminated wall sign at 100 Seneca Street.
Item No. 83, C.C.P., October 15, 1991.
I have reviewed the matter captioned above pursuant to your request
and wish to state my opposition to the sign referenced above.
It is my opinion that there is already too much signage on the building
as it presently exists. The proposed addition would only add to the problem.
RECEIVED AND FILED.
No. 40
Waterfront Redevelopment Project NYR-35
Major Urban Renewal Plan Amendment
C.C.P. No. 2, Oct. 22, 1963
The Waterfront Redevelopment Project NYR-35 Urban Renewal Plan
was approved October 22, 1963, C.C.P. No. 2, with a fifty-year duration.
The Buffalo Hearing and Speech Center has requested to purchase a portion of
disposition parcel 20, west of new Seventh Street.
The Disposition Plan map approved as part of the Urban Renewal Plan had parcel
20 (259,132 square feet) designated for Residential-Medium Density use based on
the acquisition of the National Fuel Gas property.
Due to the National Fuel property being placed on the National Register, the
site was not acquired; therefore, it is the intention of the Department of
Community Development to amend the Urban Renewal Plan to allow development.
The amendment involves amending the Disposition and Land Use Plan maps by
creating a new parcel 20A from the eastern portion of parcel 20. This would
therefore be designated for Community Business District use for the Buffalo
Hearing and Speech Center with the balance of the parcel remaining the same.
The City Planning Board has approved the plan change at its meeting of October
8th after the required public hearing and a report from the City Planning Board
is a prerequisite to subsequent Common Council Action.
Upon receiving the City Planning Board report, it is requested that your
Honorable Body hold the required public hearing and act on the Major Plan
Change by the adoption of an appropriate resolution.
Please be advised that in accordance with the provisions of Article 15 of the
General Municipal Law, it is now necessary for your Honorable Body to set a
date for a public hearing, and to direct the publication of a Notice of said
hearing.
In the interest of time and anticipating that your Honorable Body will
recognize the necessity of expediting this :matter, I have attached a
resolution, together with a Notice of Public Hearing for your consideration.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 41
Appointment of Deputy Commissioner of Streets
Please be advised, I have appointed Mr. Bart Sumbrum, 49 Oakhurst
Avenue, Buffalo, New York - 14220, Deputy Commissioner of Streets, City of
Buffalo Department of Street Sanitation effective October 21, 1991.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 42
Transfer of Title
Urban Homestead Program 91 Fitzgerald Street
Lot Size - 30' x 108'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 91 Fitzgerald Street lot size 30' x 108' ; and
it has been determined that this parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Dennis B. & Nancey Long 85 Fitzgerald have indicated that they will clean,
improve, and maintain the lot in the event that they obtain(s) title to the
property under the Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Dennis B. & Nancey Long on the
condition that the property is cleared and improved within six (6) months and
the property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated October 3, 1991, be received and filed; and
That the City-owned property commonly known as 91 Fitzgerald Street,
Buffalo, New York, is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is, authorized to execute a deed transferring said
property to Dennis B. & Nancy Long, on the condition the property is cleared
and improved within six (6) months and the property is maintained in a sanitary
manner for at least thirty-six (36) months.
PASSED
AYES- 13 NOES- 0.
No. 43
Transfer of Title, Urban Homestead Program
944 Smith Street
Lot Size - 30' x 105'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 944 Smith Street lot size 30' x 105' ; and it
has been determined that this parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Mary White has indicated that she will clean, improve, and maintain the lot in
the event that she obtain(s) title to the property under the Urban Homestead
Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Mary White on the condition that the
property is cleared and improved within six (6) months and the property is
maintained in a sanitary manner for at least thirty-six (36) months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated October 10, 1991, be received and filed; and
That the City-owned property commonly known as 944 Smith Street, Buffalo,
New York, is hereby designated as Homestead Property, and that the Mayor be,
and he hereby is, authorized to execute a deed transferring said property to
Nary White on the condition the property is cleared and improved within six (6)
months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED
AYES- 13 NOES- 0.
No. 44
REQUEST FOR DEMOLITION OF 172 CARLTON
ITEM NO. 88 CCP DATED OCTOBER 1, 1991
With reference to the above subject property please be advised
a pre-demolition inspection was conducted on October 10, 1991 and the following
is the demolition offices findings:
A sanborn sketch is attached and to explain briefly the property at 172-176
Carlton appears to be one parcel. The property was split on August 19, 1985
liber 9478 page 141, therefore we have two separate owners. 172 Carlton is
vacant and 176 Carlton is owner occupied. The hi-lighted area belongs to the
owner at 176 Carlton and 172 is the vacant portion of the building. The
building would be very difficult to demolish in as much as there would be an
open wall that connects to occupied parts of the building. We are going to
schedule a demolition hearing next week and have the owners of both parcels
present to determine responsibility of open wall and hopefully resolve this
problem.
Hearing has been scheduled for October 23, 1991 at 2:00 pm in Room 304.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 45
"Letter to Governor on Resolution of Hurd Matter"
Attached is a communication to the Governor from the Mayor and
Comptroller regarding resolution of the Hard matter.
This is being forwarded to You so that you continue to be kept abreast of
the most recent developments in the case.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
"Computer Consolidation Report"
Com #84, C.C.P. 7/23/91
The above referenced item has been referred to this office for
comment. It is a report from the Common Council's Committee on Computer
Consolidation. It includes a number of short and long term recommendations on
how to improve efficiency and save money for the City and Board of Education.
This department is in general agreement with the recommendations as they
are stated on Page 6 of the above mentioned report (copy attached). Among the
recommendations is a suggestion that the Board immediately consolidate some of
its existing equipment. This would save the Board of Education $100,000 per
year. Another suggestion is that further investigation be conducted on the
feasibility of more extensive consolidation and/or sharing of data processing
facilities.
The recommendation most relevant to this department is "that a committee
be established to determine and oversee efforts in relation to sharing services
of the City of Buffalo and the Board of Education." The Mayor has constantly
suggested and supported the general concept of consolidating City and Board
functions, such as data processing and purchase, for the purpose of increased
effectiveness and efficiency.
This department welcomes the establishment of a committee that would
seriously explore the possibility of consolidating Board of Education and City
data processing systems.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 47
Consolidation of Drug Abuse Services -
This is in response to Councilmember David Rutecki's submitted
resolution dated October 15, 1991. Information contained within reflects the
City's objective in obtaining direct State funding from substance abuse
programs. Highlighted in the attachments are past correspondences indicating
previous problems and hindrances associated with the conjunctive arrangement
between the City of Buffalo and the Erie County Department of Mental Health.,
I am confident that this Honorable Body realizes the critical nature of
substance abuse services and the need to provide these services by City
residents for City residents.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 48
Transfer 346 Austin Street to Real Estate Division
This is to inform you that the Department of Human Resources,
Division For Youth, no longer has need for the use of a city owned facility
located at 346 Austin Street. I respectfully request that this building be
transferred to the Department of Real Estate for disposition.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Permission to Renew Lease
Fillmore-Leroy Counseling Clinic
at 2255 Fillmore Avenue
That the present lease between the City of Buffalo and Mr. Victor
A. Heaps for lease of premises located at 2255 Fillmore Avenue (Fillmore-Leroy
Counseling Clinic) be, and the same hereby is, renewed for a period of three
(3) years, from November l, 1991 through October 31, 1994, under the same terms
and conditions as the existing lease.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 50
Reply To Audit
Item #26 C.C.P 10-1-91
I have reviewed the Audit of the Department of General Services
and have met with the auditors at an exit conference September 6, 1991.
We are currently working with the Data Processing Division to upgrade the
numerous recordkeeping procedures as outlined in the audit. Procedural
recommendations will be implemented as manpower levels will permit.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 51
Waiver of Requirement for Performance Bond for Joy/Photo/Electronics for
Purchase of Poloroid Film for the
City of Buffalo, Agencies & Authorities
Bids were opened on Wednesday, October 9, 1991, for various types
of Poloroid film. Joy Photo/Electronics, 1358 Broadway, Buffalo, New York
14212, was the lowest responsible bidder with a bid of $6,351.00.
Since this amount is over $5,000, a performance bond is required, which
this small business is- unable to obtain. I am therefore requesting permission
to waive this requirement as per Item #183, C.C.P. dated December 8, 1987. We
have regularly purchased film and camera supplies, under the $5,000
requirement, from this vendor and find them reliable.
Mr. Fahey moved:
That the communication from the Department of General Services dated
October 16, 1991, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to waive a performance bond to Joy Photo/Electronics, to purchase
Poloroid Film in the amount of $6,351.00 for various City of Buffalo Agencies
and Authorities.
PASSED.
AYES- ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- AMOS, COLLINS, PITTS- 3.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 52
Appt. Sr. 1st Class Stat. Engineer (Stadium & Auditorium)
Com. #13, CCP 10/1/91
This Commission has been requested to submit a "more detailed
explanation of the appointment of Mr. Daniel Granville to the position of
Senior First Class Stationary Engineer at Memorial Auditorium." You have asked
that this Commission provide information relative to Mr. Granville's previous
employment, union guidelines for the position and the reason for Mr. Granville
starting at the maximum salary level.
This Commission is not at liberty to provide information relative to Mr.
Granville's previous employment. However, be advised that the qualifications
for the position of Senior First Class Stationary Engineer require an
individual to possess a current First Class Stationary Engineer's license. Mr.
Granville met the qualifications and participated in an examination on May 6,
1989. At the time the Division of Stadium & Auditorium requested a certified
list of names for appointment, Mr. Granville was among the top three candidates
on the list, therefore, he was certified for appointment.
In regard to your request for "union guidelines" for this position, I recommend
you contact the Division of Labor Relations for advisement.
Finally, an explanation relative to Mr. Granville's starting salary was
outlined on the Certificate of Appointment submitted by the Division of Stadium
& Auditorium.
I trust this satisfies your inquiry.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 53
C. Mangello - Claim for wages Due
(Com. 75, C.C.P., Oct. 15, 1991)
There was a mixup in the time sheets for the person in question.
A supplemental check was to be issued at the end of the program.
I understand that somehow the books were closed and the supplemental
check was overlooked. The arrangement with ADP, the check writing company, was
ended. Also, I understand that in order to have ADP issue another check it
would cost a sum equal or more than the supplemental check.
Therefore, I recommend that a check be Paid directly to Miss Mangello
from the proper account for the Mayor's Summer Youth Program.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
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
2987 Bailey Ave. Essie Scales
274 Delaware Dennis P. Long
268 Main St. Spikes 268 Main St., Inc.
1184 Main St. New American Dev., Inc.
1678 Main St. Griff's Golden Griffin, Inc.
Mr. Fahey moved that the above item be received and filed except for the
notification regarding 2987 Bailey Ave. which is referred to the Committee on
Legislation, New York State Liquor Authority, The Ken-Bailey Block Clubs and
the Ken-Bailey Neighborhood Housing Services.
ADOPTED.
No. 55
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in various departments as listed:
Police- Barbara Frackiewicz
Community Development- Rosanne Frandina
Human Resources- Jerome Puma
RECEIVED AND FILED.
No. 56
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
City Planning Board
Home Improvement Advisory Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 57
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 October 15, 1991 in the Department of City
Clerk, Colleen R. Kifner, 149 Peter St., Buffalo 14207 to the position of
Intern III, seasonal, at the starting salary of: $5.00 per hr. Appointment to
become effective October 16, 1991 in the Department of City Clerk, Jennifer R.
Fecio, 291 Downing, Buffalo, 14220 to the position of Intern III, seasonal at
the starting salary of $5.00 per hour.
No. 58
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 October 18, 1991 in the Department
of Stadium and Auditorium Division of Memorial Auditorium Paul Rebholz 496
McKinley Pkwy., Buffalo 14220 to the position of Steam Heating Equipment
Worker, Temporary at the starting salary of $5.80/hr.
Appointment to become effective October 18, 1991 in the Department of Stadium
and Auditorium, Division of Memorial Auditorium to the position of Senior First
Class Stationary Engineer, Temporary at the starting salary of $7.05/hr.
Thomas A. Evans 142 Bloomfield Ave., Buffalo 14220
Paul H. Wiles 70 Crystal Ave., Buffalo 14220
Paul Rybak 377 Cumberland, Buffalo 14220
FROM THE DEPARTMENT OF AUDIT AND CONTROL
Appointment to become effective October 22, 1991 in the Department
of Audit and Control, Division of Real Estate Angela Filippone 41 Knox Ave.,
Buffalo 14216 to the position of Laborer I, Seasonal at the starting salary of
$5.98/hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective October 18, 1991 in the Department
of Public Works, Division of Buildings Donald P. Herbert 182 Melrose St.,
Buffalo 14210, to the position of Senior First Class Stationary Engineer,
Permanent at the starting salary of $25,017.
FROM THE DEPARTMENT OF PARKS
Appointment to become effective October 16, 1991 in the Department
of Parks, to the position of Rink Attendant, Seasonal at the starting salary of
$4.50/hr.
Tammy Parsons 80 Crystal, Buffalo, 14220
Brian Gould 15 Red Jacket, Buffalo, 14220
Michael Erdt 89 Lombard, Buffalo 14212
Timothy Hanratty 337 Bryant, Buffalo 14222
Appointment to become effective October 21, 1991 in the Department of Parks,
Peter C. Nigrelli 160 Bloomfield, Buffalo 14220, to the position of Rink
Attendant, Seasonal at the starting salary of $4.50/hr.
Appointment to become effective October 17, 1991 in the Department of Parks,
Carol L. Ralicki 34 Saint Florian St., Buffalo 14207, to the position of Fee
Collector, Seasonal at the starting salary of $4.75/hr.
Appointment to become effective October 22, 1991 in the Department of Parks, to
the position of Fee Collector, Seasonal at the starting salary of $4.75/hr.
Lisa Terkula 2283 Seneca Street Buffalo, New York 14210
John Scardino 47 Coburg Street Buffalo, New York 14216
FROM THE DEPARTMENT OF POLICE
Appointment to become effective October 15, 1991 in the Department
of Police Deborah Terkula 80 Princeton Pl., Buffalo 14210 to the position of
Crossing Guard, Permanent at the starting salary of $5.08/hr.
Appointment to become effective October 15, 1991 in the Department of Police,
to the position of Crossing Guard, Seasonal at the starting salary of $5.08/hr.
Yvette Johnson 284 Grape St., Buffalo 14202
Mary Murphy 99 Covington Rd., Buffalo 14216
Karen Ledder 367 Southside Pkwy. Buffalo 14220
Cynthia Young 30 Tremont Ave. Buffalo, NY 14213
Diane Mahoney 39 Ullman St. Buffalo, NY 14207
Cynthia Kulik 34 Ideal Street Buffalo, NY 14206
Carla Clemons 266 Moselle Buffalo, NY 14211
Connie Roberts 25 Dakota St. Buffalo, NY 14216
Appointment to become effective October 23, 1991, in the Department of Police
Cecilia Primus 158 Loepere Apt. 2, Buffalo 14212, to the position of Crossing
Guard, Seasonal at the starting salary of $5.08/hr.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective October 21, 1991, in the Department
of Human Resources, Division of Youth, Jennifer Lynne Platt 59 Admiral Rd.,
Buffalo 14216, to the position of Community Aide, Temporary, at the starting
salary of $5.25/hr.
Appointment to become effective October 17, 1991 in the Department of Human
Resources, Division of Substance Abuse Services, Jerome Puma 78 Brinton St.,
Buffalo 14214 to the position of Director of Counseling, Provisional at the
starting salary of $29,096.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment to become effective October 28, 1991 in the Department
of General Services, Division of Inventory and Stores, Dennis Vitale 143
Saranac Ave., Buffalo 14216, to the position of Laborer II, Seasonal at the
starting salary of $6.65/hr.
Appointment to become effective October 28, 1991 in the Department of General
Services, Division of Inventory and Stores, Verley Davis Jr. 35 Antwerp St.,
Buffalo 14211 to the position of Laborer II, Seasonal at the starting salary of
$6.65/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 59
Buffalo Convention Center
Investigate Sites for Convention Center
In response to your letter dated October 18, 1991, it is the opinion
of the Board of Directors of the Buffalo Convention Center Management Corp.
that it is premature to investigate possible sites for a Convention Center
since the Board of Directors of the Buffalo Convention Center have not received
a formal proposal from the Greater Buffalo Convention and Visitors Bureau for a
Convention Center study.
We understand that members of the Greater Buffalo Convention and Visitors
Bureau Board will be making a presentation to us next month regarding their
recent study relative to the merits of either expanding the existing Convention
Center or the alternative of building a new Center.
Once we have had an opportunity to study the Convention and Visitors Bureau
proposal, we will be in a better position to comment on Mr. Franczyk's
resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 60
CHERRY-HICKORY, INC.
Request Hrg. on Objection to Assessment 344 Genesee
On June 25, 1991 this office filed a protest of assessment levied
against premises 344-346 Genesee Street owned by Cherry-Hickory, Inc. The
assessment, in the amount of $19,476.00 is allegedly for costs incurred by the
City in removing debris from the site of demolition upon the contractor's
failure to do so.
We have made a number of inquiries as to when we may expect a hearing in
the matter and have now been directed by the Corporation Counsel to write to
the Common Council seeking a date for hearing on the issue.
We enclose for your reference a copy of the original Notice of Protest
filed in the matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 61
Citizens Campaign for the Environment
City Water Quality
Com. 157, C.C.P., Oct. l, 1991
Citizens Campaign for the Environment (CCE) is a non-profit, nonpartisan
environmental organization with more than 85,000 statewide members. CCE
conducts research, lobbying, canvassing and public education on environmental
issues of concern to New Yorkers.
These comments are being submitted at the request of Councilman Clifford Bell
pursuant to Resolution #157, Oct. 4, 1991, adopted by the Buffalo Common
Council regarding water quality in the city of Buffalo.
The recent taste and odor problems in Buffalo's water supply and the public
concern and confusion which resulted highlights the need for the City and the
Department of Public Works (DPW) to develop a mechanism whereby consumers are
made more aware of the operations of the water supply system and quality of
drinking water provided. Since this problem occurs seasonally it is reasonable
to expect that public reaction will be the same every year unless such a
mechanism is created.
In addition to these specific taste and odor problems there are other drinking
water issues which generate consumer interest and/or concern. These include:
the potential for toxic chemicals or other contaminants to be present in the
water including the formation of Trihalomethanes; Federal and State testing
requirements and results; the source of the drinking water; the issue of water
diversions from the Great Lakes; the type of treatment the water receives; the
affect of the zebra mussel; how water rates are determined; lead in the pipes
of system infrastructure; water conservation tips; annual operating budget of
the system; new regulations at the federal and state level; etc.
CCE proposes that the Buffalo Common Council pass legislation requiring the
DPW, in consultation with other appropriate agencies, to publish and distribute
an "Annual Water Supply Statement" to their customers. This statement should be
published on an annual basis and distributed either as a bill insert or mailed
in a separate brochure. The statement should include, but not be limited to,
clearly written and easily understood information regarding those items
mentioned above.
The "Annual Water Supply Statement" has been a requirement on Long Island for 5
years pursuant to state law passed in 1986. Since then, 4 statements have been
published and distributed. Generally speaking, the statements have improved
with each year in terms of the information they contain and the manner in which
that information is conveyed. CCE believes that the public education value of
these statements is already substantial and will continue to grow over the
years.
Although there will be costs associated with the publication and distribution
of the statement they will be minimal in comparison to the value of the
service. In fact, CCE's research on the Long Island law shows that the costs of
publishing and distributing statements never exceeded one-tenth of l percent of
any utility's annual operating budget. Most of those costs were associated with
printing and mailing since much of the compilation of material and data is
already required by State and Federal law.
As public agencies, the city and the DPW has the responsibility to educate
water consumers as a part of their overall program.
Additionally, water consumers have a right-to-know what is contained in their
water as well as other important information. Many energy utilities send out
public information statements to their customers on a routine basis. (see
attached). Traditionally, water suppliers have been most concerned with the
delivery of water, infrastructure maintenance, and water rates. CCE believes
that there is an additional responsibility to inform and educate consumers
about the water supply system so that they have an opportunity to participate
in the policies of its management and protection. This will ensure that the
public is included and it also provides the utility with the opportunity to
clear up potential public confusion or fear before it occurs.
CCE strongly supports enactment of legislation by the Buffalo Common Council
requiring the city of Buffalo and the DPW to publish and distribute an "Annual
Water Supply Statement" to their customers.
For further Information Contact: Jeffrey Skelding
Citizens Campaign
for the Environment
256 Delaware Ave.
Buffalo, NY 14202
(716) 854-9706
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 62
Erie County Federation of Sportsmen's Clubs Inc.
Speed on Buffalo Waterways"
Resolution 171 was received and read by the Erie County Federation
of Sportsmen Clubs Board of Directors and discussed for quite sometime and was
turned over to the Fish Committee.
Our feelings are that we are opposed to any changes of existing laws and feel
that there are enough laws governing that waterway now and that they should be
strictly enforced. The area inside the breakwall is used by many boaters for
many activities, especially when the lake is rough. We feel it would be unfair
to punish the majority of safe boaters because a few choose to ignore current
laws.
We also feel that this is being brought about because of the incident at
Breakers which was caused by drinking and boating and think current laws should
be more strictly enforced especially at the popular drinking spots on the
waterfront.
Please convey our thoughts to Mr. Fahey and the other council members. Thank
you.
RECEIVED AND FILED.
No. 63
Gethsemane Missionary Baptist Church
Offer to Purchase 22 Rose
The property 22 Rose Street is a vacant lot that is adjacent to
our Church. We would like to purchase the property for $100.00 or Homestead
it.
Please advise us on how we can get this property.
Your immediate attention to this matter is greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 64
E. GIDNEY
Claim - Auto Damaged by City Salt Truck
Please submit my claim to the Council. I originally submitted it to the Law
Department May 30,1991. the date of the incident or accident was March 4, 1991.
Thank you.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 65
GREATER BUFFALO DEVELOPMENT FOUNDATION
Favor Use of Terminal as Convention Center
I am writing in reference to Common Council Resolution #149 (October
15, 1991), which concerns the possible reuse of the New York Central Terminal
building as a convention center.
I am pleased that you are interested in the need for a new center. I trust
that, as the discussion continues, you will be supportive of a formal
feasibility study that will re-examine the adequacy of the existing one as well
as determine the appropriate size, configuration and location for a new
facility. In that light--and in direct response to your resolution--I believe
the Central Terminal "option" should be among the alternatives looked at in the
feasibility study.
It is my understanding that the CVB Board of Directors intends to present the
findings of its Convention Center study to the Common Council in the near
future. I will undoubtedly be in attendance when that occurs, and look forward
to speaking further with you about the issue then. If I can be of assistance
in the meantime please do not hesitate to call.
REFERRED TO THE COMMlTTEE ON ECONOMIC. DEVELOPMENT.
No. 66
KENSINGTON - BAILEY BLOCK CLUB
Oppose Harrison Radiator Site - Auto Pound
The Kensington-Bailey Block Club Council was recently made aware
of a proposed use of the Harrison Radiator plant on Clarence Avenue in our
neighborhood. We have been informed that part of the facilities are to be used
as the Auto Pound for the City.
At this time, the Block Club Council, which represents 19 block clubs and
almost 1,000 people in our neighborhood, stands in opposition to the use of the
plant in this manner. Despite the efforts of Councilmember Amos to inform the
neighborhood, most members around the Harrison Radiator plant are neither aware
of the proposed use nor were they informed of the public meeting held on
Monday, October 7th. Without good information, we can not endorse a decision
as important as this.
We ask that the Common Council oppose this plan at this time. If the
City' wishes to use the Harrison Radiator plant in this manner, more public
meetings with better publicity are needed to insure that the community's
interests and concerns are heard and considered.
RECEIVED AND FILED.
No. 67
Key Bank of New York N.A.
Resolution #201, C.C.P. September 17, 1991
"Ownership of Former Goldome Parking Lot"
You have requested that I respond to several of the questions
presented by the Council in the above referenced Resolution. Key Bank of New
York N.A.. ("Key Bank"), appreciates this opportunity to clarify for the
Council, the ownership and planned operation of the parking facility located at
571 Washington Street, Buffalo, New York.
The parking lot was purchased pursuant to a Purchase and Assumption
Agreement among Key Bank of Western New York N.A.. (now Key Bank), the Federal
Deposit Insurance Corporation and the Federal Deposit Insurance Corporation as
Receiver of Goldome, dated May 31, 1991. While title to the property is still
in the name of Goldome, our attorneys are preparing the requisite deeds for
execution by the FDIC, as Receiver of Goldome, to transfer the property to Key
Bank.
When Key Bank acquired possession, our property management department
determined that day-time operations of the parking facility were on a month to
month arrangement with Total Facilities Services, Inc., while Allright Parking
operated the facility at night and on the weekends. Those contractual
relationships were terminated, but the operation of the facility has not
changed.
Key Bank is aware of the need to assure that adequate parking is
available in the Theater District and will continue prior policies through a
new operator, Olympic Management systems, Inc. ("Olympic").
Consequently, Key Bank has entered into an agreement with the Arcade
Cinema Group ("Cinema") to continue to allow Cinema's customers free parking
during non-business hours and set aside twenty-five (25) parking spaces for use
by Cinema customers during business hours. Also, Cinema was given the right to
provide night time security as it chooses. Cinema has indicated to us that it
will continue to provide security seven (7) nights a week.
Key Bank and Olympic are keenly aware that this facility provides needed
parking for all the businesses located in the Theater District, and hasten to
assure you that we will continue to work with the business community and the
Council to see that this facility is put to its best use.
If the Council has any further questions or if clarification of any point
is needed, please do not hesitate to contact John Hammersmith, Vice President,
Property Management at (716) 831-8181.
I trust this letter is responsive to the Council's inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 68
KELLIE O'GRADY AND OTHERS
Support Appt. of R. McGurn as Director of
Substance Abuse Services
We, the Employees of the Division of Substance Abuse Services,
whose signatures are provided on the following page, are writing to voice our
support for Mr. Raymond K. McGurn, Division Director.
Despite criticism since the time of his appointment, Mr. McGurn has diligently
worked toward maintaining the professionalism of this Division, while carrying
through his duties with efficiency and expertise. His accomplishments within
the short period of time that he has been our Director indicate not only that
he has the capacity to fulfill the position, but that he is also an effective
administrator. He has worked toward resolution of deficiencies within the
program while increasing the services that are available to the clients we
serve. He established a Court Referral Program, a Late-Night Basketball
Program for at-risk youth in City Projects, ensured the opening of the new
Genesee-Moselle Counseling Clinic, provided renovations for the Riverside
Clinic, hired staff to almost full capacity, and provided badly needed office
equipment to Clinics in need of such. Mr. McGurn also possesses the ability to
coordinate staff in an effort to streamline operational and administrative
tasks.
Mr. McGurn's efforts have provided the staff of this Division a more positive
working environment, while encouraging our comments, criticism, and/or
complaints. We have found him to be very supportive during this period of
change, and it is our hope that he may continue to lead this division, and that
our support for him does not go unacknowledged.
Respectfully submitted by all the Employees of DSAS whose signatures are
affixed on the following page.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 69
PUBLIC ACCESS POLICY BOARD
Board Recommendation for
Cable Re-Franchising
Public Access is an important element in Cable Television issues
and re-franchising in the city of Buffalo. Both the Policy Board and the Access
operator have a vested interest in cable television and the franchise. Most
importantly the citizens of Buffalo have a vested interest. It is in the
representation of these interests that the following is transmitted.
At the Public Access Policy Board meeting of October 3, 1991, The Board
unanimously passed a resolution that I inform you of the following opinions:
1. The Public Access Policy Board strongly endorses and supports the concept of
Public Hearings regarding Cable Television re-franchising. Public Hearings are
a way of insuring public participation and awareness of the issues surrounding
Cable Television.
2. Formal proceedings for the re-negotiation of the cable contract are now
underway. It is important to establish both a coherent and articulated schedule
and workable mechanism for the proceedings. These proceedings should include:
A) Identification of future cable related needs and interests (customer and
community survey), performance reviews of the current operator including but
not limited to a: B) Complete franchise performance review and evaluation, C)
Technical performance review, D) Financial review, E) Customer service review,
F) Programming evaluation, and G) Detailed community needs assessment which
would include a review of what other cities have obtained under cable
television franchise and re-franchise agreements. The city must and can
maximize its return on its investment in a cable franchise operator.
Articulated proceedings that include the above mentioned areas will help to
insure this.
3. The timing of the Public Hearings is critical. It is strongly felt that the
current schedule of hearings is inadequate. Without a comprehensive plan and
schedule it is difficult to maximize the meaning or the usefulness of these
early Public Hearings. Some of the criticisms include the fact that no
questionnaire has been developed Or disseminated to customers of TCI, and
partly because of this there is a lack of public awareness on cable issues in
general and the franchising opportunities specifically, and indeed, none of the
above mentioned reviews, evaluations and assessments have been conducted.
Important information has not been gathered, and of course not made available
to the public for comment. Certainly the results and findings of these
activities will bear on Public comment, opinion, interest, and attendance at
Public Hearings.
Comprehensive procedures have been detailed in two transmittals from the Policy
Board to the City. Both of these documents required considerable research.
The first is letter from the Chair, dated and filed September 20, 1991, and the
second from Mr. Brian Springer dated and late filed by Mr. Rutecki on
September 30, 1991. In addition the Policy Board is creating a detailed plan
regarding these matters for presentation to the city. We believe that with the
volunteer resources of this Policy Board, and with the considerable resources
of the city, we can con-jointly create a comprehensive plan, mechanism, and
time table for a proper and thorough evaluation and assessment of cable
television opportunities for the city of Buffalo. With your help, we can
maximize our return and maintain our future telecommunications potential.
REFERRED TO. THE SPECIAL COMMITTEE ON CATV.
No. 70
SNYDER CORP.
Goldome Parking Lot
In response to your inquiry, this is to inform you that there
is no Lease Agreement between Snyder Property I, Inc. and Key Corp. regarding
the Goldome Parking Lot. For information concerning the status of that
property we recommend you talk with the owner of the property.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 71
VARA - SCIENCE INC.
Info on Company
In response to your letter of October 17, 1991, I respectfully
submit the following information:
l. The principals of the corporation are as follows:
Barbara J. Honeck, President
Milton F. Honeck, Jr., Vice-President
2. Type of work performed:
Concrete Rehabilitation
Masonry Reconstruction
And all related fields
3. Attached is a list of projects that were awarded ,to and completed by
Vara-Science, Incorporated for the City of Buffalo.
If you need any further information, please don't hesitate to give our office a
call.
RECEIVED AND FILED.
PETITIONS
No. 72
430 Niagara St. Assoc, owner, petition to use
430-440 Niagara Street for a store.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 73
Michael Driscoll, owner, petition to use 256 Allen for a sit-in restaurant/I
apt.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 74
Betty Grant & 0- Opp. Auto Pound at Harrison Site.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 75
Eligible Lists For Substance Abuse/License Division (CSC)
(Item # 63 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 76
Appointment of Senior First Class stationary Engineer(SA)
(Item # 13 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 77
Appointment
Audit & Control//Supervising Accountant
That Communication No 17 CCP Oct 15, 1991 be received and filed
and the Permanent contingent appointment of Albert J. Renzoni stated above at
the maximum salary $36,275.00 effective on Oct 3, 1991 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 78
Notices Of Appointments (C.Clerk)
(Item # 70 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 79
LEASE PURCHASE OF COMPUTER PERIPHERAL UPGRADE
(ITEM NO. l4, C.C.P., OCTOBER 15, 1991)
That the Comptroller be, and he hereby, is authorized to acquire
from Bull HN Information Systems & Zenith Computer Systems through a lease
purchase a communication processing board (COPS) and cabinet, miscellaneous
equipment and personal computers for various city departments to integrate COPS
for a purchase price of $120,000.00.
PASSED.
AYES- 13 NOES- 0.
No. 80
RENEWAL OF CAZENOVIA PARK GOLF COURSE
REFRESHMENT CONCESSION
(ITEM NO. 36, C.C.P., OCTOBER 15, 1991)
That the Acting Commissioner of Parks be, and he hereby, is authorized
to enter into a five (5) year renewal of the agreement for the refreshment
concession at the Cazenovia Park Golf Course with Mr. Edward Fallon for the
annual rent of $4,800.00.
PASSED
AYES- 13 NOES- 0.
No. 81
City Of Buffalo Lease Agreement/Auto Pound (A&F)
(Item # 59 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 82
Transfer Title/85 Doyle (Compt)
(Item # 28 CCP Oct l, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 83
Transfer Title/85 Doyle (ICR)
(Item # 53 CCP (Oct IS, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
RE: ALBANY STREET: ABANDON PORTION
WEST OF NIAGARA STREET
(ITEM NO. 86, C.C.P., JULY 9, 1991)
That the Comptroller be, and he hereby is, authorized to enter
into negotiations with Dennis Insalaco, agent for Niagara View Properties,
Inc., for the lease of City property commonly known as Albany Street, that
portion west of Niagara Street; and
That the results of said negotiations be reported to this Honorable Body.
ADOPTED.
No. 85
Abandon/Sell Portion of Albany (CPBD)
(Item # 10 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
PERMISSION TO ADVERTISE FOR BIDS FOR
RECONSTRUCT ION OF JEFFERSON AVENUE
(ITEM NO. 21, C.C.P., OCTOBER 15, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to engage a consultant engineer to prepare reports, plans and specifications
and to advertise for bids for Jefferson Avenue, Pavement Reconstruction, High
Street to Broadway, with said cost to be charged to Group #329 CPF
#200-401-526, and that such plans, specifications and contract documents shall
require that sub-contracts shall be awarded to MBE/WBE in the amount of
twenty-five percent of the total bid price and that the work force
participation for minorities shall be a minimum of twenty-five percent.
PASSED.
AYES- 13 NOES- 0.
No. 87
EXTERIOR STAIR RECONSTRUCTION
BUFFALO MUSEUM OF SCIENCE
BUFFALO, NEW YORK
(ITEM NO. 24, C.C.P., OCTOBER 15, 1991)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Exterior Stair Reconstruction at the Buffalo Museum of
Science to Vara Science, the lowest bidder in the amount of $54,000.00, with
said cost to be charged against the B/F 200-402-072.
PASSED.
AYES- 13 NOES- 0.
No. 88
REPORT OF BIDS - CAZENOVIA ICE
RINK CONCESSION
(ITEM NO. 35, C.C.P., OCTOBER 15, 1991)
That the Acting Commissioner of Parks be, and he hereby is, authorized
to award a contract for the Cazenovia Ice Rink Concession to Lucian J. Miller,
the highest responsible bidder in the amount of $3,044.00.
PASSED.
AYES- 13 NOES- 0.
No. 89
REPORT OF BID
PARAPET RECONSTRUCTION
SHEA' S BUFFALO THEATRE
ITEM NO. 35, C.C.P. , OCT. 1, 1991
ITEM NO. 100, C.C.P., OCT. 15, 1991
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Parapet Reconstruction at Shea's Buffalo Theatre to
Vara-Science, Inc., the lowest bidder, in the amount of $19,877.00, with said
cost to be charged against the B/F 200-402-026 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 90
Ordinance Amendment/Ch. 175/Ice Rink Fees
(Item # 161 CCP Oct. 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
M. RUTH BEVIS
WATER LEAK - 293 RILEY STREET
(ITEM NO. 80, C.C.P., OCTOBER 1, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moves:
That the above item be, and hereby is, received and filed.
ADOPTED.
No. 92
R. Bevis/Water Leak At 293 Riley (Parks)
(Item # 37 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
MARYNER REDEVELOPMENT COMPANY, INC.
REQUEST FOR REFUND OF EXCESS TAX PURSUANT TO CONTRACT
(ITEM NO. 49, C.C.P., SEPTEMBER 17, 1991)
(ITEM NO. 121, C.C.P., OCTOBER 1, 1991)
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 its to the Committee on Finance.
ADOPTED.
No. 94
TAX CANCELLATION 1991-1992
(ITEM NO. 32, C.C.P. OCTOBER 1, 1991)
(ITEM NO. 104, C.C.P., OCT. 15, 1991)
That the Commissioner of Assessment be, and he hereby is, authorized
to draw a warrant on 81-2 General City Charges, 000-00-802 Tax Adjustment Fund
in favor of the City for the taxes indicated on the list attached to the above
item in the total amount of $28,894.28.
PASSED.
AYES- 13 NOES- 0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 95
Landmark Designation/44 Breckenridge (Land Bd.)
(Item # 15 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Mr. Coppola moved to recommit the above item to the Committee on Legislation.
ADOPTED.
No. 96
TRIPI FOODS, INC., OWNER, PETITION
TO USE 755 BAILEY AVENUE FOR A BILLBOARD SIGN
(ITEM NO. 82, C.C.P., OCTOBER 15, 1991)
That the petition of Tripi Foods, Inc., owner, requesting permission
to erect a non-illuminated billboard (14' x 48') sign be, and hereby, is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 97
EMPIRE REALTY, PETITION TO USE
100 SENECA STREET FOR AN ILLUMINATED WALL SIGN
(ITEM NO. 83, C.C.P., OCTOBER 15, 1991)
That the petition of Empire Realty Corp., owner, requesting permission
to use 100 Seneca Street for an illuminated wall sign (4.5' x 28') be, and
hereby, is approved.
PASSED.
AYES- 13 NOES- 0.
No. 98
FRIENDS OF CAZENOVIA MANOR, PETITION
TO USE 374 DEWITT AVENUE FOR A HALFWAY HOUSE
(ITEM NO. 84, C.C.P., OCTOBER 15, 1991)
That the above item be returned to the Common Counsel without
recommendation.
Mr. Coppola now moves:
That the petition of the Friends of Cazenovia Manor requesting to convert
a convent at 374 Dewitt Avenue into a halfway house for recovering alcoholics
be, and hereby, is approved.
PASSED.
AYES- 13 NOES- 0.
No. 99
W. SCHMID, OWNER, PETITION TO USE
1036 BROADWAY FOR A POLE SIGN
ITEM NO. 135, C.C.P., OCT. 1, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing held by the Committee on Legislation on
October 22, 1991, the petition of W. Schmid, owner, to use 1036 Broadway for a
pole sign, be and the same hereby is approved subject to the following
conditions:
1. Sign not to exceed 4' x 6'
2. Sign cannot exceed four lines of advertising
3. Sign cannot protrude over city property.
PASSED.
AYES- 13 NOES- 0.
No. 100
Ordinance Amendment/Ch.216 Trash Collections
(Item # 199 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received and filed.
ADOPTED.
No. 101
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 68.1
HAMLIN PARK OVERLAY REVIEW DISTRICT
(ITEM NO. 225, C.C.P., MAY 28, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Fahey moved:
That the above item be and hereby is approved.
Seconded by Mr. Bakos.
Mr. Collins now moved to amend to recommit the above item to the Committee on
Legislation.
Seconded by Mr. Pitts.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, PITTS, RUTECKI- 8.
NOES- BAKOS, FAHEY, HIGGINS, LOTEMPIO, PERLA- 5.
No. 102
Ordinance Amendment/Hamlin Review District (CC)
(Item # 43 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Canisius/Neighbor Input In Hamlin Park Area
(Item # 80 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
FOURWAY STOP SIGN AT NEWBURGH AND EASTON
(ITEM NO. 128, C.C.P., OCTOBER 15, 1991)
That the Commissioner of Public Works be, and he hereby is, requested
to install a four-way stop sign at the intersection of Newburgh and Easton.
ADOPTED.
No. 105
INSTALLATION OF A FOUR-WAY STOP SIGN
AT THE INTERSECTION OF BLAINE AND OAKGROVE
(ITEM NO. 141, C.C.P., OCTOBER 15, 1991)
That the Commissioner of Public Works be, and he hereby is, requested
to install a four-way stop sign at the intersection of Blaine and Oakgrove.
ADOPTED.
No. 106
WAIVER OF PERFORMANCE BOND FOR
AUTOSAMATION CO., INC.
DIVISION OF INVENTORY AND STORES
(ITEM NO. 61, C.C.P., OCT. 15, 1991)
That pursuant to Section 96-7B of the Buffalo Code of the Commissioner
of General Services be and he hereby is authorized to waive the performance
bond for the Contract with Autosamation Co., Inc. for the purchase of plow
caster wheels in the amount of $9,696.00.
PASSED.
AYES- ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
RUTECKI- 10.
NOES- AMOS, COLLINS, PITTS- 3.
No. 107
AUCTION OF SURPLUS EQUIPMENT
DEPARTMENT OF STREETS SANITATION
(ITEM NO. 62, C.C.P., OCT. 15, 1991)
That the Commissioner of General Services be and he hereby is
authorized to dispose of surplus equipment of the Department of Streets
Sanitation, and to the highest bidders for the prices shown on the bid summary
page attached to Item No. 62, C.CP., October 15, 1991.
PASSED
AYES- 13 NOES- 0.
No. 108
New York Telephone/Reasons For Closing Office
(Item # 85 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 109
Hearing - Land Disposition Agreement
Clinton/Emslie New Housing- Phase I
(Item No. 54, C.C.P. October 1, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- Louis Malucci, Dept. Community Development
Paul Granville, Developer
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Gal/Van Developers, Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That and/or other legal entity to be formed was duly designated as
qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is
hereby approved as the Redeveloper for the Clinton-Emslie New Housing Project
Phase I in the Emslie Neighborhood Development Program Area. for seven (7)
single homes only.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 110
Hearing - Land Disposition Agreement
Clinton/Emslie New Housing- Phase II
(Item No. 55, C.C.P. October 15, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: - Louis Malucci, Dept. Community Development
Margaret Fisher, Sales rep. for Developer
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Bell.
CARRIED.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
No. 111
Hearing - Land Disposition Agreement
Clinton/Emslie New Housing- Phase III
(Item No. 56, C.C.P. October 15, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: Louis Malucci, Dept. Community Development
Mark Maranno, Developer
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Collins
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Marrano/Marc Equity Corporation and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That and/or other legal entity to be formed was duly designated as
qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is
hereby approved as the Redeveloper for the Clinton-Emslie New Housing Project
Phase III in the Community Wide ;Urban Renewal Demonstration Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 112
Hearing - Land Disposition Agreement
Emslie NDP New Housing Project
(Item No. 57, C.C.P. October 15, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:. Louis Malucci, Dept. Community Development
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Perla.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated M.J. Ogiony Builders, Inc., and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement (LDA) has been duly
submitted to this Common Council by the Buffalo Urban Renewal Agency; and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of forty-five (45)
residential dwelling units, and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of residential
dwelling units on 61, 65, 73, 75 Adams, 272, 275, 283, 285, 289, 329, 331
Jefferson, 11, 13, 17, 21, 30, 34, 39, 41 Howard and 74, 78, 80, 121, 123
Madison Street, and
WHEREAS, BURA and Redeveloper desire to amend said LDA to delete the
above property from Schedule A of said LDA and to include 152, 154, 158, 162,
169, 171, 177 Howard, 750, 754 Smith, 13, 15, 17, 14, 16 Shumway, 33, 37
Stanton, 12, 14, 18 Pink, 225, 227 Bristol, 164, 166 Guilford, 744, 746, 752,
758, 760, 764, 768, 770, 782, 786 Sycamore, and 175, 177, 179 Herman Streets,
NOW, THEREFORE BE IT RESOLVED, in consideration of the premises and the
mutual obligation of the parties hereto, each of them does hereby covenant and
agree with the other to amend Schedule A of the LDA to delete 61, 65, 73, 75
Adams, 272, 275, 283, 285, 289, 329, 331 Jefferson, 11, 13, 17, 21, 30, 34, 39,
41 Howard and 74, 78, 80, 121, 123 Madison Street and to include 152, 154, 158,
162, 169, 171, 177 Howard, 750, 754 Smith, 13, 15, 17, 14, 16 Shumway, 33, 37
Stanton, 12, 14, 18 Pink, 225, 227 Bristol, 164, 166 Guilford, 744, 746, 752,
758, 760, 764, 768, 770, 782, 786 Sycamore, and 175, 177, 179 Herman Streets,
and
RESOLVED, that all terms and provisions not included in this Amendment
shall remain unchanged and shall remain in full effect.
RESOLVED, that M.J.Ogiony Builders Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide
Urban Renewal Homestead Program.
RESOLVED, that the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 113
Hearing - Land Disposition Agreement
Hewitt-Robbins New Housing Project
(Item No. 58, C.C.P. October , 1991)
That the above it: be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the it: is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- Louis Malucci, Dept. Community Development
Dennis Penman, M. J. Peterson Co.
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Franczyk
CARRIED.
Mr. Coppola moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated M.J. Peterson Development Corp., and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement (LDA) has been duly
submitted to this Common Council by the Buffalo Urban Renewal Agency; and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of forty-five (45)
residential dwelling units, and
WHEREAS, BURA and Redeveloper have requested to amend said LDA to include
two (2) additional lots known as 53-59 Pauline Street which are situated in the
Community Wide Urban Renewal Homestead Program,
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Apex Development & Construction Co. shall be
amended as follows:
a.) Amend Section 4:
SECTION 4 TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS.
The construction or rehabilitation of the Improvements referred to in Section
301 hereof shall be commenced in any event within one (1) month after the date
of the delivery of each Deed, and, except as otherwise provided in the
Agreement, shall be completed within six (6) months after such date. In any
event construction of all said improvements shall begin on or before and shall
be completed on or before and shall be completed on or before
. The improvements referred to herein shall be defined as the construction
of Forty-seven (47) residential dwelling units on the Property described in
Schedule A attached hereto.
b.) Amend Schedule "A" as attached hereto to include the following:
53-59 Pauline Street
c.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That M.J. Peterson Development Corp. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide
Urban Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, RUTECKI- 12.
NOES- FAHEY- 1.
No. 114
Hearing - Land Disposition Agreement
Downtown Nursing Home/Waterfront Health Care Center
(item No. 50, C.C.P. October 15, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on October 29, 1991, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances:- Maria Scinta, BURA
Patricia O'Connor , Administrator Downtown Nursing Home
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Bakos
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Downtown
Nursing Home/Waterfront Health Care Center, Inc., and/or other legal entity to
be formed as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City Clerk has published a "Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That Downtown Nursing Home/Waterfront Health Care Center, Inc.,
and/or other legal entity to be formed was duly designated as qualified and
eligible Redeveloper by the Buffalo Urban Renewal, is hereby approved as the
Redeveloper for a portion of Waterfront Redevelopment Project NYR-35.
2. That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to convey the land described in the proposed "Land
Disposition Agreement" to Downtown Nursing Home/Waterfront Health Care Center,
Inc., and/or other legal entity to be formed in accordance with the terms of
said Agreement and for the consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 115
EAF/Waterfront Major Plan Change (CD)
(Item # 49 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Waterfront Major Plan Change (CPBD)
(Item # 5 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Horizons Waterfront Master Plan Draft (Mayor)
(Item # 3 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Horizon Commission//Start Of Ninety Day Comment Period
(Item # 83 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
B. Higgins/Comments On Waterfront Plan
(Item # 100 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
P. Hennigan//Comments On Waterfront Plan
(Item # 132 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
BEDC - REVISED VACANT PARCEL LIST
NEIGHBORHOOD COMMERCIAL LAND BANK
(ITEM NO. 122, C.C.P., JUNE 11, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Bell moved:
That the list of parcels attached to the above item be, and hereby are,
approved as the initial lots proposed to be sold by the City to BEDC for the
Neighborhood Commercial Land Bank; provided that all parcels on said list
located on Bailey, Clinton, Fillmore and Jefferson shall be deleted from said
list, and provided further that certain parcels shall be deleted from and added
to such list as enumerated in Item No. 93, C.C.P., June 11, 1991.
PASSED.
AYES- 13 NOES- 0.
No. 122
BEDC - REVISED VACANT PARCEL LIST
NEIGHBORHOOD COMMERCIAL LAND BANK
(ITEM NO. 93, C.C.P., JULY 23, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Bell moved:
That the above item be and hereby is received and filed.
ADOPTED.
No. 123
SALE OF VACANT CITY-OWNED PARCELS TO
ESTABLISH NEIGHBORHOOD COMMERCIAL LAND BANK
ITEM NO. 123, C.C.P., JUNE 11, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Buffalo Enterprise Development Corporation (BEDC) is authorized
to establish a Neighborhood Commercial Land Bank consisting of 209 vacant
parcels to be purchased at a cost of $335,000 from the Real Estate Division on
Broadway, Genesee, Sycamore and South Park based on a list provided by the
Comptroller's Office which is attached to Item No. 122, C.C.P., June 11, 1991.
The BEDC is further authorized to use UDAG repayments reserved for
neighborhood commercial redevelopment to purchase, operate, maintain, and
finance business expansions on parcels in the Land Bank.
The City Comptroller is further authorized to subsequently negotiate the
sale of additional city owned vacant commercial parcels that become available
on the four City Arterials listed in Item No. 122, C.C.P., June 11, 1991 to
BEDC at a price of $16,500 per acre, subject to the Comptroller's certification
that each parcel was previously made available for public sale, and
notification to and approval by this Council on each parcel to be sold to the
BEDC for the created Neighborhood Commercial Land Bank.
This Common Council hereby establishes a Neighborhood Commercial Land
Bank Financing Program, and amends the 1991-92 Community Development Block
Grant Application and authorizes BEDC to apply to the US Department of Housing
and Urban Development for $5 million in Section 108 lending authority under the
new 20 year low interest mortgage program in order to provide neighborhood
businesses with up to 90% financing to purchase parcels, and up to 50%
construction and permanent financing for neighborhood business development.
Prior to BEDC's sale of any vacant property, originally conveyed by the
City to BEDC for inclusion in the Land Bank, the President of BEDC shall submit
a description of the proposed transaction to this Common Council for approval,
after prior consultation with the affected District Councilmember, and only
upon disapproval within 45 days of Council receipt shall the BEDC withdraw the
proposal to sell the specified property.
Revenue received by BEDC from sale of Land Bank parcels shall be
reserved, less expenses to managing the Land Bank, for acquisition of
additional parcels from the City as approved by this Common Council.
The BEDC shall develop a detailed marketing plan, and recommendations for
priority redevelopment frontage based on a review of each parcel and the
surrounding neighborhood's recent redevelopment progress, and shall submit such
plan and recommendations to this Council for approval by March 30, 1992.
That the Mayor, be and he hereby is, authorized to execute deeds and all
other documents deemed necessary to effect this resolution and the Comptroller
be authorized to deliver said documents in accordance with the terms of this
resolution.
PASSED.
AYES- 13 NOES- 0.
No. 124
BEDC - REVISIONS TO THE
NEIGHBORHOOD COMMERCIAL LAND BANK
ITEM NO. 72, C.C.P., OCT. 15, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Mayor, be and he hereby is, authorized to execute the attached
Administration Agreement regarding the creation of a neighborhood commercial
land bank.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 125
BY: MR. AMOS
SEXUAL HARASSMENT IN THE WORKPLACE
WHEREAS: The highly publicized Senate Hearings on the confirmation
of Judge Clarence Thomas has brought to the forefront of American Politics the
subject of sexual harassment in the workplace, and;
WHEREAS: The media has spent a large amount of time questioning the public
and politicians on what exactly is sexual harassment; and
WHEREAS: It has become evident that a great deal of people did not know of
or do not understand the concept of sexual harassment in the workplace; and
WHEREAS: We could all benefit from a symposium concerning this subject.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body request the Erie County Equal Employment
Opportunity Program to hold a series of symposiums on this important subject.
ADOPTED.
No. 126
BY: Messrs. Arthur, Bakos
AMEND TERM OF PUBLIC ACCESS POLICY BOARD
WHEREAS: The Buffalo Public Access Policy Board was established
by the Common Council on 12/27/88 for the purpose of assisting the City in all
agreement between City of Buffalo and the Buffalo Public Access operator; and
WHEREAS: The Policy Board Rules and Regulations stipulate that no member
shall serve for are than 3 years on the board; and
WHEREAS: The Policy Board is currently comprised of fifteen members,
thirteen appointed by the Common Council and two appointed by the Mayor; and
WHEREAS: These board members have shown exemplary leadership abilities to
foster the policies of their bylaws; and
NOW, THEREFORE, BE IT RESOLVED:
That the Law Department amend the Public Access Policy Board "Membership and
Term of Office" (No. 161 C.C.P. Dec. 27, 1988) agreement to read "Each
representative will be appointed for a two year term effective January 1, 1992
and coinciding with the terms of the District Councilmembers; and
BE IT FURTHER RESOLVED:
That the following individuals be given extension appointments to the Buffalo
Public Access Policy Board, with an expiration date being December 31, 1991;
and
Jay Burney - Niagara
John Smith - Council's President
Charles McGriff - At Large
William Miles - Ellicott
Barbara Rowe - North
Anne Costello - Delaware
James North - At Large
Brian Springer - Fillmore
Mark Skierczynski - Lovejoy
Zettie Young - Masten
Pat Irwin - South
Joseph Schmidbauer - University
Tony Conrad - At Large
ADOPTED.
No. 127
BY: MR. BELL
SUPPORT USE OF 55 LESLIE ST. BY HABITAT FOR HUMANITY
WHEREAS: Habitat For Humanity is a not-for-profit organization
with an excellent reputation and a fine record for converting and creating
housing for poor and low-income families; and
WHEREAS: It is the intention of Habitat For Humanity to utilize the property
at 55 Leslie St. as housing for the homeless, which will help meet the need for
decent, affordable housing in the City of Buffalo; and
WHEREAS: The property at 55 Leslie is presently owned by the Resolution
Trust Corporation of San Antonio, Texas;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council supports Habitat For Humanity's proposal for the
residence at 55 Leslie St., which is consistent with the city's development
plans; and
BE IT FURTHER RESOLVED:
That the Clerk City forward a certified copy of this resolution to the Donation
Coordinator for the Resolution Trust Corporation.
ADOPTED.
No. 128
By: Mr. Collins
Transfer of Funds
Appropriation Allotments -
Exempt Items - Parking
Enterprise Fund - Parking
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$25,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - Parking and said sum is hereby
reappropriated as set forth below:
From:
440 Enterprise Fund - Parking
81-9 - Exempt Items
032 - Buffalo General & Gates Circle
Reserve for Repairs $25.000
To:
440 Enterprise Fund - Parking
21-0- Department of Parking
021 - Parking Administration
Purchase of Services
583 - Unclassified $25.000
PASSED.
AYES- 13 NOES- 0.
No. 129
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
$1,022 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 1,022
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $1,022
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $1,022
TO:
200 Capital Projects Fund
40-2- Division of Buildings
075 - Reconstruction of Police Department Buildings $1,022
PASSED.
AYES- 13 NOES- 0.
No. 130
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
$27,100 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 $27,100
TO:
81-8- Interfund Transfers
010- Transfer to Capital Projects Fund $27,100
FROM:
81-8- Interfund Transfers
010- Transfer to Capital Projects Fund $27,100
TO:
200 Capital Projects Fund
40-2- Division of Buildings
063- Reconstruction of Various Swimming Pools $27,100
PASSED.
AYES- 13 NOES- 0.
No. 131
BY: MR. COLLINS
RISING COST OF SUBSIDIZED HOUSING
WHEREAS: The City of Buffalo has, in conjunction with the Buffalo
Urban Renewal Agency, constructed or planned hundreds of homes in the last two
years; and
WHEREAS: These homes have been built by a variety of qualified builders;
and
WHEREAS: The costs of these homes per square foot seem to vary even though
the proforma appear to be basically the same; and
WHEREAS: This Council, to make qualified and intelligent decisions on all
future housing construction, requires as much information as possible;
NOW, THEREFORE BE IT RESOLVED:
That the Commission of Community Development and the Commissioner of
Inspections and Community Revitalization file with this Council all plans and
specifications including the type of materials used in the construction of all
new housing that was overseen by the above departments.
ADOPTED.
No. 132
BY: MR. COPPOLA
REQUEST RESPONSE FROM
DIRECTOR OF CIVIL SERVICE
REGARDING JOHN J. PEZZINO
WHEREAS: Resolution 144, October 15, 1991, Request Response from
Civil Service Regarding John J Pezzino, was adopted by the full Council; and
WHEREAS: The resolution requested that the Administrative Director of the
Civil Service Commission appear at the following Civil Service Committee
meeting to explain the reason for removing John J. Pezzino's name from the
eligible list for Police Officer.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council again requests that the Administrative Director of the
Civil Service Commission appear before the Civil Service Committee on
Wednesday, November 6, 1991, to explain the reason for removing John J.
Pezzino's name from the eligible list for Police Officer.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CIVIL SERVICE COMMISSION.
No. 133
BY: MR. COPPOLA
REQUEST VARIANCE FOR
709 LINWOOD PARKING PAD
WHEREAS: The property at 709 Linwood Avenue was purchased by its
present owner, Matilda Garner, in September, 1980; and
WHEREAS: A parking pad has existed at this address since 1946, and the
present owner was assured that it could be used for off-street parking; and
WHEREAS: From the time of purchase in 1980 until December, 1986, the owner
parked on the pad without any complications; and
WHEREAS: She has received numerous tickets since, and when she requests fair
hearings is always found not guilty by the Parking Violations hearing officers;
and
WHEREAS: Ms. Garner seeks relief from the constant ticketing because the
parking pad was installed almost fifty years ago and should be grandfathered.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests opinions from the Corporation Counsel and the
Director of Parking Violations on Ms. Matilda Garner's request for a zoning
variance for the parking pad located at 709 Linwood Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 134
BY: MR. FAHEY
DESIGNATE THE BUFFALO EXPLORER HIGH SCHOOL CLUB HOCKEY LEAGUE
AS A DEVELOPMENTAL LEAGUE
WHEREAS: The Buffalo School system does not recognize hockey as
an interscholastic sport; and
WHEREAS: Students residing in the City of Buffalo who wish to participate in a
hockey league must do so outside of school, at their own expense; and
WHEREAS: The 125 participants in the Buffalo Explorer High School Club Hockey
League are all city residents from age 13 to 18 years old who have little or no
hockey experience; and
WHEREAS: There are no Junior Varsity or Freshman programs available to the
participants; and
WHEREAS: Other municipalities including Amherst, Tonawanda, Depew, Cheektowaga
and Olean provide reduced rates to local high school hockey leagues using town
rinks; and
WHEREAS: Students living in the City of Buffalo certainly do not have the
resources that suburban students have access to; and
WHEREAS: The Explorer League has been operating for the past twenty years,
attesting to its success and ability to provide an excellent sporting
experience for the youth of our city; and
WHEREAS: Currently the Explorer League is being charged $60 per hour for ice
time at the three city ice rinks; and
WHEREAS: The Explorer League would only be charged $30 per hour if they were to
he classified as a Developmental League;
THEREFORE BE IT RESOLVED THAT: The Common Council requests that the Parks
Department Commissioner take the required steps to reclassify the Buffalo
Explorer High School Club Hockey League from non-developmental to
developmental.
BE IT FURTHER RESOLVED THAT: The Parks Department Commissioner report back to
this body at the next Common Council meeting.
ADOPTED.
No. 135
BY: MR. FAHEY
AMENDMENT OF AGREEMENT
AGREEMENT MODIFIED: "AGREEMENT BETWEEN NIAGARA FRONTIER TRANSPORTATION
AUTHORITY (NFTA), THE CITY OF BUFFALO (THE CITY) and BUFFALO PLACE INC. (BPI),
REGARDING: BUFFALO PLACE ELECTRICAL SYSTEM,
Dated January 10, 1989.
WHEREAS, the NFTA, The City and BPI have previously executed an
agreement regarding the Buffalo Place Electrical System dated January 10, 1989
pursuant to Item #163, CCP 7/19/88; and
WHEREAS, at the time said agreement was executed all three parties
expected that the Niagara Mohawk Power Company (NMPC) would issue duplicate
monthly invoices to The City and BPI and the original invoice to the NFTA, and
that NMPC would accept individual payments from all three (3) parties; and
WHEREAS, on or about June 8, 1990 NMPC informed the NFTA that it would no
longer issue duplicate bills to The City and BPI, and that the NFTA would be
responsible for making payment in full to NMPC, and should collect any amounts
owed to the NFTA from The City and FBI; and
WHEREAS, The three (3) parties now desire to modify the January 10, 1989
Agreement to conform to NMPC's revised billing protocol.
NOW THEREFORE, to accomplish the foregoing objective and in consideration of
the mutual promises set forth herein, the parties agree as follows:
FIRST: "Article V - Electrical Power Costs" shall be and hereby is
modified at paragraph "D. Responsibility to Calculate and Apportion" by
substituting Niagara Frontier Transportation Authority (NFTA) for Niagara
Mohawk Power Corporation (NMPC) in each and every instance where it appears in
said paragraph "D".
SECOND: All of the other terms and conditions of the January 10, 1989
Agreement, not specifically modified by paragraph FIRST above, shall be and
remain in full force and effect.
THIRD: That the Mayor be and hereby is authorized to execute the proposed
amendment of agreement between the City of Buffalo, Niagara Frontier
Transportation Authority, and Buffalo Place, Inc. for electrical lighting
systems on Main Street between Scott Street and GoodeIl Street.
PASSED.
AYES- 13 NOES- 0.
No. 136
BY: MR. FAHEY
HEARING ON HIGH RATE OF
MORTGAGE REJECTIONS
IN MINORITY COMMUNITY
WHEREAS: The Federal Reserve recently released figures showing
that blacks are more likely to be rejected for mortgages than whites throughout
the nation; and
WHEREAS: The Federal Reserve statistics further indicate that blacks in the
City of Buffalo are four times more likely to be turned down than whites, a
difference higher than the national average; and
WHEREAS: The data collected from local mortgage lenders also indicates that
residents of predominantly minority neighborhoods are turned down for mortgages
and home-improvement loans far more frequently than residents of white
neighborhoods; and
WHEREAS: Some have suggested that the practice of "redlining" has played a
major part in the high number of rejections for blacks; and
WHEREAS: The inordinate rate of mortgage and loan rejections undermines the
goal of homeownership for all city residents and destroys Buffalo's ability to
preserve and maintain its neighborhoods;
NOW, THEREFORE, BE IT RESOLVED:
That the Economic Development Committee of the Common Council of the City of
Buffalo conducts a Public Hearing at 7:00 pm on Tuesday, November 19, 1991 with
representatives of the Mortgage Bankers Association, the American Banking
Association, the Urban League, Housing Opportunities Made Equal, and the New
York State Human Rights Commission to explain the factors and reasons for the
inequity of loan approvals; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to advertise said Public Hearing;
BE IT FINALLY RESOLVED:
That the Federal Reserve be requested to forward a full report of the mortgage
and lending statistics.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT THE MORTGAGE BANKERS
ASSOCIATION, THE AMERICAN BANKING ASSOCIATION, THE URBAN LEAGUE, HOUSING
OPPORTUNITIES MADE EQUAL, AND THE NEW YORK STATE HUMAN RIGHTS COMMISSION.
No. 137
BY: MR. FRANCZYK
DESIGNATE 44 BRECKENRIDGE STREET PROPERTY AS A LOCAL LANDMARK
WHEREAS: The Buffalo Landmark and Preservation Board voted to recommend
local landmark status to a building extremely important to Buffalo's early
history and architecture, namely the former Breckenridge Street Church, located
at 44 Breckenridge Street; and,
WHEREAS: The structure, now owned by a plumbing company, is in fact the
oldest existing church in the City of Buffalo, the oldest brick building in the
City of Buffalo and the only surviving example of a brick Federal-style church
in the City of Buffalo; and.
WHEREAS: The church, built in 1827, is steeped in rich Buffalo history,
tracing its origins to the days of the post War of 1812 period; and,
WHEREAS: The Breckenridge church was built under the leadership of one of
the most eminent leaders of the War of 1812, General Peter Porter. Porter was
United States Secretary of War under President John Quincy Adams. Visitors to
Porter's mansion, located across the street from the Breckenridge church,
included Lafayette, De Witt Clinton, Henry Clay and Daniel Webster; and,
WHEREAS: Preservationists have expressed fears in the Council Legislation
Committee that the property may in fact be in danger of demolition if landmark
status is not conveyed; and,
WHEREAS: The City of Buffalo, the Common Council and all parties concerned,
would appear in a very bad if not a ridiculous light if all efforts were not
expended to preserve this important building, particularly in light of the fact
that so many great Buffalo buildings have been needlessly demolished over the
years; and,
WHEREAS: Notwithstanding the objections of the owners of the property at 44
Breckenridge Street, the Common Council must vote on the side of preserving
this immensely significant Buffalo landmark;
NOW THEREFORE BE IT RESOLVED:
That this Common Council, in concurring with the correct decision of the
Buffalo Landmark and Preservation Board, votes to designate Local Landmark
status on one of its most significant treasures, the old Breckenridge Church at
44 Breckenridge Street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 138
BY: MR. FRANCZYK
Use of "Gate House" law and Abatement law by City Departments
WHEREAS: This Common Council passed two local laws, the "Gate House"
law, Article XXIV of Chapter VII, and the Nuisance Abatement law, Chapter 264,
designed to deal with, among other problems, the drug scourage which is
destroying the quality of life in many neighborhoods of the City of Buffalo;
and,
WHEREAS: These laws were proposed to help combat the increasing indifference
of many property owners to the housing codes, health standards and other
violations; and,
WHEREAS: While these laws were proposed as a tool to assist in law
enforcement, it doesn't appear that any department that may utilize these laws
has done so or is prepared to do so; and,
WHEREAS: With the epidemic of drug dealing and the associated shootings and
other violent acts growing, the Police Department, as well as the Department of
Inspections and Community Revitalization should be using these laws to shutter
properties that are used to sell drugs illegally; and,
WHEREAS: The successful implementation of these laws would deprive owners of
income as part or all of the premises where nuisances occur could be closed
thus denying negligent property owners rental payments; and,
WHEREAS: The recent publicity surrounding the shooting death of young
Rashawn Christie at a house at 61 Ruhland Ave., where he dealt drugs, is a
perfect example of how the lack of responsibility of the landlord led to the
illegal activities and subsequent shooting at the house; and,
WHEREAS: Many property owners do not adequately screen tenants and then do
not often visit their properties, because apparently the owners believe that
the city will not or cannot force them to be responsible.
NOW THEREFORE BE IT RESOLVED:
That The Departments of Police and Inspections and Community
Revitalization respond to this resolution by appearing before the Common
Council and explaining what steps the departments have taken to implement these
local laws; and,
BE IT FURTHER RESOLVED:
That the departments should furnish specific information on the processes
that are employed to implement these laws, the properties that have been
targeted and the circumstances of the cases in which these laws have been
implemented, including any current cases.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION -AND THE CORPORATION
COUNSEL.
No. 139
BY: MR. HIGGINS
TIFFT STREET BRIDGE
WHEREAS, the New York State Department of Transportation ("NYSDOT")
has proposed a Project for the removal and reconstruction of the Tifft Street
Bridge over various railroads (BIN 2-26064-0, City of Buffalo, PIN 5752.78.121)
funded under the Federal-Aid Highway Program as provided for by the appropriate
sections of Title 23 of the U.S. Code;
WHEREAS, NYSDOT desires that the City of Buffalo ("the City") advance the
project, which is not or which a portion is not on the State Highway System, by
participating in a share of the cost of right-of-way acquisition for those
portions of the project not on the State Highway System;
WHEREAS, the City has expressed concerns to NYSDOT about future
environmental problems and liabilities associated with possible soil
contamination;
WHEREAS, in response to the City's concerns, NYSDOT has collected and
tested soil samples from those areas which are proposed to be acquired for the
right-of-way; the results of this testing were compiled in a report entitled,
Part IV, Environmental Studies, Hazardous Waste Assessment, Part 3 -Additional
Soil Testing Results;
WHEREAS, in a letter dated September 24, 1991 to Commissioner David
Comerford, NYSDOT stated that it was of the opinion "that no hazardous material
exists within the proposed right-of-way" and that if any contaminated material
is encountered during construction, it would be responsible for the proper
handling of the contaminated material;
THEREFORE BE IT RESOLVED, based upon the representation made by the
NYSDOT regarding the environmental conditions of the areas proposed to be
acquired for the right-of-way, the City agrees to participate in the Project;
and it is
FURTHER RESOLVED, that it be understood that this settlement in no way
diminished the City's rights under present procedure to review and comment on
specific stages of the project; and it is
FURTHER RESOLVED, that it is understood that the City shall provide 100%
of the non-federal share of the cost of construction and inspection of the
subject project of portions of the subject project that are not on the State
Highway System, estimated to be $3,684,000 before such construction can be
authorized; and it is
FURTHER RESOLVED, that the Common Council hereby authorizes the City to
pay 100% of the non-federal share of the cost of right-of-way acquisition work
for the subject project or portions of the subject project that are not on the
State Highway System; and it is
FURTHER RESOLVED, that this resolution shall commit the City to an amount
not to exceed $70,000 for the local share of the costs incurred for
right-of-way acquisition incurred by the City and/or NYSDOT; and it is
FURTHER RESOLVED, that the Mayor of the City of Buffalo be and is hereby
authorized to execute all necessary agreements on behalf of the City with
NYSDOT approving of the above-subject project and providing for the City's
participation in the cost of the local share of the subject project.
PASSED.
AYES- 13 NOES- 0.
No. 140
BY: MR. HIGGINS
City explore Supported Employment Program and identify applicable
employment situations under 55A of the NYS Civil Service Law
WHEREAS: On July 26, 1991 President George Bush signed into law
the Americans with Disabilities Act. This bill gives civil rights protection
to individuals with disabilities in private, state and local government
employment, all public services, transportation, public accommodations, and
telecommunications services; and
WHEREAS: The employment provisions of the ADA go into effect for employers
with 25 or more employees on July 26, 1992. For employers with 15-24
employees, the effective date is July 26, 1994; and
WHEREAS: The largest untapped dependable labor resource in this nation
consists of individuals with "dis-ABILITIES"; and
WHEREAS: There is an estimated 7.7 million unemployed people with
disabilities in the United States who want to work. The estimated cost for
caring for these individuals is $70 billion dollars; and
WHEREAS: Numbers show most disabled people need little or no special
accommodations. According to statistics compiled by the Eastern Paralyzed
Veterans Association, only 22 percent of employees with disabilities need
workplace modification. A second study shows TO percent of those changes cost
less than $500 per disabled employee; and
WHEREAS: The Americans with Disabilities Act clearly recognizes the ability
of all individuals to contribute to this society. Persons who are disabled seek
recognition of their abilities and talents. They are looking for an
opportunity to do work in exchange for fair pay; and
WHEREAS: There's a lack of understanding and a hesitancy on the part of
employers in hiring the individuals with disabilities, primarily because few
have had personal or professional exposure to such individuals. Contrary to
expectations, workers with disabilities generally have superior attendance,
fewer accidents, and a significantly lower turnover rate compared to their
associates without disabilities; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Mayor's Advocacy Office for People with
Handicapping Conditions, Department of Civil Service, Department of Human
Resources and all other City department heads to explore the possibility of
participating in a supported employment program (as defined by New York State)
with local Human Service Agencies, and to identify applicable employment
situations under the guidelines of 55A of the New York State Civil Service Law
and file their findings with this Honorable Body.
ADOPTED.
No. 141
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:
1. Bob Baker
Claim for refund of an unused Temporary Stand/Restaurant License from a prior
fiscal year. $ 30.00
2. Custom Sign Company
Claim for loss of garbage cans. $13.00
3. Teressa L. Doodigian
Claim for loss of garbage cans. $13.00
4. Mrs. Kenneth Eberle
Claim for loss of garbage cans. $11 00
5. Nancy A. Fabbiano
Claim for loss of garbage cans. $12.00
6. Richard M. Forcucci
Claim for loss of garbage cans. $13.00
7. Laura Helminiak
Claim for loss of garbage can. $7.50
8. Patricia Hoebel
Claim for loss of garbage can. $5.00
9 Tina K. Landsman
Claim for loss of garbage can. $6.00
10. Diana J. Puccio
Claim for loss of garbage cans. $16.00
11. Gregory Simmons
Claim for loss of garbage cans. $15.00
12. Geraldine Wayman
Claim for loss of garbage can. $6.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 142
BY: MR. HIGGINS
APPROVE SETTLEMENT
KEVIN KRAMER
WHEREAS, The above captioned claim is a settlement of a claim
for Life Insurance under the City of Buffalo's bargaining agreement with Local
#264; and
WHEREAS, Mr. Albert Kramer died on June 24, 1991, and was an active
employee at the time of his death. The Local #264 Contract states that active
employees will receive life insurance benefits in the amount of ($5,000.00).
The commercial insurance carrier, Loyalty Life Insurance Company's contract
with the City of Buffalo states that benefits will reduce by 50% for persons
age seventy (70) and older. Consequently, the City becomes self-insured for
the remaining ($2,500.00); and
WHEREAS, the Acting Corporation Counsel believes this claim to be valid
and therefore recommends payment thereof in the amount of $2,500.00;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
claim in the amount of ($2,500.00) and that said payment be charged against the
"Judgment and Claims Account" in the Department of Law:
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, hereinabove named, in the amounts
set opposite their names and of the proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 143
BY: MR. HIGGINS
APPROVE SETTLEMENT
ESTELLE NAGY
WHEREAS, The above captioned claim is a settlement for Life Insurance
coverage under the City of Buffalo's bargaining agreement with Local #264; and
WHEREAS, John Nagy was a City of Buffalo, Division of Water employee who
died on August 23, 1991. At the time of his retirement in 1987, Mr. Nagy was
sixty-two (62) years old and consequently ineligible for waiver of premium
coverage. The industry practice appears to provide waiver of premium coverage
for persons who become disabled prior to their sixtieth (60th) birthday. The
labor contract between the City of Buffalo and Local #264 does not address the
issue of age with reference to waiver of premium coverage; and
WHEREAS, the Acting Corporation Counsel believes this claim to be valid
and therefore recommends payment thereof in the amount of $5,000.00;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
claim in the amount of ($5,000.00) and that said payment be charged against the
"Judgment and Claims Account" in the Department of Law:
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, hereinabove named, in the amounts
set opposite their names and of the proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 144
BY: MRS. LOTEMPIO
CITY TO SEEK ALTERNATIVE HEALTH CARE CARRIER
WHEREAS: Blue Cross is the major health care carrier of the City
of Buffalo; and
WHEREAS: Blue Cross has announced that it will be seeking a rate increase of
almost 25% for its health care coverage; and
WHEREAS: The Comptroller of the City of Buffalo has stated that should the
increase be approved by the state insurance department, the additional cost to
the city would be over five million dollars; and
WHEREAS: The city is not in the financial position to absorb a major
increase in health care insurance at this time; and
WHEREAS: It would be in the best interest of the city and its employees to
explore new areas of health coverage that are comparable to Blue Cross but at a
lesser cost to the city; and
WHEREAS: Mutual of Omaha, for example, has put forth a health plan to the
Board of Education that they say would give the board and its employees the
same coverage as Blue Cross at a savings of almost 2.5 million dollars to the
board; and
WHEREAS: The Administration and this Council owes it to the citizens of
Buffalo and its employees to find the best possible health care coverage at the
lowest possible cost;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests the Director of Labor Relations along with
the heads of all city unions to convene, as soon as possible, to discuss the
rising costs of health insurance and investigate any and all equal coverage
packages that may be available to the City of Buffalo; and
BE IT FURTHER RESOLVED:
That the Council President's Task Force on Health Care immediately be convened
to seek out all alternative health care plans of equal coverage to the
employees of Buffalo; and
BE IT FINALLY RESOLVED:
That this Task Force report to this Council in sixty days on its findings.
REFERRED TO THE MEDICAL BENEFITS TASK FORCE.
No. 145
BY MRS. LoTEMPIO
UTILIZE VIDEO TECHNOLOGY
TO TEACH SEXUALITY EDUCATION
WHEREAS: A recent survey sponsored by the Erie County Commission
on the Status of Women showed that 87 percent of voters in the county favor
sexuality education in public schools; and
WHEREAS: It is generally agreed that sexuality education needs to be
increased in Buffalo Public Schools in order to better prepare our children to
deal with modern society; and
WHEREAS: At the same time, it is important that sexuality education meets
approved standards, both in terms of material that is presented and the
teaching methods that are used; and
WHEREAS: It is also essential that the sexuality education programs be
made accessible to the parents, so that they may be aware of the subjects being
discussed and, if they wish, further discuss those matters at home; and
WHEREAS: TCI of New York has been working with the Buffalo Board of
Education to help utilize the latest developments in cable technology to meet
the needs of the school system; and
WHEREAS: Modern video technology seems to offer the means to develop a
clear, effective and consistent sexuality education program that can be
utilized by students and parents alike.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council respectfully requests that the Buffalo Board of
Education and TCI of New York meet in order to discuss the establishment of a
sexuality education program utilizing the latest developments in video
technology; and
BE IT FURTHER RESOLVED:
That this Honorable Body directs the City Clerk to forward certified copies of
this resolution to the Superintendent of the Buffalo Board of Education and the
General Manager of TCI of New York.
ADOPTED.
No. 146
BY: MRS. LOTEMPIO
RE: ORDINANCE AMENDMENT
CHAPTER 216, SECTION 216-15, ARTICLE VII
COLLECTION REGULATIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1. That subsection (H) of Chapter 216 of Section 15 of the Code
of the City of Buffalo be amended to read as follows:
H. The Commissioner of Street Sanitation shall designate a schedule of
additional trash and rubbish collections during the course of the year,
commencing on April 1st and ending on November 30th, on a biweekly basis and
shall prepare and promulgate rules and regulations for said additional
collections, including the following:
1. No property shall have placed in front of the same for collection an
amount of trash and rubbish exceeding the four and zero-tenths (4.0) cubic
yards. Any excess over four and zero-tenths (4.0) cubic yards will not be
collected. Any owner not removing excess trash from in front of the property
shall be subject to the penalties in 137-7 herein.
2. All trash and rubbish must be bundled in four-foot lengths or, in the
alternative, must be placed in containers. Appliances, furniture and other
similar large items must be placed in a safe manner and shall not extend onto a
public street or sidewalk. No materials placed for collection shall contain
nails, glass or other hazardous materials.
3. Owners wishing to dispose of amounts in excess of four and zero-tenths
(4.0) cubic yards shall apply for and receive from the Department of Street
Sanitation a load-dumping permit upon payment of a permit fee as set forth in
Chapter 175, Fees. Said permit shall entitle the holder to transport said
items to the appropriate city location and to dispose of said items at the
location without charge.
4. Only property owners who have performed remodeling without utilizing
contractors for hire shall be allowed to place debris from remodeling for
special trash collections, and only in accordance with the regulations
established herein. No contractor performing any remodeling for hire shall be
allowed to place any debris from said remodeling for special trash collections.
Violation of this section shall be cause for action against the license of the
contractor as provided in this Code.
Section 2. This amendment shall take effect January 1, 1992.
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
NOTE: New material is underlined.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PITTS- 11
NOES- PERLA, RUTECKI- 2.
No. 147
BY: MR. CARL A. PERLA, JR.
PERMISSION TO ERECT BANNER
WHEREAS: Ms. Tanya Zabinski of Where The Wild Things Are, 226 Lexington
Avenue, wishes to hang a banner on Elmwood Avenue. This will read: "Gifts From
Hands Craft Festival Sat. Dec. 7th 11-7 Sun. Dec. 8th 11-5 Lexington and
Ashland Avenues (Indoors), and;
WHEREAS: The banner will be hung on Elmwood Avenue from pole No. 584, and
the pole on the opposite side of Elmwood which is not numbered. The banner
will be hung from Friday, November 22, 1991 to Sunday, December 8, 1991; and
WHEREAS: An insurance policy, naming the city as insured will be in effect
for the period the banner is up, in accordance with the city charter; and
NOW, THEREFORE BE IT RESOLVED THAT:
That Where The Wild Things Are 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- 13 NOES- 0.
No. 148
BY: MR. PERLA
BUFFALO SEWER AUTHORITY
OFFENSIVE ODORS RADIATING FROM
BIRD ISLAND TREATMENT PLANT
WHEREAS: The Buffalo Sewer Authority's secondary sewage treatment
plant located on Bird Island at the Foot of West Ferry Street has been the
subject of numerous complaints regarding strong offensive odors radiating from
treatment plant operations ; and
WHEREAS: The odor which has been reported by citizens as being of a noxious,
nauseating raw sewage smell has blanketed the lower west side particularly
Niagara Street and it's surrounding residential side streets and as far as
Tonawanda Street depending on prevailing wind directions; and
WHEREAS: The sewage odor which is present on a daily basis lingers in the
air for 24 hours and during the summer months combined with warm temperatures
make the quality of breathing air intolerable; and
WHEREAS: The nauseous odor has created an atmosphere which has become
injurious to businesses and restaurants in proximity to the treatment plant.
Home owners fear a decline in their property value as a result of the ever
present odor; and
WHEREAS: Health risks from potentially toxious infectious and corrosive
gases that may be airborne in the Sewer Authority emissions have become a major
concern for area residents, ; and
WHEREAS: Residents in the Niagara Street community who have a right to
clean, decent air have fallen into despair because their questions and concerns
regarding the source of this odor and information for future corrective
measures to remedy the problem have been repeatedly ignored by Buffalo Sewer
Authority officials.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests that the Buffalo Sewer Authority file an immediate
response regarding the nature of the odor emission and it's sources; and
BE IT FURTHER RESOLVED THAT:
The Buffalo Sewer Authority include in it's report to the Council evidence of
compliance with state regulatory emission standards and it's views upon health
safety and public welfare issues effected by this offensive emission; and
BE IT FINALLY RESOLVED THAT:
The Buffalo Sewer Authority file a response with the City Clerks Office by 2
P.M. Thursday November 7, 1991.
ADOPTED.
No. 149
BY: JAMES PITTS
SET HEARING
WATERFRONT REDEVELOPMENT PROJECT NYR-35
PROPOSED MAJOR PLAN CHANGE PARCEL 20
WHEREAS, the Urban Renewal Plan for the Waterfront Redevelopment
Project NYR-35 was duly approved by the Common Council on October 22, 1963,
C.C.P No. 2, and subsequently amended; and
WHEREAS, it is requested that approximately 52, 830 sq. ft. be removed
from disposition parcel 20 for Community Business District use and designated
as parcel 20A; and
WHEREAS, the balance of parcel 20 (206,302 sq. ft.) is to remain for
residential medium density; and
WHEREAS, the City Planning Board, after the required public hearing have
approved the proposed modification; and
WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the
General Municipal Law require that the proposed major modification of the Urban
Renewal Plan may be approved only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo Evening News and the City
Record, no later than the 2nd of Nov., 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Rearing" at 2:00 P.M., in the Council Chambers on
November 12, 1991.
ADOPTED.
No. 150
BY: MR. PITTS
CRAWDADDY'S - RESCIND ITEM NO. 171,
C.C.P., JUNE 19, 1990
WHEREAS, this Common Council, by mutual agreement, granted permission
to CRAWDADDY'S RESTAURANT to construct a pavilion without a sound booth,
authorized an inaudible paging system be utilized outside such pavilion and
limited background music to be played at a level to be determined in
cooperation with the affected community and the management of Crawdaddy's to be
turned off by 11:30 pm. (Item No. 171, C.C.P., 6/19/90), and
WHEREAS, Crawdaddy's has constructed, within the pavilion, a patio bar
which this Common Council did not grant permission to construct as a term or
provision of such agreement or otherwise thereafter; and
WHEREAS, the Board of Managers of Gull Landing Condominium has submitted
a formal written complaint to this Common Council alleging that Crawdaddy's has
engaged in a course of conduct from the outset in violation of the terms and
conditions of the agreement, including but not limited to the music issue; and
WHEREAS, despite a series of meetings between Crawdaddy's management and
attorney, Gull Landing residents, elected and police officials of the City of
Buffalo and State Liquor Authority representatives concerning the problems
attendant to the patio bar and music, and pledges of cooperation from
Crawdaddy's to resolve the problems, such pledges have not been honored; and
WHEREAS, Crawdaddy's and Gull Landing are projects within the Buffalo
Coastal Special Review District (Chapter 511, Section 67) and this Common
Council has previously found that the stability, economic viability and future
prosperity of the Buffalo coastal area is being threatened by inconsistent
development and by uses not related to the coastal area; and
WHEREAS, this Common Council has also previously further found that
inadequately controlled development may jeopardize a balance of residential,
commercial, port-related industrial and public access uses and thus adversely
affect the welfare and economic well-being of the City and its residents; and
WHEREAS, this Common Council now finds that such an inadequately
controlled development is presented by the construction and use of the
Crawdaddy's pavilion and patio bar due to overly loud music being played at
unreasonably late hours and because its coastal location generates additional
watercraft traffic in the Erie Basin Marina area further exacerbating and
compounding the problems especially because of the proliferation of muscle
boats with their unduly loud and undesirably muffled engine noise.
NOW, THEREFORE, BE IT RESOLVED THAT:
The mutual agreement approved by the Common Council pursuant to Item No.
171, C.C.P., June 19, 1990 be and hereby is rescinded and that Crawdaddy's
Restaurant, its successors and assigns, be and hereby are directed to cease and
desist the use of the pavilion and patio bar and henceforth are to refrain from
the playing of any and all music whether by live bands or musicians, or by
mechanical or electronic reproduction or amplification thereof, anywhere on the
premises outside of the restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
CORPORATION COUNSEL.
No. 151
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
21-0 DEPARTMENT OF FIRE
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter I of the Ordinances of the City of
Buffalo, relating to 21-0 Department of Fire, under the subheading "023 - Fire
Alarm Telegraph System" which reads:
2 Communication Electrician $22,610 - 25,969
is hereby amended to read:
2 Communication Technician $22,610 - 25,969
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, PAUL S. SHANKS, Commissioner of Fire and THOMAS F. KEENAN, Director
of the Budget, hereby certify that the change in title from Communication
Electrician to Communication Technician is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
The Municipal Civil Service Commission has approved and certified the
position title set forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position.
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 152
BY: MESSRS. RUTECKI, ARTHUR AND PITTS
AUTHORIZE CATV COMMITTEE TO RENEGOTIATE CABLE FRANCHISE AGREEMENT
WHEREAS: The contract that authorized T.C.I. of New York to operate
the cable system in the City of Buffalo expires on February 12, 1994; and
WHEREAS: TCI of New York has, through formal written notification, informed
the City of Buffalo of its intention to begin negotiations on the refranchising
of its contract with the City of Buffalo; and
WHEREAS: This notification is the first step in the long process that is
mandated by both federal and state law; and
WHEREAS: The past performance and the character of the operator must be
reviewed along with the operator's plans for the future improvement of the
cable system in the City of Buffalo; and
WHEREAS: Full public participation, through neighborhood hearings and the
surveying of the affected public, must take place in order to follow the
mandates of federal and state laws; and
WHEREAS: This Council must have a conduit to allow that all of the federal
and state laws, along with the concerns of the citizens of Buffalo, are
addressed in a legal and orderly fashion.
NOW, THEREFORE, BE IT RESOLVED:
That this Council authorizes the Special Committee on CATV to perform any and
all tasks necessary to negotiate a contract for the operation of the cable
television system in the City of Buffalo; and
BE IT FURTHER RESOLVED:
That the Special Committee on CATV also be authorized to formulate a request
for proposals to be submitted to the Common Council for approval, and then be
allowed to negotiate a contract with the preferred operator for submission to
this Honorable Body.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 153
BY: MR. RUTECKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Frances and Judson Price
By Councilmember Bell
Felicitation for Louise E. Hoerner
By Councilmember Arthur
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 154
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:
May A. Bello
Sue L. Brown
TOTAL: 2
ADOPTED.
UNFINISHED BUSINESS
No. 155
BOND RES. - $250,000 - WATER SYSTEM FACILITIES
(ITEM NO. 138, C.C.P., October 17, 1991)
Mr. Fahey moved that Item No. 138, C.C.P., October 17, 1991, be
taken from the table. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Amos.
PASSED.
AYES- 13 NOES- 0.
No. 156
BOND RES. - $1,200,000 - DEMO. CITY-OWNED BUILDINGS
(ITEM NO. 139, C.C.P., October 17, 1991)
Mr. Fahey moved that Item No. 139, C.C.P., October 17, 1991, be
taken from the table. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Amos.
PASSED.
AYES- 13 NOES- 0.
No. 157
BOND RES - $1,500,000 - WATER DISTRIBUTION FACILITY
ITEM NO. 140, C.C.P., October 17, 1991)
Mr. Fahey moved that Item No. 140, C.C.P., October 17, 1991, be
taken from the table. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Amos.
PASSED.
AYES- 13 NOES- 0.
No. 158
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Wednesday, NOV 6, 1991 9:30 AM
FINANCE Wednesday, NOV 6, 1991
Immediately Following Civil Service
LEGISLATION Wednesday, NOV 6, 1991 2:00 PM
ECON. DEV. Wednesday, Nov 6, 1991, 1:00 PM
ANCILLARY COMMITTEES
POLICE REORGANIZATION Wednesday, Oct 30, 1991 8:00 AM
Rm 1417
No. 159
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Bell the council adjourned
at 4:45 P.M.
Charles L Michaux III
City Clerk
Meeting reported by Leonard G Sciolino, Council and Committee Reporter.