HomeMy WebLinkAbout91-1210
1No. 23
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 10, 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, December 10, 1991
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Amos, the minutes of the stated
meeting held November 26, 1991, were approved
FROM THE MAYOR
No. 1
Proposed Solutions for 1991-92 Projected Budget Imbalance"
On November 7, 1991, the City Comptroller, the Majority Leader
of the Common Council and I announced that the City of Buffalo, in addition to
having a fiscal 1990-91 deficit, faced a fiscal 1991-92 budget imbalance. The
parties declared they would work together to develop a plan to address these
budget problems. This document contains my recommendations to balance the
1991-92 budget.
BACKGROUND
On October 30, 1991 the City Comptroller reported that the city general
fund would close its books for the 1990-91 fiscal year with an operating
deficit of $4.6 million and an unreserved fund balance of $10.3 million. This
is $3.3 million less than the $13.6 million resource used to balance the
1991-92 budget. These figures included the accrual of a 1990-91 5% raise for
all city employees based on the Council imposed settlement that had been
awarded to the city's blue and white collar union employees.
I called for a meeting, held on November 7, attended by twelve of the
thirteen Common Councilmembers, the City Comptroller, and myself. At this
meeting, we discussed the litigation that was initiated when I informed the
Common Council I was unable to implement the raises they had granted.
At that meeting it was reported that the city faced a potential 1991-92
budget imbalance. The parties agreed that it was necessary to address this
problem in order for the city to avoid a 1991-92 deficit and any negative
reaction from the national credit rating agencies.
At subsequent meetings of representatives from the Administration, the
Common Council and the Comptroller's office the projected 1991-92 budget
imbalance was categorized into three areas. The first area was immediate
problems of $11.7 million consisting of (in millions):
$3.3 shortfall of appropriated surplus
4.2 cost of 1990-91 raises in excess of 1991-92 appropriation
3.0 anticipated 1991-92 Police & Fire raises
.6 Buffalo Municipal Housing Authority subsidy in excess of budget
.4 Tax certiorari in excess of budget
.2 Health insurance costs in excess of budget
The second area, that includes items that are considered to be under executive
control, totals $3.0 million including:
$.5 Shortfall of Parking Violation Bureau revenues
.4 Judgment & claims in excess of budget
1.7 Overtime in excess of budget
.3 Interest on borrowing in excess of budget
.1 OTB revenue shortfall
The third category consists of $5.2 million in State related problems
including $4.2 million of revenue sharing funds budgeted in the city's 1991-92
fiscal year but recorded as a revenue in the city's 1990-91 fiscal year and
$1.0 million of pension recapture in excess of the $.6 million budgeted for
this cost. Both of these items are considered only potential problems because
their actual amounts will not be determined until the state adopts its 1992-93
budget.
On November 13, 1991 Standard and Poors announced it was changing its
outlook on Buffalo's bonds from "stable" to "negative" but was maintaining the
current credit rating of BBB+ based on the expectation that Buffalo would
closely monitor the current budget and develop a plan to address its problems.
With respect to closing the $11.7 million gap in the first area I recommend the
following measures that include an estimate of the amount of 1991-92 revenue
increase or future savings provided by each.
Measure Amount (in Millions)
1) Rescind elected officials' raises .033
2) Rescind 1990-91 non-uniformed employees'
raises 4.200
3) Obtain from Erie County the bed tax
revenues due the City as per the Buffalo
Convention Center agreement .750
4) Take various measures to increase projected
Parking Enforcement revenues 1.000
5) Close Front Park and Houghton Park ice
rinks .080
6) Suspend garbage pickup on City holidays .125
7) Close down the operation of the City's
fireboat .300
8) Consolidate Engines 18 and 30 with other
fire houses .700
9) Consolidate 3 South Buffalo Police precincts
into one .200
10) Eliminate a reserve for retirees 1.350
11) Reduce the amount of the Council's
contingency (580) accounts from $230,000
to 160,000 .070
12) Nonpayment of a $140,000 subsidy to
Kleinhans Music Hall .140
13) Eliminate the Veterans Helping Veterans
function .040
14) Eliminate Division of Urban Affairs .020
15) Sell Bennett Beach 3.000
Total 12.008
The second category of $3.0 million is to be offset by $3.1 million in
savings from vacant jobs.
With respect to the third category, the City has requested the State to repeat
last years revenue sharing Payment to the City of $32.6 million in the current
City 1991-92 year. This would eliminate the potential $4.2 million revenue
shortfall. Also in the third category, the exact amount of any potential
shortfall in State pension recapture likely will not be reconciled until after
the 1991-92 budget year has ended. This is because the State Comptroller's
office which calculates the amount has said the calculation can not be done
until July of 1992. In any event, the City has already made its "recapture"
payment for 1991-92 and the City's outside auditor will be consulted to see if
it is necessary to book the State's 1992-93 "recapture" in the current 1991-92
City fiscal year. If not, the problem will be eliminated.
Commissioner Planavsky advanced a proposal to State Budget Director
Bulgaro that would have provided $8.8 million more in State revenue to the City
this year without additional cost to the State (except a small cash flow
adjustment). Governor Cuomo apparently has rejected the proposal. This is
unfortunate. State cutbacks largely have caused the present City fiscal
problem and I think it's reasonable to expect State assistance in easing the
budget burden on City workers and taxpayers. Despite Governor Cuomo's rejection
I will continue to press for legislation to advance the State's payment of $8.8
million in Emergency Financial Aid to the City from October 1992 to June 1992
and each June thereafter.
I ask that Your Honorable Body work with the Department of Administration
& Finance and the Comptrollers office to implement the measures I have outlined
in this letter.
REFERRED TO THE COMMITTEE ON FlNANCE.
No. 2
Appointment of Chairperson
of Citizens' Advisory Committee
on Community Improvement
Pursuant to the powers vested in me by Article X Chapter VIII
of the Ordinances of the City of Buffalo, as amended, I hereby appoint
Hallie Howell, residing at 24 Arlington Place
Buffalo, New York 14201
as Chairperson of the Citizens' Advisory Committee on Community Improvement.
Ms. Howell replaces Mr. Richard E. Moot who resigned after serving as CAC
Chairperson the past four years. Her term of Committee membership expires June
30, 1993.
Ms. Howell was first appointed to the CAC in 1977 and has served as Chairperson
of its Capital Budget Subcommittee since 1983.
I hereby certify that Hallie Howell is fully qualified to serve as Chairperson
of the Citizens' Advisory Committee on Community Improvement.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 3
ECIDA - Request to place a non
illuminated, wall, identification sign
at 1200 Niagara Street.
Item No. 78, C.C.P., November 26, 1991.
The City Planning Board at its regular meeting held Tuesday, December
3, 1991, considered the above application pursuant to Section 511-68 of the
Buffalo Code, the Niagara Special Coastal Review District.
The applicant seeks to place a non illuminated accessory sign consisting
of a logo and individualized letters. The total area of the proposed signage
is 74.5 square feet (4 feet by 8 feet for the logo and 22 inches by 23 feet 2
inches for the individual letters).
The site is located in an M1 zone which permits such signage. Under
S.E.Q.R., the proposed accessory signs are considered a Type II action which
does not require further environmental review.
The Planning Board voted to approve the proposed signage, since it
conforms to the regulations of the underlying zone.
RECEIVED AND FILED.
No. 4
S. Friscicaro/H. Huynh - Request
to convert 1096-1098 Elmwood Ave. from a
takeout restaurant to a sit-in restaurant.
Item No. 79, C.C.P., November 26, 1991.
The City Planning Board at its regular meeting held Tuesday, December
3, 1991, considered the above application pursuant to Section 511-56 of the
Buffalo Code, the Elmwood Business District.
The applicant seeks to convert an existing takeout restaurant into a
sit-in restaurant. The takeout service will also remain.
The site is located in the EB zone which considers such conversions to be
restricted uses requiring the approval of Your Honorable Body. The proposed
conversion consists of approximately 2040 square feet of gross floor area.
Under the Buffalo Code, 14 off-street parking spaces would be required. It
should be noted that public parking is located within 1000 feet of the site.
Lastly, under S.E.Q.R., the proposed conversion is considered on unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant conversion.
RECEIVED AND FILED.
No. 5
Waterfront Redevelopment Major Plan Change for a portion of Parcel 21.
The City Planning Board at its regular meeting held Tuesday, December
3, 1991 considered a major plan amendment for the Waterfront redevelopment
Project (NYR-35) which involves the creation of a new parcel, 21A, from within
the existing Parcel 21. Parcel 21 contained 99,724 square feet. The new
parcel 21A will be 15,040 square feet, therefore reducing Parcel 21 to 84,684
square feet. In addition to this reconfiguration, the land use designation for
Parcel 21A will change from public park and/or walkway to a commercial
community business district. The development being proposed for Parcel 21A
will be for additional parking for the Buffalo Hearing and Speech Center. It
should be noted that at its October 8, 1991 meeting, the Board recommended
unqualified approval for the plan change which would allow the Buffalo Hearing
and Speech Center to be developed on the adjoining parcel of land known as
Parcel 20A.
Pursuant to state law, the City Planning Board conducted a public hearing
on the matter. Opponents and proponents of the plan amendment were invited to
speak. After hearing from personnel from the Department of Community
Development, the City Planning Board voted its unqualified approval.
The Board voted unqualified approval because it felt that the proposed
use, i.e. parking for the Buffalo Hearing and Speech Center would complement
the proposed institutional development for the adjoining area. Lastly, the
Board notes that under S.E.Q.R., the proposed action is considered an unlisted
action which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMlC DEVELOPMENT.
FROM THE COMPTROLLER
No. 6
Balance Sheets and Supporting
Schedules for the 9 month Period
Ending March 31, 1991
I transmit herewith various balance sheets and statements for
March, 1991 showing the condition of all funds and accounts for the nine months
ending March 31, 1991.
RECEIVED AND FILED.
No. 7
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT
DIVISION OF BUILDINGS
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,090,000 be transferred and reappropriated from various
accounts on Capital Projects Fund - Division of Development, 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, DECEMBER 4, 1991
RECEIVED AND FILED.
No. 8
Renewal of Lease
Agreement Between the
City of Buffalo and
the Girl Scout Council of
Buffalo and Erie County, Inc.
Item #24, C.C.P. March 25, 1991
The Office of the Comptroller, Division of Real Estate, has received
a request from the Girl Scout Council of Buffalo and Erie County, Inc. to
renew their lease with the City of Buffalo at former Public School #29, 2219
South Park Avenue.
Their request is to lease Room 237 and the Engineer's Room at former
School 29 for a period of five years under the same terms and conditions as the
previous lease. The previous lease does require the tenant to provide One
Million Dollars for personal injury and Two Hundred Thousand Dollars for
property damage. Said policy should insure the City against all claims arising
out of their use and occupancy of the premises. The lease also allows the City
to terminate the lease, upon thirty days notice to the tenant.
I am recommending that Your Honorable Body approve the request of the
Girl Scout Council to renew their lease for an additional five years under the
same terms and conditions as the previous lease.
Mr. Fahey moved:
That the communication from the Comptroller dated December 3, 1991 be and
the same hereby is received and filed; and
That the Girl Scout of Buffalo and Erie County, Inc. be and hereby is
permitted to renew their lease of former Public School #29, 2219 South Park
Avenue for an additional five (S) years under the same terms and conditions as
the previous lease.
PASSED.
AYES- 13 NOES- 0.
No. 9
Permission to Negotiate
221 Waverly, E 203' S Northland
Vacant Land: 26' x 100'
Assessed Valuation: $900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. William Barber of 220 Waverly, Buffalo, New York to purchase
the above captioned property.
Mr. Barber is in the process of buying 223 Waverly and would like to
purchase the subject property in order to erect a pre-cut garage for off-street
parking purposes.
The Departments of Inspections and Community Revitalization has been
contacted and they have no objection to this sale. The Tax and Demolition Lien
Offices were contacted and there are no outstanding taxes and/or demolition
liens owing to the City of Buffalo.
This office, therefore, 'is requesting that we be permitted to negotiate
a private sale on the above mentioned property and report back to Your
Honorable Body the results of negotiations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Permission to Negotiate
26 Cayuga, N 275' E Jefferson
Vacant Land: 5' x 140'
Assessed Valuation: $100
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Edna Tillman of 24 Cayuga Street, Buffalo, New York to
purchase the above captioned property for additional yard space.
The Departments of Inspections and Community Revitalization has been
contacted and they have no objection to this sale. The Tax and Demolition Lien
Offices were contacted and there are no outstanding taxes and/or demolition
liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale on the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated December 5, 1991 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Edna Tillman residing at 24 Cayuga Street, Buffalo, New York, for the
private sale of 26 Cayuga Street, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 11
Results of Negotiation
250 Coit, W 180' N of Paderewski
Vacant Land: 30' x 108'
Assessed Val: $400
Item #22, C.C.P. 9/17/91
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Charles H. Blanch for the purchase of the above captioned property. Mr.
Blanch intends to improve this property, which is next to his home for extra
yard space.
An independent appraisal of the property was conducted by Dennis Walker,
Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has
estimated that the fair market value of the subject property to be Eleven
Hundred Dollars ($1,100). The Division of Real Estate concurs with the
appraisers estimated value.
The results of our negotiations are that Mr. Charles Blanch has agreed
and is prepared to pay Nine Hundred Dollars ($900) for the subject property.
He has also agreed to pay for the costs of the appraisal, transfer tax and copy
of the legal description.
Since, there have been no reasonable offers for the subject which was
acquired by the City through In-Rem in 1984 and given the fact that the lot is
not appropriate for new housing construction, I am recommending that Your
Honorable Body approve the offer of Mr. Charles H. Blanch, 254 Coit Street,
Buffalo, New York 14212, in the amount of Nine Hundred Dollars ($900).
Mr. Fahey moved:
That the above communication from the Comptroller, be received and filed;
and
That the offer of Mr. Charles Blanch residing at 254 Coit Street,
Buffalo, New York 14212 in the sum of Nine Hundred Dollars ($900.00) to
purchase: 250 Coit Street, Buffalo, New York 14212, be and hereby is accepted;
and
That the appraisal report, requested by the City, transfer tax and copy
of the legal description, will be paid by the purchaser; and
That the Mayor be, and he hereby is, authorized to execute a deed, and
the Comptroller be authorized to deliver the same, in accordance with the terms
of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 12
Report of Audit
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Passenger
Motor Vehicles owned by the City of Buffalo audit report for June 30, 1990.
-Our report has several recommendations:
enactment of an ordinance that identifies the elected and
department officials entitled to a City motor vehicle
-acquisition and installation of automated electronic motor
fuel equipment
-adoption of a Motor Vehicle Policy
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 13
Minnesota Linear Park
Suggested Legal Description
Item # 174, C.C.P. 9/3/91
In the above item Your Honorable Body had requested, from the
Division of Real Estate, an updated legal description of the property commonly
known as the Minnesota Linear Park.
Attached is a copy of the suggested legal description that was received
11/26/91 by the Division of Real Estate from City Survey. Any questions you
may have should be directed to Michael Hoffert, City Survey, Room 605 City
Hall.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 14
CERTIFICATE OF APPOINTMENT
Appointment to become effective November 21, 1991 in the Department
of Audit & Control, Division of Accounting, Louis M. Biondi 279 Summit Ave.,
Buffalo 14214 to the position of Associate Accountant, Temporary at the
starting salary of $31,678.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 15
Supported Employment
Program and Identify Applicable
Employment Situations Under
55-A of the NYS Civil Service Law
Item No. 140, C.C.P. 10-29-91
When I was appointed Commissioner of Assessment in February of
1986, it was brought to my attention by David Page, Executive Director of the
Advocacy Office for People with Handicapping Conditions, that as a department
head, I was able to appoint disabled job applicants to positions under 55-A of
the New York State Civil Service Law. Since that time, circumstances have
arisen whereby I have been able to make appointments utilizing 55-A.
Under provisions of 55-A, I appointed two disabled people to permanent
clerical positions, a female in 1987 and a male in 1988.
Because I am aware of 55-A and have made appointments utilizing its
provisions in the past, I will continue to explore circumstances whereby 55-A
can be utilized in the future.
My personal experience as a department head with 55-A is most favorable.
The two people I hired under 55-A have proven to be very able and
conscientious workers. Their disabilities have not been a hinderance in the
performance of their duties.
I believe it is in the City's, and the public's, best interest to appoint
utilizing 55-A, and I will continue to do so whenever circumstances permit.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 16
EXTENSION OF CITY CONTRACT NO. 91604200 REHABILITATION OF GROVER CLEVELAND
WATER TOWER
In accordance with the terms of the contract between the City
of Buffalo and Patterson-Stevens, Inc. for work relating to the Rehabilitation
of the Grover Cleveland Water Tower, City Contract No. 91604200, this office
has received a second request for an extension of time.
The original completion date was June 22, 1991. An extension of time was
granted to July 19, 1991.
A request for a second extension of time to September 27, 1991 has been
received. This extension is necessary in order to complete the replacement of
broken glass and one day of painting.
I have granted a second extension of time in the contract with
Patterson-Stevens, Inc. to September 27, 1991.
RECEIVED AND FILED.
No. 17
Extension of Time on Contract
Reconstruction of Lighting
Broadway Market Parking Ramp
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Dobkin & Gold Electric, Inc., C-91602400, the work should have
been completed by September 11, 1991.
Due to damaged poles that required repairs prior to installing new fixtures,
this contractor could not complete the work of this project on time. This is
the first extension of time on this project.
I have granted an extension of time to December 31, 1991 to Dobkin & Gold
Electric to complete the work of their contract.
RECEIVED AND FILED.
No. 18
Notification Serial #8216
NO PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Mildred Avenue between Tyler East Side West Side
and Englewood Avenue
4 PM Sun
4 PM Wed
t
o
to
4
PM Wed
4PM Sun
Notification Serial #8217
STOP SIGNS
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9a of Section 11 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: STOP
VEHICLES ON SHALL STOP BEFORE ENTERING
Greenfield Elam
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 19
PERMISSION TO ENGAGE CONSULTING ENGINEER COMPLIANCE ASSISTANCE LEAD AND COPPER
RULE
I hereby request your Honorable Body's authorization to engage
the services of a consultant engineer to perform engineering services
associated with tap water sampling for lead and copper for the City of Buffalo.
The federal Lead and Copper Rule was signed into law on May 6, 1991 and
requires unprecedented actions by the Division of Water to implement effective
monitoring. The new Lead and Copper Regulations require the City of Buffalo to
undertake the following activities:
Conduct a distribution system materials survey to gather data on type/age of
piping and plumbing.
Develop a complex sampling program for lead, copper, and other water quality
parameters, which will likely require customer participate in sample collection
efforts.
Implement new sampling program (regulatory deadline is 1/1/92).
Assemble existing data on lead/copper levels, historical corrosivity, coupon
testing and corrosion control practices at similar Lake Erie water systems, and
optimize existing control measures.
Attempt to demonstrate optimal treatment and assess the need for additional
corrosion control studies.
Complete supplemental corrosion control studies.
This work must be accomplished in order for the City of Buffalo, Division
of Water, to comply with the Safe Drinking Water Act.
Funds for this work will be made available in this year's Reserve for
Capital Improvements.
Mr. Fahey moved:
That the communication from the Department of Public Works, Division of
Water, dated December 2, 1991, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a Consulting Engineer for services associated with tap water sampling
for lead and copper for the City of Buffalo. The said funds for this project
will be made available in this year's Reserve Capital Improvements.
PASSED.
AYES- 13 NOES- 0.
No. 20
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, C-Allied
Mechanical C-91640300:
1. Install roof ventilator with
thermostat in the Interpretive
center. ADD $325.00
This work was requested by the Zoological Society.
The foregoing change results in a net increase in the contract of Three Hundred
Twenty-five and 00/100 Dollars ($325.00)
Summary Original Amount of Contract $52,090.00
Amount of this change (No. l) ADD 325.00
Revised Amount of Contract $52,415.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public works and found to be fair and equitable.
Funds for this work are in B/F 200-402-070 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Commissioner of' Public Works dated
December 2, 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Allied Mechanical in the amount of $325.00 for
additional work under Contract C-91640300 for work relating to Buffalo
Zoological Gardens with said cost to be charged against Bond Fund #200-402-070.
PASSED.
AYES- 13 NOES- 0.
No. 21
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens,
C-91633900, Grand Island Electric::
1. Add Fire Alarm Center to Gift Shop. ADD $3,417.00
This work was requested by the Zoological Society.
The foregoing change results in a net increase in the contract of Three
Thousand Four Hundred Seventeen and 00/100 Dollars ($3,417.00).
Summary Original Amount of Contract $43,287.00
Change Order No. 1 CCP #25 10-30-91 ADD 870. 00
Amount of this change (No. 2) ADD 3,417.00
Revised Amount of Contract $47,574.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-070 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
December 2, 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Grand Island Electric Inc. in the amount of $3,417.00
for additional work under Contract C-91633900 for work relating to Buffalo
Zoological Gardens with said cost to be charged against Bond Fund #200-402-070.
PASSED.
AYES- 13 NOES- 0.
No. 22
Change in Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
I herewith submit to Your Honorable Body the following change
in Contract for the New Parkside Entrance, Buffalo Zoological Gardens, Ferraina
Construction C-91625800:
1. Delete all carpeting except for
ticket booths. DEDUCT 3,921.00
2. Delete 160 feet of ridge vent at
interpretive center roof. DEDUCT 500.00
3. Provide cantilevered corner for
roof over existing shelter roof. ADD 828.00
This work was requested by the Zoological Society.
The foregoing change results in a net decrease in the contract of Three
Thousand Five Hundred Ninety-three and 00/100 Dollars
($3,593.00).
Summary Original Amount of Contract $481,000.00
Change Order No. 1 DEDUCT 3,593.00
Revised Amount of Contract $477,407.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by Stieglitz, Stieglitz & Tries, Architects and the Department of
Public Works and found to be fair and equitable.
Funds for this work are. in B/F 200-402-070 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
December 2, 1991 be and the same hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a change order to Ferraina Construction in the deducted amount of
$3,593.00 for work under Contract C916 25800 relating to Buffalo Zoological
Gardens with said cost to be charged against Bond Fund #200-402-070.
PASSED.
AYES- 13 NOES- 0.
No. 23
W.N.Y. Communications Pay Phones on City Property
Item No. 77, C.C.P. 11/26/91
Please be advised that the Division of Buildings has no objections
to the placement of pay phones on the specified City of Buffalo property by
W.N.Y. Communications if the following conditions are met:
1. Complete compliance with Federal and N.Y.S. Public Service Commission
rules and regulations for Customer Owned Coin Operated Telephones.
2. Coin phone owner's provision of 110 volt electricity at no cost to the
City of Buffalo.
3. A prohibition on advertising placed upon the public coin phone by the
owner.
4. An annually renewable contract which is contingent upon the issuance of
an annual "Telephone Booth" permit and subsequent payment of the annual $125.00
permit fee in accordance with the City of Buffalo Charter and Code, Chapter
441-1 and 441-2, Telephone Booth Permits.
5. The proper posting of the coin phone owner's name as well as the P.S.C.
required complaint line 1-800-342-3377 on installed coin phones.
6. Noncompliance with any of the above conditions will result in W.N.Y.
Communications forfeiting its permission to place said phone upon City of
Buffalo property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Restaurant/Dancing Class I
2609 Bailey 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 2609 Bailey Avenue and find that as to form it is correct.
I have caused an investigation into the premises for which said
application for Restaurant/Dancing Class I License is being sought and
according to the attached reports from the Fire Department 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 James D. Gladden. The Police Department's approval is attached
hereto.
In consideration of the application of:
James D. Gladden
D/B/A The New Cotton Club
2609 Bailey Avenue
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE KEN/BAILEY BLOCK CLUB AND THE
KEN/BAILEY N.H.S.
No. 25
Veterans Administration, 3495 Bailey Ave.
requests permission to install conduit.
Mr. Richard S. Droske. Veterans Administration Medical Center
Director, has requested permission to install an eight inch casing pipe
underneath Bailey Avenue connecting the V.A. Medical Center and the University
of Buffalo.
The pipe will contain electrical, communication and computer conduits,
and also a pneumatic conveying tube. The method of installation is planned as
"Bore and Push", with no obstruction to traffic. This project is a cooperative
effort between the University of Buffalo and the VA Medical Center.
The Department of Public Works has reviewed the V.A. Medical Center's
application pursuant to Chapter 413-67 (Encroachment Regulations) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the conduits are installed a minimum of 36 inches below the sidewalk
and/or pavement surface.
3. That the applicant supply the Department of Public Works with a set of
"as built" plans of the conduits upon completion of installation.
4. That the applicant supply the Department of Public Works with a $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 conduits.
Mr. Fahey moved:
That the communication from the Acting City Engineer dated December 4,
1991 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
issue a mere license to the Veterans Administration Medical Center to install
an eight inch casing pipe for conduits beneath Bailey Avenue connecting the
V.A. Medical Center and S.O.N.Y. at Buffalo upon the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the conduits be installed a minimum of 36 inches below the
sidewalk and/or pavement surface.
3. That the applicant supply the Department of Public Works with a set of
"as built" plans of the conduits upon completion of installation.
4. That the applicant supply the City of Buffalo with a $5,000.00
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 conduits.
PASSED.
AYES- 13 NOES- 0.
No. 26
2325 South Park Avenue requests permission to replace step within city right of
way
Mr. Michael Platt, owner of the property located at 2325 South
Park Avenue, has requested permission to replace a concrete step at said
address which was removed by a city contractor during the reconstruction of
South Park.
The concrete step was found to encroach into city right of way and
therefore requires Common Council authorization before being replaced. The
proposed step would measure 3 feet 6 inches in length and project 1 foot 8
inches from the building face into city right of way.
The Department of Public Works has reviewed Mr. Platts application
pursuant to Chapter 413-67 (Encroachment Regulations) and has no objection to
your Honorable Body authorizing the Commissioner of Public Works to issue a
"Mere License" for the installation of said step provided the following
conditions are met:
1. That the concrete step be installed in accordance with all pertaining
building codes.
2. That the applicant be responsible for maintaining said step as long as it
remains in city right of way.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
CERTIFICATE OF APPOINTMENT
Appointment to become effective November 25, 1991 in the Department
of Public Works, Division of Water Carole M. Getz 25 Knox Ave., Buffalo 14216
to the position of Senior Clerk, Temporary at the starting salary of $20,861 +
$200 LG.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKS
No. 28
Trade-in of Dump Trucks
We have requested that the Division of Purchase bid the purchase
of two (2) 4 X 4 pickup trucks.
As a part of this package
we are requesting Your Honorable Body's approval to trade two (2) 1983 GMC
dump trucks. We estimate that we can receive a trade-in value of $5,000.00 plus. We feel that this would exceed the
revenues that the City would realize should these same vehicles be sold at auction.
Further, a trade would allow us to stretch our limited Capital Outlay
dollars.
Mr. Fahey moved:
That the communication from the Acting Commissioner of Parks dated
December 2, 1991 be received and filed; and
That the Acting Commissioner of Parks be and he hereby is authorized to
trade in two (2) 1983 GMC dump trucks; and that the trade-in value is estimated
at $5,000.00 plus.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 29
E.A.F.
S. Friscicaro/H. Huynh - Request
to convert 1096-1098 Elmwood Ave.
from a takeout restaurant to a
sit-in restaurant.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development, be
received and filed; and
That "S. Friscicaro/H. Huynh - Request to convert 1096-1098 Elmwood Ave.
from a takeout restaurant to a sit-in 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 1) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 30
REPORT OF BIDS
BEECHERS PLAYGROUND IMPROVEMENTS
I have asked for and received the following proposals for Beechers
Playground Improvements on December 3, 1991.
CONTRACTOR BASE BID ALT. 1
Birch Grove Landscaping 24,274 1071
Gleason's Nursery 24,412 1350
L.C.P. 27,722 1766
American Paving 27,840 1300
B D R 29,444 1400
Johnstone 29,753 1200
I hereby certify that the foregoing is a true and correct statement of all bids
received, and that Birch Grove Landscaping, P.O. Box 117, East Aurora, New York
14052 in the amount of $24,274, is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the City to order the work on
the basis of the low bid. Funds for this work are available in a Bond Fund for
Beechers Playground.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated December 3, 1991, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to award contract for Birch Grove Landscaping, the lowest
responsible bidder, in the amount of $24,274.00 for Beechers Playground
Improvements. The said costs are available in a Bond Fund for Beechers
Playground.
PASSED.
AYES- 13 NOES- 0.
No. 31
Waterfront Redevelopment Project NYR-35 Major Urban Renewal Plan Amendment
C.C.P. No. 2, Oct. 22, 1963
The Waterfront Redevelopment Project NYR- 35 Urban Renewal Plan
was approved October 22, 1963, C.C.P. No. 2, with a fifty year duration.
The Buffalo Hearing and Speech Center had requested to purchase a portion
of disposition Parcel 20, west of new Seventh Street. To construct a 35,000
sq. ft. facility Your Honorable Body held a public hearing and moved the
approval of an amendment which allowed a portion of that parcel now known as
Parcel 20A to be developed by the Hearing & Speech Center, November 12, 1991,
C.C.P. No. 126.
Due to the irregular shape of Parcel 20A, it is now being requested to
further amend the Urban Renewal Plan by including a portion of Parcel 21
previously designated public park and/or walkway.
That parcel contains 99,724 sq. ft. with 15,040 sq. ft. now be requested
to be amended for community business district use which will allow the Buffalo
Hearing and Speech Center to develop a more efficient site plan.
The remainder of Parcel 21 (84,684 sq. Et.) would continue as public park
and/or walkway with the portion amended to be known as 21A.
The City Planning Board has approved the plan change at its meeting of
December 3, 1991 after the required public hearing and a report from the City
Planning Boar is a prerequisite to subsequent Common Council Action.
Upon receiving the City Planning Board report, it is requested that your
Honorable Body hold the required public hearing and act on the Major Plan
Change by the adoption of an appropriate resolution.
Please be advised that in accordance with the provisions of Article 15 of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a Notice of said
hearing.
In the interest of time and anticipating that your Honorable Body will
recognize the necessity of expediting this matter, I have attached a
resolution, together with a Notice of Public Hearing for your consideration.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 32
Monthly local work cutting grass & weeds 1991.
In accordance with Chapter 341, Article I of the City Ordinance,
I am herewith attaching a list of parcels of land in the City of Buffalo,
owners or persons having charge of such lands and the cost of cutting grass -
weeds on these properties by the Department of Street Sanitation in 1991.
1991 - $21,650.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 33
Report of Emergency Bid Re: 252 Dodge
Due to the very serious and hazardous condition of the fire-damaged
building located at 252 Dodge Avenue, Fire Commissioner Paul Schanks requested
that our department bid the property for immediate emergency demolition.
Inspections were also conducted by this department and it was determined that
action was necessary due to (l) the structural condition of the building
and/or (2) the resulting dangerous and h
azardous condition which exists at this location, i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
November 21, 1991 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID
252 Dodge Advanced Tree/ House Demolition
Clarence and Elleas Rivers $3295.00
252 Dodge
Buffalo, New York 14208
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund # 500- 000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 26, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Advanced Tree and House
Demolition at a cost of $3,295.00 relating to 252 Dodge, Buffalo, New York,
14208 be, and the same hereby is confirmed, ratified and approved, with said
cost to be charged against Special Assessment Fund #500-000-002-00000. and that
said cost shall be collected against the owner or person in possession of the
premises and/or shall be assessed against the property benefitted, in
accordance with Chapter XI, Article VII, of the Ordinances of the City of
Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 34
Report of Emergency Bid
RE: 140 E. Utica and 142-146 E. Utica
Due to the very serious and hazardous condition to the fire-damaged
building located at 140 East Utica and 142-46 East Utica, Fire Commissioner
Paul Schanks requested that our department bid the property for immediate
emergency demolition. Inspections were also conducted by this department and
it was determined that action was necessary due to (l) the structural condition
of the building and/or (2) the resulting dangerous and hazardous condition
which exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
November 26, 1991 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR/ AMOUNT OF BID
140 East Utica Advanced Tree / House Demolition
Douglas Green $4800.00
71 Barone Circle
Cheektowaga, NY 14225
142-146 East Utica Advanced Tree/ House Demolition
18 Ayrault Dr. $7600.00
North Tonawanda, NY 14120
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 27, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Advanced Tree and House
Demolition at a cost of $4,800.00 relating to 140 East Utica, and $7,600.00 for
142-146 East Utica be, and the same hereby is confirmed, ratified and approved,
with said cost to be charged against Special Assessment Fund
#500-000-002-00000. and that said costs shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter XI, Article VII, of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 35
Report of Emergency Bid Re: 190 Koons
Due to the very serious and hazardous condition of the fire-damaged
building located at 190 Koons Avenue, Fire Commissioner Paul Schanks requested
that our department bid the property for immediate emergency demolition.
Inspections were also conducted by this department and it was determined that
action was necessary due to (1) the structural condition of the building and/or
(2) the resulting dangerous and hazardous condition which exists at this
location, i.e in accordance with guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
November 20, 1991 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR AMOUNT OF BID
190 Koons Advanced Tree/ House Demolition
Eastman Capital Corp. $4276.00
39 GoodeIl
Buffalo, New York 14203
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department
that the cost of the project be charged to the Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected against the owner or person in possession
benefitted, under the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 26, 1991, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Advanced Tree and House
Demolition at a cost of $4,276.00 relating to 190 Koons, Buffalo, New York,
14203 be, and the same hereby is confirmed, ratified and approved, with said
cost to be charged against Special Assessment Fund #500-000-002-00000. and that
said cost shall be collected against the owner or person in possession of the
premises and/or shall be assessed against the property benefitted, in
accordance with Chapter XI, Article VII, of the Ordinances of the City of
Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 36
USE OF "GATEHOUSE" & ABATEMENT LAWS
ITEM NO. 138, C.C.P 10/29/91
With reference to the above subject it has been the past practice
that the Police Department notify the Department of Inspections and Community
Revitalization of properties that are being investigated by the Police
Department as buildings that are being used for illegal drug purposes.
Based on the fact that the people who occupy gatehouses and frequent gatehouses
are considered undesirable and capable of violent acts such as shootings, our
district inspectors have been instructed not to inspect these buildings because
we fear for the inspectors safety.
However, if an exterior of one of the buildings can be inspected from a fairly
safe distance, the inspector will make the exterior inspection and notify the
owner of record to make corrections of any exterior violations if they exist.
The property in violation will be reinspected at periodic intervals to
establish whether the owner plans on complying with the housing codes by making
needed repairs. If after a reasonable period of time the corrections to the
property aren't made, the owner of the property is issued a summons to appear
in city Housing Court and answer our charges as to why the property is not
maintained in a minimum standard. The court at this time will dictate to the
owner what penalty, if any, will be imposed for failing to comply with property
code standards.
It has also been a past practice for the Police Department to notify our
Department when a gatehouse raid is scheduled so a district inspector can
accompany the Police Department for the purpose of making an interior
inspection to establish compliance with minimum building code standards. The
inspector does not enter the gatehouse for an inspection until the officers
conducting the raid have determined the property is safe for the building
inspector to enter.
If our Department is made aware of an abandoned or vacant building in the
districts, our Department will notify the "Clean and Seal" Department which is
under the jurisdiction of Community Development, to make the building secure to
all intruders by sealing all openings with plywood.
The illegal activity that exists in gatehouses does not make enforcement of
"gatehouse laws function of our Department. Our department deals strictly with
the implementation of housing maintenance laws and codes.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
PROPERTY COMPLAINT-NEXT TO 2555 MAIN ST.
ITEM NO. 72, C.C.P. 11/12/91
Please be advised the above referenced property was inspected
on November 6, 1991 at which time the owner, Donald C. Roberts was sent a
letter of violation for five counts.
A reinspection has been scheduled for December 11, 1991. If work has not been
completed by this date court action will be initiated.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 38
REPLY TO TREASURY AUDIT
ITEM # 20 - C.C.P. NOVEMBER 26, 1991
The Division of Treasury has received and reviewed the audit completed
by the Department of Audit and Control for the period of July 1, 1990 to
December 31, 1990.
Treasury finds this audit complete and appreciates the recognition Treasury
receives for its attention to City of Buffalo and Buffalo Sewer Authority
revenues as well as to the taxpayers and employees of the City of Buffalo.
The Division of the Treasury did concur with the recommendation of Audit and
Control with regard to the Enterprise funds and all changes have been
completed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
"Request Funding for Zoo EIS"
Item #28, C.C.P. November 26, 1991
I have reviewed the above-referenced resolution which requests
$30,000 in planning funds for the Environmental Impact Statement for a project
to develop the Buffalo Zoo's elephant habitat. This project has apparently been
undertaken by the zoo management. It is not included in the City's capital
budget and this department has not received any proposal from the Buffalo Zoo
to review.
The planning reserve account referred to in the resolution is intended
for projects for which the City is going to sell bonds. This project does not
meet that criterion. Therefore it would be inappropriate for us to initiate a
transfer of City funds to the zoo for this project.
If the Buffalo Zoo intends to request financial assistance or technical
review from the City, it should submit its request to the Mayor through the
ordinary budget process.
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
No. 40
'Charge BSA for use of City Property"
Item #32, C.C.P., November 12, 1991
In reference to the above-mentioned resolution requesting a response
from this department on the possibility of charging the Buffalo Sewer Authority
rent for the use of City of Buffalo property, the City will collect over $1.9
million this year from the Buffalo Sewer Authority for use of property and
services rendered by City departments. These payments include, in this fiscal
year, $339,000 for data processing services, $129,000 for audit services and
$220,000 for use of the Ferry Street Bridge.
The water enterprise fund received $440,000 in fiscal 1989-90 and
$462,000 in 1990-91 from the Buffalo Sewer Authority and will collect
approximately $473,550 in the 1991-92 fiscal year.
Payments from the Buffalo Sewer Authority to the general fund totalled
$1,340,000 in 1989-90 and $1,407,000 in 1990-91. Projected revenue from the
Buffalo Sewer Authority to the City of Buffalo general fund is $1,447,000 in
1991-92.
See the table below for a departmental breakdown of BSA payments to the
City General Fund and Water Enterprise Fund:
1989-90 1990-91 1991-92
DEPARTMENT ACTUAL ACTUAL ESTIMATE
DATA PROCESSING 315,000 330,750 339,019
AUDIT 120,000 126,000 129,150
ACCOUNTING 75,000 78,750 80,719
CIVIL SERVICE 60,000 63,000 64,575
TREASURY 110,000 115,500 118,388
LAW 125,000 131,250 134,531
ASSESSMENT 280,000 294,000 301,350
PURCHASE 55,000 57,750 59,194
ENG. (FERRY ST BRIDGE) 200,000 210,000 220,000
TOTAL GENERAL FUND $1,340,000 $1,407,000 $1,446,926
WATER $440.000 $462.000 $473,550
TOTAL REV. FROM BSA $1,780,000 $1,869,000 $1,920,476
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 41
Permission to Enter Into
Lease for Copy Machine
That the City of Buffalo Division of Substance Abuse Services
enter into a lease for a large copy machine. The low bidder, being Gestetner
Corporation for Gestetner Model 2355ZDF with sorter. The lease number
330-100191-001-123B will be administered through Lehigh Municipal Leasing, Inc.
at $448.00 per month, for a 36 month period, from October 1, 1991 to September
30, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Request to enter into agreement between Health Research, Inc. and Division of
Substance Abuse Services for "Blinded HIV Drug Treatment Program"
We are requesting to enter into agreement with Health Research,
Inc. for a "Blinded HIV Drug Treatment Program". Health Research, Inc.. on
behalf of the AIDS Epidemiology program have agreed to participate in a
collaborative research effort to determine in a blinded (anonymous) manner the
prevalence of HIV infection among clients of drug treatment programs.
Information collected as a result of this study will be maintained in a
confidential manner to ensure the HIV status of any individual remains unknown
to clinic staff, laboratory staff and researchers. This agreement shall be
effective and allowable costs may be incurred by the Contractor from 1/1/91 and
shall continue until 12/31/92 in the maximum amount of $2,000 reimbursed by
Health Research, Inc.
Mr. Fahey moved:
That the communication from the Commissioner of Human Resources, dated
December 5, 1991, be received and filed; and
That the Commissioner of Human Resources be and he hereby is authorized
to enter into the Letter of Agreement with Health Research, Inc., attached to
said communication for a Blinded HIV Drug Treatment Program.
PASSED.
AYES- 13 NOES- 0.
No. 43
Police Athletic League Centers
C.C.P., No. 149
In response to resolution No. 149 C.C.P.
November 26th, 1991,
the following is information that was requested. The Buffalo Police Athletic League ceased operating neighborhood youth
centers on October 1st, 1990. At that time, four (4) Police Athletic Centers were operational. In November of 1990, the
four (4) former Police Athletic Centers were reopened as Youth Athletic Centers under the jurisdiction of the Buffalo
Division For Youth. The four (4) centers were located at 346 Austin St., 409 Jefferson Ave., 118 East Utica St. and 2219
South Park Ave.
Since this time, the Buffalo Division For Youth has been operating these
centers offering a variety of programming such as arts and crafts, movies,
lunch programs, boxing, basketball, weight-lifting and other recreational
activities. Currently our three (3) centers are operating Monday through
Friday from 4:00 PM. to 9:00 PM. with funding directly from the Buffalo
Division For Youth budget.
The youth athletic center located at 346 Austin St. was closed due to physical
limitations of the facility in offering recreational programs such as an
extremely small gym area unsuitable for any activity. Additionally, due to a
45% reduction in the Division For Youth 1991 - 1992 budget, funds to operate
four (4) sites were unavailable. Since the Buffalo Police Athletic League has
stopped offering youth programming, the Buffalo Division For Youth has operated
their former centers as well as continuing a youth baseball league known as the
City of Buffalo Youth Baseball League which was highly successful in its first
year of operation in the summer of 1991 with over fifty-five (55) teams
participating.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Employment Info-Youth Board Members
Item #2 C.C.P., November 26, 1991
In response to Item #2 on November 26, 1991, Common Council meeting
agenda, the exact employment titles and addresses of employment for all members
on the Buffalo Youth Board is unavailable as it is not used in the regular
course of business.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 45
Waiver of Requirement for Performance Bond for Flanigan Chevrolet, Inc. for
Purchase of a Van for the Dept. of Police
Bids were opened Friday, October 25, 1991 for the above purchase.
Five bids were received, and the lowest bidder meeting specifications was
Flanigan Chevrolet, Inc., who bid $12,150.00.
Since the cost of the bond is prohibitive for this small company, I am
requesting permission to waive the bond requirement, as per C.C.P., #183,
dated December 8, 1987. The required contract has been signed by Flanigan
Chevrolet, Inc. to insure delivery, and the warranties from General Motors
cover any problems with the vehicle that may be encountered.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF GENERAL SERVICES
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 46
Sal. Ord. Amend. - Fire
C.C.P. 10/29/91 - Item # 151
This is in reply to your request for information relative to the
Buffalo Fire Department's request for a salary ordinance amendment changing the
title of Communications Electrician to Communications Technician.
You have requested this Commission to explain the reason for supporting this
title change and that we provide information relative to the eligible list for
said position.
Be advised that at the Civil Service Commission meeting of September 18, 1991
the Commission considered a request from Fire Commissioner Paul S. Shanks
requesting the title of Communications Electrician be changed to Communications
Technician because he felt the title Communications Technician is more
appropriate for the duties of said position. Commissioner Shanks feels the
title of Communications Electrician is misleading, since the duties of said
position are more of a technical nature rather than electrical. As a result,
the Civil Service Commission approved Commissioner Shanks' request and directed
the job specifications be amended to reflect the same.
In regard to the eligible list for said position, be informed an examination
for Communications Electrician was held on October 19, 1991. Upon receipt of
the results of said examination this Commission will adopt the eligible list
for Communications Electrician and deem said list appropriate to fill the
position of Communications Technician.
I trust this information satisfies your inquiry. If you have any additional
questions relative to this matter, please notify the Civil Service Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 47
RESIDENCY STATUS - SUPERVISOR FIRE ALARM SERV
Paul C. Anthon
This is in response to your communication of November 19, 1991
in which you inquired about a requirement that Paul C. Anthony, Superintendent
of Fire Alarm Services, establish residence in the City of Buffalo at the time
of his appointment.
Be advised the records of the Civil Service Commission indicate Mr. Anthon was
appointment to the position of Superintendent of Fire Alarm Services on October
3, 1977. The records do not indicate that Mr. Anthon was required to establish
residence in the City of Buffalo at the time of appointment.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 48
NOTIFICATION OF DISPOSITION OF CITY RECORDS
The following department 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 (64)
RECEIVED AND FILED.
No. 49
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Assessment- S. Hart
Fire- T. Meldrum, J. Reid, S. Smith
Street Sanitation- D. Turchiarelli
Human Resources-C. Phillips
RECEIVED AND FILED.
No. 50
REPORTS OF ATTENDANCE
VARIOUS, BOARDS, ETC.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Civil Service Commission
Municipal Housing Authority
RECEIVED AND FILED.
No. 51
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 December 2, 1991 in the Department of City
Clerk ,Artha L. Williams 52 Willet Pk Apt.B Buffalo, NY 14204 to the position
of Intern IV at the starting salary of $6.00/hr.
No. 52
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 MAYOR
Appointment to become effective December 3, 1991 in the Department
of the Mayor, Gretchen M. Hurst, 81 Rebecca Pk., Buffalo, 14207 to the position
of Receptionist, provisional at the starting salary of $19,411
FROM THE DEPARTMENT OF STADIUM & AUDITORIUM
Appointment to become effective December 5, 1991 in the Departm
ent
of Stadium & Auditorium,
Division of Memorial Norbert L. Steinwandel, Jr., 135 S. Legion Dr.
,Buffalo, 14220, to the position of Laborer II, permanent at the starting
salary of $8.88/hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective November 21, 1991 in the Department
of Public Works, Division of Buildings to the position of Second Class
Stationary Engineer at the starting salary of $5.41/hr.
Joseph R. Ippolito 330 Whitfield Avenue, Buffalo 14220
Richard J. Kania, Jr. 183 Crystal Avenue, Buffalo 14220
Patrick J. Lynch 43 Mt. Vernon Street Buffalo 14210
Albert M. Roberts 8 Susan Lane Buffalo 14220
Michael Coniglio 138 Folger Street, Buffalo 14220
Appointment to become effective November 27, 1991 in the Department of Public
Works, Division of Buildings to the position of Second Class Stationary
Engineer, temporary at the starting salary of $5.41/hr.
Lawrence L. Doctor, Jr. 70 Hansen Street Buffalo 14220
Ronald A. Giglio 578 Downing Street Buffalo 14220
Appointment to become effective November 25, 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.
Virgil Cicco 234 St. Lawrence Avenue Buffalo, New York 14216
Sean C. Evans 17 Teresa Place Buffalo, New York 14210
Thomas T. Pappas 48 Indian Church Road Buffalo, New York 14210
Appointment to become effective November 21, 1991 in the Department of Public
Works Division of Buildings to the position of Sr. 1st Class Stationary
Engineer, temporary at the starting salary of $7.05/hr.
Vincent G. Hornberger 320 Downing Street Buffalo 14220
John Riccio 758 Tifft Street Buffalo 14220
Eugene E. Schuta 64 Shenandoah Road Buffalo 14220
FROM THE DEPARTMENT OF PARKS
Appointment to become effective December, 1991 in the Department
of Parks, Division of Recreation Joan Disbrow 171 Villa Ave., Buffalo New York
14216 to the position of Special Service Instructor III, Seasonal at the
starting salary of $15.75/hr.
FROM THE DEPARTMENT OF FIRE
Appointment to become effective November 4, 1991 in the Department
of Fire, Michael 0'Neill 79 Marine Drive - Apt. 6B Buffalo, New York 14202 to
the position of Communications Specialist, temporary at the starting salary of
$21,526
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective December 4, 1991 in the Department
of Street Sanitation Charles T. Cirringione 62 Alden Avenue . Buffalo
, New York
14216 to the position of Laborer II, Seasonal at the starting salary of $6.65/hr.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective November 22, 1991 in the Department
of Human Resources, Division of Youth to the position of Youth Worker,
Temporary, at the starting salary of $4.25/hr.
Henry Diaz 238 W. Utica St. Buffalo, 4222
Adrian Smith 379 Emslie St., Buffalo 14206
Prospero Tabone 55 Commonwealth Buffalo 14216
Herbert Jones 347 E. Ferry St. Buffalo 14208
Inez Kimble 414 Olympic Ave. Buffalo 14215
Appointment to become effective December 3, 1991 in the Department of Human
Resources Division of Youth to the position of Attendant, Temporary at the
starting salary of $4.25/hr.
Antony Briggs 34 George St. Buffalo NY 14204
Kelvin Briggs 34 George Buffalo NY 14204
Camille Cammarato 163 Tacoma Buffalo NY 14216
Dwayne A. Ferguson 135 Butler Ave. Buffalo NY 14208
Sheila Johnson 1100 E. Ferry St. Buffalo NY 14211
Andrew J. Kiener 14 Bridgeman Buffalo NY 14207
Ann Marie Nicometi 89 Hoyt S. Buffalo NY 14213
Philomena Panaro 86 Dorchester Buffalo NY 14213
Yolanda R. Perry 155 Timon St. Buffalo NY 14208
Joseph Ruminski 32 Marion St. Buffalo NY 14207
Ida Hall 196 Crescent Ave. Buffalo NY 14214
Joyce Wilson 58 Cottage St. Buffalo NY 14201
Appointment to become effective December 5, 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 DiStefano 2096 Delaware Ave. Buffalo NY 14216
Gregory C. Johnson 491 Dodge Buffalo NY 14208
Appointment to become effective November 25, 1991 in the Department of Human
Resources Division of Youth to the position of Supervisor, Temporary at the
starting salary of $5.00/hr.
David A. Barbara, Sr. 688 Prospect Buffalo 14213
Carmela Trippi 26 Woodette Buffalo 14207
Appointment to become effective December 3, 1991 in the Department of Human
Resources Division of Youth to the position of Supervisor, Temporary at the
starting salary of $5.00/hr.
Michael Chase, III 811 McKinley Pkwy Buffalo NY 14220
Priscilla Perry 155 Timon St. Buffalo NY 14208
Doris Russell 18 Harriett Ave. Buffalo NY 14215
David Shamrock 168 Saranac Ave. Buffalo NY 14216
Appointment to become effective December 5, 1991 in the Department of Human
Resources Division of Youth Laura McKenica, 22 Ulman St., Buffalo 14207 to the
position of Lifeguard, Temporary at the starting salary of $5.00/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 53
BUFFALO ENTERPRISE DEVELOPMENT CORP.
Audit Report- Fiscal Year
ending 5/31/91
Pursuant to the Ordinance of the City of Buffalo, Article XIll
- City Development Agencies, Section 152, we are hereby submitting a copy of an
audited financial statement for The Buffalo Enterprise Development Corporation
for the year ending May 31, 1991.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 54
JAY BURNEY
Resignation from Pest Mgmt. Board
It is with some regret that I submit my resignation to the Pest
Management Board. My personal schedule has not allowed me to attend daytime
board meetings with any regularity and I feel that my lack of attendance
creates a lack of contribution which can only have a negative impact on the
work that must be done. Please accept this resignation, and good luck to the
board on all future issues.
RECEIVED AND FILED.
No. 55
CITIZENS CAMPAIGN FOR THE ENVIRONMENT
Proposed City Charter amendment
/Annual Water Supply Statement
Article 10, Section 190 of the Buffalo City Charter is amended
to read as follows:
On or Before March 31 1992, and every year thereafter, the Department of Public
Works, through its Division of Water shall be required to publish an Annual
Water Supply Statement for distribution to water consumers served by the City
of Buffalo. The information contained in the statement shall include but not be
limited to:
l) The source of the water supply.
2) The condition of the raw water and the results of testing conducted
pursuant to Part 5 of the State Sanitary Code.
3) A description of land use activities which threaten or may threaten the
quality of drinking water.
4) The treatment the water receives and the quality of water at the tap.
5) Information on water rates.
6) Capital expenditures in the past year for water system improvements.
7) Annual operating budget.
8) Water conservation methods customers can implement.
9) Telephone numbers and addresses where consumers can receive additional
information.
The Annual Water Supply Statement may be published in the form of a newsletter
or brochure and distributed as a water bill insert or it may be published in a
newspaper of general circulation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
KENMORE-ENGLEWOOD ASSOCIATES
Abandon/Sell Portion of Seattle St.
We are the attorneys for Kenmore-Englewood Associates, the partnership
which owns the Kenmore-Englewood plaza located at 392-400 Kenmore Avenue,
Buffalo, New York.
As we discussed with you Seattle Street is a paper street running
directly behind the Kenmore-Englewood plaza in an east-west direction. On
behalf of our client we would ask the city of Buffalo to consider abandoning
Seattle Street, it being the intent of our client to purchase that portion' of
Seattle Street located directly behind the plaza.
I trust you will file this letter request with the City Clerk for
consideration at the next Common Council meeting. I am forwarding a copy of
this letter to Joel Giambra as well in order to expedite the abandonment and
sale process.
Thank you in advance for your continued cooperation. I would appreciate
your keeping me advised as to the progress of this matter,
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, CITY PLANNING BOARD THE
COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMPTROLLER, THE CORPORATION
COUNSEL, AND UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT ASSOCIATION.
No. 57
LOCAL 282
BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, INC.
Oppose Bond for Amphibious Fire Vehicle
In regard to Bond Resolution Item #125 CCP November 26, 1991,
a $650,000 Amphib Fire Vehicle, please find enclosed the City of New York's and
the Tonawanda Underwater Squad's evaluations of like vehicles and an article
on the loss of the fire boat in Vancouver.
We are opposed to the bond issue because after much investigation, we
feel this boat would not fulfill the needs of Buffalo Harbor. It would make us
the laughing Stocks of the Great Lakes.
Among the reasons are that it does not have the ice breaking capacity,
pump capacity, rescue capacity or foam capacity even close to those of the
present fire boat, or even close to our needs in the Buffalo Harbor. If we are
going to replace the Fire Boat, it should be with a like craft.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
PUBLIC ACCESS POLICY BOARD
Re-Franchising Process
At our regular Board meeting of November 14, 1991 a number of
issues were addressed and I am pleased to bring these to your attention.
First, both the Mayor and the Council have recently taken steps to
address the issues surrounding cable television refranchising. The Mayor's
message to the Council October 30, 1991 and the C.A.T.V. Committee (chaired by
George K. Arthur) meeting with Steve Shaye of the New York State Cable
Commission demonstrate both leadership and commitment to the issues. We are
pleased to recognized and encourage these actions that can lead to an enhanced
return on our investment in cable television.
Secondly, according to the rules and regulations for the Public Access
Policy Board ( C.C.P., 11/29/88) by a majority vote of it's members the Policy
Board may make recommendations to modify or amend it's rules and regulations
for approval by the Council. After many months of debate and contemplation the
board has devised a new set of rules and regulations, which were considered at
our regular meeting. Because of this item this meeting was the best attended
meeting in the history of the Policy Board, with only one absent member. The
Board voted unanimously to ask the Council to consider adopting these rules and
regulations. (see attached)
Finally, the board urges the City of Buffalo to adopt and publish a
schedule of activities relevant to the refranchising process. It is our
understanding that both B-Cam Inc. and the New York State Cable Commission can
offer guidelines in this area. The Policy Board is prepared to review and make
recommendations regarding this schedule.
REFERRED TO THE SPECIAL COMMITTEE ON C.A.T.V.
No. 59
WNY ECONOMIC DEVELOPMENT CORP.
Project Plan-Chippewa Project
Enclosed, please find a copy of the General Project Plan (the
"Plan") and findings for the proposed Chippewa Commercial Revitalization Land
Use Improvement Project in the City of Tonawanda. In accordance with Section
16(2) of the New York State Urban Development Corporation Act (Chapter 174 of
the Laws of 1968), as amended, we request that the Plan and findings be filed
in your office.
A public hearing for this project is scheduled for December 10, 1991 from 2:30
PM. to 3:30.
Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSlONER OF
COMMUNITY DEVELOPMENT
No. 60
WNY ECONOMIC DEVELOPMENT CORP.
Project Plan Main St. 500 Block
Enclosed, please find a copy of the General Project Plan (the
"Plan") and findings for the proposed 500 Block Commercial Revitalization Land
Use Improvement Project in the City of Tonawanda. In accordance with Section
16(2) of the New York State Urban Development Corporation Act (Chapter 174 of
the Laws of 1968), as amended, we request that the Plan and findings be filed
in your office.
A public hearing for this project is scheduled for December 10, 1991 from 1:30
PM. to 2:30.
Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSlONER OF
COMMUNITY DEVELOPMENT
PETITIONS
No. 61
Sorrento Cheese Co., Inc. ,owner, petition to use 2375 South
Park Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 62
The Trustees of NET, owner, Burger King, tenant, petition to use 2335 South
Park Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 63
Family Dollar Stores of N.Y., owner, petition to use 1870 Bailey
Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 64
Shirmard Corp., owner, petition to use 1624 William for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 65
Eugene F. Norman, owner, petition to use 908 Walden for a beauty parlor.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 66
Detroit Street Block Club request Crime Watch Signs on Detroit
at William, Peckham and Paderewski Streets.
Mr. Fahey moved:
That the Detroit Street Block Club be and hereby is authorized to be
included in the Neighborhood Crime Watch Program; and
That the Department of Public Works and the Department of Police be and
hereby are requested to assist the Detroit Street Block Club in placing
Neighborhood Crime Watch Signs at the following locations:
Corner of Detroit Street at William Street facing south;
Corner of Detroit Street at Peckham Street facing south;
Corner of Detroit Street at Paderewski Street facing south.
PASSED.
AYES- 13 NOES- 0.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 67
SALARY ORDINANCE AMENDMENT
70-0 DEPARTMENT OF STREET SANITATION
ITEM NO. 141, C.C.P., NOV. 12, 1991
That the Salary Ordinance Amendment as contained in Item No. 141,
C.C.P., November 12, 1991 be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 68
Removal Of J. Pessino from Police List
(Item # 132 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 69
Removal Of J. Pezzino From Police List (CSC)
(Item # 58 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 70
Removal Of J. Pezzino Form Police List (CSC)
(Item # 56 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 71
Appointment Of Assistant Corporation Counsel (Max)
(Item # 44 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 72
Appointment
Audit & Control//Operations Communications Coordinator
That Communication No 21 CC? Nov 26, 1991 be received and filed
and the Permanent contingent appointment of Mary G. O'Rourke stated above at
the maximum salary $23,886.00 effective on Nov 18, 1991 is hereby approved.
Mr. Pitts now moved to recommit the above item to the Committee on Civil
Service.
ADOPTED.
No. 73
Appointment
Audit & Control/Computer Programmer
That Communication No 22 CC? Nov 26,1991 be received and filed
and the Contingent Permanent appointment of Paul J. Bonvissuto stated above at
the Intermediate salary $29,342.00 effective on Nov 12, 1991 is hereby
approved.
Mr. Pitts now moved to recommit the above item to the Committee on Civil
Service.
ADOPTED.
No. 74
Appointment
Audit & Control//Systems Analyst
That Communication 23 CC? Nov 26, 1991 be received and filed and
the Provisional appointment of Michael J. LoVullo stated above at the
Intermediate salary $33,025.00 effective on Nov 25, 1991 is hereby approved.
Mr. Pitts now moved to recommit the above item to the Committee on Civil
Service.
No. 75
Appointment
Audit & Control//Grants Auditor Supervisor
That Communication No 24 CC? Nov 26, 1991 be received and filed
and the Permanent Contingent appointment of Albert J. Rensoni stated above at
the Maximum salary $36,275.00 effective on Nov 19, 1991 is hereby approved.
Mr. Pitts now moved to recommit the above item to the Committee on Civil
Service.
ADOPTED.
No. 76
Appointment
Human Resources//Asst. Director-Substance Abuse Services
That Communication No 53 CCP Nov 26, 1991 be received and filed
and the appointment of Jesse J. Carmichael as stated above at the late salary
$33,468.00 effective on Nov 18, 1991 is hereby approved.
PASSED.
AYES- 13 NOES- O.
No. 77
Notices Of Appointments (C.Clerk)
(Item # 68 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 78
Conduit Occupancy Agreement (PW)
(Item # 24 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 79
LEASE PROPOSALS FOR CITY
OF BUFFALO AUTO POUND
(ITEM NO. 52, C.C.P., NOVEMBER 26, 1991)
That the Division of Real Estate be and hereby is authorized to
prepare a cease between the City of Buffalo and the 189 Tonawanda Street
Corporation for property commonly known as 189 ' Tonawanda Street for use as
the City's auto pound upon the terms and conditions and for the consideration
stated in the proposal of said corporation dated November 4, 1991, attached to
the above item.
PASSED.
AYES- 13 NOES- 0.
No. 80
ABANDONMENT OF PORTION OF ASBURY ALLEY
NORTH SIDE OF CHIPPEWA STREET
(ITEM NO. 114, C.C.P., OCTOBER l, 1991)
That a 177.40 foot portion of Asbury Alley located directly behind
and parallel to the property at 432-488 Pearl Street, as more particularly
described on the survey attached to Item No. 138, C.C.P. , September 3, 1991,
be, and hereby, is discontinued and abandoned for public use, provided said
discontinuance and abandonment shall become effective upon transfer of title of
said premises to RCB Development, Inc., provided further that:
1. The Department of Public Works and other involved City departments view
and approve the proposed abandonment; and
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.
PASSED.
AYES- 13 NOES- 0.
No. 81
Wildroot Building//Demolition Costs For Crosswalk Bridge
(Item # 206 CCP July 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 82
Wildroot Building//Demolition Costs For Crosswalk Bridge (Assmt)
(Item # 36 CCP Sep 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 83
CHERRY - HICKORY INC.
REQUEST HEARING ON OBJECTION
TO ASSESSMENT 344 GENESEE STREET
(ITEM NO. 60, C.C.P., OCTOBER 29, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 84
Objection To Assessment/344 Genesee (Assmt)
(Item # 19 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
Objection To Assessment/344 Genesee (CC)
(Item # 40 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
FORGIVENESS FOR DEMOLITION COST OF 848 BROADWAY
STREET, REAR COTTAGE, IN REFERENCE TO
C.C.P. NO. 63, "REPORT OF BIDS,
EMERGENCY DEMOLITION WITHIN THE CITY OF BUFFALO"
(ITEM NO. 129, C.C.P., OCTOBER 15, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins now moved;
That the Commissioner of Inspection and Community Revitalization and the
Commissioner of Assessment he and hereby are authorized to abate all demolition
costs and accrued interest thereon with respect to the rear cottage of 848
Broadway; and
That said Commissioners he and hereby are further authorized to take all
necessary procedures to amend the appropriate assessment rolls and discharge
the demolition lien against 848 Broadway.
PASSED.
AYES- 13 NOES- 0.
No. 87
Forgive Demolition Costs/848 Broadway (CC)
(Item # 41 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 88
WAIVER OF PERFORMANCE BOND REQUIREMENT FOR
CONTINENTAL TRANSMISSION CENTER FOR
REPAIR AND REPLACEMENT OF
AUTOMOTIVE TRANSMISSIONS FOR CITY VEHICLES
(ITEM NO. 55, C.C.P., NOVEMBER 26, 1991)
That the Commissioner of General Services be and he hereby is
granted permission to waive the performance bond requirement for Continental
Transmission Center for repair and replacement of automotive transmissions for
city vehicles.
PASSED.
AYES- ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 8.
NOES- AMOS, COLLINS, PERLA, PITTS, ZUCHLEWSKI- 5.
No. 89
Autumn Industries/Kingsley Park Remediation information (EMC)
(Item # 101 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Hurd Matter//Letter To Governor ( A & F)
(Item # 45 CCP Oct 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
PERMISSION TO INSTALL CITY OF BUFFALO
TWO WAY RADIO IN PRIVATE VEHICLE
(ITEM NO. 31, C.C.P. NOVEMBER 26, 1991)
That the Commissioner of Public Works be and he hereby is granted
permission to install a City of Buffalo two-way radio in the vehicle of Ronald
A. Carnevale, Director of Water.
PASSED.
AYES- 13 NOES- 0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 92
ERIE COUNTY INDUSTRIAL, OWNER AND RICH PRODUCTS,
PETITIONER, PETITION TO USE
1200 NIAGARA STREET FOR A WALL SIGN
(ITEM NO. 78, C.C.P. NOV. 26, 1991)
That the petition of Erie County Industrial, Owner, and Rich Products,
petitioner requesting to use 1200 Niagara Street for a non-illuminated wall
sign be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 93
S. FRISICARO, OWNER, HUI HUYNH, PETITION TO USE
1096-1098 ELMWOOD FOR SIT-IN RESTAURANT
ITEM NO. 79, C.C.P., NOV. 26, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the petition of S. Frisicaro, owner, and Hui Huynh, agent to use
1096-1098 Elmwood for a sit-in restaurant subject to the following conditions:
1. Owner is to keep the sidewalk free of debris, litter, snow and ice.
2. No use permit will be issued until housing and property code violations
are corrected. This will include interior and exterior inspections and will
include any residential units at this address.
3. No alcoholic beverages without the approval of the
Common Council.
4. Any expansion beyond the current design will need
the approval of the Common Council.
5. The hours of operation will be 11:00 AM until Midnight on weekdays and
11:00 AM until 1:00 AM on weekends. Any change will need the approval of the
Common Council.
6. The owner will arrange for garbage pickup seven (7) days per week. The
refuse will be stored in cans on the side of the building.
PASSED.
AYES- 13 NOES- 0.
No. 94
Liquor License Applications
(Item # 54 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Easements For Payphones At Various Locations (PW)
(Item # 118 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 96
Abandon Portion Of Asbury Alley
(Item # 5 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
REQUEST ORDINANCE AMENDMENT
REQUIRING SEPARATION OF YARD
WASTES FROM GARBAGE
(ITEM NO. 178, C.C.P. OCT. 1, 1991)
That this Common Council requests the Corporation Counsel in consultation
with the Department of Public Works, to draft an ordinance amendment to
regulate the disposal of yard waste in the City of Buffalo which will:
1. Require the citizens of Buffalo to maintain compostable yard waste
separately from non-recyclable "regular" garbage;
2. Follow the lead of Seattle and other cities which provide education on
home composting, including making available home composting units, in order to
lower the city's solid waste costs and enrich the city's soil while encouraging
the environmental empowerment of the citizenry;
3. Require citizens who wish to dispose of compostable yard waste at
curbside to place it out separately from regular garbage in appropriate
packaging;
4. Provide for penalties for violations of this ordinance amendment.
ADOPTED.
No. 98
"Use Of Gate House Law/Nuisance Abate"(Pol)
(Item # 36 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Citizens For Environment/Water Quality
(Item # 61 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
NYSDEC-Update/Lint emissions 300 Northampton
(Item # 17 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12
NOES- FAHEY- 1.
No .101
NYSDEC Laundry 300 Northampton
Item # 124 CCP Nov 12, 1991)
That the above mentioned Item he and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 102
NYS Education Department Opinion//School Board Vacancy
(Item # 43 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
APPOINTMENT OF COMMISSIONER OF
THE DEPARTMENT OF STREET SANITATION
(ITEM NO. 1, C.C.P. , NOV. 26, 1991)
That the appointment, by the Mayor, of Bart Sumbrum, as Commissioner
of the Department of Street Sanitation, be and hereby is confirmed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR, COLLINS- 2.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 104
Hearing
L.D.A. William Street Associates
(Item No. 48, C.C.P., November 26, 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 December 10, 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. Bell Seconded by Mr. Fahey the item is properly before
the Common Council and the hearing be opened.
CARRIED.
Appearances: - David Sengbush - Dept. Community Development
Alan Dewart - Managing Partner
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated William
Street 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 ?(d) of the "General Municipal Law";
and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That William Street Associates 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 a portion of Thruway
Industrial Park - Phase II.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to William Street Associates and/or other legal entity to be formed
in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 105
Hearing
L.D.A. Mulberry Street New Housing Project
(Item No. 50, C.C.P., November 26, 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 December 10, 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. -Bell Seconded by Mr. Pitts the item: is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: - Louis Malucci - Community Revitalization
James Anderson - James Management Co.
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated James Management Co., Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That James Management Co., Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for the Mulberry
Street New Housing Project in the Community Wide Urban Renewal Homestead
Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 106
Hearing
L.D.A. Stadium Heights New Housing Project
(Item No. 51, C.C.P., November 26, 1991)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above it: has been set for a public hearing before the Common Council at
its regularly scheduled meeting on December 10, 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. Bell Seconded by Mrs. Lotempio the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: - Louis Malucci - Community Revitalization
Paul Cleary - BBC Developer
Mark Morrano - Morrano/ Mark Equity
Dennis Penman - M. J. Peterson Development
Steve Jacobs - Paul Development
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
CATV
HON. GEORGE K. ARTHUR
CHAIRMAN
No. 107
A. Costello//Studio space For Public Access
(Item # 132 CCP Sep 4,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
PAPB/Property Available/TCI Specs. -Public Access
(Item # 109 CCP Nov 27, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Available City Prop. For Public Access Center (Compt)
(Item # 25 CCP Dec 11, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Buffalo Academy Performing Arts//Public Access Center
(Item # 99 CCP Dec 11, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Designate Channel For Education & Government Use
(Item # 201 CCP Nov 27, 1991)
That the above mentioned Item he and the same is hereby received
and filed.
ADOPTED.
No. 112
B. Rowe/Education Access On Cable
(Item # 80 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Final Inventory//Sunship Contract (Compt)
(Item # 19 CCP May 8,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Public Access Equipment Inventory (Compt)
(Item # 18 CCP Jul 3,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Status CATV/Sunship Equipment (GS)
(Item # 67 CCP Jul 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
TCI-Rate Increases Effective 1/1/91
(Item # 68 CCP Nov 13,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
TCI Reasons For Rate Increase
(Item # 76 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
TCI- 1990 Local Operation Highlights
(Item # 113 CCP Apr 16,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
TCI- 1990 Cable Industry Highlights
(Item # 114 CCP Apr 16, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
TCI - Change For The Better
(Item # 81 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
TCI- Test Evaluation Report
(Item # 81 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
R. Langendorfer-Objection To info. For Cable Discount
(Item # 99 CCP May 14, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
PAPB-Refranchising Of CATV
(Item # 80 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
TCI-Franchise Renewal
(Item # 92 CCP Jul 9,1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
PAPB- TCI Refranchising
(Item # 86 CCP Oct 1, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
PAPB-Recommendation For Cable Refranchising
(Item #69 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
B. Springer-Refranchising Procedure
(Item # 89 CCP Oct l, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
T. Conrad-Cable Franchise Renewal Process
(Item # 81 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Cable Franchise Renewal Comments (Mayor)
(Item # 3 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Authorize CATV Committee To Negotiate Franchise Agreement
(Item # 152 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Request Audit By State Cable Commission
(Item # 139 CCP Jun 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
BCAM (BCT) Neg. w/TCI-Public Access Issues
(Item # 91 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
BCT-Names For Council Appointments
To BCT Board Of Directors
(Item # 78 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
B - CAM REVISED BUDGET 1991-92
Item No. 69, C.C.P., 11/26/91)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Fahey moved:
That the B-CAM revised budget 1991-92 as contained in the above item be
and hereby is approved, amended as follows:
The revised amount for Publicity Outreach, Account #3025, is increased to
$2,925 and Travel, Account #3030, is decreased to $975.00.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 135
BY MR. AMOS
Abandonment and Sale of Portion of Seattle St.
WHEREAS: Seattle Street is a paper Street running in an east-west
direction directly behind the Kenmore-Englewood Plaza, located at 392-400
Kenmore; and
WHEREAS: This area has been a problem with regards to City upkeep (i.e.
lengthy weeds & grass, rodent complaints, illegal dumping); and
WHEREAS: The owners of the Plaza have expressed a desire to purchase the
portion of Seattle Street directly behind the Plaza;
NOW, THEREFORE BE IT RESOLVED:
That this Honorable Body request the Corporation Counsel and the City
Comptroller to prepare all documents necessary for the abandonment and sale of
this portion of Seattle Street and;
BE IT FURTHER RESOLVED:
That this Honorable Body authorizes the Comptroller to negotiate a sale of this
portion of Seattle Street and report the results to this Body.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE, CITY PLANNING BOARD,
THE COMMISSIONER OF COMMUNITY DEVELOPMENT, THE COMPTROLLER, THE CORPORATION
COUNSEL AND THE UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT ASSOCIATION.
No. 136
BY: MR. BAKOS
DEMOLITION COSTS : CROSSWALK BRIDGE
1740 BAILEY AVENUE : WILDROOT BUILDING
WHEREAS, C.C.P., Item No. 75 of October 3, 1989, directed that
the cost of $15,700.00 for demolition work performed at 1740 Bailey Avenue be
charged to the Special Assessment Fund and that said cost shall be collected
from the owner or person in possession of the premises and/or shall be assessed
against the property benefitted in accordance with Chapter XI, Article 7 of the
Charter of the City of Buffalo, and
WHEREAS, the City Assessor properly followed the procedure authorized
pursuant to said Item by levying the demolition assessment plus interest
against the then owner of record, Awesome Abe's Auto Parts and Body Shops,
Inc., and against the property at 1740 Bailey Avenue, and
WHEREAS, the true intent of this Common Council was to collect the cost
of the demolition assessment solely and exclusively from said Awesome Abe's
Auto Parts and Body Shop, Inc., but not by assessing the demolition costs or
placing a lien against the property at 1740 Bailey Avenue, and
WHEREAS, through inadvertence or some other irregularity, the true intent
of this Common Council was not accurately and correctly expressed in said Item
No. 75.
NOW, THEREFORE, BE IT RESOLVED:
That Item No. 75, C.C.P., October 3, 1989, is hereby amended in part, to
read that the cost of the demolition of the crosswalk bridge, plus any interest
having accrued thereon, shall be collected from the owner of record at the time
of said demolition, Awesome Abe's Auto Parts and Body Shop, Inc., and shall not
be assessed against the property at 1740 Bailey Avenue nor any subsequent owner
thereof.
AND BE IT FURTHER RESOLVED:
That the Commissioner of Assessment be and hereby is requested to take
all necessary actions to amend the appropriate assessment roll and any and all
other relevant records and documents to relieve the property and current owner
of 1740 Bailey Avenue of the demolition lien and any other financial liability
arising from the demolition of the crosswalk bridge, it being the determination
of this Council that the proceedings in ordering said assessment and lien
having been so irregular as to render them illegal and void are hereby
annulled.
REFERRED TO THE COMMITTEE ON FlNANCE.
No. 137
BY: Mr. BELL
Establish City-Wide Citizens/
Police Advisory Board
WHEREAS: The report of the International Association of Chiefs
of Police (IACP) recommended the establishment of a city-wide citizens advisory
board to "establish a bond of mutual trust and cooperation between the police
and the public"; and
WHEREAS: The Advisory Board would serve several purposes: familiarize
citizens with their police department and all aspects of crime prevention;
educate citizens about their responsibility to help preserve the law and social
order; promote consistent, humane, equal treatment of all citizens by the
police in all practices and enforcement: ingrain police officers with a concept
of public service that stresses both courtesy and efficiency as a means of
achieving good community relations; and
WHEREAS: The IACP report suggests that the advisory board be comprised of
members of precinct community councils, representatives of the Police
Commissioner's office, the Police Community Service Officer, and community
leaders; and
WHEREAS: The Mayor and the Common Council should each play a role in
appointing the membership of such a board; and
WHEREAS: Meetings should be conducted regularly, at least one per month, and
a report should be issued and filed with the Mayor, the Common Council, the
Police Department, and disseminated to the local media;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests the Corporation Counsel to draft an amendment
to Chapter 6 of the Ordinances of the City of Buffalo to create a City-Wide
Citizens/Police Advisory Board which shall follow the outline attached.
REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL THE
COMMISSIONER OF POLICE AND THE POLICE BENEVOLENT ASSOCIATION.
No. 138
BY: MESSRS. BELL AND COPPOLA
REQUEST LAW DEPARTMENT TO
DRAFT ANNUAL WATER
STATEMENT ORDINANCE AMENDMENT
WHEREAS: There is currently a great deal of concern about the quality
of the drinking water furnished by the city of Buffalo; and
WHEREAS: This concern is centered primarily on the issues of taste and odor
but it also ranges into the issues of toxic contamination and public health and
safety as evidenced by local sales of bottled drinking water and water filters;
and
WHEREAS: To date the City of Buffalo has no regular mechanism for
communicating with the citizenry about water quality and in the absence of
communication, misinformation can flourish; and
WHEREAS: Other jurisdictions in New York State have adopted Annual Water
Supply Statement legislation under which informative annual bill inserts or
separate brochures are mailed out to water consumers each year; and
WHEREAS: Among the issues which can be successfully addressed in an annual
water statement are: the aesthetic qualities (taste and odor) of the water; the
potential for toxic chemicals and other contaminants such as Lead or
Trihalomethanes to be present in the water; the results of state or federally
mandated water quality tests; the condition of the source of the drinking
water; the treatment the water receives; the impact of the zebra mussels; and
water rate issues; and
WHEREAS: One clear benefit of structured communication with the public on
water issues will be increased awareness of the importance of conservation of
water and this awareness should translate into savings for the City when less
water needs to be processed and pumped;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Corporation Counsel to draft an
amendment to section 189 of Article 10 of the City Charter requiring the
Director of the Division of Water to prepare and mail out to all water
customers an Annual Water Supply Statement which presents information on the
quality of Buffalo's drinking water in a clear and concise form; and
BE IT FURTHER RESOLVED THAT:
The Statement include, as a minimum, a review of the results of state or
federally mandated tests of the City's drinking water.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 139
BY: MR. COLLINS
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND
DIVISION OF DEVELOPMENT
DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,090,000 be and the same is hereby transferred from various accounts in
Capital Projects Fund - Division of Development and said sum is hereby
reappropriated as set forth below:
FROM:
200 Capital Projects Fund
71-7 Division of Development
063 - Construction of University Heights
Community Center $1,090,000
TO:
200 Capital Projects Fund
40-2 - Division of Buildings
518 - Construction of University Heights
Community Center $1,090,000
PASSED.
AYES- 13 NOES- 0.
No. 140
BY: MR. COLLINS
REVIEW OF SCHOOL BOARD REAPPORTIONMENT
WHEREAS: The Buffalo Board of Education passed a new reapportionment
plan on June 12, 1991; and
WHEREAS: This plan was approved by the Board of Education without public
hearings being held; and
WHEREAS: State Education Law Article 52 Section 2553B states that a public
hearing shall be held before a vote is taken on a new redistricting plan; and
WHEREAS; The lack of a public hearing is just one in a series of flaws in
the way in which the Buffalo Board of Education approved its new redistricting
plan; and
WHEREAS: The lack of public input has caused a plan fashioned in a secret
process that diminishes the voting strength of Blacks and Hispanics; and
WHEREAS: The disenfranchising of elements of our city cannot and will not be
tolerated;
NOW, THEREFORE BE IT RESOLVED:
That this Council requests that the Buffalo Board of Education rescind its
illegal action of June 12, 1991 that redraws the boundaries of Buffalo School
Districts; and
BE IT FURTHER RESOLVED:
That the State Education Department review the redistricting processes followed
by the Buffalo Board of Education and order the action of June 12, 1991 null
and void; and
BE IT FURTHER RESOLVED:
That the State Education Department oversee a fair and legal treatment of a new
redistricting plan for the Buffalo Public School System; and
BE IT FINALLY RESOLVED:
That the City Clerk be requested to send a certified copy of this resolution to
the State Education Department and the Buffalo Board of Education.
Mr. Collins moved to refer said item to the Committee on Legislation; seconded
by Mr. Coppola.
LOST
AYES- ARTHUR, BELL, COLLINS, COPPOLA, PITTS, ZUCHLEWSKI- 6.
NOES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA- 7.
A FURTHER VOTE WAS NOT TAKEN THUS THE ITEM IS DEEMED RECEIVED AND FILED.
No. 141
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 511-68.1 -
HAMLIN PARK OVERLAY REVIEW DISTRICT
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection D. of Section 511-68.1 of Chapter 511 of the Code of the
City of Buffalo, be amended to read as follows:
511-68.1. Hamlin Park Overlay Review District.
A. The Hamlin Park Area, as hereinafter specified, shall be an Overlay
Review District.
B. Limits. The Hamlin Park Overlay Review District shall comprise the
following area: all properties within the area bounded on the north by the
center line of Kensington Avenue, on the northeast by the centerline of
Humboldt Parkway, on the south by the centerline of East Utica Street, on the
west by the centerline of Jefferson Avenue, and on the northwest by the
centerline of Main Street.
C. Legislative Intent. The Common Council finds that the present zoning
regulations are too permissive and inflexible to properly control development
in the Hamlin Park area. The Council further finds that such development
seriously threatens the residential character and ambience of the Hamlin Park
area by increasing population densities, noise levels, traffic congestion and
parking problems. The types of uses held to be desirable within the Hamlin Park
area include lower density residential uses, which provide adequate off street
parking, as well as neighborhood related businesses and services.
D. Restricted Uses.
(1) Any of the uses which presently are permitted under Zoning district
regulations of this chapter of the Code of the City of Buffalo or which may be
established or extended pursuant to said chapter shall be permitted uses in the
Hamlin Park Overlay Review District, but only upon the issuance of a restricted
use permit as permitted in subsection E of this section. [The issuance of a
permit for improvements amounting to five thousand dollars ($5,000) or less and
for the maintenance or repair of properties in conformance with the regulations
of the zoning district in which they are located shall be exempt from review.]
The issuance of a permit for improvements, maintenance and repairs in the
amount of five thousand dollars ($5,000) or less for properties outside the
boundaries of the Canisius College campus proper in conformance with the
regulations of the zoning district in which they are located shall be exempt
from review. The issuance of a permit for improvements, maintenance and
repairs in the amount of ten thousand dollars ($10,000) or less for buildings
and or structures within the boundaries of the Canisius College campus proper
in conformance with the regulations of the zoning district in which they are
located shall be exempt from review.
(2) The following listed uses shall be exempt from the review required in
this section:
(a) Internal modifications of property where no change of use is
required.
(b) Any action needed to comply with requirement of the law.
E. Restricted Use Permit. Any person seeking to establish or extend a use
restricted by subsection D of this section shall file an application for a
restricted use permit as provided by 511-55 of this chapter.
APPROVED AS TO FORM
R. Peter Morrow, III
Acting Corporation Counsel
NOTE: Matter underlined is new; matter in brackets [ ] to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION, CANISIUS COLLEGE AND HAMLIN PARK
ASSOCIATION.
No. 142
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 amended 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] October l, 1991.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinances 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- 13 NOES- 0.
No. 143
BY: MR. FAHEY
Proposed Plan to Preserve Credit Rating
WHEREAS: The City of Buffalo, for various reasons, has a projected
budget deficit of approximately $11.7 million for fiscal 1991-92; and
WHEREAS: Because of this projected shortfall, Standard and Poors has changed
its outlook on Buffalo's general obligation bonds from "stable" to "negative";
and
WHEREAS: A "negative" rating would be devastating to the financial stability
of the city, as it would result in a downgrading of the city's credit rating
and could result in a loss of the city's ability to enter the market for both
short and long term borrowing. Every aspect of city business, ranging from
meeting weekly payroll to planning for capital projects would be adversely
impacted; and
WHEREAS: To re-establish a "stable" rating and maintain the city's BBB+
status, a joint effort by all branches of city government to adopt a plan to
address this mid-year budget crisis is necessary; and
WHEREAS: Ongoing negotiations among city officials have resulted in a plan
of action including the following components:
Revenue enhancement $2.00 million-amnesty for PVB violations
$1.0 million-PVB enforcement
$1.09 million-1/2% increase-utility tax
.75 million-admissions tax (@$.50)
.125 million-increase fees & permits
4.965 million
Reduction of expenditures: 3.1 million-vacancy control
1.3 million-reserve for retirees
1.595 million-1% departmental cuts
.75 million-eliminate convention ctr. subsidy
6.745
Grand total $11.71 million
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council formally endorses and adopts the aforementioned plan
of action, resulting in a net adjustment of $11.71 million, in order to address
and resolve the projected budgetary imbalance for fiscal year 1991-92.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 144
BY: MESSRS. FAHEY AND HIGGINS
Exclude 79 Perry/49 Illinois from Crossroads Arena Site
WHEREAS: This Common Council voted to designate the "Crossroads
Site" as the preferred location for the development of a new arena; and
WHEREAS: Although an itemized list of parcels to be included in the
"Crossroads Site" has not yet been developed, the parcels commonly referred to
as 79 Perry/49 Illinois are not currently incorporated into the General Site
Designation and, accordingly to project administrators, are not targeted for
inclusion in plans for site acquisition for arena development; and
WHEREAS: 79 Perry/49 Illinois are owned by the McKendry family and are
linked by a parking lot at 51 Illinois which is leased by the McKendry family.
Family owned businesses on the site include the Peerless Mill Supply Co.,
Niagara Insulations, Inc., Buffalo Wholesale Supply Co., and Great Lakes
Repository. Collectively, these businesses employ 102 people and had combined
sales of $12.5 million in 1990; and
WHEREAS: It is in the best interest of all concerned to insure that the
ongoing activities at 79 Perry/49 Illinois not be displaced.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council affirms its support of a General Site Designation for
the new arena which excludes the properties commonly known as 79 Perry Street
and 49 and 51 Illinois Street.
REFERRED TO THE TASK FORCE - AUDITORIUM-STADIUM AND BUFFALO DEVELOPMENT
COMPANIES.
No. 145
BY: MESSRS. HIGGINS AND ZUCHLEWSKI
APPOINTMENTS TO FUNDING FORMULA REVIEW PANEL
WHEREAS: The Commission on QuaIity Education, established by this
Common Council, issued its final report on January 6, 1991; and
WHEREAS: The Commission recommended the following phased approach loading to
fiscal independence for the Buffalo Public Schools: 1. A negotiated five year
agreement between the City Administration, Board of Education and the Common
Council dedicating a specific percentage of local property tax revenues
exclusively for educational purposes. 2. The agreement would include a
provision that if fiscal independence is not achieved by the end of the five
year period, the agreement would then convert to a division of the
constitutional taxing limit of 26 of full value between the Board of Education
and the City, thus giving the Board limited taxing authority; and
WHEREAS: Any implementation of a phased approach leading to fiscal
independence for the Buffalo Public School System requires the involvement and
agreement of the Mayor, Board of Education, and the Common Council; and
WHEREAS: A nine member panel, composed of three representatives of the
Mayor, three members of the Common Council, and three members of the Buffalo
Board of Education, has been proposed to review, discuss and recommend a plan
to implement a funding formula for educational purposes; and
WHEREAS: The Buffalo Board of Education appointed three members to serve on
this panel (C.C.P. May 28, 1991 173).
NOW, THEREFORE BE IT RESOLVED:
This Common Council supports the formation of a panel to review, discuss and
recommend a plan to implement a funding formula; and
BE IT FURTHER RESOLVED:
That this Common Council hereby appoints: Council Member Dale Zuchlewski, North
District Council Member Brian Higgins, South District, and one to be announced
to represent the Council in this matter; and
BE IT FURTHER RESOLVED:
That this Common Council requests the Mayor appoint three representatives to
complete the panel and begin the discussions.
ADOPTED.
No. 146
BY: MESSRS. HIGGINS AND FAHEY
MEMORIALIZATION IN SUPPORT
OF ASSEMBLY BILL
A3845-A - TOXIC CHEMICAL
RELEASE INVENTORY ACT
WHEREAS: The Federal Toxic Release Inventory (TRI), which was implemented
as part of the Community-Right-to-Know Act of 1986 has been an important tool
for citizens and local governments to find out about the release of toxic
chemicals in their communities; and
WHEREAS: Nonetheless, the TRI process contains significant loopholes which
weaken its usefulness and it could be improved considerably to the benefit of
the environment and public health; and
WHEREAS: The New York State Assembly is currently considering "The
Multi-Media Toxic Chemical Release Inventory Act" which is designed to close
loopholes by requiring the direct measurement of releases, the identification
of the date and amount of a release, and other steps which taken together would
strengthen the usefulness of the Toxic Release Inventory as it applies to New
York State; and
WHEREAS: In addition, this act would give the NYSDEC investigative powers
which would allow them to verify the validity of industry reported release data
which currently is not substantiated by an independent source ; and
WHEREAS: Passage of this Act would be an important step toward keeping toxic
release data in a form which makes it useful for studying the impact of toxic
chemicals on the health and well being of New York's residents;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council urges the passage of A3845-A and urges the Senate to
develop matching legislation; and
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send certified copies of this resolution to the
Clerk of the Assembly, the Secretary of the Senate and the members of the
Western New York Legislative Delegation
ADOPTED.
No. 147
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 - YDA-DACC Narcotic Control Program" is hereby amended by
adding thereto:
1 Deputy Director of
Substance Abuse Services $37,719 - 40,492
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the creation of one (l)
Deputy Director of Substance Abuse Services position is necessary for the
proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 148
BY: MR. PITTS
SET HEARING
WATERFRONT REDEVELOPMENT PROJECT NYR-35 PROPOSED MAJOR PLAN CHANGE PARCEL 21
WHEREAS, the Urban Renewal Plan for the Waterfront Redevelopment
Project NYR - 35 was duly approved by the Common Council on October 22, 1963,
C.C.P. No. 2, and subsequently amended; and
WHEREAS, it is requested that approximately 15,040 sq. ft. be removed from
disposition parcel 21 for Community Business District use and designated as
parcel 21A; and
WHEREAS, the balance of parcel 21 (84,684 sq. ft. is to remain for public park
and/or walkway, and
WHEREAS, the City Planning Board, after the required public hearing have
approved the proposed modification; and
WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General
Municipal Law require that the proposed major modification of the Urban Renewal
Plan may be approved only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto
and marked "Notice of Hearing" in the Buffalo Evening News and the City Record,
no later than the 28th of Dec., 1991.
2. That this Common Council will conduct a Public Hearing on the matters stated
in said "Notice of Hearing" at 2:00 P.M., in the Council Chambers on January 7,
1991.
ADOPTED.
No. 149
BY: MR. PITTS
Appointment of Dr. Thomas Mang to the Buffalo Pest
Management Board
WHEREAS: This Common Council has the power to appoint six members
to the Buffalo Pest Management Board and Mr. Jay Burney, who was one of the
Council's original appointees, has recently resigned, leaving a vacancy on the
Board; and
WHEREAS: The purpose of the Board is to carry out "the declared policy of
this city to employ pest control strategies which are the least hazardous to
human health and the environment and adopt pest management programs and
strategies which place first priority on the prevention of pest problems, and
uses chemical pesticides and chemical pest control as tools of the last resort"
(City Code, Chapter 6, Article VII, Section 6-39); and
WHEREAS: In carrying out this policy medical expertise is important to the
Board because the protection of human health is one of the ultimate goals of
the City's policy; and
WHEREAS: Dr. Thomas Mang, Ph. D., a cancer research scientist and the
Director of the Photodynamic Therapy Center at the Roswell Park Memorial
Institute, would make an excellent appointee to the Board because of his
knowledge of cancer issues and his access to health related data: and
WHEREAS: Dr. Hang has already begun making valuable contributions to the
Board through his attendance and participation at Board meetings and his
participation in the Board's Elm Beetle Subcommittee; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council, as provided for in Section 6-41 of Article VII of Chapter
6, hereby appoints Dr. Thomas Mang to serve the duration of Mr. Burney's term
which runs until May 22 of 1992.
ADOPTED.
No. 150
BY: MR. PITTS
KEEPING FEDERAL BUREAU OF INVESTIGATION OFFICES IN DOWNTOWN BUFFALO
WHEREAS: The General Services Administration has issued a request
for proposals to entertain the development of a minimum of 60,000 square feet
of new office space. The R.F.P.'s are due by December 20, 1991; and
WHEREAS: The F.B.I. is presently housed in the Federal Office Building at
111 Huron Street in Downtown Buffalo. The effort to find new office space
might lead to the Bureau's relocation outside the City; and
WHEREAS: In 1990 the Internal Revenue Service went through a similar process
and was finally relocated outside the City of Buffalo. This resulted in the
disinvestment of key office utilization Downtown and the subsequent loss of
employees who would normally contribute to the economy of Downtown Buffalo; and
WHEREAS: The current F.B.I. R.F.P. stipulates that its new regional center
should accommodate between 32,000 to 39,000 square feet of office space and a
minimum of 23,000 square feet of indoor secured parking; and
WHEREAS: As was similar in the Internal Revenue Services' relocation, it is
important to emphasize and demonstrate strong support for the General Services
Administration to consider solely proposals for the Downtown Buffalo area.
There are numerous prospective sites which would be suitable; and
WHEREAS: There seems to be a pattern of the Federal Government's insistence
to disinvest in the City of Buffalo's Downtown area;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council of the City of Buffalo supports the relocation of the
F.B.I. Regional Center to the Downtown Buffalo area bounded generally by High
Street, Michigan Avenue, Seneca Street and Elmwood Avenue; and
BE IT FURTHER RESOLVED:
That the Common Council requests the General Services Administration to
consider only proposals that are submitted for the F.B.I. relocation in the
Downtown area; and
BE IT FURTHER RESOLVED:
That the Common Council requests the State of New York and Western New York
Congressional Delegation to endorse this resolution; and
BE IT FINALLY RESOLVED:
That the City Clerk be requested to forward certified copies of this resolution
to the General Services Administration, New York State Legislature and the
Western New York Congressional Delegation.
ADOPTED.
No. 151
BY: MR. ZUCHLEWSKI
COMMEMORATE PEARL HARBOR ANNIVERSARY
WHEREAS: On December 7, 1941 Japanese bombers launched an attack
on Pearl Harbor, an offensive that took more than 1,000 American lives and
started what became known as World War II; and
WHEREAS: The "Day of Infamy" was the beginning of one of the most
destructive and turbulent periods in world history, one which threatened
freedom and liberty around the globe; and
WHEREAS: The Western New York area, which was later ranked the third most
vital potential enemy target in America, was already playing an important role
in preparing this nation for the conflict; and
WHEREAS: Residents of this region not only helped produce many of the goods
and munitions needed for the war effort, but many also fought in the various
theaters of operation, and many made the ultimate sacrifice; and
WHEREAS: The heroic and selfless service of countless Buffalonians and
Western New Yorkers played a crucial role in the ultimate victory of the United
States and the Allied forces;
NOW, THEREFORE BE IT RESOLVED:
On the occasion of the 50th anniversary of the invasion of Pearl Harbor, this
Common Council pay solemn tribute to the men and women who gave so much of
themselves so that future generations could enjoy peace and freedom; and
BE IT FURTHER RESOLVED:
That this Honorable Body adjourn this day in memory of all the men and women
whose lives were lost at Pearl Harbor and throughout World War II, and with the
sincere hope that the world will never experience such a destructive global
conflict again.
ADOPTED.
No. 152
BY: MR. ZUCHLEWSKI
Open Meetings Law
WHEREAS: Article 7 - Open Meetings Law of the New York State Public
Officers Law sets forth the guidelines under which meetings of a public body
must be conducted; and
WHEREAS: The Legislative declaration of the Open Meetings Law states that it
is essential that public business be performed in an open and public manner in
order that citizens be fully aware and informed of the actions of public
servants; and
WHEREAS: This Council has recently conducted a number of sessions to deal
with a mid-year budgetary imbalance; and
WHEREAS: Accessibility by the public has not been a component of these
sessions; and
WHEREAS: Budgetary matters are a governmental function which impact on all
segments of the public; and
WHEREAS: Meetings of this Council pertaining to the budget should be open to
the public; and
WHEREAS: As responsible public officials, we should do all in our power to
insure that the objectives of the Open Meetings Law be met.
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council affirms its belief in the provisions of the Open
Meetings Law; and
BE IT FURTHER RESOLVED:
That this Honorable Body pledges to conduct all appropriate meetings in a forum
accessible to the public.
ADOPTED.
No. 153
BY: MR. ZUCHLEWSKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for City Honors Girls Volleyball Team
By Councilmember Fahey
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 154
BY: MR. 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:
Susan E. Harlos
Lisa Marie Lundy
Stephanie McAllister
Damaris Santana
Brenda Watford
TOTAL - 5.
ADOPTED.
UNFINISHED BUSINESS
No. 155
BOND RES. - $400,000 - PURCHASE FIRE LADDER
(ITEM NO. 124, C.C.P., NOVEMBER 26, 1991)
Mr. Fahey moved that Item No. 124, C.C.P., November 26, 1991,
be taken from the table. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0.
No. 156
BOND RES. - $2,200,000 - RECONSTRUCT JEFFERSON AVENUE
(ITEM NO. 126, C.C.P., NOVEMBER 26, 1991)
Mr. Fahey moved that It: No. 126, C.C.P., November 26, 1991, be
taken from the table. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved that the above item be approved. Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0.
No. 157
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 17, 1991 9:30 AM
FINANCE Tuesday, DEC 17, 1991
Immediately Following Civil Service
LEGISLATION Tuesday, DEC 17, 1991 2:00 PM
ECONOMIC DEV. Wednesday, DEC 18, 1991, 10:00 AM
ANCILLARY COMMITTEES
POLICE REORGANIZATION
Wednesday, DEC 11, 1991 8:00 AM Rm 1417
No. 158
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Pitts, , the council
adjourned at 3:45 PM.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.