HomeMy WebLinkAbout92-0428
1No. 9
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 28, 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 BUDGET
: Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman
M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon.
Joel A. Giambra, Mr. Richard Planavsky.
SPECIAL COMMITTEE ON CATV
: Hon. James W. Pitts, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
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.
TASK FORCES
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Alfred T.
Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony
Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George
Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald
Quinlan, Rev. Bennett Smith.
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.
EDUCATION FUNDING FORMULA REVIEW TASK FORCE-
Hon. Brian M. Higgins, Chairman;
Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson,
Dr. Oscar Smuckler.
POLICE REORGANIZATION TASK FORCE-
Hon. Eugene M. Fahey, Chairman; Hon. George
K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE-
Hon. Alfred T. Coppola, Chairman; Hon.
Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, April 28, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Coppola, Fahey, Franczyk, Higgins, Perla, Pitts, and Zuchlewski -
11.
ABSENT - Council Members Collins, and Lotempio- 2.
On a motion by Mr. Fahey, seconded by Mr. Bell, the minutes of the stated
meeting held on April 14, 1992, and the Special Meeting held April 21, 1992,
were approved.
FROM THE MAYOR
No. 1
Veto Message - Local Law Introductory No. 2 (1992), Payment of Parking Fines by
Credit Card
Item No. 123 CCP March 17, 1992
Item No. 162 March 3, 1992
The above local law initially appeared to be good idea for increasing
City revenues by allowing citizens to pay their parking fines by credit card.
However, during the public hearing held on this matter, the Director of the
Division of Treasury raised a number of concerns which compel me to veto Local
Law Introductory No. 2 (1992).
Equipment start-up costs, monthly charges for designated telephone lines, plus
the fees charged by banks on the monies collected would result in a loss of
revenue for the City.
Time delays involved in completing credit card transactions and telephone
delays for credit confirmation would necessitate the employment of more
personnel which the City can ill afford at this time.
The Officer of Court Administration and the Comptroller of New York City, both
of whom have experimented with credit card payment of fines and penalties, have
scrapped their programs and have strongly suggested that the City of Buffalo
not become involved in a program which, in their experience, did not result in
the generation of any new revenues.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 2
Reappointment of members of Board of Appeals
Pursuant to the powers vested in me by Chapter 511, Section 121,
Article XXIV of Part II of the Code of the City of Buffalo, I hereby reappoint
the below listed persons as members of the Board of Appeals for terms expiring
March 11, 1995:
Albert H. Jarrett, Sr. 42 Meadow View Place
Buffalo 14214
Joseph F. Kelly 24 Clio Avenue,
Buffalo, 14220
I hereby certify that both Albert H. Jarrett, Sr. and Joseph F. Kelly are
fully qualified for reappointment to the Board of Appeals.
RECEIVED AND FILED.
No. 3
Appointment of members of the Buffalo Water Board
Under the authority granted me by Section 1048-F of title Two-B
Article Five of the Public Authorities law, I hereby appoint, subject to
confirmation by Your Honorable Body the following seven members to the Buffalo
Water Board.
To the position of Chairman for a two year term ending December 31, 1994,
I appoint Ronald J. Anthony residing at 27 Lorelee Drive, Town of Tonawanda,
MY 14150.
To the position of member for a two year term ending December 31, 1994, I
appoint Michael J. Martin, residing at 76 Camden Avenue, Buffalo, NY 14216 and
Rosanne Frandina residing at 88 Fordham Road, Buffalo, NY 14216.
To the position of member for a one year term ending December 31, 1993, I
appoint:
Glowver Knight 152 Glenwood Avenue Buffalo, MY 14209
Ronald Carnevale 572 Richmond Avenue Buffalo, MY 14222
Paul R. Hojnacki 81 Huntley Road Buffalo, MY 14215
Craig E. Speers 140 Winston Road Buffalo, MY 14216
I hereby certify that the above named persons are fully qualified to
serve as Chairman and members of the Buffalo Water Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 4
Appointment of members of Board of Directors of the Buffalo Municipal Water
Finance Authority
Under the authority granted me by Section 1048-C of title two-B
of Article five of the Public Authorities Law, I hereby appoint, subject to
confirmation by Your Honorable Body, two public members to the Buffalo
Municipal Water Finance Authority:
To a two-year term ending December 31, 1994, I appoint Joseph Paladino,
Breakwater Town Homes, 235 Lakefront Blvd., Buffalo, NY 14202.
To a one-year term, ending December 31, 1993, I appoint Marie F. Currie,
449 Highgate Ave., Buffalo, NY 14215.
I hereby certify that the above-named persons are fully qualified to
serve as members of the Board of Directors of the Buffalo Municipal Water
Finance Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 5
J. White - Request to install an encroaching awning sign on the Pearl Street
side of 710 Main Street.
Item No. 38, C.C.P., March 31, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above request pursuant to Section 413-56 of the
Buffalo Code, the Review of Right-of-Way encroachments.
The applicant, Studio Arena Theater, seeks to place an awning/sign
measuring 5 feet high, 6 feet wide, and projecting 3 feet into the
right-of-way.
The site is located in the DO zone which permits such signs and is also
within the Theater Historic Preservation District. The Buffalo Preservation
Board gave its approval for the sign at its meeting of April 16, 1992 and has
therefore completed its S.E.Q.R. review. Moreover, the Department of Public
Works has recommended that Your Honorable Body grant the applicant a "mere
license" for the awning sign.
Given this, the Planning Board voted to approve the proposed awning sign.
RECEIVED AND FILED.
No. 6
V. Holden - Request to place a pole sign at 956 Niagara.
Item No. 104, C.C.P., March 31, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above request pursuant to Section 387-19 and 511-68 of
the Buffalo Code, the Review of Pole Signs and the Niagara Coastal Special
Review District.
The applicant seeks to place a 6-foot 8-inch by 9-foot 4-inch
illuminated, accessory, pole sign. The sign will be 19 feet in overall height.
The site is located in a C2 zone which permits such signs. Under
S.E.Q.R., the sign is considered a Type II action which does not require
further environmental review.
At its meeting of September 23, 1986, the City Planning Board recommended
to Your Honorable Body that only one sign similar to the one described above be
placed at the corner of Niagara and Hampshire Street. The applicant had
requested two such signs with the second sign to be placed on the corner of
Busti and Hampshire. Your Honorable Body agreed with the Board's
recommendation and only the one sign was allowed.
In considering its earlier recommendation, the Board heard from the new
owners of the property that traffic on Busti Avenue cannot see their property,
and that this has resulted in a significant loss of revenue. Therefore, the
second pole sign was necessary.
Given this, the Board voted to approve the second sign for the applicant,
since both the existing and the proposed sign are allowed in the district.
Moreover, it was felt that the proposed sign would improve the site's
visibility.
RECEIVED AND FILED.
No. 7
T. Trigilio - Request to erect addition to existing one-story car sales
building. -2939 Bailey Ave.
Item No. 125, C.C.P., April 14, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above application pursuant to Section 511-65 of the
Buffalo Code, the Kensington-Bailey Special Zoning District.
The applicant seeks to expand an existing used car sales operation by
constructing two one-story masonry building additions. These include a shop
area addition measuring 32.95 feet by 30 feet, or 988.5 square feet, and an
office addition measuring 15 feet by 28.15 feet, or 422.25 square feet. The
total square footage of the additions will be 1411 square feet in gross floor
area.
The site is located in the Kensington-Bailey zone which permits auto
sales operations of this type. Under S.E.Q.R., the proposed addition is
considered an unlisted action which may be studied through uncoordinated
review.
Concerns arose over whether the shop addition would be used for collision
work - a function which is not allowed in the KB zone. The applicant, Mr.
Trigilio, indicated that no collision work would be done and that the shop
addition would be used for detailing work which is accessory to the used car
operation only.
The Planning Board voted to approve the application on the condition that
no collision work be undertaken on the premises.
RECEIVED AND FILED.
No. 8
M. McCarthy - Request to place an accessory, encroaching, pole sign at 1241 E.
Lovejoy.
Item No. 126, C.C.P., April 14, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above request pursuant to Sections 387-19 and 413-67
of the Buffalo Code, Review of Right-of-Way Encroachments and Pole Signs.
The applicant seeks to erect an illuminated accessory pole sign with a
sign face area of 48 square feet (6 feet by 8 feet) and an overall height of 20
feet. The site is located in a C1 zone which permits such accessory signs (see
Section 219, 4 of the Buffalo Code). The sign will also over hang into the
right-of-way (it will not be built on the right-of-way). In this regard, the
Department of Public Works has recommended to Your Honorable Body that the
applicant be granted a "mere license" for the encroachment (Item No. 41,
C.C.P., March 31, 1992).
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 proposed sign.
RECEIVED AND FILED.
No. 9
The Hop Inc. - Application to expand an existing outdoor bar area at 325
Fuhrmann Blvd.
Item No. 127, C.C.P., April 14, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above application pursuant to Section 511-67 of the
Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to expand an outdoor bar area and install a drink
rail. The proposed renovation measures 26 feet by 13 feet, or 338 square feet
in gross floor area. Interior renovations as well as handicapped access is
also proposed by the applicant.
The proposed additions comply with the regulations of both the special
district as well as the underlying zone (M3). Under S.E.Q.R., the matter is
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the application as presented by the
applicant.
RECEIVED AND FILED.
No. 10
Department of Public Works
Awning/sign encroachment at
2133 Genesee Street.
Item No. 51, C.C.P., April 14, 1992.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered the above request pursuant to Section 413-56 of the
Buffalo Code, the Review of Right-of-Way Encroachments.
The applicant seeks to place an awning sign which will encroach 1.5 feet
into the right-of-way. The proposed awning will be approximately 160 square
feet in area and will contain lettering and graphic material.
The site is located in a C2 zone which does not prohibit such sign
devices. The Department of Public Works has reviewed the encroachment and has
recommended that Your Honorable Body grant a "mere license." Lastly, under
S.E.Q.R., the proposed awning sign is considered a type II action which does
not require further environmental review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 11
Department of Community Development Community Wide Urban Renewal Homestead
Program - Plan Amendment.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered a plan amendment pursuant to Section 505 of the General
Municipal Law.
The amendment involves the Community Wide Urban Renewal Homestead
Program, which was approved by Your Honorable Body on September 18, 1984 (No.
279). Section E of the plan permits additional supplements for housing.
Specifically, this amendment identifies city-owned property throughout
the city (see attached). The inclusion of these properties into the Urban
Renewal Homestead Program will expedite the ongoing in-fill housing program
currently being undertaken by the Department of Inspections and Community
Revitalization.
Pursuant to state Law, the City Planning Board conducted a public hearing
for the proposed supplement. Opponents and proponents were invited to speak.
The Board heard testimony from personnel from the Department of Inspections and
Community Revitalization.
After due deliberation, the Board voted its unqualified approval for the
amendment and noted that under S.E.Q.R., it is considered an unlisted action
which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 12
Department of Community Development Jefferson Ave. Commercial Urban
Revitalization Area (C.U.R.A.) Plan Amendment to change use designation from
commercial to residential.
The City Planning Board at its regular meeting held Tuesday, April
21, 1992, considered a major plan amendment for the Jefferson Avenue C.U.R.A.
which involves a change in use from commercial to residential for a 1.738 acre
parcel bounded on the north by Landon Street, on the west by Jefferson Avenue,
on the south by Riley Street, and on the east by the property lines of
residences on Landon and Riley Streets (see attached survey and map). The new
land use designation would permit the construction of 16 units of single-family
housing. This development is being undertaken by the Buffalo Neighborhood
Revitalization Corporation.
Pursuant to state law, the City Planning Board conducted a public hearing
on the matter. Opponents and proponents of the plan amendment were invited to
speak. After hearing from personnel from the Department of Inspections and
Community Revitalization, the City Planning Board voted its unqualified
approval.
The Board voted its unqualified approval for the land use designation
since the site has been unable to attract developers for commercial use.
Moreover, the proposed housing would help to fill the need for affordable
housing in the Masten District. Lastly, the Board notes that under S.E.Q.R.,
the proposed action, since it involves a change of land use, would be
considered an unlisted action which may be studied through uncoordinated
review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE BUFFALO ARTS COMMISSION
No. 13
NFTA Pole Signs
No. 46 C.C.P. 10/1/91
No. 19 C.C.P. 11/23/91
No. 6 C.C.P. 1/7/92
No. 10 C.C.P. 2/4/92
The above referenced item concerns the NFTA's request for encroachment
on the City ROW for ten illuminated pole signs along Main Street intended to
identify Metro stations.
Since the Arts Commission's last communication to Your Honorable Body on
this subject we have met at length with Tony Schill, manager of Metro
Construction and his design staff. In addition to members of the Arts
Commission assisting in a redesign effort we have enlisted the services of
Prof. Don Glickman as a professional advisor from the SUNY School of
Architecture and Planning who is an expert on urban signage.
The NFTA has agreed to reevaluate its performance standards and design
criteria for this project which, we believe, will result in a vastly improved
design product. We will have a follow up meeting with the NFTA next week and
expect that submission of an actual revised design will take several weeks
beyond that. For this reason, it is respectfully requested that this item be
tabled for at least one month's time. Thank you.
RECEIVED AND FILED.
No. 14
Arts and Cultural Grant-in-Aid
Funding Recommendations
We submit herewith the Arts and Cultural Funding Advisory Committee's
recommendations for Grants-in-Aid in fiscal year 1992-93. In accordance with
the City Ordinance which established the Committee and review process for arts
organizations, the Arts Commission transmits these recommendations "with or
without comment" [City Code; Chapter 6. Article V. Sec. 6-30) to the
Administration and Common Council. Following an informative presentation from
and productive exchange with this year's new committee chairman, Gary L. Mucci,
the following comment accompanies the Committee's recommendations.
First and foremost, the Arts Commission appreciates the difficulty of
providing realistic recommendations during a year already beset with red ink
and for the coming budget year which, by all accounts, will require the
greatest financial sacrifices in the City's recent history. An expectation that
any funding recommendation at all would be reviewed or accepted with a degree
of sincerity demanded the Committee to reevaluate its chartered purpose and
statutory responsibility. This was accomplished in earnest and with
considerable debate as to what measure of funding in the aggregate could be
responsibly recommended. The conclusion of the Committee as evidenced by the
resultant recommendations was to proceed with their deliberations based on duly
adopted criteria from prior years, essentially relating to factors of merit and
need. The result carefully establishes a clear financial relationship with each
individual group to the whole.
Although draconian cuts have not been recommended by the Committee, we
note that their overall approach has been fundamentally conservative.
Significantly, total funding recommended falls well below the 3% cap
established by law three years ago. Based on the property tax levy for F.Y.
'91-'92 at $114,014,524 and assuming a 45% share for Arts and Cultural
organizations as has been past practice, the Committee's total recommendations
[exempting the $136,000 multi year contractual obligation for the Buffalo Zoo],
is a full 25% below the legal cap. As detailed in the Committee report
aggregate funding recommended is also well below last years recommendations and
11 % less than last year's adopted budget.
In receiving and transmitting this set of specific funding
recommendations for F.Y. '92 - '93 the Arts Commission unanimously adopted a
resolution commending and approving the Committee's recommendations. As in the
past, we also strongly urge that adjustments of any magnitude be made on a pro
rata, across the board percentage basis. Thank you.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 15
S.O.S. Grant
The Buffalo Arts Commission recently applied to a competitive
grant program jointly sponsored by the National Institute for the Conservation
of Cultural Property [NlC) and the Smithsonian Institution in Washington for a
survey project of outdoor sculpture. The SOS! [Gave Outdoor Sculpture!) program
is a national inventory and catalogue effort for outdoor sculpture encompassing
the entire United States. The Arts Commission has been notified of approval of
its application in the amount of a $17,000 grant award. The purpose of this
communication to your Honorable Body is to briefly explain the scope of work to
be undertaken and to request authorization to accept the grant and enter into
contract with the NlC.
The national objective of the SOS! program is to survey and complete a
technical assessment of every piece of outdoor sculpture meeting their criteria
throughout the U.S.A. This is practically accomplished by designating select
agencies of municipal and state governments to coordinate the survey effort
with financial assistance in the form of a grant made by the Smithsonian
Institution and NlC. By generating interest in and increasing knowledge about
the history, significance, and physical condition of outdoor sculpture,
national and local attention is focused on the importance of conservation to
our cultural heritage. This larger goal meshes well with current activities of
the Arts Commission which includes the restoration of certain bronze statuary
funded with "% for Art" funds from the City's Capital budget. Building upon
its earlier study, Buffalo's Public Art and the technical condition assessments
which will result from the SOS! survey, the Arts Commission will develop a long
range capital budget plan for the restoration and conservation of all sculpture
owned by the City of Buffalo. A ranking system will assign priorities to those
work identified as in need of treatment. Thus, a systematic basis will be
established for future decisions about individual works scheduled for
conservation treatment on an annual basis.
The Buffalo Arts Commission has been designated by the Smithsonian and
NlC as the coordinating agency for the SOS! program. Accordingly, we request
authorization from your Honorable Body to accept the grant award by entering
into contract with the NlC and request further permission to execute any and
all other documents necessary to fulfill the terms and conditions of this
grant. The Arts Commission intends to engage the professional services of
faculty and students at Buffalo State College (Conservation Dept.) and/or SUNY
at Buffalo (School of Architecture and Planning) to complete the survey of the
Buffalo CSMA and scope of work outlined above. Permission to subgrant funds to
the Buffalo State College Foundation and/or the University of Buffalo
Foundation for this purpose is additionally requested.
Thank you for your consideration and l am available to answer any
questions.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 16
Permission to Negotiate
920-922 South Park
Vacant Land: 25' x 100'
Assessed Valuation: $2,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Mildred Lopez of 918 South Park Avenue, Buffalo, New York
to purchase the above captioned property.
Mrs. Lopez would like to purchase this property, which is next to her
home, for gardening and extra yard space.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated April 16, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mrs. Mildred Lopez residing at 918 South Park Avenue, Buffalo, New York, for
the private sale of 920-922 South Park Avenue, Buffalo, New York, and report to
this Honorable Body the results of such negotiations.
ADOPTED.
No. 17
Results of Negotiations 693 Jefferson, E 250' N Sycamore
Vacant Lot: 26' x 110'
Assessed Valuation: $350
Item # 22 C.C.P. 10/01/91
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. James Vass of 691 Jefferson Avenue, Buffalo, New York, for the above
captioned property. Mr. Vass intends to purchase this property, which is next
to his home, for off-street parking purposes.
An independent appraisal of the property was conducted by Jerome
Goldstein, Jerome Realty, 1060 Ellicott Square Building, 295 Main Street,
Buffalo, New York 14203. He has estimated the fair market value to be Three
Hundred and Fifty Dollars ($350). This represents about .13 per square foot
for the subject property. The Division of Real Estate has investigated the
sale of similar properties in the subject area. Sale prices range from .17 a
square foot to .52 or indicating a value between $486 to $1,487 for the subject
property. The majority of sales fall in the mid-range of value.
The results of our negotiations are that Mr. James Vass has agreed and is
prepared to pay One Thousand Dollars ($1,000) for the subject property. He has
agreed to pay for the cost of appraisal, transfer tax, recording fees and cost
of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
693 Jefferson Avenue to Mr. James Vass in the amount of One Thousand Dollars
($1,000). I am further recommending that Your Honorable Body authorize the
Mayor to execute the necessary documents for the transfer of title.
Mr. Fahey moved:
That the above communication from the Comptroller, dated April 13, 1992,
be ,received and filed; and
That the offer of James Vass, residing at 691 Jefferson Avenue, Buffalo,
New York, in the sum of One Thousand Dollars ($1,000) to purchase: 693
Jefferson Avenue, Buffalo, New York, be and hereby is accepted; and
That the appraisal report, requested by the City, transfer tax, recording
fees, 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- 11 NOES- 0.
No. 18
Offer to Purchase Lot Next to 954 Glenwood
Item # 123, C.C.P. 4/14/92
Your Honorable Body has forwarded the above referenced item to
the Comptrollers Office for a response.
The item is a letter from Evelyn Whitehead, 954 Glenwood Avenue, Buffalo,
New York. In her letter Ms. Whitehead requests information on how to purchase
the property and also states that the owner does not take care of the vacant
lot and has had to call the City on a number of occasions to cut the grass
there.
City Assessment records indicate that the vacant lot located at 956
Glenwood Avenue is owned by Raymond Black, 115 Rohr, Buffalo, New York 14211.
The property is a vacant lot 31' x 120' and has been owned by Mr. Black since
1971. Mr. Black also owns the adjoining vacant lot 30' x 120' at 958 Glenwood.
There are no back taxes due on the property. Mr. Black has also been billed
for the City's grass cutting service and there is a $50 fee outstanding on both
properties.
I have instructed the Director of Real Estate to forward the above
information to Mrs. Whitehead and advise her that her only alternative to
purchase the property would be to contact Mr. Black and negotiate directly with
him for the purchase of the property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
CERTIFICATE OF APPOINTMENT
Appointment to become effective April 13, 1992 in the Department
of Audit & Control, Division of Accounting, Joy McDuffie 965 Kensington Ave.
Buffalo, N.Y. to the position of Senior Accountant, Permanent at the starting
salary of $30,846.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 20
CERTIFICATE OF APPOINTMENT
Appointment to become effective April 9, 1992, in the Department
of Audit & Control, Division of Accounting, Christine M. Petschke 18
Progressive St., Buffalo, NY 14207 to the position of Junior Accountant-Typist,
Temporary at the starting salary of $21,912.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 21
Create/Appoint Task Force on Violent Crime
In keeping with a resolution passed earlier by our Honorable Body,
requesting the creation of a Task Force on Violent Crime, I am appointing the
following attached list of persons.
I have asked Ms. Ruth Bryant, President of the YWCA of Buffalo and Erie County
to act as the temporary Chairperson of this Task Force. It is my intention to
convene them within the next ten days and to issue a charge so that they may
commence their deliberations as soon as possible.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 22
Oppose Grass Cutting Charge 67 Alexander
Item # 111, C.C.P. April 14, 1992
Helen M. Gourdin states in a letter dated April 8, 1992 to Councilmember
David A. Collins that grass cutting at 67 Alexander Place was not done last
spring of 1991 by the City of Buffalo Department of Street Sanitation.
The Department of Assessment has started procedures to prepare the 1991
Local Assessment Roll for Grass & Weeds which will contain the above mentioned
lots. The Common Council directed that the said 1991 Local Assessment Roll be
prepared by this Department by C.C.P. Item No. 127 dated March 3, 1992.
Therefore, I recommend that you refer this matter to the Department of
Street Sanitation to determine if, in fact, City Sanitation personnel had cut
the grass on this lot during the Spring of 1991.
REFERRED TO THE COMMlTTEE ON FINANCE.
No. 23
Erroneous Trash Removal Charge 164 Eaton
Item # 121, C.C.P. April 14, 1992
James Robinson states in a letter dated April 8, 1992 to members
of the Common Council that he received a bill for property at 164 Eaton in the
amount of $157.38 for the removal of trash/refuse from a collection agency.
As of this date, this department, has not received any communication from
your Honorable Body, directing that a Local Assessment Roll be prepared for
trash removal at 164 Eaton.
Therefore, I recommend that you refer this matter to the Department of
Street Sanitation to determine if, in fact, City Sanitation personnel removed
trash from this lot.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Protest Grass Cutting Charges
35-41 Chester Street
Item # 95, C.C.P. March 31, 1992
The above item was referred to this office for a report.
Placid J. Parker states in a letter dated March 20, 1992 to Councilmember
David A. Collins that grass cutting on four vacant lots located at 35, 37, 39,
& 41 Chester Street were not done on June 12, 1991 by the City of Buffalo
Department of Street Sanitation.
The Department of Assessment has started procedures to prepare the 1991
Local Assessment Roll for Grass & Weeds which will contain the above mentioned
lots. The Common Council directed that the said 1991 Local Assessment Roll be
prepared by this Department by C.C.P. Item No. 127 dated March 3, 1992.
Therefore, I recommend that you refer this matter to the Department of
Street Sanitation to determine if, in fact, City Sanitation personnel had cut
the grass on these four lots during June of 1991.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 25
Extension of Time on Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Ferranina Construction Co., Inc. C-91625800, the work should
have been completed by January 15, 1992.
Due to poor weather conditions and changes in contract on this project this
contractor could not complete his work on time. This is the second extension of
time on this project.
I have granted an extension of time to May 1, 1992 to Ferranina Construction
Co, Inc. to complete the work of their contract.
RECEIVED AND FILED.
No. 26
Extension of Time on Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Grand Island Electric, Inc. C-91633900, the work should have
been completed by, January 15, 1992.
Due to poor weather conditions and changes in contract on this project this
contractor could not complete his work on time. This is the second extension of
time on this project.
I have granted an extension of time to March 31, 192 Grand Island Electric,
Inc. to complete the work of their contract.
RECEIVED AND FILED.
No. 27
Extension of Time on Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and Allied Mechanical, Inc. C-91640300, the work should have been
completed by January 15, 1992.
Due to poor weather conditions and changes in contract on this project this
contractor could not complete his work on time. This is the second extension of
time on this project.
I have granted an extension of time to April 15, 1992 to Allied Mechanical,
Inc. to complete the work of their contract.
RECEIVED AND FILED.
No. 28
Extension of Time on Contract
New Parkside Entrance
Buffalo Zoological Gardens
Buffalo, New York
In accordance with the terms of the contract between the City
of Buffalo and C&C Plumbing & Htg C-91634000, the work should have been
completed by January 15, 1992.
Due to poor weather conditions and changes in contract on this project this
contractor could not complete his work on time. This is the second extension of
time on this project.
I have granted an extension of time to May 1, 1992 to C&C Plumbing & Htg. to
complete the work of their contract.
RECEIVED AND FILED.
No. 29
EXTENSION OF CONTRACT
CONTRACT NO. 91518200
ENGINEERING SERVICES
FILTER MEDIA REHABILITATION
In accordance with the terms of the contract between the City
of Buffalo and Malcolm Pirnie, Inc., City Contract No. 91518200, the work
called for in this contract was scheduled to be completed by July 31, 1991.
Phase II of this project was completed by July 31, 1991. The work
remaining is engineering work related to Phase III of this project.
Accordingly, I have granted Malcolm Pirnie, Inc. a third extension of
contract to July 31, 1992.
RECEIVED AND FILED.
No. 30
28 Calumet Place requests permission
to install fence within city right of way
Mr. David Duke, owner of the property located at 28 Calumet Place,
has requested permission to install a chain link fence within city right of way
at said address.
The property is used as an annex to the Joseph Vetter Center with a
Daycare Center for children is located on the second floor.
The proposed fence would be located on both the Calumet Place and
Garfield Street sides of the property, measuring 42 feet ill length on Calumet,
75 feet in length on Garfield and range from 6 to 8 feet in height.
The Department of Public Works has reviewed Mr. Dukes application
pursuant to Chapter 413-67 (encroachment, regulations) and has no objection to
your Honorable Body authorizing the Commissioner of Public Works to issue a
"Mere Licence" 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 fence 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 fence.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD.
No. 31
45 Court Street requests permission to install sidewalk cafe.
Melinda Schneider, owner of Harvest Moon, located at 45 Court
St. has requested permission to install a sidewalk cafe which would encroach
city right of way at said address.
The proposed cafe would measure twenty- five feet in length and project
nine feet from the building face into city right of way.
The Department of Public Works has reviewed Ms. Schnieder' s application
pursuant to Chapter 413 Section 5a (Sidewalk Cafes) of the City Ordinances and
has no objection to your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for installation of said sidewalk cafe 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 sidewalk cafe be installed exactly as shown plans submitted to
and approved by the Department of Public Works. Division of Building.
3. That the sidewalk cafe does not exceed twenty-five feet in length or
extend more that, 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 1 each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot
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
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD.
No. 32
CHANGE IN CONTRACT NO. 91610700 NEW WATERMAINS IN JEFFERSON AVENUE, CLEANING
AND LINING WATERMAINS IN JEFFERSON AVENUE, BROWN STREET BEST STREET
CHANGE ORDER NO. 1
I hereby submit to your Honorable Body the following change order
on the contract with DiPisio Construction Company, Inc. for New Watermains in
Jefferson Avenue, Cleaning and Lining Watermains in Jefferson Avenue, Brown
Street and Best Street, City Contract No. 91610700.
Work Item No. 09.002
Called for installing 4,100 linear feet of 2" bypass piping. 2,368 linear
feet of 2" bypass piping was needed.
Decrease: $ 12,124.00
Work Item No. 09.004
Called for installing 4,100 linear feet of 4" bypass piping. 2,718 linear
feet of 4" bypass piping was needed.
Decrease: $ 13,820.00
Work Item No. 09.010
Called for cleaning and lining of 2,850 linear feet of existing 10 inch
main. 2,794 linear feet was cleaned and lined.
Decrease: $ 1,960.00
Work Item No. 09.020
Called for cleaning and lining 1,500 linear feet of existing 20 inch
main. 1,485 linear feet was cleaned and lined.
Decrease: $ 525.00
Work Item No. 09.030
Called for removing five (5) obstructions from existing 10" main. One (1)
obstruction had to be removed.
Decrease: $ 4,000.00
Work Item No. 09.031
Called for removing two (2) obstructions from existing 20" main. One (1)
obstruction had to be removed.
Decrease: $ 1,200.00
Work Item No. 9.040
Called for abandoning two (2) 4" service lines and plugs at main. An
additional 4" service line was found and plugged at Jefferson and Brown
Streets.
Increase: $ 700.00
Work Item No. 09.104
Called for installation of 95 linear feet of 4" ductile iron pipe 54.4
linear feet was installed.
Decrease: $ 3,978.80
Work Item No. 09.108
Called for installation of 25 linear feet of 8" ductile iron pipe. 12
linear feet was installed.
Decrease: $ 845.00
Work Item No. 09.110
Called for installation of 4,800 linear feet of 10 inch ductile iron
pipe. 4,842.1 linear feet was installed to complete the project.
Increase: $ 2,399.70
Work Item No. 09.410
Called for 17,100 lbs. of ductile iron specials. 14,369.9 lbs. were used
to complete the project.
Decrease: $ 10,510.88
Work Item No. 09.504
Called for installation of six (6) 4" gate valves. Five (5) gate valves
were installed.
Decrease: $ 777.00
Work Item No. 09.506
Called for installation of thirty-nine (39) 6" gate valves. An additional
valve was installed at Jefferson & Peckham.
Increase: $ 838.00
Work Item No. 09.510
Called for installation of thirty (30) 10" gate valves. Two additional
valves had to be installed.
Increase: $ 2,308.00
Work Item No. 09.512
Called for installation of two (2) 12" gate valves. One (1) gate valve
was installed to complete the project.
Decrease: $ 1,465.00
Work Item No. 09.710
Called for installation of five (5) corporation stops. No corporation
stops were required.
Decrease: $ 485.00
Work Item No. 09.720
Called for installation of five (5) curb stops. No curb stops were
required.
Decrease: $ 485.00
Work Item No. 09.730
Called to replace 100 linear feet of existing 3/4" to 1" copper pipe. 14
linear feet required replacement for cleaning and lining.
Decrease: $ 2,408.00
Work Item No. 09.735
Called to replace 120 services. 108 services were replaced.
Decrease: $ 14,640.00
Work Item No. 09.810
Called to install five (5) water service covers and bolts. No
installations were required.
Decrease: $ 175.00
Work Item No. 09.812
Called to install five (5) water service box-top section. No
installations were required.
Decrease: $ 170.00
Work Item No. 09.814
Called to install five (5) complete water service boxes. No
installations were required.
Decrease: $ 630.00
Work Item No. 09.820
Called to reset five (5) water service boxes. This work was not
required.
Decrease: $ 200.00
Work Item No. 09.830
Called to relocate five (5) water service boxes. This work was not
required.
Decrease: $ 285.00
Work Item No. 09.910
Called for installing one (1) new hydrant. An additional hydrant was
installed in front of 497 Jefferson Avenue.
Increase: $ 2,300.00
Work Item No. 09.930
Called for replacement of 23 hydrants. An additional hydrant had to be
replaced at the North Service Road and Jefferson Avenue.
Increase: $ 900.00
Work Item No. 01.210
Called for survey and stakeout of 4,500 linear feet. Only 3,375 linear
feet was required.
Decrease: $ 1,125.00
Work Item No. 02.120
Called for rock excavation of an estimated 50 cubic yards. The contractor
had to excavate an additional 374.41 cubic yards of rock. The extent of rock
encountered could not be determined until the contractor was performing the
work.
Increase: $ 49,219.94
New Work Item No. 1
Additional pavement excavation and restoration was required between Best
and East North Street.
Increase: $ 1,351.35
New Work Item No. 2
Additional pavement excavation and restoration was required at Jefferson
Avenue and Brown Streets.
Increase: $ 1,323.95
New Work Item No. 3
Additional pavement excavation and restoration was required at Jefferson
Avenue and Carlton Street.
Increase: $ 1,702.60
New Work Item No. 4
Additional pavement excavation and restorations for fifty-five (55) house
services.
Increase: $ 16,385.97
The above changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Division of Public Works and found to be
fair and equitable.
SUMMARY:
Original amount of contract $924,374.00
Net Amount of Change Order No. 1 - Increase $ 7,620.83
Current amount of contract $931,994.83
Funds for this work are available in the Division of Water's Bond Account
No. 073.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
22, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 1 to DiPizio Construction Company, Inc., for changes
resulting in a net increase in the amount of $7,620.00, as more fully described
in the above communication, for additional work relating to New Watermains in
Jefferson Avenue, Cleaning and Lining Watermains in Jefferson Avenue, Brown
Street and Best Street, Contract No. 91610700. Funds to be charged against the
Division of Water's Bond Account No. 073.
PASSED.
AYES- 11 NOES- 0.
No. 33
Report of Bids New Handicapped Lift
Delaware Park Casino Buffalo, New York
I asked for and received the following Informal Proposals for
the New Handicapped Lift, Delaware Park Casino, Lincoln Parkway, Buffalo, NY on
April 9, 1992.
Amlift Systems
Div. of Niagara Elevator, Inc. $7,950.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and Amlift Systems in the amount of $7,950.00 is the only responsible
bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-092 - Division of Buildings.
Estimate for this work was $7,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
9, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Amlift Systems, Division of Niagara Elevator, Inc., the only
responsible bidder, for the New Handicapped Lift, Delaware Park Casino, Lincoln
Parkway, Buffalo, New York in the amount of $7,950.00. Funds for this work are
in B/F 200-402-092 Division of Buildings.
PASSED.
AYES- 11 NOES- 0.
No. 34
Report of Bids - Jefferson Avenue - Phase III Group # 329 - From High Street to
Broadway
Item No. 86, C.C.P. 10/29/91
As authorized and directed by your Honorable Body in Item # 86,
CCP of 10/29/91, I have advertised and received bids on April 1, 1992 for the
reconstruction of Jefferson Avenue - High Street to Broadway, Group # 329.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured
quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
Collana Brothers Constr. Co., Inc. (LOW) $1,583,627.85
Hartford Paving Corp. $1,660,007.25
Destro and Brothers Concrete Co., Inc. $1,672,930.50
Joseph J. Kelly Blacktop, Inc. $1,694,163.75
Depew Development, Inc. $1,729,995.05
Nichter Utility Construction Co., Inc. $1,841,000.00
M. Passucci, Inc. $1,850,279.25
Oakgrove Construction, Inc. $1,928,000.00
DiPizio Construction Co., Inc. $2,015,294.60
Surianello General Concrete Contr., Inc. $2,076,909.20
I hereby certify that the lowest responsible bidder for the above project
is Collana Brothers Construction Company, Inc., and I respectfully recommend
that your Honorable Body order the work and the cost thereof to be charged to
the following Capital Project Bond Accounts 200-401-526 and 200-401-092 in an
amount not to exceed $1,583,627.85, plus approved unit prices not to exceed an
additional amount of $150,000.00. Funds for this work will be available when
bonds are sold.
The engineer's estimate for this work is $2,143,175.50. The attached is
certified to be a true and correct statement of the bids received. Under
provisions of the General Municipal Law any of the bidders may withdraw his bid
if an award of the contract is not made by May 15, 1992. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
22, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Collana Brothers Construction Company, Inc., the lowest
responsible bidder, for the Jefferson Avenue - Phase III Group # 329 from High
Street to Broadway, in the amount of $1,583,627.85. Funds for this work will
be available when bonds are sold.
PASSED.
AYES- 11 NOES- 0.
No. 35
Tifft Street Bridge
Item No. 127 C.C.P. 12/10/87
In Item No. 127 of December 10, 1987, your Honorable Body authorized
the Mayor to enter an agreement for Preliminary Engineering and Right-of-Way
acquisition for the reconstruction of the Tifft Street Bridge.
In order to complete this project the New York State Department of
Transportation has identified various parcels of land that needed to be
purchased along Tifft Street.
We therefore request that you authorize permission to purchase the
aforementioned parcels; whereas, the funds to purchase these parcels will be
made available from a future Department of Public Works Bond Sale.
Mr. Fahey moved:
That the communication from the Comptroller dated April 14, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate for
various parcels of land along Tifft Street as identified by the New York State
Department of Transportation and report to this Honorable Body the results of
such negotiations.
ADOPTED.
No. 36
REDUCTION IN RETENTION
CITY CONTRACT NO. 91546200
FILTERED WATER CONDUIT REPLACEMENT AND
PLANT MODIFICATIONS
The contract for Filtered Water Conduit Replacement and Plant
Modifications is substantially completed with the exception of restoration work
which cannot be completed until late Spring.
The value of the restoration work is $1,600.00.
It is respectfully requested that your Honorable Body authorize a
reduction of the five percent (5%) retention which is presently being withheld
from Firstrhyme Construction in the amount of $242,738.64 to a retention of one
percent (1%) or $48,547.73.
The $48,547.73 retention and the cost of the restoration will be withheld
from the contractor until all restoration work is completed satisfactorily.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
7, 1992, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
reduce the five percent retention on a contract with Firstryme Construction for
Filtered Water Conduit Replacement and Plant Modifications to a retention of
one percent or $48,547.73 until all restoration work is completed
satisfactorily.
PASSED.
AYES- 11 NOES- 0.
No. 37
Itemized list of services from Buffalo Place, Inc.
As per the request of the Finance Committee meeting that was held
on April 8, 1992, I am submitting the detail breakdown by the Buffalo Place,
Inc. for services rendered on the Downtown Special District Vending Program.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PARKS
No. 38
Amend Section 175-1 of the Ordinance of the City of Buffalo Indoor Ice Rink
Fees Changes
Attached to this communication is a report of the city ice rinks.
This was also submitted to Your Honorable Body's Legislation Committee in
November of 1991, in reference to increasing ice rink fees. The purpose of
this communication is to get approval for a proposed increase in ice rink fees
for 1992-1993.
The present fees and proposed increases are:
ICE SKATING
PRESENT RESIDENT NON-RESIDENT
Seniors & Youth Under 18 $.55 $2.10
PROPOSED
Seniors & Youth Under 18 $.55 $2.10
PRESENT
18 Years and Over $1.05 $1.05
PROPOSED $1.05 $1.05
DESIGNATED PRIVATE ICE TIME:
OUTDOOR
PRESENT $ 15.75 $15.75
All groups per hour
PROPOSED $ 15.75 $15.75
INDOOR RINK
PRESENT
All groups other than $ 63.00 $105.00
Development League
PROPOSED $ 80.00 $ 135.00
PRESENT $ 31.50 $ 105.00
Developmental League,
Explorer League, Bishop
Timon & Canisius High
Schools
PROPOSED $ 50.00 $ 135.00
TO BE ADDED
INDOOR RINKS:
Seasonal Rental
Any non-resident participating with an organization or group paying
resident or developmental rates will be charged a one time additional fee of
$50.00 per individual, per season.
PRESENT
Non-resident participating $ 0.00
with resident or Developmental
League or High School
PROPOSED
Non-resident participating $50.00/per season
with resident or Developmental
League or High School
As you can see from my attached report, the deficit for the operation of
the City Rinks is $416,000 The new increases adopted would generate
approximately $60,000 in revenues. Thus reducing the deficit of operating the
rinks by that figure.
REFERRED TO THE COMMlTTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE CORPORATION COUNSEL
No. 39
Budget Note Resolution Authorizing the Issuance of $17,077,871 Budget Notes to
Finance Increased Appropriations for General City Purposes for Fiscal Year
1991-92
Council President Arthur inquired why the above budget note resolution
concluded with Section 6 which reads: "This resolution shall take effect in
accordance with Section 38 of the City Charter."
Bond Counsel drafted the referenced resolution and gave the following
answer to the Council President's question:
When Bond Counsel drafts Bond Resolutions for the City, it concludes the
resolution with a section dealing with validity of the bonds authorized by the
resolution, and actions, suits or proceedings (such as permissive referenda)
which may be brought within a certain time after publication of the bond
resolution.
Because this is not a bond resolution to which such a provision would be
applicable, Bond Counsel simply fashioned a provision to identify the procedure
to be followed for the official approval of the sale of budget notes authorized
by the resolution and that procedure is found at Section 38 of the City
Charter. Though entitled "Veto Power", Bond Counsel advises it was paying
attention to the content, i.e., the substance of Section 38, rather than to the
title of the Charter section.
RECEIVED AND FILED.
No. 40
Request Local Law- Refusal of Salary Increase
No. 214, C.C.P., 4/14/92
Attached please find the proposed amendment to Section 451 of
the Charter, as you requested.
Please be advised that any salary increase refused by an elected official may
be regarded as taxable income to that official by the Internal Revenue Service.
An alternative might be for an official to simply contribute to the city an
amount equal to the unwanted increase in salary.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Request Inspection at 95 West Humboldt Parkway
Item No. 210, C.C.P., April 14, 1992
The above item was referred to this office for an opinion. Please
be advised that we are continuing review and research the matter and will
forward the opinion upon completion.
RECEIVED AND FILED.
No. 42
Evelyn Whitehead - Purchase of a Vacant Lot Next to
954 Glenwood Avenue
Item No. 123, C.C.P. 4/14/92]
This matter was referred to the Committee on Finance, the Comptroller
and this Office for a response.
Please be advised that title in 956 Glenwood Avenue, the vacant lot in question
is not vested in the City of Buffalo.
It is the opinion of this office that Your Honorable Body cannot authorize the
sale or transfer of a non-city-owned real property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Sale of Hurd Computer
Item No. 27, C.C.P. 4/14/92
The above item was referred to the Committee on Finance and this
office for a response.
The sale, transfer or exchange of the City's personal property is governed by
Chapter 133, Article III of the Code of the City of Buffalo, New York.
The correspondence from the Director of Data Processing/the Comptroller's
Office conforms with the mandate of Section 133-17 of the Code, which requires
that the Common Council be advised in writing of the intention to sell,
exchange or otherwise dispose of such personal property. This Section also
requires the City agency having custody and control of the property to await
the approval of Your Honorable Body before releasing such personal property.
This office is of the opinion that the Comptroller's Office may sell the above
referenced City owned property in accordance with the provisions of this Code
or other law, if it is authorized by Your Honorable Body.
RECEIVED AND FILED.
No. 44
IGNORANCE COSTS US MONEY
Item No. 58, C.C.P., Apr. 14, 1992
This is in response to your request for an opinion concerning
various revenue raising proposals. Our view of the legal issues raised are as
follows:
1. Repeated False Alarms:
The law in New York is that license and permit fees are not allowed to be in
excess of the cost of implementing the license procedure. If the revenue to be
raised is in excess of this amount, the fees become in effect a tax. All taxes
must be specifically authorized by State Law. If there is a reason to license
alarms, a fee may be charged to recover the cost at implementing the license
procedure. In terms of extra fees based upon excessive number of alarms, the
Court of Appeals has suggested that public expenditures in the performance of
governmental functions, such as police and fire response, may not be recovered
from private citizens. Koch v. Consolidated Edison, 62 N.Y. 2nd (1984). The
Court view is that such expenditures are the reason that persons pay taxes.
2. Fingerprinting (Civil):
I believe a reasonable fee to recover the costs of fingerprinting may be
charged.
3. Records Search and Clearance Letters:
Fees for records checks may be charged.
4. Call Backs for Noisy Parties:
For the reasons noted in number "1" above, there is a question as to the
legality of charging for this service. These would also be issues raised as to
who may be responsible.
5. Police Reports for Insurance Claims and other Police Reports:
Fees may be charged for this service in accordance with the Freedom of
Information Law.
6. Special Patrol Services:
For the reasons noted in number "1" above, there is a question as to the
legality of charging for these services. This proposal also raises questions
regarding civil liability.
7. Reproduction of Police Crime Scene Photos and Records in Criminal
Proceedings:
Fees in criminal cases are governed by the New York State Criminal Procedure
Law. In most criminal cases, the records are subpoenaed by the Erie County
District Attorney. The District Attorney works very closely and on behalf of
the Buffalo Police Department and the general public.
Fees for civil subpoenas are governed by the Civil Practice Law and Rules. The
City routinely receives fees with civil subpoenas which are deposited in the
General Fund. The fees are very limited and set by State Law.
8. Private for Public Police Services:
See Number "1" above.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 45
Residency Status - Robert V. Hefkta
Item No. 168, C.C.P., 12/23/91
Mr. Morrow accurately stated my position with respect to Mr. Heftka.
I would appreciate it if the Civil Service Committee would keep this item on
the table until its first meeting in September, 1992.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 46
Reevaluate Fee Structure
Item No. 150. C.C.P., March 17. 1992
The Department of Community Development proposed a series of fees
which were introduced in Council on February 5, 1991 and subsequently enacted
on February 19, 1992 and amended on April 2, 1991. Those fees included:
1. Doubling the subdivision fees collected by the Division of Planning; and
2. Doubling the fees for processing restricted use permits and requests for
rezoning. Additionally, adding a 10% surcharge for these matters to partially
recover SEQRA reviews. These fees are collected by others; and
3. Flood Plain reviews requested by individuals, collected by Division of
Planning; and
4. Preservation Board matters involving landmark designations and issuance
of various certificates, collected by the Division of Planning.
It was estimated that these fees would result in the collection of
approximately $22,540 in increased revenues. We did not analyze what the base
fee structure, prior to the proposed increases, would generate.
The amended fee structure, reducing the fees for the preservation board,
lowered the amount of revenue previously estimated. It should be noted that
zoning fees are not collected within the Department of Community Development,
Division of Planning, and therefore are not reflected in our revenues.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Amendment to the Community- Wide Urban Renewal Homestead Program
The Community-Wide Urban Renewal Homestead Program, approved September
18, 1984, C.C.P. No. 279 and subsequently amended, has a twenty-year duration.
Under Section E of said Plan, additional supplements for housing projects
are permitted. This Plan has been amended in the past to reflect changes in
housing programs and the availability of disposition parcels. The last plan
amendment, which included a supplement for several hundred city-owned parcels
targeted for residential development, was approved on May 27, 1991, C.C.P. No.
177.
Attachment A of this submission provides the details for the proposed
development of approximately one hundred twenty-eight (128) housing units. The
targeting of parcels and the selection of developers was done by the Department
of Inspections and Community Revitalization as part of a continuing effort to
provide affordable housing throughout the City.
The City Planning Board gave its unqualified approval to the plan
amendment at its April 21, 1992 meeting. A recommendation from the Board is a
prerequisite to subsequent Common Council action.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the amendment of the
Plan by conducting a public hearing and by adopting an appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 48
Major Plan Change, Jefferson Avenue Commercial Urban Revit. Area (C.U.R.A.) U.
R. Plan -Request for Change of Use
The Jefferson Avenue Commercial Urban Revitalization Area (C.U.R.A.)
Urban Renewal Plan was first approved May 15, 1979 with a 10-year duration, and
was subsequently extended for an additional 5 years on May 30, 1989, C.C.P. No.
148.
The Department of Community Development is requesting approval of an
amendment to the aforementioned Urban Renewal Plan of parcel A-1. This parcel
of land, located at Jefferson, Landon and Riley in the Masten Council District,
is approximately 1.7 acres. The Urban Renewal Plan's current land use
designation for this site is "Neighborhood Business/ Commercial". However, as
the Buffalo Neighborhood Revitalization Corporation is proposing to develop
this parcel as a model home site for 16 single-family housing units, a "Change
of Use" amendment is required (from "Neighborhood Business/Commercial" to
"Residential"). The attached project description provides the details for this
proposed development.
The City Planning Board gave its unqualified approval to the plan
amendment at its April 21, 1992 meeting. The Board voted its unqualified
approval for the land use designation since the site has been unable to attract
developers for commercial use. Moreover, the proposed housing would help to
fill the need for affordable housing in the Masten District. A recommendation
from the Planning Board is a prerequisite to subsequent Common Council action.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the amendment of the
Plan by conducting a public hearing and by adopting an appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 49
Dept. of Community Development Community Wide Urban Renewal Homestead Program
Plan Amendment
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 50
Dept. of Community Development Jefferson Avenue Commercial Urban Revitalization
Area C.U.R.A. Plan Amendment.
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 51
INFORMAL BIDS - ASBESTOS TESTING AND MAPPING FOR 1168-1170 BROADWAY, NIC
In conjunction with the relocation of the Neighborhood Information
Center (NIC) to former Polish Singing Circle Building at 1168-1170 Broadway,
the Department of Community Development received the following informal bids on
4/16/92 for asbestos testing and mapping of the basement and first floor space
at 1168-1170 Broadway:
1. Empire Building Diagnostics $ 620.00
2001 Niagara FalIs Blvd.
P.O. Box 17
Amherst, New York
2. ECCO Inc. $1,995.00
Brisbane Building
Suite 515
Buffalo, New York
3. Pollution Assessment Technology Service NO BID
1168 Orchard Park Road
West Seneca, New York
4. Modern Environmental Service Corp. NO BID
747 Erie Avenue
Tonawanda, New York
Asbestos testing, mapping and possible encapsulation or removal are
necessary prior to renovations taking place due to the presence of suspect
asbestos containing floor tile and extensive asbestos pipe insulation in the
basement.
I hereby certify that the preceeding is a true and correct abstract of
all bids received and that Empire Building Diagnostics is the lowest
responsible bidder in the amount of $620.00.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to award a contract to Empire Building Diagnostics in
the amount of $620.00 In accordance with their low bid. Funds for this work
are available in Bond Fund 4200-717-068.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated April 23, 1992, be received and filed; and That the Commissioner of
Community Development be, and he hereby is authorized to award contract to
Empire Building Diagnostics, 2001 Niagara Falls Blvd., P.O. Box # 7, Amherst,
New York, the lowest responsible bidder, for Asbestos Testing and Mapping of
the Neighborhood Information Center at 1168-1170 Broadway in the amount of
$620.00. Funds for this work are available in Bond Fund 200-717-068.
PASSED.
AYES- 11 NOES- 0.
No. 52
Change Order # 2 -General Construction War Memorial Stadium Site Redevelopment
I herewith submit to Your Honorable Body the following change
in contract for general construction associated with the site redevelopment of
War Memorial Stadium, Contract # 91633500 with Nichter Utility Construction
Company, Inc.:
1) Supply and install 465' of 10" PVC pipe, (6) catch basins and all
necessary lateral connections to provide drainage along back side of service
building adjacent to Masten Pools
ADD $ 7,650.00
2) Supply and install 170' of 4" perforated poly underdrain, 2" crusher run
stone bed and geotext stabilizer fabric underneath new building "B" stairs.
ADD $3,739.00
3) Supply and install 400' of 6" perforated A-2000 poly pipe, # 6 shot rock,
13 stone fill, # 2 washed stone, soil separator filter fabric and geotext
stabilizer fabric as specified by project architect to create french drain
system along Best St. embankment.
ADD $24,816.00
4) Remove and dispose of 887 cubic yards of foundation concrete and or rock
encountered during mass excavation at a unit bid price of $50.00 per cubic
yard.
ADD $44,350.00
5) Remove and dispose of 149 cubic yards of foundation concrete and or rock
encountered during infrastructure pit and trench work at a unit bid price of
$125.00 per cubic yard.
ADD $18,625.00
6) Supply and compact 386 cubic yards of select fill to stabilize foundation
areas at new Dodge Street stairs and retaining walls at rear of old entrances
"A" and "B" at a unit bid price of $35.00 per cubic yard.
ADD $13,510.00
7) Supply and install 2.49 tons of additional reinforcing steel necessary
for foundation work at the Dodge St. stairs and retaining walls at the rear of
old entrances "A" and "B" at a unit bid price of $1,200 per ton.
ADD $ 2,988.00
8) Supply and install an additional 55 cubic yards of foundation concrete
necessary at the Dodge St. stairs and retaining walls at the rear of old
entrances "A" and "B" at a unit bid price of $350.00 per cubic yard.
ADD $19,250.00
TOTAL ADD $ 134,928.00
Work associated with item # 1 was not included as part of the original
contract drawings and is necessary to properly drain the area between the new
service building and the existing Masten Pools.
Items # 2 and # 3 are necessary to properly drain the areas in question.
This site has a history of groundwater problems due to the tremendous grade
drop, south to north, across the site between Dodge and Best Streets.
Items # 4 and # 5 were necessary in order to remove foundations and or
rock which were not removed during the demolition contract or shown on the
construction drawings.
Items # 6, # 7 and # 8 were necessary to remove wet unstable soil and
replace with select compacted fill. The foundations' as designed had to be
enlarged and properly reinforced due to the unstable soils which were
encountered during excavation.
A contract summary is as follows:
Original Contract Sum $ 4,992,000.00
Amount Change Order # 1 - DEDUCT -221,000.00
Amount this Change # 2 - ADD +134,928.00
Revised Contract Amount $ 4,905,928.00
All costs associated with the described changes were unit bid prices or
negotiated lump sums and were reviewed by the project architect, Robert
Traynham Coles, and our department and are deemed to be fair and equitable.
Funds for this work are available in Bond Fund # 200-717-094.
I therefore recommend that Your Honorable authorize the Commissioner of
Community Development to issue a Change Order to Nichter Utility Construction
Company, Inc. as set forth above.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated April, 23, 1992, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order # 2 to Nichter Utility Construction Company,
Inc., for changes resulting in a net increase in the amount of $134,928.00, as
more fully described in the above communication for additional work relating to
General Construction of War Memorial Stadium Site Redevelopment. Funds to be
charged against the Bond Fund # 200-717-094.
PASSED.
AYES- 11 NOES- 0.
FROM THE COMMISSIONER OF STREETS
No. 53
CERTIFICATE OF APPOINTMENT
Appointment to become effective April 13, 1992 in the Department
of Street Sanitation Ronald M. Hayden, 102 Rutland, Buffalo, New York 14220 to
the position of Truckdriver, Permanent at the starting salary of $20,994.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 54
Emergency Demolition Bids for 722 & 724 Perry Street
Due to the very serious and hazardous condition to the fire-damaged
buildings located at 722 and 724 Perry Street, Fire Commissioner Paul Schanks
requested that our department bid the properties 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
buildings and/or (2) the resulting dangerous and hazardous condition which
exists at these locations, i.e., in accordance with, guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on': April
7, 1992 and that the contract will be awarded to the following responsible
bidder:
ADDRESS AND CONTRACTOR AND DOLLAR AMOUNT
OWNER OF BID
722 Perry Street & shed Maplewood Construction
Nal Park Enterprises, Inc. $3,225.00
c/o William Birchmeier, Esq.
926 Main Street
Buffalo, New York
724 Perry Street Maplewood Construction
Richard Miller and $3,225.00
Ervin Schultz
629 Fillmore Avenue
Buffalo, New York
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 April 8, 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 $3,225.00
for 722 Perry Street and shed and $3,225.00 for 724 Perry Street, 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 113, of
the Ordinances of the City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION & FINANCE
No. 55
Investigate Lag Time-Financial Flexibility
Item # 170, C.C.P., March 31, 1992
You have referred to this office for comment Resolution 170 of
3/31/92, "Investigate Lag Time Financial Flexibility."
Please be advised the "lag time" plan imposed by the State on its
employees was struck down as unconstitutional by both state and federal courts,
in Quirk v. Regan. 148 Misc.2d 300, 565 N.Y.S.2d 422, and Association of
Surrogates v. State of New York, 940 F.2d 766 (2d. Cir., 1991). Therefore, it
appears clear that the unilateral imposition of a lag pay scheme on City
employees is not a legal option available to us.
I note that you have also referred this resolution to all union
presidents for their comments. I will decide based on the responses they
provide whether it is likely they are willing to negotiate a lag pay program
such as the one suggested in the above-referenced Council resolution.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 56
Privatization of Streets Dept. and Bulk Trash Pick-Up
Item # 180, C.C.P., March 31, 1992
Item # 181, C.C.P., March 31, 1992
You have referred to this office for comment two resolutions,
Item 180 of 3/31/92-"Priv. Sts. Dept." and Item 181 of 3/31/92-"Priv. Trash
Pick-up."
The New York State Public Employment Relations Board has repeatedly held
that contracting out unit work is a mandatory subject of collective
bargaining--that is, it cannot be done by the employer unilaterally. The
employer must bargain with the union over it, and must obtain the union's
agreement. The Administration currently has proposals on the bargaining table
in the current round of negotiations with AFSCME Local 264 regarding the
contracting out of garbage and trash collection. These negotiations are
continuing. The union has not agreed to the proposals at this time, but it
also has not declared impasse. We will apprise you of further developments as
they occur.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 57
New York Health (Assembly Bill # A-8912)
Item # 169, C.C.P., 3/31/92
This is a follow up to my previous remarks on the above referenced
topic. The New York Health Plan is a proposal to establish comprehensive
universal health care coverage and a health care cost control system for the
benefit of all residents of the state of New York.
The legislation claims to provide more health care coverage, more health
care benefits for more people, and to provide these services at a lower cost
than the private health insurance industry. This legislation does not provide
any details, facts or information to substantiate these claims. Additionally,
the coverage that will be provided is not detailed sufficiently to do any
meaningful cost comparison of currently available health insurance plans with
coverage under the proposed New York Health Plan.
The proposed premium cost is 9 % of the employer's payroll. Within a
collective bargaining agreement the employer may deduct 1.5% of this fee from
employees gross wages. This would be less in total than the current health
insurance premium worker's compensation coverage payments made by the City of
Buffalo, but there is insufficient detail to develop any cost benefit analysis
that would be meaningful and necessary to make an informed decision on the
proposal.
Since the legislation would change the entire health care industry in New
York State, it would be wise to obtain detailed reports on how this plan will
affect each New York State resident both on a cost basis and a health benefit
basis. A level of benefits information package is needed to outline the out of
pocket costs for residents who go to a lid provider and bare it to cost of
services for a non-licensed provider. The plan will cover all medically
necessary inpatient hospital services but it is not clear if this coverage
will be at a private, semi private or ward room basis. The cost differences
in these service levels are significant. Generic drugs would be required when
available, or the plan member must pay the difference in costs. This is a
reduction in benefits of what City employees currently receive and the cost of
such coverage is also less than what the City pays. The above two examples
illustrate some details that are necessary for an evaluation.
Finally, since part of this proposal is subject to collective bargaining,
the Council should request a response from the City bargaining unions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 58
INVESTIGATE DEPUTY OF SUBSTANCE ABUSE
DIRECTOR POSITION
RES. # 199, C.C.P. APRIL 14, 1992
THE FOLLOWING IS A REPORT IN RESPONSE TO THE COUNCIL'S REQUEST
OF APRIL 15, 1992:
1. THE INDIVIDUALS CONSIDERED FOR THE POSITION OF DEPUTY DIRECTOR OF
SUBSTANCE ABUSE SERVICES WERE: JESSE CARMICHAEL, JOSEPH MAZZA, JEROME PUMA AND
JOSEPH SCHMID. NO OTHER INDIVIDUALS APPLIED FOR THE POSITION.
2. CURRENTLY, MR. CARMICHAEL IS THE ASSISTANT DIRECTOR FOR THE BMHA/HUD
PROGRAM, WHICH RECENTLY RECEIVED AN EXTENSION OF THEIR CONTRACT FOR $500,000.
MR. CARMICHAEL'S EXPERIENCE AND RECENT PERMANENT APPOINTMENT TO THAT POSITION
WERE TAKEN INTO CONSIDERATION DURING THE APPOINTMENT PROCESS. MR. CARMICHAEL'S
NAME WAS NOT SUBMITTED TO THE STATE FOR APPROVAL SINCE HE WASN'T SELECTED FOR
THE DEPUTY POSITION.
3. WE WERE NOT AND CURRENTLY ARE NOT AWARE OF ANY UNDERSTANDING OR AGREEMENT
BETWEEN ANY CONCERNED PARTIES AS TO MR. CARMICHAEL RECEIVING THE APPOINTMENT TO
THE DEPUTY DIRECTOR'S POSITION.
THE COUNCIL APPARENTLY WAS PREMATURE IN ASSUMING THAT MR. CARMICHAEL WAS TO
RECEIVE THE APPOINTMENT.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 59
Appt. Program Director YAPP (Max)
Com. # 93 C.C.P. April 14, 1992
Per your request the position of Program Director YAPP, is 50%
reimbursable through Youth Development Delinquency Prevention/Youth Initiative
Funding provided by the New York State Division For Youth.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 60
Compliance-General Municipal Law-Sec. 104-B
Please be advised that the Department of General Services, Division
of Purchase will comply with the competitive bidding requirements (over
$10,000. for purchase and $20,000. for public works and service type
contracts). We advertise and open "formal" bids on a daily basis for all City
departments as well as the BSA, BMHA and any such City related organization
that requests our service.
The major recommendation is to eliminate the City requirement of
"performance bonds" for purchase contracts.
Informal sealed bids ($100. to $10,000.) are also opened daily, thus
fulfilling the competitive bidding structure.
The only mechanism that does not entail sealed bid quotes for procurement
would be an emergency or "confirming" order. Verbal quotes are solicited on
these orders thus ensuring competitiveness. Sole source, dealer items and
procurements based on "per sample" are documented on such orders. These
procurements are the result of temporarily depleted inventory, unique
commodity, or immediate need for procurement which because of the urgency of a
given situation disallows adherence to established bidding procedures.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 61
Bids- Police vehicle auction
On April 15, 1992, the Department of General Services conducted
an open bid auction of surplus vehicles/equipment from the Buffalo Police
garage, 341 Seneca Street. Two City vehicles received bids in excess of
$500.00. Photographs of these vehicles are attached. The successful bidders
are as follows:
P-620 - 1986 Plymouth 4DSD - Richard LaPorta $625.00
T-105-AF - 1981 Chevrolet tow truck - Bob & Don's Auto $2000.00
Request your approval to dispose of these vehicles to the high bidders listed
above.
Mr. Fahey moved:
That the communication from the Department of General Services, dated
April 16, 1992, be received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to dispose of two city vehicles to the highest bidders listed above.
PASSED.
AYES- 11 NOES- 0.
No. 62
Response to Audit and/or Vehicle Inquires
Item # 189, C.C.P. 3-31-92
Attached are Council communications regarding response to audit
and/or vehicle inquiries.
Also, please be appraised that seals for "official use only" have been
distributed to all departments to be applied to vehicles used as such.
Estimates for a fuel management system (attached) have been submitted to
the Budget Division and upon funding ($12,000 to $15,000 per location) bids
will be requested.
Data processing is currently installing a vehicle maintenance and history
file that, upon our approval and implementation, will satisfy many of the audit
recommendations regarding vehicle statistics.
The policy of travel logs and personal liability of City employed drivers
should be referred to the Law Department and collective bargaining officials as
these appear to be conditions for employment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE ZONING BOARD OF APPEALS
No. 63
Request Inspection at 95 West Humboldt Parkway
Resolution # 210 C.C.P. 4/14/92
In response to your request to file a written opinion from this
department concerning the use of 95 and 121 W. Humboldt Pkwy., please be
advised of the following:
- The Zoning Board of Appeals rules only on appeals filed with this body
after a permit is denied because of zoning conflicts.
- No application has been filed with the Board as of this date and it
would, therefore, be inappropriate to offer any opinions or conclusions
prematurely.
- Section 511-116 (a) specifically delegates the administration and
enforcement of the Zoning Ordinance to the Commissioner of Licenses and
Inspections of the City of Buffalo. The Board respectfully defers to that
department and the Department of Law for interpretation until an application
has been filed for these properties.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 64
Consolidate Water Division and the Buffalo Sewer Authority
Item # 184, C.C.P. 3/31/92
The Buffalo Sewer Authority has been asked to comment on the referenced
resolution adopted by your Honorable Body.
First, I must say that it is becoming disheartening to see countless
resolutions being adopted by the Council that time and time again states that
the Sewer Authority has "projected a surplus this year." Just where are you
getting your information from? For the past three years, the Authority has
adopted budgets which collect less revenues than our expenses. In each of
these years we have drawn money from our previous accumulated surplus to
balance expenditures and revenues. This information is plainly visible in our
annual reports that are submitted to the Council.
Our accumulated surplus has been drawn down to the point where we no longer can
use these funds to balance our 1992-93 budget. This has caused our Board to
adopt a budget which calls for sixty employee layoffs in 1992-93. This has also
triggered talks with various rating agencies who may downgrade the Authority's
credit rating. All of this information has been verified by the City
Comptroller who also is the Authority's Comptroller. Has anyone thought to ask
him about our finances before they dash into another misleading resolution.
To the thought of consolidating the Water Division and the Sewer Authority, let
me point out that many of the departmental procedures are already combined.
Particularly, the billings, collections and arrears of the Sewer Authority and
Water Division are all handled by the Water Division. The Authority supplies
the Water Division with employees to assist in this work. We also pay the City
for this service ($473,500 for the current fiscal year, $485,390 for next
fiscal year).
Aside from these duties which are already combined, I do not believe that any
additional cost savings would be realized. I feel that should the Sewer
Authority absorb the Water Division, our credit rating may suffer because we
would have to deal with the Water Division's infrastructure problems.
Any consolidation would require approval of the State Legislature and probably
at a minimum and amendment to our current bond indentures. Any consolidation
should be carefully planned and all negatives, along with the positives, should
be fully explored. I also suggest that an opinion be secured from the City's
Bond Counsel through the Comptroller.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 65
Interim Financial Report - BSA
Item # 215, C.C.P. April 14, 1992
The Buffalo Sewer Authority has been asked to respond to the referenced
resolution sponsored by Councilmember Coppola. As I stated in my response to a
similar resolution from Councilmember Pitts, the notion that the Authority has
a $10 million surplus is a fallacy and a myth formulated in the minds of some
members of Your Honorable Body. Our surplus has been drawn down to a
dangerously low level. This, it seems, has been recognized by the Mayor, the
Comptroller, the Authority's financial advisors and various credit rating
agencies, yet some members of the Council refuse to let these facts interfere
with their rhetoric.
For your further information, contrary to Mr. Coppola's resolution, the
Authority's administrative costs have not increased 141% over the past nine
years. In 1982-83 our administrative costs were $1,290,420. In 1990-91
administrative costs were $2,597,065. This is an increase of 101%. Let me
point out, however, some more revealing statistics: Comparing 1982-83 with
1990-91 shows that our total cost rose 132% while sewer rates rose only 24%.
During that same period the Authority's payments to the City's General Fund
increased from $459,583 to $1,659,000, a whopping increase of 260%. Just think
how much lower the sewer rates could have been if not for the increase in
payments to the City.
Attached is a listing of temporary investments held by the Authority as of
December 31, 1991. Being fiscally responsible, the Authority minimizes the
amount of funds laying idle and invests all funds until they are needed to meet
our obligations.
The Capital Improvement funds are used to deal with emergency conditions that
surface from time to time in addition to normal Capital Outlays.
The Construction Grant Funds are in essence capital bond funds which can only
be used for construction projects approved as part of our Construction Budget.
The Budget for 1991-92 exceeds $14 million, so you can see that we do not have
sufficient funds to complete our program.
The Liability and Casualty Reserve Fund is dedicated to paying our liabilities
encountered because we are self-insured. This fund must remain above $1
million by law.
The Debt Reserve Fund is required by our bond resolutions to remain at the
level shown. This fund is a guarantee to our bond holders and cannot be
reduced or used for any other purpose. (See attached communication from the
Comptroller)
The Surplus Fund contains undedicated funds. Our projections for the current
fiscal year show that this fund will be reduced to under $500,000 by the end of
the fiscal year.
The Net Revenue Fund contains funds that will be used to pay principal and
interest for our outstanding bonds. Payments are due on January 1 and July 1
of each year.
The Authority currently has 377 employees. As you know our 1992-93 budget
calls for the elimination of sixty filled positions bringing our total
employment to 317.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 66
Notice of Hearing
Renaming Portion of Bailey Avenue North of Seneca Street "Mergenhagen Street"
(Item No. 175, April 14, 1992)
I hereby inform you that a public hearing has been scheduled on
the above matter. This hearing is to be held before the Common Council at its
regular meeting of April 28, 1992, at 2:00 P.M., in the Council Chamber. The
notice of hearing was properly published, on April 17 and April 24 in the
Buffalo News, and a copy of said publications are attached hereto.
RECEIVED AND FILED.
No. 67
Hearing
Renaming Portion of Bailey Avenue north of Seneca Street
"Mergenhagen Street"
(Com. 175, C.C.P., April 14, 1992)
Mr. Fahey moved that the above item is properly before the Common
Council and the hearing be opened.
Appearances -- In favor
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey now moved that the name of a portion of Bailey Avenue North of Seneca
Street be changed to Mergenhagen Street, and the City Clerk is directed to send
notifications of said change pursuant to Section 286-5 of the Ordinances.
Seconded by Mr. Bakos.
PASSED.
AYES- 11 NOES- 0.
No. 68
COUNCIL STAFF
Info- Arthur vs Nyquist
Attached for your review is a copy of a letter received from Falk
& Siemer, Attorneys at Law.
RECEIVED AND FILED.
No. 69
COUNCIL STAFF
"Comments on NYHEALTH"
Item # 91, C.C.P April 14, 1992
A copy of Assembly Bill A08912 "An act to amend the public health
law, the state finance law and the tax law in relation to the establishment of
the New York health plan" was forwarded to the Department of Administration &
Finance and the Erie County Department of Social Services on Thursday, April 9,
1992.
RECEIVED AND FILED.
No. 70
COUNCIL STAFF
Copy of Financial Recovery Plan R.F.P.
Attached is a copy of the Request for Proposals for consultants
to prepare a Financial Recovery Plan for the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
The City of Buffalo, New York, has determined that if it continues its present
financial course, it will be unable to balance its FY 1992-93 and subsequent
budgets without significant tax increases and/or layoffs. As a result the City
has determined that it requires both short and long-term answers to its
financial problems. In the short-term, it requires satisfying bond rating
agencies that it has a plan for recovery so that the City can stay in the bond
market at reasonable cost. In the long-term, it requires a complete analysis
of the services provided by the city such that revenues can be identified to
support those services. Consequently, the City is inviting Proposals for
consultant services to comprehensively address both short and long-term
financial needs of the city.
Summary of Services Requested
PHASE 1: The City requires the Consultant to prepare a Financial Recovery Plan
that will be submitted to the bond rating agencies in New York City within two
months after contract initiation.
PHASE 2: The City requires the Consultant to make recommendations within twelve
months that will significantly reduce the anticipated City FY 1992-93 and
1993-94 deficits through a combination of financial restructuring and changes
in the City's Service/Revenue Mix.
PHASE 3: The City requires the Consultant to submit a Report prior to the
adoption of the FY 1994-95 Budget that, with its adoption, will eliminate
future deficits while providing services that residents and non-residents have
come to expect.
Specific Qualifications for Each Phase
Phase 1: Financial Recovery Plan. Proposals will not be considered unless the
following basic and qualifying conditions are met in full, and are set out
explicitly in the Proposal:
The Consultant has experience in the preparation of Financial Recovery Plans.
The Consultant has experience in making presentations to Moody's and Standard &
Poors.
The Consultant has presented a Financial Recovery Plan to Moody's and Standard
& Poors.
The Consultant is recognized by at least one of Moody's or Standard & Poors as
solving financial problems for local governments.
The Consultant can show that the City can reasonably expect that the adoption
the Consultant's financial Recovery Plan will save the city significant
interest costs.
Phase 2: Short-Term Financial Solutions. Proposals will not be considered
unless the following basic and qualifying conditions are met in full, and are
set out explicitly in the Proposal:
The consultant has experience in financial -structuring of city debt sufficient
for the city to expect that Consultant could generate a one-time savings for
the City.
The Consultant has a significant track record in other cities of generating
significant amounts of additional revenues for those cities such that
Consultant has sufficient experience to draw on in making interim
recommendations to the City on its Service/Revenue Mix.
Phase 3: Long-Term Financial Solutions. Proposals will not be considered unless
the following basic and qualifying conditions are met in full, and are set out
explicitly in the proposal:
1. All city funds, agencies, and services must be encompassed within the
scope of work except for the Board of Education.
2. City services must be differentiated between those that are primarily
fee-financed and those that are primarily tax financed.
3. A direct match-up between revenues received, or estimated to be received
by fiscal year, and the costs determined to be incurred for each service by
fiscal year must be made for every service which is proposed to be financed by
fee revenue.
4. An appearance must be made personally before the City Council by a
Principal of the proposing Consultant firm at the time of or prior to the
consideration of the Proposal.
5. The principal and the assigned project Manager designated in the proposal
must have had City government operational experience.
6. The Consultant must have had experience in developing water and sewer
rate analyses to a level sufficient to conduct a management review of the City
water and sewer utilities.
7. Progress payments to the Consultant must be spread in equal monthly
payments during the durations of the project, plus one month.
8. The end product must contain adoption documents, an adoption schedule and
plan, and specific implementational assistance to city staff.
9. A Principal of the Consultant must make at least six personal appearances
before the City Council at the completion of the project, during the
presentation of the Final Report and the Implementation Documents.
10. A Consultant staff presence must be established in the City.
11. Consultant must hire and train at least two City employees who will be
laid-off so that the City could rehire those employees at the end of the
project to perform annual updates.
12. Consultant must work with a City employee during the project who will be
a liaison to City Departments and be actively trained in the process.
13. An inventory and evaluation of all depreciable fixed assets of the City
must be organized and supervised by Consultant, who in such process will be
assisted by City staff, with such inventory and evaluation being comprehensive
of all agencies, funds, activities, assets and categories of assets.
14. The time of 100% of all City personnel, and all expenses for all
categories of maintenance and operations expenses, all depreciable fixed
assets, all building expenses, and two or three levels of overhead cost must be
distributed to the services as "costs".
15. Consultant must have a record of working with City staffs such that the
cities are pleased with the results and can use the results as a municipal
management system.
16. The resulting recommendations by the Consultant must lead to changes in
the accounting system that are consistent with Generally Accepted Accounting
Procedures (GAAP) as promulgated by the Governmental Accounting Standards Board
(GASB).
17. Consultant must have sufficient prior experience and proved ability to
offer follow-on services, if requested, in the fields of revenue projections,
capital financing planning, utility rate analysis, budgeting, accounting, and
long range financial planning.
18. An audit trail certified by a CPA must exist within any Consultant
software utilized in the work of the Consultant, An original of the CPA
certification must accompany the Proposal.
19. All software utilized by the Consultant must run on an IBM-compatible
personal computer in a commonly known and accepted language or program.
20. All software applicable to the consulting engagement shall be licensed to
the City and the Consultant shall provide training for City staff at the end of
the engagement.
21. Consultant must have active User Groups for its software and a Newsletter
for communication with users.
22. Consultant must offer periodic classes in the use of its software so that
new employees can be sent for training.
General Qualifications of consultant
In addition to the above Specific Qualifications of the Consultant, each
Proposal must contain the following:
1. Qualifications of the Consultant as a firm, and of the staff proposed to
be assigned to the engagement.
2. A list of references of clients, with names and telephone numbers of
those to contact, and the exact type of work accomplished for that City, and
whether that engagement is the exact type of work requested by this Request for
Proposal.
3. A step-by-step work plan of all the activities involved in the conduct of
the work, and the timing proposed for accomplishment of those steps, expressed
in both textual and graphic format.
4. An assessment of the amount of time of City staff members who would be
involved in assisting or advising the Consultant in the conduct of the project.
5. Price to be charged and expected payment schedule.
6. Details of and cost of any "extras" or add ons" not included in the basic
price required in 4, above.
7. Name and telephone number of the appropriate contact person in your firm.
8. Consultant must submit an employee census demonstrating a commitment to
the employment of minorities and other protected groups.
9, Consultant must sign an affidavit affirming that it has no investments
in, nor does business with, South Africa.
Copies and other Requirements:
13 copies of the proposal must be provided.
No. 71
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.
Administration and Finance
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
572 Amherst Lisa Meadows
1111 Fuhrman Slipaweigh Rest. The Boathouse, Inc.
1287 Niagara St. A.J.S. Enterprise
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:
Police- Patrick Quigley
Human Resources- Catherine Phillips
General Services- Lawrence Doctor
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
Home Improvement Advisory Board
Youth Board
RECEIVED AND FILED.
No. 75
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 PUBLIC WORKS
Appointment to become effective April 16, 1992 in the Department
of Public Works, Division of Buildings, Virgil F. Cicco, 234 St. Lawrence
Buffalo 14216 to the position of License Inspector, Temporary at the starting
salary of $11.26 per hour.
Appointment to become effective April 13, 1992 in the Department of Public
Works, Division of Engineering, Richard C. Reiber, 681 Hopkins St., Buffalo
14220 to the position of Laborer I, Seasonal at the starting salary of $5.98
per hour.
FROM THE DEPARTMENT OF PARKS
Appointments to become effective April 13, 1992 in the Department
of Parks to the Position of Laborer II, Seasonal at the starting salary of
$6.65 per hour.
John Fischer, 127 Densmore, Buffalo 14220
Gary J. Juskiewicz, 495 Willett St., Buffalo 14206
David Norris, 52 Euclid Pl., Buffalo 14210
Darin Schwertfeger, 91 Ashley St., Buffalo 14212
Brian Hayes, 795 McKinley Pkwy., Buffalo 14220
Kenneth Stevens, 106 Timon St., Buffalo 14211
Herbert Marcus, 389 Goodyear, Buffalo 14211
Wayne Mack, 26 Avondale Pl., Buffalo 14210
Matthew Whelan, 162 Mariemont St., Buffalo 14220
Appointment to become effective April 20, 1992 in the Department of Parks to
the position of Laborer II, Seasonal at the starting salary of $6.65 per hour.
Jack Stewart, 347 Bristol, Buffalo, New York 14206
Kevin Czuprynski, 283 Weimar, Buffalo, New York 14206
John Glynn, 215 Sanders, Buffalo, New York 14216
Raymond McCool, 79 Hamburg Street, Buffalo, New York 14204
Appointment to become effective April 22,1992 in the Department of Parks to the
position of Laborer II, Seasonal at the starting salary of $6.65 per hour.
Norman, Filer, 17 Troupe Street, Buffalo, New York 14210
Tammy Parsons, 80 Crystal, Buffalo, New York 14220
FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment to become effective April 21, 1992 in the Department
of Administration & Finance, Division of Parking Enforcement, Jennifer A.
Danahy, 75 Shanandoah Rd., Buffalo, New York 14220 to the position of Clerk,
Seasonal at the starting salary of $5.00 per hour.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective April 20, 1992 in the Department
of Human Resources, Division of Youth, Kenneth Ferguson, 49 Mulberry St.,
Buffalo, New York 14204 to the position of Attendant, Temporary at the starting
salary of $4.25 per hour.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 76
Councilmember Bell
Fountain Plaza RFP and Problems With Ice Rink
As you requested, attached is the RFP for Fountain Plaza and a
report to the Mayor outlining the problems we had at the ice rink this season.
Please call me if you want to discuss this further.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 77
B-CAM
Status of Cable Access Equipment
This document is in response to the CATV Committee's request for
the status of cable access equipment currently stored by the City at American
Household Storage. BCAM has completed and cross-referenced an inventory of
equipment. Some of the office equipment has been removed and placed in use at
BCAM's administrative office. This transfer was handled in accordance with the
guideline provided by the City.
Upon obtaining a secured area at 101 LaSalle, the remaining equipment will be
transferred.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 78
BUFFALO TEACHERS FEDERATION
Comments on Lag Time
In response to your inquiry relating to lag time. The BTF is
opposed to any lag time provision unless it is voluntary and the employee can
choose that option.
It would seem to me that many might choose this option but that they should not
be required to forego two weeks of pay. As you may be well aware, many people
have families to feed and two weeks' pay can mean the difference between paying
bills and not paying bills.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 79
JAMES C. CLEMONS
Three Day Prayer Observance for alleviating violence
PUBLIC CITY-WIDE METROPOLITAN PROPOSAL
"THREE DAYS/NIGHTS OF UNITED PRAYER AND SPECIAL OBSERVANCE BY
EVERY CHURCH, SYNAGOGUE, TEMPLE OR ORGANIZATION FOR THE PURPOSE OF ALLEVIATING
UNNECESSARY VIOLENCE, ESPECIALLY INVOLVING OUR YOUTH, IN THE BUFFALO
METROPOLITAN AND SURROUNDING SUBURBIANROUNDING SUBURBS."
I hereby present this proposal to the public sector, to those in
administrative positions, in particular the Office of the Mayor and his staff,
to the management and editorial staff of the Buffalo "Challenger", to the radio
and television stations who broadcast throughout the city, to all governing
bodies, city-wide and local bodies, and most especially to the collective
groups of every church, synagogue, or temple the following proposal, which is
to be not only accomplished but publicly announced, the following:
A collective vigil of prayer and special observance initiated at every
religious, every spiritual body, regardless of their denomination, or
persuasion, or sect so as to curb unnecessary, unlawful violence and reduce the
slaughter of our youth as it pertains to all of the Buffalo Metropolitan area
and suburbs.
This addresses in the finest traditions of our public spiritual heritage,
in particular, the late Martin Luther King, that the root of our crisis is a
spiritual and moral problem, first, and a legal, public concern, second.
Hopefully by such a prayer vigil observance, we can through its public
proclamation, and more importantly by the fervency of united prayer, actually
effect a change, bring greater wisdom, and by its public declaration, as well,
prick the consciences of every one involved that something can and must be
done, by every citizen in every neighborhood.
(The "Prayer Vigil" should technically last no more than three days and nights,
by every church, synagogue, temple or group, on a designated three day
dedicated observance. Prayer can be done continually, or in shifts, or
whatever, depending on that respective group or congregation.)
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 80
PETER GORDON-
Concerns Regarding Operation Rescue Demonstrations
I would like to express my concerns regarding the upcoming visit
to the Buffalo area by operation Rescue and Randall Terry. We are a relatively
small company, currently employing 60 people. However, many of our employees
are women under the age of 30, many of whom have had to endure verbal
harassment from the local activist on a regular basis. With your open
invitation to Mr. Terry, this harassment of my employees may intensify. I
sincerely hope that this will not be the case, as my employees and I have
nothing to do with the operations of the women's clinic in this building.
(1219-1245 Main street)
My company operates under very tight deadlines servicing clients nationwide. I
am very concerned that these people will compromise my employee's ability to
come and go as necessary. If this happens, my company could lose significant
revenue as a direct result of your invitation to these people.
I have been told by the building owner that your administration and the Buffalo
police will be present at this location to guarantee the various tenants of
this building access and egress to their place of employment. I am personally
gratified to hear both your administration and the Buffalo police are going to
insure that none of the businesses in this building are going to be harassed or
their daily operations affected by Mr. Terry and his followers.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
HELLENIC ORTHODOX CHURCH
Place-Guide Ropes for Tent
The Hellenic Orthodox Church of the Annunciation is celebrating
their Sixteenth Annual Hellenic Festival, May 15, 16 & 17, 1992.
Each year a tent is rented and placed on the Northwest side of the Church
complex up to the sidewalk. This year to accommodate the people, as in the
past, it is necessary that the guide ropes be anchored across Utica Street
sidewalk.
We are therefore respectfully requesting permission from the City of Buffalo to
place ropes across a 100 foot section of the sidewalk as shown in the attached
diagram. Flasher warning signs to aid pedestrians will be available and
security men will be stationed during the nights. The tents will be erected on
Saturday, May 9th, and taken down by Wednesday, May 26, 1992, weather
permitting.
We thank you again for giving consideration to the aforementioned request and
await your expeditious reply.
Mr. Fahey moved:
That the Hellenic Orthodox Church of the Annunciation be and hereby is
authorized to place guide ropes across West Utica Street sidewalk in
conjunction with the Annual Hellenic Festival, to be erected on May 9, and
removed by May 20, subject to conditions to be imposed by the Department of
Public Works.
PASSED.
AYES- 11 NOES- 0.
No. 82
DANIS GEHL
Reopening of Cotton Club
I have been asked by the Board of Directors to bring you up to
date on our most recent correspondence with the Kensington Citizens Advisory
Council.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 83
MICHELLE HIGGINS
Support Permit Fees-Non-Accessory Signs
As a chemical dependency counselor, I write to you in support
of legislation proposed to enact licensing of billboards.
The uncontrolled proliferation of billboards are unfair to our youth and
damage community character. By enacting a comprehensive licensing program will
enable the city to remove illegal signs, and to determine the number and
location of all it's billboards.
It is highly unlikely that a licensing fee would cause any harm or put
billboard companies out of business. According to Congressional Research
Service, in 1988 the 125 member companies of the Outdoor Advertising
Association of America charged an average of $2,522 monthly for painted
bulletins, usually 672 square feet. In addition, an average yearly cost for a
billboard along the Skyway cost $50,000. Clearly, this license fee will not
damage the billboard companies in any meaningful way.
The City of Buffalo has expressed a desire to control the use of
billboards, especially regarding alcohol and tobacco advertising. By requiring
that all billboards be licensed, this legislation will be a major step towards
accomplishing these goals.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 84
INTERNAL REVENUE SERVICES
Corporate Sponsorship-Not-For-Profit Events
This is in response to the Common Council of the City of Buffalo's
resolution concerning corporate sponsorship of not-for-profit events which you
recently forwarded to us. Proposed examination guidelines regarding the
treatment of corporate sponsorship income were published by the Internal
Revenue Service on January 17, 1992, in Announcement 92-15, 1992-5 I.R.B. 51.
Please be assured that your comments will receive full consideration as
we continue with our review of the proposed guidelines.
RECEIVED AND FILED.
No. 85
REV. JOHN R. LONG
Halfway House - 50 Wyoming
In accordance with Section 511.94 of the Buffalo Code, entitled
"Halfway houses", VIVE requests approval by the Common Council to operate a
halfway house at 50 Wyoming Street, Buffalo, New York 14215. The house will
shelter refugees fleeing war and persecution in their homelands, seeking
permanent safety and to rebuild their lives in Canada, but who are delayed here
pending admittance by Canadian immigration authorities. These persons might be
otherwise institutionalized, or homeless on the street. VIVE's facility
receives a portion of its funding from the Erie County Department of Social
Services and is recognized by that public agency.
Thank you for considering our request.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND THE
CORPORATION COUNSEL.
No. 86
NY STATE EDUCATION DEPARTMENT
Change in Bryant & Stratton Commercial Art Program
(# 173, CCP, 3/3/92)
I write in regard to your letter of March 5,1992, addressed to
the Higher Education Services Corporation, which HESC General Counsel Deborah
Damm referred to me. You enclosed with your letter a resolution adopted by the
Buffalo Common Council concerning curricular changes in certain programs
offered by Bryant & Stratton Business Institute in Buffalo. The Council
resolution asks whether changing advertised curricula is ethical and legal.
By way of general information, the Regulations of the Commissioner of
Education require that colleges submit for State Education Department review
any substantial proposed curricular changes that affect a program previously
registered (approved) by the department. In the case of Bryant & Stratton, the
institution submitted extensive materials In the Department in September 1991
describing curricular and other changes proposed for lumber of the Institute's
programs. The Department did approve the requested changes, including those
proposed for the Commercial Art program.
According to information that Bryant & Stratton provided to the
Department, the Commercial Art program would continue to be offered at the
Buffalo and Eastern Hills locations. They also described procedures to
accommodate currently enrolled students. However, in view of the concern that
students have expressed to the Buffalo Common Council, I have asked staff to
contact the institution for comment on the Council's resolution.
I will be in touch with you again when the Department receives the
Institute's response.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 87
New York State Department of Environmental Conservation
Environmental Assessment Review Fees
Item # 165 C.C.P. March 31, 1992
This agency has received and considered your resolution seeking
comment on the drafting of a local law establishing fees for environmental
quality review work done by the City of Buffalo.
We concur with the interpretation of the State Environmental Quality
Review (SEQR) Act (Article 8 of the Environmental Conservation Law) that set
fees or any other charges are not authorized in regard to environmental
assessments. Completion of the environmental assessment form occurs early in
the review process and is used to determine the environmental significance or
nonsignificance of actions. Those actions which may have a significant effect
on the environment are then subject to a draft environmental impact statement.
Under SEQR, charges are only authorized for the actual costs not to exceed
maximums set in regulations (6 NYCRR 617.17) for the "lead agency's" review or
preparation of draft environmental impact statements.
Since the City's intended ordinance amendment will be based on Municipal
Home Rule Law rather than the area of this agency's expertise, Environmental
Conservation Law, I cannot offer an opinion as to the amendment's legality.
However, there is a practical consideration that could directly impact this and
other agencies' functioning.
Depending on the category of the project (Type I or Unlisted), the SEQR
process requires or allows the option of early coordination among involved
agencies. Such coordination involves the exchange and review of environmental
assessment forms for the purpose of identifying, within a mandated thirty day
period, significant environmental issues and a lead agency responsible for
their evaluation. In other words, this agency as well as other agencies from
time to time forwards to the city for its review environmental assessment forms
for private applicant projects.
I am therefore concerned that an unsuitably worded ordinance would either
seek to impose fees on agency efforts to coordinate and cooperatively work with
the City, or would result in inappropriately delayed responses from the City,
while it seeks payment from the project sponsor. It is this Department's hope
that any ordinance would avoid these potential pitfalls.
Should your staff wish to discuss this matter further, please do not
hesitate to contact Mr. Steven Doleski, Regional Permit Administrator, at (716)
851-7165. Mr. Doleski is responsible for SEQR implementation of most
application-related projects in this Region. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 88
NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION
Delaware Park Lake
Res. 180, C.C.P., March 17, 1992
This letter is in response to your recent request for information
concerning a fish die-off which occurred in Delaware Park Lake and more
specifically your request for our thoughts on improving the quality of the
lake.
Representatives of this Department conducted a field inspection of the
lake during the week of March 30, 1992. Dead fish were observed dispersed
around the shoreline. The dead fish were identified as almost entirely Gizzard
Shad and from their appearance they were dead for some time. The fact that
this die-off was limited to this one species is significant, since it may be
related to natural phenomena. Similar die-offs of Gizzard Shad and Alewives
were reported in Lake Erie during this same time period. The exact reason why
these species die-off is unknown although it occurs annually about the same:
time and consequently it does not appear to be related to a particular
condition of Delaware Park Lake. Furthermore, as the result of a fish survey
conducted by our fishery biologists in 1990, we are advised the stocked fish
from Chautauqua Lake may be establishing a residence population in this lake.
The Department's efforts in assisting the City in improving the quality
of this lake goes back nearly ten years when very specific recommendations were
provided and discussed relative to the Delaware Park Lake Restoration project.
Those recommendations remain the same. Additionally, at a Delaware Park
Steering Committee meeting held in 1990, we recommended that the Committee join
the statewide Citizens Lake Assessment program. Data generated by this
monitoring program would assist all of us as to the condition of the lake
throughout the year and provide information to enhance lake management.
Please advise if we can be of any further assistance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 89
LEO PENKALSKI
Claim Police Brutality-1984
This is a brief updated summary of my long-standing claim against
the City of Buffalo, New York for lethal and deadly brutal vicious,
unprecedented, unprovoked and unwarranted deliberate and premeditated assault
with attempt to commit murder by Buffalo Police upon myself.
This claim was initially filed within 90 days of the occurrence, as were
all the papers and transcript of City of Buffalo Law Department investigation
and hearing dated 1984. These papers and trust in settlement of the claim were
left in City Attorney Mr. Stanley Moskel and Claims Investigator Mr. Larry
Wolfe's hands because I was hospitalized for over eight years and did not have
the ability or financial resources to hire an attorney as the attorney friend I
had and worked and cared for for over 10 years was Supreme Court Judge George
Rowe who had passed on in 1965 and I've been unable to retain anyone since!
I had called the police then to investigate a robbery at my apartment on
39 N. Pearl Street, Buffalo. The police arrived and we started talking. They
asked me to move my car and I hesitated, continuing to try to explain the
robbery and without absolutely and provocation on my part the two big, heavy
set police officers started punching me with all of their fists as hard as they
could. I could not believe it. They punched me so hard they broke my glasses,
broke my nose, broke two teeth on the right side of my mouth, broke my neck,
cut and disfigured my upper lip and shoved me face down on the street, twisted
my arms and handcuffed me and put me on the back seat of their police car and
when I called to release me the one police officer hit me from a standing
position with his nightstick causing me to black out. The police took me
downtown to Precinct 3 on Franklin Street and at the Booking Desk the police
brought up falsified arrest charge of harassment to cover their brutal and
vicious beating and when I told them I was going to tell the authorities, they
said you're going to get it again then as they took me upstairs in the elevator
again used the most brutal and vicious punching on me my face and chest until I
went down on the floor they told me to get up and say Sir! I was then sent to
the hospital and hospitalized for over eight years.
My family doctor said they did such great damage physically and mentally
and emotionally and that I would never recover and that they killed 60% of my
family bearing and job working years and of the value of my heredity and life
and time and work expectancy. I was asking $31 million claims compensation for
the atrocities and horror the police inflicted at, in, of and upon me. I am
willing to settle this immediately out of court for a much lesser amount
because I am lacking the fortitude and because of aging I cannot go on.
However, if you do not settle this immediately with me, I will file for a
motion in the court and I know there are judges which will remember my dear
friend and employer, Supreme Court Judge George Rowe years ago and I will claim
$100 million damages and interest for the aforementioned crimes.
I read of many court settlements including the one to Cottrell who
received $10 million for the cancelled Dome Stadium and there were no injuries
or substance to the case. Another award I read of $12 million was awarded the
owner of John's Flaming Hearth Restaurant for a liable slander case. No
injuries or substance to this case either.
I was an airport manager/pilot/engineer. I worked for NASA in Florida. I
worked for Congress House Ways & Means Committee in relevant governmental
business industry affairs. I worked for Henry Ford II at Grosse Point,
Michigan, BFX Detroit to take the Presidency and convert all the fuel consuming
vehicles to electric so as not to further drill or extract the inherent and
relevant solvency compositions of gas and oil from the Creator's planet earth
and so as not to further poison the beloved Creator's planet with carbon
monoxide that turns to cyanide. Also worked for government in resolution of
environmental systems and resolution of environmental pollution. Termination
and ending and disposition of planet weaponry, removal of all lethal toxic
artificial chemical and poison liquids, solids or gases or other harming
substances from entering the environment and the Creator's planet.
I was President and General Manager of my own family's business concern,
Able Contracting and Management. We worked in government business, industry,
church and other concerns and individual consulting services for God and
country!
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 90
JAMES SANDORO
Object to Grass Cutting Charges
341-347 Swan 130 Myrtle
355 Swan 134 Myrtle
493 Swan 144 Myrtle
206-208 William 262 Myrtle
214 William
310 William
As per our conversation in your office last week, the above lots were cut in
the second and third weeks of May. I have made dated photos, as in the past,
after each was cut. Enclosed please find sample photocopies of those photos, as
I showed you in person.
This is the eighth year this situation has occurred. Why should a tax payer
who maintains his property be constantly harassed by street sanitation
employees who cannot ascertain whether grass is cut or not? It is very easy to
identify my properties. I have gone through the trouble of painting lines on
the sidewalks that outline each of my properties. Crews cut a whole block and
make no provision for identifying lots that are already cut. This cannot
continue to happen. I ask that you correct these particular bills immediately
so as not to end up as a lien on the properties, causing the Common Council to
have to reverse them, as in the past which means additional work for you in
what is already troubled times. As in the past, please try to give this matter
your attention.
It is my understanding that notices, which have always been sent previously,
read that the City Ordinance calls for the grass to be cut before June first of
any year. The current bills note that the City had cut lots in the third week
of May, four to seven days before the statute calls for the grass to be cut.
Thank you for your attention to this matter. If there are questions, please
call my office at 855-1931.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND
THE COMMISSIONER OF ASSESSMENT.
No. 91
MARY SIMON
Cancel Grass Cutting Charge
176 Guilford
I received this billing stating that the City of Buffalo has service
the lot at 176 Guilford Street 14211 own by Mary H. Simon. I have spoken with a
number of employees in the Street Department concerning this matter.
The City of Buffalo Street too claim they maintenance the lot by cutting
the grass in July of 1991. The City of Buffalo has never cut the grass on the
lot. This lot is fenced in and has been fenced for five years or more with a
lock and key.
The City has turned this matter over to the collection agency. The agency
is taken this billing to the credit bureau.
I'll state again the street employee has never cut that lot. This
employee is writing up jobs that he has not done, to fill his time slot in.
Please let me hear from someone regarding this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND
THE COMMISSIONER OF ASSESSMENT.
No. 92
TERATOGEN INFORMATION SERVICE
Support Permit Fees for Non-Accessory Signs
As a professional serving Western New York in the prevention of
mental retardation and developmental disabilities, l write to you in support of
legislation proposed by Council member, David Collins to enact a permit fee on
nonaccessory signs and to monitor these signs more closely.
Without this legislation, our communities and lawmakers have no control over
what and how much is displayed in our own neighborhoods! As local residents we
are encouraged to enhance the lives of our children and those around us. We
cannot do this alone! With your help, the City of Buffalo can encourage its
residents by enforcing healthier messages to be displayed in our local
communities.
This legislation would be a positive step in monitoring licensed billboards in
a very cost effective manner. Instead of imposing a greater financial burden on
the City of Buffalo, this licensing fee would in effect "pay for itself;" using
the collected funds to pay for the costs incurred to monitor the area
billboards.
Each year billboard companies make unheard of profits. Furthermore, thousands
of communities nationwide have effectively banned billboards or strictly
regulated them without damaging billboard profits in any meaningful way.
The City of Buffalo has expressed a concern and a desire to control the
proliferation of billboards and begin its removal of illegal boards. The
approval of Mr. Collins legislation would be a major step in reaching these
goals and ultimately, improving the communities in which we live.
I urge you to support this proposal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 93
JUDITH THOMPSON
Request Assistance/Adjustment-Water Charge
617 Linwood Avenue
I am the owner of 617 Linwood Avenue, here in the city. I am
writing to you to request your assistance in a major dispute with the
Department of Water, which began last August.
I had a water meter installed into 617 Linwood, a two-family dwelling, on March
12, 1991. At that time, I was told by the Department of Water, that a meter
would reduce the quarterly bill by at least one half. Attached is a copy of
the installation for the meter and copies of my subsequent bills and related
correspondence since the installation of the meter.
After the first metered bill was more than double my prior flat rate bill, I
hired a plumber (see attached) to check the entire dwelling and fix whatever
was wrong. My next bill was double the first metered bill. I called the
plumber again just to make sure I had no leaks and he confirmed there were
none. I then called the water company to come and check their meter: something
was very wrong. With an attitude, they sent two men out to look at the meter.
I showed them my plumbing receipts and explained what I had done. They checked
the inside and outside meters, told me that something was wrong, got into their
truck and left!!! I called the water company again. This time I requested
another meter be installed, believing now that the one I had had for six months
was faulty. After much bickering back and forth, they finally came out and
installed another meter into 617 Linwood. My next water bill with the new
meter was where I was told the bill would be with a metering unit. I paid it.
I am now disputing the one prior quarter bill.
Please see attached letter and inspection report for the "faulty" meter that
was removed. My bills and records directly dispute the claim that the
Department of Water is making that this first meter is fine. I have no way to
prove that they did not re-calibrate it prior to testing it, replace parts, or
not even test the one in question, but use another one and fudge the numbers on
the report. It would definitely be to their advantage to do so. Furthermore, I
cannot pass on that bill to my tenants... I will not have tenants. It is clear
to me that the water company intends to collect their billed amounts despite my
attempts to dispute them. The best they could do was "ADJUST" one of the bills
amounts (to suit them)!!!
I have made it clear that I do not intend to pay the outrageous bill from a
faulty meter. I have been a property owner and a city tax payer for Buffalo
for the last twenty years. I have stayed in the city because I like it here. I
maintain my properties without fail. I am liked by my tenants, a claim not
many landlords can make these days. I am also a registered voter and am
requesting your help, as an elected official in a position to help, to assist
in correcting this matter. The Common Council is responsible for the decisions
concerning water rates. What can be done to correct this situation without it
getting out of hand. How many other individuals have dealt with this
underhandedness? I am prepared to go to court, if need be, to solve this
matter, but I would rather not have to follow the legal path. Please help me
to solve this matter without litigation.
I look forward to your reply and any assistance you and the Common Council can
provide to expedite a final solution to this growing problem.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF PUBLIC WORKS.
PETITIONS
No. 94
Hawley Development, owner, petition to use 117-119 Colvin for a Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 95
N. Bufalino, owner, petition to use 1195 Hertel for a portable sign on city
R.O.W.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 96
J. Santor & D. Reeves, owners, petition to use 1292-1300 Hertel for a take-out
rest.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 97
Braun Cadillac, owner, Petition to use 2421 Main St. for a Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 98
Brondy Real Estate Co. Inc., petition to use 2565 Bailey Ave. for a Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 99
R. GEMEREK AND OTHERS - OPPOSE USE OF RAMONA AVE. BY EXTRA SCHOOL BUSES.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF EDUCATION.
REPORTS OF REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 100
Appointment
Human Resources/Counselor II
That Communication No. 93, CCP, April 14, 1992 be received and
filed and the Temporary appointment of Donal McReynolds stated above at the
Maximum salary of $22,237.00 effective April 6, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 101
Appointment
Human Resources /YAAP Program Director
That Communication No. 94, CCP, April 14, 1992 be received and
filed and the Temporary appointment of Richard May stated above at the
Intermediate salary of $30,288.00 effective April 2, 1992 is hereby approved
PASSED.
AYES- 11 NOES- 0.
No. 102
Notices of Appointments (City Clerk)
(Com. 105, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 103
SALARY ORDINANCE AMENDMENT
50 - DEPARTMENT OF HUMAN RESOURCES
50-4 DIVISION OF SUBSTANCE ABUSE SERVICES
(ITEM NO. 224, C.C.P., APR. 14, 1992)
That the Salary Ordinance Amendment as contained in Item No. 224,
C.C.P., April 14, 1992 be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 104
Certificate of Necessity- Fringe Benefits (Compt)
(Com. 19, CCP, March 17, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Advisory on Impending Cash Shortages (Compt)
(Com 26, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 106
B. Higgins- Council Study Group Report
(Com 112, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 107
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS - EXEMPT ALLOTMENTS - WATER
ENTERPRISE FUND - WATER
ITEM NO. 167, C.C.P., MAR. 31, 1992
That pursuant to Section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$27,000.00 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - Water and said sum is hereby
reappropriated.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- FAHEY- 1.
No. 108
TRANSFER OF FUNDS
CAPITAL PROJECTS FUND
DIVISION OF BUDGET & MANAGEMENT
DIVISION OF BUILDINGS
ITEM NO. 202, C.C.P., APR. 14, 1992
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
$30,000.00 be and the same is hereby transferred from various accounts in
Capital Projects Fund -Division of Budget & Management and said sum is hereby
reappropriated.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- FAHEY- 1.
No. 109
INCREASED APPROPRlATION OTHER REVENUE
DIVISION OF SUBSTANCE SERVICES
ITEM NO. 168, C.C.P., MAR. 31, 1992
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 Division of Substance Services be and same is hereby increased in
the sum of $40,000.00; and
That the Comptroller be and hereby is authorized and directed to increase
the revenue estimate of accounts listed in the above communication.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- FAHEY- 1.
No. 110
INCREASED APPROPRIATION OTHER REVENUE
DIVISION OF SUBSTANCE SERVICES
ITEM NO. 204, C.C.P., APR. 14, 1992
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 - Division of Substance Services be and same is hereby increased in
the sum of $42,465.00; and
That the Comptroller be and hereby is authorized and directed to increase
the revenue estimate of accounts listed in the above communication.
PASSED.
AYES- 11 NOES- 0.
No. 111
REPORT OF BIDS -
LaSALLE PARK CONCESSION
(ITEM NO. 52, C.C.P., APR. 14, 1992)
That the Commissioner of Parks be, and he hereby is authorized
to award a concession to Nelson Sargent, the highest responsible bidder, for
the LaSalle concession in the amount of $8,888.00.
PASSED.
AYES- 11 NOES- 0.
No. 112
REPORT OF BIDS - SMALL CRAFT
CONCESSION AT BENNETT BEACH
(ITEM NO. 53, C.C.P., APR. 14, 1992)
That the Commissioner of Parks be, and he hereby is authorized
to award a concession to 4 C's Sailing Center, Inc., the highest responsible
bidder, for the small craft concession at Bennett Beach in the amount of
$7,600.00.
PASSED.
AYES- 11 NOES- 0.
No. 113
REPORT OF BIDS
CITYWIDE PLAYGROUND RENOVATIONS PHASE II
(ITEM NO. 54, C.C.P., APR. 14, 1992)
That the Commissioner of Parks be, and he hereby is authorized
to award a contract for Citywide Playground Renovations Phase II in the amount
of $113,597.55 to Gleason Nursery, Inc., 4780 Sheridan Drive, Williamsville,
New York, the lowest responsible bidder. Funds for this work are available in
a Bond Fund set aside for this purpose.
PASSED.
AYES- 11 NOES- 0.
No. 114
REPORT OF AUCTION
421 BEST, FORMER HOOK & LADDER # 6 & ENGINE HOUSE # 21
S 25' E EARL LOT SIZE: 50' x 180'
W/A/P 14' x 50' IN SW CORNER ON EARL
ASSESSED VAL: LAND: $9,700 TOTAL: $105,000
(ITEM NO. 20, C.C.P. MARCH 11, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 115
Mt. Olive Church- Protest Demo. Cost-414 Glenwood
(Item 93, CCP, 17, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Protest Demo. Charge-414 Glenwood (CC)
(Item 56, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Protest Demo. Charge-414 Glenwood (ICR)
(Item. 86, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Forgive Demo. Cost-501 Goodyear
(Res. 152, CCP, Mar. 17, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Forgive Demo. Cost-501 Goodyear (CC)
(Item. 57, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Forgive Demo. Cost-501 Goodyear (ICR)
(Item. 87, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
SALE OF HURD COMPUTER
ITEM NO. 27, C.C.P., APR. 14, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Comptroller be, and he hereby is authorized to sell used
computer equipment to Revacomp Inc., Houston Texas, the highest responsible
bidder, in the amount of $7,000.00.
PASSED.
AYES- 11 NOES- 0.
No. 122
PERMISSION TO NEGOTIATE 129 IVY, E 145.22' S. GENESEE
VACANT LAND: 31' x 109'
ASSESSED VALUATION:
LAND: $900 TOTAL: $11,500
(ITEM NO. 30, C.C.P. APRIL 14, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Comptroller be, and he hereby is authorized to negotiate with
Paul J. O'Brien residing at 41 Woodview Avenue, Hamburg, New York, for the
private sale of 129 Ivy, Buffalo, New York, and report to this Honorable Body
the results of such negotiations.
ADOPTED.
No. 123
ORDINANCE AMENDMENT CHAPTER 103-24 RECORDS
(ITEM NO. 205, C.C.P. APRIL 14, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Ordinance Amendment as contained in Item No. 205, dated April
14, 1992, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 124
ORDINANCE AMENDMENT CHAPTER CHAPTER 175-FEES (CHAPTER 103)
(ITEM NO. 209, C.C.P. APRIL 14, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved to recommit the above item to the Committee on Finance.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 125
THOMAS D. TRIGILIO, OWNER, PETITION TO USE
2931-2939 BAILEY AVENUE
(Item No. 125, C.C.P., 4/14/92
That after a public hearing held before the Committee on Legislation
on April 21, 1992 the petition of Thomas D. Trigilio, owner, to use 2931-2939
Bailey Avenue to erect a one story masonry shop addition to the rear and a
one-story office addition to the side of an existing one-story masonry used car
sales building, be and the same hereby is approved, on the condition that no
collision work be undertaken on the premises.
PASSED.
AYES- 11 NOES- 0.
No. 126
GANCI'S EXPRESS FOOD MART LTD., OWNER,
PETITION TO USE 1241 LOVEJOY FOR A POLE SIGN
(Item No. 126, C.C.P., 4/14/92)
That after a public hearing held before the Committee on Legislation
on April 21, 1992 the petition of Ganci's Express Food Mart Ltd., owner, to use
1241 Lovejoy for a pole sign, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 127
VIVIAN HOLDEN, OWNER, PETITION TO USE 956 NIAGARA STREET FOR A POLE SIGN
(Item No. 104, C.C.P., 3/31/92)
That after a public hearing held before the Committee on Legislation
on April 21, 1992 the petition of Vivian Holden to use 956 Niagara Street for a
pole sign, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 128
ABANDON/CLOSE BECKWITH STREET
(ITEM NO. 44, C.C.P., MAR. 17, 1992)
That that portion of Beckwith Street between Madison Street and
Sycamore Street, more particularly described in the above communication, be and
hereby is closed and abandoned as a public street.
PASSED.
AYES- 11 NOES- 0.
No. 129
Abandon/Close Beckwith (Fire)
(Item 50, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Abandon/Close Beckwith (Police)
(Item 60, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
N. COSTANTINO - OFFER TO PURCHASE
VERNON TRIANGLE PARK
(ITEM NO. 86, C.C.P, JAN. 21, 1992)
That pursuant to Chapter 413, Section 67 of the Ordinances the
Commissioner of Public Works be, and he hereby is authorized to issue a "mere
license" to Nicholas Costantino for the use of Vernon Triangle Park at the
corner of Main and Vernon Streets for the period from May 1, 1992 to September
30, 1992 with the following conditions:
1. That a non-permanent decorative fence or barrier be erected enclosing the
property but allowing public access around the periphery thereof.
2. That the park area will be closed by 10:00 pm each day.
3. That no music live or recorded, will be played in the park area.
4. That no alcoholic beverages will be permitted in the park area.
5. That Mr. Costantino will be responsible for all necessary maintenance and
upkeep.
6. That Mr. Costantino will provide an insurance policy which will indemnify
and hold harmless the City of Buffalo against any and all loss or damage, in
form and sufficiency acceptable to the Corporation Counsel and the Comptroller.
This "mere license" shall be subject to review by the Common Council on
an annual basis.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, PITTS- 2.
No. 132
I. Evans-Illegal Repair Shop-495 Hewitt
(No. 90, CCP, Mar. 17, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Illegal Repair Shop-495 Hewitt (Police)
(Item 49, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Illegal Repair Shop-495 Hewitt (Police)
(Item 61, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Illegal Repair Shop-495 Hewitt (ICR)
(Item 88, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Close Social Club-1495 Genesee (Police)
(Item 48, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Close Social Club-1495 Genesee (ICR)
Com 69, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 138
NYSABC- Close Social Club- 1495 Genesee
(No. 93, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Time Clocks for Streets Dept.
(Res. 171, CCP, Mar. 3, 1992)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED.
No. 140
Time Clocks for Streets Dept. (Sts)
(Com 83, CCP, Apr. 14, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Charge BSA for Use of City Property
(Res. 132, CCP, Nov. 12, 1991)
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED.
No. 142
Payments-Use of City Property (BSA)
(Com 58, CCP, Nov. 26, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Charge BSA-Use of City Property (A&F)
(Com 40, CCP, Dec. 10, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
EIS Findings-Elephant Habitat-Zoo (Presv. Ed.)
(Com 17, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 145
2133 GENESEE STREET REQUESTS
PERMISSION TO INSTALL AWNING
(ITEM NO. 51, C.C.P., APR. 14, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a mere license" to Mr. Richard Suchan of Buffalo Expert Service
Technician, Inc. (B.E.S.T.), located at 2133 Genesee Street, to install an
awning which would encroach city right-of-way at said address, subject to the
conditions as listed in the above communication.
PASSED.
AYES- 11 NOES- 0.
No. 146
Response to 911 Calls (Police)
(Com 59, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Bryant & Stratton-Change in School Curriculum
(No. 108, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 148
NYSDOT Clean-up of Litter
(No. 119, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 149
Hearing
L.D.A. Masten New Hsg. - BBZ Dev. Co.
(Item No. 206, C.C.P., April 28, 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 April 28, 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- Louis Malucci, Community Development Department.
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Coppola.
CARRIED.
Mr. Bell moved that;
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the "Agency")
has duly designated BBZ Development Company, and/or other legal entity to be
formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed amended Land Disposition Agreement (amended LDA)
has been duly submitted to this Common Council by the Buffalo Urban Renewal
Agency; and
WHEREAS, BURA and Redeveloper have requested to amend said LDA to include
two (2) additional lots known as 161 East Utica Street located in the Masten
Councilmanic District- and 1008-1010 Smith Street located in the Ellicott
Councilmanic District, for the construction of two additional dwelling units,
which are situated in the Community Wide Urban Renewal Homestead Program,
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and BBZ Development Company shall be amended as
follows:
a.) Amend Schedule "A" as attached hereto to include the following:
161 East Utica Street
1008-1010 Smith Street
b.) Amend section 4 of the LDA to increase the number of residential dwelling
units to twelve (12)
c.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That BBZ Development Company and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban
Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to said Redeveloper.
PASSED.
AYES- 11 NOES- 0.
No. 150
Revenue/Fixed Assets Report-BURA (Compt)
(Com 19, CCP, Mar. 3, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, PITTS- 2.
No. 151
Revenues/Fixed Assets Report-BURA (CD)
(Com 47, Mar. 3, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, PITTS- 2.
No. 152
BEDC-Revenues/Fixed Assets Report
(No. 73, CCP, Mar. 3, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 153
NFTA-Rpt. Summaries-Tonawanda Railbus
And Amherst Corridor
(No. 94, CCP, Mar. 31, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Ending Dates for L.S.H.P.'S
(Com 92, CCP, Apr. 14, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 155
BY: MESSRS. AMOS, BAKOS, BELL, PERLA, ZUCHLEWSKI & FRANCZYK
Seek RFP For Cost Recovery System
WHEREAS: The City of Buffalo is in the middle of a major fiscal
crisis; and
WHEREAS: An abstract study of city services has indicated that the costs
associated with providing services such as housing inspections and license
issuance exceed the revenue generated from fees collected to provide the
service; and
WHEREAS: A cost recovery system will be able to detail services and the cost
of providing those services and put forth a formula to recover the cost of
delivering those services;
NOW, THEREFORE BE IT RESOLVED:
That the City of Buffalo immediately seek proposals for the development of a
cost recovery system for the City of Buffalo;
and
BE IT FURTHER RESOLVED:
That a firm be chosen by July 1, 1992.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI-
0.
NOES- ARTHUR, PITTS- 2.
No. 156
BY: MR. ARTHUR
Home Rule Message - Assembly Bill # 10395 an act to amend paragraph
(b) of subdivision I of section 541 of the Executive Law, as amended by chapter
384 of the laws of 1990, in relation to designated agencies in certain cities.
WHEREAS: There is an act A. 10395 introduced in the Assembly, which
would establish an area agency on the aging; and
WHEREAS: This act would amend paragraph (b) of subdivision 1 of section 541
of the Executive Law, as amended by chapter 384 of the laws of 1990, in
relation to designated agencies in certain cities; and
WHEREAS: Such action would allow the legislature to amend the law enabling
cities with a population of one hundred and sixty thousand people or more to be
designated as an area agency on aging pursuit to the 1965 federal older
Americans act; and
WHEREAS: Currently, senior citizen funding is allocated by a county area
agency, this measure would give our city, which 15 much larger than many
counties, the ability to receive direct funding for programs for the aging.
Since cities such as Buffalo contain a growing population of senior citizens.
This should lead to an increase in funding and available programs for a
population with significant unmet needs.
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo hereby requests the enactment into law of Assembly
Bill A-10395 an act to amend the Executive Law.
BE IT FURTHER RESOLVED:
That the City Clerk is hereby authorized and directed to certify the passage of
this resolution to the State Legislature and to send to the home rule counsel
of the Senate and Assembly and to the Western New York Delegation.
ADOPTED.
No. 157
BY: MR. ARTHUR
COUNCILMEMBER COLLINS EXCUSED FROM MEETING
Council member David A. Collins is hereby excused from the regularly
scheduled meeting of the Buffalo Common Council on Tuesday, April 28, 1992 due
to his absence from the city.
ADOPTED.
No. 158
BY: MESSRS. BELL AND COPPOLA
CITY OF BUFFALO
LOCAL LAW NO ________ (1992)
INTRODUCTORY NO __5__ (1991)
A LOCAL LAW amending section one hundred ninety of the charter
of the City of Buffalo to require the Director of Water to prepare and mail to
all water customers an Annual Water Supply Statement which shall present
information on the quality of the City's drinking water.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section one hundred ninety of the charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 190. Duties and Powers.
The director of water, under the supervision of the commissioner, shall
be charged with and exercise the following powers and duties, to wit: The
control, direction, management, maintenance and repair of the existing water
system and plants of the city, and the control, direction and maintenance of
the sources of water supply, and the planning, construction, alteration, repair
and maintenance of the extensions of the existing water system and plants, the
control and management of the furnishing of a water supply to the city and its
inhabitants, and the fixing of rates therefor, subject, however, to the
approval of the council. He shall prepare and mail to all water customers an
Annual Water Supply Statement which presents information in a clear and concise
form on the quality of the drinking water. He shall also exercise such other
powers, and perform such other duties as may be conferred or imposed upon him
by the commissioner or by any provision of this act, or by any general law.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 159
BY: MR. COLLINS
Jefferson Avenue Commercial Urban
Revitalization Area (C.U.R.A.)
Urban Renewal Plan Amendment
Public Hearing
Whereas, the Urban Renewal Plan for the Jefferson Commercial Urban
Revitalization Area was duly approved by the Common Council on May 15, 1979,
C.C.P. No. 81; and
Whereas, the original plan was subsequently extended by the Common
Council for an additional 5 years on May 30, 1989, C.C.P. No. 148; and
Whereas, the Buffalo Neighborhood Revitalization Corporation is proposing
to develop the parcel of land located at Jefferson, Landon and Riley in the
Hasten Council District, as a model home site for 16 single-family housing
units; and
Whereas, the current land use designation for this 1.7 acre site is
"Neighborhood Business/Commercial"; and
Whereas, the Department of Community Development has proposed an
amendment or "change of use" from "Neighborhood Business/Commercial" to
"Residential", to allow for residential development; and
Whereas, the City Planning Board, after the required public hearing on
April 21, 1992, gave its unqualified approval to the plan amendment; and
Whereas, the Housing Act of 1949, as amended, and Article 15 of the
General Municipal Law require that the Urban Renewal Plan Amendment be approved
only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto
and marked "Notice of Hearing" in the Buffalo News and the City Record, no
later than the 30th day of May, 1992.
2. That this Common Council will conduct a public hearing on the matters stated
in said "Notice of Hearing" at 2:00 pm. in the Council Chambers on Tuesday,
June 9, 1992.
ADOPTED.
No. 160
BY: MESSRS. COLLINS & COPPOLA
COSTS CONNECTED TO "OPERATION RESCUE"
WHEREAS: "Operation Rescue" has descended on the City of Buffalo
causing undue and unnecessary stress on its residents; and
WHEREAS: The residue of "Operation Rescue" may serve to divide an already
fragmented community for years to come; and
WHEREAS: The cost connected to police protection, housing and the courts
will serve to further exacerbate an already staggering City of Buffalo deficit:
and
WHEREAS: This action by the Mayor has all of the makings of an irresponsible
act executed by a public official who is fully knowledgeable of its impact; and
WHEREAS: Such use of power does not serve the interests of the electorate;
and
WHEREAS: The economic cost connected to "Operation Rescue" should be fully
reported to this Common Council;
NOW, THEREFORE BE IT RESOLVED:
That the Mayor be requested to provide an accurate and more recent accounting
of these costs; and
BE IT FURTHER RESOLVED:
That the Corporation Counsel report to this body the legal implications of the
Mayor's conduct in this action considering our financial plight.
ADOPTED.
No. 161
BY: MR. COPPOLA
FEASIBILITY STUDY FOR UNDERGROUND PARKING AT ZOO
WHEREAS: Delaware Park and the Buffalo Zoo are both experiencing
a dramatic increase in popularity; and
WHEREAS: This popularity has impacted negatively on the park and surrounding
neighborhoods because of the increase in demand for accessible parking; and
WHEREAS: It is undesirable from aesthetic, historical, and park user
perspectives to consider increasing parking facilities in Delaware Park; and
WHEREAS: A similar problem was solved at the Harvard Medical School last
year by the construction of an underground parking facility; and
WHEREAS: An underground parking facility constructed under the present
parking lot would alleviate the congestion on the Ring Road, caused in part by
parking, and on neighborhood streets, but would also create adequate parking
for the Science School Magnet and Zoo employees, volunteers, and patrons; and
WHEREAS: Funds in account number 200-061-001, Planning for Capital Projects,
could be used for a feasibility study on an underground parking facility under
the present Zoo parking lot.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that a study be undertaken on the feasibility of
an underground parking facility under the present Zoo parking lot which would
project a cost analysis and the number of vehicles to be accommodated; and
BE IT FURTHER RESOLVED THAT
The City Clerk send certified copies of this resolution to the Buffalo Zoo,
Delaware Park Steering Committee, Buffalo Friends of Olmsted Parks, Parkside
Community Association, Preservation Coalition, and Concerned Citizens for the
Park for their comments.
REFERRED TO COMMITTEE ON LEGISLATION, THE BUFFALO ZOO, THE DELAWARE PARK
STEERING COMMITTEE, BUFFALO FRIENDS OF OLMSTED PARKS, PARKSIDE COMMUNITY
ASSOCIATION, THE PRESERVATION COALITION, AND CONCERNED CITIZENS FOR THE PARK.
AYES- AMOS, ARTHUR, BAKOS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- BELL, FAHEY- 2.
No. 162
BY: MR. COPPOLA
REQUEST RESPONSE ON CURRENT
LINWOOD AVENUE PARKING PROBLEMS
WHEREAS: Temporary "No Standing Anytime" signs were posted on Linwood
Avenue near West Utica in anticipation of the onslaught of vehicles for the
abortion protests; and
WHEREAS: Area residents, many of whom do not have off-street parking
facilities, have been adhering to these temporary signs at great inconvenience;
and
WHEREAS: Although protesters and the media have been ignoring the temporary
"No Standing Anytime" signs and in one case a resident's driveway was blocked,
according to neighborhood residents, who have repeatedly been ticketed for not
observing the normal two-hour regulations, illegally parked vehicles have not
been ticketed since the special signs were posted; and
WHEREAS: Ordinarily, "No Standing Anytime" signs are posted before special
events such as parades or conventions; and
WHEREAS: Neighbors on Linwood Avenue are outraged at the lack of enforcement
and feel that selective ticketing is taking place.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Director of Parking Enforcement and
Commissioner of Police appear at this Council meeting to respond to
neighborhood concerns about selective ticketing and the lack of enforcement of
temporary parking regulations posted on Linwood near West Utica.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 163
BY: MR. COPPOLA
CITY OF BUFFALO
LOCAL LAW NO _________ (1992)
INTRODUCTORY No.___7__ (1992)
A LOCAL LAW amending section four hundred fifty-one of the charter
of the city of Buffalo, allowing elective officers to refuse salary increases.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That the first paragraph of section four hundred fifty-one of
the charter of the city of Buffalo, adopted pursuant to law, be amended to read
as follows:
Sec. 451. Salaries of Elective Officers.
A mayor elected under this act shall receive an annual salary of seventy-nine
thousand three hundred eighty dollars. The comptroller shall receive an annual
salary of seventy-three thousand eight hundred sixty-seven dollars and fifty
cents, and the president of the council shall receive an annual salary of
fifty-two thousand nine hundred twenty dollars. Each council member shall
receive an annual salary of forty-one thousand eight hundred ninety-five
dollars. Each of the afore-mentioned elective officials may choose to refuse
any increase in annual salary over and above the rate in existence on July
first, 1992, if, in his or her opinion, the fiscal times so warrant. Any such
refusal must be in writing and directed to the comptroller and the commissioner
of finance, and shall not affect the salary of future office holders or of the
same individual if elected to a different office.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, PITTS- 2.
No. 164
BY: MR. FAHEY
ESTABLISHING A SEQRA PROCESS
FOR CAPITAL BUDGET PROJECTS
WHEREAS: Bond Counsel has notified the Comptroller that for capital
budget projects, a SEQRA review of the project must be done before bonds can be
sold to finance the project; and
WHEREAS: No procedure is currently in place to ensure the SEQRA review of
each capital budget project; and
WHEREAS: The Buffalo Environmental Management Commission has expressed a
willingness to help in the review of SEQRA matters and is empowered to do so
under its enabling legislation; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby establishes the following procedure to be used for
1992-93 capital budget projects:
1. After the capital budget is adopted, Councilmembers will write
resolutions asking appropriate executive departments to prepare draft
environmental assessment forms (EAFs) for the projects the Councilmember has
sponsored;
2. The resolution for each project will include, or will reference, a
description of the project which contains essential information on the location
and nature of the project. This information will be sufficient for department
staff to locate the data necessary for the preparation of an EAF;
3. The Department will have 10 days to request further information on the
project from the Council. The department will have 30 days to submit the draft
to the Environmental Management Commission or to ask the Common Council for an
extension of time;
4. If, after 30 days, the Council is dissatisfied with the progress of the
Department, the Council can request the Environmental Management Commission to
prepare a draft EAF on the project for the Council;
5. Within 20 days of the receipt of the draft EAF, the Environmental
Management Commission will make a judgement as to the completeness of the
assessment and will write up its own recommendations regarding environmental
impacts of the project, if appropriate.
6. The Council will make the ultimate decision and will adopt a negative or
positive declaration on each project
BE IT FURTHER RESOLVED THAT:
Copies of this resolution be sent to the Mayor, the Departments of Community
Development, Law, and Public Works, the Board of Education, and the
Comptroller's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT
COMMISSION, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE COMPTROLLER.
No. 165
BY: MR. FAHEY
ADDITIONAL APPOINTMENTS
TO THE LEAD ACTION TASK FORCE
WHEREAS: The Joint City-County Lead Action Task Force has been
making steady progress in formulating plans to aid local governments in
combatting lead poisoning; and
WHEREAS: The Task Force has requested that the Common Council make
additional appointments to the Task Force from the Youth Planning Council which
is a collaborative body for agencies serving youth on the Near East Side;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints two representatives from the Youth Planning
Council to the Joint City-County Lead Action Task Force:
Johnny Wiley Gloria Wilson
64 East Depew 483 Winslow Avenue
Buffalo, NY 14214 Buffalo, NY 14211
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send certified copies of this resolution to the
above listed individuals and to the offices of Assemblyman Arthur O. Eve and
County Legislators Joan K. Bozer and Roger I. Blackwell.
ADOPTED.
No. 166
BY: MR. FAHEY
Engrossed Copy Hoyt In Memoriam
WHEREAS: THIS COMMON COUNCIL ADOPTED RES. # 229, CCP APRIL 14,
1992, "IN MEMORIAM - WILLIAM B. HOYT"; and
WHEREAS: IT IS THE DESIRE OF THIS COUNCIL TO HAVE AN ENGROSSED COPY OF THIS
RESOLUTION PRESENTED TO MR. HOYT'S FAMILY;
NON, THEREFORE, BE IT RESOLVED:
THAT THIS COMMON COUNCIL AUTHORIZES AN ENGROSSED COPY OF RES # 229, CCP APRIL
14, 1992, TO BE PREPARED AT A COST NOT TO EXCEED $100.00.
ADOPTED.
No. 167
BY MR. FAHEY
Councilmember LoTempio Excused from Meeting
That Councilmember Rosemarie LoTempio, he and she is hereby excused
from attendance at the Council meeting of April 28, 1992, due to her absence
from the City.
ADOPTED.
No. 168
BY: MR. FAHEY
Endorse Creation Of Commission To Develop Five-Year Management
And Finance Plan For City of Buffalo
WHEREAS: The executive committees of the Greater Buffalo Development
Foundation (GBDF) and the Greater Buffalo Chamber of Commerce formed the
GBDF-Chamber City Budget Task Force in order to advise and assist City of
Buffalo officials in responding to the city operating deficits projected for
fiscal year 1991-92 and fiscal year 1992-93; and
WHEREAS: On April 24, 1992, the GBDF-Chamber City Budget Task Force released
a report presenting several possibilities for resolving the fiscal problems the
city is facing; and
WHEREAS: In addition to alternatives for solving the fiscal crisis,
the Task Force recommended the immediate creation of a commission to
develop a five-year management and finance plan to ensure a long term
fiscal stability for the city; and
WHEREAS: The GBDF-Chamber City Budget Task Force has volunteered to serve as
part of the commission charged with developing the long term management and
finance plan and would submit a plan to the Mayor and the Council by October 1,
1992;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo endorse the recommendation made
by the GBDF-Chamber City Budget Task Force to establish a commission to develop
a five-year management and finance plan for the City of Buffalo; and
BE IT FURTHER RESOLVED:
That this Honorable Body request that the GBDF-Chamber City Budget Task Force
serve as members of the proposed Plan Commission in addition to representatives
nominated by the Mayor, Comptroller, and Common Council and that this
commission file a report of its five-year plan by October 1, 1992.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- ARTHUR, PITTS- 2.
No. 169
BY: MR. FRANCZYK
Negotiate Private Sale For 201 Box Avenue.
WHEREAS: Benjamin Watson of 203 Box Avenue has expressed a desire
to purchase a city owned vacant lot adjacent to his home; and,
WHEREAS: Mr. Watson has been trying to purchase this lot from the city since
1987, but to no avail; and,
WHEREAS: Mr. Watson wishes to use this lot to expand his yard; and,
WHEREAS: Mr. Watson will clean and maintain this now weed covered lot, which
has become a repository for trash and is a general eyesore and a nuisance.
NOW THEREFORE BE IT RESOLVED:
That this Common Council authorizes the Division of Real Estate to
negotiate a private sale of 203 Box Avenue with Benjamin Watson.
ADOPTED.
No. 170
BY: MR. HIGGINS
Payment Of Certain Small Claims
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Helen Bailey
Claim for damaged automobile on previously reported
hazardous condition. $89.58
2. Yvonne M. Bratton
Claim for automobile inadvertently sold at City
auction. $85.00
3. Albert Grochmal
Claim for loss of garbage can. $10.00
4. R.M. Lewandowski
Claim for loss of garbage can. $5.69
5. James Mariani
Claim for loss of garbage cans. $17.00
6. Suzanne Pilon
Claim for loss of garbage can. $6.00
7. Helene Pitonak
Claim for loss of garbage can. $6.00
8. D. Scheifla
Claim for loss of garbage can. $11.00
9. Sandra Timmel
Claim for loss of garbage can. $10.00
10. James F. Webb
Claim for loss of garbage can. $13.00
11. Marian Winfield
Claim for loss of garbage can. $11.00
12. Carol Zuercher
Claim for loss of garbage can. $2.78
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 11 NOES- 0.
No. 171
BY: MR. PITTS
Reappointments to BCAM Board
WHEREAS: For the past year Jan Peters and Mel Netzhammer have served
as Colon Council appointees to the Board of Directors of Buffalo Cable Access
Media (BCAM), the city's public access operator; and
WHEREAS: Ms. Peters, Director of the Buffalo Federation of Neighborhood
Centers, has served on the board's committees on refranchisement and grant
development; and
WHEREAS: Mr. Netzhammer, Assistant Professor of Communications at SUNY
College at Buffalo, has chaired the nominating committee and has provided much
assistance regarding start-up procedures for the public access facility;
WHEREAS: Both Ms. Peters and Mr. Netzhammer have been active and concerned
members of the BCAM board;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council reappoint Jan Peters and Mel Netzhammer to the Board
of Directors of Buffalo Cable Access Media for three-year terms.
ADOPTED.
No. 172
BY: MR. ZUCHLEWSKI
Comment on B.F.I. Recycling Application
WHEREAS: Browning Ferris Industries has applied to the New York
State Department of Environmental Conservation for permission to expand their
recycling operation at 2321 Kenmore Ave. from 50 tons per day to a maximum of
360 tons per day, and
WHEREAS: This facility is located on the Town of Tonawanda, City of Buffalo
border, and
WHEREAS: Under the S.E.Q.R. process, the public has until May 5, 1992 to
comment on this application, and
WHEREAS: Because of its close proximity to the city line, there will be a
substantial increase in the amount of truck traffic on City of Buffalo streets,
and
WHEREAS: While we understand the benefits of the Town of Tonawanda's
recycling efforts, any inconveniences to City residents such as an increase in
dirt, dust noise and vibrations in addition to damage to our roadways near this
facility should be minimized,
NOW, THEREFORE, BE IT RESOLVED:
that this Common Council officially go on record stating that any truck traffic
to and from B.F.I.'s recycling center located at 2321 Kenmore Ave. be diverted,
to the greatest extent feasible, away from City of Buffalo streets in order to
minimize the increase in dirt, dust, noise and vibrations near residential
properties and to avoid damage to our roadways,
BE IT FURTHER RESOLVED:
that the City Clerk send certified copies of this resolution to the New York
State Department of Environmental Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- ARTHUR- 1.
No. 173
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:
Dorothy Smith Bell
Bonnie E. Russell
Total- 2.
ADOPTED.
No. 174
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:
Virgil F. Cicco
Sharon Comerford
Olivia A. Dragone
Barbara Duk
Phyllis A. Gerard
Lucille M. Grieco
Calvin J. Hall
Laura B. Hunt
Patrick K. Irwin
Paula Y. Kregg
Lucille LoDestro
Ronald F. Magrum
Patricia Mulderig
Paulette A. Mulderig
Timothy M. Mulhern
Nancy Schuster
Barbara A. Slisz
Michael D. Turman, Sr.
Ronald D. Walker, Sr.
Lucretia P. Williams
TOTAL: 20.
ADOPTED.
No. 175
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, MAY 5, 1992 9:30 AM
FINANCE Tuesday, MAY 5, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, MAY 5, 1992 2:00 PM
ECONOMIC DEV. Wednesday, MAY 6, 1992, 10:00 AM
ANCILLARY COMMITTEES
BUDGET COMMITTEE Friday, May 1, 1992, 9: 00 AM
No. 176
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Amos, the Council adjourned
at 3:10 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.