HomeMy WebLinkAbout91-1112
1No. 21
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 12, 1991
Pension Meeting, November 22, 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
Dale Zuchlewski - 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, 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, November 12, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts- 11.
ABSENT - Franczyk (Absent), Rutecki (Resigned)- 2.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held October 29, 1991, were approved
No. 1
APPOINTMENT OF COUNCILMEMBER- NORTH DISTRICT
Mr. Fahey placed in nomination the name of Dale Zuchlewski residing
at 311 Roesch Avenue, Buffalo, New York 14207 for appointment as Councilmember,
North District, to succeed the Honorable David P. Rutecki, who has resigned,
effective immediately, to fill such vacancy until midnight December 31, 1991.
Seconded by Mr. Collins.
The roll call on the election of Councilmember-North District was recorded as
follows:
Amos Dale Zuchlewski
Arthur Dale Zuchlewski
Bakos Dale Zuchlewski
Bell Dale Zuchlewski
Collins Dale Zuchlewski
Coppola Dale Zuchlewski
Fahey Dale Zuchlewski
Higgins Dale Zuchlewski
LoTempio Dale Zuchlewski
PerIa Dale Zuchlewski
Pitts Dale Zuchlewski
Dale Zuchlewski having received all the votes cast was duly elected
Councilmember of the North District.
ADOPTED.
FROM THE MAYOR
No. 2
As you know, the Comptroller has just announced year-end results
for fiscal year 1990-91. The report brings to light the severe fiscal
consequences of the 5% salary increase imposed by Your Honorably Body for blue
and white collar City workers, and highlights the need for action by the Common
Council, either to provide the fiscal authority to pay these raises, or to
relieve the City of the severe implications of your resolution. Faced with
this, it should be clear that your litigation seeking to require implementation
of the raises by the Executive Branch is both misdirected and premature. The
increase cannot be implemented
without the fiscal authorization necessary to fund the increase. Any such
authorization would require Council action identifying and appropriating funds
from a viable source, as well as appropriate action by the Comptroller and the
Executive Branch.
The direct cost of a 5 % retroactive 1990-91 raise for the blue and white
collar bargaining units would be approximately $2 million. The raise for those
units will almost certainly become a floor for raises to be awarded to other
units and employees whose collective bargaining processes have not yet been
concluded. This would add approximately another $4.3 million, brining the total
cost of the increase to $6.3 million for fiscal year 1990-91. Since the 5%
raises would become part of the base salary for 1991-92, they would cost anther
$6.3 million this year.
The Comptroller reported a deficit for 1990-91, after accounting for the
$6.3 million cost of the 5% increase. The Comptroller also reported an $11.7
million imbalance in this year's budget. This imbalance is largely the result
of the combined effect of the costs of the 5% increase on the City's accounts
last year and this year.
Sections 43 and 44 of the City Charter prohibit City officers and
agencies from incurring any liability in excess of appropriations. Therefore,
unless your decision to grant a 5% increase is rescinded, it will be necessary
to find and appropriate funds to meet these unbudgeted costs. To date, the
Council has done nothing to provide such funding authorization.
The possible funding sources are limited and inadequate. As the
Comptroller has reported, there are neither unanticipated revenues nor an
uncommitted fund balance available for appropriation. To attempt to cover the
costs of the 5% increase through fund transfers alone would require layoffs of
hundreds of City employees and would severely disrupt and curtail essential
City services. Under Section 29.00 of the Local Finance Law, the Council could
by majority vote authorize the issuance of budget notes. However, budget notes
are a form of deficit financing and would have to be repaid in the following
year. A decision to fund a 5% salary increase by issuance of budget notes
would therefore be a decision to incur a deficit for a second year in a row,
and could require raising taxes by millions of dollars next year. This would
jeopardize the City's credit rating, increase interest costs, and severely
damage the City' s hard-won reputation for fiscal integrity.
These are unacceptable costs -- unacceptable to the City, our employees,
and our residents. I am willing to make every effort to work with you to
provide City employees as much as the City can afford without facing a fiscal
emergency. We must recognize, however, that the raises as they stand create
fundamental problems which it is our responsibility to confront, rather than
merely pressing on with litigation. The Comptroller has called for us to sit
down immediately to solve these problems. In order to move as quickly as
possible toward a resolution of this crisis, I invite you and your counsel in
the litigation to meet with the Comptroller, the Commissioner of Administration
& Finance, the Budget Director, our litigation counsel, and me at 9:00 am.
Thursday, November 7, in Room 209 of City Hall.
I look forward to working with you in developing a responsible plan to
overcome the most serious fiscal difficulties the City has faced in many years.
RECEIVED AND FILED.
No. 3
Cable TV Franchise Renewal
Before renewal of the cable franchise to TCI, I would like to
share some important thoughts with you that should be part of any new franchise
agreement.
Buffalo Senior Citizens are very concerned about the high cost of cable
TV. TCI offers basic service and a higher package that contain many channels
that seniors have no interest in, such as music channels, etc. Premium movie
channels are available by channel at another extra cost. No choices are
available to seniors to get just the channels they wish to see at a lower cost
to them. TCI claims that a "box" or convertor unit would have to be added to
the TV set, as was past practice. TCI now connects the TV set from an outside
connection, allowing them to save the cost of a "box" in the home. This allows
TCI to give basic and expanded cable to the home at a cost benefit to TCI.
State of the art technology now exists to allow TCI to give an individual
subscriber whatever channels they might want by using an addressable "box", but
TCI has not made this available.
In checking for other possibilities of reducing costs to seniors and
other citizens of Buffalo on a fixed income, I have been advised that the City
of Boston gave some thought to this when they awarded the present cable
franchise there, which has comparable rates to Buffalo, except for one income
level. They require the franchisee to offer a 50% discount to Medicare
recipients. The city official there stated the only mistake they made was not
requiring the franchisee to also offer a 50% discount to Medicaid recipients
and that would be the first priority in renewing the Boston cable franchise.
My recommendation in any new franchise agreement would be to insist that
TCI offer the 50% discounts for Medicare and Medicaid recipients. To make more
choices available to all households who do not want to pay for extra channels
they do not want.
The City of Buffalo subscribers should also be offered the full choice of
receiving pay-per-view fights that have not been available to the subscribers
in Buffalo.
Any new franchise agreement should have language that would allow
entrance of another cable TV firm into the Buffalo market. This would insure
that TCI becomes competitive in their pricing and offerings. This is not an
unusual request for the City of Buffalo as recent court decisions have moved
toward allowing telephone companies, such as NY TelCo, to offer many services
on their own cable to provide data transmission and cable television over their
own systems. TCI will certainly want to block this, but the new franchise
agreement should be structured to allow competition, which in turn will mean
better pricing and services to the subscribers.
Leaving TCI in a monopoly position without competition for another ten
years would be against the public interest and could lead to more increases to
the public during the ten year agreement that the City of Buffalo would be
powerless to stop.
Lastly, the renewal agreement should contain language that prevents TCI
or any other cable TV offerer from providing data transport or releasing of the
cable rights of way to any other firm for data or communications transport.
This type of language presently exists in other municipal franchises. This will
protect the City of Buffalo as the need for such data transport continues to
develop and in turn will be an important source of revenue for the City of
Buffalo.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 4
430 Niagara Street Association
Request to erect addition and use 430-440 Niagara Street.
Item No. 72, C.C.P., October 29, 1991.
The City Planning Board at its regular meeting held Wednesday,
November 6, 1991, considered the above matter pursuant to section 511-68 of the
Buffalo Code, the Niagara Coastal Special Review District.
The applicant seeks to remodel and use the property referenced above for
a rental service operation and a community based organization (Niagara Family
Health Center). An existing pharmacy will remain on the site. The rental
service operation will require the construction of a new loading dock at the
rear of the property along Seventh Street. Lastly, the following accessory
signage is being requested and will be added to the existing signage:
Existing Signage - 36 square foot wall sign
12 square foot wall mounted logo
48 square foot pole sign
Total Existing Signs 96 square feet
New Signage - 48 square feet added to existing pole sign
80 square foot wall sign
24 square foot wall sign
Total Proposed Signs 152 square feet
Total square footage all Signs 248
The site is located in a C2 "community Business" zone which permits such
uses and allows 1 square foot for each linear foot of street frontage. In this
instance, the total frontage of the property (both Seventh and Niagara Streets)
is 528 feet. Lastly, under S.E.Q.R., the matter is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the new uses, the loading dock
addition, and the accessory signage as requested.
RECEIVED AND FILED.
No. 5
M. Driscoll - Request to build an addition to 256 Allen Street.
Item No. 73, C.C.P., October 29, 1991.
The City Planning Board at its regular meeting held Wednesday,
November 6, 1991, considered the above matter pursuant to section 511-57 of the
Buffalo Code, the Allen Street Special Zoning District.
The applicant seeks to place a 15 foot by 59 foot addition to the side of
an existing restaurant. The proposed addition, which is approximately 885
square feet in floor area, will be built entirely on private property.
The site is located in the AD zone which considers restaurant expansions
to be restricted uses which require the approval of Your Honorable Body. Under
the ordinance, six off-street parking places would be suggested. It should be
noted that off-street parking spaces exist within 1000 feet of the site which
could accommodate this expansion. Lastly, under S.E.Q.R., the proposed
expansion is considered a Type I action in that it occurs in a National
Register Historic District. In this regard, the Buffalo Preservation Board has
approved the addition on October 31, 1991.
Given this, the Planning Board voted to approve the requested expansion.
RECEIVED AND FILED.
No. 6
M. Zelcer - Request to install an encroaching projecting sign at 1406-1408
Hertel Avenue.
Item No. 25, C.C.P., October 29, 1991.
The City Planning Board at its regular meeting held Wednesday,
November 6, 1991, considered the above matter pursuant to section 413-67 of the
Buffalo Code, Review of Right-of-Way Encroachments.
The applicant seeks to erect a projecting accessory sign with an area of
18 square feet (4 feet by 4 1/12 feet) where 4 1/2 feet will encroach over the
right-of-way (sidewalk).
The site is located on the northwest corner of Hertel and North Park
Avenues and lies within a C2 zone. The C2 zone permits such accessory signs.
No public appurtenances are affected by the proposed sign nor is corner
visibility impaired by it. The Department of Public Works has reviewed the
proposed sign and has recommended its approval to Your Honorable Body. Lastly,
under S.E.Q.R., the proposed sign encroachment is considered a Type II action
which does not require further environmental review.
The Planning Board voted to approve the proposed encroaching sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 7
Bid of 155 Washington Street
The current three (3) year lease with Multiple Parking Services
($36,919 annual rental) expires December l, 1991. The Board of Parking
advertised for a new three year lease on September 18, 1991, and publicly read
aloud the bids at 11:00 am., October 11, 1991, in Room 1801 City Hall. The
results are as follows
Bidder Annual Rental
Multiple Parking Services Inc.
107 Delaware Avenue, Suite 335
Buffalo, NY 14202 $49,339.20
Sentry Parking, Inc.
50 Exchange Street
Buffalo, NY 14203 $36,240.00
The Board of Parking at its regular monthly meeting of October 22, 1991
voted to recommend to your Honorable Body that a new three year lease be
authorized for the Multiple Parking Services, Inc., as the highest responsible
bidder, in the amount of $49,339.20
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 8
Walden Park Project
The Environmental Management Commission wants to base its response to the
Common Council's referral of the proposed Walden Park project on all available
information, particularly as regards demolition material dumping and parkland
involvement.
The Commission understands that technical information on this project is
still becoming available as a result of incoming consultants' studies. It
respectfully requests that the Common Council ask the City Clerk to forward to
the Commission all available information having to bear on environmental
aspects of the project. The Commission recognizes that this is a worthy
project, recognizes that events are proceeding rapidly, and recognizes that it
has an obligation to effectively carry out its responsibility to advise elected
officials on environmental aspects of the undertaking.
REFERRED TO COUNCIL STAFF.
FROM THE COMPTROLLER
No. 9
902-904 Tonawanda Street
Request Lease Renewal
Item #26
C.C.P. October 16, 1990
The Office of the Comptroller, Division of Real Estate, has received
a request from Daniel Machelski, Executive Director of Northwest Buffalo
Community Center, Inc., to renew their lease for the above captioned property.
The Northwest Buffalo Community Center, Inc., a nonprofit organization,
currently operates the Munchkinland Day Care Center at the subject location.
The lease agreement is to run for one year commencing October 1, 1991 and
expire September 30, 1992 and is subject to a 30 day notice of cancellation by
the City of Buffalo. The annual rental will be $1.00 per year, payable in
advance. Insurance is to be provided saving the City of Buffalo harmless from
any liability set forth per Item # 197, C.C.P. March 31, 1987.
The Office of the Comptroller recommends that Your Honorable Body renew
the lease under the same terms and conditions as set forth in your prior
approval of October 16, 1990, Item # 26.
MR. FAHEY moved:
That the communication from the Comptroller dated October 23, 1991 be
received and filed; and
That the lease agreement between the City of Buffalo and Northwest
Buffalo Community Center, Inc. for the operation of Munchkindland Day Care
Center be and the same hereby is renewed under the same terms and conditions as
set forth in Your Honorable Body's approval of October 16, 1990, Item No. 26
and that said lease will run for one year commencing October l, 1991 and expire
September 30, 1992.
PASSED.
AYES- 12 NOES- 0.
No. 10
Report of External Audit
City of Buffalo-Enterprise Fund
Pilot Field
I hereby submit the report of external audit by an independent
public accountant of the City of Buffalo Enterprise Fund-Pilot Field for the
fiscal year beginning April l, 1990 and ending March 31, 1991.
Pursuant to amendments to Section 35 of the General Municipal Law, which
took effect January l, 1989, Your Honorable Body may, in its discretion,
provide to the State Comptroller and file with the City Clerk, a written
response to the findings and recommendations in this report not later than
ninety days after its receipt, or February 12, 1992.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Permission to Negotiate
1004 Smith Street
W 240' S Paderewski
Vacant Lot: 30' x 105'
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate has received
a request from Ms. Betty Miller, 1006 Smith Street, to purchase the above
captioned property. Ms. Smith is the former owner of the property which was
obtained by the City through an In-Rem Action in 1988. Ms. Smith was unable to
pay her taxes in 1988 due to illness and unemployment.
The property located at 1004 Smith Street is improved with a driveway
that services Ms. Miller home at 1006 Smith Street. The lot is inappropriate
for new housing construction.
Therefore, based on the above information I am requesting that we be
permitted to negotiate a private sale with Ms. Betty J. Miller for the purchase
of 1004 Smith Street.
MR. FAHEY moved:
That the communication from the Comptroller dated October 25, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Betty Miller residing at 1006 Smith Street for the private sale of 1004
Smith Street and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 12
Permission to Negotiate
86 South, N 75' E Vincennes
Vacant Land: 27' x 116'
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. & Mrs. George Fletcher of 84 South Street, Buffalo, New York
to purchase the above captioned property.
Mr. & Mrs. Fletcher have been taking care of this lot, which is adjacent
to their residence. They would like to purchase said property for extra yard
space and possibly erect a garage for their own personal vehicles.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated October 29, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. & Mrs. George Fletcher residing at 84 South Street for the private sale of
86 South Street and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 13
Permission to Negotiate
235 Lord, E 25' N Pink
Vacant Land: 25' x 100'
Assessed Valuation: $700
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Jesse J. Carmichael of 51 Northumberland Avenue, Buffalo,
New York to purchase the above captioned property.
Mr. Carmichael is in the process of purchasing a new home at 237 Lord
Street. The subject property is adjacent to his new home. Mr. Carmichael
would like to, therefore, purchase this property for extra yard space.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated November 1, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Jesse J. Carmichael residing at 51 Northumberland Avenue, Buffalo, New York,
for the private sale of 235 Lord Street and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 14
Result of Negotiation 50 Ada, W 114' S Lyth
Vacant Lot: 20.50' x 60'
w/a/p 5' x 13', 114'
S of Lyth
Assessed Valuation: $200.
Item # 13, C.C.P. 9/3/91
Your Honorable Body authorized the Office of the Comptroller,
Division of Real Estate, to negotiate a private sale wit], Mr. Fred Hale of 79
Oberlin Street, Buffalo, New York to purchase the above captioned property.
Mr. Hale would like to purchase this property for additional yard space, which
is located between properties that he owns at 48 and 52 Ada Place.
An independent appraisal of the property was conducted by Gregory M.
Navagh, Cash Realty, 22 Lafayette Boulevard, Williamsville, New York 14221. He
has estimated that the fair market value of the subject property is $400. The
Division of Real Estate has investigated the recent sales of similar properties
in the subject area and concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. Fred Hale has agreed and is
prepared to pay $400 for the subject property. He has also agreed to pay for
the cost of the appraisal, transfer tax, and legal description.
I am, therefore, recommending that Your Honorable Body approve the sale
of 50 Ada to Mr. Fred Hale of 79 Oberlin Avenue, Buffalo, New York 14211 in the
amount of $400.
MR. FAHEY moved:
That the above communication from the Comptroller, dated November 4,
1991, be received and filed; and
That the offer of Fred Hale, residing at 79 Oberlin Street, Buffalo, New
York 14211, in the sum of Four Hundred Dollars ($400.00) to purchase: SO Ada
PI., Buffalo, New York 14208 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- 12 NOES- 0.
No. 15
Results of Negotiations
Purchase of 1168 Broadway
Polish Singing Circle Bldg.
Item #52, C.C.P. 1/22/91
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate the purchase
of the above captioned property.
The purpose of the purchase is two fold; first the City will purchase and
renovate the property and lease the property to the Neighborhood Information
Center, (NIC). The NIC is a nonprofit organization servicing the needs of the
greater east-side community.
Secondly, the NIC will sublease the second floor of the building to the
Polish Singing Circle, (PSC). The PSC, a Cultural Organization of the Polish
Community, is the present owner 'of the property. The sale and lease back of
the property will allow the PSC to maintain their presence in the Polish
Community in the City of Buffalo.
The Bond Funds for the purchase and the renovations for this project were
approved by Your Honorable Body, Item #179, C.C.P. 6/11/91 in the amount of
$145,000.
Two independent appraisals of the property have been completed. Howard A.
Schultz, Appraiser, has estimated that the fair market value of the property to
be Ninety Eight Thousand Dollars ($98,000). Mr. Frank A. Pirritano, Appraiser,
has estimated that the fair market value of the subject property to be
Ninety-Nine Thousand Dollars ($99,000).
The results of our negotiations are that the City of Buffalo will
purchase and renovate the subject property. The purchase price will be Sixty
Thousand Dollars ($60,000). The City of Buffalo will lease the property to the
NIC for One Dollar ($1.00) for five years and NIC will have three five year
options to renew. The PSC will sublease from NIC. The rent to be paid by PSC
to NIC will provide sufficient monies to maintain the building. PSC will pay
their own utilities. The City of Buffalo will not be responsible for utilities
or maintenance other than structural repairs.
Both the lessee (NIC) and the sublessee (PSC) will provide and maintain
proper insurance holding the City of Buffalo harmless from any liability and
bodily injury resulting from their occupancy and use of the property.
Since the above project will accomplish three very important goals;
provide NIC with larger and modern facilities to service the community; allow
the PSC to remain as an important and significant cultural institution in the
Buffalo Polish Community; and preserve a Local Historical Landmark, 1168
Broadway. Therefore, I am recommending that Your Honorable Body approve the
purchase of 1168 Broadway, the Polish Singing Circle Building, in the amount of
Sixty Thousand Dollars ($60,000).
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 16
Results of Negotiations
122 Purdy, W 92.95' S Woodlawn
Vacant Lot: 30' x 100'
Assessed Valuation: $1,100
Item # 24, C.C.P. 3/19/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Diane Shannon, 124 Purdy Street, Buffalo, New York 14208. Ms. Shannon
is purchasing the vacant lot in order to expand her yard area.
An independent appraisal of the property was conducted by Jerome E.
Goldstein, Appraiser, 1060 Ellicott Square Building, 295 Main Street, Buffalo,
New York 14203. He has estimated the market value of the subject property to
be Eight Hundred and Twenty-Five Dollars ($825). The Division of Real Estate
has conducted a survey of recent sales in the area and concurs with the
appraiser's estimate of value.
The results of our negotiations are that Ms. Diane Shannon has agreed and
is prepared to pay Eight Hundred and Twenty-Five Dollars ($825) for the subject
property. She has also agreed to pay for the cost of appraisal, transfer tax
and cost of the legal description.
I am, therefore, recommending that Your Honorable Body approve the offer
of Ms. Diane Shannon, 124 Purdy Street, Buffalo, New York 14208 in the amount
of Eight Hundred and Twenty-Five Dollars ($825).
MR. FAHEY moved:
That the above communication from the Comptroller, dated November 7,
1991, be received and filed; and
That the offer of Diane Shannon residing at 124 Purdy Street, Buffalo,
New York 14208, in the sum of Eight Hundred and Twenty-five Dollars ($825.00)
to purchase: 122 Purdy Street, Buffalo, New York 14208 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- 12- NOES- 0.
No. 17
Interfund Cash Loans for Capital Projects
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the
City General Fund to the City, Board and Enterprise Capital Projects Funds. The
interfund loan will then be repaid when Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have five requests for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $165,000 for
Historic Lighting in Various Parks, $35,000 for Ellicott District Lighting,
$200,000 for Window Replacement-Grover High, $595,000 for the Boiler
Replacement at Riverside High and $95,000 for the Roof at School #65. The
loans will be repaid when bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen.200 Cap. Proj. 200-401-098 BAN / Bond Sale $ 165,000
100 Gen.200 Cap. Proj. 200-401-099 BAN / Bond Sale 35,000
100 Gen. 299 Cap. Proj. 299-970-072 BAN / Bond Sale 200,000
100 Gen. 299 Cap. Proj. 299-970-083 BAN / Bond Sale 595,000
100 Gen. 299 Cap. Proj. 299-970-064 BAN / Bond Sale 95,000
MR. FAHEY moved:
That the communication from the Comptroller dated November 6, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund
cash loan from the General Fund to the Capital Projects Fund in the amount of
$165,000 for Historic Lighting in Various Parks, $35,000 for Ellicott District
Lighting, $200,000 for Window Replacement-Grover High, $595,000 for the Boiler
Replacement at Riverside High and $95,000 for the Roof at School #65. The
loans will be repaid when bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 12 NOES- 0.
FROM THE PRESIDENT OF THE COUNCIL
No. 18
ASSESSMENT REVIEW BOARD REAPPOINTMENT
That this Common Council does hereby reappoint Mr. Henry Osinski,
residing at 175 Parkside Avenue, Buffalo, New York to the Board of Assessment
Review, for the term ending September 30, 1996.
MR. FAHEY moved:
That the communication from the Council President's Office, dated
November 7, 1991, be received and filed; and
That the reappointment of Mr. Henry Osinski, residing at 175 Parkside
Avenue, Buffalo, New York as a member of the Assessment Review Board for a term
expiring September 30, 1996, be approved.
ADOPTED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 19
Req. Hrg. Obj. to Assess. 346 Genesee
Item No. 60, C.C.P. 10/29/91
The Department of Assessment has been asked to respond to the
above item.
As per C.C.P. No. 147 dated April 16, 1991, the Common Council approved
to assess owner for costs incurred by the City for debris removal and disposal.
At the time the Common Council approved the $19,476.00 for the cost of
the debris removal, we questioned Inspections and Community Revitalization
about the cost for 344-346 Genesee as each property is owned by a different
individual. We have not received any split or adjustment from Inspections and
Community Revitalization.
Our records indicate that since this is under Special Assessment, the
$19,476.00 plus interest will be added to the first half of the 1992-93 City
tax bill.
Please note that the Department of Assessment is unable to do anything
with this account. It has been generated from Inspections and Community
Revitalization and any corrections have to come from them. The owner of 346
Genesee only wants to pay for the cost of the debris removed from his property.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 20
Refund Excess Taxes - Watergate II
CCP 10/29/91, Item #27
The Department of Assessment has been asked to respond to the
above item.
We have verified the taxes and informed the Law Department that the taxes
for Watergate II at 32 Hertel Avenue have been paid for the years 1987-88;
1988-89; 1989-90;-and 1990-91.
The Law Department determines the City's share of the refund due
Watergate II Apartments.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 21
Notification Serial #8209
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on the agenda as an
item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: PERMISSIVE PARKING
PERMISSIVE PKG. LOCATION PERIOD OF PERMISSIVE PKG.
Beard Avenue between Voorhees North side South side
and Parker Avenue Mon, Tue, Wed Fri, Sat, Sun
8am- 4pm
8am- 4pm
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
Notification Serial #8210
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five
days. after the first Council meeting at which they appear on the agenda as an
item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO STANDING
PROHIB. PRTN. HIGHWAY PROHIB. PERIOD DAILY EXCEPT
Kensington Avenue south side SUNDAY
between the north drive of 7am-7pm
Humboldt Pkway and Trinidad Pl.
Notification Serial #8211
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo
the City Engineer hereby notifies your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on the agenda as an item of business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: PERMISSIVE PARKING
PERMISSIVE PKG. LOCATIONS PERIOD OF PERMISSIVE PKG.
Kensington Avenue south side DAILY EXCEPT SUNDAY
between the north drive of 2 Hr Parking 9am- 4pm
Humboldt Pkway and Trinidad PI.
Notification Serial #8212
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an its
business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PROHIB. PTN. HIGHWAY PROHIB. PERIOD DAILY EXCEPT
Kensington Avenue south side SUNDAY
between the north drive of 7am-9am and 4pm-6pm
Humboldt Pkway and Trinidad PI.
Notification Serial # 8213
NO STANDING - REPEAL
The administration at Roswell Park Hospital has asked the Department
of Public Works to temporarily allow parking on Virginia Street between
Ellicott Street and Michigan Street and Elm Street between Virginia Street and
the Hospital Entrance. This request was made because the Hospital parking ramp
is under construction. Upon completion of construction, parking will revert
back to its original restrictions.
Therefore, in conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: NO STANDING - REPEAL
PROHIBITED PORTION OF
PUBLIC HIGHWAY HIGHWAY LOCATION
Virginia Street Between Ellicott Street
(both sides) and Michigan Street
Elm Street Between Virginia Street
(both sides) and Hospital Entrance
Notification Serial #8214
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda a- an item
business.
That that part of 'Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Virginia St. between Nov. 15 - April 1
Ellicott St. and Michigan Ave. 1:30 am- 7:00 am
Elm St. between Virginia St. and Nov. 15 - April 1
Hospital Entrance 1:30 am - 7:00 am
Notification Serial # 8215
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: PERMISSIVE PARKING
PERMISSIVE PKG. LOCATION PERIOD OF PERMISSIVE PKG.
Beard Avenue between Voorhees North side South side
and Morris Avenue Mon, Tue, Wed Fri, Sat, Sun
8am- 4pm 8am- 4pm
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 22
EXTENSION OF CITY CONTRACT NO. 91606600 CREAMER BROTHERS, INC.
In accordance with the terms of the contract between the City of Buffalo
and Creamer Brothers, Inc. for work relating to the Cleaning and Cement Mortar
Lining of Waterline in Appenheimer Street, Amsterdam Street, Birth Street and
E. Delavan Avenue and Construction of New 10 Inch Watermain in Chelsea Place,
City Contract No. 91606600, this office has received a request for an extension
of time.
The original completion date was September 2, 1991.
The contractor encountered a large amount of rock in Chelsea Place which
delayed the installation of the new 10 inch watermain. The work remaining was
the pavement restoration and seeding of the grass.
Accordingly I have granted an extension of time in the contract with
Creamer Brothers, Inc. to October 25, 1991.
RECEIVED AND FILED.
No. 23
EXTENSION OF CONTRACT
CITY CONTRACT NO. 91546200
FIRSTRHYME CONSTRUCTION CORP., INC.
In accordance with the terms of the contract between the City
of Buffalo and Firstrhyme Construction Corporation, Inc. for work relating to
the Installation of New Filtered Water Conduit from the Filtration Plant to the
Colonel Ward Pumping Statio, Contract No. 15, City Contract No. 91546200, this
office has received a third request for an extension of time.
The original completion date was March 1, 1991. Per Item No. 30 of
Common Council Proceeding of April 30, 1991 an extension of contract was
granted to June 17, 1991. Per Item No. 31 of Common Council Proceeding of
July 23, 1991, a second extension of contract was granted to August 31, 1991.
This third extension is required due to the fact after 1,000 feet of 90
inch pipe was installed, it was found that joints within approximately 200 feet
of pipe were leaking which required the contractor to expose and remove
the pipe and install new joint rings to seal the joints. This delayed the
paving and lawn restoration work along with the installation of the fencing.
The new 72 inch and 90 inch pipe are now in operation. The work remaining is
the installation of new fencing and the placing of stop logs to isolate the
existing north canal conduit from the clearwell for the inspection and repairs
called for in the contract.
Accordingly I have granted a third extension of time in the contract
with Firstrhyme
Construction Corporation, Inc. to January
3,
1992. This
extension of time is granted with the understanding that the City reserves
the right to liquidated damages or other possible claims against the
contractor resulting from the extension of this contract by the City of
Buffalo.
RECEIVED AND FILED.
No. 24
Conduit Occupancy Agreement
After further examination by various departments within this
administration
of the proposed Conduit Occupancy Agreement between . the City of Buffalo and
Fibernet it has been determined that said agreement must be amended.
Although the existing agreement has been used for point to point
fiber-optic routes in the past, Fibernet proposes a multi-point route and the
fee charged per linear foot would not sufficiently benefit the city.
This office will notify Fibernet of. any and all proposed amendments to
the agreement at the earliest opportunity.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 25
Reconstruction of Bailey Avenue
(Dingens Street to William Street)
P.I.N. 5307.68 - FAP Various Agreements
In November of 1990. the City of Buffalo submitted an executed
proposed agreement for Phase I-IV Preliminary Engineering and right-of-way
incidental work for this referenced project. On February 19. 1991 the State of
New York informed the City of Buffalo, that the State's share for this off
system project had been impounded requiring that the City of Buffalo be
responsible for the Total Local Share funding. thereby making the original
agreement between the City of Buffalo and the State of New York voidable. on
September 17, 1991. Your Honorable Body approved expenditures for this project
(C.C.P. # 32), reflecting the Cities commitment to funding for the Total Local
Share Match. The New York State Department of Transportation has requested
that your Honorable Body approve the attached agreements for the above
mentioned project.
Attachment #1 - Municipal concurrence with Federally-aided off-system and
traffic operations improvements funded under Federal Aid Programs.
Attachment # 2 - Authorizing the City to participate in the Non Federal
Share of the cost of construction and authorizes the Mayor' to execute an
agreement on behalf of the City of Buffalo.
Attachment # 3 - Agreement between the City and the State to perform
preliminary engineering and right-of-way work incidental for a Federal Aid
Project and authorizes the Mayor to execute such agreement for the City of
Buffalo.
Attachment # 4 - Authorizing the City of Buffalo to participate to
contribute the Local Share of the cost or right-of-way for such project and
authorizing the City to participate in the Non-Federal Share of the cost of
construction of such project and authorizing the Mayor to execute an agreement
on behalf of the City of Buffalo.
Attachment # 5 - Agreement between the City of Buffalo and the State of
New York to perform right-of-way acquisition and authorizing the Mayor to
execute these agreements.
Attachment # 6 - An agreement whereby the City of Buffalo shall acquire
the necessary right-of-way for the above mentioned project.
Attachment # 7 - An agreement authorizing the City of Buffalo to
participate in the cost of construction of the project. The City of Buffalo
shall have to fund 20% of the Total Project cost which will not exceed
$2,258.000. The City of Buffalo expects to receive reimbursement from the
State under the Marchiselli Aid Program. As of this date, the State has
allocated $70.000 in Marchiselli funds for this project, but future State
budgets may include additional funding for this project.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
November 7, 1991, be received and filed; and
That the seven attachments to said communication referred to as
agreements, and more particularly described in said communication, be and
hereby are approved, and;
That the Mayor be and he hereby is authorized to execute any and all such
agreements as way be necessary.
PASSED.
AYES- 12 NOES- 0.
No. 26
Bailey Avenue US Rt. 62 (From Broadway to Walden Avenue) Bin 2-02844-0 Over
West Shore Avenue and Conrail PIN 5307.71 - FAP Various Agreements
The New York State Department of Transportation has requested
that your Honorable Body approve the attached agreements for the above
mentioned project. On September 17, 1991, Your Honorable Body approved
expenditures for this project (C.C.P. # 32) reflecting the Cities commitment
to funding for the Total Local Share Match.
Attachment # 1 - Municipal concurrence with Federally-aided off-system
and traffic operations improvements funded under Federal Aid Programs.
Attachment # 2 - Authorizing the City to participate in the Non- Federal
Share of the cost of construction and authorizes the Mayor to execute an
agreement on behalf of the City of Buffalo.
Attachment # 3 - Agreement between the City and the State to perform
preliminary engineering and right-of-way work incidental for a Federal Aid
Project and authorizes the Mayor to execute such agreement for the City of
Buffalo.
Attachment # 4 - Authorizing the City of Buffalo to participate to
contribute the Local Share of the cost or right-of-way for such project and
authorizing the City to participate in the Non-Federal Share of the cost of
construction of such project and authorizing the Mayor to execute an agreement
on behalf of the City of Buffalo.
Attachment # 5 - Agreement between the City of Buffalo -and, the State of
New York to perform right-of-way acquisition and authorizing the Mayor to
execute these agreements.
Attachment # 6 - An agreement whereby the City of Buffalo shall acquire
the necessary right-of-way for the above mentioned project.
Attachment # 7 - An agreement authorizing the City of Buffalo to
participate in the cost of construction of the project. The City of Buffalo
shall have- to fund 20% of the Total Project cost which will not exceed $
1,946,000. The City of Buffalo expects to receive reimbursement from the
State under the Marchiselli Aid Program. As of this date, the State has
allocated $100,000 in Marchiselli funds for this project, but future State
budgets may include additional funding for this project.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
November 7, 1991, be received and filed; and
That the seven attachments to said communication referred to as
agreements, and more particularly described in said communication, be and
hereby are approved, and;
That the Mayor be and he hereby is authorized to execute any and all such
agreements as may be necessary.
PASSED.
AYES- 12 NOES- 0.
No. 27
Reconstruction of Elmwood Avenue.
(Scajaquada Expressway to Amherst
Street) - P.I.N. 5753.36 - FAP -
Various Agreements.
The New York State Department of Transportation has requested
that your Honorable Body approve the attached agreements for the above
mentioned project Your Honorable Body has already approved expenditures for
this project (C.C.P. #32. September 17, 1991).
Attachment #1 - Municipal concurrence with Federally-aided offsystem and
traffic operations improvements funded under Federal Aid Programs.
Attachment # 2 - Authorizing the City to participate in the Non-Federal
Share of the cost of construction and authorizes the Mayo,- to execute an
agreement on behalf of the City of Buffalo .
Attachment # 3 - Agreement between the City and the State to perform
preliminary engineering and right-of-way work incidental for a Federal Aid
Project and authorizes the Mayor to execute such agreement for the City of
Buffalo.
Attachment # 4 - Authorizing the City of Buffalo to participate to
contribute the Local Share of the cost or right-of-way for such project and
authorizing the City to participate in the Non-Federal Share of the cost of
construction of such project and authorizing the Mayor to execute an agreement
on behalf of the City of Buffalo
Attachment # 5 - Agreement between the City of Buffalo and the State of
New York to perform right-of-way acquisition and authorizing the Mayor to
execute these agreements.
Attachment # 6 - An agreement whereby the City of Buffalo shall acquire
the necessary right-of-way for the above mentioned project.
Attachment # 7 - An agreement authorizing the City of Buffalo to
participate in the cost of construction of the project. The City of Buffalo
shall have to fund 20% of the Total Project cost which will not exceed
$828,000. The City of Buffalo expects to receive reimbursement from the State
under the Marchiselli Aid Program. As of this date, the State has allocated
$20,000 in Marchiselli funds for this project, but future State budgets may
include additional funding for this project.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
November 7, 1991, be received and filed; and
That the seven attachments to said communication referred to as
agreements, and more particularly described in said communication, be and
hereby are approved, and;
That the Mayor be and he hereby is authorized to execute any and all such
agreements as way be necessary.
PASSED.
AYES- 12 NOES- 0.
No. 28
Signal Improvements of Rt. 5 Main Street (Goodell Street to Ferry Street)-
P.I.N. 5034.77 - FAP - Various Agreements
The New York State Department of Transportation has requested
that Your Honorable Body approve the attached agreements for the above
mentioned project.
Attachment # 1 - Municipal concurrence with Federally-aided offsystem and
traffic operations improvements funded under Federal Aid Programs.
Attachment # 2 - Authorizing the City to participate in the NonFederal
Share of the cost of construction and authorizes the Mayor to execute a,,
agreement on behalf of the City of Buffalo.
Attachment # 3 - Agreement between the City and the State to perform
preliminary engineering and right-of-way work incidental for a Federal Aid
Project and authorizes the Mayor to execute such agreement for the City of
Buffalo.
Attachment # 4 - Authorizing the City of Buffalo to participate to
contribute the Local Share of the cost or right-of-way for such project and
authorizing the City to participate in the Non-Federal Share of the cost of
construction of such project and authorizing the Mayor to execute an agreement
on behalf of the City of Buffalo.
Attachment #.5 - Agreement between the City of Buffalo and the State of
New York to perform right-of-way acquisition and authorizing the Mayor to
execute these agreements.
Attachment # 6- An agreement whereby the City of Buffalo shall acquire
the necessary right-of-way for the above mentioned project.
Attachment # 7 - A,, agreement authorizing the City of Buffalo to
participate in the cost of construction of the project. The City of Buffalo
shall have to fund 20% of the Total Project cost which will not exceed
$260,000.
MR. FAHEY moved:
That the communication from the Commissioner of Public Works, dated
November 7, 1991, be received and filed; and
That the seven attachments to said communication referred to as
agreements, and more particularly described in said communication, be and
hereby are approved, and;
That the Mayor be and he hereby is authorized to execute any and all such
agreements as may be necessary.
PASSED.
AYES- 12 NOES- 0.
No. 29
Report of Bids for Refurbishment of Park Type
# 1348 Light Standards
This is to advise your Honorable Body that I have advertised and
received bids on October 30, 1991 for the Refurbishment of Park Type #1348
Light Standards to be used in the various historical preservation districts.
In obtaining bids for the above project I have asked for bids on a unit
price basis per lamp standard.
The following bid was received:
Colgate Heating Corporation $150,000.00
(See attached sheet for unit price breakdown.)
I hereby certify that the lowest and only bidder for the above project is
Colgate Heating Corporation. Funds for this project will be available in Bond
Accounts 200-401-099 and 200-401-098.
The engineer's estimate for this work is $157,500.00 or $525.00 per unit.
I respectfully request that your Honorable Body authorize the Commissioner of
Public Works to award a contract for this work to Colgate Heating Corporation.
MR. FAHEY moved:
That the communication from the Commissioner of, Public Works dated
November 12, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the refurbishment of Park Type #1348 Light Standards to be
used in various historical preservation districts to Colgate Heating
Corporation, the lowest responsible bidder in the amount of $157,500.00, ,or
$525.00 per unit, with said cost to be charged against the Bond Accounts
200-401-099 and 200-401-098.
PASSED.
AYES- 12 NOES- 0.
No. 30
Request for variance for Parking Pad at 709 Linwood Avenue
Item # 82, C.C.P. October 29, 1991
The area where parking takes place at 709 Linwood Avenue is on
top of the driveway approach between the curb and sidewalk, entirely on city
property.
Permission to do so was never granted by the city because of the dangers
presented to motorists and pedestrians walking nearby. Should an accident occur
at that location, the City of Buffalo would be extremely vulnerable for
permitting this practice and with no bonds or insurance in effect to provide
protection, may be required to pay a large sum of money to settle a claim if
one ever arose.
Allowing this type of parking would no doubt set a precedent and would
invite similar requests from other property owners who would expect the same
results.
There is no basis to justify an innocent verdict by the parking
violations hearing officers, in our estimation, because parking in this fashion
is illegal regardless of how long the practice has been going on.
This department is in total opposition to legalizing parking in this
manner at 709 Linwood Avenue and suggests the property owner seek to modify her
private property to install a legal driveway instead of a parking pad. She can
contact Mr. Walter Flynn at 851-5876 to set up a field inspection and discuss
her options.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 31
Request to Amend
Traffic Ordinance Chapter 479, Sec. 15.48 C30310
Item No. 149, C.C.P. 02/19/91
Attached please find the Transportation Advisory Board's recommendation
regarding the above resolution.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 32
WATER QUALITY IN THE CITY OF BUFFALO
CCP 157, OCTOBER 1, 1991
The Buffalo Division of Water offers the following explanation
for this past summer's taste and odor problems in its' drinking water.
Algae has always been associated with numerous water quality changes.
Algae are simple forms of plant life widely distributed in nature and usually
present in lakes, ponds and reservoirs. Most of them are microscopic in size
and vary from single cells to filamentous chains, or groups of cells.
Sunlight, turbidity and nutrients are some factors affecting its' growth. Odors
may be caused in water by a particular algae or from the decomposition of algae
masses in the water. Blue-green algae, which are normally associated with taste
and odor, peak for an extremely brief period in late July and early August.
Normally the principal cause of taste and odor problems in potable water
supplies relying on Lake Erie as a source have been identified as the
flagellate Ceratium and the Blue-green algae anabaena and Aphanizomeron.
In the past these algae float to the surface and remain there during the
month of August while the sunlight and water temperatures are conducive to its'
growth.
Inasmuch as our Intake ports are approximately twenty feet below the
water surface, we normally do not pull the algae mass into our Intakes. It has
been assumed that the algae masses are greater in depth this year than in
previous years thereby causing the algae masses to be pulled into the Intakes.
In addition to the algae, it is suspected by many water treatment plant
managers that the zebra mussel may also be to blame for some of the taste
and odor problems although it has not been confirmed that the metabolic and
decomposition products of the zebra mussel could very well be responsible for
the continued taste and odor problems into late September and early October.
With densities approaching 600,000 mussel per square yard and each mussel
having the ability of filtering one liter of water per day, large numbers of
algae are taken in by the mussel and the oils released by their digestion of
these organisms is a definite possibility.
The above conclusions have been reached by members of the local water
suppliers who have had several meetings with the Erie County Health Department
since August 29th of this year, the latest being October 24, 1991. At these
meetings the following entities have been represented: Erie County Health
Department, City of Buffalo, Erie County Water Authority, City of Tonawanda,
Town of Tonawanda, Niagara Falls, Niagara County Water District, Angola Water,
Town of Grand Island and North Tonawanda Water. All of the above purveyors
have expressed their concern to the Erie County Health Department and have
exchanged information as to what can be done to address the taste and odor
problem. All of the suppliers have been using potassium permanganate to combat
the problem. Potassium permanganate has the ability to oxidize organic material
in low concentration as magnesium is undesirable in finished water.
Buffalo has engaged the services of R & D Engineering and Land Surveying, P.C.
to construct a new chemical treatment facility to install a new chemical line
from the shore to the Intake at the mouth of the Niagara River, approximately
6,600 feet from the shore at which point chlorine would be injected to kill the
zebra mussels at the intake house and intake tunnel. We presently are ejecting
potassium permanganate at the Head House of the Filter Plant. This will be
moved to the Screen House, approximately 1,000 feet from the Filter Plant
thereby giving more time for the potassium permanganates to oxidize the
organic material in the raw water supply.
Chlorine will be injected at the head of the Plant in order to kill any
zebra mussel larvae that may be entering the Coagulation Basin so as to prevent
a zebra mussel build up in the Basin and filter beds. I have also instructed R
& D Engineering to install an activated carbon feed at the head of the plant
which will be used in addition to potassium permanganate for future taste and
odor problems.
It should be noted that additional costs to purchase the activated
carbon, which is approximately $700.00 per ton, will be required. Approximately
two tons per day will be used during the months of August and September.
Please be advised, the City of Buffalo's potable water, even though it
does have an offensive taste and odor problem, is safe to drink. The City,
along with the Erie County Health Department, has been testing the water daily
to insure that a safe potable water is delivered to its' customers.
Please note that all test results of Buffalo's water samples have passed
and meet all required State and Federal Health Standards.
The Director of Water, Michael J. Martin, has suggested to the Erie
County Health Department that they be the lead agency in obtaining all data and
water samples from all suppliers and in cooperation with the University of
Buffalo's Laboratory they conduct studies to determine the cause of the taste
and odor problem and make recommendations to the suppliers in how to treat the
problem.
Attached please find copies of the following:
Results of Examination of Finished Water
Erie County Health Department's 1990 Water Treatment Plant Annual Inspection
Report
Total Trihalomethane Report
Analysis of City of Buffalo drinking water done by an outside independent
laboratory - General Testing Corporation
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 33
CERTIFICATE OF APPOINTMENT
Appointment to become effective October 28, 1991, in the Department
of Public Works, Division of Engineering, Gilbert Campbell 109 Saranac,
Buffalo, 14216 to the position of Engineering Inspector, Permanent at the
starting salary of $29,079.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKS
No. 34
Plumbing Repair Cost
293 Riley Street
I have been personally in contact with Carino Plumbing & Heating
located at 419 Auburn Avenue, Buffalo, New York 14213.
The plumbing repair work at 293 Riley Street will be started tomorrow,
October 30, 1991.
The cost of the repair work will be paid for by the City of Buffalo
Public Works Department
RECEIVED AND FILED.
No. 35
ICE RINK REVENUES/EXPENSES
At the Legislation Committee Meeting held on October 8, 1991,
Reference increasing ice fees for teams with nonresident participants, Your
Honorable Body requested a report on the operating costs and revenues of the
three (3) indoor rinks. These figures are for the three (3) rinks
combined:
INDOOR RINKS
PERSONNEL
9 Park Utility Workers $95715.00
Overtime 9578.00
3 Labor II's 29047.00
12 Refrigeration Engineers 95616.00
6 Fee Collectors 19152.00
15 Rink Attendants 54558.00
l Skating Instructor 2772.00
$ 306438.00
UTILITY COSTS
Electric $82,758.00
Gas 25,018.00
Phone 2,912.00
$ 110,688.00
MAINTENANCE CONTRACT
Davis Refrigeration $ 46,000.00
INDOOR RINKS TOTAL EXPENSES $463,126.00
TOTAL REVENUES 1990-1991 $144,666.00
OUTDOOR RINKS
PERSONNEL
4 Park Utility Workers $22,058
2 Labor II's 10,041
8 Seasonal Refrigeration Engineers 20,823
l Seasonal Rink Attendants 18,900
$71,822
UTILITY COSTS
Electric $20,613
Gas 4,097
Phone 573
$25,283
OUTDOOR RINKS TOTAL EXPENSES $97,105
TOTAL EXPENSES INDOOR & OUTDOOR RINKS $560,231
TOTAL REVENUES 1990-91 FISCAL YEAR 144,166
TOTAL DEFICIT OPERATING COSTS FOR ICE RINKS $416,065
REFERRED TO THE COMMlTTEE ON LEGlSLATION.
FROM THE COMMISSIONER OF POLICE
No. 36
"Use of Gate Hse. Law/Nuisance Abate"
Item#138-C.C.P October 29, 1991
In regards to the above captioned ordinance, each and every time
a search warrant is executed by the Narcotics section and arrests are made, a
formal letter is prepared and forwarded to the homeowner via certified mail.
This notification to the homeowner is to insure that the owner is made aware of
the illegal activity, thereby giving him or her the opportunity to take
corrective action.
We are of the opinion that once a second letter is forwarded to the homeowner
regarding the same location, said homeowner should be brought before the
Commissioner of Licenses and Inspections. Copies of all letters are forwarded
to the Commissioner. Once the Commissioner and homeowner meet to determine what
action will be taken, from that point on further incidents should be dealt with
by boarding up the property and possible seizure.
Criminal convictions within certain time frames make the implementation of this
ordinance extremely cumbersome and difficult. Execution of search warrants are
made possible only after detailed scrutinization by City or County Court
Judges. That in itself, coupled with arrests and seizures of drugs should be
sufficient cause for action by the City against homeowners.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
FROM THE COMMISSIONER OF FIRE
No. 37
Closing and Abandonment of a Portion of Amelia Street
The Buffalo Fire Department has no objection to this proposal.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 38
Delaware Park Casino
Supplemental Lease Agreement For Preservation
of the Rose Garden
Item No. 22, C.C.P., 10/29/91
The Law Department, per your request, has reviewed the above agreement
and hereby approves same as to form only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Permission to Renew Lease Fillmore-Leroy Counseling Clinic at 2255 Fillmore
Ave.
Item No. 49, C.C.P., 10/29/91]
The Law Department, per your request, has reviewed the above agreement
and hereby approves same as to form only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Request for Hearing Objecting
to Assessment 344-346 Genesee Street
Item No. 60 CCP October 29, 1991
The referenced communication contains a statement that the Corporation
Counsel directed the petitioner or its attorney to request the Common Council
to schedule a hearing on this matter. Please be advised that this department
merely suggested that the attorney write to Your Honorable Body for your
consideration. It would appear that our suggestion was misunderstood.
However, our investigation into this matter leads us to conclude that the
petitioner has a meritorious claim in that it is being billed for debris
removal and disposal from property which it did not own.
It would appear that the mistake originated in a communication from the
Department of Inspections and Community Revitalization to Your Honorable Body
requesting You to authorize the Commissioner of that department and the
Commissioner of Assessment to charge the cost of the demolition removal and
disposal against 344-346 Genesee Street which authorization was approved per
Item No. 147 CCP 4-16-91.
Our recommendation is for the Common Council to request the Department of ICR
to submit an amended request to the Common Council authorizing that the costs
for demolition removal and disposal be separately assessed against the two
parcels preferably assessing each parcel with its pro rata share of the total
cost, or fifty percent of the total cost against each parcel, or as being
offered by the petitioner, sixty percent against its property at 346 Genesee
Street and forty percent against 344 Genesee Street.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 41
Forgiveness for Demolition Costs of
848 Broadway Street, Rear Cottage
ITEM NO. 129 C.C.P., 10/15/91
With respect to the above it is the opinion of the Law Department
that forgiveness of the demolition costs and interest would be a gift of funds
prohibited by the New York State Constitution and that the authority granted to
the Council pursuant to Section 47 of the Charter to release such a liability
must be predicated on a clear tangible benefit to the City which is not
evidenced in the referenced resolution.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Crawdaddy's - Rescind Permit
Item No. 171, C.C.P., June 19, 1991
You have asked this department whether the Council may rescind
the use permit it granted to Crawdaddy's for use of an outdoor pavilion.
Your authorization to Crawdaddy's was conditioned on the restaurant's
compliance with certain requirements. It has been alleged that the restaurant
has failed to so comply and exceeded the authority the Common Council granted
to it by virtue of constructing a patio bar which it did not request permission
to build.
It is our recommendation that a hearing be held on public notice wherein
evidence of those allegations may be presented with Crawdaddy's being given the
opportunity to respond to such allegations.
In the event Your Honorable determines that Crawdaddy's has, in fact,
violated the terms and conditions of the use permit and/or exceeded the
authority granted to it you would then have a justifiable basis on which to
rescind your previous actions.
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
No. 43
Opinion from State Education
Department - Re: Board of Education Vacancy
Thank you for your letter of October 28, 1991 concerning the vacancy
on the city of Buffalo Board of Education created by the resignation of one of
its members.
Education Law Sec 2553 (10)(N), in reference to a vacancy on the city of
Buffalo Board of Education, provides in pertinent part as follows:
Whenever a vacancy shall occur or exist in the office of member of the board of
education except by reason of expiration of term or increase in the number of
members of such board, such vacancy shall be filled by a majority vote of the
remaining members of the board of education within thirty days of the date when
such vacancy shall have occurred. If the remaining members of the board of
education shall fail to fill such vacancy within such thirty day period, then
the mayor of the city of Buffalo shall within thirty days thereafter fill such
vacancy subject to the confirmation of such appointment by the common
council of the city of Buffalo.
The statute does not require the council to act within a specific period of
time. I believe, however, that a requirement that the council act within a
reasonable period of time can be inferred. What constitutes a reasonable period
of time would be determined by a court in an Article 78 proceeding brought to
compel the council to act.
If the Council rejects the Mayor's appointee, I believe the Education Law
can be interpreted to authorize the Mayor to appoint another candidate within a
new thirty-day period. It is reasonable to assume that the new thirty-day
period would commence upon notification to the Mayor that the Council has
rejected his appointee.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
CERTIFICATE OF APPOINTMENT
Appointment to become effective October 24, 1991, in the Department
of Law, Michael McKeating 164 Tuscarora, Buffalo, 14220 to the Position of
Assistant Corporation Counsel Non-Competitive at the starting salary of $49,277
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 45
430 Niagara Street Association
Request to erect addition and use
430-440 Niagara Street.
Item No. 72, C.C.P., October 29, 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 November 6, 1991, be received and filed; and
That "430 Niagara Street Association - Request to erect addition and use
430-440 Niagara Street" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval power over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment form (EAF) on this
item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 46
Horizons waterfront Action Plan
On Wednesday October 16, 1991, The Horizons Waterfront Commission
voted to accept, in their entirety
the Common Council's requested amendments to the Commission's Draft
Action Plan (which constitutes the Draft Master Plan pursuant to the Intermunicipal Cooperation Agreement). In a
subsequent item at the October 16 meeting the Commission voted to adopt the Draft Generic Environmental Impact Statement
(DGEIS) for said Action Plan. The DGEIS includes a copy of the Action Plan which purportedly incorporates the amendments
requested by Your Honorable Body and accepted by the Commission.
At the October 16 meeting I was presented with their revised Action Plan
for the first time and noted my objection to the manner in which it addressed
the Council amendments. I stated that the amendments were not substantively
incorporated into the Plan and that therefore the DGEIS was potentially flawed.
If the purpose of the DGEIS is to determine the potential adverse impacts
associated with the types of development to be induced by the Action Plan, to
seek public comment thereon, address possible mitigating actions with respect
thereto, and potentially influence the substance of the final Action Plan, it
is critical that the draft Action Plan which is incorporated into the DGEIS be
accurate. Or put another way, if the DGEIS does not correctly state what
amendments the Council required be made to the draft action plan, then the
DGEIS and the public are analyzing the wrong things.
It is clear that the DGEIS was in fact prepared before the draft Action
Plan was amended in an attempt to incorporate the Council amendments. At pages
38 and 39 of the DGEIS the inconsistencies between the City's LWRP and the
Action Plan pre-Council amendments are detailed and reference is made to
"anticipated redrafts" of the Action Plan.
- I respectfully request Your Honorable Body to review the Action Plan as
it is incorporated into the DGEIS and determine whether it complies with the
October 1, 1991 Council resolution. In particular, you may wish to concentrate
on the following:
- The City's role in siting specific projects like the "Nowak proposal" has
not been mentioned.
- The Council's strong language on the absolute priority of developing a 90
acre park on the Outer Harbor is missing.
- No reference is made to the Council determination as to the importance of
retaining a deep water port in the City of Buffalo.
- None of the illustrative project maps were amended to conform to the
substantive changes required by the Council (e.g. a mixed-use development is
shown in the 90 acre North Outer Harbor tract).
- There is no mention of a public access requirement proposal along the
water's edge from Corps of Engineer's land to north City line.
Please note that we have only until November 18, 1991 to submit our
comments on the DGEIS.
RECEIVED AND FILED.
No. 47
Increase in Contract 91547100
Pilot Field Interim Improvements Electrical
I hereby submit to Your Honorable Body the following Change Order
#4 on contract 91547100 with Industrial Power and Lighting Corporation for the
construction of Pilot Field Interim Improvements - Electrical.
1. Provide revamped ground bus to recloser as required by Niagara Mohawk.
ADD $ 285.00
2. Disconnect existing control box and reinstall temporary control box on
an emergency basis to prevent damage to other equipment if a power outage would
occur. ADD $ 806.15
TOTAL ADD $1,091.15
SUMMARY:
Original Contract Amount $124,870.00
Previous Increases 33,677.54
Change Order No. 4 (This Change) ADD 1,091.15
New Contract Amount $159,638.69
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 basis. The costs have been found to be
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. 4 to Industrial
Power and Lighting Corporation, as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF STREETS
No. 48
1991-92 Snow Control Plan
Pursuant to City of buffalo Ordinance, Article 15, Section 292,
I am submitting the attached "SNOW CONTROL PLAN 1991-1992".
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 49
Claim for supplies delivered
June 30, 1990 - June 30, 1991
Safety Supply America Corporation's Order #10621310 was for $1,076.40
and was paid $802.07 leaving a balance due of $274.33. Order #10613520 was in
the amount of $761.76 and was paid $567.62 leaving a balance due of $194.14.
As the balance due on both orders had been encumbered in the 1990/1991 budget
we are asking this claim in the amount of $468.47 be paid. (Copies attached).
This was due to an error in General Services Department.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
S. Daughtery
Cancel Grass Cutting Chgs.
1546 & 1548 Jefferson
Item #74; C.C.P. 10/15/91
Our foreman of the lot crew rechecked the lots located at 1546
& 1548 Jefferson and stated we did cut those lots. Therefore the charges
remain.
RECEIVED AND FILED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI 11.
NOES- ARTHUR- 1.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 51
RELEASE OF LIEN AT 978 FILLMORE
CCP DATED OCTOBER 15, 1991 ITEM NO. 151
With regard to the above subject property please be advised emergency
bids were taken on September 11, 1991 at the request of the Fire Department for
the demolition of said property.
All state and city laws have been observed and followed. Proper procedures
have been followed with regard to this demolition.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Report of Emergency Demolitions
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (l) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at the location, i.e. in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on October
18, 1991 and that the contracts will be awarded to the following responsible
bidders:
Address and Owner Contractor and Dollar Amount of Bid
154 Chester Maplewood
James Martin $5982.00
505 Elmwood -Buffalo, N.Y.
144 Doat Advanced Tree/ House Demolition
Bruce Shaw $9288.00
144 Doat -Buffalo, N.Y.
1007 Fillmore Advanced Tree/ House Demolition
James Benton $8865.00
1811 Northwood
Albany, Ga.
226 Loepere Mainline Contracting
Paul Jasinski $6800.00
226 Loepere -Buffalo, N.Y.
320 Moselle Mainline Contracting
Lamont and Gloria Dade $4875.00
320 Moselle - Buffalo, N.Y.
95 Northampton Integrated Waste Special Services
Odessa Polk $8450.00
7 Northumberland
Buffalo, New York
418 Sweet and Garage Advanced Tree/ House Demolition
Freddie Jackson $9898.00
130 Kehr - Buffalo, N.Y.
21-23-25 Box Lebis Contracting
Philip Bill $8700.00
14 Box - Buffalo, N.Y.
844 Genesee - Garage only Integrated Waste Special Services
James Wilcox $1100.00
275 Fox - Buffalo, N.Y.
127 Madison Rear Mainline Contracting
Arthur Savage $3800.00
147 Bristol - Buffalo, N.Y.
136 Mulberry R.A. Metzger
Ken Carew $7200.00
5378 Big Tree Rd.
Orchard Park, New York
48 Nevada and Garage Mainline Contracting
Edward Watson $4900.00
48 Nevada - Buffalo, N.Y.
1242 Sycamore and Garage Integrated Waste Special Services
TKB Holding $5200.00
1800 Broadway- Buffalo, N.Y.
196 William Metzinger Trucking
Menu Cover Mfg Inc.. $5300.00
C/0 Clayton Hayes
63 Bathhurst - Toronto, Ontario
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
MR. FAHEY moved:
That the communication for the Commissioner of Inspections and community
Revitalization dated October 21, 1991, be received and filed; and
That the following awards by the Commissioner of Inspections and
Community Revitalization for emergency demolition contracts be and the same are
hereby confirmed, ratified, and approved, with said costs to be charged against
the Special Assessment Fund #500-000-002-00000 and that said costs be assessed
against the property benefitted and collected from the party responsible under
the provisions of Chapter XI of the Ordinances of the City of Buffalo:
Address and Owner Contractor and Dollar Amount of Bid
154 Chester Maplewood
James Martin $5982.00
505 Elmwood -Buffalo, N.Y.
141 Doat Advanced Tree/ House Demolition
Bruce Shaw $9288.00
144 Doat -Buffalo, N.Y.
1007 Fillmore Advanced Tree/ House Demolition
James Benton $8865.00
1811 Northwood
Albany, Ga.
226 Loepere Mainline Contracting
Paul Jasinski $6800.00
226 Loepere -Buffalo, N.Y.
320 Moselle Mainline Contracting
Lamont and Gloria Dade $4875.00
320 Moselle - Buffalo, N.Y.
418 Sweet and Garage Advanced Tree/ House Demolition
Freddie Jackson $9898.00
130 Kehr - Buffalo, N.Y.
21-23-25 Box Lebis Contracting
Philip Hill
14 Box - Buffalo, N.Y. $8700.00
127 Madison Rear Mainline Contracting
Arthur Savage $3800.00
147 Bristol - Buffalo, N.Y.
136 Mulberry R.A. Metzger
Ken Carew $7200.00
5378 Big Tree Rd.
Orchard Park, New York
48 Nevada and Garage Mainline Contracting
Edward Watson $4900.00
48 Nevada - Buffalo, N.Y.
196 William Metzinger Trucking
Menu Cover Mfg Inc.. $5300.00
c/o Clayton Hayes
63 Bathhurst - Toronto, Ontario
and
That the following emergency demolition contracts awarded to Integrated
Waste Special Services for the bid amount shown be, and hereby are, referred
to the Committee on Finance.
95 Northampton Integrated Waste Special Services
Odessa Polk $8450.00
7 Northumberland
Buffalo, New York
844 Genesee - Garage only Integrated Waste Special Services
James Wilcox $1100.00
275 Fox - Buffalo, N.Y.
1242 sycamore and Garage Integrated Waste Special Services
TKB Holding $5200.00
1800 Broadway- Buffalo, N.Y.
PASSED.
AYES- 12 NOES- 0.
No. 53
Report of Emergency Bids for
98 Glenwood Avenue &
100 Glenwood Avenue
Due to the very serious and hazardous condition of the fire-damaged
buildings located at the above-stated properties, Fire Commissioner Paul Shanks
requested that our department bid these properties for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that action was necessary due to (l) the structural condition of the
building and/or (2) the resulting dangerous and hazardous condition which
existed at these locations, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on October
27, 1991 and that the contract will be awarded to the following responsible
bidder:
ADDRESS - OWNER CONTRACTOR & DOLLAR AMOUNT OF BID
98 Glenwood Avenue Cedar Wrecking
Maxwell Ferguson $4,600.00
456 E. Ferry Street
Buffalo, NY
100 Glenwood Avenue Cedar Wrecking
James Peacock $3,800.00
143 Covington Road
Buffalo, NY
Please be further advised that the demolition contractor will arrange for the
sewer and water terminations and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, dated October 29, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Cedar Wrecking at a cost
of $4,600.00 relating to 98 Glenwood Avenue, and 100 Glenwood Avenue at a cost
of $3,800.00 be, and the same hereby is confirmed, ratified and approved, with
said cost to be charged against Special Assessment Fund #500-000-002-00000 and
that said cost shall be collected against the owner or person in possession of
the premises and/or shall be assessed against the property benefitted, in
accordance with Chapter 113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 54
Report of Emergency Demolition Bid for 462 Parker Blvd.
Due to the serious and hazardous condition of the above-stated
property, our department solicited bids for emergency demolition. Inspections
were conducted by this department and it was determined that action was
necessary due to (l) the structural condition of the building and/or (2) the
resulting dangerous and hazardous condition which existed at this location,
i.e., in accordance with guidelines outlined in Chapter 113 of the Ordinances
of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on May 21,
1991 and that the contract was awarded to Advanced Tree Service.
The owner of this property requested additional time to remove all personal
belongings from the dwelling and our office granted this delay in demolition.
Please be further advised that the demolition contractor will arrange for the
sewer and water terminations and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
MR. FAHEY moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November l, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Advanced Tree Service
relating to 462 Parker Blvd., be, and the same hereby is confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000 and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 55
Walden Park Senior Housing Complex Approval of Land Disposition Agreement
Walden Park Associates
The City of Buffalo Urban Renewal Agency duly designated Walden
Park Associates, and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
I. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMlTTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 56
Consolidation of Drug Abuse Services
In response to the letter from Kaaren Luparello, Common Council
staff dated October 25, 1991, please be advised of the following:
l. Please find attached the Statement of Fiscal Well Being, which indicates
total program costs for FY 1990-91 at $14,267.00
2. As per conversation on October 29, 1991 with Ellen Grant Bishop,
Commissioner of the Erie County Dept. of Mental Health, she stated that they
are not interested in undertaking the City's Division of Substance Abuse
Services program or negotiating for the program.
RECEIVED AND FILED.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 57
Contingent Permanent Status
As requested by the Civil Service Committee at the meeting held
on October 22, 1991, attached herewith please find a copy of Rule 19,
Contingent Permanent Status, of the Rules for the Classified Civil Service of
the City of Buffalo.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 58
Removal of J. Pezzino from Police Officer Elig. List
C.C.P. 10/29/91, Item #132
Resolution 144, 10/15/91
In response to your Resolution 144, please be advised I will be
unable to attend the Civil Service Committee meeting to be held on November 6,
1991 because my presence is required at the regular meeting of the Municipal
Civil Service Commission to be held at the same time.
The Commission will respond to your request for information in regard to the
above-referenced matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 59
Election of Officers
For your information and records, Members of the Buffalo Municipal
Housing Authority at its Annual Meeting on October 24, 1991, elected the
following Commissioners as Chairman and Vice-Chairman, respectively:
Commissioner Donald A. Ort was elected to serve as Chairman of the
Authority for the term commencing October 24, 1991, to the date of the next
Annual Meeting, October 22, 1992, or until his successor is selected.
Commissioner Mary Rogers was elected to serve as Vice-Chairman of the
Authority for the term commencing October 24, 1991, to the date of the next
Annual Meeting, October 22, 1992, or until her successor is selected.
Please adjust your records accordingly.
RECEIVED AND FILED.
No. 60
Approval of Memorandum of
Agreement between Local 71
I.U.O.E. (Engineers) and BMHA
We respectfully request that your Honorable Body consider and
approve the attached Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 71 - I.U.O.E. representing stationary Engineering
employees.
The Memorandum of Agreement amends the existing contract between the parties
and provides a successor Agreement for the period July 1, 1990 through June 30,
1992. Acceptance of the Contract by the Authority and the Union was reached
after a prolonged period of negotiations The final document incorporates all
the agreed to items which was accepted unanimously by the Authority and the
Union.
This amendment to the contract reflects a 5% (five-percent) increase in base
salary for July l, 1990 and a 5% (five-percent) increase in base salary for
1991. There are 45 employees holding four titles in this union. The lowest
title, Junior Housing Project Engineer, is to receive an additional salary
adjustment (upgrading) of $450 effective July l, 1991.
The Board of Commissioners of the Authority approved this 'Contract at their
regular Board Meeting of October 24, 1991. A Certified Extract of the minutes
is attached.
In addition to the wage adjustments listed above, the following is a brief
outline of the highlights of this contract, presently before you for your
consideration:
1. Dental - Increase in coverage/premiums, not to exceed
$60 per employee, per year
2. Dental Delay dental coverage one full year for new
hirees
3. Medical Adopt Blue Cross only, eliminate Blue Shield
4. Clothing &
Accessories Work clothing/uniforms/safety boots
One time allowance $150
If this Labor Contract including the Wage and Salary Schedules is approved by
your Honorable Body, and the Mayor, then it must be submitted to the U.S.
Department of Housing and Urban Development and the New York State Division of
Housing and Community Renewal for their consideration and concurrence. The
Federal Program operated by the BMHA which is nearly 85% of our operation is
not in deficit. The Authority has ample funds to support these raises.
However, as in the past Common Council approvals of BMHA labor contracts, the
New York State Division of Housing and Community Renewal requires that your
approval of these items include a specific acknowledgment that the operational
costs of the Authority in its State sponsored Public Housing Program may be
increased, and if, in fact, this increase does occur, it would likewise
increase the operating deficit in the Authority's State sponsored operation.
The City of Buffalo under the loan and subsidy contract which the City has with
the State and the Authority must fund this deficit as it has traditionally and
legally done over the years and any increase in it, if it should occur.
It is anticipated that the dollar cost of these increases for some 45 Buffalo
Municipal Housing Authority Engineering employees would total approximately
$170,000 for two years. The share of this cost to the City will total
approximately $25,000 per year.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 61
Norman M. Bakos
Walden Park Housing Project
Environmental Assessment
Attached please find copies of the following:
l) A Phase I Environmental Site Assessment of Walden Park which was
submitted after the filing or the Council's negative declaration for the
September 3, 1991 Council meeting.
2) An Addendum to the Assessment dated October 4, 1991.
3) A May, 1989 Environmental Site Assessment, Walden Avenue Site, prepared
for the Town of Cheektowaga regarding property which is adjacent to the Walden
Park site. This site has history of ownership and use which is similar to
Walden Park's.
Dunn Geoscience Corporation, which prepared these reports, had some
initial concerns over evidence of construction and demolition fill activities
and railroad operations on or near the Walden Park site. As a result, they dug
eight test pits to further investigate the site. Their analysis of the pits,
which is contained in the addendum, concludes with the statement: "Based upon
the additional investigation described herein, the concerns expressed in the
Phase I Environmental Assessment Report have been investigated and it is Dunn's
opinion that the site does not pose a significant threat to human health or the
environment."
As this conclusion is consistent with the Council's negative declaration,
I ask that the Council receive and file these reports and direct the City Clerk
to file these reports with the negative declaration so the City record
regarding this site will be complete. Copies of these items have already gone
to the Environmental Management Commission and the City Planning Board.
RECEIVED AND FILED.
No. 62
Brian M. Higgins
West Valley Nuclear Waste Facility Info
As you know, I have sponsored resolutions critical of the current
proposal to site a low-level nuclear waste facility at West Valley, NY. I have
received the attached information in support of the proposal, and in the
interests of presenting all sides of this issue I am filing this packet for
Council review. As the full packet is lengthy, I have made arrangements to
make it available by keeping it in the City Clerks Office.
RECEIVED AND FILED.
No. 63
DAVID RUTECKI
Resignation
I hereby resign my position as North District Council Member effective
at Noon EST, Tuesday, November 12, 1991. I recommend that the Council, within
the limitations of State law, appoint the winner of the November 5, 1991
General Election for North District Council Member, to the vacancy created by
my resignation for the unexpired balance of my term.
RECEIVED AND FILED.
No. 64
C. Manganello - Claim for Wages due
No. 75, C.C.P., Oct. 15, 1991
Corn. 53, C.C.P., Oct. 29, 1991
After a brief discussion with the Budget Division and Peter Juliano
of the Summer Youth Division, a check has been issued. Therefore, no further
action is required.
RECEIVED AND FILED.
No. 65
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
City Clerk
Parking Violations Bureau
RECEIVED AND FILED.
No. 66
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
270 Amherst St. Mary Moss
RECEIVED AND FILED.
No . 67
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in various departments as listed:
Comptroller - Dale Zuchlewski
Public Works-D.Cole, R. Cole Jr., T. Dovey, T. Hahin, D. Herbert, L. Hodges D.
Schmidle,
Police- John Doyle, C. Penders, C. Pietrasik
Administration and Finance- J. Hellerer
RECEIVED AND FILED.
No. 68
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Civil Service Commission-(7)
Municipal Housing Authority
RECEIVED AND FILED.
No. 69
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 November 1, 1991 in the Department of City
Clerk, Susan M. Malesky, 41 Kail St., Bflo, NY to the Position of Intern IV
Seas. at the starting salary of $ 6.00 per hr.
No. 70
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.
FROM THE COMMISSIONER OF PUBLIC WORKS
Appointment to become effective November 1, 1991, in the Department
of Public Works, Division of Water, Mary Frances Fay, 111 Pawnee Pkwy., Bflo,
NY to the position of Clerk, Seasonal, at the starting salary of $5.00 per
hour.
Appointment to become effective November 1, 1991 in the Department of Public
Works, Division of Water, to the position of Account Clerk, Temporary at the
starting salary of $5.25 per hour.
Sarah Misuraca 515 Plymouth Ave., Buffalo, NY
Geraldine Serwon, 97 Domedion St., Bflo, NY
Eileen Slattery, 98 Abbott Rd., Bflo, NY
Appointment to become effective October 28, 1991 in the Department of Public
Works, Division of Buildings, to the Position of Sr. 1st Class Stationary
Engineer Temporary at the starting salary of $7.05 per hour.
William J. Collins, 343 Newburgh Ave., Bflo, NY
William J. Crane, 15 Glendhu Pl., Bflo, NY
Dennis P. Hayes, 451 Southside Pkwy, Bflo, NY
Charles A. Kulp, 1015 Abbott Rd., Bflo, NY
Norbert S. Prus, Jr., 46 Young Ave., Bflo, NY
Appointment to become effective October 29, 1991 in the Department of Public
Works, Division of Buildings to the position of Sr. lst Class Stationary
Engineer, temporary at the starting salary of $7.05 per hour..
Kenneth R. Brylinski 52 Greeley Street Buffalo 14207
Paul N. Calmes, Sr. 159 Como Avenue Buffalo 14220
Susan A. Eager 143 Parkview Avenue Buffalo 14210
Earl J. Mekelburg 84 Clark Street Buffalo 14212
Joseph G. Reid 30 Mumford Street Buffalo 14220
Appointment to become effective October 31, 1991 in the Department of Public
Works Division of Buildings to the Position of Sr.. 1st Class Stationary
Temporary at the Starting Salary of: $7.05/hr.
Timothy D. Devany
79 Marine Drive 8B Buffalo 14202
Edward D. Standish III 327 Cable Street Buffalo 14206
Appointment to become effective November 1, 1991 in the Department of Public
Works Division of Buildings to the Position of Sr. 1st Class Stationary
Engineer, Temporary at the starting salary of $7.05/hr.
Louis J. Acquisto 7 Marine Drive 5D Buffalo 14202
James T. Conrad 128 Harding Road Buffalo 14220
Raymond F. Gallagher 103 Spaulding Street Buffalo 14220
James L. Moscato 115 lmson Street Buffalo 14210
Joseph E Pristach 87 Woodside Avenue Buffalo 14220
Keith M. Rathbun 239 Cumberland Avenue Buffalo 14220
Appointment to become effective November 6, 1991 in the Department of Public
Works, Division of Buildings, Bert E. Schroeder, 372 Woodward Ave., Bflo, NY to
the Position of Sr. 1st Class Stationary Engineer Temporary at the starting
salary of $7.05/hr.
Appointment to become effective November 6, 1991 in the Department of Public
Works, Division of Buildings to the Position of Sr.. 1st Class Stationary
Engineer Temporary at the starting Salary of: $7.05
Edward F. Anken 68 Paul Place Buffalo 14210
Wayne R. Becker 50 Mayer Avenue Buffalo 14207
James A. Darner 19 Koester Street Buffalo 14220
John G. Egloff 51 Dallas Road Buffalo 14220
Gregory G. Ford 164 Alabama Street Buffalo 14204
Rodney J. Martz 8 Alsace Avenue Buffalo 14220
Paul N. McNamara 39 Payne Avenue Buffalo 14220
John M. Meegan 137 Eden Street, Buffalo 14220
Appointment to become effective October 28, 1991 in the Department of Public
Works Division of Water, to the Position of Caulker
Provisional at the starting salary of $18,606
Robert W. Boone
526 E. Amherst Street
Buffalo, New York 14214
Karl F. Hawthorn, Jr. 18 Seminole Parkway Buffalo, New York 14210
Appointment to become effective October 28, 1991 in the Department of Public
Works Division of Buildings, David Calamita, 39 Whitney Pl., Bflo, NY to the
position of Carpenter, provisional at the starting salary of $20,683.
FROM THE COMMISSIONER OF PARKS
Appointment to become effective November 4, 1991 in the Department
of Parks, Division of Recreation, Brian Higgins, 51 South Ryan St., Bflo, NY to
the position of Rink Attendant, seasonal at the starting salary of $ 4.50 per
hour.
Appointment to become effective November 4, 1991 in the Department of Parks,
Division of Recreation , Daniel Melcher, 210 Riverside Ave., Bflo, NY to
the Position of Fee Collector, seasonal at the starting salary of: $ 4.75 per
hour
FROM THE COMMISSIONER OF POLICE
Appointment to become effective October 25, 1991 in the Department
of Police, Bridgette Sanders, 456 So. Park Ave., Bflo, NY to the position of
Crossing Guard, seasonal, at the starting salary of $5.08 per hour
Appointment to become effective November 11, 1991 in the Department of Fire,
Geraldine Serwon, 97 Domedion St., Bflo, NY to the position of Account Clerk
Typist, Temporary at the starting salary of $18,425.
FROM THE COMMISSIONER OF FIRE
Appointment to become effective November 4, 1991 in the Department
of Fire, Michael O'Neil, 79 Marine Drive-Apt. 6B, Bflo, NY to the Position of
Communication Specialist Provisional at the starting salary of: $ 21,526
FROM THE CORPORATION COUNSEL
Appointment to become effective October 24, 1991 in the Department
of Law, Joyce Jones Manch, 319 Lincoln Pkwy., Bflo, NY to the position of
Assistant Corporation Counsel , noncompetitive, at the starting salary of
$39,538.
FROM THE COMMISSIONER OF ADMINISTRATION & FINANCE
Appointment to become effective November 1, 1991 in the Department
of Administration and Finance, Division of Parking Enforcement, Laborer I,
seasonal at the starting salary of $5.98 per hour.
Edward P. Smith 101 Parkview Buffalo, NY 14210
James P. Fahey 21 Amber Street Buffalo, NY 14220
FROM THE COMMISSIONER OF HUMAN RESOURCES
Appointment to become effective November 1, 1991, in the Department
of Human Resources, Division of Substance Abuse, Diane M. Hempling, 78
Hollywood Ave., Bflo, NY to the position of Case Manager, Permanent,, at the
starting salary of $19,757.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 71
BENEDICT HOUSE OF WESTERN NEW YORK, INC.
WORLD AIDS DAY
We are affiliated with AIDS service providers organizations. As
you may know, Sunday, December I, is World AIDS Day, observed internationally.
Here in Buffalo, our organizations are involved in planning various events
marking this important day. Across the nation and elsewhere around the world,
private and official observances and activities will commemorate an
international struggle to help stop the AIDS crisis directly affecting millions
of people and, less immediately, countless others.
We are interested in making this city a more important part of this
international effort. We are asking the Common Council to respond to this
important date by extinguishing the lights illuminating the City Hall building
between the hours of 6:00 PM. and midnight. Such a commemorative act has been
the feature of activities in other cities in the country and would effectively
symbolize recognition of the costs of this epidemic and our common
responsibilities to respond humanly and cohesively.
We ask that this matter be included on the next Council agenda.
MR. FAHEY moved:
That the communication from the representatives of the Benedict House of
Western New York, the Niagara Frontier AIDS Alliance and Act-Up Western New
York, dated November 7, 1991, be received and filed; and
That in international observance of World AIDS Day the lights
illuminating City Hall be extinguished between the hours of 6:00 PM and
midnight on December 1, 1991 to symbolically recognize the costs of the AIDS
epidemic and common responsibilities to respond humanly and cohesively.
ADOPTED.
No. 72
H. DICK, JR.
Complaints on Property Next to 2555 Main St.
I would like to call to your attention the conditions I, as a
business owner and taxpayer, have had to endure for the last two years.
The property next to our home at 2555 Main Street was sold to Donald C Roberts
two years ago, and since that time, he has become an absentee landlord. He has
done next to nothing with the property to improve the appearance. He doesn't
out the grass, repair broken windows or finish cutting the bushes in the front
of the house which I have repeatedly asked him to do
Last fall, I asked that he trim the bushes, which are like trees, he did make
an attempt and placed the cuttings in the back yard. I was told they would be
picked up in a few days, they are still there, dried and subject to fire, not
to mention what might be living under them, I have also told him about the
garbage which gets left uncanned in the yard, notice the uncovered can in the
picture.
Our properties are less than four feet apart and my clients have repeatedly
mentioned the appearance of his property. Since I can get no satisfaction from
Mr. Roberts, I am calling on you, our councilman for help.
The City Council needs to crack down on these absentee landlords who let the
properties become eyesores while collecting high rents (Mr. Roberts collects
$900. a month From the tenants) Neighbors who do keep their property up and pay
their taxes should not have to put up with this.
I urge you to call me and stop and inspect what we have had to put up with for
two years.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS
AND COMMUNITY REVITALIZATION.
No. 73
KENSINGTON- BAILEY AREA PLANNING COMMITTEE, INC.
Reopening of "Big Play"
2983 Bailey Avenue
At the Kensington-Bailey Area Planning Committee, Inc.'s Board
of Directors meeting last night, the Board unanimously opposed the reopening of
2983 Bailey Avenue as a bar and restaurant.
The following members were in attendance: Peter J. Zanghi, Joseph
Felicetta, James F. Ballosh, Edmund BIas, Edward Daniels, Pearl Toeilner, Peter
Juliano, Robert Grimm, Ralph Hernandez, Edward McDonald, Jeanette Putman,
Norris C. Locke and Pascal V. Mazuca.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 74
KENSINGION-BAILEY N.H.S.
Liquor License Request
2983 Bailey Ave.
Per the request mailed to the office of Kensington-Bailey Neighborhood
Housing Services, I am offering our comments on the request for approval of a
liquor license for 2983 Bailey Avenue. I would like to emphasize that the need
for some form of continued community input is essential.
2983 Bailey Avenue is the site of the former Jerry Butler's Big Play. A
number of public meetings have been held in the past to gain the opinions and
concerns of neighborhood residents, I am listing the concerns voiced by members
of the community for the committee's review.
1) Noise - Patrons who, on their way to or from the bar, have made noise
that disturbed the residents. However, the greater concern of many has been
both the volume and pitch of the music. None of the past operators has
satisfactorily been able to resolve these issues,
2) Garbage and Rats - Garbage was allowed to accumulate in the back, Rat
infestations became a serious concern, Previous community requests have been
made to have a dumpster on site with twice a week pick-ups.
3) Parking - There is limited off-street parking available for patrons.
Most have parked on Bailey Avenue, but many have used the side streets, In the
past, there was a consistent pattern of illegal parking. Some residents
complained about their driveways being blocked; others were concerned that cars
parked on both sides of the street would make it difficult for emergency
vehicles to get through.
4) Security - Fights and excessive noise have been community concerns
both inside and nearby the Big Play. Residents in the past have asked for
security both inside and near the surrounding streets,
5) Snow Removal - Concerns have been expressed about the clearing of the
sidewalks when it snows,
Kensington-Bailey Neighborhood Housing Services works closely with
businesses in our neighborhood, We do not want to create any impediments for
business; however, we want to insure that the community's concerns are heard,
Thank you for this opportunity to present our concerns. If you have any
questions, please feel free to contact me at 836- 3600,
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 75
JESSE KETCHUM MEMORIAL FUND
Annual Report
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith
submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to
the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school having an eighth grade class have
submitted the names of those students who are members of the graduating class
who have ranked highest in scholarship in their group.
Gold medals and certificates will be awarded to the two students ranking
highest and second highest in the entire city as provided for in the current
rules for awarding honors. Bronze medals and certificates will be awarded to
those students ranking highest in the eighth grades of their respective
schools. Awards will be presented on a special telecast over WIVB, Channel 4.
For the 1991 school year, a total of forty-five schools awarded fifty one
medals and certificates. A list of the winners is enclosed for your records.
Also, a copy of the financial report by the Treasurer, Ms. Geraldine
Sims, for the fiscal year ending June 30 1991 is also enclosed.
RECEIVED AND FILED
JESSE KETCHUM MEDAL WINNERS 1991
1st CLASS GOLD MEDAL WINNER
Laible, Brian, 522 Plymouth Ave., School 18 M 13 99.00
2nd CLASS GOLD MEDAL WINNER
Jones, Desmond 46 Oberlin Ave., Lincoln Academy M 14 97.50
1st CLASS BRONZE MEDAL WINNERS
Boyd, Theresa 42 Cypress St., Indian Park Academy F 13 86.75
Budniewski, Bryan L. 20 Academy Rd., Futures Acad. M 93.00
Carlson, Robert J . 36 Lafayette Ave.Campus East M 14 92.50
Cedeno, Andy 338 Mystic St. , 14220 Triangle Academy M 14 94.00
Coolidge, Lisa 102 Armin PI., Hillery Park Acad. F 13 88.50
Cortes, Rosalynn 38 Harvey PI. Bilingual Magnet F 14 95.75
Crane, Amy 148 Pries Ave., Academic Challenge F 14 91.25
Cunningham, Rashanda L.626 Lisbon Ave., School 80 F 13 92.50
DiGiacomo, Victor F.399 Hewitt Ave., Dr.King Multi. M 13 88.25
Durand, Anitra 153 Winspear Ave., Campus North F 13 95.75
Ellis, Colleen A. 382 Plymouth Ave., School 77 F 13 91.75
Fitzgerald, Brian P. 287 Depew Ave.Waterfront M 14 95.50
Galindo, Tisbe D. 784 E. Amherst St.,West Hertel Acad. F 13 94.50
Gambino, Lean M. 325 Bedford Ave.F.L. Olmsted F 14 97.00
Hill, James E. 53 Schuele Ave., West Hertel Academy M 13 93.25
Hooftallen, Kevin P. 69 Rogers Ave., School 71 M 14 95.25
Holmes, Earl J. III 106 Gerald Ave., School 81 M 13 93.75
Hutcherson, Tameka V. 37 Freeman.,Houghton Acad. F 14 90.75
Hyman, Kiante L. 17 Frankfort Ave., Performing Arts F 13 96.00
Jones, Kelly N. 103 E. Amherst St., Poplar St. Academy F 13 83.75
Knill, Timothy 33 Archer Ave., Southside M 13
94.00
Lee, Stephen 50 Tudor PI., City Honors M 13 98.00
Leffew, Bradley E. 51 Gallatin., Riverside Academy M 14 95 .00
Licht, Jason M. 2126 Niagara St., Follow Through M 14 96.00
Link, Shaleeya 464 W. Utica Ave., Frank A. Sedita F 13 91.75
Maldonado, Neshma 292 W. Tupper., H. Badillo F 14 93.75
Mrozek, Michelle L. 340 Mackinaw St., School 4 F 14 89.50
Myers, Garynique S. 39 Mapleridge Ave., School 74 F 14 84.25
Parmer, Sherita 405 Glenwood Ave., School 53 F 13 91.00
Pawlak, Hadley E. 634 Amherst St., Campus West F 13 97.75
Pilato, Michele J. 357 Shirley Ave., Traditional F 14 95.50
Raimondo, Gary Jr. 230 Auburn Ave., School 45 M 13 94.25
Ramos, Sonia N. 513 West Ave., Black Rock Acad. F 14 95.25
Reynolds, Deborah 4 St. Martins ., Red Jacket Acad. F 14 84.50
Richardson, Jermail 52 Seventh St., School 45 M 13 94.25
Rogers, Michael P. 94 Surfside Dr., School 84 M 15 90.75
Roland, David 1335 Sycamore St., Lincoln Acad. M 14 95.50
Rudniski, Alexander D. 137 W. Delavan., Native Amer. M 13 95.00
Scheifla, Albert II 118 Chatham Ave D'Youville-Porter M 14 93.25
Seiflein, John P. Jr. 97 Fennimore Ave., School 68 M 14 88.75
Smith, Christine 57 Leland Dr., Southside F 13 95.25
Smith, Kathleen, 21Eaglewood, Science Magnet F 13 96.75
Sperando, Margherita, 71 Smith St., Roosevelt Acad. F 13 95.00
Stanbro, Jeffrey, 232 Norwood, BUILD Acad., M
13 92.25
Stanley, Christian, 146 Saranac. No. Park Acad. M 13
95.50
Torrez, Bradley, 401 N. Ogden, 43 Academy M 13
93.00
Tran, Oanh, 110 Ludington 43 Academy F
15 95.25
Tulbert, Eve, 160 Huntington, City Honors F
13 97.00
Young, Tamarr 352 Adams, Lorraine Acad. M 13
93.25
No. 76
STATE LIQUOR AUTHORITY
94 3 ERIE OP 03977 252
Essie Scales dba Club Kilimanjaro
2957 Bailey Avenue Buffalo, New York 14215
In response to your directive of October 30, 1991 received by
the Licensing Board November 4, 1991, please be advised that the Licensing
Board will review all applications in accordance with the requirements of the
ABC Law and the Rules and Regulations of the New York State Liquor Authority.
If the members of the Council have specific concerns and/or objections to the
issuance of a license at this premises, the Authority will give full
consideration to such. It would, therefore, be beneficial to present same to
the Zone III Licensing Board as soon as possible.
If you have any questions regarding this matter, I am available to discuss same
at your convenience. This and any application will be processed and reviewed
in compliance with Local, State, and Federal requirements as they pertain to
the applicant and the provision that issuance of a license serves public
convenience and advantage.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 77
NYS DEPT. OF ENVIRONMENTAL CONSERVATION
Update-Lint Emissions-
300 Northampton
This is in response to your letter of October 9, 1991 in which
you requested an update as to what action has taken place to rectify the
problems concerning lint emissions from the Pendrick Laundry located on 300
Northampton Street.
The firm has instituted temporary measures to correct emissions of the
lint fallout problem. Investigations by a member of my Air staff indicate that
these measures have been effective. They have also begun construction of a
more permanent solution which will be completed shortly.
If you have any further questions on this matter, please give me a call
at 847-4565.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 78
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Relocation Info-506 Masten
First I would like to thank you and your committee members for
the opportunity to explain the NFTA's reasons for wanting to acquire the public
right of way adjacent to 29 Morley Place. We are happy to submit for your
consideration and distribution to Councilman Collins, the enclosed meeting
minutes and correspondence with regard to our dealings with Mrs. Hattye Godwin.
These include meeting minutes prepared by our relocation specialists as well
as correspondence between my office and Mrs. Godwin's attorney, Ms. Cornelia
Farley. We believe that this information demonstrates that we have been
courteous and considerate of her rights as a homeowner neighboring an NFTA
facility.
We do not take lightly the fact that Mrs. Godwin has resided in her
residence at 506 hasten Avenue in excess of 40 years and we do appreciate,
given her long tenure at this address, that any relocation, no matter how
financially beneficial it may be, is one that could cause a great deal of
stress and uneasiness. This is the primary reason why we have not pressed the
issue with Mrs. Godwin and have told her that if and when she is ready to
discuss her decision with regard to the sale of her residence, she should
contact us. One of our relocation consultants, Mr. Murray Abbott, had informed
me just prior to your Committee hearing that Mrs. Godwin had in fact called him
the week of October 14 stating that she was still interested in selling her
residence.
In response to the specific suggestion that the Authority would
ultimately proceed with condemnation of Mrs. Godwin's house if she were
unwilling to voluntarily sell it, we believe the correspondence attached
clearly demonstrates that this is not the case. In addition you will also note
that although Mrs. Godwin's house was appraised at approximately $17,000, my
office authorized our relocation consultant to show Mrs. Godwin homes in the
$40,000 range.
The value differential between the appraised amount of $17,000 and the
fact that safe, decent, and sanitary housing for Mrs. Godwin would more than
likely cost approximately $40,000 is a result of two separate appraisal
methods. The initial evaluation done by two separate appraisers, Mr. Howard
Schultz and Mr. Millson Bassett, and reviewed by Northeastern Appraisals was
based on comparable sales of similar type residential units within the Masten
Avenue neighborhood. These appraisals were done at the curbside and the
appraisers were not aware at that time of any interior improvements or any
rental units within the property.
Subsequently upon my meeting with Mrs. Godwin on April 19, she informed
us that she had two tenants; one who paid her $250 per month for the upper flat
and another who paid $150 per month for the rear cottage. This combined $400
per month income would indicate an economic value of Mrs. Godwin's residence of
approximately $40,000. This was the basis for directing the relocation
consultant to help Mrs. Godwin find a replacement home of her choice within
that price range.
We hope the information supplied with this letter will be helpful in your
deliberations with regard to our request. We have also requested of the
General Manager of Engineering, Mr. Walter Zmuda, that they contact Councilman
Collins to arrange a meeting to discuss the overall plan associated with the
Cold Spring Bus Garage project. If you or any of the Committee members require
any additional information or if further discussions are required, we are
available at your convenience.
RECEIVED AND FILED.
No. 79
R. NOLA
Offer to Purchase Surplus Wooden Table
I am interested in purchasing an old wooden table which is presently
in the North District Council office.
The City Clerk has deed it surplus inventory and no longer on the
inventory list. The table is in disrepair an has no trade-in value.
I am offering $ $15.00 for the table.
MR. FAHEY moved:
That the communication from Roberta Nola, dated October 30, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to sell to Roberta
Nola, a surplus wooden table, located in the North District Council Office for
the sum of $15.00 (Fifteen Dollars).
PASSED.
AYES- 12 NOES- 0.
No. 80
BARBARA ROWE
Education Access on Cable
in regard to the franchise renewal with TCI, it is important to
consider the implications of the process for education access. As a member of
the Public Access Policy Board and a member of United Parents, I have been
wrestling with the question: What is Education Access?
Education access is the use of a channel or multiple channels provided by the
cable operator for educational institutions in the municipality served.
Just as every community differs in it's makeup and character, so too do the
educational access stations that are activated. Some examples:
In Vancouver, WA, six channels are used for this purpose. They are managed by a
consortium consisting of 3 school districts, 2 state schools (one of which is
for the deaf and blind), 4 parochial schools, and 2 colleges.
Educational access is the major Communication link for the schools in
Vancouver. It is a source of curriculum support, used more extensively than
computers. One of the channels is a discreet channel. It is used for teacher
inservice and is scrambled for general public. For example, a new testing
procedure was to be implemented on short notice and needed to be introduced to
the entire teaching faculty. This would ordinarily involve a significant
expense and a time consuming process. Staff made a 20 minute tape explaining
the new test and broadcast it on the discreet channel at different times which
was ultimately an economical and efficient way to accomplish the task.
In Sacramento, educational access is also managed by a consortium. "Educational
access is more than programming meaningful educational productions on its cable
channels...and producing local programs. Educational access also entails
providing a comprehensive service for all its membership - from Kindergarten
through 12th grade school districts, from community colleges to universities,
from teleconferences and
inservices for "teachers and administrators to the home viewer not necessarily
connected to any of these established educational groups."
Some of the programming at LISD-TV in Lubbock, TX includes:
-an extensive video bulletin board: a fast, daily updated information source. (
appx. 2 pages per school, announcements on a daily basis, lunch menus, student
of the month,-parent meetings, school closings, sports schedules, etc.)
-daily newscast by high school students
-live call-in show with the superintendent
-monthly show by special education. Administrators
-gavel to gavel live coverage of school board meetings and public hearings.
-home work hotline
-Jr. high academic game show, questions from achievement tests.
Both Lubbock, TX and Vancouver, WA have experienced significant increase in
parental involvement due to education access. In Ft. Wayne, IN, the manager of
the education access station calls it a "window into the education system".
The franchise renewal stage is a fertile time to get people 'thinking about the
potential of education access.
To realistically determine what our future cable related needs are for
education access I suggest that the Common Council create a committee made up
of representatives from each of Buffalo's educational institutions: Buffalo
Public Schools, private and parochial schools, colleges, University of Buffalo,
community colleges and the public library. This committee should also be
represented by active parent organizations.
Charge this committee with investigating the potential role of education access
here in Buffalo and making recommendations to the Council for the franchise
renewal.
By taking this action, the Council will ensure that the needs of this city are
met and will give the opportunity for growth of our education system and the
community at large.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE BOARD OF EDUCATION
No. 81
TCI OF NEW YORK
Test & Evaluation Report
Performed at TCI
I am forwarding a copy of the New York State Commission on
Cable Television, Test and Evaluation Report that was performed at TCI of New
York, Inc. on September 9 and 10, 1991. This should be placed into the record
for franchise renewal purposes.
REFERRED TO THE SPECIAL COMMITTEE ON CATV
No. 82
DENIS WOODS
Resignation from BCAM Board
I regret very much that I must resign from the Board of Buffalo
Cable Access Media.
After a closer look at my other responsibilities, and with a better
understanding of what BCAM will ask of its Board members, I doubt that I would
be able to give BCAM the attention that it needs and deserves. Rather than
's work, 1 think it is
occupy a place on the Board without getting involved in BCAM
better that I step aside now, sooner rather than later.
's invitation to me to serve on its Board. You can be sure that I will
I am most grateful for BCAM
continue to support public access.
RECEIVED AND FILED.
PETITIONS
No. 83
R. Van Slyke owner, petition to use 217 North St. for a
laundromat/arcade/restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 84
Bflo. Columbus Hospital, owner, petition to use 296 Niagara St. for a Pole
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 85
E.C.I.D.A., owner, petition to use 998 Broadway for a Pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 86
MRS. C. JOLSON AND OTHERS REQUEST CRIME WATCH SIGNS ON WOODLAWN AT FILLMORE.
Mr. Fahey moved:
That the petition submitted by Mrs. C. Johnson and other citizens of the
Woodlawn Avenue Block Club be received and filed; and
That the Woodlawn Avenue Block Club be and hereby is included in the
Neighborhood Crime Watch Program; and
That the Mayor be, and he hereby is, authorized to cause the appropriate
city department personnel to place a Crime Watch sign on Woodlawn Avenue at
Fillmore Avenue facing Humboldt Parkway.
PASSED
AYES-12 NOES- 0.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 87
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
(ITEM NO. 189, C.C.P., SEP. 3, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Pitts now moved that the above item be recommitted to the Committee on
Civil Service.
ADOPTED.
No. 88
SALARY ORDINANCE AMENDMENT
ONE DEPUTY DIRECTOR OF SUBSTANCE ABUSE SERVICES
(ITEM NO. 74, C.C.P., SEP. 17, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. PITTS moved:
That the above item be and the same is received and filed.
ADOPTED.
.
No. 89
JOB DESCRIPTION
DIRECTOR OF SUBSTANCE ABUSE SERVICES
(ITEM NO. 60, C.C.P., OCT. 15, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
MR. PITTS moved:
That the above item be and the same is received and filed.
ADOPTED.
No. 90
Consolidation of Drug Abuse Services
Item 161 CCP Oct 15, 1991
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Drug Consolidation of Drug Abuse Services/Response
Item# 47 CCP Oct 29, 1991
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
K. O'Grady & O- Favor R. McGurn's Appointment
Item # 66 CCP Oct 29, 1991
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Notices Of Appointments (C.Clerk)
(Item # 58 CCP Oct 29,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 94
ODYSSEY CLUB - LEASE
1415 FILLMORE AVENUE
(ITEM NO. 78, C.C.P., OCT. 15, 1991)
That the Comptroller be, and he hereby is authorized to negotiate
with Amy Mills, President of the Odyssey Club, 715 Delaware Avenue, Buffalo,
New York for the lease of 1415 Fillmore Avenue and report to this Honorable
Body the results of such negotiations.
ADOPTED.
No. 95
TRANSFER OF 346 AUSTIN
TO THE DIVISION OF REAL ESTATE
(ITEM NO. 48, C.C.P., OCT. 29, 1991)
That the Comptroller be, and he hereby is authorized to undertake
all necessary procedures to transfer 346 Austin Street from the Department of
Human Resources, Division for Youth, to the Department of Audit and Control,
Division of Real Estate, for disposition.
Mr. Collins now moved to recommit the above item to the Committee on
Finance. Seconded by Mr. Zuchlewski.
ADOPTED.
No. 96
S. DAUGHTRY - CANCEL GRASS
CUTTING CHARGES 1546 & 1548 JEFFERSON
(ITEM NO. 74, C.C.P., OCT. 15, 1991)
That the Commissioner of Streets Sanitation and/or the Commissioner
of Assessment be, and hereby are authorized to cancel grass cutting charges
assessed against 1546 and 1548 Jefferson Avenue in the total amount of $100.00.
PASSED.
AYES- 12 NOES- 0.
No. 97
Cancel Grass Cutting Charges/1546 Jefferson (Assmt)
(Item # 20 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
C.Manganello//Claim For Wages Due
(Item # 75 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
C Mangello/Claim For Wages Due (C.Clerk)
(Item # 53 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Autumn Industries//Kingsley Park remediation Info.
(Item # 84 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Autumn Industries//Kingsley Park Remediation Info (EMC)
(Item # 14 CCP Oct 1,1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
Seconded by Mr. Pitts.
ADOPTED.
No. 102
Report Of Audit//General Services (Compt)
Item# 26 CCP Oct l, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Reply to Audit (GS)
(Item # 50 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Balance Sheets For 8 Months Ending 2/29/91 (Compt)
(Item # 12 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 105
430 NIAGARA ST. ASSOC., OWNER, PETITION TO USE
430-440 NIAGARA STREET FOR A STORE
(ITEM NO. 72, C.C.P., OCT. 29, 1991)
That after a public hearing held before the Committee on Legislation
on November 6, 1991, the petition of 430 Niagara Street to use 430-440 Niagara
Street for a store, be and the same hereby is approved.
PASSED
AYES- 12 NOES- 0.
No. 106
MICHAEL DRISCOLL, OWNER, PETITION
TO USE 256 ALLEN FOR A SIT-IN RESTAURANT/I APT.
(Item No.. 73, C.C.P., OCT. 29, 1991)
That after a public hearing held before the Committee on Legislation
on November 7, 1991 the petition of Michael Driscoll to use 256 Allen for a
sit-in restaurant and l apartment, be and the same hereby is approved.
Mr. Coppola moved to recommit the above item to the Committee on Legislation.
Seconded by Mr. Collins.
ADOPTED.
No. 107
RAMESH CHAINANI, OWNER, PETITION TO USE
1122-1124 ELMWOOD FOR A TAKEOUT RESTAURANT
(Item No. 113, C.C.P., 10/15/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation. Seconded by Mr. Amos.
ADOPTED.
No. 108
R. CHAINANI - REQUEST TO CONVERT
1122-1124 ELMWOOD AVENUE TO A
TAKEOUT RESTAURANT
(ITEM NO. 48, C.C.P., 10/15/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola moved to recommit the above item to the Committee on Legislation.
Seconded by Mr. Pitts.
ADOPTED.
No. 109
R. CHAINANI - REQUEST TO CONVERT
1122-1124 ELMWOOD AVENUE TO A
TAKEOUT RESTAURANT
(ITEM NO. 4, C.C.P., 10/15/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation. Mr. Coppola now moved to recommit the
above item to the Committee on Legislation. Seconded by Mr. Pitts.
ADOPTED.
No. 110
S. Aldhara//Use 914 Elmwood/Restaurant
(Item # 87 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
S.Aldhara//E.A.F. 914 Elmwood (CD)
(Item # 60 CCP Oct 1. 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
G. Buchanan//Use 67 Elmwood/Tattoo
(Item # 96 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI--11-NOES-ARTHUR-1-
No. 113
G. Buchanan//E.C. Health/Information On Tattoo Parlors
(Item # 98 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
RESTAURANT/DANCING CLASS I LICENSE
652 SOUTH OGDEN
(ITEM NO. 24, C.C.P., OCT. 29, 1991)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class I License to Michael Desiderio, Jr., proprietor of
Impaxx of Buffalo Inc. 652 South Ogden Street, and the same be, and hereby is
approved.
PASSED.
AYES- 12 NOES- 0.
No. 115
CLOSING AND ABANDONMENT OF A
PORTION OF MORLEY PLACE
(Item No. 59, C.C.P., 9/3/91)
That that portion of Morley Place as more particularly described
in the above item be closed and abandoned and that the Comptroller be and he
hereby is authorized to negotiate with the Niagara Frontier Transportation
Authority for the purchase of said portion of Morley Place and report the
results of said negotiations to this Honorable Body; and
That said closing and abandonment be subject to the following conditions:
That the closing and abandonment shall not become official until the
Niagara Frontier Transportation Authority has acquired title to all the
abutting property; and
That proper agreement for permanent easements be reached with all public
and private utility companies presently having underground services within the
right of way of said portion of Morley Place; and
That the final closing and abandonment of said portion of Morley Place
does not take place until the deed conveying said parcel from the City to the
Niagara Frontier Transportation Authority has been recorded and filed in the
office of the Erie County Clerk.
PASSED
AYES- 12 NOES- 0.
No. 116
Abandonment & Closing Of Portion Of Morley Place (Fire)
(Item # 46 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Abandonment & Closing Of A Portion Of Morley Place (CC)
(Item # 53 CCP Sep 17, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Abandon Portion Of Morley (CPBD)
(Item # 9 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Abandon Portion Of Morley (Police)
(Item # 51 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
CLOSING AND ABANDONMENT OF A
PORTION OF AMELIA STREET
(Item No. 33, C.C.P., 10/15/91)
That that portion of Amelia Street as more particularly described
in the above item be closed and abandoned and be made available to the
Department of Inspections and Community Revitalization for residential
development; and
That said closing and abandonment be subject to the following conditions:
That the closing and abandonment shall not become final until agreements
for permanent easements are reached with all underground public and private
utilities presently within the right-of-way of said portion of Amelia Street;
and
That the final closing and abandonment of said portion of Amelia Street
does not take place until the deed(s) conveying said parcel is filed in the
office of the Erie County Clerk.
PASSED
AYES- 12 NOES- 0.
No. 121
Abandon Portion Of Amelia (CPBD)
(Item # 9 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Abandon Portion Of Amelia (Police)
(Item # 26 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
ORDINANCE AMENDMENT
CHAPTER 216, SECTION 216-15, ARTICLE VII
COLLECTION REGULATIONS
(ITEM NO. 146, C.C.P., OCT. 29, 1991)
That the Ordinance Amendment as contained in Item No. 146, C.C.P.,
October 29, 1991 be and the same hereby is approved.
PASSED
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PITTS,
ZUCHLEWSKI- 9 NOES-- AMOS, ARTHUR, PERLA- 3.
No. 124
NYSDEC//Pendrick Laundry-Polution Violation 300 Northhampton
(Item # 84 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation. Seconded by Mr. Pitts.
ADOPTED.
No. 125
Appointment/ Buffalo Board Of Education/East District (CC)
(Item # 29 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 126
Hearing - Major Plan Change
Waterfront Redevelopment Project- Disposition of Parcel 20
Area
(Item No. 40, C.C.P. October 29, 1991)
That the above item be and hereby is returned to the Colon 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- Harry Hoffert, Department of Community Development.
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts.
CARRIED.
MR. FAHEY moved that the communication be received and filed, and that
WHEREAS, the Urban Renewal Plan for the Waterfront Redevelopment Project
NYR-35 was duly approved by the Common Council on October 22, 1963 and
subsequently amended; and
WHEREAS, the Common Council has the power to amend this Plan pursuant to
Section F, "Procedure for Changes in the Approved Urban Renewal Plan and
WHEREAS, the City of Buffalo and/or the Urban Renewal Agency has entered
into a Loan and Capital Grant Contract #NYR-35 (G & L) with the United States
of America; and
WHEREAS, the City Planning Board, after holding the required public
hearing has approved the proposed major modifications of the Plan; and
WHEREAS, a public hearing was held by the Common Council;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Buffalo:
1. That the Urban Renewal Plan for the Waterfront Redevelopment Project
NYR-35 dated October 22, 1963, as amended, is hereby modified in accordance
with the recommendations of the City Planning Board;
2. That the Urban Renewal Plan as modified, and herein
made a part of these proceedings has been duly reviewed, considered and is
hereby approved;
3. That the Commissioner of Community Development is hereby authorized to
make such modifications in the maps, which are a part of the Urban Renewal Plan
to accurately reflect detailing as may be required;
4. That the Commissioner of Community Development is hereby directed to file a
copy of the Urban Renewal Plan for the Waterfront Redevelopment Project NYR-35
as herein modified with the City Clerk.
5. That the Mayor is hereby authorized to Execute any deeds or other documents
as approved by the Corporation Counsel.
PASSED
AYES- 12 NOES- 0.
RESOLUTIONS
No. 127
BY: MR. ARTHUR
NAME HOUGHTON PARK SHELTER HOUSE TONY HOJNACKI
CENTER
WHEREAS: Anthony Hojnacki, a native Buffalonian and respected
and dedicated employee of the Buffalo Parks Department for 28 years, died on
Sunday, October 20, 1991; and
WHEREAS: Tony's impact on local amateur athletics was extensive. He was a
member of the Western New York Track and Field and Cross Country Officials
Association, was Chief of Scheduling for the Buffalo Softball League Inc., was
active in the old MUNY softball and basketball leagues, taught physical
education at several parochial schools and coached children's sports at St.
Casimir Catholic Church; and
WHEREAS: Houghton Park was Tony's home away from home. A fixture at the park,
Tony's love of sports brought him to Houghton as an observer as often as an
official. His gentlemanly demeanor, engaging personality and unyielding
integrity earned him the respect of all fortunate enough to have shared his
friendship; and
WHEREAS: A fitting tribute to Anthony Hojnacki, who served the city as a
recreation instructor, community house supervisor and administrative assistant
to the recreation director, would be to name the shelter house at Houghton Park
in his honor; NOW, THEREFORE BE IT RESOLVED:
That the shelter house at Houghton Park be named the "Tony Hojnacki Shelter
House"; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to prepare and submit to this Honorable Body a
Notice of Intention pursuant to Chapter 286 of the Code of the City of Buffalo.
ADOPTED.
No. 128
BY: MR. BAKOS
DEDICATE NEW STREET/WALDEN PARK DEVELOPMENT
WHEREAS: Walden Park Associates is in the process of purchasing
a parcel of city owned land south of Walden Avenue and adjacent to the city
line; and
WHEREAS: The purpose for the purchase of this land is the construction of a 150
unit senior citizens development; and
WHEREAS: This parcel is presently land locked; and
WHEREAS: In order to proceed with this development and to provide access to the
site, it will be necessary for this Council to dedicate the attached described
parcel for public street purposes; and
WHEREAS: The suggested name for this new street is Bakos Boulevard.
NOW, THEREFORE, BE IT RESOLVED:
That this Council dedicates the following described parcel of land for public
street purposes:
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie
and State of New York, being Part of Lot 42, Township 11, Range 7 of the
Holland Land Company survey and being further described as follows:
Beginning at a point on the south line of Walden Avenue, a distance of 721.93'
west of the east line of the City of Buffalo, said point also being the
northwest corner of Sublot 1 of Map Cover 325 as filed in the Erie County
Clerk's office; thence westerly along the south line of Walden Avenue a
distance of 66.00' to the northeast corner of Sublot 29 of Map Cover 325;
thence south along the east line of said Sublot 29, a distance of 150.00' to
the southeast corner of Sublot 29, and the northeast corner of lands of the
City of Buffalo; thence southerly along the east line of lands of the City, of
Buffalo at an interior angle of 180 degrees-00', a distance of 130.55' to a
point; thence southeasterly along the easterly line of the City of Buffalo at
an interior angle of 161 degrees-54'-15'"I, a distance of 349.20' to a point;
thence southerly at an interior angle of 198 degrees- 24'-30", a distance of
253.48' to a point; thence easterly at an interior angle of 90 degrees- 00' a
distance of 525.62' to the east line of the City of Buffalo; thence northerly
along said east line, a distance of 60.89' to a point; thence westerly at an
interior angle of 80 degrees-00'-55" a distance of 476.00' to a point; thence
northerly at an interior angle of 270 degrees- 00' a distance of 203.20' to a
point; thence northwesterly at an interior angle of 161 degrees-35'-30", a
distance of 349.37' to a point; thence northerly at an interior angle of 198
degrees -05'-45" a distance of 120.99' to a point; thence easterly at an
interior angle of 270 degrees -00', a distance of 6.00' to the southeast corner
of Sublot 1 of Map Cover 325; thence north along the west line of said Sublot 1
a distance of 150.00' to the point of beginning, containing 1.89 more of less
acres.
PASSED
AYES- 12 NOES- 0.
No. 129
BY MR. BAKOS
SET PUBLIC HEARING:
Walden Park Senior Bornsing Complex
Approval of Land Disposition Agreement Walden Park Associates
WHEREAS, Walden Park Associates and/or other legal entity to be
Redeveloper has been duly designated as qualified and eligible
formed (herein referred to as the
Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"; and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of a one hundred and fifty unit
residential building consisting of approximately 120,000 square feet known as
the Walden Park Senior Housing Complex in the Community Wide Urban Renewal
Demonstration Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
l. That the City Clerk is hereby directed to publish the notice attached
in the Buffalo News, no later than the 15th day of November 1991.
hereto and marked "Notice of hearing
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Nearing" at 2:00 o'clock PM. in the Council Chambers
on the 26th day of November 1991.
ADOPTED
No. 130
BY: MR. COLLINS
REQUEST GOVERNOR CUOMO TO ACT ON LEAD IN SOILS
WHEREAS: Earlier this year this Common Council passed a resolution
(Item 196, C.C.P. March 19, 1991) which requested the NYSDEC to provide an
accurate assessment of background levels of lead in Buffalo's soils and to
establish a priority action level for lead in soils which would trigger
remedial action when it is surpassed; and
WHEREAS: This resolution was based on the formidable health impacts of lead and
was passed after the DEC refused to clean up known lead "hot spots" as part of
the Diarsenol - Kingsley Park hazardous waste site remediation; and
WHEREAS: Without a scientific determination of current background lead levels,
it is possible for amorphous "high urban lead levels" to be used as a
justification for ignoring lead in Buffalo's soils and that is an injustice
with profound implications for the development and health of our children; and
WHEREAS: As noted in the original resolution there are precedents from other
states and from the federal government for establishing acceptable soil lead
levels; and
WHEREAS: The Departments of Health and Environmental Conservation have
responded to the Council's resolution with letters which rationalize State
inaction on the Council's request; and
WHEREAS: It is imperative that this Council not "drop the ball" on the issue of
lead in our environment and for that reason the Council wishes to make the
Governor aware of the fact that State Departments are not adequately bringing
their expertise to bear on this serious problem;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests Governor Cuomo to direct the Departments of
Health and Environmental Conservation to cooperate in providing an accurate
assessment of Buffalo's current background soil lead levels and in establishing
a priority action level for lead in soil which would trigger remedial measures
when it is surpassed; and
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send certified copies of this resolution to
Governor Cuomo, the Commissioners of the NYS Departments of Health and
Environmental Conservation, the Buffalo Environmental Management Commission,
the Take Lead Out of Children (TLC) Coalition, and the members of the Western
New York legislative delegation.
ADOPTED
No. 131
BY MR. COPPOLA
ESTABLISH DEPARTMENT OF STREET SANITATION OVERSIGHT COMMITTEE
Whereas : Article 3, Section 49 of the Charter of the City of
Buffalo authorizes the Common Council to conduct investigations, conferring
upon it the "power to issue subpoenas for witnesses to appear or to produce
books and papers before it, to administer oaths to witnesses and to examine
them and such books and papers." And,
Recent reports of excessive overtime, amounting to $500,000 in overtime
expenditures, in the Department of Street Sanitation have led to allegations of
misuse and malfeasance on the part of key Department of Street Sanitation
personnel; and
It has been reported that, despite the $500,000 in overtime costs, the city's
Snow Removal Fleet has not been properly maintained and prepared for the onset
of Winter and that a bad Winter could produce a situation where the City would
run out of overtime funds necessary to have its streets plowed and maintained.
NOW THEREFORE BE IT RESOLVED THAT;
This Common Council does hereby authorize the Council President, in accordance
with the powers granted by Article 3, Sec. 26 of the Charter of the City of
Buffalo, to establish a special Department of Streets Sanitation Oversight
Committee for the purpose of investigating: (l) the reasons for the $500,000 in
overtime expenditures incurred by the Department; (2) the accuracy of the
overtime charges that the City has incurred; (3) who authorized the overtime
for each and every individual listed on the overtime log; and (4) the condition
of the Snow Removal Fleet and whether maintenance of the Fleet has been
adequate to prepare for the onset of Winter.
BE IT FURTHER RESOLVED THAT:
The Oversight Committee is authorized to call any and all witnesses necessary
to its purposes, including, but not limited to: Ex-Commissioner James Makowski;
the Commissioner or Acting Commissioner of the Department of Street Sanitation;
any Division Heads in the Department of Street ; and any employees of the
Department. .
ADOPTED.
No. 132
BY: MR. COPPOLA
CHARGE BSA FOR USE OF ALL CITY PROPERTY
PERTAINING TO BSA USAGE
WHEREAS: The city of Buffalo is facing a severe financial crisis;
and
WHEREAS: This Common Council should review all properties being presently used
by the Buffalo Sewer Authority and consider if rent could be charged for this
usage.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests responses from Real Estate, Corporation Counsel,
and Administration and Finance on the possibility of charging the Buffalo Sewer
Authority rent for use of City of Buffalo property.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 133
BY: MESSRS. COPPOLA AND ZUCHLEWSKI
INVESTIGATE USE OF BICYCLES FOR POLICE PATROLS
WHEREAS: Eighty cities across the nation are presently using bike
patrols to increase their efficiency in law enforcement; and
WHEREAS: The city of Seattle, Washington, has utilized bike patrols since the
mid 1980's with tremendous success; and
WHEREAS: Mountain bikes have been proven a versatile, effective , and
cost-efficient alternative to patrol cars as they are able to patrol in areas
not readily accessible to motor vehicles; and
WHEREAS: Yearly maintenance of the bikes is approximately $120 per bike as
opposed to several thousand per motor vehicle, special training and licenses
are not necessary, public exposure to police officers increases, and arrest
rates increase; and
WHEREAS: Officers are equipped with a helmet, rain gear, bullet proof vest,
shammy shorts, halogen lights, extra hand cuffs for a bike lock, lighter nylon
belt with gun, collapsible baton, shoulder radio, first aide kit, and shoulder
carrier for the bike; and
WHEREAS: The city of Seattle presently has a waiting list of twenty-five
officers for the bike patrol; and
WHEREAS: This kind of patrol would be desirable in Buffalo's parks, along the
waterfront and Buffalo Place, and at special events not readily accessible by
motor vehicles.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council supports the idea of bike patrols and requests that the
Commissioner of Police investigate the use of such patrols in the City of
Buffalo as this could effectively increase police protection in city parks,
along the waterfront and Buffalo Place, and at special events.
ADOPTED
No. 134
BY MR. FAHEY
EMC RESPONSIBILITY FOR ENVIRONMENTAL ASSESSMENTS
WHEREAS: The New York State Environmental Quality Review Act (SEQRA)
requires an environmental assessment of every discretionary action approved,
funded or undertaken by governmental bodies in New York State; and
WHEREAS: The city's policy relative to SEQRA has been evolving over time and
attempts are being made to codify the policy in an ordinance amendment; and
WHEREAS: The Division of Planning has been very helpful in preparing
environmental assessments for Common Council adoption on those projects which
flow through the City Planning Board; and
WHEREAS: There are other Council actions, such as the authorization of bonds,
which do not flow through the Planning Board and it is not clear what body is
responsible for preparing environmental assessments for these actions; and
WHEREAS: There is great potential for abuse in the environmental review
process and it is important that the City set up a process which is above
reproach and acceptable to both the Mayor and the Common Council; and
WHEREAS: The Environmental Management Commission would be an appropriate body
to oversee environmental reviews as its members are appointed by the Mayor, the
Common Council and the Chamber of Commerce and its charge is to protect the
City's environment;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Corporation Counsel to draft an ordinance
amendment which places the responsibility for overseeing the City's
environmental review process with the Environmental Management Commission; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the Environmental Management Commission to file an
opinion of this proposed ordinance amendment including a projection of the
impact of this ordinance amendment on the staffing needs of the Commission.
ADOPTED
No. 135
BY: MR. FAHEY
CITY OF BUFFALO
LOCAL LAW NO _________ (1991)
INTRODUCTORY NO. 19 (1991)
A LOCAL LAW amending Section two hundred eighty-five point
eleven and two hundred eighty-five point twelve of the Charter of the City of
Buffalo in relation to the Director and Deputy Director of the Division of
Substance Abuse Services.
. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
..Section 1. That Section 285.11 of the Charter of the City of Buffalo,
adopted pursuant to law, be amended to read as follows:
Sec. 285. 11 a. Director of Substance Abuse.
Services.
The head of the division of substance abuse services shall be the
director of substance abuse services.
.Sec. 285. 11.b. Duties and Powers of the Director.
The director shall be responsible for administering all aspects of the
program; coordinates all program elements; executes all program changes;
maintains liaison with other city, county, state and federal agencies,
departments, and such other programs howsoever authorized or initiated, to
control the use of addictive substances.
Section 2. That Section 285.12 of the Charter of the City of Buffalo,
adopted pursuant to law, be repealed in its entirety and a new Section 285.12
be added to read as follows:
Sec. 285.12-a. Duties and Powers of the Deputy
Director.
The deputy director shall be responsible for administering all clinical
aspects of the New York state division of substance abuse services funded
programming; plans, coordinates and implements budgets for all New York state
division of substance abuse services director; coordinates all New York state
division of substance abuse services funded programming elements; and executes
all clinical program changes.
Sec. 285.12-b. Qualifications of the Deputy Director.
The deputy director shall possess a masters degree in business, public
administration, or in a mental health or human service discipline and four
years of full time experience in a public or private agency or program which
directly or indirectly provides substance abuse counseling; two years of which
must have been in an administrative or clinical capacity; or a bachelors degree
in business, public administration, or in a mental health or human service
discipline and six years of full time experience in a public or private agency
or program which directly or indirectly provides substance abuse counseling;
two years of which must have been in an administrative or clinical capacity; or
an equivalent combination within the above limits.
Sec. 285.-c. Committee of Substance Abuse Services.
There is hereby created a committee in the division of substance abuse
services to be designated as the committee of substance abuse services.
Sec. 285.-d. Duties and Power of the Committee.
The committee shall make recommendations to the mayor, the common
council, the commissioner of human resources, the director of [drug) substance
abuse services and other governmental or private agencies regarding:
(l) Institution of programs to control the use and abuse of addictive
substances;
(2) Education of the public about the effects and the dangers of the use and
abuse of addictive substances;
(3) Treatment and rehabilitation of persons using and abusing addictive
substances; and
(4) Further study of the impact of the use and abuse of addictive substances
upon individuals and society.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 136
BY: MR. FRANCZYK
EXCUSING COUNCIL MEMBER FRANCZYK FROM
NOVEMBER 12, 1991 COUNCIL MEETING
WHEREAS: On Tuesday, November 12, 1991, I will not be in Buffalo
and hence I am requesting to be excused from the regular Common Council
meeting scheduled for that day.
ADOPTED.
No. 137
BY MR. HIGGINS
COMMENTS ON THE HORIZONS WATERFRONT
COMMISSION DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT
WHEREAS: The Horizons Waterfront Commission (HWC) Draft Generic
Environmental Impact Statement (DGEIS) was accepted by the HWC Board on
October 16, 1991 and forwarded to the City of Buffalo on October 21, 1991 for
review and comment; and
WHEREAS: As a result of negotiations between the Common Council and
representatives from the city Administration, Secretary of State, and the
Horizons Waterfront Commission (HWC) on September 9 and 13, 1991, the City of
Buffalo Common Council approved amendments to the HWC Draft Action Plan (C.C.P.
1172, October 1, 1991) and forwarded said amendments to the HWC for
incorporation into the Draft Action Plan; and
WHEREAS: The HWC accepted the Common Council Amendments in whole and
subsequently completed the DGEIS considering the environmental impacts of the
proposed land uses; and
While the DGEIS reflects the spirit of the changes agreed to and subsequently
approved by this Common Council, the language and the illustrations in the
draft action plan reflect the original document as submitted prior to Common
Council action.
NOW THEREFORE BE IT RESOLVED:
That this Common Council respectfully requests the Horizons Waterfront
Commission to include specific language and illustrative changes to the Draft
Action Plan so as to conform with the Council action of October l, 1991. In
this way, the DGEIS is a more accurate analysis of the environmental impact of
the proposed
ADOPTED.
No. 138
BY: MR. HIGGINS
PROTECTION OF HEALTH AND SAFETY OF SANITATION WORKERS
WHEREAS: In separate incidents on November 6, 1991, two City sanitation
workers were punctured by needles while picking up refuse. This points out the
risk City Sanitation Workers are routinely exposed to while collecting
residential and commercial refuse containing syringes and other potentially
infectious waste; and
WHEREAS: Without proper and safe disposal methods of this material, sanitation
workers are unfairly exposed to health risks in the performance of their
duties; and
WHEREAS: The City of Buffalo has a responsibility not only to provide waste
collection services but to also take whatever measures necessary to reduce
safety risks of those who routinely handle that material.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests written comments and all relevant statistics
and information relating to the protection of Sanitation workers be filed with
this Council from the Acting Streets and sanitation Commissioner, Local 264
President John Scardino, the Erie County Health Commissioner, and the City of
Buffalo Law Department.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET SANITATION
AND LOCAL 264.
No. 139
BY: MRS. LoTEMPIO
ORDINANCE AMENDMENT
CHAPTER 167 - ELEVATORS
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section l. That 167-1 of Chapter 167 be amended to read as follows:
167-1. Definitions.
CONVEYANCE - Any elevator, dumbwaiter, escalator, or moving sidewalk[.]
,wheelchair lift, including vertical wheelchair lifts, inclined wheelchair
lifts and inclined stairway chairlifts.
LIMITED INSTALLERS LICENSE shall mean a written license, duly issued by the
Director of Licenses authorizing a person, firm or company to carry on the
business of erecting, constructing, installing, altering, servicing, repairing,
or maintaining vertical wheelchair lifts, inclined wheelchair lifts and
inclined stairway chairlifts within any building or structure, including but
not limited to private residences. The aforementioned wheelchair lifts and
chairlift must conform with the requirements of ANSl A171 Part XXI Sections
2100-2202 and may not exceed ten feet nor Penetrate a floor for private
residences and conform with the requirements of ANSI A171 Part XX Section
2000-2002 and may not exceed twelve feet nor penetrate a floor for conveyances
other than in private residences.
PENETRATE A FLOOR - shall mean to pass through or pierce the floor in such a
way that the rectangular opening has four contiguous sides.
PRIVATE RESIDENCE - shall mean a separate dwelling or a separate apartment in a
multiple dwelling which is occupied only by members of a single family unit.
Section 2. That 167-2, License Required, be amended to read as follows:
167-2. License Required.
A. No person, firm or company shall erect, construct, alter, install, service,
repair, replace or maintain any conveyance contained within buildings or
structures including but not limited to private residences within the City of
Buffalo or structurally a part thereof unless an installer's license has been
issued as described herein or working under the direct day-to-day supervision
of a person, firm or company who is licensed pursuant to this chapter[.]and
working under a person holding a NEIEP certificate.
B. No person, firm or company shall inspect any conveyance contained within
buildings or structures including but not limited to private residences within
the City of Buffalo or structurally a part thereof unless an inspector's
license has been issued as described herein [or working under the direct
day-to-day supervision of a person, firm or company who is licensed pursuant to
this chapter.]
Section 3. That 167-6, Application for installers or inspector's
license, be amended to read as follows:
S 167-6. Application for installer's or inspector's license.
B. Any person, firm or company wishing to engage in the business of elevator,
dumbwaiter, escalator or moving sidewalk, vertical wheelchair lift, inclined
wheelchair lift or inclined stairway chairlift inspections within the City of
Buffalo shall make application for a "license to inspect elevators" with the
Director of Licenses on a form to be provided by the Director.
C. Any person, firm or company wishing to engage in the business of vertical
wheelchair lift; inclined wheelchair lift or inclined stairway chairlift
installation, alteration, service replacement or maintenance within the City of
Buffalo shall make an application for a "limited installer's license" with the
Director of Licenses in a form to be provided by the Director.
[C.] D. Said applications shall contain information for the following
provisions:
(l) If a person, the name, residence and business address of the applicant.
(2) If a partnership, the name, residence and business address of each
partner.
(3) If a domestic corporation, the name and business address of the
corporation and the name and residence address of the principal officer of said
corporation; if a corporation other than a domestic corporation, the name and
address of an agent located locally who shall be authorized to accept service
of process or of official notices.
(4) The number of years the applicant has engaged in the business of
installing, inspecting and/or maintaining or servicing elevators.
(5) The approximate number of persons, If any, to be employed by the
applicant and, if applicable, satisfactory evidence that employees are or will
be covered by workmen's compensation insurance.
(6) Satisfactory evidence that the applicant is or will be covered by
general liability, personal injury and property damage insurance.
(7) Criminal record, if any, as verified by the Commissioner of Police.
(8) Such other information as the Director of Licenses may require.
Section 4. That 167-12, Registration of Elevators, Dumbwaiters,
Escalators and Moving Sidewalks, be amended to read as follows:
167-12. Registration of Elevators, Dumbwaiters, Escalators and Moving
Sidewalks[.] And Any Other Conveyance.
Within thirty (30) days after the date of the appointment of the board,
the owner or lessee of every existing conveyance shall register with the
Director of Licenses each such elevator, dumbwaiter and escalator owned or
operated by him, giving type, rated load and speed, name of manufacturer, its
location and the purpose of which it is used and such other information as the
Director of Licenses may require. Elevators, dumbwaiters, escalators and
moving sidewalks or other conveyance whose erection is begun subsequent to the
date of the creation of the board, shall be registered within not more than
seven (7) days after they are completed and placed in service.
Section 5. That 167-15, Installation and Annual Inspection, be amended
to read as follows:
S167-15. Installation and annual inspection.
Installations: certificate of operation required. All new conveyance
installations must be performed by a person, firm or company to which a
"license to install or service conveyances" has been issued. Subsequent to
installation, said licensed person, firm or company must certify compliance
with application sections of Chapter 167 referenced in 167-2 above. Prior to
any [elevator] conveyance being used, a certificate of operation must be
obtained from the Director of Licenses, by the property owner or manager, for
each newly installed [elevator] conveyance. A fee as set forth in Chapter 175,
Fees, shall be paid for said certificate of operation.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 140
BY: MS. LoTEMPIO
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees, of the Code of the City of Buffalo, be amended
to read as follows:
Chapter 167, Elevators
167-15, Installation and Annual Inspection
$50.00 - initial certificate of operation for existing installation for
all conveyances except for residential conveyances inspected by a duly licensed
private inspector and where proof of said inspection is submitted and accepted
by the Director of Licenses.
$50.00 - renewal certificate of operation for existing installation for
commercial conveyances.
$50.00 - renewal certificate of operation for existing installation for
residential conveyances.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 141
BY MR.. PITTS
SALARY ORDINANCE AMENDMENT
70-0 DEPARTMENT OF STREET SANITATION
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 70-0 Department of Street Sanitation, under the subheading
"013 - Cleaning Streets & Snow Removal" which reads:
11 Laborer II (Daily) $71.97 -82.08
6 Laborer II (Hourly 8 .59 -9.77
is hereby amended to read:
10 Laborer II (Daily) $71.97 -82.08
7 Laborer II ( Hourly) 8.59 -9.77
WE, WILLIAM COMELLO, Acting Commissioner of Street Sanitation and THOMAS
F. KEENAN, Director of the Budget, hereby certify that the deletion of one (1)
Laborer II (Daily) position and the creation of one (1) Laborer II (Hourly)
position in the Department of Street Sanitation is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of said
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 142
BY: MR. PITTS
MEETING TO DISCUSS BOARD OF EDUCATION DENIAL OF 60 APPOINTMENTS
WHEREAS: The Board of Education recently denied the hiring and
promotion of 60 appointments, many of which were new hirees and replacement of
retirees, and
WHEREAS: The debate and failure to appoint these potential employees has
left a divided Board of Education amid charges and counter charges, and
WHEREAS: Some feel that the differences over the 60 appointments is
indicative of deeper problems affecting the entire Buffalo Public School
System. Administrators are charging that "politics" rather than "education"
governs policy. Educators within the system are afraid to make decisions for
fear of support or reprisals!, and
WHEREAS: While the Board of Education is autonomous and the Common
Council does not have a direct role in establishing the Board of Education's
policy, the Common Council does appropriate monies to the Board and is
presently considering a nominee for appointment to serve on the Board of
Education. Moreover, the well being of the Buffalo school district is an
indigenous concern of the Common Council.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council's committee on
Legislation convene a meeting with the Board of Education to discuss 60
appointments refused by the Board of Education.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE BOARD OF EDUCATION.
No. 143
BY MR. RUTECKI
:
CRIME WATCH SIGNS-W.DELAVAN/RICHMOND/BAYNES
WHEREAS: The West Side Citizens Alliance located between Richmond
Avenue and Baynes is participating in the City of Buffalo's Crime Watch
Program; and
WHEREAS: The residents of the Richmond Avenue and Baynes area meet every month
to discuss matters affecting the neighborhood. The residents actively took the
initiative to participate in the Crime Watch Program: and
WHEREAS: The West Side Citizens Alliance has identified the locations for the
placement of the signs designating the Crime Watch area;
NOW THEREFORE BE IT RESOLVED
That the Common Council supports the West Side Citizens alliance's
participation in the Crime Watch Program-: and
BE IT FURTHER RESOLVED
That the Common Council requests the Department of Public Works and the Police
to assist the West Side Citizens Alliance in placing the signs at the following
locations:
comer of West Delevan and Richmond facing east and west
comer of West Delevan and Baynes facing east and west.
PASSED
AYES- 12 NOES- 0.
No. 144
BY MR. ZUCHLEWSKI
APPOINT LEGISLATIVE ASSISTANT
I hereby appoint Brenda Sciortino, 351 Hampshire Street, Buffalo,
New York 14213 to the Position of Legislative Assistant to the North District
Councilmember, to become effective Wednesday, November 13, 1991.
ADOPTED
No. 145
BY MR. ZUCHLEWSKI
Appointments Commissioners of Deeds
Required for the Proper Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Brenda A. Sciortino
Total- 1.
ADOPTED.
No. 146
BY MR. ZUCHLEWSKI
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:
Veronica Brown
Jesse Jackson
Deborah J. Kent
Verneil Pressley
Janis M. Speed
Harold E. Wiggins, Jr.
Total: 6
ADOPTED.
No. 147
BY MR. ZUCHLEWSKI
FELICITATIONS AND/OR IN MEMORIAMS
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for Jimmy Hunter
By Councilmember David Collins
Felicitation for Polish Falcons
By Councilmember David A. Franczyk
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. 148
BUFFALO COMMON COUNCIL
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, NOV 19, 1991 9:30 AM
FINANCE Tuesday, NOV 19, 1991 Immediately Following
Civil Service
LEGISLATION Tuesday, NOV 19, 1991 2:00 PM
ECONOMIC DEV. Wednesday, Nov 20, 1991, 1:00 PM
ANCILLARY COMMITTEES
POLICE REORGANIZATION Wednesday, NOV 13, 1991 8:00 AM
Rm 1417
No. 149
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Zuchlewski, the council
adjourned at 3:10 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.