HomeMy WebLinkAbout92-0204
No. 3
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 4, 1992
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, Alfred T. Coppola, Eugene M. Fahey,
Carl A. Perla, Jr. Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Archie L. Amos, David Franczyk,
Rosemarie LoTempio, Carl A. Perla, Jr., Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David Collins, David A. Franczyk,
Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman,
Clifford Bell, Eugene M. Fahey, David A. Franczyk,
Brian M. Higgins, Carl A. PerIa, Jr., 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., Brian M.
Higgins, Rosemarie Lotempio, Carl A. Perla, Jr.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV
: Hon. Dale Zuchlewski, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Hon. James W. Pitts
SPECIAL COMMITTEE- COMMUNITY DEVELOPMENT
: David A. Collins, Chairman
DOWNTOWN STADIUM OPERATOR
: Alfred T. Coppola, Chairman, David A. Franczyk,
David A. Collins, Archie L. Amos, Jr.
SPECIAL COMMITTEE ON RECODIFICATION:
Rosemarie LoTempio, Chairman, Clifford
Bell, 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, February 4, 1992
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 January 21, 1992, were approved
FROM THE MAYOR
No. 1
1992- 93 RECOMMENDED BUDGET - PILOT FIELD
I hereby submit to Your Honorable Body my 1992-93 fiscal year
recommended budget for the Pilot Field Enterprise Fund. Pursuant to Local Law
and Section 295.9(c) of the City Charter, this recommendation is due on or
before February 1st of each year. Pilot Field operates on an April 1 - March
31 fiscal year. The rest of the City's operations use a July 1 - June 30
fiscal year.
The 1992-93 Pilot Field budget I recommend today totals $4,317,253
consisting of $1,587,920 for operating costs and $2,729,393 for debt service
requirements. The Enterprise Fund budget format includes the City revenues and
expense for the operating and debt service components in order to reflect the
total cost of the enterprise fund and to comply with generally accepted
accounting principles (GAAP).
The operating budget of $1,587,920 once again does not require any
subsidy from the City general fund. This operating budget is supported in its
entirety by revenues generated from stadium operations and naming rights. The
largest increase in the 1992-93 budget is the $100,000 that has been included
for replacement of the infield and outfield turf at the end of the 1992 season.
Funds are available for this from the Reserve for Replacements account. This
was established by allocating the operating surpluses from the two prior fiscal
years to be used for capital improvements to the facility pursuant to the
agreement with the City of Buffalo, the State of New York and the Erie County
Industrial Development Agency.
The debt service costs of $2,729,333 will require $791,610 of City funds,
in 1992-93. This is a decrease of $91,935 from the 1991-92 contribution.
The budget I am recommending today will fund the operations of Pilot
Field's fifth baseball season. The stadium's principal tenant, the Buffalo
Bisons broke their own minor league attendance record in 1991, drawing nearly
1.3 million fans to downtown Buffalo. Attendance has exceeded 1.1 million
people in each of its first four seasons. The Bisons and the City look forward
to another successful season in 1992.
I am requesting Your Honorably Body to approve the budget I am submitting
today.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 2
Galvan Developers Inc. - Request
to rezone 434-478 Edison.
Item No. 92, C.C.P., January 21, 1992.
The City Planning Board at its regular meeting held Tuesday, January
28, 1992, considered the above petition pursuant to Section 511-126 of the
Buffalo Code.
The Planning Board voted to receive and file the request since the
applicant informed the Board in writing that he wished to withdraw the rezoning
petition.
RECEIVED AND FILED.
No. 3
Manufacturers Hanover Trust -to place an illuminated projecting sign at 410
Main St..
Item No. 93, C.C.P., January 21, 1992.
The City Planning Board at its regular meeting held Tuesday, January
28, 1992, considered the above request pursuant to Section 511-63 of the
Buffalo Code, Sign Regulations in the Downtown Zoning Area.
The applicant seeks to place an illuminated, wall, identification sign
with its face measuring 2 feet 2 inches by 14 feet and two end components
bearing the applicant's logo. (It should be noted that the applicant for the
sign is the Rochester Community Savings Bank and that the sign will be located
at 420 Main Street.) The ends of the sign measure 18 inches from the building
face and 26 inches in height. Consequently, the proposed sign encroaches in
the right-of-way by 18 inches and, by virtue of the logos on the end panels of
the sign box, is a projecting sign.
Under the Buffalo Code, projecting signs in this part of the Downtown
Opportunity Zone must be approved by Your Honorable Body through the issuance
of a restricted use permit. Furthermore, exceptions to sign regulation in the
Downtown Zone must also be reviewed by the Planning Board's Advisory
Subcommittee. Lastly, under S.E.Q.R., the proposed sign is considered a Type
II action which does not require further environmental review.
The Planning Board voted to approve the application on the condition that
the Advisory Subcommittee approves the proposed sign.
RECEIVED AND FILED.
No. 4
Linreal Corporation - Request to place an illuminated accessory ground sign at
1263 Delaware Ave..
Item No. 94, C.C.P., January 21, 1992.
The City Planning Board at its regular meeting held Tuesday, January
28, 1992, considered the above request pursuant to Section 387-19 of the
Buffalo Code, Review of Ground Signs.
The applicant seeks to place an illuminated ground sign measuring 5 feet
6 inches by 11 feet, or 60 112 square feet in area.
The site is located in an R4 zone which permits only signs which are
attached flush against a building and do not exceed 12 square feet in area.
Consequently, the applicant must seek approval from the Zoning Board of
Appeals, as well as Your Honorable Body. Under S.E.Q.R., the proposed sign is
considered a Type II action which does not require further environmental
review.
Objections over the size of the sign were raised by the Board and the
applicant agreed to place a smaller sign (one measuring 3 feet by 7 feet, or 21
square feet in area). The Board then considered the number of ground signs
which have been allowed in the area and the need to identify the subject
property (The Brylin Hospital).
Given these salients, the Planning Board voted to approve the sign on the
condition that it be no greater than 21 square feet in area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
Norfolk & Southern - Request to
place an illuminated 4'x4' ground sign
at 27 Owahn St..
Item No. 95, C.C.P., January 21, 1992.
The City Planning Board at its regular meeting held Tuesday, January
28, 1992, considered the above request pursuant to Section 387-19 of the
Buffalo Code, Review of Ground Signs.
The applicant seeks to place a 4 foot by 4 foot (16 square feet)
illuminated accessory ground sign to identify the agency and yard office of the
Norfolk and Southern Railroad.
The site is located in an R2 zone which prohibits such signs. (It should
be noted that the yard office building is located in an M2 zone which permits
such uses while its accessory parking is located substantially in an R2 zone.
Consequently, the applicant must seek approvals from the Zoning Board of
Appeals as well as from Your Honorable Body. Under S.E.Q.R., the proposed sign
is considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the sign as presented.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
FROM THE BOARD OF PARKING
No. 6
Change Order No. 1
Eagle Parking Structure
Contract No. 91599800
H&M Plumbing & Mechanical Cont.
TC 107
l herewith submit to your Honorable Body the following change in
contract for the construction of the Eagle Parking Ramp with the H&M Plumbing &
Mechanical Co
1. Bulletin "A" Revisions $ 0.00
2. Manager's Office Slab $108.00
3. Switchgear Enclosure $ 0.00
4. Sloped Roof Revisions $ 0.00
5. Hot Water Tank Support $141.00
6. Elevator Sump Pump $992.35
7. Hose Bib at Managers $144.00
Total $1,385.35
Original Contract Amount 40,496.00
Amount of Change Order No.1 1,385.35
Revised Contract Amount 41,881.35
These changes could not be seen at the time the contract was bid. Costs have
been reviewed by both the Architect and Construction Manager and found to be
fair and equitable. These are the final contract close out changes.
I recommend to your Honorable Body to authorize the Director of Parking to
issue a Change Order to the Contractor as set forth above.
Funds for this work are available in Bond Fund 415-410-005-00-000.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF PARKING.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 7
FREE USE OF MEMORIAL AUDITORIUM TO THE ISMAILIA TEMPLE TO PRESENT THE "SHRINE
CIRCUS"
FOR 9 PERFORMANCES
The Board of Stadium and Auditorium once again has received a
request (see attached letter) from the Ismailia Temple for free use of Memorial
Auditorium from February 20, through and including February 23, 1992 to present
the "Shrine Circus" for nine (9) performances.
The Ismailia Temple brings into Memorial Auditorium approximately 40,000
children from the Buffalo area free of charge. Generally these are children
who would not be able to afford a ticket to see the Circus. The Shrine Circus
is a charitable and non-profit organization. Many thousands of people donate
their time and efforts to this cause to raise much needed funds to support the
worthwhile efforts of the Shriner's hospitals.
The Ismailia Temple has also requested that the City's share of concessions
also be donated to their organization. Under the lease agreement with the
Niagara Frontier Hockey Corporation, the City of Buffalo receives quarterly
lump sum payments that include concessions from hockey and non-hockey, as well
as game admissions, advertising, novelities, etc. It would be impossible for
us to determine what the City's share of concessions would be, therefore
impossible to comply with this request. Due to the removal and replacement of
the ice surface to accommodate this event, the Ismailia Temple has been asked
to bear the expense of this operation in the amount of $3,500.00.
The Shrine has agreed to supply the necessary certificate of insurance and to
provide necessary security and to comply with New York State Health Code
regarding emergency medical staffing.
The Board of Stadium and Auditorium recommends that your Honorable Body approve
the free use of Memorial Auditorium to the Ismailia Temple from February 20,
through and including February 23, 1992 for their presentation of the "Shrine
Circus".
Mr. Fahey moved:
That the communication from the Chairman of Stadium and Auditorium dated
January 21, 1992 be received and filed; and
That the Ismailia Temple be and hereby is granted permission for the free
use of Memorial Auditorium from February 20, 1992 through and including
February 23, 1992 for their presentation of the "Shrine Circus."
PASSED.
AYES - 13 NOES - 0.
FROM THE BUFFALO PRESERVATION BOARD
No. 8
NFTA - Request to Install
Illuminated Pole Signs in City Right-of-Way
Item No. 42, C.C.P., 10/1/91
Item No. 19, C.C.P., 12/23/91
At its regular meeting January 9, 1992, the Buffalo Preservation
Board requested that the attached correspondence be filed as background
information for the above-referenced items.
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
FROM THE BUFFALO ARTS COMMISSION
No. 9
Petofi Bust Contract
C.C.P. # 2 5/28/91
On May 28, 1991, CCP # 12, Your Honorable Body approved a communication
from the Buffalo Arts Commission which authorized the award of a contract in
the amount of $15,350 for the replacement of a stolen bronze bust of Hungarian
hero Alexander Petofi located in Riverside Park. This approval was subject to
the satisfactory acceptance of terms and conditions initially proposed. The
City Arts Commission had recommended selection of an artist from Hungary,
Zoltan Varga, who had a demonstrated ability to execute a figurative portrait
of Petofi and had come well recommended from the Ancient Hungarian Cultural
Society.
Following this conditional approval from your Honorable Body, contract
negotiations have failed due to a refusal to adhere to the terms originally
proposed and agreed to. Because of inflationary pressures in Hungary and other
mitigating factors, the cost and performance of the proposed contract could not
be met for the sum of $15,350. An additional $6,000-$7,000 was required by the
artist accompanied by further concerns on the part of the Arts Commission over
the potential difficulties of contracting with an artist from a foreign
country.
The Arts Commission has deliberated on this matter at length and cannot
in good faith recommend a contract increase to $21,000+. We have enlisted the
advisory services of leaders in the local Hungarian Community, notably Mrs.
Marianne Litkei Sprague, and are presently presenting an alternative for Your
Honorable Body's consideration.
A second artist, GabrielIa F. Koszorus-Varsa, is hereby recommended for
your consideration and approval. Ms. Koszorus-Varsa is an accomplished
sculptor of Hungarian descent now residing in Washington D.C. The Arts
Commission has throughly reviewed her credentials together with a proposal to
accomplish the aforementioned work for a sum not to exceed $15,000. Ms.
Koszorus-Varsa has been commissioned for a bronze portrait by the Smithsonian
Institution and has an exceptional bust of Lajos Kossuth installed in the
Hungarian Embassy also in Washington. I have attached hereto a letter from the
Ambassador of Hungary as a reference to support our recommendation.
At its regular meeting of January 23, 1992, the Arts Commission
unanimously passed a resolution recommending GabrielIa F. Koszorus-Varsa to
sculpt, cast in bronze, and install a bust of Alexander Petofi at Riverside
Park in the City of Buffalo. Permission to enter into contract for a sum of
$15,000 is respectfully requested. Funding is available in the Capital
Projects Fund for Monument Reconstruction, Bond Fund 200-402-044.
Thank you and I am available to answer any questions.
Mr. Fahey moved:
That the communication from the Executive Director of the Buffalo Arts
Commission dated January 30, 1992 be received and filed; and
That for the reasons stated in the above communication, this Common
Council hereby rescinds its approval authorizing said Executive Director to
enter into a contract with Zoltan Varga for the production and delivery of a
bronze bust of Alexander Petofi, as contained in Item No. 12, C.C.P., May 28,
1991; and
That the Executive Director of the Buffalo Arts Commission be and hereby
is authorized to enter into a contract with GabrielIa F. Koszorus-Varsa to
sculpt, cast in bronze and install a bust of Alexander Petofi at Riverside Park
for the amount of $15,000.00.
PASSED.
AYES - 13 NOES - 0.
No. 10
NFTA's proposed illuminated Pole Signs
At its regular meeting of January 23, 1992 the Buffalo Arts Commission
conducted a preliminary review of the NFTA's proposed illuminated Pole Signs
with Mr. Robert Kryta, staff architect for the NFTA. As promised, we are
reporting these initial findings to Your Honorable Body herewith:
Upon inspection of the architectural drawings presented to the Commission
and discussion with Mr. Kryta, installation of these signs:
1. would unnecessarily contritute to the visual clutter of the streetscape
2. are proximate to expensive, carefully sited artwork which takes
precedence
and
3. given the performance criteria for NFTA station signage, it is abundantly
clear that alternative design concepts have been unexplored.
The collective aesthetic judgement of Commission members found the
proposed design unacceptable.
The Arts Commission will endeavor to work out a compromise solution with
the NFTA and will report our further recommendations to Your Honorable Body.
In the meantime, it is respectfully requested that the matter remain on the
table in the Council's Legislation Committee. Thank you.
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
FROM THE EMERGENCY MEDICAL SERVICES BOARD
No. 11
Granting City-Wide operations to LaSalle Ambulance
Please find attached the response of the Buffalo Emergency Medical
Services Board to resolution # 60. (C.C.P. January 7, 1992, "Request Report
from Ambulance Board - Granting of City-Wide Operations to LaSalle and Future
Plans")
REFERRED TO THE COMMITTEE ON LEGlSLATlON.
FROM THE COMPTROLLER
No. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
DIVISION OF REAL ESTATE
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 $20,000 be transferred and reappropriated from various accounts
in Appropriation Allotments - Division of Real Estate, 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, JANUARY 21, 1992
RECEIVED AND FILED.
No. 13
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS
RESERVED FUND BALANCE
DEPARTMENT OF FIRE
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to section 41 of the Charter, that an increase in
the sum of $16,000 in the estimates for the fiscal year 'beginning July l, 1991
is necessary in Appropriation Allotments -Department of Fire to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-050 -
Fund Balance Reserve for Capital Budget Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
DATED: BUFFALO, NEW YORK, JANUARY 27, 1992
RECEIVED AND FILED.
No. 14
Results of Negotiations
24 Boone Street
West 99.68' S of S. Park Avenue
Vacant Land: 30.93' x 154' NL
Assessed Valuation: $1,600
Item # 18 C.C.P. 10/1/91
In the above referenced item your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Edith Doherty and Charles Rambino, 1365 South Park Avenue, Buffalo, New
York. They would like to purchase this property which adjoins their property
in order to expand their business.
An independent appraisal of the property was conducted by Thomas E.
Cataudella, Pirritano Appraisals, 745 Center Road, W. Seneca, New York 14224.
He has estimated the fair market value of the subject property to be Twelve
Hundred Dollars ($1,200). This represents about Thirty-Nine Dollars ($39) a
front foot. The Division of Real Estate concurs the appraiser's estimate of
value.
The results of our negotiations are that Mrs. Edith. Doherty and Mr.
Charles Rambino have agreed and are prepared to pay Twelve Hundred Dollars
($1,200) for the subject property. The purchasers have also agreed to pay for
the cost for the appraisal, transfer tax and cost of the legal description.
Therefore, I am recommending that your Honorable Body approve the sale of
24 Boone Street to Mrs. Edith Doherty and Mr. Charles A. Rambino in the amount
of Twelve Hundred Dollars ($1,200). I am further recommending that your
Honorable Body authorize the Mayor to execute a deed for the transfer of the
property.
Mr. Fahey moved:
That the above communication from the Comptroller, dated January 16,
1992, be received and filed; and
That the offer of Edith Doherty and Charles Rambino, residing at 1365
South Park Avenue, Buffalo, New York, in the sum of Twelve Hundred ($1200.00)
Dollars to purchase: 24 Boone Street. Buffalo, New York, be and hereby is
accepted; and
That the appraisal report, requested by the City, and transfer tax, and
cost of 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. 15
Transfer/Sell Piper Street to Tops Markets, Inc.
Item # 166, C.C.P. 4/16/91
In the above captioned item your Honorable Body authorized the
office of the Comptroller, Division of Real Estate to negotiate a sale for the
abandoned portion of Piper Street to Tops Market, and that as a condition of
said abandonment and sale Tops Market, Inc. grant to the City of Buffalo a ten
foot wide (10') easement along the south and east property lines of Piper
Street right-of-way for public use and the Scajaquada Path Way Phase B Project.
Your Honorable later rescinded the required easement, Item # 145, C.C.P.
9/17/91, and authorized the discontinuance of the 8" water main in Piper
Street, provided that Tops Market pays for the disconnection and removal of
same, Item # 35, C.C.P. 6/11/91.
Tops Market, Inc, petitioned Supreme Court for the appointment of two
appraisers to estimate the City's interest in the property. An order was
granted by Justice Joseph D. Mintz to appoint Richard A. Bronstein and Frank A.
Pirritano to appraise and establish the fair market value of the Piper Street
property. The report of the appraisers has been filed with the Clerk of Erie
County in accordance with established municipal law. The fair market value of
the property has been estimated at Five Thousand Dollars ($5,000).
The results of our negotiations are that Tops Markets, Inc. has agreed
and is prepared to pay Five Thousand Dollars ($5,000) for the abandoned portion
of Piper Street and convey a parcel, 5' wide by 120' along Amherst Street, to
the City of Buffalo. The description (Parcel B), is attached and made a part
of this communication. They have also agreed to pay for all costs associated
with the two appraisals, court costs, transfer tax, legal description, and
costs involved with the disconnecting and removal of the water lines.
Therefore, I am recommending that your Honorable Body authorize the
transfer of the abandoned portion of Piper Street to Tops Markets, Inc., 60
Dingens Street, P.O. Box 1027, Buffalo, New York 14240 in the amount of Five
Thousand Dollars, ($5,000). I am further recommending that your Honorable Body
authorize the Mayor to execute the deed for the transfer of the property. I am
attaching a description of the portion of Piper Street to be sold, (Exhibit A).
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 16
Proposed Utility Tax Rate Increase
According to the 1991-92 adopted budget for the City of Buffalo,
$13.1 million of revenue is anticipated based on the current 3% utility tax
rate.
If the utility tax rate is increased to 4%, a potential of an additional
$4.36 million may be realized or a total of $17.46 million if budgetary
projections hold true.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 27, 1992 in the Department
of Audit & Control, Division of Accounting, Richard J. Whitcomb 669 McKinley
Pkwy. Buffalo, NY 14220, to the position of Associate Accountant, Permanent at
the starting salary of $31,678.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 18
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 29, 1992 in the Department
of Audit & Control, Division of Accounting Louis M. Biondi 279 Summit Ave.
Buffalo, NY 14214, to the position of Associate Accountant, Permanent
Contingent at the starting salary of $31,678.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 19
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 30, 1992 in the Department
of Audit & Control, Division of Accounting, Charles E. McSwain 401 Starin Ave.
Buffalo, NY 14216 to the position of Associate Accountant, Permanent Contingent
at the starting salary of $31,678.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 20
CORRECTED CERTIFICATE OF APPOINTMENT
Appointment to become effective November 15, 1990, in the Department
of Audit & Control, Bridget M. Carpino 214 Lovering Ave. Buffalo, New York
14216 to the position of Paralegal Assistant, Permanent at the starting salary
of $27,277.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 21
Base User Fees on Assd. Val.
Item No. 213, C.C.P. 01-21-92
This department has an Assessment Data Base whereby assessed valuation,
front footage, property type, and property classification can be utilized to
develop a formula to implement user fees in the event Your Honorable Body
chooses to do so. However, I would suggest that a legal opinion be requested
of the Law Department to determine the legality of any such "user fee."
In addition, if Your Honorable Body chooses to implement any such fee or
charge that is intended to appear on the City's tax bill as a separate item,
the Division of Data Processing should be given sufficient lead time to develop
a new tax bill. City tax bills are now laser printed by computers in Data
Processing. Therefore, notification of any proposed changes to the existing tax
bill format should be made to Data Processing on a timely basis.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 23, 1992 in the Department
of Assessment, Cynthia L. Walczak 68 Hilton Street Buffalo, NY 14212 to the
position of Senior Tax Clerk, Provisional at the starting salary of $22,309.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Bond Cancellation 205 Allen Street
It is hereby certified that the bond described below be canceled:
Principal: Allendale Theater Preservation Corp.
Surety: Fidelity and Deposit Company of Maryland
Amount: $5,000.00
Dated: June 16, 1985
Structure: Vault and two coal hole&
Location: 205 Allen Street
This bond is no longer required due to the fact that the property is now owned
by the City of Buffalo. The above captioned bond should be deemed released and
cancelled as to future liability in accordance with the provisions of the City
of Buffalo Ordinances.
RECEIVED AND FlLED.
No. 24
Ken - Engle Association -Abandon part of Seattle Street
Item 56 C.C.P. 12/10/91
The above captioned item was referred to the Department of Public
Works for our review and recommendation.
The easterly portion of Seattle Street (a paper street) extends westerly
from Englewood Avenue to a dead end at the former Erie Railroad right-of-way.
Closing the portion behind the Valu Plaza would leave the remainder of Seattle
Street landlocked. Presently the Kenmore Englewood Association is requesting
the abandonment of that portion of Seattle Street behind their plaza at 392-400
Kenmore Avenue. If either, or both of these proposed abandonments are approved,
serious consideration should be given to the abandonment of that entire portion
of Seattle Street between Englewood Avenue and the former railroad
right-of-way. The portion of Seattle Street in question contains a combination
sewer and a 6 inch water main. If any portion of Seattle Street is abandoned,
acceptable permanent easements must be provided for these utilities.
Our investigation indicates that there are several privately owned
properties fronting on that portion of Seattle Street which is proposed to be
closed. In order to abandon the street, approval must be obtained from all
abutting property owners.
The City of Buffalo does not have fee title to Seattle Street. Dedication
of Seattle Street as a public street is by virtue of the filing of the
subdivision maps in the Erie County Clerks Office in map covers 399, 442 and
984. Therefore, if the proposed abandonment of Seattle Street is approved by
Your Honorable Body it should become effective upon the filing of the deed
conveying the property to the new owner from the City of Buffalo.
RECEIVED AND FILED.
No. 25
Emergency Repairs to Asphalt Paver
Correction to O&M Funding Account Number
Item # 35 C.C.P.. 01-21-92
This is to advise Your Honorable Body that in reference to the
above Item, the funding Account Number was incorrectly reported as O&M Account
#100-401-015-00-423
The corrected Account Number should read: 0- Account #100-401-015-00-523
RECEIVED AND FILED.
No. 26
Notification Serial # 8219
STOP
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an its business.
That that part of Subdivision 9A of Section 11 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: STOP
VEHICLES ON SHALL STOP BEFORE DING
Georgia Street Prospect Avenue
Notification Serial # 8220
STOP
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
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: STOP
VEHICLES ON SHALL STOP BEFORE DING
Richmond Avenue Bird Avenue
Notification Serial # 8221
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD OF PERMISSIVE PKG
Woodbridge Avenue both sides EFFECT DAILY EXCEPT SUNDAY
between bin Street and Beard 2 Hrs only 7am-7pm
Avenue
Notification Serial # 8222
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
Woodbridge Avenue both sides NORTH SIDE SOUTH SIDE
between Main Street and Beard Mon, Tue, Wed Thur, Fri
Avenue 9am- 4pm 9am- 4pm
Notification Serial # 8223
HANDICAPPED 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 26A of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: HANDICAPPED PARKING
HANDICAP PKG LOCATION PERIOD OF HANDICAP PKG
Lombard Street west side Daily
starting at a point 50' south
of Broadway and continuing 60'
south there from
Notification Serial # 8224
HANDICAPPED 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 26A of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
following: HANDICAPPED PARKING
HANDICAP PKG. LOCATION PERIOD OF HANDICAP PKG
Lobbard Street west side Daily
starting at a point 220' south
of Broadway and continuing 285'
south there from
RECEIVED AND FILED.
No. 27
Solicitation of Funds Federation for the Future of New York
Attached is an application for Solcitatation of Funds for the
Federation for the Future of New York to solicit funds in the Buffalo area for
the month of February 1992. In accordance with Chapter 316, Article VI of the
City of Buffalo Ordinances, I hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
IWS Contract For East Side Transfer Station
I have received an offer from Integrated Waste Systems (IWS) that
would provide a $400,000 reduction in the cost to the City for the current
fiscal year for the IWS contract at the East Side Transfer Station in exchange
for the City exercising its option to extend the current contract, due to
expire June 30, 1993, through June 30, 1998. This $400,000 savings would be a
major portion of the $875,000 departmental savings component included in Your
Honorable Body's resolution as solving the current fiscal year budget
'imbalance.
IWS has also offered, upon approval of the extension of the five year
contract, to defer $400,000 of costs in the 1992-93 fiscal year with the
understanding the City would agree to pay this deferred amount with interest on
a monthly surcharge over the duration of the renewed five year contract.
I would also propose that IWS reduce its current $1,500,000 fixed cost
for managing the transfer station to a per ton amount based on 1990-91 tonnage.
This would allow for a reduction in costs as the tonnage of garbage is reduced
because of increased recycling activity.
In the 3 1/2 years that IWS has been under contract with the City they
have done a very good Job, and if this were the final year of the contract, I
would recommend we exercise the five year renewal. Therefore, in light of the
fact that they are offering $400,000 or a $2-$3 per ton reduction for this
year, I think that this appears to be in the City's best interest.
I hereby request Your Honorable Body's approval to extend the current IWS
contract through June 30, 1998 and to negotiate with IWS for a reduction in the
fixed fee for managing the transfer station to a fee relative to the tonnage of
garbage brought to the transfer station.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 29
REPORT OF BIDS
CONTRACT NO. 18
WATER FILTRATION PLANT
CLEARWELL DISINFECTION AND CLEANING
As authorized by your Honorable Body in Item No. 41 of Common
Council Proceeding of May 28, 1991, plans and specifications were prepared and
sealed proposals accepted for Contract No. 18, Water Filtration Plant,
Clearwell Disinfection and Cleaning.
I submit the following report of all bids received which were opened in
my office at 11:00 am. on January 22, 1992:
Emark Industries, Inc.
5-3566 Benzing Road
Orchard Park, New York 14127 $195,564.00
Commercial Diving Services, Inc.
PO Box 360568
Columbus, Ohio 43236 $228,314.00
D.A. Elia Construction Corporation
176 Vulcan Street
Buffalo, New York 14207 $297,875.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Emark Industries, Inc., 5-3566 Benzing Road, Orchard
Park, New York is the lowest responsible bidder for Contract No. 18, Water
Filtration Plant, Clearwell Disinfection and Cleaning with their quotation of
$195,564.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Emark Industries,
Inc. for the above work in the amount of $195,564.00 and that same be charged
to the Division of Water's Capital Projects Fund. Bonds for this project will
be sold in the February, 1992 bond sale.
The Engineer's estimate for this work was $250,000.00.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
January 28, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Contract No. 18, Water Filtration Plant, Clearwell
Disinfection and Cleaning to Emark Industries, Inc., 5-3566 Benzing Road,
Orchard Park, New York, 14127, the lowest responsible bidder in the amount of
$195,564.00, with said cost to be charged against the Division of Water's
Capital Projects Fund.
PASSED.
AYES - 13 NOES - 0.
No. 30
BIDS- Repairs to Asphalt Compaction -Roller E-57
This is to advise Your Honorable Body that I have asked for and
received formal bids on September 12, 1991 for the repairs to the Division of
Engineering Asphalt Compaction Roller, Vehicle # E-57, a 1982 Bomag. Model #
63Bl3F.
In obtaining bids for the above repairs, I have asked for bids based on a
hourly labor charge (22 hours average) and a unit price material cost to cover
the replacement of the damaged drive unit.
The following bids were received:
LABOR MATERIAL TOTAL
Donnelly Diesel Service, Inc $41/Hr $8,293. 82 9,195.82 (low)
Gateway Equipment, Corp $45/Hr. $8,300.00 $ 9,290.00
Syracuse Supply $52/Hr $8,400.00 $ 9,390.00
Nuttal Equipment - $20,000.00 L.S.
I hereby certify that the lowest responsible bidder for the above
equipment repair is Donnelly Diesel Service, Inc, the cost thereof to be
charged to O&M account #100-401-015-00-523, in an amount of $9,195.82.
This communication is for informational purposes only.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
January 29, 1992 be and hereby is received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
award a contract for repairs to the Division of Engineering, Asphalt Compaction
Roller to Donnelly Diesel Service Inc., the lowest responsible bidder in the
amount of $9,195.82, with said cost to be charged to O & M Account #
100-401-015-00-523.
PASSED.
AYES - 13 NOES - 0.
No. 31
Change in Contract - Change Order # 1
Jefferson Avenue-Phase II-Gr. # 324
Contract # 91636100
Destro & Brothers Concrete Company, Inc.
Item No. 42, C.C.P. 5/28/91
I hereby submit to your Honorable Body the following contract
unit price additions to the contract.
1. In conjunction with this project the Department of Public Works has been
requested to install a traffic signal at Timon Street and Best Street.
ITEM NO. DESCRIPTION CONTRACT ESTIMATED COST
UNIT PRICE QUANTITY
02.110 Unclassified Excavation $8.00 200 cu.yd. $ 1,600
03.21A Subbase Course-Type A- 18.00 50 cu.yd. 900
Full Depth Asphalt
03. 21C Subbase Course-Type C-Sidewalk 24.00 25 cu.yd. 600
04.120 Asphalt Concrete-Modified Fine 33.50 20 ton
670
Top
403.11 Asphalt Concrete-Base Course 29.00 60 ton 1,740
403.13 Asphalt Concrete-Binder Course 30.00 20 ton
600
05.204 Concrete Sidewalk & Approaches-4" 1.95 1500 sq.ft. 2,925
05.412 Sawing Concrete-Walk 2" 2.00 40 I.f.
80
08502.5014 Sawcut Asphalt Pvmt.,Conc. 3.50 150 I.f.
525
Pvmt. Overlay
613.0101 Topsoil 25.00 5 cu.yd. 125
645.2550 Traffic Sign 12"x 18", with Post 140.00 2 each 280
and Foundation
645.2552 Traffic Sign 12" x 18" Post 57.00 2 each 114
Mounted
05645.60 Street Name Sign - Aluminum 209.00 1 each 209
05645.62 Secondary Street Name Sign 68.00 1 each 68
647.01 Removal of Signs-Size A 17.00 10 each 170
(O to 10 SF)
07.104 Granite Curb - 4" 18.00 60 I.f. 1,080
07. 104R Granite Curb-4"-Radius 20.00 120 I.f. 2,400
08.210 Corrugated Poly. Underdrain Pipe 3.50 180 I.f.
630
11.110 Seeding and Fertilizer 0.15 400 s.f.
60
12.410 White Preformed Reflectorize Pvmt. 1.50 560 I.f.
840
Stripes
05206.0305 Conduit Exc. / Backfill (In Pvt.) 18.70 180 I.f.
3,366
05206.0306 Conduit Exc. / Backfill (Not in 6.75 100 I.f.
675
Pvt.)
12.250 Maintain Traffic Signal Equipment 132.00 9 Int.Mo. 1,188
680.5001 Pole Excavation and Concrete 550.00 6.4 cu.yd. 3,520
Foundation
680.5050 Remove Pole Foundation 64.00 12 I.f. 768
680.510201 Pullbox-Circular, Reinf.Conc. 374.00 5 each 1,870
18" Diam.
680.510301 Pullbox-Circular, Reinf.Conc., 514.00 1 each 514
24" Diam.
680.520203 Conduit-Flexible, Liquid Tight 4.30 50 I.f.
215
Steel - 1"
680.520506 Conduit-Rigid Plastic, Cl. 1-2" 3.30 300 I.f.
990
680.520508 Conduit-Rigid Plastic, Cl. 1-3" 4.30 10 I.f.
43
680.54 Inductance Loop Installation 7.00 250 I.f. 1,750
680.621822 Signal Pole, Mast Arm, 18" Mtg. 1,760.00 4 each 7,040
Height, 22' Arm
680.700606 Riser Assembly 2" Diam. 133.00 1 each 133
680.71 Shielded Lead-in Cable 1.15 300 I.f. 345
680.72 Inductance Loop Wire $1.00 600 I.f. $600
680.730314 Signal Cable, 3 Conductor, 1.30 300 I.f. 390
14 AWG
680.730714 Signal Cable, 7 Conductor, 2.20 450 I.f. 990
14 AWG
680.790004 Remove Traffic Signal 550.00 1 each 550
Installation, Loc. 4
05680. Solid State Modular Controller 8,466.00 1 each 8,466
801042 Assy. 2 Phase,STA,NEMA
680.8103 Traffic Signal Section, 8" 115.50 24 each 2,772
680.8111 Traffic Signal Bracket 211.00 8 each 1,688
Assembly - 1 Way
680.8225 Pedestrian Pushbutton and Sign 110.00 4 each 440
(W/OPost)
15680.8305 Dual Channel Shelf Mounted 438.00 1 each 438
Loop Detector With Output Detector
15680. Service Cable, 2 Conductor, 8 AWG 2.60 50 I.f.
130
950208
TOTAL COST $54,497
Contract Summary
Original Contract Amount $1,155,344.00
Change Order # 1 $ 54,497.00
TOTAL $1,209,841.00
Funds for this additional work ($54,497) will be available when Bonds are sold.
This work will require an extension of time of 30 working days. The second low
bidder for this contract was DiPizio Construction Company, Inc., in the base
bid amount of $1,175,868.80.
I respectfully certify that this change order is fair and equitable for the
work involved and respectfully request that your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to Destro & Brothers Concrete Company, Inc.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
January 29, 1992 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 Destro & Brothers Concrete Company, Inc. in the amount
of $54,497.00 for additional work under Contract #91636100 for work relating to
Jefferson Avenue-Phase II-Gr. #324.
PASSED.
AYES - 13 NOES - 0.
No. 32
Reduction in Retention - South Park - Gr. 315
Colgate to Dorrance - Contract #91607000
Collana Brothers Construction Co., Inc.
Item No. 33, C.C.P. 4/2/91
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject project
This project is virtually complete with the exception of signs, striping,
and landscaping. The contractor was prevented from completing these items due
to the onset of winter.
Therefore, I am requesting your Honorable Body's authorization to reduce
the retention on this contract by $60,000. It is the opinion of our Consulting
Engineer and this Department that the retention proposed is sufficient to
guarantee completion of this contract in the Spring of 1992.
It is respectfully requested and I hereby recommend that your Honorable
Body authorize a reduction in retention from $130,483.02 to $70,483.02 to
Collana Brothers Construction Company, Inc
Mr. Fahey moved:
That the communication from the Department of Public Works, dated January
24, .1992, be received and filed; and
That the Commissioner of Public Works be, and hereby is, granted a
request for a reduction in retention for South Park Group 315, Colgate to
Dorrance, Contract #91607000 to Collana Brothers Construction Co., Inc., from
$130,483.02 to $70,483.02.
PASSED.
AYES - 13 NOES - 0.
No. 33
Install awning at 946 Hertel Ave.
Mr. Jesse Kohler of Kohler Awning Inc. acting as agent for Mr.
Richard Maraldo, owner of the property located at 946 Hertel Avenue, has
requested permission to install an awning which would encroach city right of
way at said address.
The proposed awning would measure .11 feet- in length. 3 feet 6 inches in
height. and project 2 feet 2 inches from the building face into City right of
way.
The Department of Public Works has reviewed Mr. Kohler's application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "mere License" for said installation
provided the following conditions are met:
1. That the application to obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works. Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction;
maintenance, use and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 34
1356 Kensington
Install Awning
Mr. Jesse Kohler of Kohler Awning Inc., acting as agent for Esther
Diniszkiewicz. owner of the property located at 1336 Kensington Avenue, has
requested permission to install an awning which would encroach city right of
way at said address.
The proposed awning would measure 26 feet in length, 6 feet in height.
and project 4 feet from the building face into city right of way.
The Department of Public Works has reviewed "Mr. Kohlers application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond which will) indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction;
maintenance, use and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 35
"Request Reports-Arena Roller Rink"
# 59 C.C.P. January 7, 1992
This is in response to your request of January 8, 1992 regarding
the above resolution. We have received applications from Arena Roller Skating
Center for the following licenses:
Restaurant
Music
Certificate of Inspection for Public Assembly
Skating Rink
Restaurant/Dance
I received information that they were in operation and on December 31,
1991, I contacted Brian Ferraro who is the operator of this facility and
advised him that he must cease and desist immediately due to the fact that
there were no licenses issued for this facility. I am enclosing a copy of the
letter sent to Mr. Ferraro.
REFERRED TO THE COMMlTTEE ON LEGISLATION.
No. 36
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 20, 1992 in the Department
of Public Works, Division of Water, Susan J. Finnerty 157 Parkview Avenue
Buffalo, New York 14210, to the position of Account Clerk-Typist, Permanent at
the starting salary of: $20,572
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 37
CERTIFICATE OF APPOINTMENT
Appointment to become effective January 20, 1992, in the Department
of Public Works, Division of Water, Paul J. Bugman 52 Stevenson St. Buffalo, NY
14220, to the position of Heavy Equipment Operator, Temporary at the starting
salary of $22,025.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 38
AUTHORITY TO DRAW SPECIFICATIONS AND ADVERTISE FOR SEALED PROPOSALS FOR A
CONCESSION AT BENNETT' BEACH AND FOOT OF ONTARIO STREET
Authorization of Your Honorable Body is hereby requested to proceed
with the preparation of specifications and to advertise for sealed proposals
for the operation of a small craft concession at Bennett Beach and a food
concession at the Foot of Ontario Street beginning with the 1992 season.
Mr. Fahey moved:
That the communication from the Department of Parks, dated January 28,
1992, be received and filed; and
That the Commissioner of Parks be, and hereby is authorized to advertise
for sealed proposals for a concession at Bennett Beach and the Foot of Ontario
Street beginning with the 1992 season.
PASSED.
AYES - 13 NOES - 0.
No. 39
CERTIFICATE OF APPOINTMENT
Appointment to become effective 1/20/92, in the Department of
Parks, Colleen Sumbrum 31 Cheltenham Dr., Buffalo 14216, to the position of
Laborer II, Permanent at the starting salary of $9.16 hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 40
Info- Salary Ordinance Amendment
In response to questions posed at the Civil Service Committee
Meeting held on January 28, 1992, in reference to the elimination of the Senior
Clerk's position and Superintendent of Police Vehicle Maintenance's position to
establish that of Computer Programmer, please be advised as follows:
(1) Regarding the question as to whether there is a current list and the
question as to what union the employee would be covered under, please be
advised that there is a current Civil Service List with four (4) names listed
on it (a copy of which can be obtained from Civil Service). This is a current
job title which is covered by AFSCME Local #650. We have no intention of
requesting a change in the unit covering this position.
(2) In reference to the question as to who would be assuming the duties of
the of the Superintendent of Police Vehicle Maintenance, please be aware that
we already have a Motor Equipment Management Supervisor and in addition, the
Police Garage has a police lieutenant assigned there whose responsibilities
include making sure that our Police Department fleet is properly maintained.
The day-to-day supervision of employees assigned to the Police Garage is more
than adequately covered by the positions we currently have.
If you require any further information, please do not hesitate to contact my
office.
Thank you for your attention to this matter.
RECEIVED AND FILED.
No. 41
Info- Renewal COMBAT Grant Program Award (1992-1993)
Item # 47, C.C.P. 01/21/92
We are responding to a letter from the Council Staff dated January
22, 1992, regarding our Department's request for the Council's permission for
the Mayor to enter into our 1992-1993 renewal COMBAT Grant Program. Please be
advised that included in our initial request to the City Clerk for presentation
to the Council, was a brief summary of the renewal grant program and in
addition, we also sent a copy of the actual proposed agreement.
Also, please be advised that I and/or members of my staff would be happy to
meet with members of the Finance Committee at their next regularly scheduled
meeting to discuss the proposal in greater detail.
Please feel free to contact my office if additional information is required
and/or you require our attendance at the February 11, 1992 Finance Committee
Meeting.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 42
Opinion re: Impact Negotiations Over Implementation of One-Man Police Cars and
Precinct Consolidation
Item # 18 C.C.P. 1/7/92
This is further to our opinion regarding one-man police cars (18
C.C.P. January 7, 1992). We are in receipt of a communication from your
Honorable Body, dated January 10, 1992, asking us to define the term "impact of
the change" as used in paragraph 4 of our opinion at 18 C.C.P. January 7, 1992.
The term "impact negotiation" is a term of art as used in public sector
labor law. Basically, decisions made by public employers fall into four
categories: those which are mandatory subjects of negotiation with the union,
those which are non-mandatory subjects of negotiation, those which are
prohibited subjects of negotiation, and those which require impact negotiation.
Section 204(2) of the Taylor Law requires public employers to negotiate
over terms and conditions of employment. What constitutes a "term and
condition of employment" is defined largely by the case law which has arisen
over the some 25 years of history under the Taylor Law. Matters such as salary,
hours of work, shifts, holidays, vacations, leaves, insurance benefits,
longevity pay, grievance and arbitration procedures, sick leave, layoff and
recall procedures, work rules, and evaluation procedures, are well-settled as
mandatory subjects of negotiations, but this list is not exhaustive. If either
party refuses to discuss a mandatory subject of negotiation, that party is
subject to an Improper Practice charge before The Public Employment Relations
Board (PERB).
Non-mandatory subjects of bargaining are, of course, subjects over which
the employer need not bargain, but may if it wishes. Some examples of
non-mandatory subjects are employer's mission, budget cuts, deployment of
staff, job assignment, manpower, and shift assignment. It is an Improper
Practice for a union to insist on taking non-mandatory subjects to Fact-Finding
or Interest Arbitration.
A few matters have been held to be prohibited subjects of collective
bargaining, either because they contravene a specific statute, or because they
involve a non-delegable responsibility of the public body. Examples are levels
of pension payments or salary parity.
A fourth category involved impact negotiations. There are certain
subjects which are non-mandatory subjects of collective bargaining because they
involve management prerogatives, the essential mission of the employer, or the
level of services to be provided by the employer to the public. In these
cases, the employer may unilaterally implement the decision, but, upon receipt
of a demand to do so, may be required to bargain over the impact of the demand
on the terms and conditions of employment. This concept was first articulated
by PERB in the City School District of the City of New Rochelle, 4 PERB 3060
(1970), and has since become a well-settled principle of public sector labor
law. In City of New Rochelle, the school board had enacted budget cuts which
eliminated approximately 140 jobs, or about 20 percent of the workforce. The
union filed an Improper Practice charge, contending that the school board had
to negotiate the budget cuts. PERB held that the board did not have to
negotiate the budget cuts, because the public employer must be free to decide
the level of services it is to provide, and the manner and means of providing
them, within its budgetary constraints. PERB said:
"Obviously, such a decision does affect 'conditions of employment' for,
if implemented, it will result in the termination of employment of about 140
employees. However, it does not follow that every decision of a public employer
which may affect job security is a mandatory subject of negotiations. We
conclude, for the reasons set forth below, that the decision to curtail
services and eliminate jobs is not a mandatory subject of negotiations,
although the employer is obligated to negotiate on the impact of such decision
on the terms and conditions of employment of the employees affected."
This decision is the origin of the concept of "impact negotiations" in
the public sector in New York, to which we referred in our opinion of January
7, 1992 when we said that the City could unilaterally implement one-man cars
and precinct consolidation, but would have to negotiate over the impact of the
change if requested to do so.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 43
Attorney Fees- Local 282 - Firefighters Arbitration Award
The Acting Director of Labor Relations referred to me your inquiry
concerning our outside legal fees incurred for arbitrations with Local 282.
The following enumerates such fees paid to Flaherty, Cohen, Grande, Randazzo &
Doren since December, 1991:
12/1/91 - 12/31/91 $10,575.00
11/26/91 375.00
10/1/91 - 10/31/91 50.00
7/30/91 - 8/27/91 4,252.00
7/2/91 - 7/29/91 4,535.00
6/1/91- 6/31/91 2,282.00
5/1/91- 5/31/91 7,467.00
4/1/91- 4/26/91 5,250.00
3/4/91- 3/26/91 6,350.00
2/6/91- 2/28/91 2,178.00
9/4/90 - 10/26/90 60.00
6/1/90 - 8/29/90 438.00
3/15/90 - 5/29/90 4, 617.00
1/1/90 - 1/31/90 1,460.00
Total $49,889.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 44
"Cherry-Hickory Request Hearing
Assessment - 344 Genesee Street"
Item No. 60, C.C.P., 10/29/91
You have requested additional information with respect to the
above. Following are the questions you have posed and the answers thereto:
Who is the contractor for this demolition project? Vernon Walton d/b/a
Unique Construction, 333 Genesee Street, Buffalo, New York was the contractor
for the demolition of 346 Genesee Street.
Was a performance bond ever posted? Yes, by New York Surety, 80 Cutter
Mill Road, Great Neck, New York in the penal sum of $5,000.00.
Did the contractor apply for a demolition permit and was a permit
granted? A building permit application was submitted for the demolition of 346
Genesee Street by Vernon Walker and a permit for same was subsequently issued
by the Department of Public Works.
The Law Department is not in possession of any permits or applications
for permits for the demolition of 344 Genesee Street.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 45
Policy For Construction of New Housing Projects
and Selection of Developers
I respectfully defer to Commissioner Schollard on issues raised
in your Resolution as they relate to the affordable new housing construction
program.
RECEIVED AND FILED.
No. 46
WATERFRONT PARCEL 7 WNED PROJECT
As you may be aware, as part of the original deal for the development
of the Hilton Hotel, Buffalo Hotel Development Venture was given an Option of
First Refusal on Parcel 7. While we believe that Mr. Chen is not in a position
to match the WNED offer to buy and develop this parcel, such an Option, if not
waived or released, could be a cloud on title.
To avoid delays in the WNED project, including the possibility of
litigation, I have negotiated, subject to Common Council 'approval of the WNED
L.D.A. and BURA and DDI approval, an agreement with Mr. Chen to obtain such a
waiver and release. A summary of the agreement is attached hereto.
Please note that this agreement will also resolve our outstanding
condemnation litigation with Mr. Chen regarding 32-38 Court Street. Mr. Chen
insisted on this issue, the DDI loan and Court street improvements being
resolved collectively. In all, I believe that his offer is reasonable and
furthers a number of valuable projects.
Due to the pendency of these negotiations and the possibility of
litigation if this agreement is not concluded satisfactorily, I would
appreciate it if you would treat this document in a confidential manner until
the Common council meeting on Tuesday, February 4, 1992 when I will be
available to answer any questions regarding this matter in open session.
(1) BHDV will waive its unconditional Option of First Refusal to purchase
Waterfront redevelopment Project NYR-35 parcel 7 to permit the acquisition of
the parcel by Western New York Public Broadcasting, Inc.
(2) BURA will pay Fifty Thousand Dollars ($50,000.00) by February 28, 1992 to
Court & Pearl Associates. This payment is non-refundable and cannot be applied
to further payments to be made by BURA to Court & pearl Associates, if any.
(3) Development Downtown would approve and enter into a Mortgage Modification
Agreement with Buffalo Hotel Development Venture terming out the balloon
payment in the amount of $ due on August 31, 1992 in monthly installments
after that date of $33,217.16 (the current monthly amount) at an interest rate
of 4% per annum until the balance is paid off (approximately 21 or 22 months).
(4) BURA will use its best efforts to make improvements to Church Street and
Lower Terrace to improve pedestrian access from the downtown core to the
Buffalo Hilton, with particular regard to protection from the weather during
the winter.
(5) Court & Pearl Associates and BURA will execute a stipulation of
Discontinuance regarding settlement of the lawsuit involving the value of the
real property located at Court and Pearl streets by February 28, 1992,
incorporating items 6, 7, 8 and 9 below.
(6) If the GSA designate the Carl paladino Group as developer for an office
building on the land bounded by Franklin street, Court street, Pearl street and
the northern side of the new pearl/Franklin street parking ramp at any time
between now and December 31, 1992, BURA will pay $300,000.00 cash to Court &
Pearl Associates within 30 days of such designation, in addition to $400,000.00
advance payment already paid to Court & Pearl Associates.
(7) If no GSA designation has been made as of December 31, 1992, Court &
Pearl Associates will repurchase the property at 32-38 Court street which BURA
has previously acquired from Court & Pearl Associates for $400,000.00 cash by
January 30, 1993 (if no such designation was made by December 31, 1992. Court &
Pearl Associates will not be required to refund any part of the $50,000.00
payment described in paragraph 2 above.
(8) In the event Court & Pearl Associates repurchase the property at 32-38
Court Street, the parties agree to execute such deeds and easements as may be
necessary to reconfigure the 32-38 Court street property to a
rectangular-shaped parcel having 85 feet of frontage on Court street and 124
feet of frontage on Pearl Street, containing at least 10,500 of buildable land
area excluding any easements and to provide for a 20-foot wide mutual easement
for ingress and egress from Pearl Street to Franklin street alongside the
Robert D. Fernbach Parking Ramp.
(9) In the event Court and Pearl Associates repurchase 32-38 Court street,
the Commissioner of Community Development will file with the Common Council a
statement that due to the lack of demand for new downtown office space, there
will be no necessity for BURA to acquire said property to induce commercial
redevelopment for at least the next five years.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 47
Request Authorization to
Apply for Land and Water
Conservation Fund Grant
The New York State Office of Parks, Recreation and Historic Preservation
(OPRHP) recently announced that it will be accepting 1993 Preliminary
Applications for Municipal Park Projects under the Land and Water Conservation
Fund (LWCF). The OPRHP anticipates having $5 million available for Statewide
acquisition and development projects. The preliminary application deadline is
February 14, 1992.
We intend to apply to the LWCF for the purpose of purchasing a 49.5 acre
parcel, commonly referred to as "Gallagher Beach," from the Niagara Frontier
Transportation Authority. The LWCF grant will be matched by either City Bond
or Community Development Block Grant funds. Upon acquisition, the City will
advance development plans for site in accordance with the City's Local
Waterfront Revitalization Plan.
We therefore request that your Honorable Body authorize the Mayor to
submit a LWCF Preliminary Application to the OPRHP, to enter into and execute
project agreements for financial assistance, and to execute whatever other
documents or take measures which are necessary to effectuate such financial
assistance.
We request your immediate action on this item given the Preliminary
Application deadline.
RECEIVED AND FILED.
No. 48
UDC Commercial Revitalization Program
Item No. 77, 12/23/91
The New York State Urban Development Corporation has announced
that March 31, 1992 is the application deadline for the next round of
"Commercial Revitalization Program" funding. The Commercial Revitalization
Program assists in the revitalization of neighborhood and commercial districts
by providing matching grants for architectural services and reimbursement of
facade improvement costs.
A copy of the Commercial Revitalization Program Information Bulletin and
application are attached.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 49
Increase in Contract
Allstate Maintenance-
King Cultural Center
In March of 1990 the Department of Community Development opened
bids for exterior renovation work at the King Cultural Center. Results of the
bid opening were reported to the Council on June 19, 1990, Item No. 79. This
item gave the Department of Community Development the flexibility to extend the
work to include additional alternatives when additional funds become available.
In May of 1991 Sacred Sites Restoration Corporation received a 1991-92
E.Q.B.A. grant in the amount of $200,000.00 plus an additional $200,000.00 in
City Bond Funds. We advised the Council of this on July 23, 1991, Item No. 65.
We subsequently authorized the contractor to proceed with alternate
numbers 1 and 3. Alternate 1 included the removal and repair of four transept
spires at a cost of ($268,902); and alternate 3 included the reconstruction of
vertical stacks on the north side of the building at a cost of ($99,000.00).
To accommodate this additional work the contracts would be required to be
extended until May 29, 1992. Work including the base contract work and
alternates 1 and 3 would be 100% complete by this date.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated January 30, 1992, be received and filed; and
That the Commissioner of Community Development be, and hereby is
authorized to increase the contract of Allstate Maintenance, for work involving
the exterior renovation of the King Cultural Center by awarding to Allstate
Maintenance Alternate No. 1, removal and repair of four transept spires, at a
cost of $268,902.00 and Alternate No. 3, reconstruction of vertical stacks at a
cost of $99,000.00; and
That the Commissioner of Community Development be and hereby is
authorized to grant an extension of time to Allstate Maintenance to May 23,
1992 in order to complete the work involved in the two alternates.
PASSED.
AYES - 13 NOES - 0.
No. 50
Increase in Contract
C.M. Richardson Architectural
Engineering - Schiller Park
Senior Citizen Center Addition
The Council authorized the Department of Community Development
to obtain the services of C.M. Richardson, Architects, (4/24/90, Item 77), to
provide architectural and engineering services for the Schiller Park Senior
Citizens Center Addition.
Based upon some interior office revisions and electrical distribution
redesigns, the architect has provided additional design services in the amount
of $5,000.00 which are not part of the original contract.
The new contract amount will now be $53,690.25.
Money will be available in Account 200-717-059 for this work.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated January 30, 1992, be received and filed; and
That the Commissioner of Community Development be, and hereby is,
authorized to increase a contract to C.M. Richardson, Architects, in the amount
of $53,690.25 for additional work relating to the Schiller Park Senior Citizens
Center Addition, with said cost to be charged against 200-717-059 Account.
PASSED.
AYES - 13 NOES - 0.
FROM THE COMMISSIONER OF STREETS
No. 51
Monthly local work cutting grass &weeds 1991.
(AMENDED)
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 - $19,600.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
"Snow Removal'
Item #231, C.C.P, dated January 21, 1992
The following is in numerical order in relation to the questions
asked in the above Council Communication
1 Standard everyday operations.
2 11P - 7A shift - 27 men city wide
7A - 3P shift - 87 men 10 districts
3P - 11P shift - 12 men due to excessive traffic during dinner hours
3. Equipment varies per conditions, 3 or 4 pieces of equipment per district.
4. Yes - overtime.
5. Overtime is based city wide, even though some districts may receive more
attention based on severity
6. 57 pieces of snow fighting equipment could be put into service.
Approximately 20 pieces of equipment should be replaced. Our equipment ranges
from 1977 Unimogs to 1990 dump trucks (condition fair)
At no time during this period was there a school closed, business closed or
reported problems with the conditions of streets which created an emergency
condition. In fact the morning reports on local radio stations stated that the
city streets were in good condition.
The overtime worked by the employees is as follows:
Jan. 14 Tues. 320 hrs.
15 Wed. 32 hrs.
16 Thurs. 36 hrs.
17 Fri. 472 hrs.
18 Sat. 378 hrs.
19 Sun. 272 hrs.
20 Mon. 489 hrs. (Holiday)
Paragraph # 6 - Sub-freezing temperatures have caused some problems in the City
of Buffalo.
A. There were no severe problems as stated, if so please note one.
Paragraph # 7 - should have accelerated the operation of his department or
called in other departments.
A. During this time operations were accelerated, and there was no need for
assistance from other departments.
Paragraph # 8 - Many main thoroughfares are still in deplorable condition.
A. This statement has no merit, every main and 95% of the secondaries were
clear and open within 12 hours.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 53
Transfer of Title, Urban Homestead Program
48 Herman Street
Lot Size - 30' x 132'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 48 Herman Street lot size 30' x 132'; and it has
been determined that this parcel of land is inappropriate for neither
construction of new housing nor the construction of public recreation
facilities.
Ruth Williams 50 Herman Street , has indicated that she will clean, improve,
and maintain the lot in the event that she obtain(s) title to the property
under the Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Ruth Williams on the condition that
the property is cleared and improved within six (6) months and the property is
maintained in a sanitary manner for at least thirty-six (36) months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 2, 1992, be received and filed; and
That the City-owned property commonly known as 48 Herman Street, Buffalo,
New York, is hereby designated as Homestead Property, and that the Mayor be,
and he hereby is, authorized to execute a deed transferring said property to
Ruth Williams, 50 Herman Street, Buffalo, New York, the condition the property
is cleared and improved within six (6) months and the property is maintained in
a sanitary manner for at least thirty-six (36) months.
PASSED.
AYES - 13 NOES - 0.
No. 54
Info- Demo Bid 805 Sycamore Street
CCP # 32 dated January 7, 1992
In reference to the Common Council Proceedings #32 dated January
7, 1992 we wish to supply you with the following information.
The demolition contractor for 805 Sycamore Street is Integrated Waste Special
Services. The sub-contractor for the asbestos abatement and disposal is Great
Lakes Abatement Co., Inc., 8 Taylor Drive, Depew, New York 14043. On this
project our contract was with Integrated Waste Special Services, we have no
agreement written or orally with Great Lakes Abatement. Integrated Waste was
charged with all obligations concerning this project.
On May 21, 1991 bids were opened on 805 Sycamore Street. The lowest aggregate
bid of $17,700.00 from Integrated Waste was accepted.
This bid breaks down as follows: $13,200.00 for demolition costs, $4,500.00 for
asbestos removal for a total bid of $17,700.00.
All contractors submitting their proposals on May 21, 1991 were supplied
asbestos surveys on all properties bid on that date. The asbestos survey
provided by our Department stated that the building contained 500 sq. ft. of
asbestos floor tile. When work commenced, we received a communication dated
July 10, 1991 from Integrated Waste Special Services that an additional 1,309
sq. ft. of asbestos floor tile was found in the building. On August 6, 1991
Building Inspector Larry Schiavone met with Brad Benbart of Great Lakes
Abatement Co., Inc. The findings of Mr. Benbart were then field verified. Due,
to the dangerous condition of this building and the many complaints we were
receiving regarding this property, the contractor was told to remove 'the
hazard, abate the asbestos and demolish the building.
The original bid was broken into two different costs - $13,200.00 for
demolition and $4,500.00 for asbestos abatement for a total cost of $17,700.00.
The asbestos charge of $4,500.00 was for 500 sq. ft. of asbestos floor tile
removal. This breaks down to $9.00 a square foot. The additional charge of
$11,700.00 for the additional 1,309 sq. ft. of floor breaks down to $8.93 a sq
ft. This figure is comparable to the original $9.00 a square foot figure, and
was considered acceptable.
RECElVED AND FILED.
No. 55
Demo bids awarded to
Integrated Waste Special Services
As requested this department is furnishing a list of properties
that were awarded to Integrated Waste Special Services for demolition.
61 Bissell 159 Fougeron
68 Chester 93 Fox
70 Chester 501 Goodyear
1074 Clinton 675 Jefferson
72 Herman 1399 Jefferson
445 Jefferson 71 Johnson St.
51 Peckham 258 Krettner
160 Sycamore 66 Madison
576 Spring 313 Mortimer
473 Sweet 396 Northampton
2186 Bailey 42 Peckham
276 Baraga 239 Peckham
193 Box 199 Reed
1350 Broadway 110 Sherman
185 Chester 698 Sherman
205 Chester 90 Shumway
1279 East Ferry 1041 Smith
1209 Fillmore 294 Sweet
233 Florida 982 Fillmore
354 Goodyear 16 Abbott
30 Hollister 203 Adams
105 Landon 309 Bissell
197 Masten 52 Boyd
32 Peckham 180 Chester
124 Peckham 59 Howlett
181 Peckham 121 Kingsley
805 Sycamore 91 Laurel
1301 Sycamore 229 Prospect
31 Westminster 491 Adams
366 Walnut 844 Genesee
95 Northampton 1242 Sycamore
124 Edna 1064 Smith
260 Babcock
Please note that Integrated Waste Special Services did not perform demolition
work for the City of Buffalo until after October 1990.
RECEIVED AND FILED.
No. 56
Report of Emergency Bid 93 Mulberry
Due to the very serious and hazardous condition to the fire-damaged
building located at 93 Mulberry, Deputy Fire Commissioner Paul A. Kurzdorfer
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 January
14, 1992 and that the contract will be awarded to the following responsible
bidder:
ADDRESS AND OWNER CONTRACTOR / AMOUNT OF BID
93 Mulberry Pilot Construction
Mary Williams $9595.00
256 Locust - Buffalo, NY
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 January 15, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Pilot Construction at a
cost of $9,595.00 relating to 93 Mulberry is hereby 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. 57
Report of Emergency Demolition of 414 Glenwood Avenue
Due to the very serious and hazardous condition of the fire-damaged
building located at 414 Glenwood Avenue, Deputy Fire Commissioner Paul A.
Kurzdorfer 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 January 26, 1992 and that
the contract will be awarded to the following lowest responsible bidder:
ADDRESS AND CONTRACTOR AND DOLLAR
OWNER AMOUNT OF BID
414 Glenwood Avenue Maplewood Construction
2 1/2 story frame church $5,875.00
New Mount Olive
Christian Church C.M.E.
Rev. M. D. Pugh
218 Peach Street
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We therefore respectfully request that upon approval by your honorable body and
inspections made by this department, that the cost of the project be charged to
the Special Assessment Fund # 500-000-002-00000, and that said cost shall be
collected against the owner or person in possession benefitted, under the
provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 27, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at
a cost of $5,875.00 relating to 414 Glenwood Avenue is hereby 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. 58
Cancellation of Demolition Contract of Pilot - 905 Smith and Garage and
Integrated - 1064 Smith St.
Item No. 31 - CCP 1/7/92
Please be advised that the above stated contract in the amount
of $13,211.00 has been cancelled by our Department.
The buildings located at 905 Smith and 1064 Smith are City owned buildings, the
buildings were sold by the Division of Real Estates
Please refer to Item No. 31, dated 1/7/92.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 59
Memorandum of Agreement City of Buffalo & Local 18029
July 1, 1989 through June 30, 1993
Attached please find a Memorandum of Agreement between the City
and Repairmen's Local 18029, AFL-CIO for the contract period July l,
of Buffalo and the Pipe Caulkers'
1989 through June 30, 1993.
This Agreement is applicable to approximately 42 employees, and provides
a 4% salary increase for the fiscal year 89-90, a 5% salary increase for the
fiscal year 90-91, no salary increase for the fiscal year 91-92, and a 3%
salary increase for the fiscal year 92-93. The Agreement also provides
a wage-reopener if the City were to finish the 91-92 fiscal year with a surplus
(positive unappropriated, unreserved fund balance), and modifications to the
following benefits: longevity, dental insurance and medical insurance upon
retirement.
Your approval of this Memorandum of Agreement is respectfully requested.
Mr. Fahey moved:
That the communication from the Commissioner of Administration and
Finance dated January 29, 1992 be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and the Pipe
Caulkers and Repairmen's Local 18029, AFL-CIO for the contract period July 1,
1989 through June 30, 1993 be and hereby is ratified and approved; and
That the execution of said Memorandum of Agreement by the Commissioner of
Administration and Finance and the Acting Director of Labor Relations be and
hereby is ratified and approved.
PASSED.
AYES - 13 NOES - 0.
No. 60
Local 282 Interest Arbitration
Award Item # 89, C.C.P. January 21, 1992
Pursuant to a communication requesting an accounting of all fees
incurred as a result of utilizing outside legal representation for the Local
282 Interest Arbitration Proceeding, please be advised that as previously
stated, I am unable to provide this information. All bills for such service
are sent directly to the Corporation Counsel. I have forwarded the
communication to the Corporation Counsel for response.
RECEIVED AND FILED.
No. 61
Salary Ordinance Amendment - Police
Item # 224, C.C.P. January 21, 1992
Pursuant to a communication requesting information concerning
the newly created position of Computer Programmer in the Police Department,
please be advised that this job title has previously been designated to the
Local 650 Collective Bargaining Unit. This job title will not be designated as
a PBA title.
Additionally, pursuant to the City of Buffalo Charter and Code, Section
35-6, and the Local 650 Collective Bargaining Agreement, the individual
selected for this position will be required to reside within the City of
Buffalo.
RECEIVED AND FILED.
No. 62
Memorialize NYS Legislature-Increase Utility Tax Rate
Home Rule Message-Utility Income Tax
Resolution # 208, C.C.P. January 21, 1992
Resolution # 209, C.C.P. January 21, 1992
The above referenced items have been referred to this office for
comment. They are resolutions that, if passed, would memorialize the New York
State Legislature to grant the City of Buffalo the authority to
its current gross receipts utility from 3% to 4%. Such an increase would
provide an increased revenue source of approximately $4.4 million a year.
I strongly urge Your Honorable Body to approve these resolutions. The
Increase in this tax was one component of the recommended solution to the
city's current year budget imbalance that was presented to Standard and Poors
as something that had been agreed on by the Mayor and the Common Council.
We have already missed the opportunity to realize a half year's revenue
from this tax increase and must act quickly to realize even one quarter of a
year's worth of revenue.
I realize the second resolution is a Home Rule Message that requires
State Senate and Assembly bill numbers before Your Honorable Body can approve
them. It is my hope that of the WNY delegation to the State legislature can be
convinced to sponsor this legislation at the meeting scheduled with them, the
Mayor and Your Honorable Body on Feb 7, 1992.
The increase in utility tax has been proposed as a way to spare the property
taxpayer from the full burden of city services. The utility tax would be paid
by all city residents as well as properties exempt from the property tax levy.
I urge Your Honorable Body to act quickly on these items to help close
the current year's and the 1992-93 projected budget gap.
REFERRED TO THE COMMITTEE ON FINANCE.
AYES- BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS,
ZUCHLEWSKI- 9.
NOES- AMOS, ARTHUR, COLLINS, PERLA-4.
No. 63
"Base User Fees on Assessed Value"
Resolution # 213, C.C.P. January 21, 1992
The above referenced item has been referred to this office for
comment. It is a resolution that suggests that if a user fee is to be imposed
it is not it should be based on the assessed value of a property so that to
Your Honorable Body for your February 4, 1992 meeting I have described how a
user fee works. The theory behind a user fee is that it be based on the
proportionate share of services received by the person paying the fee. It is
my understanding that it would not be legal to base a user fee for solid waste
disposal and street cleaning/snow services on value of a property unless the
city could demonstrate a correlation between the cost of services provided to a
property and the assessed value of the property.
I don't believe such a correlation is apparent in this case.
REFERRED TO THE COMMlTTEE ON FINANCE.
AYES-AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI-11
NOES-COPPOLA, PITTS-2.
No. 64
Collection of Past Due Accounts
Item No. 56, C.C.P. 1/7/92
The above item was referred to this office for a response.
The Department of Administration and Finance, Division of Parking Enforcement
will soon make a request for proposals (RFP) from various collection agencies
for assistance in collecting past due accounts.
Transworld System Inc. is among the agencies that will receive the RFP.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 65
"Impose Commuter Tax"
Item # 205, C.C.P. January 21, 1992
The above referenced item has been referred to this office "to
explore the suggestion of imposing a commuter or wage tax on non-residents who
work in the City of Buffalo to help offset the looming deficit facing the
City..." The resolution refers to the city's tenuous fiscal condition, earlier
suggestions of imposing user fees and the possibility of imposing a commuter
wage tax. This office has spent considerable time the user fee and commuter
tax concepts. I will take this opportunity to report to Your Honorable Body
our findings on each.
User Fee
Although it is now widely regarded as the Mayor's proposal, the user fee
was included on the list of Council proposals for dealing with the City's
budget deficit. Regardless of whose idea it was or who proposed it, let me
explain the context under which it was suggested. The City was requested to
meet with Standard and Poors to describe how it could and would deal with its
current and projected budget gaps. The Mayor suggested and the Council agreed
that we would tell Standard and Poors that we acknowledged the budget problems
facing the city but that we did have at our disposal to a- these problems.
These resources included $30 million in user fees for refuse disposal and
street cleaning/snow services as are by the City of Rochester, $22 million in
available property tax margin, and $4.4 million in a requested utility tax
increase.
The Mayor described these as the City could use and informed Standard and Poors
that he would do whatever is to restore and maintain City finances in the
black. The Mayor has stated his willingness to consider any alternative means
of balancing the City budget.
Administration and Common Council representatives visited the City of
Rochester to learn more about the user fees in effect there. Rochester has set
up two enterprise funds - a Local Works fund for snow and street cleaning
services and a Refuse fund for the collection and disposal of garbage and
trash.
The Local Works fund has existed for as long as anyone could . The Rochester
representatives believe it dates back to at least the 1940's or' 1950's. The
charge is based on front footage and is calculated by dividing the total cost
of providing the service by the total front footage to get a per foot charge
for each property.
The Refuse fund was established in 1978 as a diet response to the Hurd
decision that required Rochester to reduce its property tax levy by $24
million. They balanced the reduction in property taxes by cutting costs $12
million and imposing $12 million of new user fees for refuse services.
Rochester was able to further reduce costs by reducing their staffing of
garbage trucks from a 3 person to a 2 person crew, Ding this crew to pick up
both garbage and bulk trash and at the same time enlarging their garbage
districts. In -change for these concessions from the labor union, the city
agreed not to subcontract refuse services, not to lay off any existing
employees and to provide what they described as a modest pay raise for the
remaining employees. Rochester does have an incentive program but their
Commissioner estimated most crews work about 7 hours a day. They are
considering going to a one person crew this July.
In Buffalo, it was assumed that the user fee would spread current costs
more-fairly by shifting the burden from non-exempt properties to exempt
properties. However, we have learned that user fees also result in a shift from
non-homestead (commercial) taxpayers to homestead (residential) taxpayers.
Non- homesteading properties now pay 55% of City of Buffalo property taxes but
it is estimated they would pay a lesser share of fees based on front footage or
on the amount of garbage collected by the city.
Rochester officials told us that their current average residential user
fees are $83 for the Local Works fund and $233 for the Refuse fund. They
estimate that this $316 total would be reduced to $150 if these same revenues
were raised by the property tax levy.
Based on the current costs of refuse services and snow plowing/street
cleaning services for the City of Buffalo, this office has estimated the
average residential taxpayer would pay user fees of $321.43 for these services.
This is a 71.7% increase over the $187.20 the average residential property
owner now pays in taxes for these services.
The conclusion is that although the homeowner benefits from sharing these
costs with previously exempt properties, this benefit pales in comparison to
the added burden caused by the shift of the proportion of the costs previously
paid by non-hometead properties to homestead properties.
Other points of interest are: 1) Rochester does not charge federal, state
or city school properties the user fee, (2) user fee costs are not deductible
for federal income as are property or state and local income tax payments, and
(3) although the user fee should be added to the existing property tax bills
there would be a considerable bent of administrative work involved in
establishing two new enterprise funds and properly allocating costs which have
been part of the general fund.
Commuter Tax
Research on the commuter tax involved talking with Yonkers and New York
City budget officials (the only two cities in New York State with a commuter
tax), the New York State Department of Taxation and Finance, New York State
Department of Labor, and gathering information available from the Census
Bureau.
New York City and New York State Department of Taxation and Finance
personnel stated they believed it was unconstitutional to impose a tax on
nonresidents without also imposing the tax on residents. In both Yonkers and
New York City the tax rate on residents is higher than on non-residents. I
believe the rates could be the same but not lower for residents.
In Yonkers, residents pay a city income tax which is a surcharge of 15% of the
amount of their state income tax. With the maximum state income tax rate of
7.875% residents of Yonkers could pay a 1.18% city income tax. Non-residents
pay 1/2% of gross income earned in the city. The Yonkers budget director
estimated the average annual burden at $300 for residents and $200-$250 for
non-residents.
This tax generates approximately $24 million in annual revenue in
Yonkers. The resident and non-resident tax were implemented in 1984 along with
the establishment of the Financial Control Board that monitors Yonkers
finances.
New York City has had an income tax on residents and non-residents since
1966. The current rate on residents varies based on the level of taxable
income from 2.57% to a maximum of 4.46%. Non-residents pay .45% of wages and
.65% on self employment earnings in the city. A typical non-resident pays $270
on an annual $60,000 salary while a typical single resident pays $623 on a
$25,000 annual salary and a married couple with 2 dependents earning $50,000
would pay $1,308 per year.
Both Yonkers and New York City officials stated that the income tax is
relatively easy to administer and monitor because it is done through the State
Department of Taxation and Finance at a minimal cost. New York City collects
about $3 billion a year in these taxes and pays the State $12 million for
administrative costs or less than 1/2% of their tax receipts. Now York City
receives weekly payments and Yonkers bi-weekIy payments from the State. They
both need State enabling legislation to impose these taxes renewed on a
frequent basis.
Buffalo would need State authorization to impose an income tax. Employers
would require at least a 30 day notice to process payroll withholdings.
According to the 1980 census, there were 183,869 people who worked in the
City of Buffalo of which 86,730 also lived in the city and 97,139 lived outside
the city. The 1990 census numbers for these categories are not yet available
but the total County wide job count increased by about 10% from 1980 to 1990.
The State Department of Labor said the average wage earner in Erie County
earned $22,158 in 1990. Using the 1990 average salary and the 1980 number of
jobs a 1% payroll tax would yield $40,741,693 per year, of which $21,524,060
would be paid by non-city residents and $19,217,633 by city residents. This
amount would automatically grow as salaries are increased.
The Governor's 1992-93 recommended budget includes $47 million in state
general purpose aid to the City of Buffalo. This is $25 million less than was
included in the State's 1990-91 budget. The City needs to find a new revenue
source to replace the loss of state aid or drastically cut current costs.
The table below is presented to graphically compare and contrast the two
revenue proposals currently being considered.
Description
User Fee Income Tax
1) Revenue to be realized
$30 million $40.7 million
2) Growth Potential
Rates would need to be Revenues would increase without
increased each year to match raising rates if payroll income
increased costs of providing increased.
services.
No natural growth.
3) Tax or Fee Paid by
User of Refuse and Snow Approximately 53% by residents
Plowing Services. Individual non-residents and 47% by residents
and business residents of based on earned income.
Buffalo. Exempt and non-
exempt properties.
4) Progressive or Non-Progressive Charge
Non Progressive - All Progressive-Payment
residents pay same garbage correlated to income..
fee regardless of their
assessed value or personal
income.
5) Authorization Required
Could be imposed by local Requires State and local
legislation only. legislation.
6) Payments deductible from
Federal Income Tax Calculations?
No Yes
7) Administrative Requirements
Addition to current property Would be mostly administered
tax bills. Would require administered by State Department
establishment of two new of Taxation and Finance.
enterprise funds.
I am available to further discuss these issues with Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 66
"Request Update on CRC Conversion
for all City Owned Vehicles"
Resolution #203, C.C.P. January 21, 1992
The above referenced item was referred to this office for comment.
It is a request for the Commissioner of General Services and Administration
and Finance to actively pursue any grants that my be available to convert city
owned vehicles to Compressed Natural Gas.
The Director of Inventory & Stores, Frank Faber, has been pursuing an
arrangement whereby New York State Energy Resources Development Agencies
(NYSERDA) would pay for the conversion of 20 to 25 gasoline operated city
vehicles to compressed natural gas. Mr. Faber has estimated the cost of
conversion to be approximately $2,000 per vehicle with a savings of nearly $.20
per gallon for CNG to the cost of gasoline.
Mr. Faber believes a response from NYSERDA will be received within a very
short time. It is my understanding the Commissioner of General Services will
provide you with further details when he receives this response.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 67
Inquiry as to How Many Times
Performance Bonds have been
Waived for Women and Minorities
in Recent Years
The Division of Purchase does not maintain statistics on the nature
of ownership of participating bidders for purchase contracts and purchase
orders. We do not require ownership status other than corporation, partnership
or single proprietorship, for City of Buffalo bidding.
RECEIVED AND FILED.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 68
Request Status of Robert Heftka
Res. # 168, CCP 12/23/91
This is in response to your request for information relative to
Robert Heftka's appointment to the position of Assistant Corporation Counsel.
Be advised that at a meeting held on April 24, 1991 the Commission approved the
appointment of Robert Heftka to the position of Assistant Corporation Counsel
on a conditional basis, with the understanding that he would establish
residence in the City of Buffalo by October 24, 1991.
At a meeting held on November 6, 1991 the Civil Service Commission considered a
request from acting Corporation Counsel R. Peter Morrow III to extend the
conditional approval of Mr. Heftka's appointment for an additional three
months.
The Civil Service Commission approved the continued employment of Robert Heftka
as Assistant Corporation Counsel through January 31, 1992 on the condition that
he will establish residence in the City of Buffalo by this date.
I trust this satisfies your inquiry. If you have any further questions in this
regard, please notify this Commission.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 69
Mayor Reported Out of State
Enclosed herewith is a letter from the office of the Hon. James
D. Griffin, Mayor, reporting his absence from the State from Friday, January
24, 1992 until Monday January 27, 1992.
RECEIVED AND FILED.
No. 70
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
Public Works -Div. of Engineering and Water
RECEIVED AND FILED.
No. 71
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Public Works- Ronald Carnevale
RECEIVED AND FILED.
No. 72
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
2191 Elmwood Mr. D's Stumble Inn Mr. D's Stumble Inn, Inc.
244 Moselle Studio FD 9 Willie Hayes
619 So. Park Ave. McCarthy's Clam Digger Catherine McCarthy
3076 Bailey Ave. 3076 Bailey Ave., Inc.
RECEIVED AND FILED.
No. 73
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Comptroller--Mary O'Rourke , Charles McSwain
Assessment- Joyce Brown
Public Works- Susan Finnerty
Street Sanitation- Nicholas Koerber, Richard Mauro
Administration and Finance- Leslie Schmarder
RECEIVED AND FILED.
No. 74
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:
City Planning Board
Civil Service Commission
Home Improvement Advisory Board
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 75
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 January 27, 1992 in the Department of City
Clerk to the position of Intern IV, seasonal at the starting salary of
$6.00/hr.
Linda Lewis 2047 Niagara Street Buffalo, N.Y. 14207
.Eddie Negron 235 Hudson Buffalo, N.Y. 14201
Robert A. Floyd, Jr. 222 Loring Ave. Buffalo, N.Y. 14214
No. 76
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective January 29, 1992 in the Department
of Assessment Leroy Moses 67 Beiter Walk Buffalo NY 14215 to the position of
Clerk, Seasonal at the starting salary of $5.00/hour
Appointment to become effective January 30, 1992 in the Department of
Assessment to the position of Clerk Seasonal at the starting salary of $
5.00/hour
Juanita Adams 651 Elm Street, Buffalo NY 14213
Florence A. Alessi 791 Busti Avenue Buffalo, NY 14213
Joseph A. Montana, Jr. 104 Niagara Falls Blvd. Buffalo, NY 14214
Patricia Scarpello 104 Harding Road Buffalo NY 14220
Appointment to become effective January 29, 1992 in the Department of
Assessment Joyce C. Brown 51 Wilbury Place Buffalo, NY 14216 to the position of
Senior Tax Administrator, Temporary at the starting salary of $30,922.
FROM THE DEPARTMENT OF POLICE
Appointment to become effective January 23, 1992 in the Department
of Police to the position of Crossing Guard (TSAR) , Seasonal at the starting
salary of $5.08/hr.
Amoia, Wendy 313 Norwood Ave. Buffalo, NY 14222
Martin, Susan 68 Pomona PI. Buffalo, NY 14210
Bizzell, Emma 69 Millicent Ave. Buffalo, NY 14215
Cavalieri, Susan 1057 West Ave. Buffalo, NY 14213
Walker, Patricia 21 Virgil Ave. Buffalo, NY 14216
Appointment to become effective January 21, 1992 in the Department of Police
Dana L. Hearon 2086 Fillmore Ave. Buffalo, NY 1421 to the position of Report
Technician, permanent at the starting salary of $ 18,425.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment to become effective January 27, 1992 in the Department
of Administration and Finance, Division of Parking Enforcement to the position
of Laborer I, Seasonal at the starting salary of $ 5.98/hr.
Marc A. Cotroneo 698 Prospect Avenue Buffalo, NY 14213
Ronald P. Anderson 1497 Broadway Buffalo, NY 14212
Charles J. Premo 323 Norwalk Buffalo, NY 14216
John C. Emminger 196 Linden Avenue Buffalo, NY 14216
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective January 17, 1992 in the Department
of Human Resources, Division of Youth Theresa Wiggins 723 Northampton Buffalo
NY 14211 to the position of Attendant, temporary at the starting salary of $
4.25/hr
Appointment to become effective January 21, 1992 in the Department of Human
Resources, Division of Youth to the position of Attendant, temporary at the
starting salary of $4.25/hr.
John Armento 56 Winston Buffalo NY 14216
Dennis L. Brown 94 Coit Buffalo NY 14206
Marquerite Rich 27 Norwalk Buffalo NY 14216
Roslyn Saunders 161 Dodge Buffalo NY 14209
Geoff Wilkie 845 Clinton St. Buffalo NY 14210
Caroline Kozakiewicz 262 Eden Buffalo NY 14220
Appointment to become effective January 28, 1992 in the Department of Human
Resources, Division of Youth to the position of Attendant, Temporary, at the
starting salary of $4.25/hr.
Cynthia Crouch 121 Grider Buffalo, 14215
Kelly Davis 72 Wake field Buffalo 14214
Appointment to become effective January 6, 1992 in the Department of Human
Resources, Division of Youth Michael Hughes 30 Whitfield Buffalo 14220 to the
position of Supervisor, Temporary, at the starting salary of $5.00/hr.
Appointment to become effective January 27, 1992 in the Department of Human
Resources, Division of Youth Richard Oddo 309 Richmond Buffalo 14222 to the
position of Supervisor, temporary at the starting salary of $5.00/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 77
BOARD OF ETHICS
Request budget for Administrative help.
I recall that at the time of the confirmation hearing in connection
with my appointment to the Board of Ethics, assurances were made that should
the Board need support services, Council would entertain such a request. We
had hoped that this might not be necessary. However, with the adoption of the
new annual disclosure forms, circumstances have changed. A cursory review of
all filings reveals that a large number are incomplete, either because of
inadvertence or misunderstanding or because the filer has requested limited
exemptions or has declined to supply required information. In the light of the
foregoing, a detailed examination of each of the several hundred filings is
necessary. It will be further necessary to notify filers of problems
encountered with reference to their submissions, invite their comments and
revisions and, in appropriate circumstances, extend to them an opportunity to
be heard. The Board is, of course, prepared to discharge its responsibilities
in these respects, including devoting the many hours that predictably will be
required in connection with hearings. It is, however, essential that we have
administrative assistance in reviewing, in detail, each statement, identifying
problems encountered therein, and in preparing and mailing the correspondence
associated with the process. There will also be the function of scheduling
hearings where necessary.
In the light of the foregoing, we respectfully request that the Common
Council provide for the Board of Ethics an annual budget of $5,000 to be used
in hiring necessary administrative assistance. This would be done on an hourly
basis, and vouchers for payment would be sent to your Honorable Body for
approval. You may be confident that in the selection of a person to assist us
in discharging our responsibilities, we will be as sensitive to the needs of
confidentiality as we are in conducting our own affairs as Board Members.
We further assure you that this request is made only because of the
absolute needs of the situation in which we find ourselves. We look forward to
your understanding and support.
REFERRED TO THE MAYOR AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 78
FERRARO ENTERTAINMENT
Conduct of Arena Roller Rink
We are dispatching this rather hastily drawn letter to your attention
on behalf of Ferraro Entertainment, Inc., the organization which has recently
purchased the old "Arena Roller Rink" at 30 East Amherst Street. The new owners
have learned this past week that there has been some sort of "investigation"
requested by city officials based upon a Council resolution previously adopted
this month. We are also advised that the tone of such resolution calls into
question the manner in which activities have in the past been conducted at the
Arena Roller Rink. As the new owners of the rink, the members of the Ferraro
family are very concerned that if there is any negative history concerning that
rink, it might adversely impact on the plans they have for same, and they are
concerned that they have not been personally contacted to give their version of
anything that may have transpired under their management. They would like to
let this letter serve as their introduction to members of the Council who may
be concerned with this situation and their request for an opportunity to be
heard with respect to any specific concern which might impact on the future
operations of the rink.
More specifically, the local rink manager, Brian Ferraro, was briefly
interviewed for a Channel 2 News feature involving an incident which allegedly
occurred in the vicinity of their rink on December 27, 1991. A woman and her
daughter claimed to have been assaulted several blocks from the rink after some
interaction with a number of male and female teenagers in the neighborhood.
That news coverage also included remarks suggesting that there had been prior
problems, following evening activities at the rink, and that there was some
known pattern of violence among teenagers in the neighborhood. While not so
stating in the news coverage, subsequent remarks have indicated that some
persons feel that the operators of the rink should become more involved in
preventing any future occurrences among members of the neighborhood. We would
like to make several points in this regard with respect to our clients, Ferraro
Entertainment, Inc.
Firstly, you should know that this rink was purchased by the Ferraros on
November 4, 1991, after a short period of negotiations with the prior owner.
The closing was hastily concluded since he was leaving for an extended period
of time in Florida the following day, but preliminary phone calls made by
members of the Ferraro family to various city officials, including the Police
Department and Department of Licensing indicated that the rink was presently in
possession of all required permits and that there was no known reason why such
permits should not be simply continued along. No known violations of any city
requirements were uncovered during this period of investigation and all
consulted expressed opinions that there should be no problem with the new
owners carrying on the roller skating and dancing business in that facility.
Ferraro Entertainment, Inc., then duly applied for a permit to conduct a roller
skating business at that location on November 12. Shortly thereafter, the
facilities were inspected by both the Police Department and the Fire Department
and no deficiencies were noted. Meanwhile, the new owners completely re-roofed
the entire building and painted the outside areas of the building to cover
graffiti which had accumulated prior to their purchase. The business was then
re-opened for skating, floor hockey, and dancing, which activities went without
incident through December 27, 1991.
It should be noted that Ferraro Entertainment, Inc., is a family-operated
business, run by members of the Ferraro family, which operates skating rinks
and other recreational facilities such as water-slides and go-kart tracks in
the Glens Falls, New York, area, the City of Lockport, the Town of Wheatfield,
and in Cheektowaga. The Ferraros have always insisted on family-oriented
activities and have catered primarily to young people, youth groups, church
organizations, boy scouts, girl scouts, and senior citizens as well. They
insist upon tight security and allow no unwholesome activities on the premises.
At the Arena Skating Rink security guards are employed, utilizing off-duty
police officers and even a metal detection unit is utilized at the door to
eliminate the possibility of any weapons being introduced. No alcohol, drugs,
fighting, rough housing, weapons, or other elicit activities are tolerated
whatsoever. If you should care to check on the track record of Ferraro
Entertainment, Inc., you are welcome to contact the Police Departments at Glens
Falls (Warren County Sheriff's Department), Lockport, Wheatfield (Niagara
County Sheriff's Department), or Village of Cheektowaga. We are certain that
you will find a virtual absence of complaints in those areas and a strong
rapport with the local law enforcement agencies, providing safe environments
for neighborhood children to enjoy wholesome athletic and social activities.
In any event, we now learn that the requested permits were not issued for the
Arena Roller Skating Rink by year-end, due to the fact that the premises was
not visited by a building inspector due, apparently, to the work load of that
group. As far as we had known previously, the facility had been continuously
open and utilized as a skating rink since 1942 without interruption and for
dancing since 1984, all without suspension of or revocation of its permits
during any period of time. The reissuance of such permits seemed to be a
matter of course once the building inspection would have been completed.
However, on the morning of December 29, 1991, a call was received from the
licensing bureau, advising that in the absence of a permit, Ferraro
Entertainment, Inc., must cease operations immediately. The Ferraros did obey
those instructions and even cancelled the New Year's Eve sessions which had
been planned. Since then, the Ferraros have obviously incurred substantial
financial losses while awaiting inspection and final issuance of requisite
permits. The facility has now been inspected and the Ferraros are in the
process of remedying certain deficiencies noted in the building itself, and
should be prepared to reopen shortly, assuming the permits are issued. At this
juncture, however, they sense an undertone of growing hostility and/or
animosity which they do not totally understand.
They can only assume that it has been precipitated in part by unfounded
allegations and inuendos, perhaps triggered by the news coverage of the alleged
incident of December 27, and perhaps in part prompted by some prior history of
events at this site of which they are totally unaware. We feel that it is
imperative to have an opportunity to express our concerns and state our
intentions and objectives before opinions are hardened and decisions made by
the Council without such input.
For instance, we would note that the victim of the assault which allegedly
occurred on December 27, 1991, stated that she was looking for her daughter
after an evening at the rink. However, having secured a copy of the police
report, we note that no assault occurred at or near the rink. The place of
"occurrence" is shown as 47 East Amherst Street, some distance down the block
from our location at 30 East Amherst. The "occurrence", apparently, being some
sort of preliminary interaction, whereas, the assault is then shown as having
occurred at 140 Holden, some five or six blocks away, while the mother and
daughter were closer to the vicinity of their residence at 150 Victoria.
(Furthermore, we do not know why the incident was not reported to police until
7:30 p.m. the following day.) The session on the evening of December 27 had
only been attended by some 67 teenagers, and we had had four (4) off-duty
policemen as security guards. The session ended at 11:30 pm. After the
session we had two security guards in the entrance-way of the rink for some
time after everyone left, and neither of them witnessed any altercation within
viewing distance of the rink. We have been totally unable to ascertain why the
assault occurred a number of blocks away, or if it was in any way related to
anything said or done between patrons of the rink that evening. If, in fact,
violence is a problem among members of the neighborhood, we would certainly be
interested in cooperating with the police to stem same in whatever fashion may
be feasible, but certainly do not feel that depriving the better behaving
members of the neighborhood of wholesome athletic and social activities under a
highly supervised and secure environment would improve the situation one iota.
Time and time again, the introduction of these activities has proved to be a
major benefit to the community, and has provided much needed recreational
opportunities for local children. We certainly hope that such will soon become
the case on East Amherst Street.
Members of the Ferraro family would very much like to appear at a Council
meeting to answer any questions you might have if that be your wish. We shall
appreciate hearing from any one of the Council members who might be interested
in this matter. We trust you will distribute copies of this letter to his
Honor the Mayor, and all members of the Council. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 79
Buffalo Friends of Olmsted Parks
Comments on Delaware Park Master Plan
(Item No. 74, C.C.P. 12/31/91)
The following statement is a response to the comments of Commissioner
Lawrence K. Rubin, Department of Community Development, regarding the options
of the Delaware Park Master Plan Interim Report:
1. Option l does not "remove.. .the conflict between automobiles and
pedestrians/cyclists". Instead, this option further removes park acreage from
public use for the accommodation of cars. The ring-road, at peek use times,
does become congested and yes dangerous, however, at non-peek times it reverts
to a wide stretch that allows a variety of uses. In contrast, parking lots
remain parking lots, winter or summer, high-use or low-use. The Master Plan
attempts to minimize the conflict between automobiles and pedestrian/cyclists
in other, more acceptable ways. The pedestrian path system for the meadow
interior (option 2), will attract many users lessening the congestion on the
ring-road. In addition, the plan calls for a physical separation between the
auto and pedestrian lanes, perhaps a low curb. This would prevent cars from
entering the pedestrian lane.
2. Commissioner Rubin is mistaken in his assessment of the pedestrian path's
detriment to the Olmsted design. Olmsted's original plan called for the
creation of a path system in the meadow, drawing park users away from the
ring-road and into the landscape. The path as proposed by the master plan
seeks to recreate this historic path, where possible. In addition, we disagree
with the Commissioner's distinction between "perimeter" and "interior" spaces
which seems to imply that one area is more important than the other. Both
perimeter and interior green space areas need to be equally protected. The
ravine area at Delaware and Nottingham illustrates that many of the "perimeter"
areas offer a beauty and terrain not found elsewhere in the park. Also, this
particular area is popular in winter for sledding and in summer for picnicking.
We would lose the opportunity for these activities if a parking lot is located
here.
We also disagree with the notion that these parking lots are less
intrusive than a pathway. A soft surfaced or aggregate path meandering through
the meadow is far less offensive to the aesthetics of the park and its historic
integrity than an expanse of asphalt and its accompanying curbs, yellow stripes
and light standards.
3. The BFOP has no preference for the location of the concession. Its
location, however, must not be made contingent on new parking lots.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 80
GAL- VAN DEVELOPERS
Withdrawal of rezoning application for 434 Edison.
Gal Van Developers requests that its application for rezoning
of 434-478 Edison Avenue be withdrawn.
Thank you for your cooperation.
RECEIVED AND FILED.
No. 81
BRIAN HIGGINS
South District Precinct Consolidation
Demonstration Proposal
Please find a copy of the South District Precinct Consolidation
Demonstration Proposal I spoke of last week At the outset, I must tell you I
have several questions concerning the Buffalo Police Department's ability to
carry this plan forward to fully realize the several quantifiable benefits
stated in the Police Reorganization Report issued in December.
This plan represents a conceptual framework only. There are many issues
that require further discussion before this plan is final and ready for public
presentation. The location of the South District station is but one of them.
Finally, before I would initiate the requisite Council action authorizing
the demonstration project, I must be fully confident that your administration,
participating police officers and the union representing them are sincerely and
fully committed to a good faith effort toward the project's success.
I am available to discuss the enclosed proposal with you at any time and
I thank you for your consideration.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 82
JUNETEENTH FESTIVAL, INC.
Dates of 1992 Festival
Please be advised that the dates for the 17th Annual JuneTeenth
Festival will be Saturday, June 13, and Sunday, June 14, 1992.
Please advise us of any conditions or requirements that will enable us to work
effectively with your office.
Thank you for your cooperation
Mr. Fahey moved:
That the communication from the President of the JuneTeenth Festival,
Inc. dated December IS, 1991 be received and filed; and
That the dates for the 17th Annual JuneTeenth Festival, Saturday June 13,
1992 through and including Sunday, June 14, 1992 be and hereby are approved;
and
That such event shall be subject to conditions established by the
Commissioner of Public Works.
PASSED.
AYES - 13- NOES - 0.
No. 83
CLARENCE NEUBECKER
Oppose Use Tax/Fee for Trash and Garbage Collection
I wish to object to the mayor's plan of taxing every household
$120.00 per year for refuse collection and street cleaning.
I live in a two family house with the upper-flat vacant. There are probably a
hundred more in this part of the city. I think that it is very unfair to assess
me $240.00 for both lower and upper flats. This assessment may be fair in the
mayor's neighborhood where the vacancy rate is almost -zero and the extra
assessment may be added to the monthly rent
I usually put one can of rubbish on the curb each month plus about 15 pounds of
newspaper in the blue recycling box. This assessment would average out to
about $20.00 each time. Since Fillmore Avenue in this area has not been cleaned
since May 1991, nearly half of the refuse put out is picked up from the street.
It would seem that some of the surplus funds of the Sewer Authority could be
used to clean the streets and this would reduce the cost of cleaning out the
sewer lines.
I hope that you will give my letter favorable consideration.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 84
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Compliance with original Seaway
Piers proposal agreement
On April 1, 1991 the lease between the Niagara Frontier Transportation
Authority ("NFTA") and EDB- Buffalo, Inc. was amended to reduce the amount of
land conveyed under the lease from 34 acres to approximately 7.87 acres, which
is the amount of land comprising the existing restaurant site. EDB- Buffalo,
Inc. was specifically relieved of its Obligation to construct a marina. The
NFTA determined that it would be in the best interests of the NFTA to seek new
competitive proposals for the development of the marina site, which consists of
the remaining approximately 26.13 acres of the original Seaway Piers property.
The Request for Proposal for the Development of the Seaway Piers Marina
is undergoing final revisions and should be available for prospective proposers
within the next two weeks. A copy will be forwarded to the Common Council.
The proposal criteria contained in the Request for Proposal are almost
identical to the criteria which were used to select the original plan for
developing the marina submitted by EDB- Buffalo, Inc. It is expected that the
selection process will take two to three months.
The NFTA will notify the Common Council of the selection of the
successful proposer and will forward a copy of the agreement containing the
plans for the development as soon as negotiations are finalized. Please feel
free to contact me if you have any further questions.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 85
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
SEQR Lead Agency Designation Construction
The NFTA proposes to construct a fish cleaning facility on Authority
owned property between Fuhrman Boulevard and the Small Boat Harbor. The project
will involve the construction of an approximate 500 to 600 square feet single
story structure, housing lavatories and a fish cleaning station. Also included
in this project is the construction of approximately 800 to 1,000 feet of
sanitary sewer line connecting the facility to an existing sewer line near the
Small Boat Harbor restaurant.
The project is sponsored in part by a grant from the New York State Department
of Environmental Conservation consisting of monies generated by the special
Lake Erie fishing stamp associated with the gill net buyout program.
The NFTA is requesting lead agency designation for the State Environmental
Quality Review of this proposed action. The Authority has made an initial
determination that indicates this proposal will not have a significant impact
on the environment. Enclosed is a copy of the Full Environmental Assessment
Form (EAF) completed by the NFTA. We expect to issue a negative declaration
based on the determination reflected in the EAF.
Please review this request for lead agency designation and the EAF by February
24, 1992. If you have any questions, please feel free to contact David C.
Skoney at 855-7249.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 86
KEITH PITMAN
Offer to Purchase Surplus Desk
I wish to purchase a surplus, damaged wooden desk from the basement
of City Hall, for the price of $15.00.
Thank you for your consideration in this matter.
REFERRED TO THE COUNCIL STAFF.
No. 87
SAINT ROSE OF LIMA CHURCH
Request Pigeon Control & Removal
We have received good service from the city of Buffalo in many
ways in the past.
However, something has gone wrong in this case. Pigeons have been
gathering on St. Rose of Lima School and Church. Some have fallen down the
school chimney causing an annoying odor.
Three months ago we called Pigeon Control. Promises have been made.
Nothing has happened.
Where do we go from here?
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET
SANITATION.
No. 88
TICKETMASTER
Request re-bid of Auditorium
Ticket Proposal.
Please consider this letter to constitute a communication to the
Buffalo Common Council from Ticketmaster New York, relative to the request of
the Board of Stadium and Memorial Auditorium for Common Council permission to
enter into an exclusive ticket servicing contract with a private entity, for
events hereafter held in the Memorial Auditorium. We request this letter be
placed on the agenda of the Common Council at its next regular meeting, for
appropriate action.
Presently pending before the Finance Committee is the request of the
Board of Stadium and Auditorium to enter into an exclusive ticket servicing
agreement with Prime Seats, Inc. for a contract period of five years, renewable
for an additional five years. This application to the Council is made by the
Auditorium Board, following its review of three competing proposals submitted,
pursuant to a Request for Proposals issued by the Board last fall.
Ticketmaster New York: had submitted its own proposal to the Auditorium Board,
and requests the Common Council withhold permission for the Auditorium Board to
enter into contract with our competitor, Prime Seats, Inc.
Ticketmaster New York in good faith submitted a proposal to the
Auditorium Board for exclusive rights for a three year period, in compliance
with the terms of the Request for Proposals. The compensation offered by
Ticketmaster ($75,000.00 lump sum payment at inception of contract, together
with the purchase of $15,000.00 annually of ticket to events, for free
distribution to youth organizations) was based upon the specified contract term
of three years. Naturally, for longer contract period the compensation offered
by Ticketmaster would have been greater.
Notwithstanding the terms of its own request for proposals, the
Auditorium Board seeks Council approval to award a contract to Prime Seats,
Inc., for what effectively will be a ten year term.
Ticketmaster respectfully requests the right to submit a revised proposal
for the same contract term as that submitted in the proposal of our
competitor, Prime Seats, Inc. In the alternative, we request the Common Council
direct the Auditorium Board to rebid this matter, and in so doing to issue a
revised Request for Proposals, requiring each proposal submitted address the
following criteria:
1. specified length of contract term with no variation permitted;
2. required service charges to be levied for ticket sales off premises, by
telephone, and at Auditorium box office;
3. specification of all events to be excluded from contract coverage (such
as Sabres games, Ringling Circus, etc.)
4. required specific disclosure of all ticket outlet sales locations and
hours of operation;
5. required specific disclosure of telephone sales capabilities, and hours
of operation.
Ticketmaster New York is confident it can offer the City of Buffalo a
superior contract proposal, if permitted to bid fairly, with terms and
requirements specified and evenly applied.
We look forward to Common Council action upon this request. Thank you.
RECEIVED AND FILED.
No. 89
KENNETH VAUGHN
Request reduction in 1991 LaSalle Concession Rent
My partner James L. Cowie and I were awarded the bid for the
operation of LaSalle Park on May 30, 1990. When we were awarded the bid we had
high expectations of this endeavor. The results have been the total opposite.
We have been faced with one obstacle after another. Below are just a few of the
obstacles we were forced to contend with.
Before the bid process for the LaSalle Park Concession, we were informed
that Amvets Drive would be opened sometime in the summer of 1990. To this date
the road is still closed. We feel as a result of Amvets Drive remaining closed
and making this area of the waterfront less accessible to the public it has
caused great hardship to our business.
During the 1991 Friendship Festival the only road leading into LaSalle
Park was completely blocked off. Security guards stood at the barriers and
would not let anyone into the 'PUBLIC' park unless they paid a $4.00 admission
fee. The organizers of the Festival also were allowed to contract with venders
who then set up food concession stands throughout the park. It was our
understanding that we were awarded the only food concession contract for
LaSalle Park. As a result of people not being able to gain access to the end of
the park, where our concession stand was and other venders being allowed to
operate within the park we were forced to shut down during the entire
Friendship Festival due to lack off business. These two circumstances alone
cost us an estimated loss of $8,000.00. Last season the Friendship Festival was
our best income period, far exceeding any other period of time.
The contract was awarded for two (2) years, with a two (2) year option.
At this time we are Informing your Honorable Body that we have no intention of
operating the LaSalle Park concession stand for the Two (2) remaining years of
the contract. There are too many changes that have to take place at the LaSalle
Park Concession stand before it can once again become a viable business. We are
extremely discouraged with all the time, effort, and investment I've put into
this endeavor and we have nothing to show for it. We feel the City needs to
take a good look at the LaSalle Park Concession situation, and you will then
understand all the frustration we have had the past two years.
Due to misinformation, other concessionaires being allowed to conduct
business within the park throughout the summer and during the Friendship
Festival, we are requesting that the rent for the 1991 season at LaSalle Park
be reduced substantially. My partner and I are willing to come before your
Honorable Body to discuss the entire situation that we have been confronted
with since being awarded the bid to LaSalle Park. We appreciate anything you
may be able to do for us and thank you in advance for your cooperation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, THE
COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
PETITIONS
No. 90
Faith Bible Tabernacle Church Members oppose Rezoning of 434
Edison Avenue to R-5 District.
RECEIVED AND FILED.
No. 91
Frank Velarde and Others oppose Rezoning of 434 Edison Avenue to R- 5 District.
RECEIVED AND FILED.
No. 92
United Block Club on Sobieski Street. - Req Crime Hatch Signs on Broadway at
Sobieski facing south, on Broadway at Stanislaus facing north, on Sobieski at
Stanislaus facing south and on Sobieski at Sycamore facing north.
Mr. Fahey moved:
That this Common Council hereby grants permission to have Neighborhood
Crime Watch Signs installed at the following locations: Broadway at Sobieski
Street facing south; Broadway at Stanislaus facing north; Sobieski at
Stanislaus facing south; and on Sobieski at Sycamore facing north; and
That the Commissioner of Public Works and Police be and hereby are
requested to assist the United Block Club on Sobieski Street in the
installation of such Crime Watch Signs.
PASSED.
AYES - 13 NOES - 0.
No. 93
Deborah Carter and Others Oppose Use of Former Diocesan Education Center as the
Site for a family support Group.
REFERRED TO THE COMMlTTEE ON LEGlSLATlON.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 94
SALARY ORDINANCE AMENDMENT
20 - DEPARTMENT OF POLICE
(ITEM NO. 224, C.C.P., JAN. 21, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That the Salary Ordinance Amendment as contained in Item No. 224, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0.
No. 95
APPROVAL OF MEMORANDUM OF AGREEMENT
BETWEEN LOCAL 71 I.U.O.E. and BMHA
(ITEM NO. 60, C.C.P., NOVEMBER 12, 1991)
That the Chairman and the Executive Director of the Buffalo Municipal
Housing Authority be and hereby are authorized to execute the Memorandum of
Agreement with Local 71, I.U.O.E., AFL-CIO, Engineering Employees, attached to
the above item.
PASSED.
AYES - 13 NOES - 0.
No. 96
Memorandum Of Agreement Local 71/IU.O.E. and BMHA
(Item # 76 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Appointment
I.C.R.//Building Inspector
That communication No 86 CCP 12/23/91 be received and filed and
the Permanent appointment of William M. Leisck stated above at the Intermediate
salary $27,418.00 effective on 12/16/91 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 98
Appointment
I.C.R.//Building Inspector
That Communication No 87 CCP Dec 23, 1991 be received and filed
and the Permanent appointment of Louis J. Petrucci stated above at the
Intermediate salary $27,418.00 effective on 12/16/91 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 99
Appointment
Street Sanitation//Radio Communicator
That Communication No 28 CCP Jan 7, 1992 be received and filed
and the Provisional appointment of Nicholas N. Koerber stated above at the
Maximum salary $21,729.00 effective on 12/25/91 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 100
Appointment
Police//Report Technician
That Communication No 49 CCP Jan 21, 1991 be received and filed
and the Permanent appointment of Debra A. Williams stated above at the
Intermediate salary $18,953.00 effective on 1/8/92 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 101
Appointment
Street Sanitation//Training Officer
That Communication No 63 CCP Jan 21, 1992 be received and filed
and the Provisional appointment of Richard J. Mauro stated above at the Maximum
salary $25,969.00 effective on 1/9/92 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 102
Appointment
Human Resources//Counselor II
That Communication No 72 CCP JAN 21, 1992 be received and filed
and the Temporary appointment of Dolores Barrett stated above at the
Intermediate salary $20,071.00 effective on 1/6/92 is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 103
Notices Of Appointments
(Item # 83 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 104
Parking Violations Bureau Delinquents (A&F)
(Item # 37 CCP Jan 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Parking Violations Bureau Delinquents (CC)
(Item # 52 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Increase Parking Violation Bureau Revenues (A&F)
(Item # 38 CCP Jan 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
PARKING VIOLATIONS BUREAU REQUEST TO
PUBLISH DELINQUENT LAW OFFENDERS
(ITEM NO. 157, C.C.P., DEC. 23, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be and the same is recommitted to the Committee on
Finance.
ADOPTED.
No. 108
REQUEST NYS TO IDENTIFY
EMPLOYEES DELINQUENT WITH PARKING VIOLATIONS BUREAU
(ITEM NO. 158, C.C.P., DEC. 23, 1991)
That this Common Council requests the State of New York to cooperate
with the City of Buffalo and compare a city provided computer list of names of
outstanding delinquent violators against New York State employee rosters to
identify any and all persons in delinquent status with the Buffalo Parking
Violations Bureau, and
That this Common Council requests that the State of New York take this
request under advisement and file a response of interest with the Buffalo
Parking Violations Bureau as soon as possible, and;
That the Common Council directs the Buffalo City Clerk's Office to
forward a certified copy of this resolution to New York State Governor Mario
Cuomo's Office.
ADOPTED.
No. 109
REQUEST ERIE COUNTY TO IDENTIFY
EMPLOYEES DELINQUENT WITH PARKING VIOLATIONS BUREAU
(ITEM NO. 159, C.C.P., DEC. 23, 1991)
That this Common Council requests the County of Erie to cooperate
with the City of Buffalo and compare a city provided computer list of names of
outstanding delinquent violators against Erie County employee rosters to
identify any and all persons in delinquent status with the Buffalo Parking
Violations Bureau, and
That this Common Council requests that County of Erie take this request
under advisement and file a response of interest with the Buffalo Parking
Violations Bureau as soon as possible, and;
That the Common Council directs the Buffalo City Clerk's Office to
forward a certified copy of this resolution to Erie County Executive Dennis
Gorski's Office.
ADOPTED.
No. 110
REQUEST LOCAL COLLEGES ASSIST
WITH PARKING VIOLATIONS BUREAU
(ITEM NO. 160, C.C.P., DEC. 23, 1991)
That this Common Council requests that the aforementioned colleges
and universities cooperate with the City of Buffalo Parking Violations Bureaus
request to permit the boot and tow of scofflaw vehicles located on college
property; and
That these colleges and universities consider the possibility of stopping
the issuance of semester report cards and college transcripts until all
outstanding summonses under the student's names are satisfied; and
That this Common Council requests the listed colleges and universities to
review the above and respond to the Buffalo Parking Violations Bureau as soon
as possible, and;
That the Common Council directs the Buffalo City Clerk's Office to
forward certified copies of this resolution to the listed colleges and
universities mentioned.
ADOPTED.
No. 111
Installation Of Additional Parking Meters
(Item # 67 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Operator's Of City Vehicles (GS)
(Item # 73 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 113
Plan To Hire New Firefighters (A&F)
(Item # 65 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
RE: ORDINANCE AMENDMENT
CHAPTER 78-28
PENALTIES FOR OFFENSES
(Item No. 193, C.C.P., 1/21/92)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 193, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI - 11.
NOES - COPPOLA, PITTS - 2.
No. 115
RE: ORDINANCE AMENDMENT
CHAPTER 137-7
SCHEDULE OF FINES AND PENALTIES
(Item No. 194, C.C.P., 1/21/92)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 194, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES - COPPOLA, PITTS - 2.
No. 116
RE: ORDINANCE AMENDMENT
CHAPTER 142
(Item No. 195, C.C.P., 1/21/92)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 195, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI - 11.
NOES - COPPOLA, PITTS - 2.
No. 117
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
(Item No. 196, C.C.P., 1/21/92)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 196, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI -11.
NOES - COPPOLA, PITTS - 2.
No. 118
ORDINANCE AMENDMENT
CHAPTER 307-11 PARKING VIOLATIONS
ITEM NO. 76, C.C.P., JAN. 7, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved to recommit the above item to the Committee on Finance;
seconded by Mr. Bell.
Mr. Zuchlewski moved as an amendment to approve the item; seconded by Mr.
Bakos.
PASSED.
AYES - AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI
- 9.
NOES - ARTHUR, COLLINS, COPPOLA, PITTS - 4.
No. 119
Ordinance Amendment/Chapter 307-11 Parking Violations (A&F)
(Item- # 66 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Ordinance Amendment/Chapter 316 Peddling Hours
(Item-# 197 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby referred
to committee on Legislation.
ADOPTED.
No. 121
ORDINANCE AMENDMENT
CHAPTER 413-59
(Item No. 198, C.C.P., 1/21/92)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 198, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI -12.
NOES - COPPOLA - 1.
No. 122
WESTERN NEW YORK
COMMUNICATIONS, INC. AGREEMENT
(ITEM NO. 51, C.C.P., JANUARY 21, 1992)
That the Corporation Counsel be and he hereby is authorized to
negotiate an agreement with Western New York Communications, Inc. for the
installation and operation of customer-owned currency operated telephones
within City right-of-ways, and
That the Corporation Counsel shall submit any such agreement so
negotiated to this Common Council for its approval prior to the execution
thereof.
ADOPTED.
No. 123
Easement/Payphones/Various Locations (PW)(# 44 10/1)
(Item # 95 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
WNY Communications/Pay Phones On City Property
(Item # 77 CCP Nov 26, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
WNY Communications/Pay Phones On City Property (PW)
(Item # 23 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Funding Of Central Referral Service's Computer System (HR)
(Item- # 69 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
AWARD BID - BOX OFFICE
EXCLUSIVITY AT MEMORIAL AUDITORIUM
(ITEM NO. 26, C.C.P., DECEMBER 23, 1991)
That the above item be returned to the Common Council without
recommendation.
Mr. Collins moved:
That the Board of Stadium and Auditorium be and hereby is authorized to
award a three-year contract for the provision of all professional services
necessary for the operation of a computerized ticketing service to Prime Seats,
Inc. and such contract shall, among other terms and provisions, provide for
Prime Seats, Inc. to pay to the City of Buffalo fifteen cents ($.15) per
admission ticket sold with a $25,000.00 annual payment in advance toward the
fifteen cents per ticket commission. The contract shall grant Prime Seats, Inc.
the exclusive right to sell tickets for all admission charging events presented
at Memorial Auditorium, excluding, but not limited to, the following events:
Buffalo Sabres games and Sabres sponsored sporting events; Canisius College
basketball games; other professional sports franchises which may sign a lease
agreement with the City of Buffalo during the term of the contract.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI - 11.
NOES - FAHEY, FRANCZYK - 2.
No. 128
Bids/Collect Uncollected Accounts (Compt)
(Item # 22 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Transworld System/Collect Past Due Accounts
(Item # 56 CCP Jan 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
EMERGENCY REPAIRS TO ASPHALT PAVER
BY GATEWAY EQUIPMENT CORPORATION
(ITEM NO. 35, C.C.P., JAN. 21, 1992)
That the Commissioner of Public Works be, and he hereby is, authorized
to make a payment to Gateway Equipment Corporation in the amount of $1,603.74
for emergency repair service to the Division of Engineering's Asphalt Paver,
with said cost for these repairs to be charged against the Division of
Engineering O&M Account #100-401-015-00-523.
PASSED.
AYES - 13 NOES - 0.
No. 131
REPORT OF EMERGENCY DEMOLITIONS
154 CHESTER, ETC.
(ITEM NO. 52, C.C.P., NOV. 12, 1991)
That the award by the Commissioner of Inspections and Community
Revitalization of various emergency demolition contracts and properties as
listed in Item No. 52, C.C.P., November 12, 1991, is hereby 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. 132
Opinion/Conflict Of Interest/A. DeFranks (CC)
(Item- # 54 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Report Of Audit/City Motor Vehicles (Compt)
(Item # 12 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 134
ORDINANCE AMENDMENT
CHAPTER 511, SECTION 511-68.1
HAMLIN PARK OVERLAY REVIEW DISTRICT
(ITEM NO. 199, C.C.P., JAN. 21, 1992)
That the Ordinance Amendment as contained in Item No. 199, C.C.P.,
January 21, 1992, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI - 12.
NOES - FAHEY - 1.
No. 135
Canisius/Oppose Changes/Hamlin Park Ordinance
(Item # 84 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Ordinance Amendment/Chapter 511/Hamlin Park Overlay (Fay.Plan)
(Item # 156 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Gal-Van Rezone 434 Edison To R-5
(Item # 92 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
RE: MANUFACTURER'S OCCUPANCY ACC'G
AND CONTROL, OWNER, PETITION TO USE 410 MAIN
STREET FOR A WALL SIGN
(Item No. 93, C.C.P., 1/21/92)
That after a public hearing held before the Committee on Legislation
on January 28, 1992 the petition of Manufacturer's Occupancy Acc'g and Control
to use 410 Main Street for a wall sign, be and the same hereby is approved, on
the condition that the Advisory Subcommittee approves the proposed sign.
PASSED.
AYES - 13 NOES - 0.
No. 139
RE: BUFFALO COLUMBUS HOSPITAL, OWNER,
PETITION TO USE 296 NIAGARA STREET
FOR A POLE SIGN
(Item No. 84, C.C.P., 11/12/91)
That after a public hearing held before the Committee on Legislation
on January 28, 1992 the petition of Buffalo Columbus Hospital to use 296
Niagara Street for a pole sign be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0.
No. 140
RE: RESTAURANT/DANCING CLASS 3 LICENSE
946 ELMWOOD AVENUE
(ITEM NO. 53, C.C.P., JUNE 19, 1990)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class 3 License to Halim A. Habib, d/b/a 946 Elmwood Avenue,
Inc., 946 Elmwood Avenue, and the same be, and hereby is approved.
Mr. Collins moved to recommit the above item to the Committee on Finance;
seconded by Mr. Pitts.
ADOPTED.
No. 141
EASEMENT - CAFE
25 LETCHWORTH
(ITEM NO. 54, C.C.P., SEP. 3, 1991)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Timothy F. Lucca, owner of property at 25
Letchworth Street, d/b/a Regans Backstreet Bar, to install a sidewalk cafe
which would encroach city right-of-way at said address, subject to the
following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed twenty feet in length or extend
more than nine feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of one dollar per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
Mr. Coppola now moved to receive and file the above item.
ADOPTED.
No. 142
Variance For Parking Pad/709 Linwood
(Item # 133 CCP Oct 29, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Parking Pad/709 Linwood (PW)
(Item # 30 CCP Nov 12, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Variance/Parking Pad/709 Linwood (ICR)
(Item # 85 CCP Dec 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Parking Pad 709/Linwood (CPBD)
(Item # 8 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Abandon/Sell Portion Of Seattle (PW)
(Item # 34 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Abandon/sell A Portion Of Seattle Street(CC)
(Item # 50 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Establish Police Advisory Board
(Item # 137 CCP Dec 10, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Status Of Buffalo Solid Waste Recycling
(Item # 81 CCP Jan 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
P. Bailly/Handicap Parking Violation Problems
(Item # 105 CCP Dec 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
P. Bailly/Handicapped Parking Violation Problems (Adv.Off.)
(Item # 7 CCP Jan 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Future Sites/3 Schools (Bd.Ed.)
(Item # 75 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Appointment of Robert Flowers
East District Member of the Board of Education
(Item No. 6, C.C.P., OCT. 24, 1991)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved to recommit the above item to the Committee on Legislation;
Seconded by Mr. Pitts.
Mr. Fahey moved as an amendment to approve the above item; seconded by Mr.
Bakos.
LOST
AYES- ARTHUR, BAKOS, FAHEY, HIGGINS, LOTEMPIO - 5
NOES-AMOS, BELL, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS, ZUCHLEWSKI- 8
Mr. Coppola now withdrew his motion to recommit the item; seconded by Mr.
Pitts.
Mr. Bakos now moved to receive and file the above item; seconded by Mr. Arthur.
ADOPTED.
AYES-AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI-10
NOES- ARTHUR, COPPOLA, PITTS-3
NO. 154
Appointment of Robert Flowers
Opinion - Conflict of Interest
(Item No. 22, C.C.P., Jan. 7, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 155
Pest Management Board Annual Report
(Item # 90 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 156
Hearing
L.D.A. Waterfront Parcel 7-Public Broadcasting
(Item No. 62, C.C.P. January 21, 1992)
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 February 4, 1992, at 2:00 P.M., and that
notice of same has been properly published in the Buffalo News, and a copy of
same is attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the
Common Council and the hearing be opened.
CARRIED
Appearances- DAVID SENGBUSH, COMMUNITY DEVELOPMENT - URBAN PAULY, PUBLIC
BROADCASTING, CHANNEL 17 - RICHARD DOBKINS, COUNSEL FOR DEVELOPER
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Western New
York Public Broadcasting Association, and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with the rules and Procedures
Prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City Clark has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That Western New York Public Broadcasting Association, and/or other
legal entity to be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal, is hereby approved as the Redeveloper
for a portion of Waterfront Redevelopment Project NYR-35.
2. That the Mayor, Chairman or Vice Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to convey the land described in the
proposed "Land Disposition Agreement" to Western New York Public Broadcasting
Association, 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. 157
DDI/Discount Prepayment- UDAG Olympic Tower Loan
(Item # 87 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Council Amendments To Land Disposition Agreements (CC)
(Item # 56 CCP Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
CONTRACT EXTENSION - MAINTENANCE
KING CULTURAL CENTER
(ITEM NO. 57, C.C.P., JAN. 21, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Commissioner of Community Development be, and he hereby is,
authorized to extend Contract 91586400 with Allstate Maintenance for exterior
renovation to the former St. Mary of Sorrows Church until May 29, 1992.
PASSED.
AYES - 13 NOES - 0.
No. 160
High St. Medical Center/Gateway Center (Mayor)
(Item # 2 CCP Feb 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Request Comments/Medical Campus RFP (CD)
(Item'# 162 CCP Dec 26, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Langston Hughes Unfinished Business
(Item# 191 CCP May 14, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 163
BY: MR. AMOS
BUDGET REFORM
(Use Of Revenue Enhancements Techniques)
WHEREAS: city populations get small and the property tax base
shrinks, the ability to deliver service is becoming difficult if not
impossible. Many city mayors and legislators are asking the property taxpayer
to pay more tax revenues while receiving fewer services and;
WHEREAS: this phenomena' is not unusual, over twenty seven states and
hundreds of cities and towns are currently doing the same. However, this
archaic approach can no longer be tolerated, especially in cities such as
Buffalo where over 41.5% of our taxable properties are tax exempt, or
$2,835,276,935 leaving 59% of the property taxpayers carrying 100% of the cost
of delivering basic services and;
WHEREAS: creative ideas are needed to create new and permanent revenue
streams that do not put a further burden on the already overburdened property
taxpayer and;
WHEREAS: my concerns center around the capability of the City accounting,
budgeting, reporting and financial systems to account for costs. If costs are
not known then beneficiaries of specific services cannot be neither be
identified nor can fees be charged to those beneficiaries who can make no valid
case for either economic or social subsidy by the general taxpayers. The net
result of course, is that massive amounts of general tax monies are unwittingly
diverted from those services which all pay for, and benefit from, the services
needed by the socially disadvantaged, to services provided to those who cannot
make the case for receiving those tax subsidies. In this case, ignorance
results in extremely poor public policy, higher taxes than should be levied,
far lower service levels than required, and a general cynicism by the citizens
about government in general, and;
WHEREAS: the following series of questions will hopefully provoke some
in-depth discussions at all levels of city government that heretofore have not
taken place. The answers to these general questions, or lack thereof, will
provide the impetus and basis for further exploration of the use of User Fees.
1. How many false alarms did the Police and Fire Departments respond to last
year? How much did each response cost? Were most of the false alarms from the
same locations? How much was the cost to the taxpayer for responding to those
repeated false alarms?
2. How much does it cost the City to process a rezoning request? How many
rezoning applications were made last year? How much did the City collect in
fees to defray the cost of these strictly private benefit requests? What was
the difference between the total City cost incurred in receiving, reviewing,
processing and deciding these private benefit rezoning requests and the fees
collected?
3. How much does it cost the City in overhead, administration, personnel,
insurance, fixed asset replacement, maintenance and operation, service and
supply, equipment, and other direct and indirect costs to rent a slip in the
City Marina? How much of that total cost is recovered by slip rentals? Who
makes up the difference between revenues collected and total costs incurred?
Why should the general taxpayer subsidize those who have boats?
4. Do we know whether the amount of tax subsidy making up the difference
between fees collected and costs incurred for adult and youth sports is lower
or higher for youth than for adults? If not, why not? How can we justify not
being sure that adults are paying more than kids? Put another way, are our
children be slighted?
5. Does he city have a complete inventory of all our depreciable fixed
assets at replacement cost? If so, are the following included? streets, traffic
signs and signals, storm drains, sanitary sewer lines, public buildings, all
equipment, trees, ballfields, backstops and lights, and all other things which
we must not only maintain but be prepared to pay for when replacement of
needed? Do we allocate fixed asset recovery out of the using service and
recover annualized cost from fees which we charge? If not, why not?
6. Do we have a three level total (not FMC 74-4) overhead and administration
allocation and charging system whereby all costs of City policy making,
's
administration and staff, and support services are spread over all the City
services and, where fees are charged, recovered as part of those fees?
7. Does the City Finance Department have a system for allocating to the
using Departments, Divisions and each specific service which they provide all
personnel and fringe benefit costs incurred in providing each and every
service? Tax supported services? Grant supported services? Special earmarked
revenue-financed services? Utility and enterprise services? Special, limited
and special purpose services received by only a few recipients?
8. Does the city have a complete list of all specific services which the
city provides and of the offsetting or subsidizing revenue source which
finances each of those specific services?
9. Does the city Finance Department, or any city operation, have records of
the assignment of costs for equipment, building occupancy, computer usage,
's operating
insurance, communications costs and other indirect expenses to the City
funds, departments, divisions and each service which the city provides to our constituents?
NOW, THEREFORE BE IT RESOLVED THAT: The Mayor, council President, Buffalo
Municipal Housing Authority, Buffalo Sewer Department and all other appropriate
city departments heads and divisions heads provided answers to any or all of
the above-mentioned questions that are applicable to their area of
responsibility.
BE IT FURTHER RESOLVED THAT the Mayor, Council President, Buffalo Municipal
Housing Authority, Buffalo Sewer Authority and all city Departments and
Divisions, BEDC, DDI, AND BURA responded within thirty days of this resolutions
adoption.
ADOPTED.
No. 164
BY: MR. ARTHUR
Memorialize State Legislature Reject proposed legislation NYS
Racing Association.
WHEREAS, there is proposed legislation relative to the New York
Racing Association . ( NYRA), which would seriously adversely impact the horse
racing industry in the State of New York; and
WHEREAS, said proposed legislation would accomplish or have the impact of
enabling the NYRA to accomplish the following specific items:
- Build teletheaters throughout New York State (currently prohibited
without local track & OTB permission).
- Buy an out-of-state race track.
- Move 90 days of New York State thoroughbred racing to an out-of-state
track.
- Televise in-home cable of NYRA thoroughbred racing without permission of
local tracks and OTB.
- Permit "No-Minimum Deposit" telephone betting accounts with NYRA
(currently $1,000 minimum at NYRA and $500 at other race tracks and OTB).
- Prohibit legislative control of NYRA imposed simulcast fees charged to
other race tracks & OTB's.
- Authorize the sale, by NYRA, of state owned Aqueduct Race Track.
- Authorize an additional take-out (.08%) from all bettors to finance bond
pay-back.
- Would allow NYRA to control and charge commissions on all out-of-state
thoroughbred simulcasts.
- Would extend NYRA franchise (which expires in 2000) to the year 2031.
WHEREAS, the Counties/Cities benefit directly from the operations of the
Western Regional Off-Track Betting Corporation, with revenues reaching as high
as $89-million systemwide in 1990 alone; and
WHEREAS, the New York Racing Association is State-operated and funded,
and makes no contribution back to the local governments; and
WHEREAS, the establishment of the New York Racing Association parlors
within Western New York will further erode the financial ability of the Western
Regional Off-Track Betting Corporation;
NOW, THEREFORE, BE IT RESOLVED that this Common Council does hereby
memorialize the New York State Legislature to reject the said proposed
legislation; and be it further
RESOLVED, that certified copies of this resolution shall be forwarded to
the Western Regional Off-Track Betting Corporation; the New York Racing
Association; Governor Mario Cuomo; WNY Legislative Delegation.
ADOPTED.
No. 165
BY: MR. BAKOS
REPORT ON THE NUMBER OF
CITY OF BUFFALO AND BOARD
OF EDUCATION EMPLOYEES
LIVING OUTSIDE THE CITY
WHEREAS: The number of City of Buffalo employees living outside
the City boundaries has been the topic of recent discussions; and
WHEREAS: Tax proposals and residency requirements for employees of the City
of Buffalo and Board of Education living outside the City of Buffalo once again
have resurfaced due to the present financial situation the City is
experiencing; and
WHEREAS: It is important to get an accurate assessment on the number of City
of Buffalo and Board of Education employees living outside the City of Buffalo
boundaries and the exact amount of money they earn.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body requests that the Comptroller file with the City Clerk a
departmental list of City of Buffalo and Board of Education employees living
outside the City of Buffalo and how much money they earn.
ADOPTED.
No. 166
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS -
DIVISION OF REAL ESTATE
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$20,000 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Division of Real Estate and said sum is hereby
reappropriated as set forth below:
FROM:
100 General Fund
04-3 Division of Real Estate
001 - Real Estate Management
Purchase of Services
572 - Legal Services $20,000
TO:
100 General Fund
04-3 Division of Real Estate
002 - In Rem
Purchase of Services
572 - Legal Services $20,000
PASSED.
AYES - 13 NOES - 0.
No. 167
BY: MR. COLLINS
INCREASED APPROPRIATION
RESERVED FUND BALANCE
APPROPRIATION ALLOTMENTS -
DEPARTMENT OF FIRE
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Fire be and the same hereby is increased in the sum
of $16,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $16,000 from 100-890-050 - Reserved Fund Balance for
Capital Budget Appropriations to meet this increased appropriation as set forth
below:
TO:
100 General Fund
10-4 Department of Fire
085 - Capital Outlay
960 - Special Structures & Fixed Equipment
Radio Dispatch Base Station $ 16,000
PASSED.
AYES - 13 NOES - 0.
No. 168
BY: MR. COLLINS
LOSS OF BLOCK GRANT FUNDS
WHEREAS: The City of Buffalo is in the middle of a serious budget
crisis; and
WHEREAS: The anti-abortion group, "Operation Rescue", intends to visit
Buffalo sometime in April with the main purpose of trying to close down several
clinics that provide abortions; and
WHEREAS: The Mayor of the City of Buffalo has publicly welcomed this action;
and
WHEREAS: A fairly new federal law, Public Law 101-625, "Protection of
individuals engaging in nonviolent Civil Rights demonstrations," seems to put
all CDBG funds in jeopardy should the City of Buffalo fail to enforce
applicable state and local laws against physically barring entrance to a
facility that is the subject of a demonstration; and
WHEREAS: The loss of CDBG funds will be the final nail in the fiscal coffin
of our city; and
WHEREAS: It is imperative for the City of Buffalo to follow all laws that
will protect the rights of all citizens regardless of their beliefs;
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel file with this Council its opinion of Federal Law
101-625, "Protection of individuals engaging in nonviolent Civil Rights
demonstrations"; and
BE IT FURTHER RESOLVED:
That the City Clerk's office forward this opinion to the Mayor of the City of
Buffalo by certified mail.
ADOPTED.
No. 169
BY: MR. COPPOLA
REQUEST TCI REASSESS
SENIOR RATES
WHEREAS: A few years ago, senior citizens were paying $6.50 per
month for cable T.V.; and
WHEREAS: The most recent increase being January of 1992, senior citizens are
now paying $19.05 per month for basic cable service; and
WHEREAS: Senior citizen groups have contacted TCI on behalf of their
members and inquired about recently added stations being deleted and rates
reduced; and
WHEREAS: The groups were informed if TCI did delete some programs in an
effort to reduce the rates, the senior citizens would lose their $2.00 per
month discount, and they would be paying $19.25 per month; and
WHEREAS: This Common Council recognizes that many senior citizens are
confined to their homes, on a limited or fixed income and simply can not afford
these prices.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests a reconsideration by TCI on their policy
pertaining to senior citizens because at the present rates, cable T.V. is
rapidly becoming a luxury item for those on fixed incomes.
ADOPTED.
No. 170
BY: MR. FAHEY
ORDINANCE AMENDMENT
CHAPTER 216-15 - RULES AND REGULATIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subdivision F of Chapter 216-15 of the Code of the City of Buffalo
be amended to read as follows:
F. The Commissioner of Street Sanitation shall cause to be made not less
than one (1) collection per week of garbage, ashes and rubbish from the several
streets of the city and not more than three (3) such collections per week from
the premises devoted to business, manufacturing, commercial or institutional
uses or multifamily dwellings housing over four (4) families provided, however,
that in the event the regularly scheduled day for the collection of garbage,
ashes and rubbish shall fall on a paid city holiday, the Commissioner, in his
discretion, may reschedule such collection to the same day of the following
week. [and shall remove therefrom] [n]Not more than one and one half (l 1/2)
cubic yards of such refuse material shall be removed from any one (l) premises
during such regularly scheduled collection, except ashes from a heating plant,
unless an additional charge is made and received therefor. Additional and
extra collections may be made or greater amounts of material may be removed
from premises only under the following conditions.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
R. Peter Morrow
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
RECEIVED AND FILED.
No. 171
BY: MR. FAHEY
APPOINTMENT OF ROVENEA TURNER TO LEAD ACTION TASK FORCE
WHEREAS: The Common Council and the Erie County Legislature have
recently formed a joint Lead Action Task Force to develop and promote
initiatives to prevent lead poisoning in Western New York; and
WHEREAS: While the first meeting of the Task Force was successful and
productive, there was a lack of participation by those directly affected by
lead poisoning; and
WHEREAS: Rovenea Turner has subsequently stepped forward as someone whose
family has been impacted by lead poisoning who is eager to help the Task Force
in its mission;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints Rovenea Turner who resides at 80 Riley
Street in Buffalo to the joint City-County Lead Action Task Force.
ADOPTED.
No. 172
BY: MR. FRANCZYK
EXTENSION OF ADDITIONAL 1% COUNTY SALES TAX
The renewable 1% Erie County sales tax provides more than $70
million in County revenues each year; and, The City of Buffalo receives a
portion of these revenues to benefit numerous community organizations and
county services; and The additional 1% sales tax expires on February 29, 1992
unless it is reed by the County Legislature; and, If the extension of the sales
tax is not approved, more than 2,000 county employees will be laid off, parks,
libraries and health clinics will have to be shut down, and aid to cultural and
human service organizations will be cut; and, The five point fiscal reform plan
unveiled by Ralph Mohr as a prerequisite to the approval of the sales tax
extension is unreasonable;
NOW THEREFORE BE IT RESOLVED:
That the Common Council request the Erie County Legislature to extend the 1%
County sales tax for 1992.
Mr. Fahey moved to adopt the above item; seconded by Mr. Franczyk.
Mr. Bakos moved as an amendment to receive and file the item; seconded by Mr.
Perla.
ADOPTED.
AYES - AMOS, ARTHUR, BAKOS, BELL, FAHEY, LOTEMPIO, PERLA, ZUCHLEWSKI - 8.
NOES- COLLINS, COPPOLA, FRANCZYK, HIGGINS, PITTS - 5.
No. 173
BY MR. FRANCZYK
REQUEST AN EXTENSION
FOR THE RELEASE OF
C.R.U.C.I.A.L. GRANT-IN-AID FUNDS
WHEREAS: The Coalition for the Redevelopment of an Unified Community
Involvement and Leadership (C.R.U.C.I.A.L.) received a grant-in-aid allocation
of $14,000.00 for the period of 1990-1991. A balance of $489.00 remains in this
account; and
WHEREAS: Upon the submission of the C.R.U.C.I.A.L. annual expenditure report
to the Department of Human Resources, The Comptrollers Office and the
Department of Audit and Control, $7,000.00 of the allocated 14,000.00 of the
1991-1992 grant was released; and
WHEREAS: C.R.U.C.I.A.L. was advised by the Comptrollers Office and The
Department of Audit and Control that the remaining $7,000.00 would not be
released for use until either the remaining balance of $489.00 of the 1990-1991
account was returned or an extension was granted from the Common Council
enabling C.R.U.C.I.A.L. to use the balance; and
WHEREAS: All C.R.U.C.I.A.L. accounts including accounts containing
grant-in-aid balances have been frozen since June 1991 denying use of the funds
; and
BE IT RESOLVED THAT:
The Buffalo Common Council grants an extension of time from June 30, 1991 to
June 30, 1992 to enable C.R.U.C.I.A.L. to clear the books of the $489.00 from
F.Y. 1990-1991 so that the remaining balance of the 1991-1992 Grant-In-Aid
account may be utilized.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI - 12.
NOES - PITTS - 1.
No. 174
BY MR. FRANCZYK
Sale of the former city playground at 104 Lewis Street to the
Polish Community Center of Buffalo, Inc. for the purpose of constructing Senior
Citizen housing.
WHEREAS: The Polish Community Center of Buffalo, Inc. [PCCB) is
a non-profit, community based organization based at 1081 Broadway in the City
of Buffalo; and,
WHEREAS: The PCCB is an experienced developer and manager of housing as proven
by its successful Neighborhood Preservation Co. housing program which provides
real estate services, housing development, landlord and tenant referrals as
well as renting 25 apartments of its own for Section 8 and refugee/emergency
housing; and,
WHEREAS: The PCCB has identified a need for single-bedroom handicapped
accessible apartments for senior citizens in the Lewis Street area; and,
WHEREAS: The organization sought to be designated as redeveloper for 104 Lewis
St. by the Buffalo Urban Renewal Agency to facilitate a grant application for
the New York State Low Income Housing Trust Fund Turnkey program; and,
WHEREAS: The Department of Community Revitalization was first contacted as
early as October 21, 1991 regarding this project, which faced a January 15,
1992 application deadline; and,
WHEREAS: The department did not take action to request the BURA designation
until the proposal was placed on the agenda for the January 7, 1992 BURA
meeting, just eight days before the application was due for the state funding;
and,
WHEREAS: The item for the PCCB designation as redeveloper was tabled without
explanation at the January 7, 1992 BURA meeting, thus effectively killing the
estimated $1,000,000 construction project until the next round of state funding
is announced; and,
WHEREAS: No city subsidy was requested for this project which would be
constructed entirely by the developer and reimbursed by the Turnkey program;
and,
WHEREAS: The failure of BURA to move this project removes the advantage that an
early project submission would bring to the PCCB, thus risking the potential
limiting of Turnkey funds by state budget problems and increased competition
state-wide for the program; and,
WHEREAS: An alternative to the BURA designation would be a sale of this parcel
to the PCCB outright, which would enable the organization and its contractor to
proceed to complete the grant proposal for submission to the state at next
deadline of April 15 without the concern of continued delays caused by BURA;
and,
WHEREAS: At one time this vacant lot was the site of School 25, after the
demolition of the school in 1969 the parcel became a playground which recently
was replaced by the adjacent Gus Franczyk Park across Lewis Street; and,
WHEREAS: The value of the site is limited due the fact that the entire lot is
covered with crumbling blacktop and contains numerous foundations for play
equipment that would have to be cleared before construction; and,
WHEREAS: The possibility of subsurface foundations that remain from the old
school might also hamper construction at the site, although plans call for slab
on grade construction that should alleviate any extraordinary costs that might
be incurred by foundation problems.
NOW THEREFORE BE IT RESOLVED:
That this Common Council approves the sale of 104 Lewis Street to the
Polish Community Center of Buffalo, Inc. for the price of $1.00 for the purpose
of constructing senior citizen housing on the site.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 175
BY: MR. HIGGINS
Appeal to TOPS to build new corporate headquarters
in city of Buffalo
WHEREAS: It has been reported in several area trade and business
publications that TOPS Markets, Inc. is currently exploring sites for a major
building program to include a new corporate headquarters; and
WHEREAS: TOPS Markets has been a Buffalo institution for 30 years and
currently owns or leases several buildings on Dingens Street that headquarters
various divisions. Additionally, TOPS operates 58 supermarkets, 77 Wilson Farms
convenience stores and 10 B-Kwik supermarkets, many of which are located in the
City of Buffalo; and
WHEREAS: Buffalo's future as a vibrant urban center is dependent on the
support and confidence of its corporate community to invest in the City's
future to insure business expansion and job retention; and
WHEREAS: In recognition that quality of life is a potent inducement to
economic expansion, the City of Buffalo has invested considerable capital and
planning resources to foster a strong public/private partnership; and
WHEREAS: The recently opened Rotary Rink, the Rapid Transit System, Pi lot
Field, and city Waterfront redevelopment planning to complement the diverse
entertainment and cultural offerings of Buffalo's historic theater district are
but a few examples of the city's rich heritage and proud tradition; and
WHEREAS: TOPS Markets has shared in that proud tradition.
NOW, THEREFORE BE IT RESOLVED:
The City of Buffalo Common Council appeals to TOPS Markets' sense of corporate
citizenship to urge consideration of the city of Buffalo for the site of their
new corporate headquarters; and
BE IT FURTHER RESOLVED:
That the Department of Community Development and the Buffalo Development
Companies report to this Common Council the status of the City's involvement in
efforts to keep TOPS in Buffalo.
ADOPTED.
No. 176
BY: MR. HIGGINS
REMEMBRANCE OF THE TWENTIETH ANNIVERSARY OF BLOODY SUNDAY
WHEREAS: In the late 1960's peaceful opposition to internment and
anti-Catholic discrimination in Northern Ireland led to large protest marches;
and
WHEREAS: On January 30, 1972 one such peaceful protest was indiscriminately
fired upon by a British Army Parachute regiment and 13 demonstrators were
killed; and
WHEREAS: The Widgery Report acknowledges all victims were unarmed, most were
shot in the back, and that the killings were "'reckless" but no British soldier
was prosecuted; and
WHEREAS: Jack Duddy, Patrick Doherty, Hugh Gilmore, Bernard McGuigan, John
Young, Michael McDaid, William Nash, Michael Kelly, Kevin McElhinney, James
Wray, Gerald McKinney, Gerald Donaghy and William McKinney sought the rights of
equal citizens and paid the ultimate price for challenging British garrison
rule; and
WHEREAS: The recent Helsinki Watch, Amnesty International and U.N. Committee
on Torture Reports prove that 20 years later the British still deny basic
rights to Catholics.
NOW, THEREFORE BE IT RESOLVED:
That this body remembers those who in Derry that day sought justice and
received a tyrants response, and that we remember their families recognizing
the long struggle for justice their loved ones began continues today.
ADOPTED.
No. 177
BY: MR. HIGGINS
Request Authorization to Apply
for Land and Water Conservation
Fund Grant
Whereas, up to $5,000,000 in FY 1993 Land and Water Conservation
Fund grants may be available for the acquisition and development of outdoor
recreation areas; and
Whereas, the New York State Office of Parks, Recreation and Historic
Preservation is currently accepting preliminary applications for grants under
the Land and Water Conservation Fund, whose deadline for submission is February
14, 1992; and
Whereas, the Department of Community Development is preparing a
preliminary application, on behalf of the City of Buffalo, to acquire a 49.5
acre parcel, commonly known as "Gallagher Beach," from the Niagara Frontier
Transportation Authority for future recreational development; and
Whereas, the Land and Water Conservation Fund grant will be matched by
City Bond or Community Development Block Grant funds.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo:
That the Mayor of the City of Buffalo be, and hereby is, authorized to
submit a Land and Water Conservation Fund Preliminary Application to the New
York State Office of Parks, Recreation and Historic Preservation; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute project agreements for such financial assistance, upon
such terms and conditions prescribed therefore by the state; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
execute whatever other documents or take measures which are necessary to
effectuate such financial assistance.
PASSED.
AYES - 13 NOES - 0.
No. 178
BY: MR. PITTS
ORDINANCE AMENDMENT
SECTION 9 OF CHAPTER 35
SALARY AND WAGE SCHEDULE "G"
(PIPE CAULKER'S & REPAIRMEN'S LOCAL # 18029)
1989-90 AND 1990-91
The Common Council of the City of Buffalo does hereby ordain as follows:
That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances
of the City of Buffalo relating to Salary and Wage Schedule "G", Pipe Caulker's
and Repairmen's Local # 18029 is hereby amended to read as follows on the
attached schedule:
SALARY & WAGE SCHEDULE "G"
1989-90
SCHEDULE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
G 1 19,052 19,871 20,693 21,517
22,338
G 2 19,350 20,171 20,993 21,815
22,638
G 3 22,115 23,139 24,165 25,191
26,217
THIS SCHEDULE "G' SHALL BE EFFECTIVE RETROACTIVE TO JULY 1,1989.
THIS SCHEDULE IS APPLICABLE TO MEMBERS OF PIPE CAULKERS AND REPAIRMENS' LOCAL #
18029.
SALARY & WAGE SCHEDULE "G"
1990-91
SCHEDULE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
G 1 20,005 20,865 21,728 22,593
23,455
G 2 20,318 21,180 22,043 22,906
23,770
G 3 23,221 24,296 25,373 26,451
27,528
THIS SCHEDULE "G" SHALL BE EFFECTIVE RETROACTIVE TO JULY 1,1990.
THIS SCHEDULE IS APPLICABLE TO MEMBERS OF PIPE CAULKERS AND REPAIRMENS' LOCAL #
18029.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
R. Peter Morrow
ACTING CORPORATION COUNSEL
PASSED.
AYES - 13 NOES - 0.
No. 179
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
DIVISION OF WATER
1989
(PIPE CAULKERS AND REPAIRMEN LOCAL # 18029)
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section l of Chapter 35 of the Ordinances of the City of Buffalo,
relating to the various departments listed below, relating to positions covered
by the Pipe Caulkers and Repairmen Local # 18029 bargaining agreement, is
hereby amended to read as follows:
(Note: Old salaries are in brackets)
98 - DEPARTMENT OF WATER
015 - DISTRIBUTION SYSTEMS
10 CAULKER SUPERVISOR I (21,264 -25,209 ) 22,115 -26,217
30 CAULKER (18,606 -21,767 ) 19,350 -22,638
6 MACHINE OPR. (WATER) (18,319 -21,479 ) 19,052 -22,338
This ordinance shall be effective retroactive to July 1, 1989.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget recommend that the compensation for said
positions be raised and fixed at the respective amounts set forth in the
foregoing ordinance.
WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to
Section 454 of the Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
PASSED.
AYES - 13 NOES - 0.
No. 180
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
DIVISION OF WATER
1990
(PIPE CAULKERS AND REPAIRMEN LOCAL # 18029)
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section l of Chapter 35 of the Ordinances of the City of Buffalo,
relating to the various departments listed below, relating to positions covered
by the Pipe Caulkers and Repairmen Local # 18029 bargaining agreement, is
hereby amended to read as follows:
(Note: Old salaries are in brackets)
98 - DEPARTMENT OF WATER
015 - DISTRIBUTION SYSTEMS
10 CAULKER SUPERVISOR I (22,115 -26,217 ) 23,221 -27,528
30 CAULKER (19,350 -22,638 ) 20,318 -23,770
6 MACHINE OPR. (WATER) (19,052 -22,338 ) 20,005 -23,455
This ordinance shall be effective retroactive to July 1, 1990.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget recommend that the compensation for said
positions be raised and fixed at the respective amounts set forth in the
foregoing ordinance.
WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to
Section 454 of the Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
R. Peter Morrow
Acting Corporation Counsel
PASSED.
AYES - 13 NOES - 0.
No. 181
BY: MR. PITTS
NEGOTIATE AGREEMENT ON FOUNTAIN PLAZA/
ROTARY RINK
WHEREAS: The Fountain Plaza/Rotary Rink was recently opened, the
rink cost a total of 5.5 million dollars to construct, and
WHEREAS: The ice rink will be maintained by the City of Buffalo, Buffalo
Urban Renewal Agency and Buffalo Place, Inc. The City of Buffalo in addition
to providing well over a million dollars in capital bond funds and Community
Development Block Grant funds will be expected to pay $50,000 annually to
maintain the facility, and
WHEREAS: The ice rink is to have a service building which will provide
rental of equipment and concessions for the rink. This building is not
completed for this season, but is expected to be fully operative for next year,
and
WHEREAS: The Buffalo Urban Renewal Agency will manage the Service Center.
However, there is no agreement which would determine the use of revenues
generated particularly by the concessions. B.U.R.A. has proposed to issue a
Request for Proposal for the concessions, and
WHEREAS: Given the City of Buffalo's substantial expenditure of public
monies to accommodate this ice rink, any revenues generated by the Service
Center should be returned to the City to offset its expenditures.
NOW THEREFORE BE IT RESOLVED THAT: The Buffalo Urban Renewal Agency and
Department of Community Development develop a Management Agreement with the
City of Buffalo to return revenues generated by the Fountain Plaza/Rotary Ice
Rink back to the City of Buffalo to offset its expenses.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 182
BY: MR. PITTS
ASSISTING CITY CENTRE PROJECT
WHEREAS: The City Centre project is a Downtown housing development
project which proposes to renovate the former Nemmer Building in the Theatre
District into condominiums. The total cost of the project will be well over
five million dollars, and
WHEREAS: The project has been sanctioned by the City of Buffalo, however, it
is essentially a private venture which has been developing during the past
three years. The project will include commercial space in addition to its
residential components, and
WHEREAS: The project is at a critical juncture in its financing where
construction is scheduled to begin this spring. In order to assist in the
expedition of the necessary financing, the City of Buffalo may assist by
providing a guarantee, which would not require the expenditure of dollars, but
would allow City Centre to secure its present financing, and
WHEREAS: The City Centre project will be a showplace for Downtown housing,
prospective tenants are anxiously awaiting its construction start and
completion.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council request the Department of
Community Development to provide a recommendation to assist the City Centre
project financing.
ADOPTED.
No. 183
BY: MESSRS. PITTS AND COPPOLA
COUNCIL HOLD PUBLIC HEARINGS AND TOWN MEETINGS ON ANY PROPOSAL
TO IMPLEMENT USER FEES IN THE CITY OF BUFFALO
WHEREAS: The Mayor of -the City of Buffalo has proposed to implement
a policy to impose a "user fee" for basic City services It is proposed that
this fee could raise approximately $30 million in revenue to be used as part of
a deficit reduction plan, and
WHEREAS: The user fee proposal is to be modeled after the City of Rochester,
New York, where user fees were implemented at least twelve years ago.
Recently, a delegation of City administration and Common Council
representatives visited Rochester to get a first hand view of the program, and
WHEREAS: A specific proposal is being developed by the City administration
on both a user fee and commuter tax, and
WHEREAS: The public reaction to a proposed user fee has been extremely
negative. Interestingly, the public has reacted negatively to being charged
for trash, garbage and snow removal when most of last year trash and garbage
sat uncollected in front of their homes for months!, and
WHEREAS: Proponents of the user fee are suggesting that there be non-public
meetings to discuss potential proposals. It is our view that the public has a
right to know and should be involved in any discussions concerning the
implementation of any user fee by the City of Buffalo.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council sponsor a series of
Public Hearings and Town Meetings to allow the citizenry of Buffalo to express
their concerns, objections, etc. on any proposed establishment of a user fee.
REFERRED TO THE COMMITTEE ON LEGlSLATION.
No. 184
BY: MR. ZUCHLEWSKI
REQUEST ALL CITY DEPARTMENTS TO PROVIDE INFORMATION CONCERNING
THE USE OF CITY OWNED VEHICLES
WHEREAS: The City of Buffalo has an undetermined number of automobiles
assigned to employees on a 24 hour basis in various city departments; and
WHEREAS: There doesn't appear to be any complete listing of which employees
are assigned vehicles on a 24 hour basis; and
WHEREAS: In a communication to the Common Council, the Commissioner of
General Services has suggested we request this information from each city of
Buffalo Department head; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests that each City of Buffalo Department head
including the Council President, Comptroller and Mayor, file a report detailing
the number of vehicles assigned to employees or other officials on a 24 hour
basis and;
BE IT FURTHER RESOLVED THAT:
This report to the Common Council should include the names of the employees or
officials assigned vehicles on a 24 hour basis, the purpose for assigning them
the vehicle on a 24 hour basis and the licence number of the assigned vehicles;
and
BE IT FINALLY RESOLVED THAT:
These reports be filed with the City Clerk's Office by 2:00 P.M. February 13,
1992.
ADOPTED.
No. 185
BY: MR. ZUCHLEWSKI
PETITION TO REMOVE
VICTOR TURCHIARELLI
WHEREAS: Victor J. Turchiarelli, the West District Representative
on the Buffalo Board of Education, has not attended or participated in a
meeting of the Board in over a year; and
WHEREAS: Mr. Turchiarelli's reason for not attending the meetings is health
related and center on an injury to his back; and
WHEREAS: While Mr. Turchiarelli may well be physically unable to fulfill his
duties and responsibilities as an elected official, he has, nevertheless,
failed to provide legitimate representation for the people of his community;
and
WHEREAS: Attempts to remove him from office and calls for his resignation have
been made by a variety of people throughout the community, and petitions asking
for his removal have been sent to state Education Commissioner Thomas Sobol;
and
WHEREAS: It is in the best interest of the citizens of the city of Buffalo that
a participatory, legitimate representative serve as the West District
Representative on the Buffalo Board of Education.
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the city of Buffalo formally states its conviction
that Victor Turchiarelli has failed to meet his responsibilities as the West
District Representative on the School Board; and
BE IT FURTHER RESOLVED:
That this Common Council requests and urges Victor Turchiarelli, in the best
interest of the city, to resign his seat on the School Board; and
BE IT FURTHER RESOLVED:
That this Honorable Body requests that New York State Education Department
Commissioner Thomas Sobol reconsider his ruling to allow Mr. Turchiarelli to
remain on the Board; and
BE IT FINALLY RESOLVED:
That the City Clerk is directed to certify passage of this resolution and
forward copies to the State Education Department.
ADOPTED.
AYES - AMOS, BAKOS, BELL, FAHEY, FRANCZYK, LOTEMPIO, ZUCHLEWSKI - 7.
NOES - ARTHUR, COLLINS, COPPOLA, HIGGINS, PERLA, PITTS - 6.
No. 186
BY: MR. ZUCHLEWSKI
MEMORIALIZE GOVERNOR AND STATE LEGISLATURE
TO ESTABLISH CITY OF BUFFALO LOTTERY
WHEREAS: Projections from the Comptroller and the Director of Budget
indicate that the City of Buffalo will finish the 1991-92 fiscal year with a
deficit of $22 million; and
WHEREAS: The deficit for the following fiscal year has been estimated at $48
million; and
WHEREAS: The fiscal problems of the City of Buffalo are compounded by the
financial plight of the State of New York which has been forced to cut revenues
to cities; and
WHEREAS: The Common Council, in conjunction with the Comptroller and the
Administration, has been working to discover methods to close the projected
budget shortfalls by proposing several means to generate additional revenues
while cutting expenses as much as possible; and
WHEREAS: A proposed "User Fee" for the collection of garbage, street
cleaning and snow removal was met by a great deal of opposition from the
Council and the Community; and
WHEREAS: New York State, Erie County, and neighboring municipal elected
officials assailed a proposed "Commuter Tax" to raise revenue from people
residing outside of but working within the boundaries of the city; and
WHEREAS: Without a major revenue generating mechanism, the City will be
compelled to make drastic cuts in basic city services by eliminating hundreds
of jobs affecting hundreds of city workers; and
WHEREAS: If the city were able to conduct a lottery, with revenues dedicated
to the city's operation and maintenance budget, it seems feasible that millions
of dollars could be raised to avert the devastating effects from the loss of
city jobs and city services; and
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo memorializes the Governor of New
York and the New York State Legislature to take the necessary steps to permit
the City of Buffalo to establish and conduct a city lottery to raise revenues
dedicated to the city's general operations and maintenance budget as a means to
reduce projected deficits; and
BE IT FURTHER RESOLVED:
That the City Clerk be and hereby is directed to forward certified copies of
this resolution to the Governor of New York, the Secretary to the New York
State Senate, the Clerk of the New York State Assembly and the Western New York
delegation of state legislators.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL
AYES - AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI - 12.
NOES - ARTHUR - 1.
No. 187
BY MR. ZUCHLEWSKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
In Memoriam for Jose R Rizzo
By Councilmember Zuchlewski
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. 188
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:
Steven Baskin
Barbara J Bono
Carol A. Grabar
Shirley A. Graziadei
Helene H. Kramer
Augustine J. Zogaria
Ernie A. Stephens
Frank J Longo
Dennis E. Gospodarski
Donna C. Gospodarski
TOTAL: 10
ADOPTED.
No. 189
BY: MR. ZUCHLEWSKI
Appointments Commissioners of Deeds
Required for the Proper Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Mary E. Fleming
Dana L. Hearon
TOTAL: 2
ADOPTED.
No. 190
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, FEB 11, 1992 9:30 AM
FINANCE Tuesday, FEB 11, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, FEB 11, 1992 2:00 PM
ECONOMIC DEV. Wednesday, FEB 12, 1992, 10:00 AM
No. 191
Adjournment
On motion by Mr. Fahey Seconded by Mr. Perla, the council adjourned
at 4:30 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.