HomeMy WebLinkAbout91-1126
1No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 26, 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, Dale Zuchlewski 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. Archie L. Amos, Jr., Hon. Brian M. Higgins,
Hon. . Rosemarie LoTempio, Hon. James W. Pitts. Dale Zuchlewski
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, 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, 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
James W. Pitts, Carl A. Perla, Jr., Dale Zuchlewski, 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, Dale Zuchlewski,
Hon. Vincent Tese, Hon. Anthony M. Masiello, 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 26, 1991
at 2:00 P.M.
PRESENT - David A. Franczyk, President Pro Tempore of the Council, and Council
Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 12.
ABSENT - George K. Arthur, Acting Mayor- 1.
On a motion by Mr. Fahey, seconded by Mr. ,the minutes of the stated meeting
held November 12, 1991 were approved
FROM THE MAYOR
No. 1
Appointment of Commissioner
of the Department of Street Sanitation
Pursuant to the powers vested in me under Article 15, Section
291 of the Charter of the City of Buffalo, please be advised that I have
appointed, subject to confirmation by Your Honorable Body, Mr. Bart Sumbrum,
49 Oakhurst Avenue, Buffalo, New York - 14220, as Commissioner of the
Department of Street Sanitation.
Mr. Sumbrum currently holds the position of Deputy Commissioner of Street
Sanitation. Prior to this position, Mr. Sumbrum served as Coordinator of
Community Services in the City's Department of Inspections and Community
Revitalization from August 1990 until October 1991 and as a Rehabilitation
Construction Analyst with the same department from February 1988 until July
1989. Mr. Sumbrum's career with the City of Buffalo began in November 1986
with his appointment as Contract and Specification Specialist and he holds
professional licenses as Chief Stationary Engineer and Master Plumber in the
City of Buffalo. Professional affiliations include Plumbers/Pipefitters Local
#36, International Longshoremen's Association #928 and the Examining Board of
Plumbers for the City of Buffalo.
Mr. Sumbrum is a graduate of McKinley High School.
Based on his experience and background, I feel Mr. Sumbrum is fully
qualified to serve as Commissioner of the Department of Street Sanitation.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 2
Appointment of members
of Committee for Youth
Pursuant to the powers vested in me by Section 285.27 of the Charter
of the City of Buffalo, as amended, I hereby appoint the below listed persons
as members of the Committee for Youth, effective November 13, 1991 for terms
expiring March 31, 1994:
Dennis J. Fay 147 Ramona Avenue
Buffalo, 14220
Michael R. Mulderig 56 Eaglewood Avenue
Buffalo, 14220
Michael R. Mulderig will fill the unexpired term of Michael Wech who has
resigned. Dennis J. Fay succeeds Sara Trusdale who has also resigned.
I hereby certify that Michael R. Mulderig and Dennis J. Fay are fully
qualified to serve as members of the Committee for Youth.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF HUMAN
RESOURCES.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 3
Dept. of Human Resources - Request to release 346 Austin Street for
disposition.
Item No. 48, C.C.P., October 29, 1991.
The City Planning Board at its regular meeting held Tuesday, November
19, 1991 considered the above matter pursuant to Section 317.1 of the City
Charter, Referable Matters from the Common Council.
At issue is a request by the Department of Human Resources, Division for
Youth, to transfer the city-owned facility at 346 Austin Street to the
Department of Real Estate for disposition.
The site is located on the northeast corner of Austin and Joslyn Streets.
The two-story-masonry structure is situated on an 8000+ square foot lot in an
R2 zone.
The Board felt that the building and site would be appropriate for
inclusion in the city's ongoing infill housing program. In this vein, members
of the Department of Inspections and Community Revitalization expressed their
interest in the property for future housing at the Board meeting.
Given this, the Planning Board recommends to Your Honorable Body that the
subject property should not be transferred to the Division of Real Estate until
the Department of Inspections and Community Revitalization has determined the
suitability of the site for future housing.
RECEIVED AND FILED.
No. 4
R. Van Slyke - Request to convert 217 North (AKA 220 Elmwood) to a laundromat,
arcade and sit-in restaurant.
Item No. 83, C.C.P., November 12, 1991.
The City Planning Board at its regular meeting held Tuesday, November
19, 1991 considered the above application pursuant to Section 511-56, the
Elmwood Business District.
The applicant seeks to convert an existing business into a self service
laundromat, a sit-in restaurant, and an accessory arcade.
The site is located in the EB zone which considers laundromats and
restaurants restricted uses which require the approval of Your Honorable Body.
The proposed arcade is' not permitted in the EB zone. Consequently, the
matter of the arcade element was brought before the Zoning Board of Appeals and
on November 13, 1991 that body approved the proposed arcade so long as it is
accessory to the principal function of the project; i.e., the laundromat.
The restaurant and laundromat were considered to be appropriate uses by
the Board, since there is ample off-street parking for the project. Lastly,
under S.E.Q.R., the matter is considered an unlisted action which may be
studied through uncoordinated review.
The Board voted to approve the proposed laundromat and restaurant and
voted no objection to the accessory arcade.
RECEIVED AND FILED.
No. 5
RCB Development Inc. - Request to abandon a portion of Asbury Alley.
Item No. 138, C.C.P., September 3, 1991.
The City Planning Board at its regular meeting held Tuesday, November
19, 1991 considered the above request pursuant to Section 317.1 of the City
Charter, the Abandonment of Public Rights-of-Way.
The applicant seeks to acquire 117.4 feet of Asbury Alley which forms the
rear line of their property at 432-438 Pearl Street. The addition of the alley
would enable the developer of this Pearl Street property to expand its parking
for the 36 apartments which they proposed to develop. Currently, the parking
plan calls for 34 spaces. The addition of the 8-foot wide by 117.4-foot long
alley way portion would allow for 15 additional off-street spaces which the
developer feels would be an attractive feature for prospective apartment
dwellers.
Asbury Alley runs between Franklin and Pearl Streets and is accessed by
Chippewa Street and Pearl Street. There would be minimal traffic problems
connected with the abandonment of the requested portion. An active sewer
currently lies beneath the alley as well as a questionable water line. Lastly,
the alley does provide limited access for properties which front on Franklin
Street (255-275 Franklin).
In weighing the matter, the Board voted to approve the requested
abandonment with the following conditions:
1. that the Department of Public Works and other involved city
departments view and approve the proposed abandonment;
2. that the city protect its infrastructure with appropriate
easements; and
3. that the consent of the abutting owners of the portion of the alley
being abandoned is secured
The Board also notes that under S.E.Q.R., the abandonment may be
considered a Type II action which does not require further environmental
review.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 6
Buffalo Columbus Hospital - Request to place a ground sign at 296 Niagara St.
Item No. 84, C.C.P., November 12, 1991.
The City Planning Board at its regular meeting held Tuesday, November
19, 1991 considered the above request pursuant to section 511-68 and 387-19 of
the Buffalo Code, the Niagara Coastal Special Review District and the Review of
Ground Signs.
The Planning Board voted to deny the application for the 4 foot by 8 foot
illuminated sign requested, since the applicant has already installed the sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
ECIDA - Request to place a pole sign at 998 Broadway.
Item No. 85, C.C.P., November 12, 1991.
The City Planning Board at its regular meeting held Tuesday, November
19, 1991 considered the above application pursuant to Sections 387-19 and
511-135 of the Buffalo Code, the Review of Pole Signs and the Broadway-Fillmore
Urban Renewal District.
The applicant seeks to erect an illuminated pole sign measuring 11 feet
by 11 feet in sign face area (121 square feet) and 45 feet in overall height.
The site is located in the Broadway-Fillmore Urban Renewal area which
does not permit pole signs. Consequently, the applicant must seek a variance
from the Zoning Board of Appeals. Under S.E.Q.R., the proposed sign is
considered a Type II action which does not require further environmental
review.
In considering the proposed sign the Board felt that since there have
been a number of freestanding signs placed in the area it would be unfair to
the applicants to deny their request. The Board did, however, have
reservations about the 45-foot height of the sign, noting that 40 feet is the
maximum height allowed for billboard signs.
Consequently, the Board voted to approve the requested sign on the
condition that the sign be approved by the Broadway-Fillmore Design Review
Board and that the overall height of the sign should not exceed 40 feet.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO PRESERVATION BOARD
No. 8
Proposed Landmark Designation
National Fuel Buffalo Service Center
former Buffalo Gas Light Company Works
249 W. Genesee Street
Buffalo, New York 14202
At its regular meeting October 17, 1991, the Buffalo Preservation
Board, having conducted a public hearing on September 19, 1991, as required by
the Preservation Standards of the Buffalo Code, recommended designation of the
National Fuel Buffalo Service Center, (former Buffalo Gas Light Company Works),
at 249 W. Genesee Street, as a local historic landmark.
This recommendation is the result of findings contained in a report
prepared by the Board's Landmark Designation Committee. A copy of the
Committee report and the Landmark Application/Photos are enclosed for your
information. (refer to attachments 1 & 2)
The Preservation Board determined that this structure meets the following
criteria specified in the Code for landmark designation;
a) It has character, interest or value as part of the development and
heritage of the City of Buffalo.
b) It exemplifies the historic and economic heritage of the City.
c) It is identified with persons who significantly contributed to the
development of the city, namely, Oliver Steele, Samuel Pratt and John Selkirk.
d) It embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type and method of construction.
e) It embodies elements of design detailing, :materials or craftsmanship
that render it architecturally significant.
f) It is an established or familiar visual feature within the city.
The recommended designation is for the entire National Fuel Service
Complex excluding a former stable located on the northeast portion of the site.
(Building # 10) attached map).
The site is bounded on the north by the Waterfront Elementary School (No.
95), on the east by 7th Street (former Jackson Street), on the south by W.
Genesee Street and on the west by a parking lot (former Fourth Street). (Refer
to attachments 3,4,5,6.)
To attest to the historic significance of the site, this complex was
listed on the National Register of Historic Places on September 1, 1976. A
copy of this nomination is enclosed for your information. (refer to attachment
7)
Pursuant to Article III, Section 337-9 through 12 of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on the
aforementioned item and report back to the Common Council with a recommendation
on its findings.
For your information the owners of the property, listed below, have
indicated that they support listing of the facade only, however, oppose listing
of the other buildings on the site for the reasons set forth in the enclosed
National Fuel Gas response paper. (refer to attachment 8)
Mr. Paul A. Jusko, Manager, Land Department
National Fuel Gas Facilities Management Department
10 Lafayette Square, Room 1300
Buffalo, New York 14203
For the record, the vote by the Preservation Board on this item was as
follows:
AYES Bis, Conlin, Deck, Draper, Forton, Fox, Leary, Levin, Lownie, Rumsey
NAYES None
ABSTAINED None
ABSENT Krasowski
Motion carried.
The application was prepared and submitted by:
The Preservation Coalition of Erie County
c/o Ms Carolyn Schaffner
P.O. Box 768
Buffalo, New York, 14213
The Buffalo Common Council adopted a resolution September 17, 1991,
supporting designation of the National Fuel Buffalo Service Center as a local
historic landmark. (refer to attachment 9)
If you have any questions, please contact Jalis P. Mandell, Board Secretary, at
extension 5071/5029.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
DEPARTMENT OF ASSESSMENT
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $4,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Department of Assessment, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, OCTOBER 31, 1991
RECEIVED AND FILED.
No. 10
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Capital Projects Fund
Division of Buildings
We, George K. Arthur, Acting Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $20,200 be transferred and reappropriated from various accounts
in Appropriation Allotments - Capital Projects Fund - Division of Budget &
Management, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, November 19, 1991
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Increased Appropriation
New York State Revenue
General City Charges
We, George K. Arthur, Acting Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, than an increase in
the sum of $969,968 in the estimates for the fiscal year beginning July
1,1991 is necessary in Appropriation Allotments - General City Charges to meet
a contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from an increase in
the General Fund -State Revenue account 100-810-403-85540 - Special Program
Revenue - Hurd not otherwise appropriated for any other purpose. The detail of
the requirements are set forth below:
DATED: BUFFALO, NEW YORK, NOVEMBER 20, 1991
RECEIVED AND FILED.
No. 12
CERTIFICATE OF DETERMINATION
$70,520,000 REFUNDING BOND SALE
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO
THE
TERMS, FORM AND DETAILS OF SALE AND
ISSUANCE
OF $70,520,000
REFUNDING SERIAL BONDS-199l OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING
FOR THE PRIVATE SALE THEREOF.
The Bonds are hereby sold at private sale to First Albany Corporation,
Albany, New York, as Managing Underwriter on behalf of itself and other
underwriters pursuant to the Contract of Purchase dated November 8, 1991,
between said Managing Underwriter and the City. The Bonds will be dated
November l, 1991 and will bear interest at the rate(s) per annum specified by
the underwriters therefor in accordance herewith, payable on February l, 1992,
and semi-annually thereafter on the first days of February and August in each
year until maturity.
The Bonds will be delivered and shall be paid for on or about November
26, 1991 in New York, New York.
A Preliminary Official Statement may be obtained from the offices of the
financial advisor to the City, Government Finance Associates, Inc. of New York,
in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225
City Hall, Buffalo, New York, at (716)851-5255.
RECEIVED AND FILED.
No. 13
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 one request 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 $1,045,000 for the
University Heights Community Center. The loan will be repaid when bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Capital Proj 200-717-063 BAN/Bond Sale $1,045,000
Mr. Fahey moved:
That the communication from the Comptroller dated November 21, 1991, be
received and filed; and
That the comptroller be, and he hereby is authorized to to make an
interfund cash loan from the General Fund to the Capital Projects Fund in the
amount of $1,045,000.00 for the University Heights Community Center.
PASSED.
AYES- 12 NOES- 0.
No. 14
Response to Offer to
Purchase 22 Rose
Item #63, C.C.P. 10/29/91
Your Honorable Body has referred the above referenced item to
this office for a response. The item is a request dated October 17, 1991 from
the Reverend Herbert V. Reid, Gethsemane Missionary Baptist Church, 55 Grape
Street, Buffalo, New York 14204. Reverend Reid is requesting "to purchase the
property for One Hundred Dollars ($100) or homestead".
The Division of Real Estate received a request from Gethesemane
Missionary Baptist Church on October 21, 1991. This request differs from the
October 17, 1991 received by Your Honorable Body from the Church. The request
received by the Division of Real Estate is for a private sale.
The property located at 22 Rose Street was obtained by the City of
Buffalo through In-Rem last year and is a vacant lot 25' x 100'.
As Your Honorable Body is aware we do not accept offers for City-owned
property without first having the property appraised. Appraisals are routinely
obtained through private sale procedures.
Secondly, this Office does not believe that the Church qualifies as a
"Homesteader" under the Buffalo Urban Homestead Program passed by Your
Honorable Body, Item #245, C.C.P. 9/17/74. The Program was designed to assist
families who were willing to either rehabilitate dilapidated structures or
obtain title to vacant lots for the purpose of improving these properties and
restoring them to the tax rolls.
I believe that transferring properties to organizations with tax exempt
status would be defeating the purpose of restoring properties to the tax rolls
and that Your Honorable Body would be setting a precedent that could be costly
to the City of Buffalo in terms of lost revenues.
I am recommending that Your Honorable Body obtain an opinion from the Law
Department with regard to the Church's status as a benefit homesteader. I am
also recommending that should the request for homesteading by the Church be
denied that we be given permission to negotiate a private sale with the
Gethsemane Missionary Baptist Church.
RECEIVED AND FILED.
No. 15
Permission to Negotiate
131 Appenheimer, S 1309.5' E Fillmore
Vacant Land: 29.05' x 249'
Assessed Valuation: $1,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. & Mrs. Clarence Jackson of 129 Appenheimer, Buffalo, New
York to purchase the above captioned property.
Mr. & Mrs. Clarence Jackson would like to purchase this property, which
is next to their home, in order to clean the entire property, build a garage
and tool shed and have a small play area.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objection to this sale. The
Tax and Demolition Lien Offices were contacted an 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 18, 1991, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. & Mrs. Clarence Jackson residing at 129 Appenheimer, Buffalo, New York for
the private sale of 131 Appenheimer, S 1309.5 E. Fillmore and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 16
Results of Negotiations
125 Edna, S 290' W Masten
Vacant Lot Size: 28.86' X 134'
Assessed Valuation: $1,200
Item #15, C.C.P. 9/3/91
Your Honorable Body authorized the Office of the Comptroller,
Division of Real Estate, to negotiate a private sale with Mr. Kinzer Pointer,
127 Edna Place, Buffalo, New York to purchase the above captioned property.
Mr. Pointer intends to purchase this property in order to expand his yard area.
An independent appraisal of the property was conducted by Gregory M.
Navagh, CASH Realty, 22 Lafayette Blvd., Williamsville, New York 14221. He has
estimated the fair market value of the subject property to be One Thousand and
Fifty Dollars ($1,050). The Division of Real Estate concurs with this estimate
of value.
The results of our negotiations are that Mr. Pointer has agreed and is
prepared to pay Nine Hundred Dollars ($900) for the subject property. He will
also pay for the cost of appraisal, transfer tax and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale of 125 Edna
Place to Mr. Kinzer Pointer, 127 Edna Place, Buffalo, New York 14209 in the
amount of Nine Hundred Dollars ($900).
Mr. Fahey moved:
That the communication from the Comptroller dated November 12, 1991, be
received and filed; and
That the offer of Mr. Kinzer Pointer, residing at 127 Edna Place,
Buffalo, New York in the sum of $900.00 (Nine Hundred Dollars) to purchase the
property described as 125 Edna, S. 290' W Masten be and hereby is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
Purchaser; and
That the transfer tax and cost Of legal description; and
That the Mayor be 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
Results of Negotiations
47-49 Walden, S E Cor. Loepere
Vacant Lot: 48' x 150'
Assessed Valuation: $1,800
55 Walden, S 48' E Loepere
Vacant Lot: 30' x 150'
Assessed Valuation: $4,500
Item #24, C.C.P. 10/1/91
Your Honorable Body authorized the Office of the Comptroller,
Division of Real Estate, to negotiate a private sale with Mr. Earl Blacksheare
owner of 37 Walden Avenue. Mr. Blacksheare intends to purchase this property
and improve it with a paved parking lot to provide off-street parking for his
business.
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 47-49 Walden Avenue to be
Eighteen Hundred Dollars ($1,800) and 55 Walden Avenue to be Twelve Hundred
Dollars ($1,200). The Division of Real Estate has reviewed the sales of
similar properties in the area and concurs with the appraiser's estimates of
values.
The property at 55 Walden carries a $4,500 assessment. This property was
improved with a garage which was demolished last year. Although the property
class was changed on the assessment records the assessment was not changed.
Therefore, the assessment is excessive.
The results of our negotiations are that Mr. Blacksheare has agreed and
is prepared to Three Thousand Dollars ($3,000) for both parcels. He has also
agreed to pay for the cost of appraisal, transfer tax and cost of the legal
description.
I am recommending that Your Honorable Body accept the offer of Mr. Earl
Blacksheare, 37 Walden Avenue, Buffalo, New York 14211 in the amount of Three
Thousand Dollars ($3,000) for the purchase of 47-49 and 55 Walden Avenue. This
recommendation is contingent upon Mr. Blacksheare improving the parking lot in
accordance with Chapter LXX, Section 17b(3) of the City Charter.
Mr. Fahey moved:
That the communication from the Comptroller dated November 20, 1991, be
received and filed; and
That the offer of Mr. Earl Blacksheare, in the sum of $3,000.00 (Three
Thousand Dollars) to purchase the properties described as 47-59 and 55 Walden
be and hereby is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax and cost of legal description will be paid by the
purchaser; and
That the purchaser improve the parking lot in accordance with Chapter
LXX, Section 17(b) of the City Charter; and
That the Mayor be 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. 18
Results of Negotiations
302E. Utica, N 86' E Welker
Lot Size 32' x 98'
Assessed Valuation: $700
Item #25, C.C.P. 7/23/91
Your Honorable Body authorized the Office of the Comptroller,
Division of Real Estate, to negotiate a private sale with Brother Cyprus Hines
on behalf of the Word of Faith Church of God In Christ, 297 E. Utica Street,
Buffalo, New York for the above referenced property. They intend to improve
this property and use for off-street parking purposes for the Church.
An independent appraisal of the property was conducted by Mr. Gregory M.
Navagh, Cash Realty & Auctions, 22 Lafayette Blvd., Williamsville, New York
14221. He has estimated the market value of the subject property to be
Thirteen Hundred Dollars ($1,300). The Division of Real Estate has examined
the appraisal report and the sales of similar properties in the area and
concurs with the appraiser's estimate of value.
The results of our negotiations are that Brother Hines on behalf of the
Word of Faith Church of God In Christ has agreed and is prepared to pay
Thirteen Hundred Dollars ($1,300) for the subject property. He has also agreed
to pay for the cost of appraisal, transfer tax and cost of the legal
description.
I am, therefore, recommending that Your Honorable Body approve the sale
of 302 E. Utica Street to the Word of Faith Church of God In Christ, 20
Gerhardt Street - Upper, Buffalo, New York 14208 in the amount of Thirteen
Hundred Dollars ($1,300).
Mr. Fahey moved:
That the communication from the Comptroller dated November 21, 1991, be
received and filed; and
That the offer of Brother Cyprus Hines on behalf of the Word of Faith
Church of God in Christ, 297 E. Utica Street, Buffalo, New York in the sum of
$1,300.00 (One Thousand and Three Hundred Dollars) to purchase the property
described as 302 E. Utica, N 86' E Welker be and hereby is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax and cost of legal description will be paid by the
purchaser; and
That the Mayor be 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. 19
Report of Audit
Division of Real Estate
In Rem Property Operations
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Real Estate, In Rem Property Operations, audit report for the period July 1,
1988 to June 30, 1990.
Our report has noted that the City of Buffalo, County of Erie and Buffalo
Sewer Authority need to negotiate and enter into a current tri-party agreement
to define the sharing of net sales, rental income and operating expenses of In
Rem properties among the three governmental entities.
We further note that deposits of sales receipts need to be made in a more
timely manner, as well as, transfer of dormant bid deposits totaling $4,491.00
from the Trust and Agency Fund to the General Fund.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 20
Report of Audit
Division of Treasury
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Treasury audit report for the period July 1, 1990 to December 31, 1990.
Our report has recommended that the Division of Treasury record and
report separately the receipts and disbursements for the following Enterprise
Funds:
a. Stadium and Auditorium
b. Pilot Field
c. Parking
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 21
Certificate of Appointment
Appointment to become effective November 18, 1991 in the Department
of Audit & Control Division of Data Processing Mary G. O'Rourke 239 Summit
Ave., Buffalo 14214 to the position of Operations Communications Coordinator,
Permanent at the starting salary of $23,886.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 22
Certificate of Appointment
Appointment to become effective November 12, 1991 in the Department
of Audit & Control, Division of Data Processing, Paul J. Bonvissuto 302
Hartwell Rd., Buffalo 14216 to the position of Computer Programmer, Contingent
Permanent at the starting salary of $29,342.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 23
Certificate of Appointment
Appointment to become effective November 25, 1991 in the Department
of Audit & Control, Division of Data Processing, Michael J. Lovullo 87
Cheltenham Dr., Buffalo 14216 to the position of Systems Analyst, Provisional
at the starting salary of $33,051.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 24
Certificate of Appointment
Appointment to become effective November 19, 1991 in the Department
of Audit & Control, Division of Audit, Albert J. Renzoni 20 Brost, Buffalo
14220, to the position of Grants Auditor Supervisor, Permanent Contingent at
the starting salary of $36,275.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 25
Transfer Strip of Land
109 Lockwood
Item #134, C.C.P. 4/30/91
In the above referenced Item Your Honorable Body authorized the
Comptroller's Office to negotiate a private sale of 109 Lockwood, a 2' x 109'
parcel, to Joseph and Monica Sweeney.
After further investigation by the Division of Real Estate and the
Department of Assessment it has been determined that in 1942 an In-Rem
Foreclosure Action by the County' on Sublot 107, erroneously, through
improperly drawn description, included 2' of Sublot 108 which is property now
owned by the Sweeney's. This error created a 2' parcel that was subsequently
transferred by the County to the City of Buffalo. The 2' parcel does not
exist. However, the 2' x 109' parcel has showed up on a recent title search as
being owned by the City of Buffalo.
The Sweeney's have sold their property and need to remove this cloud on
their title so a closing can take place the first week of December.
Therefore, I am recommending that Your Honorable Body rescind the
authorization to negotiate a private sale and authorize the Law Department to
transfer the title to the 2' x 109' parcel to Joseph and Monica Sweeney.
Mr. Fahey moved:
That the communication from the Comptroller dated November 21, 1991 be
received and filed; and
That this Common Council hereby rescinds the authorization of the
Comptroller to negotiate a private sale with Joseph and Monica Sweeney for 109
Lockwood, a 2' x 109' parcel; and
That the Corporation Counsel be and he hereby is authorized to prepare a
deed for the conveyance of said parcel to Joseph and Monica Sweeney; and
That the Mayor be and he hereby is authorized to execute said deed and
any and all legal documents necessary for such conveyance of title.
PASSED.
AYES- 12 NOES- 0.
FROM THE PRESIDENT OF THE COUNCIL
No. 26
D. Zuchlewski - Committee Appointments
I am hereby appointing the Honorable Dale L. Zuchlewski to replace
former Councilmember David P. Rutecki on the following committees:
Legislation
Stadium and Auditorium Task Force
Erie Basin Marina Task Force
Special Committee on C.A.T.V..
These appointments are to take effect immediately.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 27
Extension of Time
Buffalo Police Memorial
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and LCP Construction Corp. C-9l569200, the work should have been
completed by June 2l, 1991.
Due to a delay in the placing of new sidewalks by the City of Buffalo, this
contractor could not complete the work of this project on time. This is the
second extension of time on this project.
I have granted an extension of time to October 2, 1991 to LCP Construction Co.
to complete the work of their contract.
RECEIVED AND FILED.
No. 28
Monthly Report Licenses issued
October 1991
I am respectfully submitting the enclosed report of licenses issued
in the month of October 1991 by the Division of License;
RECEIVED. AND FILED.
No. 29
Del. Casino Lease
Preserv. Rose Garden
Item No. 22, C.C.P. 10/29/91
The above referenced item has been referred to this office by
the Committee of Finance pending information on the following:
l. Has the Casino been leased out within the last year?
2. If so, under what authority and to whom?
3. How were these individuals charged, and also how much were they charged?
Please be advised that the Delaware Park Casino is leased to Parker Bay
Consultants, Inc. for a 15 year period as authorized by your Honorable Body in
C.C.P. 1/8/91; item #84.
I believe that you are seeking information on what individuals or groups have
rented the Casino from Parker Bay. That information should be requested from
Parker Bay Consultants, Incorporated.
The City of Buffalo receives revenue for the sale and rental of goods and
services as part of the lease agreement. The City Comptroller has the right to
audit these receipts. Your Honorable Body may request input from that
Department.
RECEIVED AND FILED.
No. 30
Appointment Director of the
Division of Water, Department
of Public Works
Pursuant to the powers vested in me under the provisions of Article
5, Section 71 of the Charter of the City of Buffalo, pleased be advised I have
appointed Mr. Ronald A. Carnevale, residing at 572 Richmond Avenue, Buffalo,
New York - 14222 to the position of Director of the Division of Water,
Department of Public Works, effective November 14, 1991.
Ronald Carnevale has been employed as an Assessment Counselor for the
Buffalo and Erie County Private Industry Council from 1987 until the present
time. From 1982 through 1986, Mr. Carnevale was employed as Audit/ Systems
Security Manager for Cablescope, Inc. (TCI of Buffalo) and as Project
Coordinator from 1978 until 1979, and from 1965 to 1968 as a teacher, both with
the Buffalo Board of Education. Mr. Carnevale was also General Manager of
Ind-Com Painting, Inc., from 1968 until 1977.
Mr. Carnevale's community service includes the following:
- President, West Side Business & Taxpayers' Association.
- Director, Buffalo Area Merchants' Association.
- Board Member, Columbus Hospital Medical Center Professional Advisory
Council.
- Director, Greater Buffalo Italian Heritage Food Festival.
- Board Member, Asarese-Matters Youth Recreation center.
- Co-Chairman, Annual Toys for Tots Santa Claus Parade.
Mr. Carnevale has a Bachelor of Science Degree from Canisius College.
I hereby certify that Ronald A. Carnevale is fully qualified to serve as
Director of the Division of Water.
RECEIVED AND FILED.
No. 31
PERMISSION TO INSTALL CITY OF BUFFALO TWO WAY RADIO IN PRIVATE VEHICLE
I hereby request your Honorable Body's permission to install
City of Buffalo two-way radio in vehicle owned by the following City employee:
Ronald A. Carnevale
Director of Water
The above individual uses his vehicle for City business and the
installation of said radio will aid him in carrying out his duties.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Report of Bids for Refurbishment of Park Type #1348 Light Standards -
Correction
Item #29, C.C.P. 11/12/91
This is to advise your Honorable Body that an error appeared in
the subject Council Communication. The bid received by the Colgate Heating
Corporation was $150,000.00. The unit price breakdown is 300 units at $500.00
each for a total of $150,000.00.
Also note that when your Honorable Body authorized the Commissioner of Public
Works to enter into this agreement you erroneously used the engineer's estimate
of $157,500.00 as the contract amount.
Mr. Fahey moved:
That the communication from the Department of Public Works dated November
15, 1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
enter into a contract with the Colgate Heating Corporation for the
refurbishment of park-type #1348 light standards in the amount of $150,000.00.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11
NOES- COLLINS- 1.
No. 33
CHANGE IN CONTRACT #4
COURT STREET - MAIN TO NIAGARA SQUARE
GR. #335, CONTRACT #91555600
SURIANELLO GENERAL CONCRETE CONTRACTOR
ITEM NO. 31, C.C.P. 5/8/90
I hereby submit to your Honorable Body the following changes in
contract for the above named project.
l. Time and materials for sealing of expansion Joints over
sidewalk vaults - $5,223.03
The vault area on Court Street between Main and Pearl were leaking.
Upon investigation it was determined that surface water was infiltrating under
the sidewalk through the expansion Joint material. The cleaning and caulking of
these Joints was not included in the contract.
2. Time and materials for extra work at the traffic island
at Court Street and Niagara Square - $1,377.35
The original design for the traffic island did not allow for a planting area.
Additional excavation, gravel and topsoil were necessary.
3. Surplus bench lumber and galvanized supports -$ 745.26
A lump sum price of $745.26 for surplus material consisting of eleven (11)
galvanized tube bench supports and sixteen 16 pieces of varying lengths of
redwood lumber.
These prices have been reviewed and recommended for acceptance by our
consultant engineer, Andrews & Clark.
l. Time and Materials Vault Work $5,223.03
2. Time and Materials Traffic Island $1,377.35
3. Surplus Materials $ 745.26
TOTAL $7,345.64
Contract Summary
Original Amount $978,448.50
Change Order # 1 $8,795.05
Change Order # 2 $19,795.09
Change Order # 3 $18,027.90
Change Order # 4 $7,345.64
NEW TOTAL $1,032,412.18
Funds for this additional work are available in the Division of
Engineering Bond Fund Account #200-401-540.
Mr. Fahey moved:
That the communication from the Department 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
issue change order #4 to Surianello General Concrete Contractor, in the amount
of $7,345.64 for additional work relating to Court Street - Main to Niagara
Square Group #335, Contract #91555600, with said cost to be charged against the
Division of Engineering Bond Fund 200-401-540. account.
PASSED
AYES- 12 NOES- 0.
No. 34
Change in Contract
Exchange St. - Phase II - Group #326
Contract #91628200
Destro & Brothers Conc. Co., Inc.
Item No. 33, C.C.P. 7/31/90
I hereby submit to your Honorable Body the following "no cost"
negotiated unit price additions to the contract.
Additional Work
1. Design changes have occurred in the traffic signal system at the
intersection of Washington and Seneca Streets. The signal pole - mast arm
(680.621825) in the southwest quadrant of the intersection has been changed to
a signal pole - mast arm with light arm (680.641825).
ITEM NO. DESCRIPTION
NEGOTIATED
ESTIMATED COST
UNIT PRICE
QUANTITY
680.641825 Signal Pole - Mast Arm $3,800 ea. 1
$3,800
with Light
2. During excavation of the northerly half of Exchange Street (both roadway
and sidewalk areas) broken concrete, railroad ties and other debris were
encountered. This resulted in additional fill in this area.
ITEM NO. DESCRIPTION NEGOTIATED ESTIMATED COST
UNIT PRICE ENTITY
03.120 Earth Fill $12 cu.yd. 230
$2,760
3. During installation of the project waterline and removal of the existing
waterline, it was discovered that the existing line ran through an existing 24
inch brick sewer. The sewer repair consisted of removing the waterline,
installing a 20 inch steel liner in the sewer, welding the liner and
backfilling with concrete.
ITEM NO. DESCRIPTION NEGOTIATED ESTIMATED COST
UNIT PRICE QUANTITY
8.820 SanitarySewerRepair $2,300 LumpSum $2,300
Total Cost Additional Work $8,860
Deleted Work
1. Due to the change of the traffic signal pole at Washington and Seneca
Streets to include a light arm (680.641825) the traffic signal pole without a
light arm (680.621825) is deleted.
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL
UNIT COST COST
680.621825 Signal Pole Mast Arm 1 each $2,350 $2,350
2. National Fuel Gas had proposed a service center on the North side of
Exchange. This project has been cancelled to we have eliminated the 8 inch
concrete driveway from our original plans.
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL
UNIT COST COST
05.208 Concrete Sidewalk and 270 sq.ft. $3 $810
Approaches - 8 Inch
3. The 24 inch brick sewer being abandoned in this project had more debris,
lesser length, and fewer manholes than expected. This resulted in the use of
less quantity of material. All of the above sanitary sewer work was done with
the approval of Buffalo Sewer Authority personnel.
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL
UNIT COST COST
8.815 Abandoning Existing 57 cu.yd. $100 $5,700
Sewer (Controlled
Density Fill)
TOTAL COST DELETED WORK $8,860
Additional Work $8,860
Deleted Work- $8,860
No Cost
Contract Summary:
Original Contract Amount $710,566
Change Order #1 No Cost
TOTAL $710,566
This work will require no extension of time. The second low bidder for this
contract was Anastasi Trucking with the Base Bid Amount of $717,621.
I respectfully certify that this no cost change is fair and equitable for
the work involved and respectfully request that your Honorable Body approve the
above change order and authorize the Commissioner of Public Works to issue said
change order to Destro Brothers Concrete Company, Inc.
Mr. Fahey moved:
That the communication from the Department of Public Works dated November
19, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "no cost" change order to Destro & Brothers Concrete Company, Inc., for
additional work relating to Exchange Street - Phase II - Group #326, Contract
#91628200.
PASSED.
AYES- 12 NOES- 0.
No. 35
Change in Contract
Exterior Caulking
City Court Building
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in contract for the Exterior Recaulking, City Court Building, Progressive
Weatherproofing C-91635700:
l. Furnish and install new caulk,
west elevation returns at windows. ADD $2,100.00
This was work thought to be done under a previous contract that was omitted.
The foregoing change results in a net increase in the contract of Two Thousand
One Hundred and 00/100 Dollars ($2,100.00).
Summary Original Amount of Contract $36,660.00
Amount of this change (No. 1) ADD 2,100.00
Revised Amount of Contract $38,760.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in Buildings O & M Account No. 100-402-031-00-560.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated November
15, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Progressive Weatherproofing, in the amount of $2,100.00
for additional work relating to Exterior Caulking, City Court Building,
Contract C-9l635700, with said cost to be charged against the Buildings O & M
Account 100-402-031-00-560.
PASSED.
AYES- 12 NOES- 0.
No. 36
Reduction in Retention
Heater/Scarifying of City Pavements 1991-92
Highway Rehabilitation Corporation
Contract #91628500
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject contract.
The Contractor has essentially completed the project with less than 1% of
the contract remaining to be completed in the Spring of 1992. The value of the
work remaining is $1,000.00.
Therefore, I am respectfully requesting your Honorable Body's
authorization to reduce the present 10% retention of the completed contract
work ($64,572.03) to $2,000.00, or two times the value of the uncompleted work.
It is respectfully requested and I recommend that your Honorable Body
authorize a reduction in retention from $64,572.03 to $2,000.00 to Highway
Rehabilitation Corporation.
Mr. Fahey moved:
That the communication from the Department of Public Works dated November
19, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a reduction in retention from $64,572.03 to $2,000.00 to Highway
Rehabilitation Corporation.
PASSED.
AYES- 12 NOES- 0.
No. 37
Restaurant/Dancing Class IV
2050 Elmwood Avenue
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing located
at 2050 Elmwood Avenue and find that as to format is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class IV License is being sought and
according to the attached reports from the Fire Department, Zoning Department
and the Building Inspector, I find that it complies with all regulations and
other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Norman J. LaBruzzo, Sr. The Police Department's approval is
attached hereto.
In consideration of the application of:
Norman J. LaBruzzo, Sr., Pres.
Buffalo Sports Garden, Inc.
2050 Elmwood Avenue
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 38
Change in Contract
University Heights Community Center
Warrens Electric
I herewith submit to Your Honorable Body the following change
in contract for the University Heights Community Center, Warrens Electric
C-9l605100:
1. Furnish and install security system. ADD: $ 38,644.60
This work was requested by the University Heights staff.
The foregoing change results in a net increase in the contract of Thirty Eight
Thousand Six Hundred Forty Four and 60/100 Dollars ($38,644.60).
Summary: Original Amount of Contract $213,373.00
Amount of this Change (No.1) 38,644.60
Revised Amount of Contract $252,017.60
This change could not be forseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in Buildings Bond. Fund 200-402-518.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated November
21, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order to Warrens Electric, in the amount of $38,644.60 for
additional work relating to University Heights Community Center, C-9l605l00,
with said cost to be charged against the Buildings Bond Fund Account
200-402-518.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF POLICE
No. 39
Investigate Use of Bicycles for Police Patrols
Resolution #133, C.C.P. November 12, 1991
Please be advised that at the present time we have motorized Scooters
that we use for Park Patrol as well as Main Place and the bike paths. I feel
that if you intend to use bicycles, you should look toward hiring Parks Rangers
to handle this type of patrol. It would be most cost effective if we would be
able to issue a portable radio to them which would keep them in touch with the
Police Department and an Officer could be dispatched to assist them within
moments. Maintenance on these motorized Scooters is very low and I feel that
they are more efficient than using bicycles.
In other cities such as Seattle, they are hiring College students to patrol
such areas during the Summer.
REFERRED TO THE POLICE REORGANIZATION COMMISSION.
No. 40
"Abandon prtn. Amelia"
Item #33. C.C.P. October 15, 1991
Upon the Common Council request of November 14, 1991 to re-inspect
the Amelia Street area, a follow-up investigation by Precinct #15 indicated
that there is no objection to the closing and abandonment of the undeveloped
and unpaved section of Ameilia Street.
Lieutenant Thomas Krug of Precinct #15 follow-up report is attached.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF FIRE
No. 41
Title Change
Communication Electrician to
Communication Technician
C.C.P. # 151 10/29/91
Please find attached, the information requested.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 42
Reinstate Sick/Vacation Time - J. Winnert
Item No. 152, C.C.P., 10/15/91
The Acting Director of Labor Relations and I are of the mutual
opinion that Article 8.1(J) of the Local 650 Collective Bargaining Agreement
cannot be interpreted as Ms. Winnert has suggested.
She is apparently of the opinion that the referenced provision would
allow the Common Council to restore time used for doctor and physical therapy
appointments, necessitated by a work related injury, to her sick leave credits
and vacation bank because the Worker's Compensation Board denied her benefits
for the days or partial days used for those purposes.
Read in its entirety the provision in question simply and essentially
gives discretion to a department head to allow an employee injured on the job
to receive full pay for the first seven days he or she misses work due to such
injury providing certain other requirements are met, i.e. returning to work
immediately upon the expiration of the seven day period and filing accident and
medical reports. It also provides that those seven days shall not be charged
against the employee's sick leave credits. No mention is made of the
employee's vacation bank.
It is quite apparent that this provision was included in the Collective
Bargaining Agreement because under the Worker's Compensation Law benefits are
not awarded for the first seven days of absence from work caused by an injury
received in the discharge of an employee's duties.
The Common Council's role, as set forth in the Local 650 Agreement is
limited to dealing with paying full wages for that first seven day period to an
injured employee who might not have met any or all of the requirements upon
which payment of full wages is contioned, or presumably, in the event of
apparent abuse of discretion by the department head in denying such payment.
Ms. Winnert was absent from work due to the injury from February 23, 1990
through March 5, 1990. However, benefits were awarded only for March 3rd
through March 5, 1990 because of the one week waiting period under the Worker's
Compensation Law.
There is some misunderstanding that if Ms. Winnert had remained away from
work she would have received benefits for all of those days or partial days on
which she had medical appointments.
It is very clear under the law that absence from work for medical
appointments is not compensable time off. A report from FCS Administrators,
Inc., the agency which represents the City of Buffalo in Worker's Compensation
matters, states that the judge made it very clear to Ms. Winnert that there is
no provision in the law that would allow her to be reimbursed for such time.
RECEIVED AND FILED.
No. 43
Amendment of Buffalo Public
Access Policy Board Rule Regulations
Item No. 126, C.C.P. 10/29/91
This is in response to your request under Item No. 126 C.C.P.
October 29, 1991, to prepare an amendment to the Buffalo Public Access Policy
Board Rules and Regulations, established by Item No. 161 C.C.P. December 27,
1988. Since the Rules and Regulations were established by Resolution rather
than agreement, the amendment should also be by Resolution.
AMENDING RESOLUTION
RESOLVED, that Item No. 161 C.C.P., December 27, 1988, be amended as follows:
The paragraph headed "Membership and Term of Office" is hereby deleted and
replaced by the following:
"Membership and Term of Office"
The Policy Board shall be comprised of fifteen members, thirteen
appointed by the Common Council and two appointed by the Mayor. Each
representative will be appointed for a two-year term effective January 1, 1991
and coinciding with the terms of the District Councilmembers. All vacancies
shall be filled in the same manner by which the original appointments are made.
Mr. Fahey moved:
That the communication from the Corporation Counsel dated November 19,
1991 be received and filed; and
That Item No. 161, C.C.P. December 27, 1988 be amended as follows:
The paragraph headed "Membership and Term of Office" is hereby deleted
and replaced by the following:
"Membership and Term of Office"
The Policy Board shall be comprised of fifteen members, thirteen
appointed by the Common Council and two appointed by the Mayor. Each
representative will be appointed for a two-year term effective January 1, 1991
and coinciding with the terms of the District Councilmembers. All vacancies
shall be filled in the same manner by which the original appointments are made.
PASSED.
AYES- 12 NOES- 0.
No. 44
Proposed Agreement between the Buffalo Police Department and Buffalo Board of
Education regarding the Drug Abuse Resistance Education (DARE) Program
The proposed agreement provides that the Police Department, acting
as a provider of services to the Buffalo Board of Education under the Drug Free
Schools and Communities Act Emergency Grant Program, will carry out certain
specified activities during the term October 1, 1991 through September 30, 1992
for which the Department will be reimbursed $177,076 on a quarterly basis as
budgeted.
No. 45
Salary Ordinance Amendment - Fire
Item No. 151, C.C.P., 10/29/91
With respect to the above referenced salary ordinance amendment
proposal, please be advised that the Civil Service Commission Administrative
Director has stated that only a change of title is involved to more properly
describe the duties of the position and that prospective candidates for the
position will be considered from the list of applicants qualified on the basis
of results of the examination for the position as presently titled.
Given these factual circumstances, it is my opinion that this amendment
would not necessitate giving a new civil service exam.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 46
R. Van Slyke - Request to convert 217 North (AIR/Al 220 Elmwood) to a
laundromat, sit-in restaurant and an arcade.
Item No. 83, C.C.P., November 12, 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 19, 1991, be received and filed; and
That "R. Van Slyke - Request to convert 217 North (a/k/a 220 Elmwood) to
a laundromat, sit-in restaurant and an arcade" 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. 47
Authorize Acceptance of 1983
Bond Issue Memo of Understand.
Funds - Scaj. Pathway Phase B Project
The New York State Department of Transportation (NYSDOT) has submitted
a fund transfer agreement to the City of Buffalo. The agreement will allow the
NYSDOT to transfer the remaining 1983 Bond Issue Memorandum of Understanding
(MOU) funds ($139,957) to the City for the purpose of constructing the
Scajaquada Pathway Phase B project. The NYSD0T funds will be combined with a
New York State Environmental Quality Bond Act (EQBA) Municipal Park grant,
donated land, improvements and labor, City of Buffalo bond funds, City of
Buffalo Community Development Block Grant funds, and Erie County bond funds to
construct a 2.1 mile pathway linking the Scajaquada Pathway Phase A and
Delaware Park with the Riverwalk. The project is estimated to cost $2.3
million.
We are distressed to learn that the County Executive in his proposed 1992
County Budget ignored the recommendations of the County Legislature and Erie
County Development Coordination Board and did not include funding for the
remainder of the county's share for the Scajaquada Pathway Phase B project
($76,000). The entire County commitment of $250,709 is required if we are to
leverage all of the State EQBA grant. The County has made available $50,000 in
1990 Capital Funds and appropriated $125,000 in the 1991 Erie County Capital
Budget. To date, the County has failed to accept several drafts of an
inter-municipal agreement for this project.
We request your Honorable Body approve an appropriate resolution
authorizing acceptance of these funds by the City, authorizing the Mayor of the
City of Buffalo to execute the fund transfer agreement tendered by the NYSDOT,
authorizing the Mayor to execute whatever other documents may be necessary for
receipt of said funds, and directing the Comptroller to establish a Trust &
Agency account to account for the funds. In addition, we request your
Honorable Body ask your colleagues in the County Legislature to honor the
county's funding commitment to this -waterfront access project.
RECEIVED AND FlLED.
No. 48
Thruway Industrial Park - Phase II Eastside of Monsignor Valente Drive and
William Street Approval of L.D.A. - William Street Associates
The City of Buffalo Urban Renewal Agency duly designated William
Street Associates and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions 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:
1. 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 COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 49
Protect Health/Safety-Sanitation Workers
Item #138, C.C.P., November 12, 1991
The concerns of the protection of health and safety of our employees
are a priority of the Streets Department.
A memorandum dated, November l, 1991 in regard to monthly safety meetings was
sent out by Deputy Commissioner, William Comello (copy attached).
On November 20, 1991, I've met with representatives from Risk and Technical
Management Inc. in regard to the health and safety of our employees. Today I am
scheduled to meet with Public Works Commissioner, David Comerford and Mike
Carducci a representative from Perfect Fit Glove, regarding safety gloves.
Safety shoes are also being distributed this week to employees of the
department.
I hope this will answer your questions, and also look forward to discussing
with the Council any other concerns which they may have.
REFERRED TO THE COMMlTTEE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 50
Mulberry Street New Housing Project
Community wide Urban Renewal Homestead Program
James Management Co., Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated James
Management Co., Inc., 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:
l. 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 COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 51
Stadium Heights New Housing Project Community Wide Urban Renewal Homestead
Program
M.J. Peterson Development Corp., BBZ Development , Inc., Paul Development Co.,
Inc. and Marrano Marc Equity Corp.
The City of Buffalo Urban Renewal Agency duly designated M.J.
Peterson Development Corp., BBZ Development, Inc., Paul Development Co., Inc.
and Marrano Marc Equity Corp. and/or a joint venture, partnership, corporation
or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject Project located on Jefferson Avenue between Landon and Riley
Streets.
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:
l. 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 COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 52
Lease Proposals for City of Buffalo Auto Pound
Attached are two proposals that this office has received that
offer the rental of property to be used as a site for the City of Buffalo auto
pound.
One proposal is from the owner of our present auto pound location, 189
Tonawanda Street. The other proposal offers property for the same purpose at
166 Dart Street.
I ask that your honorable body consider these proposals and provide
direction for the Division of Real Estate to arrange a City lease of an
appropriate site for the City auto pound.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 53
Certificate of Appointment
Appointment to become effective November 18, 1991 in the Department
of Human Resources, Division of Substance Abuse Services, Jesse J. Carmichael
51 Northumberland, Buffalo 14215, to the position of Assistant Director of
Substance Abuse Services, Permanent at the starting salary of $33,468.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 54
Surplus Vehicle Auction
Buffalo Police Department
On November 13, 1991 the Department of General Services conducted
an open bid auction for surplus Police Department vehicles. The following
vehicles received bids in excess of $500.00:
VEHICLE YEAR MAKE/MODEL MILEAGE BIDDER BID
P-829 1988 Plymo 4dsd 112,841 Wm. O'Connell $500.00
P-833 1988 Plymo 4dsd 138,379 Macco Auto 500.00
P-846 1988 Dodge 4dsd 80,295 Harold McMillen 700.00
P-849 1988 Dodge 4dsd 145,910 Elaine Karlis 550.00
P-850 1988 Dodge 4dsd 129,163 Macco Auto 500.00
P-855 1988 Dodge 4dsd 155,723 Elaine Karlis 525.00
P-856 1988 Dodge 4dsd 105,884 Norm Wojtkowiak575.00
P-916 1989 Dodge 4dsd 113,953 Richard Jones 700.00
P-835 1988 Plymo 4dsd 96,839 Richard LaPorta 725.00
Enclosed are photographs of these vehicles. Request your approval to
dispose of these vehicles for the high bids listed above.
Mr. Fahey moved:
That the communication from the Commissioner of General Services dated
November 14, 1991 be received and filed; and
That the Commissioner of General Services be and he hereby is granted
permission to dispose of the above vehicles for the high bids listed in said
communication.
PASSED.
AYES- 12 NOES- 0.
No. 55
Waiver of Performance Bond Requirement for Continental Transmission Center for
Repair and Replacement of Automotive Transmissions for City Vehicles
Bids were opened Friday, July 26, 1991 for the above. Eleven bids
were mailed, but the only bidder was Continental Transmission Center, 136
Orchard Park Road, West Seneca NY 14224. The estimated contract amount for the
rest of this fiscal year is $7,500.00.
This is a small company which cannot obtain a performance bond. Therefore, I am
requesting permission to waive the bond requirement, as per C.C.P. # 183, dated
December 8, 1987.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 56
Removal of John J. Pezzino's Name
from Eligible List for Police Officer
CCP 10/29/91, Item #132
Resolution 144, 10/15/91
At the Civil Service Commission meeting of November 6, 1991 the
Commission considered your communication of October 30, 1991 in which you asked
for an explanation as to why John Pezzino's name was removed from the eligible
list for Police Officer.
Be advised that the New York State Municipal Police Training Council medical
guidelines state that a disqualifying defect for appointment to the position of
Police Officer includes "Asthma -presence of. History or treatment within the
past five years." Mr. Pezzino has received treatment for an asthmatic condition
within the last five years. Therefore, at the Civil Service Commission meeting
of September 18, 1991 the Commission found it necessary to remove his name from
the eligible list for Police Officer because he does not meet the medical
standards prescribed by the Municipal Police Training Council.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO SEWER AUTHORITY
No. 57
BSA Offensive Odors Radiating from
Bird Island Treatment Plant
# 148 C.C.P. October 29, 1991
Please be advised that we have received subject Common Council
Proceedings relative to offensive odors radiating from our Bird Island
Treatment Plant.
Odors were indeed emitted from our Treatment Plant site this past summer.
Although these odors may be somewhat offensive, they are NOT toxic, infectious
or corrosive.
Upon investigation of the source of these odors, it was determined that much of
the emission was generated from our primary clarifiers and aggravated by the
hot weather experienced this past summer. To correct this, we have engaged the
services of Calocerinos & Spina, an engineering firm, to redesign our scum
collection system. They project that the redesign will be completed by the end
of the year and the corrective action will be implemented in the early part of
1992 before the summer season is upon us.
Further, other odors have been found to be emitted from our mixing tanks and
other areas in our treatment process. To combat these, we have attempted to
mask these odors with air sprays with some degree of success, but it did not
eliminate the source of the problem. We have started a program of injecting
ferrous chloride into our wastewater stream that will neutralize the hydrogen
sulfide and hydro carbons causing this unpleasant atmosphere.
Before the hot weather arrives next year, the odoriferous problem should be
well in hand.
We in the Buffalo Sewer Authority are aware of this problem and extremely
concerned about the comfort of our neighbors and will do everything in our
power to address this serious problem.
We will, as always, cooperate fully with your Honorable Body.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 58
PAYMENTS TO THE CITY OF BUFFALO
#95 C.C.P. 12/28/82
#142 C.C.P. 6/15/82
As requested in a November 13th letter from the Council staff, please be
advised that in Item No. 95 C.C.P. of December 28, 1982, the Common Council
authorized the City of Buffalo to enter into an agreement with the Buffalo
Sewer Authority to cover payments made to the City by the Authority. In the
1982-83 fiscal year, the Authority paid $452,130. This current fiscal year the
Authority is scheduled to pay the City $1,700,475 for various City services.
In addition, in Item No. 142 C.C.P. of June 15, 1982, the Common Council
authorized the City of Buffalo to enter into an agreement with the Sewer
Authority for the payment of the use of the Ferry Street Lift Bridge. In
1982-83 fiscal year, the Authority paid $125,000. In the 1991-92 fiscal year,
the Authority will be paying $220,000.
The following is a listing of payments made by fiscal year for City services
and for the use of the Ferry Street Lift Bridge.
Fiscal Year Regular City Services Ferry Street Bridge
1982-83 $ 452,130 $125,000
1983-84 600,000 125,000
1984-85 1,176,109 131,000
1985-86 1,300,000 138,000
1986-87 1,365,000 145,000
1987-88 1,433,000 180,000
1988-89 1,504,650 190,000
1990-91 1,659,000 210,000
1991-92 1,700,475 220,000
I would also like to point out that although the Authority pays substantial
amounts for the use of City water, the Authority does not charge the City of
Buffalo for the treatment of sewage from City-owned properties. The only
exception to this is effluents received from the Colonel Ward Pumping Station's
alum sludge facility. the Authority does charge for this facility because it
requires special pre-treatment.
The Authority also has an agreement with the Municipal Housing Authority that
caps the Housing Authority's sewage treatment costs at $29,880 regardless of
what their actual billings should be. In this current fiscal year, the Buffalo
Sewer Authority abated $103,183 from the Housing Authority's billings.
I hope this information is beneficial to you and if you have any questions or
comments, please contact me at your convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 59
Notice of Hearing
Naming Houghton Park Shelter House
"Tony Hojnacki Center"
(Item No. 127, C.C.P., November 12, 1991)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to he held before the Common Council at its
regular meeting of November 26, 1991, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published, on November 14th and November 21st,
in the Buffalo News, ad a copy of said publications are attached hereto.
RECEIVED AND FILED.
No. 60
Hearing
Naming Houghton Park Shelter House
The Tony Hojnacki Center
(Item No. 127, C.C.P., November 12, 1991)
Mr. Fahey moved that the above it: is properly before the Common
Council and the hearing be opened.
Appearances -- In favor Larry Jasinski
Opposed None
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey now moved that the name of the Houghton Park Shelter House be changed
to "Tony Hojnacki Center", and the City Clerk is directed to send certified
copies of this it:, pursuant to Section 286-5 of the Ordinances of the City of
Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 61
CLIFFORD BELL
Statement Compliance of Erie
County lenders w/Community
Reinvestment Act
Attached please find a copy of:
1. a statement read by Scott Gehl, Executive Director HOME;
2. information provided by Richard Clark, NYS Division of
Human Rights;
3. a study done in Yonkers NY provided by Armando Martinez,
Special Assistant to the Commissioner NYS Division of
Human Rights;
4. a letter from Thomas Ruthven, President, Mortgage Bankers
Association.
This information was submitted at the Public Hearing conducted by the
Economic Development Committee on Tuesday, November 9, 1991 pursuant to
resolution # 136, C.C.P. 10/29/91, "High Rate of Mortgage Rejections in
Minority Community."
The Economic Development Committee will continue to discuss this issue at
subsequent meetings.
RECEIVED AND FILED.
No. 62
Mayor Reported Out of State
Enclosed herewith is a letter from the office of the Hon. James
D. Griffin, Mayor, reporting his absence from the State from Saturday, November
16, 1991 until Tuesday, November 26, 1991.
RECEIVED AND FILED.
No. 63
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.
Public Works
RECEIVED AND FILED.
No. 64
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
321 E. Delavan Ave. George Hollins
&George Johnson
1671 Seneca St. Dreamers Party Bar, Inc. Michael J. Monile
RECEIVED AND FILED.
No. 65
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Comptroller- Michael Lovullo
Fire- Bonnie Miranda
Human Resources- Kelli O'Grady
RECEIVED AND FILED.
No. 66
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
Buffalo Sewer Authority
City Planning Board
Emergency Medical Services Board
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 67
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 13, 1991, in the Department of City
Clerk, Haleema A. Halim 92 Ericson Ave., Buffalo 14215 to the position of
Intern III, Seasonal at the starting salary of $5.00 per hour.
No. 68
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 DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment to become effective November 7, 1991, in the Department
of Stadium and Auditorium, Division of Memorial Auditorium, William Murphy 696
Abbott Rd., Buffalo, 14220 to the position of Laborer I, Seasonal at the
starting salary of $5.98/hr.
FROM THE DEPARTMENT OF AUDIT AND CONTROL
Appointment to become effective November 21, 1991, in the Department
of Audit & Control, Division of Real Estate, Louis Fasolino 208 Lexington Ave,
Buffalo, 14222, to the position of Laborer I, Seasonal at the starting salary
of $5.98/hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective November 12, 1991, in the Department
of Public Works Division of Buildings, Brian D. Mann 142 Ryan St., Buffalo,
14210 to the position of Second Class Stationary Engineer, Temporary at the
starting salary of $5.41/hr.
Appointment to become effective November 12, 1991, in the Department of Public
Works, Division of Water to the position of Water Service Worker, Seasonal at
the starting salary of $6.02/hr.
Patrick D. Farrell 42 Ward Ct., Buffalo 14220
Paul J. Gilbert 741 LaSalle Ave., Buffalo 14215
Michael P. McGavis 173 Columbus Ave., Buffalo 14220
Donald H. Siler 26 Woodside Ave., Buffalo 14220
Nathan R. Stephen 165 Blaine Ave., Buffalo 14208.
Appointment to become effective November 18, 1991 in the Department of Public
Works, Division of Water, Daniel V. Victori 224 Maurice St., Buffalo 14210 to
the position of Water Service Worker, Seasonal at the starting salary of
$6.02/hr.
Appointment to become effective November 21, 1991, in the Department of Public
Works, Division of Water, Edward Bednarz, Jr. 258 Abbott Rd., Buffalo 14220 to
the position of Water Service Worker, Seasonal at the starting salary of
$6.02/hr.
Appointment to become effective November 8, 1991 in the Department of Public
Works, Division of Buildings, Thomas A. Evans III 142 Bloomfield Ave., Buffalo
14220 to the position of Senior First Class Stationary Engineer, Temporary at
the starting salary of $7.05/hr.
Appointment to become effective November 18, 1991 in the Department of Public
Works, Division of Buildings, to the position of Senior First Class Stationary
Engineer, Temporary at the starting salary of $7.05/hr.
Herbert E. Hogue Jr., 140 Breckenridge St., Buffalo 14213
Michael L. Shea 29 Portland St., Buffalo 14220
David M. Strobele 1796 William St., Buffalo 14206.
FROM THE DEPARTMENT OF PARKS
Appointment to become effective November 12, 1991 in the Department
of Parks Christopher F. Sterlace 60 Folger St., Buffalo 14220 to the position
of Rink Attendant, Seasonal at the starting salary of $4.50/hr.
Appointment to become effective November 25, 1991 in the Department of Parks
William Fitzpatrick 56 Hansen St., Buffalo 14220 to the position of Pool
Attendant, Seasonal at the starting salary of $4.50/hr.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective November 18, 1991 in the Department
of Street Sanitation to the position of Laborer II, Seasonal at the starting
salary of $6.65/hr.
Donald J. DiFlavio II, 85 Carlyle Ave., Buffalo 14220
Thomas J. Chrosniak 173 Sears St., Buffalo 14212
Patrick T. Caetano 11 South St., Buffalo 14204
Robert D. Bell, Jr. 197 Hughes Ave., Buffalo 14208
Donald W. Colpoys 778 McKinley Pkwy., Buffalo 14220
Mark V. Fahey 248 Hancock St., Buffalo 14220
Mark E. McGill 39 Littlefield Ave., Buffalo 14211
John Tirone 45 Fairchild Pl., Buffalo 14216
Thomas F. Ruggiero 65 Sterling Ave., Buffalo 14216
John J. O'Neil 128 Tuscarora Rd., Buffalo 14220
David C. Ryan 25 Coolidge Rd., Buffalo 14220.
Appointment to become effective November 25, 1991 in the Department of Street
Sanitation Scott A. Smith 87 Peace St., Buffalo 14211 to the position of Motor
Equipment Mechanic, Permanent at the starting salary of $21,285.
FROM THE DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment to become effective November 25, 1991 in the Department
of Inspections & Community Revitalization, Division of Housing and Property
Inspections, Anthony A. Ando 256 Cumberland Ave., Buffalo 14220 to the position
of Plumbing Inspector, Provisional at the starting salary of $25,195.
Appointment to become effective November 25, 1991 in the Department of
Inspections & Community Revitalization, Division of Housing and Property
Inspections, Gary V. Fazio 23 McClellan Circle, Buffalo 14220 to the Position
of Plumbing Inspector, Provisional at the starting salary of $25,195.
Appointment to become effective November 18, 1991 in the Department of
Inspections & Community Revitalization, Division of Community Revitalization,
Patrick M. McDonald 22 Payson, Buffalo 14220 to the position of Supervisor of
Building Construction, Temporary at the starting salary of $26,820.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment to become effective November 18, 1991 in the Department
of Administration & Finance, Division of Parking Enforcement to the position of
Laborer I, Seasonal at the starting salary of $5.98/hr.
Joseph B. Bochenski 47 Sweet Ave., Buffalo 14212
Francis J. Cinelli 101 Bloomfield Ave., Buffalo 14220
James M. Sullivan 153 Crystal Ave., Buffalo 14220
Michael G. Giliforte 133 Breckenridge, Buffalo 14213.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective November 12, 1991 in the Department
of Human Resources, Division of Youth to the position of Attendant, temporary
at the starting salary of $4.25 /hr.
Michael P. Blake, 77 Spaulding Ave., Buffalo 14220
Thomas McCarthy, 83 Ramona St., Buffalo 14220
Matthew H. Smith, 311 Woodside Ave., Buffalo 14220
Keith Blum., 134 Unger St., Buffalo 14210
Daniel Edwards, 92 Ericson, Buffalo 14215
Alice Williams, 159 Durham Ct., Buffalo 14215
Pamela Williams, 26 Proctor St., Buffalo 14215
Marketa Blackwell, 394 Olympic Ave., Buffalo 14215
Appointment to become effective November 18, 1991 in the Department of Human
Resources, Division of Youth, to the position of Attendant, temporary at the
starting salary of $4.25/hr.
Renfred L. Arnold, 314 Cornwall Ave., Buffalo 14215
Kendell Burwell, 274 Dewey Ave., Buffalo 14214
Michael Drewniak, 125 Howell St., Buffalo, 14207
Michael Hughes, 30 Whitfield St., Buffalo, 14207
Christopher Lasky, 91 Eaglewood, Buffalo 14220
Mary M. Sands, 119 Kimberly St., Buffalo 14220
Daniel Summers, 33 Buffum St., Buffalo 14210
Appointment to become effective November 19, 1991 in the Department of Human
Resources, Division of Youth to the position of Attendant, temporary at the
starting salary of $4.25/hr.
Mary Amoroso, 39 Breman St., Buffalo 14213
Rose Aquilina, 145 Dorchester St., Buffalo 14213
Anthony Butera, 365 Rhode Island, Buffalo 14213
Donyale Bell, 44 Amsterdam Ave., Buffalo 14216
Lanette Boulware, 132 Harvard Pl. Buffalo 14209
Marie Celeste, 816 Richmond Ave., Buffalo 14222
Rhonda Celeste, 816 Richmond Ave., Buffalo 14222
Angeline Cipolla, 25 Knox Ave., Buffalo 14216
Mary Howell, 378 Plymouth Ave., Buffalo 14213
Mary Geraci, 29 Blam Pl., Buffalo 14214
Harriet L. Gray, 88 Deborah Lane, Buffalo 14208
Josette LaBruna, 43 Bremen, Buffalo 14213
Anna LoVullo, 365 Rhode Island, Buffalo, 14213
Linda Marchese, 191 Hodge, Buffalo 14222
Antonio Marcardo, 25 Townsend, Buffalo 14206
Danial Mercado, 40 Coit, Buffalo
Demetrius Milton 288 Peach Buffalo 14204
James Murphy III 32 Hamlin Rd., Buffalo 14208
Patrick Nicpon 753 Smith St., Buffalo 14206
Jean C. Panzarella 24 15th St., Buffalo 14213
Melanie Parker 757 Smith St., Buffalo 14206
Michelle Parker 775 Smith St., Buffalo 14206
Brian Picillo 707 Parkside, Buffalo 14216
Julie Rich 27 Norwalk, Buffalo 14216
Lori Ann Rich 27 Norwalk, Buffalo 14216
Shiela Williams 313 Landon, Buffalo 14211
Jerome Zuppardo 486 Colvin, Buffalo 14216
Appointment to become effective November 12, 1991 in the Department of Human
Resources, Division of Youth Joseph McCorquodale 1252 West Ave., Buffalo 14213.
Appointment to become effective November 12, 1991 in the Department of Human
Resources, Division of Youth to the position of Supervisor, Temporary at the
starting salary of $5.00/hr.
Shirley Amos- James 546 Suffolk, Buffalo 14215
Dwayne K. Knight 546 Northampton, Buffalo 14208.
Appointment to become effective November 19, 1991 in the Department of Human
Resources, Division of Youth to the position of Supervisor, Temporary at the
starting salary of $5.00/hr.
Irma Cole 201 E. Amherst Apt. K12, Buffalo 14214
Vera M. Foster 804 Humboldt Pkwy., Buffalo 14208
Josephine LaBruna 43 Bremen St., Buffalo 14213
Melissa Nicpon 753 Smith St., Buffalo 14206
Jean T. Panzarella 24 15th St., Buffalo 14213
LeMar Robinson 17 Hamlin Rd., Buffalo 14208
Appointment to become effective November 15, 1991 in the Department of Human
Resources, Division of Substance Abuse Services, Kelli L. O'Grady 212 Summit
Ave., Buffalo 14214.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 69
Buffalo Cable Access Media
Buffalo Community's Television's
Revised Budget 1991-1992
I am submitting Buffalo Community Television's (B- CAM), revised
budget for fiscal year 1991 - 92. This budget is based on 9 months of
operations commencing October l of this year.
After reviewing the current financial status of our Trust and Agency
account with the City of Buffalo, we are confident that this revised budget
reflects the most comprehensive and effective start-up budget plan for the
public access operation.
During the next few weeks I will be calling your offices to schedule an
appointment with you to discuss and/or answer any questions you may have
regarding our revised budget.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 70
EAST PARALYZED VETERANS ASSOCIATION
Request Curb Ramps/Capital Improvement Project
We wanted to acknowledge and thank you for your efforts and recent
resolution regarding the installation of curb ramps in the Masten District area
of the city.
The installation of curb ramps on Humboldt Parkway, Jefferson Avenue, Utica
Street, Riley Street, Fillmore Avenue, Wohlers Avenue, Roehrer Avenue, E.
Delevan Avenue and Northland Avenue would be a benefit to persons with
disabilities residing in or visiting Buffalo.
Again, we appreciate your involvement on our behalf. The Eastern Paralyzed
Veterans Association, the largest chapter of Paralyzed Veterans of America, is
a congressionally chartered, non-profit organization dedicated to serving
veterans with spinal cord injuries and all persons with disabilities in New
York, New Jersey, Pennsylvania and Connecticut. Headquartered in New York, EPVA
has regional offices in Philadelphia and Buffalo.
RECEIVED AND FILED.
No. 71
DRUCILLA HEMPHILL
Claim - Water Break
115 E. Utica
This morning (Sunday 11/17/91), two houses burned on our block
of East Utica St.
Many engines were present to fight this terrible fire.
Our driveway was used by the driver of one of these engines to turn around.
After this, we noticed water coming up through the ground in our driveway.
There appears to be a broken water pipe.
I would appreciate it if you would send someone to check and repair whatever
damage there is. The water has been running out of the ground all day today.
Since this will cause a real hazard for people walking past here if it should
freeze. We would urge you to give this your immediate attention.
Again, thank you for whatever assistance you can give us.
REFERRED TO THE COMMITTEE ON CLAIMS, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 72
N.Y.P.I.R.G.
Support Waste Reduction &
Packaging Bill
NYPIRG. the New York Public Interest Research Group, is organizing
a campaign to help support the Waste Reduction and Packaging (WRAP) Bill. The
bill requires that packaging be made of at least 50% recycled content. This
would generate a market for recycled materials. A summary of the bill's
provisions is enclosed.
From 1960 to 1986, the American population grew by 34 percent, but the amount
of solid waste generated skyrocketed by 80 percent. We are producing
unnecessary garbage by the tons. A paradox has developed in the United States.
With all of the technology at our disposal, we still pave very serious
problems to solve. Waste management is only one of them. We should be using
the technology we have to make a progressive movement toward the future.
WRAP: which is the most far-reaching waste reduction and packaging legislation
in the country, complements the efforts of NYPlRG and other environmentalists
to encourage the development of local recycling programs, stop incineration,
and close unsafe landfills, To be successful, we need your help.
First, have your organization endorse the WRAP bill. We need as many
endorsements as possible so we can demonstrate the strength of our coalition to
legislators . Second, volunteer to help pass the bill. We will need people to
write and talk to legislators.
Please fill out and return the enclosed WRAP endorsement and volunteer
form. With your help, we can change the direction of solid waste policy in New
York State.
Mr. Fahey moved:
That the communication from New York Public Interest Research Group, Inc.
(NYPIRG) be received and filed; and
That this Common Council hereby endorses the Waste Reduction and
Packaging Bill (WRAP) drafted by the New York Public Interest Research Group,
Inc. (NYPIRG) requiring, among other things, that packaging be made of at least
50% recycled content, and
That the Common Council of the City of Buffalo hereby memorializes the
New York State Legislature to enact the WRAP into law, and
That the City Clerk is hereby directed to send a certified copy of this
approving motion to each member of the Western New York delegation of the State
Legislature.
ADOPTED.
No. 73
STATE OF NEW YORK
DEPARTMENT OF LAW
INGRAM MICRO D
I apologize for not having to responded to your office's correspondence
of September 24, 1991, but we have no record of having received it. We have,
however, reviewed your recent letter and the resolution concerning the above
corporation.
It appears that the proscription of General Municipal Law 862 could
provide a private cause of action. See, e.a., Northeast Parent & Child
Society. Inc. v. City of Schnectady Industrial Development Agency, 114 AD2d 741
(3d Dept 1985). I note that this matter has also been referred to the
Corporation Counsel; that official would be in the best position to determine
whether an action should be brought on behalf of the City.
RECEIVED AND FILED.
No. 74
PARKER BAY CONSULTANTS, INC.
Rose Garden Preservation Plan
Delaware Park Casino
In response to your letter dated November 6, 1991, we respectfully
submit the following responses:
Q. Has the Casino been leased out within the last year?
A. No
Q. If so, under what authority and to whom?
A. The City by item 86, C.C.P., 1/8/91 approved a lease between the City and
Parker Pay. Under paragraph 13, subleases are permitted with prior written
consent of the City. To date, no subleases have been prepared or executed.
Supplemental information: Please be advised that Parker Pay has provided space
for single events such as a wedding reception, party, and non-profit fund
raising activity.
Q. How were these individuals charged and also how much?
A. The fees assessed for utilization of the facilities varies depending upon
the time, size and duration of the event. Las summer no fees were assessed
since no interior activities could be held and no restrooms existed. For
current request for facility usage, the fees are still being reviewed but are
tentatively set at $250 to $600 depending on the day, time and size of the
event. Please remember that the mid-level banquet facilities are yet to be
completed and as such Parker Bay has not advertised or actively sought bookings
or events.
We trust that this letter satisfies your request. We will be pleased to meet
with your further should you require additional information or have any
concerns over the short term construction activities and their effect on
facility usage or the long term plans for Casino development and activities.
With respect to the Rose Garden Preservation Plan, please be advised that our
efforts there are designed to preserve and plan for the future of the Garden.
The location of the Gardens close to the Casino can be an added attraction or a
significant detraction from our efforts to improve this area of the park.
Given the increased activities at the Casino and the ongoing Shakespeare in the
Park summer plays the Rose Garden offers considerable added beauty to the Park
and its patrons. Our efforts forts are designed to ensure the long term care
and preservation of the beauty.
In the event you require any additional input on the Rose Garden Preservation
Plan, please do not hesitate to call.
RECEIVED AND FILED.
No. 75
WILLIAM STACHOWSKI
Layoffs-SLA
I am in receipt of the Resolution adopted by the Buffalo Common
Council (#150) regarding the layoffs experienced by the local office of the
State Liquor Authority (SLA). I would be most appreciative if you could
acknowledge receipt of the Resolution to members of the Council and pass along
this response.
As all members are no doubt aware, in an effort to balance the 1991-92
budget, New York State has attempted to reduce its' workforce to offset an
enormous deficit. Part of that reduction was the unfortunate removal of
several positions within the SLA.
Although I did not vote in favor of the government operations bill which
contained the layoffs, it appears uncertain that the necessary revenues to
restore these positions will be available in the near future. Another
multi-million dollar cash shortfall has been predicted for the present year
which will require our immediate attention.
Also, I'd like to add that I have personally met with SLA investigators
who were to be affected by the layoffs. At that time I assured them that I
would do everything possible to reinstate their positions; especially in light
of the fact that field investigators were cut while public relations staff for
the SLA were kept intact.
I hope this letter clarifies my position on this issue for the Council.
RECEIVED AND FILED.
No. 76
TCI OF NEW YORK, INC.
REASONS FOR RATE INCREASE
TCI of New York, Inc. will announce a rate increase on January
1, 1992. I'm writing to give you perspective on some of the business realities
prompting out' decision.
Cable television has come a long way from the days when its benefits were
limited to better TV reception and reruns of TV favorites like "The Andy
Griffith Show". Over the past 20 years a TO revolution has taken place with
America's emergence from the dark ages when viewers had only three channel
options available. Today, customers of TCI of New York iII Buffalo have 48
channels to choose from, and the number could easily skyrocket further with the
technological advancements on the horizon. Our subscriptions have grown 12%
from 76,700 in 1989 to 86,000 today. Nationally, cable's share of TV viewing
household grew 133% between 1983 and 1990 to a 21 share, while ABC, CBS and
NBC's affiliate stations experienced a 25% drop to a 55 share -- indicating
cable is becoming the medium of choice for the extensive variety of TV
programming it offers. Residents of Buffalo and millions of other Americans
value cable more than ever before: At no other time was it more apparent than
with CNN's Gulf War coverage.
At TCI of New York, we have worked hard over the years to keep cable as
economical as possible, and we will continue to do so. As America's largest
cable operator, TCI has taken advantage of economies of scale to obtain volume
discounts on such things as equipment and programming, and the benefits have
been passed on to local systems like ours so we can keep rates as low as
possible. Like any other business, however, we face increases in operating
expenses like wages, taxes, insurance and utilities, as well as other costs
unique to the - cable business. This year is no exception. Cable television is
a very capital intensive business. And, unlike most other businesses, the
costs associated with our cable, equipment and programming make up the majority
of the rates we charge. We also feel it is important to pay our local employees
more, so that they too may keep up wit!, inflation.
Since 1988, for example, programming costs to TCI have grown on the average 30%
each year. Many people are unaware we pay fees to the cable programmers -- a
significant amount, in fact. In 1991, TCI invested $625 million on
programming, representing an average monthly cost of $6.13 per customer. This
investment includes TCl's equity investment in networks like CNN, as well as
license fees to other cable networks.
While programming costs are less than our operating expenses, they are growing
rapidly. Programming is the part of our business that affects you and our
customers most directly.
And our costs don't stop there. We are also investing in Buffalo's future. We
provide cable programming at no charge to 89 local schools, numerous libraries,
public buildings, and community centers for example. In 1989 and 1990, TCI of
New York completely rebuilt the Buffalo Cable System, investing some $17
million. The rebuild consisted of the replacement of all signal distribution
equipment and all cable drops from the telephone poles to the subscriber's
homes. The effect of this project has been dramatic. Area service outages
have been decreased due to the addition of stand-by powers supplies that keep
the cable signal operational even if there is an interruption in electrical
power. Picture quality has improved. We offer the majority of our Premium
Services, HBO, The Movie Channel, Disney and Encore to customers without the
need for an addressable converter. This allows customers with cable-ready
televisions and OCR's to receive these services without any additional
equipment.
TCI of New York remains the only cable system in Western New York that offers a
discount to Senior Citizens. TCI, in addition, does not charge for additional
televisions hooked up to cable, which saves customers from $4 to as high as $15
per month.
We believe that even with the upcoming rate adjustment, cable TV is still a
great value relative to other entertainment options. For the cost of just one
evening out at the movies for a family of four, our customers can get a whole
month's worth of entertainment, 24 hours a day, 7 days a week -- plus a whole
lot more. From HBO and Showtime, to Nickelodeon and MTV -- there's something
for everyone in the family on cable.
Please feel free to call me at 862-4646 if you have any questions.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 77
WESTERN NEW YORK COMMUNICATIONS
PAYPHONES ON CITY PROPERTY
Here is some additional information regarding our vending of pay
telephones on city property:
Our commissions to the City of Buffalo will be DOUBLE that paid by NY Telephone
Company. (In fact, for monthly revenue below $150 (outside phone), we pay 5%
whereas NY Tel pays nothing.)
We use the same commission schedule for everyone, whether the payphone be
located in Buffalo, Niagara Falls, Rochester or NY City. (We have phones in all
of those places)
I have enclosed a sheet which shows our commission verses NY Tel's commission.
NY Tel's commission schedule is tariffed by the Public Service Commission and
applies statewide.
We agree to pay to the City of Buffalo a commission based upon any future
changes that we make in our general Vending Agreement that would apply to
customers at that time.
We also agree to not allow incoming phone calls from our payphones.
There are many advantages to working with Western New York Communications over
NY Telephone: For one thing, NY Tel purposely overpopulates an area with
payphones to force each payphone into a lower commission bracket. Also, our
commissions are double those of NY Telephone.
Thank you very much for your cooperation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
PETITIONS
No. 78
Erie Co. Industrial, owner and Rich Products, petition to use 1200 Niagara St.
for a Wall Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 79
S. Frisicaro, owner, Hui Huynh, agent, petition to use 1096-1098 Elmwood for a
sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 80
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
(ITEM NO. .189, C.C.P., SEP. 3, 1991)
(ITEM NO. 87, C.C.P., NOV. 12, 1991)
That the Salary Ordinance Amendment as contained in Item No. 189,
C.C.P., September 3, 1991, be and the same hereby is approved.
Mr. Fahey moved to approve the above item; seconded by Mrs. LoTempio.
LOST.
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 6.
NOES- AMOS, BELL, COLLINS, COPPOLA, PITTS, ZUCHLEWSKI- 6.
No. 81
CITY OF BUFFALO
LOCAL LAW NO ______ (1991)
INTRODUCTORY NO. 19 (1991)
(Item No. 135, C.C.P., November 12, 1991)
That the Local Law as contained in Item No. 135, C.C.P., November
12, 1991, be and the same hereby is approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS- 10
NOES- COPPOLA, ZUCHLEWSKI- 2
No. 82
REINSTATE SICK/VACATION TIME
J. WINNERT
ITEM NO. 152, C.C.P., OCT. 15, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Higgins moved:
That pursuant to Article 8.1 Section J. of the Local 650 Agreement with
the City of Buffalo, this Common Council hereby determines that 55 3/4 days
shall be reinstated to the sick leave credit and vacation banks of Judy A.
Winnert for time taken for doctors' appointments and physical therapy
treatments related to a work-related injury occurring on February 15, 1991, and
that all City of Buffalo officials and employees involved with such personnel
record keeping be and hereby are authorized to take all steps and procedures
necessary to reinstate such time accordingly for the benefit of Ms. Winnert.
Seconded by Mr. Fahey.
Mr. Coppola now moved to amend to recommit the above item to the Committee on
Civil Service.
Seconded by Mr. Pitts.
LOST.
AYES- AMOS, BELL, COLLINS, COPPOLA, PERLA, PITTS- 6.
NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6.
Mr. Higgins now moved his original motion to approve the above item.
Seconded by Mr. Fahey.
PASSED.
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 7.
NOES- AMOS, BELL, COLLINS, COPPOLA, PITTS- 5.
No. 83
REINSTATE SICK/VACATION TIME
J. WINNERT (ASSMT)
ITEM NO. 19, C.C.P., OCT. 29, 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 hereby is received and filed.
ADOPTED.
No. 84
Appointment
Public Works//Engineering Inspector
That Communication No 33 CCP Nov 12, 1991 be received and filed
and the Permanent contingent appointment of Gilbert Campbell stated above at
the maximum salary $29,079.00 effective on Oct 28, 1991 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 85
Notices Of Appointments (C.Clerk)
(Item # 70 CCP Nov 12 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 86
Delaware Park Casino - Supplemental Lease
Agreement for Presentation of the Rose Garden
Item No. 22 C.C.P. 10/29/91
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved:
That the above be recommitted to the Committee on Finance.
Seconded by Mr. PerIa
ADOPTED.
No. 87
Delaware Casino Supplemental Lease (CC)
(Item # 38 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 88
RENEW LEASE
FILLMORE-LEROY COUNSELING CLINIC
2255 FILLMORE AVENUE
(ITEM NO. 49, C.C.P., OCT. 29, 1991)
That the Comptroller be, and he hereby is authorized to renew
a lease with Mr. Victor A. Heaps, for 2255 Fillmore Avenue, for a period of
three years from November l, 1991 through October 31, 1994, under the same
terms and conditions as the existing lease.
PASSED
AYES- 12 NOES- 0.
No. 89
Renew Lease//Fillmore/Leroy Clinic (CC)
(Item # 39 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
GETHSEMANE MISSIONARY BAPTIST CHURCH
OFFER TO PURCHASE 22 ROSE
(ITEM NO. 63, C.C.P., OCTOBER 29, 1991)
That the City-owned property commonly known as 22 Rose Street
hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Gethsemane
Missionary Baptist Church on the condition the property is cleared and improved
within six (6) months and the property is maintained in a sanitary manner for
at least thirty-six (36) months.
PASSED.
AYES- 12 NOES- 0.
No. 91
RESULT PRIVATE SALE
1168 BROADWAY
(ITEM NO. 15, C.C.P., NOV. 12, 1991)
That the above item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be and he hereby is authorized to purchase 1168
Broadway from the Polish Singing Circle for the purchase price of $60,000.00;
and
That subsequent to renovation of said property by the City, the
Comptroller be and he hereby is authorized to lease said property to the
Neighborhood Information Center (NIC) for an initial term of five years with
three renewable five year options for rent in the amount of One Dollar ($1.00)
and NIC shall sublease the second floor of the building to the Polish Singing
Circle.
PASSED.
AYES- 12 NOES- 0.
No. 92
RE: H. COLE - OBJECTION TO WATERLINE REPAIR CHARGES
130 MONROE
(Item No. 128, C.C.P., 9/3/91)
That the Director of Water be and he hereby is
authorized to abate
all charges in the amount of $902.70 assessed against work done at 130 Monroe
Street on or about February 14, 1991 through and including February 27, 1991
and to delete said amount from the water bill for 130 Monroe Street.
PASSED
AYES- 12 NOES- 0.
No. 93
REFUND OF EXCESS TAXES PAID BY WATERGATE II
APARTMENTS (WATERGATE)
1987-88 THROUGH 1990-91
(ITEM NO. 27, C.C.P., OCTOBER 29, 1991)
That the Comptroller of the City of Buffalo be, and he hereby
is, authorized and directed to draw a check on the appropriate account in the
sum of $20,656.83 and return the same to Watergate in refund of excess taxes
paid by Watergate to the City of Buffalo for the tax years listed below.
TAXES PAID EXCESS OVER$35,200 CITY'S SHARE
1987-88 $39,736.10 $ 4,536.10 $ 3,265.99
1988-89 $39,869.89 $ 4,669.89 $ 3,642.51
1989-90 $42,221.48 $ 7,021.48 $ 5,266.11
1990-91 $46,509.63 $ 11,309.63 $ 8,482.22
TOTAL $20,656.83
PASSED.
AYES- 12 NOES- 0.
No. 94
Refund Taxes//Watergate II (Assmt)
(Item # 20 CCP Nov 12 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
BIDS - MULTIPLE PARKING SERVICES, INC.
155 WASHINGTON STREET
(ITEM NO. 7, C.C.P., NOV. 12, 1991)
That the Board of Parking be, and he hereby is authorized to award
a three year lease to the Multiple Services, Inc., the highest responsible
bidder in the amount of $49,339.20.
PASSED.
AYES- 12 NOES- 0.
No. 96
RE: INCREASE IN CONTRACT 91547100
PILOT FIELD INTERIM IMPROVEMENTS ELECTRICAL
(ITEM NO. 47, C.C.P., NOV. 12, 1991)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue Change Order #4 on Contract 91547100 with Industrial
Power and Lighting Corporation, in the amount of $1,091.15 for additional work
relating to Pilot Field Interim Improvements - Electrical, with said cost to be
charged against the Capital Enterprise Account 415-717-101.
PASSED.
AYES- 12 NOES- 0.
No. 97
INVESTIGATION/RELOCATION OF
INGRAM MICRO D
(ITEM NO. 132, C.C.P., SEPTEMBER 17, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved that the above item he and the same is hereby received
and filed.
ADOPTED.
No. 98
N.F.G.//Information On Closing Of Service Center
(Item # 77 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 99
REPORT OF EXTERNAL AUDIT
PILOT FIELD
(ITEM NO. 10, C.C.P., NOV 12, 1991)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 100
RE: R. VanSLYKE, OWNER, PETITION TO USE
217 NORTH STREET FOR A LAUNDROMAT/
ARCADE/RESTAURANT
(Item No. 83, C.C.P., 11/12/91)
That after a public hearing held before the Committee on Legislation
on November 19, 1991 the petition of R. VanSlyke to use 217 North Street for a
laundromat/arcade/restaurant, be and the same hereby is approved, upon the
following conditions:
l. Business hours will be from 7:00 a.m. to 11:00 p.m.
2. Two people will be working on the premises at all times.
3. No wine, beer or liquor will be sold.
4. A security system will be installed on the property.
5. Signs will comply with C-1 zoning guidelines.
6. A full time security officer will be on the premises for the first
month.
PASSED.
AYES- 12 NOES- 0.
No. 101
MICHAEL DRISCOLL, OWNER, PETITION
TO USE 256 ALLEN FOR A SIT-IN RESTAURANT/I APT.
(Item No. 106, C.C.P., 11/12/91)
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.
PASSED.
AYES- 12 NOES- 0.
No. 102
RAMESH CHAINANI, OWNER, PETITION TO USE
1122-1124 ELMWOOD FOR A TAKE-OUT RESTAURANT
(Item No. 107, C.C.P., 11/12/91)
That Ramesh Chainani, owner, be and he hereby is granted permission
to use 1122-1124 Elmwood for a take-out restaurant with the following
conditions:
1. Owner is to keep the sidewalk free of debris, litter, snow and
ice.
2. Owner is to maintain the tree and area around it.
3. Two decorative trash receptacles will be placed outside the
restaurant and will be the responsibility of the owner.
4. No cooking will be allowed without Common Council
approval.
5. No seating will be allowed without Common Council
approval.
6. No use permit will be issued until any housing and property
code violations are corrected. This will include interior and
exterior inspections and will include any residential units in
this building.
7. No portion of this building will be used to accommodate the
expansion of any other restaurant without the approval of the
Common Council.
8. No alcoholic beverage without the approval of the Common
Council.
PASSED.
AYES- 12 NOES- 0.
No. 103
R. CHAINANI - REQUEST TO CONVERT
1122-1124 ELMWOOD AVENUE TO A
TAKE-OUT RESTAURANT
(ITEM NO. 108, C.C.P., 11/12/91)
That "R. Chianani - Request to convert 1122-1124 Elmwood Avenue
to a take-out restaurant" 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. 104
R. Chainani//Use 1122 Elmwood For Restaurant (CPBD)
(Item # 109 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
EASEMENT
1406 HERTEL AVENUE - SIGN
(ITEM NO. 25, C.C.P., OCT. 29, 1991)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Dennis Wilcox of Wilcox Brothers Signs, acting
as agent for Mr. Michael Selcer and Mr. William Sucker, owners of property at
1406-1408 Hertel Avenue, to install a sign which would encroach city
right-of-way at said address, subject to the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sign.
PASSED.
AYES- 12 NOES- 0.
No. 106
M. Zelcer//Install Sign/Easement/I 406 Hertel (CPBD)
(Item # 6 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
ORDINANCE AMENDMENT
CHAPTER 167 - ELEVATORS
(ITEM NO. 139, C.C.P., NOVEMBER 12, 1991)
That the Ordinance Amendment as contained in Item No. 139, C.C.P.,
November 12, 1991, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 108
Ordinance Amendment//Chpater 375/Elevator Fees
(Item # 140 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
NOTIFICATION SERIAL 8210
(ITEM NO. 21, C.C.P., NOV. 12, 1991)
That the Commissioner of Public Works be and the same hereby is
notified that the following Serial Numbers are hereby denied:
8210, 8211 and 8212; and
That 8215 be received and filed.
ADOPTED.
No. 110
Four-way Stop Signs//Various Locations (CC)
(Item # 31 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Ordinance Amendment//Separation of Yard Wastes (STS)
(Item # 52 CCP Oct IS, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Ordinance Amendment//Separation Of Yard Wastes (EMC)
(Item # 12 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Snow Control Plan 1991/92 (STS)
(Item # 48 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
City Water Quality (EMC)
(Item # 11 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Claim For Supplies Last Fiscal Year (STS)
(Item # 49 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 116
Hearing
L.D.A. Walden Park Senior Housing Complex
(Item No. 55, C.C.P. November 12, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
its regularly scheduled meeting on November 26, 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. Bakos the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances:- Louis Malucci, Inspections and Community Revitalization
Department
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bakos.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Walden Park Associates and/or other legal entity
to be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(l) That and/or other legal entity to be formed was duly designated as
qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency
, is hereby
approved as the Redeveloper for the Walden Park Senior Housing Complex in the Community Wide Urban Renewal Demonstration
Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 12 NOES- 0.
No. 117
CLINTON-EMSLIE NEW HOUSING
PROJECT PHASE II
ITEM NO. 110, C.C.P., OCT. 29, 1991
That the above Item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Burke Brothers Construction and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
That the City Clerk has published a Notice of Public Hearing, as required
by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
That Burke Brothers Construction and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved by the Redeveloper for the Clinton-Emslie
New Housing Project Phase II and Valley New Housing Project in the Community
Wide Urban Renewal Demonstration Program Area, for the construction of fourteen
residential dwelling units.
That the Land Disposition Agreement between Buffalo Urban Renewal Agency
and Burke Brothers Construction is hereby amended to divide said Land
Disposition Agreement into two separate Land Disposition Agreements; the first
being the Clinton-Emslie New Housing Project Phase II for the construction of
twelve (l2) residential dwelling units and the second entitled Valley New
Housing Project for the construction of two residential dwelling units and that
all other terms and provisions shall remain the same in both of the amended
Land Disposition Agreements.
That the said Land Disposition Agreement for Valley New Housing Project
,
be and hereby is approved (849 & 865 South Park)
That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is
hereby authorized to execute any and all deeds or other legal documents to
convey the land described in the amended Land Disposition Agreement for the
Valley New Housing Project to the Redeveloper and/or other legal entity to be
formed, in accordance with the terms and conditions of said Agreement and for
the consideration recited therein.
That the said Land Disposition Agreement for the Clinton-Emslie New
Housing Project Phase II remain in the Economic Development Committee for
further consideration.
PASSED.
AYES- 12 NOES- 0.
No. 118
NFTA//Tonawanda Corridor Feasibility Study
(Item # 135 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 119
BY: MR. AMOS
TRANSFER PUBLIC PARKING LOT- MERRIMAC/HEATH
WHEREAS: The Buffalo Urban Renewal Agency purchased and constructed
a public parking lot at 15 Merrimac and 20 Heath; and
WHEREAS: The maintenance and financial upkeep of this lot was to be the
responsibility of the abutting property owners; and
WHEREAS: The new University Heights Community Center being built by the City
of Buffalo is partially constructed over this lot; and
WHEREAS: The new Center will need parking to run successful programming; and
WHEREAS: This lot's location naturally lends itself to daily use by the many
employees of the Center and participants in its programs.
NOW, THEREFORE, BE IT RESOLVED THAT
This Honorable Body requests that the Buffalo Urban Renewal Agency
be relieved of responsibility of this lot and that they transfer these lots to
the City of Buffalo for the use of the Community Center and general public.
ADOPTED.
No. 120
BY: MR. BAKOS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF THRUWAY INDUSTRIAL PARK
-PHASE II EASTSIDE OF MONSIGNOR VALENTE DRIVE AND WILLIAM STREET
WHEREAS, William Street Associates and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
Thruway Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal 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:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
29th day of November 1991.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
10th day of December 1991.
ADOPTED.
No. 121
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
DEPARTMENT OF ASSESSMENT
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$4,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Department of Assessment an said sum is hereby
reappropriated as set forth below:
FROM:
100 General Fund
09-0 - Department of Assessment
001 - Assessment
Personal Services
114 - Overtime Pay $4,000
100 General Fund
09-0- Department of Assessment
085 - Capital Outlay
982 - Operating Equipment
Data Processing Equipment $4.000
PASSED
AYES- 12 NOES- 0.
No. 122
BY: MR. COLLINS
Transfer of Funds
Appropriation Allotments -
Capital Projects Fund
Division of Buildings
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$20,200 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Capital Projects Fund Division of Budget &
Management and said sum is hereby reappropriated as set forth below:
From:
200 Capital Projects Fund
06-I Division of Budget & Management
001 - Planning for Capital Projects $20.200
To:
200 Capital Projects Fund
40-2 Division of Buildings
513- Reconstruction of Police Headquarters $20.200
PASSED
AYES- 12 NOES- 0.
No. 123
BY: MR. COLLINS
Increased Appropriation
New York State Revenue
General City Charges
That, pursuant to Section 41 of the Charter and the Certificate
of the Acting Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - General City Charges be and the same is hereby increased in the
sum of $969,968.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue
100 General Fund
810-General City
403 - State
85540 - Special Program Revenue - Hurd $969,968
To meet this increased appropriation as set forth below:
TO:
100 General Fund
81-2 General City Charges
836 - NYS Municipal Bond Bank Agency $969,968
PASSED.
AYES- 12 NOES- 0.
No. 124
BY: MR. COLLINS
BOND RESOLUTION $400,000 SERIAL BONDS THE PURCHASE OF AN AERIAL
LADDER FIRE TRUCK ACCOUNT 200-101-033 BOND RESOLUTION OF THE CITY OF BUFFALO,
NEW YORK, AUTHORIZING THE ISSUANCE OF $400,000 GENERAL IMPROVEMENT SERIAL BONDS
OF SAID CITY, TO FINANCE THE COST OF THE PURCHASE OF AN AERIAL LADDER FIRE
TRUCK, AT THE ESTIMATED MAXIMUM COST OF $400,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE,
NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Four Hundred Thousand Dollars ($400,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of the purchase an aerial ladder fire truck. The estimated maximum cost of
said specific object or purpose for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is Four Hundred Thousand Dollars ($400,000)
as set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of General Services, Division of Purchase, "Purchase of Fire
Fighting Vehicles 1991-92," Bond Authorization Account No. 200-101-033, and
shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 27. of the Local Finance Law, is
twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation motes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law Said bonds arid said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith avid credit of said City
are hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
NOV 26 1991
LAID ON THE TABLE.
No. 125
BY: MR. COLLINS
BOND RESOLUTION
$650,000 SERIAL BONDS
THE PURCHASE OF AN AMPHIBIOUS FIRE FIGHTING VEHICLE
ACCOUNT 200-101-034
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $650,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE PURCHASE OF AN AMPHIBIOUS FIRE FIGHTING VEHICLE, AT THE
ESTIMATED MAXIMUM COST OF $650,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Six Hundred Fifty Thousand Dollars ($650,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); to finance the
cost' of the purchase of an amphibious fire fighting vehicle. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is Six Hundred Fifty Thousand
Dollars ($650,000) as set forth in the duly adopted Capital Improvements Budget
of said City for fiscal year 1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of General Services, Division of Purchase, "Purchase of
Amphibious Fire Vehicle 1991-92," Bond Authorization Account No. 200-101-034,
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 27. of the Local Finance Law, is
twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
NOV 26, 1991
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND LOCAL 282.
No. 126
BY: MR. COLLINS
BOND RESOLUTION
$2,200,000 SERIAL BONDS
THE PARTIAL RECONSTRUCTION OF JEFFERSON AVENUE
FROM HIGH STREET TO SYCAMORE STREET
ACCOUNT 200- 401-001
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $2,200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE PARTIAL RECONSTRUCTION OF JEFFERSON AVENUE FROM HIGH
STREET TO SYCAMORE STREET, AT THE ESTIMATED MAXIMUM COST OF $2,200,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Two Million Two Hundred Thousand Dollars ($2,200,000), pursuant to the
provisions of the Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to
finance the cost of partial reconstruction of Jefferson Avenue from High Street
to Sycamore Street. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is Two Million Two Hundred Thousand Dollars ($2,200,000) as set forth
in the duly adopted Capital Improvements Budget of said City for fiscal year
1991-92.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Engineering, "Reconstruction of
Jefferson Avenue from High Street to Sycamore Street," Bond Authorization
Account No. 200-401-001, and shall be used for the purpose specified in Section
- 1 of this resolution.
Section 3. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 20. (d) of the Local Finance Law,
is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 5. The validity of the bonds authorized by this resolution or
any bond' anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced:
Nov 26 1991
LAID ON THE TABLE.
No. 127
BY: MR. COLLINS
RE: MEMORIALIZE U.S. CONGRESS -CABLE CONSUMER PROTECTION ACT OF
1991 (HR 3560)
WHEREAS: The Cable Act of 1984 effectively deregulated the cable
television industry, sharply curtailing the ability of municipalities to
regulate rates and programming; and
WHEREAS: Consumers throughout the country have suffered as a result, as
cable rates have risen dramatically since control was taken away from
franchising authorities; and
WHEREAS: A number of bills have been introduced in Congress designed to
re-regulate cable, notably M.R. 3560, also known as the Cable Protection Act of
1991; and
WHEREAS: Among its provisions, M.R. 3560 would permit local regulation of
basic cable service and related charges, and provide franchising authorities a
meaningful right to solicit and grant competitive bids for a franchise subject
to renewal; and
WHEREAS: M.R. 3560 has the backing of the National Association of
Telecommunications Officers and Advisors, the National League of Cities, the
U.S. Conference of Mayors, the National Association of Counties, and the
Consumer Federation of America; and
WHEREAS: If enacted, M.R. 3560 will help stimulate competition in the cable
industry, while giving local governments the interim authority they need to
protect cable subscribers from unfair rate increases and other abuses by cable
operators;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council memorialize the United States Congress to approve M.R.
3560, "The Cable Consumer Protection Act of 1991;" and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies to this resolution to the Speaker
of the House, the Western New York Delegation to the Mouse of Representatives,
and to the New York State representatives in the U.S. Senate.
ADOPTED.
No. 128
BY: MR. COPPOLA
REQUEST FUNDING FOR ZOO
EIS
WHEREAS: Although the Buffalo Zoo is presently being administered
by the Buffalo Zoological Society, the Zoo is a city-owned facility; and
WHEREAS: The Zoo has proposed development of an elephant habitat for the
expansion of the herd and future breeding program; and
WHEREAS: The proposal requires an Environmental Impact Statement (EIS) in
accordance with the New York State Environmental Quality Review Act (SEQRA);
and
WHEREAS: The cost of the EIS has been projected at $30,000; and
WHEREAS: The City of Buffalo has a reserve line for public improvement
projects; and
WHEREAS: This account, #200-061-001 - Planning for Capital Projects, could
fund the cost of the EIS as an environmental impact statement is part of the
planning for a capital project.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Department of Administration and Finance
investigate the possibility of allocating $30,000 from account #200-061-001 -
Planning for Capital Projects to the Buffalo Zoo for an Environmental Impact
Statement on the proposed development of the elephant habitat.
BE IT FURTHER RESOLVED THAT
That the Administration review the Zoo's proposal and offer assistance to
facilitate the completion of this project.
ADOPTED.
No. 129
BY: MR. COPPOLA
REQUEST INVESTIGATION
INTO INSTALLATION OF
AWNING AT 2616-20 MAIN
WHEREAS: The owner of 2616-20 Main Street installed a back-lit
awning on the front of his building which encroaches onto the city
right-of-way; and
WHEREAS: The owner did not obtain a building permit, electrical permit, or
indemnity bond, nor did he request Council approval, which is required due to
the Rapid Transit Overlay Corridor; and
WHEREAS: The lack of indemnity bond is a serious matter as the City of
Buffalo must not be held responsible for an otherwise hazardous condition; and
WHEREAS: Other property owners in the Main/Amherst business district have
installed back-lit awnings and have obtained the indemnity bond, proper permits
and Council approval.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Director of the Division of Housing &
Inspections investigate the installation of the back-lit awning at 2616-20 Main
Street which encroaches upon the city right-of-way and direct that the owner
obtain the indemnity bond as well as the proper permits, and appear before this
body for a hearing to approve the installation of the awning.
ADOPTED.
NO. 130
BY: MR. COPPOLA
CREATE TASK FORCE TO
IMPROVE MINIMUM STANDARDS
FOR FIRE PROTECTION
EQUIPMENT
WHEREAS: Over the past several months, the City of Buffalo Fire
Department has been informing some building owners that fire extinguishers and
fire hose are not required in high rise buildings; and
WHEREAS: The reason given for not requiring fire extinguishers is that they
are not a requirement of the New York State Building Code; and the reason for
not requiring fire hoses is that the Fire Department would use their own hose;
and
WHEREAS: It is important that a minimum level of protection be established
to protect life and property otherwise a very dangerous situation will continue
with the potential for tragedy as well as liability.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council supports the creation of a task force comprised of
representatives of the Fire Department, Firefighters Union, Corporation
Counsel, Building Owners, Insurance Industry, National Fire Protection
Association, and members of the industry who sell, lease, and service fire
protection equipment to establish a minimum level of fire protection in high
rise buildings in the City of Buffalo.
ADOPTED.
No. 131
BY: MR. COPPOLA
OPPOSE NATIONAL FUEL
GAS INCREASE
WHEREAS: National Fuel Gas Corporation has filed a $37.6 million
rate increase with the Public Service Commission which would increase the
average customer's bill by an average of $5.43 per month; and
WHEREAS: Under the current economic conditions, this increase would create a
hardship for Buffalo area consumers; and
WHEREAS: The Public Service Commissioner granted National Fuel Gas a 3.65
percent rate increase in August.
NOW THEREFORE BE IT RESOLVED THAT
While this Common Council recognizes the increase in the cost of doing
business, it opposes the proposed $37.6 million rate increase for National Fuel
Gas Corporation because of the current economic conditions and the hardship
this increase will create for Buffalo area consumers.
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the New York State
Public Service Commission.
ADOPTED.
No. 132
BY: MESSRS. COPPOLA AND ZUCHLEWSKI
OPPOSE ELIMINATION OF
SMALL CLAIMS ASSESSMENT
REVIEW
WHEREAS: The State of New York is struggling with a budget crisis;
and
WHEREAS: Budget problems have lead to the temporary suspension of the small
Claims Assessment Review in Buffalo because of depletion of funds with possible
elimination in the future; and
WHEREAS: If small claims Assessment Review is eliminated, the average
citizen will be denied his right to bring small claims into the courts without
incurring great expense; and
WHEREAS: The average citizen deserves the right to bring small claims into
the courts without hiring an attorney and incurring costly court fees; and
WHEREAS: There is also the possibility that the small Claims Court staff in
Buffalo will be drastically reduced after January l, 1992, which will force
additional delays in an already overburdened system.
NOW THEREFORE BE IT RESOLVED THAT
This common council of the city of Buffalo opposes any State budget cuts that
would temporarily suspend the operation of the small Claims Assessment Review
or the reduction in staff at small Claims court which would deny the average
citizen his right to legal recourse without great expense; and
BE IT FURTHER RESOLVED THAT
The city Clerk send certified copies of this resolution to the Governor, the
Western New York Delegation of the New York State Legislature, and Justice
Kane, presiding justice of the 8th Judicial District.
ADOPTED.
No. 133
BY: MR. FAHEY
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 309-28 entitled "Parks and Other Open Space" under Chapter
175-1 be deleted in its entirety and a new Chapter 309-28 be added to read as
follows:
Chapter 309, Parks and Other Open Space
309-28, use of facilities
With the exception of designated private ice time at skating rinks, City
of Buffalo handicapped persons (classified as such by the united States
Department of Health, Education and Welfare) may use any of the hereinafter
mentioned recreational facilities free of all charges and fees.
ICE SKATING
Fee
City Noncity
Resident Resident
Seniors and Youths under 12 $ .50 $2.00
12 years and over $1.00 $2.00
Designated private ice time:
Outdoor rink:
All groups per hour $15.00 $15.00
Indoor rink:
All groups other than
developmental league,
per hour $60.00 $100.00
All high school teams
(including Explorer league
Timon and Canisius), per hour $30.00 $100.00
This ordinance shall take effect December l, 1991.
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
It is Hereby Certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
PASSED.
AYES- 12 NOES- 0.
No. 134
BY: MESSRS. FAHEY AND PITTS
RE: SET PUBLIC HEARING:
Mulberry Street New Housing Project
Community Wide Urban Renewal
Homestead Program James Management Co. Inc., Redeveloper
WHEREAS, James Management Co., Inc. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible 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 ten (10) residential units of new
housing known as the Mulberry Street New Housing Project in the Community Wide
Urban Renewal Homestead 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
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
27th day of November 1991.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 10th day of December 1991.
ADOPTED.
No. 135
BY: MESSRS. FAHEY AND PITTS
RE: SET PUBLIC HEARING:
Stadium Heights New Housing Project
Community Wide Urban Renewal
Homestead Program M.J. Peterson Development Corp.,
BBZ Development, Inc., Paul Development Co., Inc.
and Marrano Marc Equity Corp.
WHEREAS, M.J. Peterson Development Corp., BBZ Development, Inc.,
Paul Development Co., Inc. and Marrano Marc Equity Corp. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly
designated as qualified and eligible 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 sixteen (16) residential units of
new housing known as the Stadium Heights New Housing Project in the Community
Wide Urban Renewal Homestead 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
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
27th day of November 1991.
2. That this Common Council will conduct a Public nearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock pm. in the Council Chambers
on the 10th day of December 1991.
ADOPTED.
No. 136
BY: MR. FAHEY AND ALL COUNCILMEMBERS
FELICITATION - DAVID P. RUTECKI
WHEREAS: For 15 years, David P. Rutecki played a significant role
in service to the City of Buffalo. As Common Council Chief of Staff from 1977
through June, 1983 and as North District Councilmember from September, 1983
through November, 1991, he thoughtfully, thoroughly, articulately and
intelligently expended his talent and energy with a clear focus on improving
the quality of life for all Buffalonians; and
WHEREAS; Respected for his intellect, vision, judgement, fairness and
attention to detail, David Rutecki's expertise and professionalism were
showcased in numerous forums. In his tenure, he chaired Special Council
Committees on Cable Television and Pilot Field Stadium and served most capably
on all standing committees, lending his insight to Civil Service, Claims,
Economic Development, Finance and Legislation issues; and
WHEREAS: Displaying the unique ability to address district needs while
's accomplishments are highlighted by
retaining a vision for the entire city, David Rutecki
the development of new housing in Rebecca Park, construction of the Asarese-Matters Community Center and new Riverside
Library, establishment of the North District Waterfront Review Committee, sponsoring environmental legislation on noxious
odors, food packaging and plastics, balancing public access with development, fighting neighborhood blight and tending to
the everyday needs of his constituency on issues ranging from trash collection and parks maintenance to sidewalks and tree
trimming; and
WHEREAS: Low key, affable, and the possessor of a dry wit, his blend of
leadership and compromise enabled David Rutecki to serve as a conciliator and
an effective legislator;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council, on behalf of all Buffalonians, acknowledges his
contributions and thanks David P. Rutecki for his tireless efforts in service
to the City of Buffalo; and BE IT FURTHER RESOLVED:
That this Honorable Body, while recognizing the loss of a stalwart
Councilmember, extends best wishes for future success and good fortune to David
P. Rutecki, a true gentleman who embodies the qualities of effective governing.
ADOPTED.
No. 137
BY MR. FAHEY
Engrossed and Framed Copy- David P. Rutecki
That the above Resolution No. 136, C.C.P., November 26, 1991 be
engrossed and framed at a cost not to exceed One Hundred Dollars ($100.00).
ADOPTED.
No. 138
BY: MESSRS. FAHEY, AND ALL COUNCILMEMBERS
MEMORIALIZATION REGARDING FEDERAL RESOURCES
FOR THE MUNICIPAL ROUSING AUTHORITY
WHEREAS: The Buffalo Municipal Rousing Authority is a state chartered
public authority charged with providing decent and affordable housing to
Buffalo's low income citizens; and
WHEREAS: Twenty-five of the Authority's 27 developments are operated with
subsidies and supervision provided by the U.S. Department of Housing and Urban
Development; and
WHEREAS: On April 25th, 1989 the Department of Housing and Urban Development
concluded an investigation of BMHA--hegun at the behest of this Common
Council--declaring the Authority had violated Title VI of the Civil Rights Act
of 1964; and
WHEREAS: For the past 30 months HUD, BMHA, public housing tenants and other
concerned parties have discussed possible remedies for the Authority's
non-compliance; and
WHEREAS: On May 1st, 1990 the Board of Commissioners of the Buffalo Municipal
Housing Authority entered into a Voluntary Compliance Agreement with HUD
intended to remedy past practices; and
WHEREAS: That Voluntary Compliance Agreement has since met with universal
criticism from public housing tenants, local and national experts, elected
officials and other concerned parties; and
WHEREAS: On June 9th, 1990 Senator Daniel P. Moynihan convened a public hearing
on BMHA under the auspices of the Northeast-Midwest Coalition of the United
States Senate at which the General Accounting Office testified that certain
incentives contained in the Voluntary Compliance Agreement violated federal
law; and
WHEREAS: In response to increased public opposition to provisions of the
Voluntary Compliance Agreement, on February 26, 1991 HUD Assistant Secretary
Gordon Mansfield convened a meeting of 16 tenant council leaders and four other
interested parties to discuss the agreement and thereafter announced that HUD
had suspended a provision which would have required mandatory transfers of
inappropriately housed tenants; and
WHEREAS: On April 16, 1991 Assistant Secretary Mansfield convened a HUD-BMHA
Voluntary Compliance Agreement Advisory Committee which included
representatives from BMHA, public housing tenants, concerned civil rights
organizations and this Common Council; and
WHEREAS: For more than' six months HUD delayed implementation of the Voluntary
Compliance Agreement while considering a comprehensive remedy that had proposed
the concept of magnet public projects that had emanated from members of the
Advisory Committee; and
WHEREAS: On October 23, 1991 Assistant Secretary Mansfield reconvened the
Advisory Committee to announce that HUD 's Voluntary Compliance Agreement had
been only incrementally changed; that rather than providing for construction of
one or more magnet developments BUD had instead charged the Authority with
identifying funds for construction and operation of magnet developments; that
BUD had refused to provide desegregation Section a vouchers.
NOW, THEREFORE BE IT RESOLVED THAT: This Common Council opposes the Voluntary
Compliance Agreement which HUD has imposed upon BMHA; and
BE IT FURTHER RESOLVED THAT: This Common Council appeals to Secretary Jack Kemp
to personally involve himself by designating the Buffalo Municipal Housing
Authority as a demonstration project which will receive additional federal
resources to improve physical conditions and services at BMHA and demonstrate
how public housing can be made more effective; and
BE IT FURTHER RESOLVED THAT: This Common Council asks Senator Daniel P.
Moynihan to work in partnership with Secretary Kemp to find solutions to the
problems at BMHA, and
BE IT FURTHER RESOLVED THAT: The City Clerk shall send certified copies of this
resolution to Secretary Kemp, Senator Moynihan, and other members of the
Western New York Congressional delegation.
ADOPTED.
No. 139
BY: MR. HIGGINS
RE: PAYMENT OF CERTAIN SMALL CLAIMS
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
l. Anne M. Byrnes
Claim for loss of garbage cans. $12.99
2. City of Buffalo
Prior fiscal year invoice claim for services
rendered to the Division of Urban Affairs for Xerox
usage. $31.08
3. Frederick J. Debus
Claim for loss of garbage can. $7.00
4. Irish Welding Supply
Prior fiscal year invoice claim for services
rendered to the Division of Inventory & Stores. $27.30
5. Jose C. Pizarro
Prior fiscal year claim for reimbursement for
petty cash payments in the
Department of Human Resources. $95.89
6. Ethel Pompey
Claim for loss of garbage cans. $12.00
7. University Radiology at ECMC, P.C.
Prior fiscal year invoice claim for services
rendered to P.O. JEFFREY MOODY who
was injured on duty. $30.71
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED
AYES- 12 NOES- 0.
No. 140
BY: MR. HIGGINS
REQUEST GOVERNOR FOR
RATIONALE ON SUPPORT OF
WEST VALLEY NUCLEAR WASTE
SITE
WHEREAS: This Council has twice stated its opposition to the siting
of a low level radioactive waste disposal facility in the nearby town of West
Valley; and
WHEREAS: Governor Cuomo is reported to be supportive of using the Western
New York Nuclear Service Center at West Valley as New York State's low-level
waste disposal facility; and
WHEREAS: In 1986 the Governor signed a bill (Chapter 673) which provided for
a detailed study by a specially impaneled commission to identify and evaluate
potential disposal sites in New York and to find acceptable disposal methods
for low-level radioactive waste; and
WHEREAS: In his approval memorandum, the Governor stated "Under the bill, a
siting commission will select the site and disposal methods which will best
preserve and protect the public health and safety and the environment. In
furtherance of this goal, the bill precludes the construction of a low-level
radioactive disposal facility at West Valley..."; and
WHEREAS: To date no new information has been provided to invalidate the
original premise precluding West Valley as a site for consideration:
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests Governor Cuomo to explain what conditions
have changed to negate his earlier statement that siting a low-level
radioactive waste facility at West Valley would conflict with the goals of
preserving and protecting both public health and safety and the environment;
and
BE IT FURTHER RESOLVED THAT:
This Council requests Governor Cuomo to report on what disposal methods have
been chosen for use at a new low-level radioactive waste disposal facility with
documentation of their superiority to the now discredited method of shallow
land burial; and
BE IT FINALLY RESOLVED THAT:
The City Clerk is hereby directed to send certified copies of this resolution
to the Governor, and to the members of the Western New York State Legislative
delegation.
ADOPTED.
No. 141
BY: MR. HIGGINS
URGE THE NFTA TO ENFORCE
STRICT COMPLIANCE WITH
ORIGINAL SEAWAY PIERS
PROPOSAL
WHEREAS: In 1988 the NFTA entered into a contract with EDB of Erie
County Inc. to develop the 34 acre Seaway Piers site on the Buffalo Outer
Harbor; and
WHEREAS: EDB's original plans called for docks to be open by the summer of
1989 with a restaurant and community room to be completed later; and
WHEREAS: In addition, a second phase was contemplated which was to include a
food court and specialty shops; and
WHEREAS: The Seaway Piers development was to be the first new project in the
redevelopment of the Outer Harbor and it was intended to combine private
development with a generous mix of green space and public access; and
WHEREAS: The promise of the Seaway Piers Development Project remains
unfulfilled and as the EDB reorganization continues the only component which
actually came to fruition was the bar/restaurant complex; and
WHEREAS: This state of affairs cannot be tolerated as it has threatened to
seriously compromise public confidence in what has become a community-wide
effort to redevelop Western New York's waterfront; and
WHEREAS: There is currently an opportunity to correct this situation as new
investors have taken an interest in negotiating with the NFTA to take part in
this project;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the NFTA to require that any new plans for the
Seaway Piers Development Project include strict compliance with the original
intent of the lease regarding the building of docks, green space and other
infrastructure which supports public access to the Seaway Piers; and
BE IT FURTHER RESOLVED THAT:
This Common Council, as an institution with a vital interest in this project,
requests the NFTA to keep it fully informed regarding negotiations over Seaway
Piers development; and
BE IT FINALLY RESOLVED THAT:
This Common Council directs the City Clerk to send a certified copy of this
resolution to the Executive Director of the NFTA.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- PITTS- 1.
No. 142
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] $25.00 - 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.
$25.00 - renewal certificate of operation for existing installation for
commercial conveyances.
($50.00] $25.00- renewal certificate of operation for existing
installation for residential conveyances.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 143
BY: MR. PERLA
CRIME WATCH SIGNS FOR
WEST DELAVAN AVENUE
WHEREAS: Residents of West Delavan Avenue between Baynes and Richmond
Avenue, have submitted a petition to the Buffalo Police Department requesting
that Crime Watch Signs be installed on their street; and
WHEREAS: The block club is asking that these signs be erected at the
following locations: on the corner of West Delavan and Baynes; and on the
corner of West Delavan and Richmond Avenue.
NOW, THEREFORE BE IT RESOLVED THAT:
That this Common Council grants permission to have neighborhood Crime Watch
Signs installed at the location mentioned above by the City of Buffalo
Department of Public Works.
PASSED
AYES- 12 NOES- 0.
No. 144
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-4 Division of Substance Abuse Services under the
subheading "011 - BMHA/HUD Substance Abuse Program" which reads:
l Senior Counselor $23,087- 26,835
l Counselor III 20,329- 23,097
4 Substance Abuse Specialist 20,329- 23,097
is hereby amended to read:
2 Counselor III $20,329- 23,097
5 Substance Abuse Specialist 20,329- 23,097
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of one (l)
Senior Counselor position and the creation of one (l) Counselor III position
and one (l) Substance Abuse Specialist position is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said positions be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned positions containing a statement of the duties for such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
R. PETER MORROW
Acting Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 145
BY: MR. PITTS
RE-DEEDING OF 484 ADAMS STREET TO HABITAT FOR HUMANITY - BUFFALO,
INC.
WHEREAS: Pursuant to C.C.P. No. 304, September 20, 1988 the Common
Council approved the deeding of property in the block bounded by
Adams/Sycamore/Monroe/Beck with for one dollar ($1.00) each, to Habitat for
Humanity - Buffalo, Inc., and
WHEREAS: Inadvertently 484 Adams Street was left out of the list of lots
conveyed. In C.C.P. No. 31 of June 21, 1988, 484 Adams Street is listed as one
of the properties to be conveyed. This communication from the Comptroller's
Office states support for the conveyance of all of the lots to Habitat for
Humanity, and
WHEREAS: Habitat for Humanity has already completed the building of three
houses which are occupied by low income owners, and
WHEREAS: Habitat for Humanity expects to continue to build on the remaining
lots. The parcel at 484 Adams Street is located between two of the newly
constructed houses. Clarification of the deeding of the parcel will allow
Habitat to continue its building program without interruption.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the
reconveyance of 484 Adams Street to Habitat for Humanity - Buffalo, Inc.
pursuant to the same terms and conditions as stipulated in C.C.P. No. 304,
September 20, 1988.
BE IT FURTHER RESOLVED THAT: The Common Council requests the Comptroller to
convey the deed to 484 Adams Street to Habitat for Humanity as quickly as
possible.
PASSED.
AYES- 12 NOES- 0.
No. 146
BY: MR. ZUCHLEWSKI
FUTURE SITES OF THREE
PROPOSED NEW SCHOOLS IN
THE CITY OF BUFFALO
WHEREAS: The City of Buffalo plans to build three new schools within
the next eight years in various undisclosed locations throughout the city ;and
WHEREAS: The School Board is already in progressive stages of reviewing and
initiating plans to build an early childhood center at Jefferson Ave. and Best
St. on the city's east side which is expected to open in 1994; and
WHEREAS: The Board of Education plans to propose another early childhood
center and an upper grades academy at an undetermined site in the Riverside -
Black Rock area and a high school to be built somewhere along the waterfront;
and
WHEREAS: There has not been any data on exact or proposed sites for any of
these three future school projects recorded or made public; and
WHEREAS; Citizens and public officials of the City of Buffalo have the right
to be informed and should be given concrete evidence on site locations and
future building intentions;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests that The Board of Education explain their
rationale for not disclosing site information; and
BE IT FURTHER RESOLVED THAT:
The Board of Education informs this Common Council of all site intentions and
negotiations throughout the development process; and
BE IT FINALLY RESOLVED THAT:
The Board of Education file a report with the City Clerk's office by 2 P.M.
Thursday December 5, 1991.
ADOPTED.
No. 147
BY: Mr. Zuchlewski
Authorize Acceptance of 1983 Bond
Issue Memo rand urn of Understanding
Funds - Scajaquada Pathway
Phase B Project
Whereas, by general election held in November 1983 the People
of the State of New York approved the "Rebuild New York Through Transportation
Infrastructure Renewal Bond Act", Chapter 836 of the Laws of 1983 which
authorizes the expenditures of moneys for Municipal Transportation
Infrastructure Renewal Projects.
Whereas, the Scajaquada Pathway Phase B project ha been identified as a
Municipal Transportation Infrastructure Renewal Project which is a priority
project on the State system for safety improvements on Buffalo Area parkways,
funded pursuant to the 1983 Memorandum of Understanding.
Whereas, $139,957 of 1983 Bond Issue Memorandum of Understanding funds
will be combined with a New York State Environmental Quality Bond Act Municipal
Park grant, City of Buffalo bond funds, City of Buffalo Community Development
Block Grant funds, Erie County bond funds, and donated land, improvements and
labor to construct a 2.1 mile pathway connecting the Scajaquada Pathway Phase A
and Delaware Park with the Riverwalk.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo that:
The Mayor be, and he hereby is, authorized on behalf of the City of
Buffalo to accept the funds tendered by the New York State Department of
Transportation.
The Mayor is authorized to enter into all necessary agreements and
contract to assure the prompt and expeditious implementation of said projects.
The Mayor is further authorized to execute such other action as may be
necessary to effectuate the purpose of the transfer agreement and this
resolution.
The Comptroller be, and he hereby is, directed to establish a Trust and
Agency Account to account for said funds.
PASSED.
AYES- 12 NOES- 0.
No. 148
BY: MR. ZUCHLEWSKI
HOLIDAY DECORATIONS
TONAWANDA STREET and
ONTARIO STREET
WHEREAS: The Riverside Businessmen's Association is seeking permission
to use the street light standards along Tonawanda Street and Ontario Street to
hang holiday decorations; and
WHEREAS: The holiday decorations would be placed to enhance neighborhood
pride and to heighten the holiday spirit; and
WHEREAS: Virtually every neighborhood business district uses street light
standards for purposes of this nature; and
WHEREAS: Specifically, the Riverside Businessmen's Association would like to
put lighted decorations on Tonawanda Street between Vulcan Street and Review
Place, and decorative banners on Ontario Street between Niagara Street and
Skillen Street;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo grants permission to the
Riverside Businessmen's Association to hang holiday decorations on street light
standards on Tonawanda Street between Vulcan Street and Review Place, and
decorative banners on Ontario Street between Niagara Street and Skillen Street
subject to the specifications of the Law Department and Department of Public
Works.
PASSED.
AYES - 12 NOES- 0.
No. 149
BY: MR. ZUCHLEWSKI
CLOSING OF P.A.L. CENTERS
WHEREAS: The Police Athletic League is an organization that sponsors
many neighborhood centers throughout the City of Buffalo offering youths a
variety of recreational activities, promoting physical fitness for youths as
well as providing positive role models; and
WHEREAS: The P.A.L. organization has enriched the lives of thousands of
disadvantaged youths in our city by providing a means to utilize their leisure
time in a constructive manner; and
WHEREAS: The type of primary intervention that P.A.L. offers for young
troubled teenagers is critical to keep youths away from the lure of drugs and
crime, yet a P.A.L. Center on Austin Street has closed and others are in
jeopardy of closing their doors;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council requests that the Commissioner of Human Resources file
with this Council a report stating why the Austin Street center has been
closed. The following information should also be included in the report: a
listing of P.A.L. centers that are still in operation; a list of centers that
have closed; the budgets of each center; and the hours of operation for each
center; and
BE IT FURTHER RESOLVED:
That the Council moreover requests a report from the Department of Human
Resources detailing how they will replace such needed services in the community
if the P.A.L. Centers close their doors; and
FINALLY BE IT RESOLVED:
The Common Council further requests that the Commissioner of Human Resources
file the reports with the City Clerk by 2:00 P.M. Thursday, December 5, 1991.
ADOPTED.
No. 150
BY: MR. ZUCHLEWSKI
POSSIBLE BREACH OF CONTRACT BY TCI
WHEREAS: TCI of New York has a non-exclusive contract to operate
a cable television system in the City of Buffalo for a term ending on February
12, 1994; and
WHEREAS: Although the Cable Act of 1984 has severely limited the ability of
a municipality to enforce requirements pertaining to rates and programming,
there are other sections of the contract which remain in force and which have
apparently not been complied with in a satisfactory manner; and
WHEREAS: Section 4 of the franchise agreement requires that the cable
operator commit $892,500 for various institutional network, teleconferencing
and interactive service experiments, specifically:
1. A "local area network" capability linking downtown government offices
with each other and up to twelve community organizations;
2. Experimental interactive services on the existing two-way network in
North Buffalo, including pay-per-view events, home shopping and support for
personal computers; and
WHEREAS: Section 5 provides for the cable operator to pay up to $150,000 for
a cable consultant to perform a variety of services, including an evaluation of
present and potential cable services; and
WHEREAS: Section 44 requires that the cable operator formulate and implement
an employment training program for city residents which will cover areas of
employment unique to the cable industry; and
WHEREAS: Section 26 requires that cable connections be installed to "each
public, private and parochial school, library, public building which is
city-owned financially supported by the City" free of installation or service
charges; and
WHEREAS: Section 2 contains a variety of requirements related to public access
that have not been followed by TCI of New York in a timely and effective
manner, including TCI's failure to provide a cable television studio in a
timely manner (2 a.) and its refusal to provide public access funding during
the period when the public access center was not operational (2 e.); and
WHEREAS: The franchise agreement also includes a provision in Section 37
that allows for the termination of the contract if the operator "breaches or
violates any of the conditions herein specified or such other material
conditions that the Common Council may determine materially affect the
efficient operation of the cable television system;"
NOW, THEREFORE BE IT RESOLVED:
That the Council's Special Committee on CATV review the current franchise
agreement with TCI of New York for a possible breach of contract; and
BE IT FURTHER RESOLVED:
That the Comptroller of the City of Buffalo be requested to audit all books and
financial records of TCI in accordance with Section 32 of the contract; and
BE IT FURTHER RESOLVED:
That, if a determination is made that there exists a violation of any section
of the franchise agreement, TCI be immediately notified for possible corrective
action.
Mr. Fahey moved that Resolve No. 2 requesting the Comptroller of the City to
audit the records of TCI be adopted and that the balance of the Item be
referred to the Special Committee on CATV. Seconded by Mr. Amos.
ADOPTED.
No. 151
By Mr. Zuchlewski
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for The Polish Falcons of America, Nest #6 of Buffalo, New York
By Councilmember Franczyk
Felicitation for Elder Joe Butts and Missionary Betty Butts
By Councilmember Collins
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 152
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:
Jane Bergmann
Elizabeth A. Bienko
Kathleen L. Borneman
Mary L. Busenlehner
Broderick J. Cason
Patricia J. Farina
Carol Gallo
Carla A. Holmes
Mary Beth Iwanski
Cynthia Koren May
Jerome S. Mcintee
Linda Milbrath
Paula Petrella
Penelope L. Schlifke
TOTAL - 14
ADOPTED.
No. 153
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:
Sharon S. Levy
Lydmia V. Santiago
TOTAL - 2
ADOPTED.
No. 154
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, DEC 3, 1991 9:30 AM
FINANCE Tuesday, DEC 3, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, DEC 3, 1991 2:00 PM
ECONOMIC DEV. Wednesday, DEC 4, 1991, 1:00 PM
ANCILLARY COMMITTEES
POLICE REORGANIZATION
Wednesday, NOV 27, 1991 8:00 AM Rm 1417
No. 155
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Pitts, the council adjourned
at 4:25 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.