HomeMy WebLinkAbout92-0707
No. 14
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, July 7, 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, July 7, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held June 23, 1992, and the Special Session held on June 30, 1992 were
approved
FROM THE MAYOR
No. 1
Veto Message - Bond Resolution - $2,350,000
Prepare Plans/Sports Arena
Item No. 205, C.C.P., June 23, 1992
In 1990, the City entered into an interim five year lease with
the Buffalo Sabres which was to cover a planning period for pursuing the
feasibility of a new arena.
Pursuant to this extension of the previous 20 year lease, the City took
the following actions:
1. It borrowed $5.1 million and improved the Aud by adding air
conditioning, replacing the roof, installing elevators, and making the building
accessible to the handicapped.
2. It agreed to take a fixed rent payment each year ($1,600,000 in
1992-1993) instead of the previous percentage share of ticket revenue and other
revenue. This provision means the City will forego added revenue from
escalating ticket prices.
3. It identified a site for the new arena and has discouraged development
in the area from impinging on the possibility of a new arena.
In addition, the Sabres were given a window in the lease of March 1, 1992
by which date the City could eliminate the Sabres right to cancel if the City
acquired the site and completed 30% of the detailed drawings for the building.
The fiscal impact of accomplishing these two items is at least $7.4 million:
* $5.0 million to acquire and clear the site (1991 estimate)
* $2.4 million for 30% stage drawings
In addition to the above, the Sabres have steadfastly maintained that the
City must agree to the recently improved Aud foregoing all other major revenue
events to the new arena. Thus, the city must be prepared to either demolish
the Aud at a cost of $1.0 -$2.0 million, operate it at a major loss, or convert
it to another use at a high price.
* The Sabres $106.5 million plan does not include funds for a new transit
stop that is estimated to cost from $2.0 - $12.0 million. It is implied that
the public sector must pick up this cost
* Major new parking structures for 2000 autos are estimated to cost $14.0
million
and are included in the Arena cost, but the Sabres are counting on taking
all revenue
from these facilities, but are seeking public funding to assist the
construction
In my recent communication to Your Honorable Body in June, I explained in
detail that the City must fund it's regular operations with over $40 million a
year less than we originally thought we could count on when we entered into the
interim lease with the Sabres.
The Sabres have proceeded to engage an architect for preliminary drawings
and have taken the position that they would be the developer and the sole
operator of the new arena. We infer from this approach that the Sabres are
prepared to oversee the construction and let the bids for the building. Thus,
the bond issue for $2,350,000 (to pay for a portion of plans and
specifications) would, under current thinking, be paid over to the Sabres,
which is inconsistent with New York State Local Finance Law and the New York
State Constitution.
Secondly, we have at this date, missed the deadlines in the interim
lease, and approval of these bonds will not remedy the situation. The total
estimated cost for architectural and engineering expenses is $7,952,000
according to the April 24, 1991 Ellerbe Becket budget estimate. I have no idea
where the added $5.6 million for plans and specs is coming from to complete the
drawings.
Thirdly, passage of this bond issue is a clear message from Your
Honorable Body that you are willing to consider and additional $5.0 million
bond issue to acquire the site, since both items are mentioned in the interim
lease. This was done without receiving a detailed financial funding plan from
the Sabres.
As I have stated before, the City's financial capability to undertake a
major role in the new Arena has been stripped by reductions in State Aid and
actions by the County to keep the extra sales tax revenue. It is premature for
the level of government with the least money to jump in first giving every
indication that it has unlimited resources to fund this project. Given the
continuing budget shortages in our departments providing essential services, it
is prudent to wait for a specific request and financial plan which the Sabres
have indicated they are preparing.
For the above reasons, I am compelled to veto this Bond Resolution.
Mr. Fahey moved to Override the Mayor's Veto of Item No. 205, C.C.P.,
June 23, 1992- Bond Res. $2,350,000 Prepare Plans- Sports Arena.
Seconded by Mr. Pitts
REPASSED.
AYES- ARTHUR, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- AMOS, BAKOS, BELL- 3.
No. 2
Reappointment of Member of Board of Stadium and
Memorial Auditorium
Pursuant to the provisions of Section 109-A of the Charter of
the City of Buffalo, I hereby reappoint Mary Ann Considine, 65 Potters Road,
Buffalo - 14220, as a member of the Board of Stadium and Memorial Auditorium
for a term expiring June 30, 1997.
I hereby certify that Mary Ann Considine is fully qualified to serve as a
member of the Board of Stadium and Memorial Auditorium.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Appointment of member of the Buffalo Sewer Authority
Pursuant to the powers vested in me by Section 1177 of the Public
Authorities Law, I hereby appoint Right Reverend Monsignor John R. Gabalski,
123 Townsend Street, Buffalo - 14212, subject to confirmation by Your Honorable
Body, as a member of the Buffalo Sewer Authority effective July 1, 1992 for a
term expiring June 30, 1995.
Monsignor John R. Gabalski has served as pastor of St. Stanislaus R.C.
Church for the past 15 years. He is also a director of St. Stanislaus Cemetery
Monsignor Gabalski will succeed Theodore V. Mikoll whose term expired
June 30, 1992.
I hereby certify that Monsignor John R. Gabalski is fully qualified to
serve as a member of the Buffalo Sewer Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 4
Russer Foods - Request to erect an
illuminated sign at 50 Van Rensselaer St. (Corner Perry)
Item No. 95, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above application pursuant to Section 387-19 or the
Buffalo Code, Review or Pole Signs.
The applicant seeks to place an illuminated, accessory, pole sign which
will be 40 feet in overall height and will have a sign face measuring 14 feet
by 44 feet, or 66 square feet. The sign will be placed in the Perry Street
side or the subject property.
The site is located in an M2 zone which allows such accessory signs.
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 accessory sign.
RECEIVED AND FILED.
No. 5
Jacobi Development Inc. - Request to convert a four-story building into a
32-apartment complex at 526 Niagara St.
Item No. 96, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held June 30, 1992
considered the above request pursuant to Section 511-68 and 511-89 or the
Buffalo Code, the Niagara River Coastal Special Review District and the Review
or Multiple Dwellings.
The applicant seeks to convert an existing four-story masonry wholesale
sales, storage and office building into 32 apartments (24 two-bedroom, 8
one-bedroom) with parking. The applicant also seeks to erect an addition for a
stairhall.
The site is located in a C2 zone which is also overlain by the Niagara
River Coastal Special Review District. The proposed renovation is under review
by the Zoning Board or Appeals for area and density variances. Under S.E.Q.R.,
the proposed renovation is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted "no objection" to the proposed renovation.
RECEIVED AND FILED.
No. 6
G. Carriero - Application to convert a portion of a retail store into a
take-out restaurant at 1544 Hertel Ave.
Item No. 97, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above application pursuant to Section 511-59 of the
Buffalo Code, the Hertel Avenue Special Zoning District.
The applicant seeks to develop approximately 600 square feet of an
existing retail store into a take-out restaurant.
The site is located in the Hertel Avenue Zoning District which considers
eating and drinking places to be restricted uses requiring the approval or Your
Honorable Body. Under S.E.Q.R., the proposed take-out restaurant is considered
an unlisted action which may be studied through uncoordinated review. On site,
off-street parking exists to accommodate the restaurant's users.
The Planning Board voted to approve the proposed take-out restaurant on
the condition that any signage complies with the regulations or the underlying
C2 zone.
RECEIVED AND FILED.
No. 7
Southside Bowling Center Inc. - Request to erect an additional sign to an
existing pole at 1603 Seneca St.
Item No. 98, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above request pursuant to Section 387-19 of the Buffalo
Code, Pole Sign Review.
The applicant seeks to place an additional element measuring 1 foot by 10
feet, or 10 square feet, on an existing pole sign.
The site is located in an M1 zone which permits such signage. Under
S.E.Q.R., the proposed sign addition is considered a Type II action which does
not require further environmental review.
The Planning Board voted to approve the proposed sign addition.
RECEIVED AND FILED.
No. 8
Jafco Realty Corp. - Request to erect a one-story, masonry, sit-in restaurant
with an outdoor bar at 2192 Niagara St.
Item No. 99, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above application pursuant to Section 511-68 of the
Buffalo Code, Niagara River Coastal Special Review District.
The applicant seeks to demolish an existing restaurant and construct a
new restaurant with a gross floor area or approximately 8000 square feet. The
new restaurant will use the foundation or the previous restaurant and will also
have an outdoor bar. The restaurant is accessory to an existing marina. The
site is located in an M1 zone which is overlain by the Niagara River Coastal
Special Review District. The M1 zone allows restaurant uses while the special
review district seeks to promote such water related uses. The site is located
in a Type "C" Flood Plain which is identified as an area or minimal flooding on
Flood Insurance Rate Map (F.I.R.M.) No. 360230 0015 B. The 53 parking spaces
required for the restaurant will be accommodated by the existing 250 car
parking lot used by the marina's patrons. The applicant also intends to
develop an area adjacent to the western facade or the restaurant as open space.
Lastly, under S.E.Q.R., the proposed development is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant development.
RECEIVED AND FILED.
No. 9
M. Thomasula - Request to place awning in the right-or-way of 904 Elmwood Ave.
Item No. 35, C.C.P., June 23,
The City Planning Board at its regular meeting held Tuesday, June
considered the above request pursuant to section 413-56 or the Buffalo Review
of Right-of-way Encroachments.
The applicant seeks to place an awning which will encroach into the
right-of-way at 904 Elmwood Avenue. The awning will measure 4 feet by 14 feet
and will extend 2 feet 6 inches into the right-of-way. The awning contains
graphic and printed material identifying the place or business.
The Department or Public Works has recommended that Your Honorable grant
a "mere license for the awning encroachment. Under S.E.Q.R., the proposed
encroachment is a Type II action which does not require any further
environmental review.
The Planning Board voted to approve the proposed awning encroachment.
RECEIVED AND FILED.
No. 10
Fleet Bank-Request To Place Signs Encroaching the Right-Of-Way at 223 Genesee
St., 1989 So. Park Ave., And 637 Walden Ave.
Item No. 36, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above requests pursuant to Section 413-67 of the
Buffalo Code, Review of Right-Of-Way encroachments.
The applicant seeks to place the following yardarm type signs at the following
locations: 223 Genesee, 3 feet by 6 feet (6 feet in right-of-way), 1989 South
Park, 3 feet by 6 feet (6 feet in the right-of-way), 637 Walden Ave., 4 feet by
8 feet (8 feet in the right-of-way). In each instance, these signs will
replace existing larger signs at each site.
The Department of Public Works has recommended that Your Honorable Body grant a
"mere license" for the proposed. Under S.E.Q.R., the proposed encroaching
signs are considered a Type II action which does not require further
environmental review.
RECEIVED AND FILED.
No. 11
T. Graser - Request to place an awning which will encroach the right-of-way at
399 Amherst St.
Item No. 90, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above request pursuant to Section 413-67 of the Buffalo
code, Review of Right-of-Way Encroachments.
The applicant seeks to erect an awning measuring 26 feet by 5 feet by 2
feet 6 inches. The awning will encroach 2 feet 6 inches into the right-of-way.
The Department or Public Works has recommended that Your Honorable Body
grant a mere license for the awning. Under S.E.Q.R., the proposed awning
encroachment is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed awning encroachment.
RECEIVED AND FILED.
No. 12
J. Giambrone - Request to construct an entranceway in the right-of-way of
518-524 Niagara St.
Item No. 37, C.C.P., June 23, 1992
The City Planning Board at its regular meeting held Tuesday, June
30, 1992 considered the above request pursuant to section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant seeks to construct an entryway which will measure 23 feet
by 8 feet by 10 feet and encroach 8 feet into the right-of-way at 518-524
Niagara Street. It should be noted that the City Planning Board has already
made a recommendation for the encroachment to Your Honorable Body (see C.C.P.,
Item No. 4, April 14, 1992). In that instance, a 50 foot long entryway was
proposed.
Given this, the Planning Board voted to reiterate its approval of the
encroachment at this current 23 foot long configuration.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 13
Dept. of Community Development - Community Wide Urban Renewal Homestead Program
Plan Amendment. (# 4)
The City Planning Board at its regular meeting held Tuesday,
June 30, 1992 considered a plan amendment and conducted a public hearing for
the project captioned above, pursuant to Section 505 or 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 or the plan permits additional supplements for housing.
Specifically, this amendment identifies city-owned property located at
338 Katherine Street and 238-240 Whitney Place. The Katherine Street address
will contain eight new single-family homes while the Whitney Street site will
have one single-ramily unit. It should also be noted that the Katherine Street
site was formerly known as Sullivan Park and that the state legislature has
approved the city's request to abandon and use the land as a park.
The inclusion of these properties into the Community Wide Urban Renewal
Homestead Program will expedite the ongoing infill housing program currently
being undertaken by the Department or Inspections and Community Revitalization.
Pursuant to state law, the City Planning Board conducted a public hearing
for the proposed amendment. Opponents and proponents were invited to speak.
The Board heard testimony from personnel from the Department or 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.
FROM THE BOARD OF PARKING
No. 14
Re-Appt. Member Bd Pkg.
C.C.P. # 3, May 26, 1992
Per the request of the Legislation Committee, l offer the attached
communication from Multiple Parking Services, inc./ Allright Parking.
I trust this answers your concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 15
Certificate 1-92-93
Capital Debt Service
CERTIFICATE NUMBER 1-92-93 OF THE COMPTROLLER OF THE CITY OF BUFFALO,
NEW YORK, RELATIVE TO THE CAPITAL DEBT SERVICE FUND OF SAID CITY, STATING THE
AMOUNTS TO BE DEPOSITED THEREIN AND PAID THEREFROM FOR THE PERIOD COMMENCING
JULY 1 1992 AND ENDING JUNE 30 1993
I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo, New York, in
accordance with the provisions of Section 202 of the resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital
Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other
Matters in Connection Therewith, and Providing for the Rights of Holders of
Capital Debt Obligations of the City.
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, DO HEREBY CERTIFY as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year
commencing July 1, 1992 and ending June 30, 1993 is $28,993,461.68.
2. The portion of said Capital Debt Service Requirement allocated to the
First Collection Period July 1, 1992 through and including November 30, 1992,
is $7,832,548.12.
3. The portion of said Capital Debt Service Requirement allocated to the
Second Collection Period (December 1, 1992 through and including June 30, 1993,
is $21,160,913.56.
4. The First Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing July 1, 1992 and
ending December 31, 1992 on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $1,814,168.75 7/31/92 M & T Trust Company
Buffalo, New York
Serial Bonds 390,842.50 8/1/92 Chase Manhattan, N.A
New York, New York
Serial Bonds 924,263.76 8/31/92 Marine Midland, N.A.
New York, New York
Serial Bonds 467,050.00 9/ 1/92 Chase Manhattan, N.A
New York, New York
Serial Bonds 430,198.96 9/30/92 Norstar Bank
Buffalo, New York
Serial Bonds 512,491.25 9/30/92 Chase Manhattan
New York, New York
Serial Bonds 239,210.00 10/1/92 "
Serial Bonds 528,020.00 10/30/92 "
Serial Bonds 1,323,565.40 11/1/92 "
Serial Bonds 410,952.50 11/30/92 "
Serial Bonds 59,260.00 11/30/92 M & T Trust Company
Buffalo, New York
Serial Bonds 110,000.00 12/1/92 "
Serial Bonds 622,525.00 12/1/92 Chase Manhattan, N.A
New York, New York
$7,832,548.12
5. The aggregate amount to be deposited by the Director of the Treasury
with the Norstar Bank, Buffalo, New York, commencing on July 1, 1992 is
$7,832,548.12.
6. The Second Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing Jairnary 1, 1993,
and ending Jtine 30, 1993, on the obligations, in the amounts, on the dates,
and at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $1,814,168.75 1/ 29/93 M & T Trust Company
Buffalo, New York
Serial Bonds $ 5,660,000.00 2/1/93 "
Serial Bonds 36,537.50 2/1/93 Chase Manhattan, N.A.
New York, New York
Serial Bonds 924,263.76 2/26/93 Marine Midland, N.A.
New York, New York
Serial Bonds 1,915,000.00 3/1/93 "
Serial Bonds 4,990.00 3/1/93 Chase Manhattan, N.A.
New York, New York
Serial Bonds 512,491.25 3/31/93 "
Serial Bonds 516,238.75 3/31/93 Norstar Bank
Buffalo, New York
Serial Bonds 1,105,000.00 4/1/93
Serial Bonds 1,852,460.00 4/1/93 Chase Manhattan
New York, New York
Serial Bonds 528,020.00 4/30/93 "
Serial Bonds 1,051,474.80 5/1/93 "
BAN 240,831.25 5/13/93 Norstar Bank
Buffalo, New York
Serial Bonds 410,952.50 5/28/93 Chase Manhattan
New York, New York
Serial Bonds 55,960.00 5/28/93 M & T Trust Company
Buffalo, New York
Serial Bonds 4,532,525.00 6/1/93 Chase Manhattan, N.A.
New York, New York
Total $21,160,913.56
7. The aggregate amount to be deposited by the Director of the Treasury
with the Norstar Bank, Buffalo, New York, commencing on December 1, 1992 is
$21,160,913.56.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director
of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in
the Capital Debt Service Fund held by the Trustee, Norstar Bank, Buffalo, New
York, immediately upon receipt of any payment of or on account of any City ad
valorem property taxes, tu~til the amount deposited during each Collection
Period is equal to the amount shown in Section 5 and 7, respectively.
9. I have this day delivered a copy of Certificate Number 1-92/93 to the
Director of Treasury and to the Norstar Bank, Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th Day of June, 1992
Comptroller of the City of Buffalo
RECEIVED AND FILED.
No. 16
Audit of Division of Licenses
Item No. 244 C.C.P. 06/23/92
Per CCP 244, please be advised that it is our intention to audit
the Division of Licenses upon completion of our present audit of the Department
of Parks. We anticipate completing the latter audit by September of 1992.
RECEIVED AND FILED.
No. 17
Interfund Cash Loan for Capital Projects
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the
City General Fund to the City, Board and Enterprise Capital Projects Funds.
The interfund loan will then be repaid when Bond Anticipation Notes or Bonds
are issued to finance these projects.
As of today, we have one request for money to finance various projects
and we will not reenter the bond market until more projects have requested
funding.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $300,000 for Tifft
Farm Play Field. The loans will be repaid when Bond Anticipation Notes or
Bonds are issued.
From To Account Repayment
Date Total
100 Gen 200 Capital Proj 200-402-083 BAN/ Bond Sale $300,000
Mr. Fahey moved:
That the above communication from the Comptroller, dated July 7, 1992, be
and hereby is received and filed; and
That the Comptroller, be and he hereby, is authorized to make an
interfund cash loan from the General Fund to the Capital Projects Fund in the
amount of $300,000 for the Tifft Farm Play Field.
PASSED.
AYES- 13 NOES- 0.
No. 18
Permission to Negotiate
203 Scoville, E 300' N Manitoba
Vacant Land: 30' x 129'
Assessed Valuation: $1,700
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Lucy J. Nowak of 1030 Fillmore Avenue, Buffalo, New York to
purchase the above captioned property.
Ms. Nowak would like to purchase this property, which is next to property
she owns at 205 & 209 Scoville. Trash and debris is constantly dumped on the
lot in question and children are using it for a walkway. Ms. Nowak would like
to purchase this property in order to fence it in and keep it properly
maintained.
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 June 29, 1992 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Lucy J. Nowak residing at 1030 Fillmore Avenue, Buffalo, New York for the
private sale of 203 Scoville and report to this Honorable Body the results of
such negotiations.
ADOPTED.
No. 19
Permission to Negotiate
332 N. Legion Drive
NE E Corner Melrose
Vacant Land: 45.84' x 130' E
Assessed Valuation: $3,900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Lawrence Coyle, Jr. of 89 Meriden Street, Buffalo, New York
to purchase the above captioned property.
Mr. Coyle would like to purchase this property this property in order to
construct a two family duplex with a utility room (no basement). He has
provided this office with proof of his financial ability to carry out his
intentions.
Mr. Coyle is aware of the fact that there was previously problems with
blocked drain tiles on this property and is willing to purchase the property
"as is".
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 July 2, 1992 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Lawrence Coyle, Jr. residing at 89 Meriden Street, Buffalo, New York for
the private sale of 332 N. Legion Drive and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 20
Results of Negotiations
129 Ivy, E 145.22' S Genesee
Two-Family Home
Lot Size: 31' x 109'
Assessed Valuation:
Land: $900
Total: $11,500
Item # 22, C.C.P. 4/28/92
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. Paul J. O'Brien, 41 Wood view Avenue, Hamburg, New York. Mr. O'Brien
intends to rehabilitate this two-family home and rent out the apartments. He
has provided this office with his plans for the rehabilitation and the
financial ability to do so.
An independent appraisal of the property was conducted by Raymond F.
Cunningham, Cash Realty. & Auctions, 22 Lafayette Blvd., Williamsville, New
York 14221. He has estimated the fair market value of the subject property to
be Fifteen Hundred Dollars ($1,500). The Division of Real Estate has
investigated the sales of similar properties in the area and concurs with the
appraisers estimate of value.
The results of our negotiations are that Mr. Paul O'Brien has agreed and
is prepared to pay Fifteen Hundred Dollars ($1,500) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable approve the sale of 129 Ivy Street
to Mr. Paul O'Brien in the amount of Fifteen Hundred Dollars ($1,500). I am
further recommending that Your Honorable Body authorize the Mayor to execute
the necessary documents for the transfer of title.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Rescind Sale 1403-1413
Genesee Street - City of
Buffalo to V.J.R. Holdings
Item # 42, C.C.P. 6/11/91
The above mentioned item was a communication from the Corporation
Counsel's Office requesting Your Honorable Body to rescind the sale of the
above captioned properties. Your Honorable Body received and filed that item
and requested the Comptroller's Office to recontact the purchaser and try to
finalize the transaction.
The properties in question are two vacant City-owned lots with a combined
frontage 90.75' and depth of 105'. The Common Council authorized the
negotiated purchase price of Forty-Four Hundred Dollars ($4,400) to V.J.R.
Holdings, Inc., Item #19, C.C.P. 4/24/90.
The Corporate Officers were recontacted and two appointments were made to
commence the closing of this transaction. The Corporate Officers failed to
appear and perform on each occasion. The last occasion occurring on February
21, 1992 in which the Corporate Officers not only failed to appear at the Erie
County Clerk's Office for closing, the also failed to call and provide any sort
of notice of their intent and failure to appear. A final attempt was made by
letter dated by March 26, 1992 to accommodate and close this transaction, again
there was no response from the Corporate Officers of V.J.R. Holdings, Inc.
Therefore, since the V.J.R. Holdings, Inc. and their Corporate Officers
have failed to respond to our efforts and the efforts of the Corporation
Counsel to close this transaction for over two years now. I am recommending
that Your Honorable Body authorize rescission of sale, forfeiture of the
deposit in the amount of Four Hundred and Forty Dollars ($440) and return of
the premises to inventory for future sale.
Mr. Fahey moved:
That the communication from the Comptroller, dated July 2, 1992, be and
hereby is received and filed; and
That the sale of 1403-1413 Genesee Street to V.J.R. Holdings, Inc.,
previously approved by this Common Council (Item No. 19, C.C.P., 4/24/90), be
and hereby is rescinded for the reasons stated in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 22
Response - F. Attardo -
Remove Stones/Concrete
119 LaSalle
Item # 84, C.C.P. 6/23/92
The above item was referred to the Comptroller's Office by Council
Staff for a response. The item is an offer from Mr. Frank Attardo, Frank
Attardo Trucking, to clean and remove miscellaneous material and debris from
the property.
The subject property is a Paper Street, known as Cordova Street (60' x
115'). At the easterly end of the property is a 5 acre parcel owned by the
City of Buffalo. An inspection of the property was made by staff from the
Division of Real Estate and the type of debris mentioned in Mr. Attardo's
letter does exist.
The Division of Real Estate contacted the Street's Department and they
have advised that they will send a crew to clean and remove all debris from the
property within the next week.
The subject property was not listed in the City's inventory list of
available property. The property was apparently donated to the City in 1975.
The transfer to the City had a condition that the City not sell the property
for 10 years. The property has been added to our catalog of available
property.
This office will advise Mr. Attardo of the above and thank him for
bringing this problem to the attention of the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Notification of Relocate the Buffalo News from Room 222 City Hall to Room 2008
I am hereby informing Your Honorable Body that l will be directing
the Buffalo News to move their City Hall office from Room 222 to Room 2008.
Our Advocacy Office for people with handicapping conditions is currently
located in Room 2008 and is being consolidated under the Division of Labor
Relations. We have received numerous complaints from persons who are
wheelchair bound that Room 2008 is difficult to access. In addition, the
Division of Buildings has previously recommended that meetings attended by
numerous wheelchair persons should not be held on the 20th floor because of the
difficulty of fire evacuation from the high rise portion of City Hall.
The Buffalo News is currently occupying 341 square feet in Room 222 and not
charged any rental rate. Room 2008 contains 457 square feet. It is our opinion
that the Buffalo News should be charged for rent since they are a multi-million
dollar, profit making organization.
As a matter of consistency, I also feel that the various media using 589 square
feet in Room 2002 Multi Media Room should be charged a rental rate as opposed
to the $1.00 per year established by Your Honorable Body pursuant to item # 38,
CCP 3/5/85. Please also note that I am not opposed to $1.00 a year rental
rates for non-profit organizations wishing to occupy the City Hall building.
In conjunction with the aforementioned notification, I am also requesting that
Your Honorable Body consider raising the City Hall rental rate. The current
rate of $5.50 per square foot was established in CCP 4/29/75; item # 170.
RECEIVED AND FILED.
No. 24
Emergency Repair
Water Pump
City Court
Please be advised that bearings on a domestic water pump at City
Court failed, causing a drop in water pressure which could have caused major
damage to the air conditioning equipment. An emergency was declared and Armor
Electric Motor Repair, Inc. of 224 Elk Street, Buffalo, New York 14210 was
called to repair the pump motor.
Total cost of labor and materials was $221.00. Funds for this project are
available in the Division of Buildings.
RECEIVED AND FILED.
No. 25
Emergency Repair
Sump Pump
City Hall
Please be advised that the failure of a sump pump in the sub-basement
of City Hall on 6/18/92 necessitated immediate replacement to prevent serious
flooding damage. An emergency was declared and Carino Plumbing and Heating
Inc. of 419 Auburn Avenue, Buffalo, New York installed a new pump at a total
cost of $556.00.
Funds are available for this project in the Division of Buildings.
RECEIVED AND FILED.
No. 26
Report of Bids - Heater/Scarifying of City Pavements - 1992
This is to advise your Honorable Body that I have advertised and
received bids on June 17, 1992 for Heater/Scarifying of City Pavements 1992.
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:
Highway Rehabilitation Corporation $498,625 (LOW)
National asphalt Heat Treating, Inc. $524,025
I hereby certify that the lowest responsible bidder for the above project
is Highway Rehabilitation Corporation, the cost thereof to be charged to CPF
200-401-507-00-000 in an amount not to exceed $498,625 plus approved unit
prices not to exceed an additional amount of $49,863.
The engineer's estimate for this work is $500,000. The attached is
certified to be a true and correct statement of the two lowest 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 August 3, 1992. Individual
bid submissions are available in our office for inspection and copies are
available upon request. This communication is for informational purposes only.
RECEIVED AND FILED.
No. 27
Report of Bids - Repair to City Pavements - 1992
This is to advise your Honorable Body that I have advertised and
received bids on June 24, 1992 for Repair to City Pavements 1992.
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 Construction Co., Inc. $161,580.00
Amherst Paving, Inc. $173,287.50
M. Passucci, Inc. $259,625.00*
*Corrected Total
I hereby certify that the lowest responsible bidder for the above project
is Collana Brothers Construction Company, Inc., the cost thereof to be charged
to CPF 200-401-507-00-000 in an amount not to exceed $161,580.00 plus approved
unit prices not to exceed an additional amount of $16,158.
The engineer's estimate for this work is $200,000. The attached is
certified to be a true and correct statement of the two lowest 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 August 10, 1992. Individual
bid submissions are available in our office for inspection and copies are
available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 28
Report of Bids - Resurfacing of City Pavements - 1992
This is to advise your Honorable Body that I have advertised and
received bids on Wednesday, July 1, 1992 for Resurfacing of City Pavements
1992.
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:
Amherst Paving, Inc. $324,487.50 (Low)
Destro and Brothers Concrete $343,497.50
Collana Brothers Const. Co. $345,758.50
I hereby certify that the lowest responsible bidder for the above project
is Amherst Paving, Inc., the cost thereof to be charged to the CPF Account
200-401-507-00-000 in an amount not to exceed $324,487.50, plus approved unit
prices not to exceed an additional amount of $32,448.75.
The engineer's estimate for this work is $300,000. The attached is
certified to be a tee and correct statement of the two (2) lowest 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 August 17,
1992. Individual bid submissions are available in our office for inspection
and copies are available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 29
Resurfacing of City Owned Street Facilities - 1992
This is to advise your Honorable Body that I have advertised and
received bids on June 17, 1992 for Resurfacing of City Owned Street Facilities
1992.
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:
Destro &Brothers Concrete Co., Inc. $ 51,775 (LOW)
Amherst Paving, Inc. $ 71,000
I hereby certify that the lowest responsible bidder for the above project
is Destro & Brothers Concrete Company, Inc. the cost thereof to be charged to
CPF 200-401-507-00 000 in an amount not to exceed $51,775, plus approved unit
prices not to exceed an additional amount of $5,200.
The engineer's estimate for this work is $50,000. The attached is
certified to be a true and correct statement of the two lowest 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 august 3, 1992. Individual
bid submissions are available in our office for inspection and copies are
available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 30
Report of Bids - Repair of City Curbs 1992
This is to advise your Honorable Body that I have advertised and
received bids on June 24, 1992 for Repair of City Curbs - 1992.
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:
MPJ Contracting, Inc. $44,010.40
Sunshine Concrete Company, Inc. $50,281.00
Campobello Construction $50,893.75
M. Passucci, Inc. $55,565.00
ABP Concrete Construction, Inc. $91,970.00
I hereby certify that the lowest responsible bidder for the above project
is MPJ Contracting, Inc., the cost thereof to be charged to CPF
200-401-507-00-000 in an amount not to exceed $44,010.40 plus approved unit
prices not to exceed an additional amount of $4,401.
The engineer's estimate for this work is $55,000. The attached is
certified to be a true and correct statement of the two lowest 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 august 10, 1992. Individual
bid submissions are available in our office for inspection and copies are
available upon request.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 31
Report of Bids
Restoration & Reconstruction
Kleinhans Music Hall
Symphony Circle
I asked for and received the following Informal Proposals for
the Removal of Acoustic Plaster containing Asbestos in Back Stage Corridor on
June 18, 1992.
Asbestos Removal
Zeon Corporation $13,320.00
Arric Corporation $13,900.00
Pollution Assessment $16,267.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Zeon Corporation in the amount of $13,320.00 is the lowest
responsible bidder in accordance with that 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
available in B/F 200-402-068 - Division of Buildings.
Estimate for this work was $10,500.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
22, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for Removal of Acoustice Plaster containing Asbestos at
Kleinhans Music Hall, Symphony Circle, in the amount of $13,320.00 to Zeon
Corporation, the lowest responsible bidder. Funds for this work are in the B/F
200-402-068 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 32
Report of Bids Restoration & Reconstruction
Kleinhans Music Hall Symphony Circle
I advertised for on May 28, 1992 and received the following sealed
proposals which were publicly opened and read on June 17, 1992.
Heating
Delta Env. Sales $35,875.00
Kellner $40,890.00
J. Higgins Co. $42,184.00
Mollenberg Betz $43,300.00
B H Refrigeration $45,627.00
Joseph Davis $49,300.00
Quackenbush Co. $58,480.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Delta Env. Sales in the amount of $35,875.00 is the lowest
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 200-402-068 - Division of Buildings.
Estimate for this work was $67,100.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
22, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for Restoration and Reconstruction of Kleinhans Music Hall,
Symphony Circle, in the amount of $35,875.00 to Delta Env. Sales, the lowest
responsible bidder. Funds for this work are in the B/F 200-402-068 Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 33
Change in Contract Concession & Public Facilities Bldg Ontario Boat Launch Ramp
Site
I herewith submit to Your Honorable Body the following change
in contract for the Concession and Public Facilities Building, Ontario Boat
Launch Ramp Site, LCP Construction C-916341000:
1. Furnish and install new
bollards at building front. ADD $1,445.00
The bollards are being added to provide protection for the columns at the
concession area.
The foregoing change results in a net increase in the contract of One Thousand
Four Hundred Forty-five and 00/100 Dollars ($1,445.00).
Summary Original Amount of Contract $99,282.00
Amount of this change (No. 1) ADD 1,445.00
Revised Amount of Contract $100,727.00
This change could not be foreseen at the time contract was let. Costs have
been reviewed by the Department of Public Works and found to be fair and
equitable. Fund for this work are in B/F 200-601-038 - Department of Parks.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
25, 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 LCP Construction, changes resulting in a net
increase in the amount of $1,445.00 as more fully described in the above
communication, for additional work relating to Concession and Public Facilities
Building, Ontario Boat Launch Ramp Site, Contract No. 91634100. Funds to be
charged against the B/F 200-601-038 Department of Parks.
PASSED.
AYES- 13 NOES- 0.
No. 34
Change in Contract University Heights Community Center Concept Construction
I herewith submit to Your Honorable Body the following change
in contract for the University Heights Community Center, Concept Construction
Co., C-91592600:
1. Upgrade carpet per request of UHCC Add $1,607.00
2. Change side lites in corridor 110 Add 903.00
3. Omit Wallcloth Deduct 3,564.00
4. Change roof component over Add 256.00
Mechanical Room
5. Replace sidewalk along Heath St. Add 1,978.00
6. Provide beam openings in basement Add 1,750.00
for ducts
7. Omit toilet paper, soap and napkin Deduct 1,140.00
dispensers
8. Drywall over exposed beams in stairwell Add 1,302.00
9. Paint library Add 633.00
10. Provide ceiling access panel in Add 278.00
Stair D for valves
11. Drywall over windbracing in Room 207 Add 118.00
The foregoing change results in a net increase in the contract of Four-Thousand
One-Hundred Twenty-One and 00/100 Dollars ($4,121.00).
Summary: Original Amount of Contract $2,525,000.00
Change Order No. 1, CCP # 31, 10/15/91 Add 14,472.00
Change Order No. 2, CCP # 28, 3/3/92 Add 5,502.00
Change Order No. 3, CCP # 28, 6/9/92 Add 9,871.50
Amount of This Change (No. 4) Add 4,121.00
Revised Amount of Contract
$2,558,966.50
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Consulting Architect, Donald E. Brundage and the Department of
Public Works and found to be fair and equitable. Funds for this work are in
B/F 200-402-518 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
24, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 4 to Concept Construction Company, changes resulting in
a net increase in the amount of $4,121.00, as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. 91592600. Funds to be charged against the B/F 200-
402-518 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 35
Change in Contract University Heights Community Center
Warrens Electric
I herewith submit to Your Honorable Body the following change in contract for
the University Heights Community Center, Warrens Electric, C-91605100:
1. Install additional lighting, dimmer Add $14,037.00
system and duplex outlets in gymnasium
as requested by UHCC.
2. Revise vestibule and lobby lighting Add $648.50
3. Omit low voltage switching system in Deduct $1,145.00
gymnasium
The foregoing change results in a net increase in the contract of
Thirteen-Thousand Five-Hundred Forty and 50/100 Dollars ($13,540.50).
Summary: Original Amount of Contract $213,373.00
Change Order No. l, CCP # 38, 11/28/91 Add 38,644.60
Amount of This Change (No. 2) Add 13,540.50
Revised Amount of Contract $265,558.10
This change could not be foreseen at the time contract was let. Costs have been
reviewed by Consulting Architect, Donald E. Brundage and the Department of
Public Works and found to be fair and equitable. Funds for this work are in
Buildings Bond Fund 200-402-518.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
24, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 2 to Warren Electric, changes resulting in a net
increase in the amount of $13,540.50 as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. 91605100. Funds to be charged against the B/F 200-402-518
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 36
Change in Contract University Heights Community Center
Joseph Davis, Inc.
I hereby submit to Your Honorable Body the following change in
contract for the University Heights Community Center, Joseph Davis, Inc.,
C-91605200:
1. Raise piping in Rooms 25 & 27 Add $1,330.00
The foregoing change results in a net increase in the contract of One-Thousand
Three-Hundred Thirty and 00/100 Dollars ($1,330.00).
Summary: Original Amount of Contract $538,300.00
Amount of this change (No. 1) 1,330.00
Revised Amount of Contract $539,630.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Consulting Architect, Donald E. Brundage and the Department of
Public Works and found to be fair and equitable. Funds for this work are in
B/F 200-402-518 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
24, 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 Joseph Davis, Inc., changes resulting in a net
increase in the amount of $1,330.00 as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. 91605200. Funds to be charged against the B/F 200-402-518
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 37
Change in Contract University Heights Community Center
Joe Carino Plumbing Co.
I herewith submit to Your Honorable Body the following changes
in contract for the University Heights Community Center, Joe Carino Plumbing
Co. C-91606800:
1. Connect penthouse roof drain leader to
underground roadway piping Add $1,400.00
The foregoing change results in a net increase in the contract of One-Thousand
Four Hundred and 00/100 Dollars ($1,400.00).
Summary: Original Amount of contract $194,623.00
Change Order No. 1, CCP # 29, 6/9/92 Add $ 4,958.00
Amount of This Change (No. 2) Add $ 1,400.00
Revised Amount of Contract $200,981.00
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the consulting architect, Donald E. Brundage and the Department of
Public Works and found to be fair and equitable. Funds for this work are in
B/F 200-402-518 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
24, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 2 to Joe Carino Plumbing Co., changes resulting in a net
increase in the amount of $1,400.00 as more fully described in the above
communication, for additional work relating to University Heights Community
Center, Contract No. 91606800. Funds to be charged against the B/F 200-402-518
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 38
Restaurant/Dancing Class IV 2987 Bailey Avenue
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class IV
located at 2987 Bailey Avenue and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant/Dancing Class IV License is being sought and according to the
attached reports from the Fire Department, Zoning Department and the Building
Inspector, I find it complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Essie Scales. The Police Department's approval is attached
hereto.
In consideration of the application of:
Essie Scales
D/B/A Kilimanjaro
2987 Bailey Avenue
Buffalo, New York
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD.
No. 39
51 Court Street Requests Permission To Install Sidewalk Cafe
Mr. Brian Burke owner of the Court Street Courier, located at
51 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 thirty-five feet in length and project
five feet from the building face into City right of way.
The Department of Public Works has reviewed Mr. Burkes application
pursuant to Chapter 413 Section 59 (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:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2 That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works Division of Buildings
3 That the sidewalk cafe does not exceed thirty-five feet in length or
extend more than five 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
of City right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000.0) construction in street bond which will indemnify and save
harmless the City of Buffalo against any and all loss ant damage arising out of
the construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 40
Hazardous Household Material Collection
Item No. 78, C.C.P. 06/09/92
The above referenced item has been referred to this office for
review and comment. Please be advised that the communication from Legislator
Bozer is incorrect. A Hazardous Household Material Collection Day was held in
Buffalo on Saturday, April 20, 1991 at the East Side Transfer Station. On that
day we collected used motor oil, lead acid car batteries, selected solvents,
selected pesticides and oil based paints. The cost for disposal of the
solvents and pesticides was approximately $25,000.00.
The Household Hazardous Waste Collection is the responsibility of the County of
Erie. Such requests should be submitted to the County.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 41
Report of Bids Citywide Playground Renovations
Phase 3
I have asked for and received the following proposals for the
Citywide Playground Renovations - Phase 3 on July 1, 1992.
Contractor Bid
Gleason's Nursery $115,804
Cemulini-Pecoraro 122,000
L.C.P. 129,789
Odessa 133,999
American Paving 168,850
Maplewood 168,965
I hereby certify that the foregoing is a true and correct statement of
all bids received and Gleason's Nursery, Inc., 4780 Sheridan Drive,
Williamsville, New York 14221 is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the City to order work on
the basis of the low bid. Funds for this work are available in a Bond Fund set
aside for this purpose.
Mr. Fahey moved:
That the communication from the Department of Parks, dated July 2, 1992,
be received and filed; and
That the Commissioner of Parks be, and he hereby is authorized to award
contract for Citywide Playground Renovations - Phase 3, in the amount of
$115,804 to Gleason's Nursery, the lowest responsible bidder. Funds for this
work are in a Bond Fund set aside for this purpose.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF POLICE
No. 42
Permission for Mayor to Execute 1992 STOP DWI Program
Our Department is requesting authorization for the Mayor of the
City of Buffalo to execute the attached proposed STOP DWI Agreement between the
City of Buffalo and the County of Erie for the period of 01-01-92 through
12-31-92.
The City of Buffalo and the County of Erie have had an annual contractual
relationship whereby the City is reimbursed for efforts in enforcement of
alcohol-related traffic violations. Under this agreement, the City of Buffalo
will be reimbursed by the County of Erie for up to 65% of all fine revenue
generated from the fines resulting from the disposition of alcohol-related
traffic offenses. These funds are to be used by our Department to enhance DWI
enforcement activities.
I am respectfully requesting this item be submitted to Council for their
approval. If there is any questions, please contact Captain George M. Loncar,
Administration and Communications, ext. 4451.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Erie Co. Ctr. Police Serv. - Rpt. on 911 Responses
(C.C.P. # 89 June 23, 1992)
I have reviewed this item relative to the response of John N.
Cardarelli, Commissioner, Department of Central Police Services, the County of
Erie. His comments appear adequate and informative regarding the Council
resolution. I do not consider it appropriate on my part to comment on the in
place 911 System nor Commissioner Cardarelli's May 29, 1992 letter to the
Council.
RECEIVED AND FILED.
No. 44
Req. L.L. - Implement Cit. Complaint - Police
(C.C.P. # 151 June 23, 1992).
I have reviewed the six components to the citizen complaint process
developed by the Council of Churches and the NYCLU and submit the following:
Proposal 1 - The Internal Affairs Unit is presently researching the development
of a brochure defining the process of handling citizen's complaints and is
awaiting examples from other law enforcement agencies.
Proposal 2 - The Department has developed and has utilized a Standard Complaint
Form for the last fifteen months.
Proposal 3 - The Department has recorded each complaint, date of complaint,
action taken, referrals, investigations, disposition, discipline, and response
to complainant including date of response for the last fifteen months.
However, pending the development of a software package, the process is not
fully automated. A target date of fall this year is expected for full
automation of record management to the lAD process.
Proposal 4 - Predicated upon automation of the lAD record management system, an
annual report for calendar year 1992 on citizens' complaints will be available
in the first quarter of 1993.
Proposal 5 - Any person who has a complaint regarding a member of the Buffalo
Police Department may register his/her complaint to the Duty Officer at any
time of the day or night. This policy has been in effect for quite some time
and has been an extremely successful conduit for filing complaints.
Proposal 6 - This proposal is vague and obscure and any comment on my part
would be premature.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
NYCLU - Support Clarification of Police Intern Aff. Unit
(C.C.P. # 91 June 23, 1992)
I have reviewed the six components to the citizen complaint process
developed by the Council of Churches and the NYCLU and submit the following:
Proposal 1 - The Internal Affairs Unit is presently researching the development
of a brochure defining the process of handling citizen's complaints and is
awaiting examples from other law enforcement agencies.
Proposal 2 - The Department has developed and has utilized a Standard Complaint
Form for the last fifteen months.
Proposal 3 - The Department has recorded each complaint, date of complaint,
action taken, referrals, investigations, disposition, discipline, and response
to complainant including date of response for the last fifteen months.
However, pending the development of a software package, the process is not
fully automated. A target date of fall this year is expected for full
automation of record management to the lAD process.
Proposal 4 - Predicated upon automation of the lAD record management system, an
annual report for calendar year 1992 on citizens' complaints will be available
in the first quarter of 1993.
Proposal 5 - Any person who has a complaint regarding a member of the Buffalo
Police Department may register his/her complaint to the Duty Officer at any
time of the day or night. This policy has been in effect for quite some time
and has been an extremely successful conduit for filing complaints.
Proposal 6 - This proposal is vague and obscure and any comment on my part
would be premature.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Council of Churches - Complaint process for Police Dept
(C.C.P. # 88 June 23, 1992).
I have reviewed the six components to the citizen complaint process
developed by the Council of Churches and the NYCLU and submit the following:
Proposal 1 - The Internal Affairs Unit is presently researching the development
of a brochure defining the process of handling citizen's complaints and is
awaiting examples from other law enforcement agencies.
Proposal 2 - The Department has developed and has utilized a Standard Complaint
Form for the last fifteen months.
Proposal 3 - The Department has recorded each complaint, date of complaint,
action taken, referrals, investigations, disposition, discipline, and response
to complainant including date of response for the last fifteen months.
However, pending the development of a software package, the process is not
fully automated. A target date of fall this year is expected for full
automation of record management to the IAD process.
Proposal 4 - Predicated upon automation of the lAD record management system, an
annual report for calendar year 1992 on citizens' complaints will be available
in the first quarter of 1993.
Proposal 5 - Any person who has a complaint regarding a member of the Buffalo
Police Department may register his/her complaint to the Duty Officer at any
time of the day or night. This policy has been in effect for quite some time
and has been an extremely successful conduit for filing complaints.
Proposal 6 - This proposal is vague and obscure and any comment on my part
would be premature.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 47
Certificate of Appointment
Appointment to become effective July 2, 1992 in the Department
of Fire, James Durham, 67 Riverview, Buffalo, NY 14210 to the position of
Superintendent of Fire Vehicle Maintenance, Provisional at the starting salary
of $31,314.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 48
Certificate of Appointment
Appointment to become effective June 23, 1992 in the Department
of Fire, John Lydon, 58 Chatham Avenue, Buffalo, New York 14216, to the
position of Assistant Fire Alarm Dispatcher, Permanent at the starting salary
of $37,033.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 49
$2,350,000 - Prepare Plans Sports Arena
Item No. 205, C.C.P., June 23, 1992
In reference to your inquiry regarding the above-referenced item,
it is my opinion that City general obligation bond proceeds cannot be used to
purchase stock in the Buffalo Sabres.
RECEIVED AND FILED.
No. 50
Water Board Appointment
Item No. 2, C.C.P., June 9, 1992
Councilmember Coppola, in his capacity as Chairman of the Legislation
Committee, has asked, "Is it a conflict of interest to appoint a member of a
law firm already retained by the City to the Water Board?"
This circumstance presents no conflict of interest.
RECEIVED AND FILED.
No. 51
Charter Amendment-Citizen Complaint and Commendation Process-Buffalo Police
Department
Item No. 151, C.C.P., June 23, 1992
We are working on the above referenced matter and will provide
you with a proposal as soon as possible.
RECEIVED AND FILED.
No. 52
Council of Churches -
Complaint Process for Police Department
Item No. 88, C.C.P., June 23, 1992
We are working on the above-referenced matter and will provide
you with a proposal as soon as possible.
RECEIVED AND FILED.
No. 53
NYCLU - Support Clarification of Police Internal Affairs Unit
Item No. 91, C.C.P., June 23, 1992
We are working on the above-referenced matter and will provide
you with a proposal as soon as possible.
RECEIVED AND FILED.
No. 54
Erie County Central Police Service
Report on 911 Responses
Item No. 89, C.C.P., June 23, 1992
I suggest that the Police Commissioner and the Emergency Services
Coordinator review the above-referenced matter.
RECEIVED AND FILED.
No. 55
Ord. Amend. - Ch. 166 (387) - Signs
Item # 126, C.C.P., March 3, 1992
Ord. Amend. - Ch. 133 - Maint. Outdoor Advertising
Item # 163, C.C.P., March 3, 1992
Ord. Amend. - Ch. 511 Non-acc. Signs
Item # 168, C.C.P., March 3, 1992
We are reviewing the law and factual background in connection
with the referenced matters and we will report to you the results of our review
as soon as possible.
RECEIVED AND FILED.
No. 56
Increase in Rate Structure Emergency Medical Services
Item No. 12 C.C.P. 3/17/92]
The Committee on Finance has requested the opinion of this Department
regarding this item.
Chapter 72 Section 6 (c) (7) (d) of the Charter and Code of the City of
Buffalo empowers the Emergency Medical Services Board, inter alia, to
"coordinate and establish charges for patients transported from a location
within the City to another location ..."
It is the opinion of this Department that the proposed rate increase for
emergency medical services will not require an ordinance or ordinance amendment
by your Honorable Body, to be put into effect.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
F. Attardo - Offer to Remove Stone/Concrete
119 LaSalle
(Item No. 84, C.C.P., 6/23/92)
From the information available it is unclear who has title to
the referenced property and whether it is governed by leases or other use
agreements. In any event, if Mr. Attardo were to be allowed to enter on the
property and remove material, appropriate insurance would have to be provided,
including public liability and workmen's compensation insurance. There would
also have to be an independent determination of the value of any material
intended to be removed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Removal of Parking Meters
in Delaware District Business Districts
Item No. 144, C.C.P., June 23, 1992
I would defer to the Board of Parking's comments with respect
to the above-referenced matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 59
Expand Recycling Program
Item No. 145, C.C.P., June 23, 1992
I would request that the comments of the Commissioner of Public
Works and Street Sanitation be obtained as a necessary step to proceed with
respect to the above reference matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 60
Explore Adoption of Grant in Aid Recipients, Neighborhood
Parks, Police Officers Firemen, etc. by Businesses
(Item No. 162. C.C.P. 6/23/92)
You have asked for advice concerning tax incentives that might
result from a proposed program where private business would voluntarily
undertake to underwrite the cost of certain municipal functions.
There appear to be no incentives with respect to real property taxes for
participation in such a program. As far as state and federal income tax
implications, participation may qualify as a proper business expense or
charitable contribution, although the specifics of the program are not
sufficiently developed to allow conclusions in this regard, and in any event,
the effect of participation in every case would be governed by numerous
conditions and circumstances unique to each business.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 61
BCAM Annual Budget 1992-93
Item No. 87, C.C.P. 6/23/92
I have not been able to locate a copy of the contract between
the City and E Access Media and, as such, I am not in a position to provide
comments or recommendations regarding their proposed 1992-93 Budget.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 62
Jacobi Development Use 526 Niagara - Apts./Parking
Item No. 96, C.C.P., 6/23/92
I have reviewed the subject item and support the reuse of 526
Niagara for affordable housing. This conversion will be a significant
improvement for Niagara Street.
RECEIVED AND FILED.
No. 63
Jafco - Use 2192 Niagara for Restaurant
Item No. 99, 6/23/92
The subject item proposes the reconstruction and expansion of
a restaurant on the Niagara River. This use, along with the demolition of
other buildings, will enhance the public view and access to the waterfront and
I support this project.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Jacobi Development Inc. - Request to convert a four-story building into a 32
apartment complex at 526 Niagara St.
Item No. 96, C.C.P., June 23, 1992
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated June 30, 1992, be received and filed; and
That "Jacobi Development, Inc. - Request to convert a four-story building
into a 32 apartment complex at 526 Niagara Street" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 65
G. Carriero - Application to convert a portion of a retail store into a takeout
restaurant at 1544 Hertel Ave.
Item No. 97, C.C.P., June 23, 1992
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated June 30, 1992, be received and filed; and
That "G. Carriero - Application to convert a portion of a retail store
into a take-out restaurant at 1544 Hertel Avenue" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part I) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 66
Jafco Realty Corp. - Request To Erect a One-Story, Masonry, Sit-in Restaurant
With An
Outdoor Bar at 2192 Niagara St.
Item No. 99, C.C.P., June 23, 1992
Attached for your review is the Short Environmental Assessment
Form for the project captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 67
New Buffalo Industrial Park Portion of Disposition Parcel # 2
Approval of LDA - TML/Wolin Industries, Ltd.
The City of Buffalo Urban Renewal Agency duly designated TML/Wolin
Industries, Ltd., and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for dour Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 68
Amendment to the Community-Wide Urban Renewal Homestead Program (# 4)
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 following parcels have been identified by the Department of
Inspections and Community Revitalization as sites for new housing development:
Project No. 1 - 338 Katherine Street (eight single-family homes)
It should be noted that this site was formerly known as Sullivan Park and
that the State Legislature approved the City's request to abandon the use of
this land as a park. Project No. 2 - 238-240 Whitney Place (one single-family
unit).
The City Planning Board gave its unqualified approval to the plan
amendment at its June 30, 1992 meeting. A recommendation from the Planning
Board is a prerequisite to 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. 69
Dept. of Community Development - City Wide Urban renewal Homestead Program.
Request to include nine infill housing sites.
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 70
Req. Ordinance Amendment - Excess Trash
Item # 245, C.C.P. May 12, 1992
I agree wholeheartedly with Mr. Zuchlewski that violators should
be made accountable for violations of this ordinance.
However, we are now in the middle of our trash season and there are a number of
amendments and changes l feel should be discussed prior to enactment not only
for bulk trash but also recycling and garbage. All this information along with
a new rate schedule for fines will then enable us to print our new summonses.
I would like to schedule a meeting with Mr. Zuchlewski and the Common Council's
Legislation Committee in anticipation of making these changes for next years
season.
RECEIVED AND FILED.
No. 71
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation, Timothy R. Reid, 30 Mumford Street, Buffalo, NY 14220 to
the position of Laborer II (Hrly), Temporary at the starting salary of
$9.32/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 72
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation to the position of Laborer II (Hrly), Permanent at the
starting salary of $9.32 per hour.
Richard R. Mazuca, 599 LaSalle Avenue, Buffalo, NY 14215
John M. Scanlon, 201 Cumberland Avenue, Buffalo, NY 14220
Timothy P. Burke, 686 McKinley Pkwy, Buffalo, NY 14220
Thomas P. Murray, 261 Tacoma Avenue, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 73
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation Jerome Glenn, 317 Jewett Pkwy., Buffalo, NY 14214 to the
position of Laborer II (Hrly), Permanent at the starting salary of $9.62/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 74
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation Michael W. Schmitt, 131 Parwood Drive, Cheektowaga, NY
14227 to the position of Laborer II (Hrly) Temporary at starting salary of
$10.26/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 75
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation, Paul A. Larkin, 52 Alsace Avenue, Buffalo, N.Y. 14420 to
the position of Laborer II (DAILY), Temporary at the starting salary of
$86.18/day.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation John J. Rigby, 23 Payne Street, Buffalo, NY 14220 to the
position of Equipment Operator, Provisional at the starting salary of $22,208.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 77
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation, Andrew J. Kleinfelder, 54 Juniata Place, Buffalo, N.Y.
14210 to the position of Sanitation Worker, Temporary at the starting salary of
$22,463.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 78
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation Roy P. Kimmich, Jr., 2072 Genesee Street, Buffalo, N.Y.
14211 to the position of Supervisor of Street Sanitation I, Permanent at the
starting salary of $23,126.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 79
Certificate of Appointment
Appointment to become effective July 1, 1992, in the Department
of Street Sanitation to the position of Superintendent of Street Sanitation,
Permanent at the starting salary of $29,437.
William D. Hayden, 707 Mt. Vernon Ave., Buffalo, NY 14215
Paul D. Ormsby, 368 Two Mile Creek Rd., Tn Tonawanda, NY 14150
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 80
Certificate of Appointment
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation William F. Kennedy, 583 Ainsworth Pkwy., Angola New York
14006 to the position of Superintendent of Street Sanitation, Permanent at the
starting salary of $29,437.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSlONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 81
Transfer of Title, Urban Homestead Program Koelsch Alley (rear of 401, 405, 407
and a 22' portion of 411 Massachusetts)
Lot Size: 12' x 112'
The Department of inspections and Community Revitalization has
surveyed the city-owned lot at Koelsch Alley (rear of 401, 405, 407 and a 22'
portion of 411 Massachusetts), lot size 12' x 112'; and it has been determined
that this parcel of land is inappropriate for neither construction of new
housing nor the construction of public recreation facilities.
Joseph A. Fiorella, 530 Lafayette Avenue, owner of 401 Massachusetts,
115-117 Brayton, has indicated that he will clean, improve, and maintain the
lot in the event that he obtain(s) title to the property under the Urban
Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Joseph A. Fiorello, on the condition
that the property is cleared and improved within six (6) months and the
property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, received and filed; and
That the City-owned property commonly known as Koelsch Alley (rear of
401, 405, 407 and a 22' portion of 411 Massachusetts) is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is, authorized to
execute a deed transferring said property to Joseph A. Fiorella, residing at
530 Lafayette Avenue, Buffalo, New York, on the condition the property is
cleared and improved within six (6) months and the property is maintained in a
sanitary manner for at least thirty- six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 82
Transfer of Title, Urban Homestead Program Koelsch Alley (rear of 413, 415 and
a 7' portion of 411 Massachusetts)
Lot Size: 12' x 65'
The Department of inspections and Community Revitalization has
surveyed the city-owned
lot at Koelsch Alley (rear of 413, 415 and a 7' portion of 411 Massachusetts),
lot size 12' x 65'; and it has been determined that this parcel of land is
inappropriate for neither construction of new housing nor the construction of
public recreation facilities.
David and Jan DeCarlo, 154 Carpenter Avenue, Kenmore, New York 14223, owners of
52 Eighteenth Street have indicated that they will clean, improve, and maintain
the lot in the event that they obtain title to the property under the Urban
Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to David J. and Jan DeCarlo, on the
condition that the property is cleared and improved within six (6) months and
the property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, be received and filed; and
That the City-owned property commonly known as Koelsch Alley (rear of 413
and 415, and a 7' portion of 411 Massachusetts) is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is, authorized to
execute a deed transferring said property to David and Jan DeCarlo, residing at
154 Carpenter Avenue, Kenmore, New York, on the condition the property is
cleared and improved within six (6) months and the property is maintained in a
sanitary manner for at least thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 83
Transfer of Title, Urban Homestead Program Koelsch Alley (rear of 417-419
Massachusetts) Lot Size: 12' x 35'
The Department of inspections and Community Revitalization has
surveyed the city-owned lot at Koelsch Alley (rear of 417-419 Massachusetts),
lot size 12' x 35'; and it has been determined that this parcel of land is
inappropriate for neither construction of new housing nor the construction of
public recreation facilities.
Anthony J. Corto, 240 Countryside Lane, Amherst, New York 14221, owner of
417 Massachusetts has indicated that he will clean, improve, and maintain the
lot in the event that he obtain(s) title to the property under the Urban
Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Anthony J. Corto, on the condition
that the property is cleared and improved within six (6) months and the
property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, received and filed; and
That the City-owned property commonly known as Koelsch Alley (rear of
417-419 Massachusetts) is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is, authorized to execute a deed transferring said
property to Anthony J. Corto, residing at 240 Countryside Lande, Amherst, New
York, on the condition the property is cleared and improved within six (6)
months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 84
Transfer of Title, Urban Homestead Program Koelsch Alley (rear of 425-431
Massachusetts) Lot Size: 12' x 60'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at Koelsch Alley (rear of 425-431 Massachusetts),
lot size 12' x 60'; and it has been determined that this parcel of land is
inappropriate for neither construction of new housing nor the construction of
public recreation facilities.
Jeffrey W. and Carol N. Buchholz, 1704 Fix Road, Grand Island, owners of
55 Eighteenth Street, have indicated that they will clean, improve, and
maintain the lot in the event that they obtain title tot he property under the
Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Jeffrey W. and Carol M. Buchholz, on
the condition that the property is cleared and improved within six (6) months
and the property is maintained in a sanitary manner for at least thirty-six
(36) months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, received and filed; and
That the City-owned property commonly known as Koelsch Alley (rear of 425-431
Massachusetts) is hereby designated as Homestead Property, and that the Mayor
be, and he hereby is, authorized to execute a deed transferring said property
to Jeffrey w. and Carol M. Buchholz, residing at 1704 Fix Road, Grand Island,
New York on the condition the property is cleared and improved within six (6)
months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 85
Transfer of Title, Urban Homestead Program Koelsch Alley (rear of 445
Massachusetts) Lot Size: 12' x 31'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at Koelsch Alley (rear of 445 Massachusetts), lot
size 12' x 31'; and it has been determined that this parcel of land is
inappropriate for neither construction of new housing nor the construction of
public recreation facilities.
Gary and Eileen Welborn, 441 Massachusetts, have indicated that they will
clean, improve, and maintain the lot in the event that they obtain title to the
property under the Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Gary and Eileen Welborn, on the
condition that the property is cleared and improved within six (6) months and
the property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, received and filed; and
That the City-owned property commonly known as Koelsch Alley (rear of 445
Massachusetts, lot size 12' x 31') is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is, authorized to execute a deed
transferring said property to Gary and Eileen Welborn, residing at 441
Massachusetts, Buffalo, New York, on the condition the property is cleared and
improved within six (6) months and the property is maintained in a sanitary
manner for at least thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 86
Transfer of Title, Urban Homestead Program 465-469 Massachusetts Koelsch Alley
Lot Size: 12' x 90'
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at Koelsch Alley 465-469 Massachusetts lot size 12'
x 90'; and it has been determined that this parcel of land is inappropriate for
neither construction of new housing nor the construction of public recreation
facilities.
Wingate Management Company, 491 Connecticut Street, has indicated that
they will clean, improve, and maintain the lot in the event that they obtain
title to the property under the Urban Homestead Program.
We, therefore, recommend that the city-owned vacant lot be designated as
Homestead Property, and be transferred to Wingate Management Company, on the
condition that the property is cleared and improved within six (6) months and
the property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated June 29, 1992, received and filed; and
That the City-owned property commonly known as Koelsch Alley (465-469
Massachusetts, lot size 12' x 90') is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is, authorized to execute a deed
transferring said property to Wingate Management Company, 491 Connecticut
Street, Buffalo, New York, on the condition the property is cleared and
improved within six (6) months and the property is maintained in a sanitary
manner for at least thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0.
No. 87
Report of Emergency Bids for Demolition at Various Locations Within the City of
Buffalo
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at the various 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 June
19, 1992. The contracts will be awarded to the following lowest bidders:
ADDRESS AND OWNER CONTRACTOR/AMOUNT OF BID
2438 Bailey Avenue Advanced Tree Service
Thomas J. Grillo $7,776.00
2438 Bailey Ave
Buffalo, New York
239 Masten Avenue Integrated Waste Special Services
Annie Wiggins $6,768.00
50 Herman Street
Buffalo, New York
72 Olympic Avenue Integrated Waste Special Services
Patricia E. Thomas $6,107.00
72 Olympic Ave.
Buffalo, New York
122 St. Louis Avenue Advanced Tree Service
Harry Adamson $6,412.00
122 St. Louis Ave
Buffalo, New York
64 Sanford Street Maplewood Construction
Carol Johnson $3,575.00
218 Florida St
Buffalo, New York
82 Woeppel Street Advanced Tree Service
Carl & Kathleen Jay $7,705.00
641A Skinnerville
Amherst, New York
368 Connecticut Street Maplewood Construction
William Giagnacova $4,985.00
368 Connecticut St
Buffalo, New York
509 Emslie Street Integrated Waste Special Services
Bishop Abdullah $4,403.00
509 Emslie Street
Buffalo, New York
98 Harmonia Street Maplewood Construction
Jacqueline Huling $4,870.00
243 Peach Street
Buffalo, New York
238-40 High Street Integrated Waste Special Services
Two Hundred High St.,Inc. $7,600.00
204 High Street
Buffalo, New York
14 Hollister Street Maplewood Construction
Leroy Sharpe $2,925.00
14 Hollister Street
Buffalo, New York
100 Strauss Street Maplewood Construction
S. Horne $4,860.00
103 Rebecca Park
Buffalo, New York
115 Strauss Street Integrated Waste Special Services
Elmer Mcllwain $5,224.00
115 Strauss St
Buffalo, New York
125 VanRensselaer Street Advanced Tree Service
Milan Marinek $4,599.00
4475 Route 19
Great Valley, New York
304 William Street Maplewood Construction
Robert M. Bennett $5,575.00
397 Woodbridge
Buffalo, New York
552 Wilson Street Maplewood Construction
Minnie Jackson $3,570.00
552 Wilson Street
Buffalo, New York
78 Woeppel Street Advanced Tree Service
Versie Hunter $4,739.00
78 Woeppel Street
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 June 29, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Advanced Tree Service for
2438 Bailey Avenue, at a cost of $7,776.00, 122 St. Louis Avenue, at a cost of
$6,412.00, 82 Woeppel Street, at a cost of $7,705.00, 125 VanRensselaer Street,
at a cost of $4,599.00, 78 Woeppel Street, at a cost of $4,739.00, to
Integrated Waste Special Services for demolition of 239 Masten Avenue at a cost
of $6,768.00, 72 Olympic Avenue at a cost of $6,107.00, 509 Emslie at a cost of
$4,403.00, 238-240 High Street, at a cost of $7,600.00, 115 Strauss Street, at
a cost of $5,224.00, to Maplewood Construction for demolition of 64 Sanford
Street at a cost of $3,575.00, 368 Connecticut Street, at a cost of $4,985.00,
98 Harmonia Street, at a cost of $4,870.00, 14 Hollister Street, at a cost of
$2,925.00, 100 Strauss Street, at a cost of $4,860.00, 304 William Street at a
cost of $5,575.00, 552 Wilson Street at a cost of $3,570.00, are 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- 13 NOES- 0.
No. 88
INSPECTION OF 467 & 469 TACOMA
ITEM NO. 188, C.C.P. 6/9/92
With reference to the above subject property please be advised
of the following:
467 & 469 Tacoma: Both properties were inspected on June 6, 1992 and written
for court on that date. The cases will be arraigned in Housing Court on July
13, 1992.
We trust this will satisfy your inquiry. Should you have any questions please
feel free to contact my office.
RECEIVED AND FILED.
No. 89
Community Wide Urban Renewal Project
St. Patrick's New Housing
681, 701-703 and 709-713 South Division
Kulback's Construction, Inc.
The City of Buffalo Urban Renewal Agency duly designated Kulback's
Construction, Inc., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 90
Removing Parking Meters in Various Sections of City
Item No's 144, 176 and 181, C.C.P. 6/23/92
The above referenced items propose to remove parking meters from
certain sections of the City or to exempt them from the recently enacted
parking meter fee increase. Without an alternative to replace the revenue that
would be lost by this action, I am compelled to object to these proposals.
Approving the exceptions of the meters included in these three Council
resolutions would likely result in a movement to exclude other areas of the
City as well. Such a movement may jeopardize the entire $500,000 budgeted
revenue that was based on the increase to $.50 per hour for all meters
throughout the City.
Parking Violations Director Bruna Michaux is meeting with Councilmember
Zuchlewski to explore alternatives that may lessen the burden on same small
business districts without decreasing the total revenue to be realized. I will
report to Your Honorable Body on any changes that may be proposed to the
recently enacted rate structure that would still enable the City to realize its
budgeted revenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 91
Certificate of Appointment
Appointment to become effective June 23, 1992 in the Department
of Human Resources, Division of Youth, Richard May, 33 Beatrice Street,
Buffalo, NY 14207 to the position of Program Director YAPP, Provisional at the
starting salary of $32,607.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 92
Grant Application- NYS Records Management
Attached is a Grant Application from the New York State Records
Management Office. Please authorize the Mayor to execute this grant.
Mr. Fahey moved:
That the City Clerk, be and hereby is, authorized to accept a Record Management
Grant from New York State.
PASSED.
AYES- 13 NOES- 0.
No. 93
Niagara Mohawk Dewey Avenue PCB
Phase Out Deadline Report
Item 92 C.C.P. June 23, 1992
Please be advised that according to the agreement which was reached
between Niagara Mohawk and the City of Buffalo in January of 1991, closure of
the Dewey Avenue Service Center PCB facility is scheduled to begin November 20,
1992. The semi-annual report notes that in the six months between November 20,
1991 and Nay 20, 1992, 532 of 2,675 PCB units in Niagara Mohawk's local system
had been processed. As it is clear from their report that Niagara Mohawk won't
be finishing their work by the deadline at their current rate of progress, I
wrote the attached letter. I trust their reply will clarify their plans.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 94
Notification of Disposition of City Records
The following department(s) requested to dispose of city records
as indicated on the attached form(s). I have authorized the disposition of
these records in my capacity as City Records Management Officer.
Public Works- Engineering
RECEIVED AND FILED.
No. 95
Automobile Transportation Allowances
The following departments have filed the required copies of certificates
relative to the granting of Automobile Transportation Allowances for employees
in their respective departments:
Comptroller- Mary E. Davern, Jean A. Reeves
RECEIVED AND FILED.
No. 96
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
51 Court Dublin Brian K. Burke
RECEIVED AND FILED.
No. 97
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:
Inspections and Community Revitalization- Brian J. Hayden
General Services- Patrick H. O'Rourke
RECEIVED AND FILED.
No. 98
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
Zoning Board of Appeals
RECEIVED AND FILED.
No. 99
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved approval of appointments to the position of Council Intern.
ADOPTED.
Appointment to become effective June 25,1992 in the Department of the City
Clerk to the position of Intern II, Seasonal at the starting salary of
$4.25/hr.
Michael D. Piadlo, 89 Howell St., Buffalo, 14207
Joseph Ruminski, 32 Marion St., Buffalo, 14207
Mark T. Dovey, 75 Roesch Ave., Buffalo, 14207
Appointment to become effective June 29,1992 in the Department of Common
Council, Division of City Clerk, James A. Johnson, 376 Louisiana St., Buffalo,
NY 14204 to the position of Intern II, Seasonal at the starting salary of
$4.25/hr.
Appointment to become effective June 25, 1992 in the Department of Common
Council, Division of City Clerk, Angela R. Panaro, 361 Fargo Ave., Buffalo, NY
14213 to the position of Intern III, Seasonal at the starting salary of
$5.00/hr.
Appointment to become effective July 1, 1992 in the Department of Common
Council, Division of City Clerk, Marc Brown, 720 Elmwood Ave., Buffalo, NY
14222 to the position of Intern III, Seasonal at the starting salary of
$5.00/hr.
Appointment to become effective July 1, 1992 in the Department of Common
Council, Division of City Clerk, Timothy P. Palmer, 144 Woodbridge Ave.,
Buffalo, NY 14214 to the position of Intern III, Seasonal at the starting
salary of $5.00/hr.
Appointment to become effective June 25, 1992 in the Department of City Clerk,
Judy M. Pellegrino, 11 Mayer Ave., Buffalo, NY 14207 to the position of Intern
IV, Seasonal at the starting salary of $6.00/hr.
Appointment to become effective June 26,1992 in the Department of Common
Council, Division of City Clerk to the position of Intern IV, Seasonal at the
starting salary of $6.00/hr.
Tanika R. Holmes, 267 Highgate Ave., Buffalo, NY 14215
Lori-Ann Rich, 27 Norwalk Ave., Buffalo, NY 14216
Ebony Rutledge, 326-G South Park Ave., Buffalo, NY 14204
Erin Sargent, 195 Orlando Street, Buffalo 14210
No. 100
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 AUDIT & CONTROL
Appointment to become effective July 1, 1992 in the Department
of Audit & Control. Division of Comptroller, Angela J. Filippone, 41 Knox
Avenue, Buffalo, New York to the position of Laborer I, Seasonal at the
starting salary of $5.98/hr.
Appointment to become effective July 2, 1992 in the Department of Audit &
Control, Division of Real Estate, David Fieramusca, 347 Parkside Ave., Buffalo,
NY 14214 to the position of Laborer I, Seasonal at the starting salary of
$5.98/hr.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment to become effective June 23, 1992 in the Department
of Assessment, Leroy Moses, 67 Beiter Walk, Buffalo, NY 14215 to the position
of Clerk, Seasonal at the starting salary of $5.00/hr.
Appointments to become effective June 24, 1992 in the Department of Assessment
to the position of Clerk, Seasonal at the starting salary of $5.00/hr.
Juanita Adams, 651 Elm St., Buffalo NY 14213
Florence A. Alessi, 791 Busti Avenue, Buffalo NY 14213
Patricia Scarpello, 104 Harding Road, Buffalo NY 14220
Mary B Whelan, 66 Como Avenue, Buffalo NY 14220
Appointment to become effective July 1, 1992 in the Department of Assessment
Mary Beth LeCastre, 43 Bidwell Pkwy., Buffalo, NY 14222 to the position of
Clerk, Seasonal at the starting salary of $5.00/hr.
FROM THE DEPARTMENT OF PARKS
Appointments to become effective June 22, 1992 in the Department
of Parks, Division of Recreation to the position of Lifeguard, Seasonal at the
starting salary of $5.00/hr.
Edward Cudmore, 184 Esser Avenue, Buffalo 14207
Mark Flanagan, 43 Hammerschmidt, Buffalo 14210
John Granville, 7 Marine Drive, Buffalo 14202
Roger Harrington, 79 Norman Street, Buffalo 14210
Daniel Karlinski III, 349 Walden Avenue, Buffalo 14211
Bridget Shanahan, 344 Downing, Buffalo 14220
William Whelan, 108 Hammerschmidt, Buffalo 14206
Sean Eagen, 140 Pries, Buffalo 14220
Michael Kreuzer, 350 Woodside, Buffalo New York 14220
Appointment to become effective July 1,1992 in the Department of Parks,
Division of Recreation to the position of Lifeguard, Seasonal at the starting
salary of $5.00/hr.
Robert Auer, 49 Belmont Street, Buffalo 14207
Donald Ellington, 5 St. Margarets Ct., Buffalo 14216
Juan Feliciano, 28 Tenth St., Buffalo 14201
William Hart, 91 Portland, Buffalo 14220
Kim Fort, 325 Gold, Buffalo 14206
Carrie Giambra, 309 Woodbridge Ave., Buffalo 14214
Elizabeth Gardner, 28 Robins Street, Buffalo 14220
Casey Kaminski, 103 Merrimac, Buffalo 14214
Kathleen Kinny, 126 William, Buffalo 14206
Jeremy Fudella, 77 Beatrice, Buffalo 14207
Diana Fox, 87 Frontenac Ave., Buffalo 14216
Gregory Harris, 45 Woodlawn, Buffalo 14209
Jamal Harris, 482 Norfolk Ave., Buffalo 14215
Melissa Mertz, 748 Elmwood Ave., Buffalo 14222
Norvyn Souter, 25 Bridgeman, Buffalo 14207
Nicole Ufland, 206 Amber St., Buffalo 14220
Ann Manley, 4 Britt St., Buffalo 14220
Daniel Smith, 262 Ideal St., Buffalo 14206
Vernell King, 128 Butler Ave., Buffalo 14208
Jose Ramirez, 576 7th St., Buffalo 14201
Katie Talty, 157 Choate Ave., Buffalo 14220
Appointment to become effective July 2, 1992, in the Department of Parks,
Division of Recreation, Paulette Reslow, 33 Freeman, Buffalo, NY 14215, to the
position of Lifeguard, Seasonal at the starting salary of $5.00/hr.
Appointments to become effective June 18,1992 in the Department of Parks,
Division of Recreation to the position of Supervising Lifeguard, Seasonal at
the starting salary of $ 5.75/hr.
Linda Pernick, 18 Wyandette Ave., Buffalo 14207
Dell Storey, 23 Kosiciuszko, Buffalo 14212
Appointment to become effective July 1,1992 in the Department of Parks,
Division of Recreation Michelle Karlinski, 349 Walden Avenue, Buffalo 1411 to
the position of Supervising Lifeguard, Temporary at the starting salary of
$5.75/hr.
Appointments to become effective July 1,1992 in the Department of Parks to the
position of Laborer II, Seasonal at the starting salary of $6.65/hr.
Patrick Fray, 113 Schutrum Street, Buffalo 14212
Mary Thomas, 55 1/2 Arkansas Street, Buffalo 14213
FROM THE DEPARTMENT OF STREET SANITATION
Appointment to become effective July 1, 1992 in the Department
of Street Sanitation E. Patricia Militello, 650 Seventh Street Buffalo New York
14213 to the position of Laborer II at the starting salary of $ 6.65/hr.
FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment to become effective June 10, 1992 in the Department
of Administration & Finance, Division of the Treasury, Suzanne E. Moores, 26
Strathmore Avenue, Buffalo, New York 14220 to the Position of Chief Teller,
Provisional at the starting salary of $ 23,497.00.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 101
K. BLACKFORD & OTHERS
Property Complaints- 2474 Main & 15 Greenfield
As homeowners on Greenfield and Elam Streets, there have been
serious objections concerning a Buffalo landlord at 2474 Main Street and 15
Greenfield Street. This man is William Johnston who resides at 11 Greenfield
Street. The reckless behavior of landlords recently cited in the Buffalo News
has surely inspired many letters such as this, but we feel this situation has
been ignored long enough and maybe with the new publicity we can have this
problem looked into and resolved as well.
On September 5, 1990 there was a meeting before the Zoning Board for change of
usage of properties at 2474 Main Street and 15 Greenfield Street. Mr. Johnston
Stated at that time that he had no previous violations at these properties.
This, however, is not true. Enclosed &e copies of documents from the City Court
showing violations on both properties. Apparently when these cases came up they
were withdrawn. I was unable to determine the reason for the withdrawal.
Since this hearing, the Zoning Board wanted permission for five apartments at
2474 Main Street. These apartments have consistently been advertised in the
Buffalo News under "Rooms for Rent". Recently, the heading was changed from
2474 Main to Amherst Street. (pg. 1 encl.). I question if this constitutes
legal usage to advertise apartments as though they were a rooming house.
The structure at 15 Greenfield Street was to be converted to two apartments as
a result of this hearing. This, as 1 understand it, has not been done, and the
building still contains four apartments one of which is also rented as rooms
and a third floor apartment that was ordered removed in 1963. (pg. 2 encl.)
Both Mr. and Mrs. Johnston perjured themselves before the Zoning Board. (pg.
4-9 encl.) When seeking support from the Board of Directors of the Parkside
Community Association and Councilman Coppola for the above usage changes did
they also misrepresent themselves?
Repeated attempts have been made to obtain the help of the Division of Housing
and Property Inspections with regard to correcting the illegal usage. When
questioned as to why Mr.. Johnston was allowed to do work on his properties
without permits, the response of Mr. Matt Baudo in the Permit Office has been
to "Leave him alone, he's doing the work and I'm tired of hearing from those
people", meaning the neighbors on Greenfield Street.
It is my concern and the concern of others that Mr. Johnston does not appear to
be held accountable for his actions in the same manner as the remainder of the
neighborhood.
If you could look into the above and keep us apprised of the findings we would
be most appreciative.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS
AND COMMUNITY REVITALIZATION.
No. 102
BCAM
Policy & Procedures Handbook
We are pleased to present to you the first edition of the BCAM
Policy and Procedures Handbook.
This document is designed to provide operational guidelines for our
organization. Please feel free to contact us with any questions, feed-back or
suggestions you may have.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 103
BCAM
Revised 1992-93 Operating Budget
I am pleased to present our revised 1992-93 operating budget.
Should you have any questions or concerns, please feel free to contact me.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 104
Proposed Amendment to Operating Agreement
Production Van
Enclosed is the proposed Amendment to the Public Access Operating
Agreement with respect to the production van.
Should you have any questions or concerns, please feel free to contact me.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 105
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
BEDC Sale of 356-358 Broadway - Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administration Agreement approved by Your Honorable Body
on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall
be submitted for Council approval with prior consultation with the District
Councilmember. Councilmember Pitts was supplied with the attached description
of sale on 6/25/92.
BEDC has received an offer to purchase the vacant lot at
356-58 Broadway for customer parking and possible installation of a gas
pump by the new owners of the adjacent recently opened neighborhood convenience
store.
The proposed sale price to be considered by the BEDC Board is $4,255, or
$1.15/sq. ft. The price is in line with recent sale prices which range from
$0.65 - $1.20/sq. ft. for nearby vacant lots.
The proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels and to acquire added parcels from the
City, as per the Agreement. Attached is a description of the transaction.
Your approval is being sought prior to action by the BEDC Board.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 106
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
Marketing Plan - Neighborhood Commercial Land Bank
The Buffalo Enterprise Development Corporation has prepared a
marketing plan for sale and development of parcels in the Neighborhood
Commercial Land Bank.
The proposed marketing plan, which is attached, is being submitted for
review and approval of Your Honorable Body pursuant to provisions contained in
the Administration Agreement for the Land Bank.
The BEDC is prepared to move ahead with elements of this marketing plan
after review is completed of the proposal.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 107
SAM HASSARI
Offer to Purchase- 275 Jefferson Ave.
I am the proprietor of the Buffalo Discount Liquor Store located
at 279 Jefferson Currently I am in the process of expanding the rear of my
business to include whole sale item and am looking to expand in the near future
for parking. There is property located to the south of my store zoned for
commercial use at the present time.
My understanding from the department of Real Estate is ask the Common Council
for permission to obtain this land located at 275 Jefferson so that I may
expand my business. Again, may I add that this land is zoned for commercial
use and in no way hamper the current housing that is going on in the area.
I am willing to come in and explain my intention to you at your
convenience.
Looking forward to hearing from you.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 108
ANTHONY KNIGHT
Provide Adequate School Funding
As we approach the end of this century- thoughts turn to the
oft-mentioned
date of the future, the year 2000. Our future is more than a date on the
calendar; our future is our children.
We look to the future and our children as the leaders of this city,
country, world. What will be there for them? Will they be prepared for this
leadership role? The answer, "YES" lies in one arena - their education. We, as
parents and the leaders of today have a responsibility to our children to
prepare them for the future and what' it holds. We owe them the building blocks
to attain success at whatever they do. When they achieve success, our mission
will be accomplished.
Yes, this may seem like a tall order, but attainable, when reasonable
people see that our school district gets the funds needed to provide these
building blocks - the school library, staffed by a professional who can prepare
these students for the electronic information age that will be their future;
the vocational education classes that will prepare the service people on whom
we all depend; the sports program that will help develop well-adjusted, healthy
individuals; the small class sizes that are proven effective in successful
learning because each child gets the needed attention in his/her own style of
learning.
We, as a city, must commit ourselves to a school budget adequate to
develop tomorrow's leaders of a global society, through whatever appropriate
means, even increased taxes. It is not enough to say that taxes are too high;
too high compared to what? Affluent school districts have always understood
that if affluence is to continue, it is necessary to invest in providing their
children with a competitive edge. If we expect to continue as an affluent
nation, and a viable city of the 21st century, we must also understand the
necessity to invest in our children's education which will determine the future
of our city and our nation.
We will all succeed when our children meet the challenges of the next
century well-prepared and able to take responsibility for the world. Let's make
sure we do our part on the local level.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 109
K. MAIDA
Request to Be Reinstated as Police Officer
I respectfully submit this request to the members of the Common
Council for their consideration. I retired from the Buffalo Police Department
on December 24, 1987 due to the Preferred Overtime incentive. I am now seeking
to be reinstated to the Police Department. Since February of this year 1 have
written to the New York State Pension System, Commissioner of Police, Civil
Service Commission and have had one Civil Service Hearing. Attached to this
letter are copies of their correspondence and a synopsis of the dates.
Civil Service has denied both my requests by stating Rule 25 of the Rules
for Civil Service which reads: Reinstatements, (l) Resignation.. a person...
may with the approval of the commission and within one year from the date of
such resignation, be reinstated without re-examination to the position from
which he resigned...
A hearing was held on May 20,1992 and a decision was rendered on June 17,
1992. I was denied again; however, this time not because of Rule 25, but
because of Section 58 (4)(b) of the Civil Service Law.
As both of these sections deal with resignation, l feel that they do not
apply to my situation. Resigning and retiring are two different situation. Even
the City acknowledges that there is a difference as they have two separate
forms to use. Most companies that I have spoken with advised me that they are
indeed two different situations.
In closing I feel that I have proven that these two rules should not
apply to me and I therefore respectfully request to the Common Council that I
be reinstated to the Buffalo Police Department immediately.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF POLICE AND THE
CIVIL SERVICE COMMISSION.
No. 110
NYS EMPLOYEES RETIREMENT SYSTEM
Cost of Pension for Working Vacations
As noted in my earlier letter to you, we based the Buffalo working
vacation costs on information provided by the Mayor of Buffalo. We have
reviewed our own internal records of these members and have determined a total
cost of $8 million (instead of $14 million quoted in Fiscal Note No. 92-280).
I am issuing a new fiscal note to Senator Volker and informing Mike Rehack. If
you have any questions, please contact me.
RECEIVED AND FILED.
No. 111
P.B.A.
Arbitration Award
Enclosed is a duly executed Award in the Interest Arbitration
between the City of Buffalo and the Buffalo Police Benevolent Association, PERB
Case No. IA91-010; M91-041. I have hand delivered the original and a copy to
the Public Employment Relations Board in Albany,
I shall be submitting my billing to you for professional services rendered in
the next several days.
I wish to thank you and your advocates, James Schwan and Dennis Campagna, for
your patience, diligence and cooperation through the entire difficult process.
RECEIVED AND FILED.
No. 112
SAINTS HOME CHURCH OF GOD IN CHRIST
Compromise Demolition Liens
This office represents the Saints Home Church of God in Christ,
the owner of the vacant premises located on the corner of Ferry and Norwood
Streets in the city of Buffalo. You may recall that in 1969 there was a
substantial fire at the church which resulted in its almost total destruction,
and which, unfortunately, was uninsured due to a clerical error. A brief
history of the Church of God in Christ is included with my enclosures.
Unfortunately, the church did not possess sufficient funds to demolish the
building and the city of Buffalo performed an emergency demolition of this
structure, resulting in 2 demolition liens which total the sum of $57,200. The
property was appraised by appraiser Thomas Cautaudella and I have enclosed his
full appraisal report dated February 10, 1992 showing a fair market value of
the property in the amount of $39,000. In addition thereto I have been advised
that the city of Buffalo itself did a recent market value for equalization
purposes and that figure was in the amount of $40,500. It is clear, on the
basis of both the private appraisal and the City of Buffalo appraisal, that the
demolition liens far exceed the market value of the property.
Despite those low appraisals the church has been fortunate in obtaining a
contract to sell the property to Nanco Developers, Inc. for the sum of $70,000.
A copy of the contract from Nanco Developers is enclosed.
However, in addition to the city of Buffalo's demolition liens of $57,200 there
is a $30,000 first mortgage (copy of first mortgage is enclosed), and expenses
of sale. These expenses of sale total approximately $8,500 and include
realtor commission of $3,500, attorney's fees, search and survey, recording
costs, etc. of approximately $5,000. So, it may readily be seen that the liens,
which total approximately $95,700, exceed the Value of the contract price of
$70,000.
The parties, recognizing that a compromise of the demolition liens by the City
of Buffalo is necessary to complete the contract, inserted into the contract of
sale that it was conditional upon the City of Buffalo satisfying their
demolition liens in full for the Sum of $20,000 or less; Assuming that this
could be accomplished, the expected net proceeds to the Church would be
approximately $11,500. Deducted from the $70,000 said price would be
approximately $58,500, representing $20,000 to the City of Buffalo in full
satisfaction of their demolition liens, $30,000 for the first mortgage, which
must be discharged on closing, and $8,500 representing expenses of sale,
including the realtor's commission.
Both my client and Nanco Developers are hopeful that the matter can be
resolved, to place the property back on the tax rolls. Since the present owner,
the church, is a religious Corporation, the property is tax exempt. By having a
private sector developer as the owner, the property can be reinstituted on the
tax rolls. It is my understanding that Nanco, which is presently completing
other projects in the City of Buffalo, plans on constructing approximately 6
town houses if the property closes.
I would appreciate your reviewing all documents and am hopeful that you will
agree that a compromise of the city of Buffalo liens is in the best interests
of not only the church but also of the City of Buffalo.
It is my understanding that a matter of this nature must meet the approval of
the Common Council and I would request, on behalf of the Church, that you
sponsor such a resolution in front of the council.
If there is any additional information you require, please call upon me. A copy
of this letter is being sent to Corporation Counsel Wendy Willoughby at her
request.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL
No. 113
TCI OF NEW YORK
Negotiations Proposed for Cable Service
It is with pleasure that TCI of New York, Inc., submits to you
its informal negotiation proposal for the continued provision of cable service
to our customers in Buffalo.
We believe that the proposal reasonably anticipates both the present and future
cable-related community needs of our customers and of the community, taking
into account a number of important considerations.
We look forward to working with the City and to arriving at a successful
conclusion of these discussions, as provided for under Section 626 of the Cable
Communications Policy Act of 1984.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL
PETITIONS
No. 114
Wallace C. Piotrowski, owner, petition to use 880 Abbott Rd. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 115
Westminster Presbyterian, owner, petition to use 724 Delaware for a sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 116
Kelly O'Mara and Others request continued use of Tosh Collins facility for the
W.l.C. Program
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON JAMES W. PITTS
CHAIRMAN
No. 117
Fact-Finder Report- Local 71 (Mayor)
(Item # 4 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby referred
to the Taylor Law Impasse Committee.
ADOPTED.
No. 118
L.L. Intro # 3/ Deputy Fire Commissioners
(Item # 183 CCP Mar 3,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
L.L. Deputy Commissioners (Fire)
(Item # 34 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Attorney Fees/Local 282 Arbitration
(Item # 43 CCP Feb 4, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Legal Fees/Local 282 Arbitration (CC)
(Item # 69 CCP April 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Park Utility Worker List (CSC)
(Item # 81 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Appt. Assoc. Acct. (Max) (Compt)/ Biondi
(Item # 18 CCP Feb 4, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Appt. Sr. Tax Clerk (Inter) (Assmt)
(Item # 23 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Info/Appt. Sr. Tax Clerk (CSC)
(Item # 75 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Info/Appt. Sr. Tax Clerk (Assmt)
(Item # 21 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Appt. Superv. Street San. I (Max) (STS)
(Item # 50 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Info/Supervisor of Street Sanitation I
(Item # 73 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Appointment
Assessment/Senior Tax Clerk
That Communication No. 40 CCP Apr 14, 1992 be received and filed
and the Temporary appointment of David J. Adamski stated above at the
Intermediate salary $21,042.00 effective on Mar 26, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 130
Appointment
Assessment/Associate Tax Clerk
That Communication No. 41 CCP Apr 14, 1992 be received and filed and the
Permanent appointment of Rachelle Malek stated above at the Maximum salary
$25,957.00 effective on April 2, 1992 is hereby approved.
PASSED.
AYES_ 13 NOES- 0.
No. 131
Appointment
Assessment/Principal Assessor
That Communication No. 42 CCP Apr 14, 1992 be received and filed
and the Provisional appointment of Robert J. Quinn stated above at the
Intermediate salary $37,029.00 effective on Mar 26, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 132
Appointment
Street Sanitation/Truckdriver
That Communication No. 53 CCP Apr 28, 1992 be received and filed
and the Permanent appointment of Ronald M. Hayden stated above at the
Intermediate salary $20,994.00 effective on Apr 13, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 133
Appt. Supervising Accountant (Max) (Compt)
(Item # 22 CCP May 12, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Appointment
Audit & Control/Principal Accountant
That Communication No 23 May 12, 1992 be received and filed and
the Permanent appointment of Anne Forti-Sciarrino stated above at the Maximum
salary $41,822.00 effective on May 7, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 135
Appointment
Public Works/Meter Reader
That Communication No 47 CCP May 26, 1992 be received and filed
and the Provisional appointment of Dominic A. Chella stated above at the
Intermediate salary $20,976.00 effective on May 13, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 136
Appointment
Assessment/Sr. Tax Clerk
That Communication No 24 CCP Jun 9, 1992 be received and filed
and the Provisional appointment of Cheryl A. Yeates stated above at the Maximum
salary $23,424.00 effective on May 28, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 137
Appointment
Assessment/Senior Assessor
That Communication No 25 CCP Jun 9, 1992 be received and filed
and the Temporary appointment of Andrew P. Satyshur stated above at the Maximum
salary $38,089.00 effective on May 28, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 138
Appointment
Police/Laborer I
That Communication No 46 CCP Jun 9, 1992 be received and filed
and the Permanent appointment of Donald Gold stated above at the Maximum salary
$9.38 effective on April 28, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 139
Appointment
Human Resources/Medical Secretary
That Communication No 70 CCP Jun 23, 1992 be received and filed
and the permanent appointment of Linda Kowalski stated above at the
intermediate salary $20,388.00 effective on June 9, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 140
Notices of Appointments (C. Clerk)
(Item # 83, CCP, Jun 23, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 141
NEW YORK STATE THRUWAY AUTHORITY
I-190 NIAGARA THRUWAY RECONSTRUCTION
(ITEM NO. 101, C.C.P., MAY 26, 1992)
That the New York State Thruway Authority ("Authority") be and
it hereby is authorized to use Niagara Street from Carolina to Ontario Street
and Porter Avenue from Niagara Street to Moore Drive as detours during periods
of necessity occasioned by the forthcoming reconstruction of Interstate I-190
from Milepost N 6.6 to Milepost N 10.8.
That the Authority be and it hereby is authorized to maintain traffic on
such detour streets in accordance with Section 619 of the Standard
Specification of the New York State Department of Transportation such periods
of necessity, and to provide traffic control devices and other improvements to
such streets and associated streets affected by the detours, all as has been
detailed in the Authority's contract plans for the project.
That the City of Buffalo shall continue to provide routine maintenance on
the such streets, including snow and ice removal, and the maintenance of
traffic signals.
That the City Clerk be, and he hereby is directed to transmit to the
Authority two certified copies of this resolution.
Mr. Collins, now moved to recommit the above item to the Committee on Finance.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 12
NOES- PITTS- 1
No. 142
PURCHASE OF 1040 ELLICOTT STREET
ITEM NO. 199, C.C.P., JUNE 9, 1992
That the Comptroller be, and he hereby is, authorized to convey
the property at 1040 Ellicott Street to Homespace, Inc. ("Homespace") in
consideration of the payment of one dollar by Homespace to the City of Buffalo
and on the condition that Homespace convenant to (i) continue to maintain its
status as a not-for-profit organization dedicated to developing low income and
transitional housing, and (ii) construct and maintain a 12 unit home for single
parents on the premises conveyed.
PASSED.
AYES- 13 NOES- 0.
No. 143
Sale Of 1040 Ellicott (Compt)
(Item # 14 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
APPROVAL OF UTILITY EASEMENTS
227 JEFFERSON AVENUE AND 637 NORTH DIVISION
SHAREEF ENTERPRISES, INC.
GAL/VAN DEVELOPERS, INC.
(ITEM NO. 66, C.C.P., JUNE 23, 1992)
That the utility easement agreements with the Niagara Mohawk Power
Corporation for the referenced properties be, and they hereby are, approved in
the form submitted to the Common Council, and the proper officer of the City of
Buffalo be, and he hereby is, authorized to execute such agreements on behalf
of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 145
BRACO-I - REFUND OF EXCESS REAL
PROPERTY TAX PAYMENTS, 1991-92
(ITEM NO. 42, C.C.P., JUNE 23, 1992)
That a refund of taxes to BRACO-I in the total amount of $31,839.28
for properties described in the referenced communication from the Corporation
Counsel, be, and the same hereby is, authorized and approved.
Mr. Collins, now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 146
CHANGE IN CONTRACT - NEW PARKSIDE
ENTRANCE BUFFALO ZOO
(ITEM NO. 33, C.C.P., JUNE 23, 1992)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order to C&C Plumbing and Heating Corporation, changes
resulting in a net increase in the amount of $1,175.00, as more fully described
in the above communication, for additional work relating to the New Parkside
Entrance, Buffalo Zoo, Contract No. 91634000. Funds for this work are in B/F
200-402-070 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 147
REQUEST TO WAIVE RENTAL FEES
TO THE WORLD UNIVERSITY GAMES
(ITEM NO. 112, C.C.P. JUNE 23, 1992)
That the Stadium and Auditorium Board ("Board") be and it hereby
is authorized and directed to waive any fees it is otherwise required to impose
for the use of Pilot Field and Memorial Auditorium when such facilities are
used by the Greater Buffalo Athletic Corporation ("GBAC") in connection with
the World University Games to be held in June. and July, 1993, provided
however, that prior to any such rise GBAC shall have provided to the City a
policy of public liability insurance insuring the City in form and amount
satisfactory to the Director of the Board, and provided further that GBAC shall
have agreed to assume all customary costs for use of the facilities other than
fees, and provided further that GBAC shall have provided the Common Council
with a list of the planned events and dates thereof to be held in such
facilities.
PASSED.
AYES- 13 NOES- 0.
No. 148
DISPOSAL OF VARIOUS ITEMS
Item No. 41, C.C.P., June 23, 1992
That the Commissioner of Police, be and he hereby is, authorized
to dispose of the items listed in the above communication by scrapping same.
PASSED.
AYES- 13 NOES- 0.
No. 149
Gethsemane Church/Request Payment For Cutting City Lots
(Item # 79 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Grass Cutting Charges/ 42 Grape (CC)
(Item # 44 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
D. Sansanese/Compromise Demolition Costs
142 W. Delavan
(Item # 92 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Compromise Demolition Costs/142 W. Delavan (CC)
(Item # 53 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Compromise Demolition Costs/ 142 W. Delavan (ICR)
(Item # 62 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
MEMORIALIZE THE STATE OF NEW YORK AMEND PUBLIC AUTHORITIES LAW
SECTION 1048-f. WATER BOARD WATER BOARD MEMBERSHIP
ITEM NO. 47, C.C.P., MAY 28, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Perla moved:
This Common Council of the City of Buffalo memorializes the State of New
York Legislature to amend the New York State Public Authorities Law Section
1048-f. Water Boards to reflect that the Water Board shall consist of one
member appointed by the Council, one member appointed from the League of Women
Voters, one member appointed from the Buffalo Chamber of Commerce, and four
members appointed by the Mayor. This legislation should also state that no
water Board member can be a City Employee or an employee of any City of Buffalo
Ancillary Agency; and
The City Clerk be directed to forward certified copies of the resolution
to the Clerk of the Assembly, the Secretary of the Senate and members of the
Western New York delegation to the State Legislature.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, HIGGINS, PERLA, ZUCHLEWSKI- 7.
NOES- ARTHUR, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO, PITTS- 6.
Mr. Higgins moved to reconsider the above item; seconded by Mr. Fahey A new
vote was taken on the approval of the item.
LOST.
AYES- AMOS, BELL, COLLINS, PERLA, PITTS, ZUCHLEWSKI- 6.
NOES- ARTHUR, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 7.
No. 155
Memorialize Legislation/Water Board Membership (CC)
(Item # 54 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Single Audit/Federal, State, County Grants (Compt)
(Item # 9 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby referred
to the Committee on Economic Development.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 157
RUSSER FOODS PETITION TO USE
50 VAN RENSSELAER FOR POLE SIGN
(ITEM NO. 95, C.C.P. JUNE 23, 1992)
That after a public hearing before the Committee on Legislation
on June 30, 1992, the petition of Russer Foods, petitioner, Erie County
Industrial, owner, for permission to use 50 Van Rensselaer for a pole sign be
and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 158
JACOBI DEVELOPMENT PETITION TO USE
526 NIAGARA STREET FOR 32 APARTMENTS WITH PARKING
(ITEM NO. 96, C.C.P. JUNE 23, 1992)
That after a public hearing before the Committee on Legislation
on June 30, 1992, the petition of Jacobi Development, owner, for permission to
use 526 Niagara Street for 32 apartments with parking be and hereby is
approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHEWLSKI- 12.
NOES- FAHEY- 1.
No. 159
G.J. & E.J. CARRIERO, PETITION TO USE
1544 HERTEL FOR A TAKE-OUT RESTAURANT
(ITEM NO. 97, C.C.P. JUNE 23, 1992)
That after a public hearing before the Committee on Legislation
on June 30, 1992, the petition of G.J. & E.J. Carriero, owners, for permission
to use 1544 Hertel Avenue for a take-out restaurant be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 160
SOUTHSIDE BOWLING CENTER, INC. PETITION TO USE 1603 SENECA STREET FOR POLE SIGN
(ITEM NO. 98, C.C.P. JUNE 23, 1992)
That after a public hearing before the Committee on Legislation
on June 30, 1992, the petition of Southside Bowling Center, Inc., owner, for
permission to use 1603 Seneca Street for a pole sign be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 161
Jafco Realty Corp.- Petition to 2192 Niagara Street
(Item No. 99, C.C.P., 6/23/92)
That the above item be, and it hereby is, returned to the Common
Council without recommendation.
Mr. Zuchlewski moved:
That the petition of Jafco Realty Corp. to erect a masonry building for
use as sit-in restaurant at 2192 Niagara Street be and it hereby is approved in
accordance with the petition and the approval thereof by the Planning Board,
provided, however, that Jafco Realty Corp. and any successor owner of such
property shall be obligated to grant easements or other appropriate means of
access to facilitate the connection of the Riverwalk project which abuts the
subject property on the north and south and to promote the greatest feasible
public access to the Niagara River's edge.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 162
544 NIAGARA STREET REQUESTS
PERMISSION TO INSTALL SIGN
(ITEM NO. 45, C.C.P., MAY 26, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. William Ruiz, owner of West End Latino
Records, located at 544 Niagara Street, to install a sign which would encroach
city right-of-way at said address, subject to the conditions set by the
Department of Public Works in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 163
W. Ruiz/R.O.W. Sign at 544 Main St.
(Item # 12 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
CURTIS SCREW REQUESTS PERMISSION TO ENCROACH
AT 1130 NIAGARA STREET
(ITEM NO. 39, C.C.P., JUNE 9, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. John T. Hoskins, Chairman of the Board of
Curtis Screw Company, 1130 Niagara Street, to construct a new entranceway,
which would encroach city right-of-way at said address, subject to the
conditions set by the Department of Public Works in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 165
Encroachment/ 1130 Niagara (CPBD)
(Item # 5 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
223 GENESEE, 1989 SOUTH PARK, AND 637 WALDEN PERMISSION TO INSTALL SIGN
(ITEM NO. 36, C.C.P., JUNE 23, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. James H. Waters, of Outdoor Advertising
Services, acting as agent for Fleetbank, to install signs at 223 Genesee, 1989
South Park and 637 Walden, all which would encroach city right-of-way at said
addresses, subject to the conditions set by the Department of Public Works in
the above communication.
PASSED.
AYES- 13 Noes- 0.
No. 167
GRASER FLORIST ENCROACH AWNING
399 AMHERST
(ITEM NO. 90, C.C.P. JUNE 23, 1992)
That the petition of Marty Kohler, of Kohler Awning, acting as
agent for Thomas Graser, owner of Graser Florist, to install an awning which
would encroach on city right-of-way at 399 Amherst Street, be approved, subject
to conditions set by the Department of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 168
LOCAL LAW INTRO. NO. 1 (1992)
RENAME ADVOCACY OFFICE
(ITEM NO. 128, C.C.P. JUNE 23, 1992)
That the Local Law as contained in Item No. 128, C.C.P., June
23, 1992, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 169
Council Of Churches/Police Department Complaint Process
(Item # 88 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 170
NYCLU/Clarify Complaint Process/Police
(Item # 91 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 171
BUFFALO ZOOLOGICAL GARDENS
PROPOSED RATE CHANGES
(ITEM NO. 80, C.C.P., JUNE 9, 1992)
That the following admission and parking fees at the Buffalo Zoo
are hereby approved:
Adult (17 & over) $5.00
Senior Citizen 4.00
Youths 3-16 years old 3.00
Children 2 years and under Free
Parking $3.00
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 172
Establish SEQRA Process For Capital Budget
(Item # 164 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Permission To Erect Tents/Corporate Challenge Race
(Item # 154 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
B. Easley/Complaints On Conditions At LaSalle Park
(Item # 77 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Complaints/Conditions At Lasalle Park (Parks)
(Item # 40 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Solutions To Keep Bennett Beach open (Parks)
(Item # 39 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
E. Statler/Use T. Collins Center For WIC Program
(Item # 82 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Employees Living Outside City (Compt)
(Item # 23 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Residency Requirements (BSA)
(Item # 76 CCP May 26, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Residency Requirements (BMHA)
(Item # 67 CCP Jun 9,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Problems with 1992-93 Budget (Fire)
(Item # 47 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Request Resignation of Fire Commissioner
(Item # 165 CCP Jun 9, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Resignation Of Fire Commissioner (CC)
(Item # 45 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Central Police services/Report On 911
(Item # 89 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
APPOINTMENT OF MEMBER OF THE
CONVENTION CENTER BOARD
ITEM NO. 17, C.C.P., JUNE 23, 1992
That the appointment of Mr. Ralph Davis Sr., 2046 Fillmore Avenue,
Buffalo, New York 14214 as member of the Convention Center Board to serve out
the unexpired term of Mr. Archie Hunter, be and hereby is confirmed.
ADOPTED.
No. 186
Explain Use Of SEVIN In Delaware District
(Item # 142 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Hearing On Tree Spraying with SEVIN
(Item # 130 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 188
LDA - Langston Hughes Institute- 25 High St.
(Item No. 48, C.C.P., June 23, 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 June 9, 1992, at 2:00 P.M., and that notice
of same has been properly published in the Buffalo News, and a copy of same is
attached hereto.
On a motion by Mr. Fahey, Seconded by Mr. Bell the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances- David Sengbush- B.U.R.A.
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Bell
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Langston
Hughes Institute 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 Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That Langston Hughes Institute and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for a portion of Oak
Street Redevelopment Project NYR-197.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Langston Hughes Institute and/or other legal entity to be formed
in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 189
LDA - Amend Masten New Housing- BBZ Developer
(Item No. 63, C.C.P., June 23, 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 June 9, 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. Collins the item is properly before
the Common Council and the hearing be opened.
CARRIED.
Appearances : Louis Malucci
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Collins
CARRIED.
Mr. Fahey 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
128-138, 186-192 and 177-179 Chester Street located in the Masten Councilmanic
District, for the construction of five 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:
128-138, 186-192 and 177-179 Chester Street
b.) Amend section 4 of the LDA to increase the number of residential dwelling
units to seventeen (17).
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- 13 NOES- 0.
No. 190
LDA - Amend Emslie New Housing- Ogiony Developer
(Item No. 64, C.C.P., June 23, 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 June 9, 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. Pitts the item is properly before the
Common Council and the hearing be opened.
CARRIED
Appearances- Louis Malucci
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Pitts
CARRIED
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated N.J. Ogiony Builders, Inc., and/or other ~legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement (LDA) has been duly
submitted to this Common Council by the Buffalo Urban Renewal Agency; and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of forty-five (45)
residential dwelling units, and
WHEREAS, said LDA provided for conveyance of the Property as described in
Schedule A from BURA to the Redeveloper for the construction of residential
dwelling units on 208 Bristol, 226 Bristol, 240 Bristol, 16 Pink and 18 Pink
Street, and
WHEREAS, BURA and Redeveloper desire to amend said LDA to delete the
above property from Schedule A of said LDA and to include the vacant property
located on Sidway Street between South Park and Mackinaw Street,
NOW, THEREFORE BE IT RESOLVED, in consideration of the premises and the
mutual obligation of the parties hereto, each of them does hereby covenant and
agree with the other to amend Schedule A of the LDA to delete 208 Bristol, 226
Bristol, 240 Bristol, 16 Pink and 18 Pink Street and to include the vacant
property located on Sidway Street between South Park and Mackinaw Street, and
RESOLVED, that all terms and provisions not included in this Amendment
shall remain unchanged and shall remain in full effect.
RESOLVED, that M.J. Ogiony Builders Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide
Urban Renewal Homestead Program.
RESOLVED, 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.
PASSED.
AYES- 13 NOES- 0.
No. 191
LDA - Former School # 41- Gal Van Developer
(Item No. 65, C.C.P., June 23, 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 June 9, 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. Bakos the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances: Louis Malucci
Mr. Fahey moved that the hearing be closed.
Seconded by Mr. Bakos
CARRIED.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
RESOLUTIONS
No. 192
BY: MESSRS. AMOS AND PERLA
ADDITIONAL FUNDING FOR GRANT-IN-AID AGENCIES
WHEREAS: The City of Buffalo's 1992-93 budget includes funding
for cultural and human service grant-in-aid agencies at a total amount of
$700,868, equal to 25 percent of last year's allocation for those groups; and
WHEREAS: While the city's recent fiscal problems resulted in cuts in the range
of 10 to 15 percent for most city departments, grant-in-aid agencies were
suffered a nearly 75 percent reduction from last year's budget; and
WHEREAS: These agencies play a very significant role in maintaining the quality
of the life in this city in a variety of ways, and any reduction in service
would have a devastating impact upon the cultural, economic and social fabric
of this community; and
WHEREAS: For these agencies to make up for this unanticipated and dramatic loss
of income it would be necessary for them to increase fees paid by the public,
curtail programming, reduce the number of free activities, and/or lay off
employees; and
WHEREAS: Some grant-in-aid agencies are already planning significant increases
in their admission fees, which would result in the inability of many members of
this community, particularly the poor and elderly, to enjoy these local
treasures; and
WHEREAS: Increased fees could also reduce overall attendance and seriously
hamper the future financial viability of these agencies; and
WHEREAS: The revenue-generating actions taken in the 1992-93 budget have
established a firm financial base for the city, especially since $3.6 million
of the $4.6 million anticipated from the sale of the water system has been
placed in a reserve account; and
WHEREAS: The city has also embarked on a number of efforts to make its
operation more efficient, and to recover the cost of providing various
specialized services; and
WHEREAS: Using these innovative methods to enhance the municipal corporation's
fiscal well-being, the city should realize a substantial increase in revenue as
well as a reduction in expenditures; and
WHEREAS: An additional $624,770 would be needed to increase funding for
cultural and human service grant-in-aid agencies to 50 percent of the
allocation each one received in the 1991-92 budget; and
WHEREAS: Providing this funding would not only be a more fair and equitable way
to deal with these agencies, but it would also have a long-term positive impact
on the City of Buffalo. NOW, THEREFORE BE IT RESOLVED:
That this Common Council hereby supports increasing funding for cultural and
human service- grant-in-aid agencies in fiscal 1992-93 up to 50 percent of the
allocations they received in the 1991-92 budget; and
BE IT FURTHER RESOLVED:
That, by December 3, 1992, the City Comptroller submit to this Honorable Body a
current report on the status of City of Buffalo 1992-93 actual and anticipated
revenues and expenditures as well as cash flow forecasts, and verify the
availability of funds for this purpose; and
BE IT FURTHER RESOLVED:
If the Comptroller's report to this Honorable Body indicates that the City of
Buffalo will have the fiscal ability to restore funding for cultural and human
service agencies and still balance the city budget for fiscal 92-93, that the
Mayor and Comptroller be requested to initiate a transfer of funds from the
appropriate city account for this purpose by December 31, 1992.
LOST.
AYES- AMOS, COPPOLA, FAHEY, FRANCZYK, PERLA- 5.
NOES- ARTHUR, BAKOS, BELL, COLLINS, HIGGINS, LOTEMPIO, PITTS, ZUCHLEWSKI- 8.
No. 193
BY: MESSRS. ARTHUR AND COPPOLA
REQUEST REPORT ON OPERATION OF CITY PARKING RAMPS AND SURFACE
LOTS
WHEREAS: The City of Buffalo has a management agreement with Buffalo
Civic Auto Ramps, Inc., a non-profit organization, to operate the City's
downtown parking ramps; and
WHEREAS: It has been reported to the Common Council that the City, through
the Board of Parking, has similar agreements with Allright New York Parking,
Inc. and Multiple Parking Services, Inc. for the operation and maintenance of
other City owned ramps and surface lots; and
WHEREAS: It seems prudent in this time of fiscal austerity that the practice
of contracting work with for-profit corporations be examined to determine
whether Buffalo Civic Auto Ramps, a non-profit organization, could provide the
services being provided by Allright and Multiple Parking in a more cost
effective manner.
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Board of Parking to provide a listing
of all contracts with Allright Parking, Multiple Parking and Buffalo Civic Auto
Ramps, Inc. for the operation and/or maintenance of City parking ramps and
surface lots. Specifically, the submission should identify:
(l) Which lots and/or ramps each company operates and/or maintains;
(2) The dollar value and term of each of the contracts;
(3) The principals of Allright New York Parking, Inc. and Multiple Parking
Services, Inc.; and
BE IT FURTHER RESOLVED THAT:
The Corporation Counsel's Office file with this Council a copy of the
management agreement between the City of Buffalo and Buffalo Civic Auto Ramps.
ADOPTED.
No. 194
BY: MESSRS. BAKOS & FAHEY
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF NEW BUFFALO INDUSTRIAL
PARK PORTION OF DISPOSITION PARCEL # 2
WHEREAS, TML/Wolin Industries, Ltd., and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of New
Buffalo Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
10th day of July 1992.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
21st day of July 1992.
ADOPTED.
No. 195
BY: MR. BELL
WATER PAYMENT STRUCTURE
WHEREAS: The Division of Water is in the process of being sold
to the Buffalo Water Finance Authority; and
WHEREAS: While there will be few visible changes in service to the rate
payers, this restructuring should look toward a new and more efficient way to
deal with the users of the system; and
WHEREAS: The economy has placed some of the users of the water system behind
in their payments; and
WHEREAS: When faced with a shut off of service, these citizens, many of whom
are on fixed income, sign financial agreements so that service can continue;
and
WHEREAS: The agreements are signed under the threat of a water shutoff; and
WHEREAS: Having to choose between a water shutoff and signing a financial
agreement outside the reality of their personal budgetary situation, the user
will choose the latter; and
WHEREAS: The soon to be created Water Authority should originate a new
policy that is equitable to the rate payers;
NOW, THEREFORE BE IT RESOLVED:
That this Council requests the new Water Board to look toward a cap on water
arrears which, when reached, triggers a negotiated payment schedule with the
customer; and
BE IT FURTHER RESOLVED:
That the Water Board look toward a customer service department that will serve
the diverse needs of all Buffalo water customers.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE WATER BOARD.
No. 196
Mr. Amos was excused from further attendance of the Council meeting.
No. 197
BYMR. COLLINS
:
MEMORIALIZE THE STATE LEGISLATURE TO AMEND THE BUFFALO MUNICIPAL
HOUSING AUTHORITY BOARD
WHEREAS: The Buffalo Municipal Housing Authority has been under
investigations by the U.S. Justice Department, the General Accounting Office,
the Department of Housing and Urban Development, and the State Commission on
Government Integrity, and has been the target of a barrage of criticism in
recent years; and
WHEREAS: All of the above investigations have occurred under the present
system in which the mayor alone appoints five of the seven board members, while
tenants elect the remaining two; and
WHEREAS: There has been several attempts to establish a process of checks
and balances, such as State Sen. Anthony M. Masiello's introduction of
legislation that would make the Board of the Buffalo Municipal Housing
Authority subject to comfirmation by the Common Council; and
WHEREAS: While this bill was introduced in 1988, it never came to the floor
of the Senate for a vote; and
WHEREAS: It is apparent that the present system is not working, and a more
diversified membership to the Buffalo Municipal Housing Authority is needed.
NOW THEREFORE BE IT RESOLVED:
That this Common Council does hereby request the New York State Legislature to
amend the structure of the Buffalo Municipal Housing Authority Board by
reducing the number of appointees of the mayor from five (5) to three (3); and
BE IT FURTHER RESOLVED:
That the Common Council does hereby request that the amendment grants to the
Council the power to appoint two members to the Buffalo Municipal Housing
Authority Board; and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to certify passage of this resolution and to
send copies thereof to the Clerk of the Assembly, the Secretary of the Senate
and the members of the Western New York Legislative Delegation.
ADOPTED.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- FAHEY, LOTEMPIO- 2.
No. 198
BY: MR. COLLINS
CONVERT HUMBOLDT PARKWAY/N. PARADE TWO WAY STREET- BETWEEN N.
HAMPTON AND BEST STS.
WHEREAS: The Museum of Science and the Buffalo Board of Education
were granted jurisdiction of the westerly park road/parking area at Martin
Luther King Jr. Park through item # 175, C.C.P. 4/14/92; and
WHEREAS: This action has limited the local thru traffic and has caused great
inconvenience to neighborhood residents on both sides to the expressway; and
WHEREAS: By converting the western portion of Humboldt Parkway beginning at
North Hampton to Dodge and continuing on West Parade to Best Streets to a two
way street, it would allow area residents a more convenient way to enter their
residences without having to drive around the entire park to reach their
respective local streets;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council request the Department of Public Works to immediately begin
converting the western portion of Humboldt Parkway beginning at North Hampton
to Dodge and continuing on West Parade to Best Streets to a two way street.
ADOPTED.
No. 199
BY: MR. COLLINS
BOND RESOLUTION $200,000 SERIAL BONDS -DEVELOPMENT OF BROADWAY-FILLMORE
AREA ACCOUNT 200-717-046
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $200,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF DEMOLITION OF CITY OWNED BUILDINGS IN THE BROADWAY-
FILLMORE AREA, AT THE ESTIMATED MAXIMUM COST OF $200,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Two Hundred Thousand Dollars ($200,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 1818-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of demolition of City owned buildings in the Broadway-Fillmore commercial area
of the City. The estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
Two Hundred Thousand Dollars ($200,000) as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1992-93.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Redevelopment of Broadway-Fillmore Area 1992-1993," Bond Authorization Account
No. 200-717-046, and shall be used for the purpose specified in Section 1 of
this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $200,000.
This resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 12-a. of the Local Finance Law, is
ten (10) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JUL 7 1992
LAID ON THE TABLE.
No. 200
BY: MR. COLLINS
BOND RESOLUTION $250,000 GENERAL IMPROVEMENT SERIAL BONDS THE
IMPROVEMENTS OF KINGSLEY PARK ACCOUNT 200-717-042
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF IMPROVEMENTS OF KINGSLEY PARK, AT THE ESTIMATED MAXIMUM
COST OF $250,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Two Hundred Fifty Thousand Dollars ($250,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (the "Law"); to finance the
cost of improvements of Kingsley Park, including the removal of toxic soil and
sub-soil. The estimated maximum cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
Two Hundred Fifty Thousand Dollars ($250,000) as set forth in the duly adopted
Capital improvements Budget of said City for fiscal year 1992-93.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development, Division of Development, "Kingsley Park Environmental Remediation
1992-93," Bond Authorization Account No. 200-717-042, and shall be used for the
purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $250,000.
This resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be Issued,
within the limitations of Section 11.00 a. 19. (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required to be provided as a down payment prior
to the issuance of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: JUL. 7 1992
LAID ON THE TABLE.
No. 201
BY: MR. COPPOLA
1992 GREATER BUFFALO ITALIAN
HERITAGE & FOOD FESTIVAL
WHEREAS: The North Buffalo Community Development Corp., the Hertel-North
Buffalo Business and Taxpayer Assn., Inc., and the West Side Business and
Taxpayer Assn., Inc., have requested permission to again jointly conduct the
greater Buffalo Italian Heritage and Food Festival, from July 29, thru August
2, 1992 on Hertel Avenue; and
WHEREAS: These groups are also requesting that Hertel Avenue be closed to
traffic between Crestwood and Tennyson Avenue during the above dates and the
cross Streets between Colvin and Delaware Avenues, and also Linden and Tacoma
Avenues between Colvin and Delaware be designated festival areas; and
WHEREAS: This festival will once again be a major expression of Italian
Heritage which includes culture, customs and foods, and will once again attract
people from hundreds of miles away;
NOW. THEREFORE. BE IT RESOLVED:
That the North Buffalo Community Development Corp., the Hertel-North Buffalo
Business and Taxpayer Assn., Inc., and the West Side Business and Taxpayer
Assn., Inc., are hereby granted permission to jointly conduct the 1992 Greater
Buffalo Italian Heritage and Food Festival, subject to the following :
A. The festival shall be conducted on Hertel Avenue from July 29, to
August 2, 1992 between the hours of 11:00 A.M. and 11:00 P.M. with July 27 from
12:00 P.M. and July 28 to be used as set-up days and August 3 to be used as a
breakdown day, with traffic to re-commence by noon of that day.
B. Hertel Ave, between Crestwood and Tennyson, shall be closed to
vehicular and bicycle traffic during the festival. In addition cross streets
bounded by Colvin, Linden, Delaware and Tacoma Avenues. Including those
boundary streets, shall be part of the Festival area, subject to its rules and
regulations. Permitees with the cooperation of and at the direction of the
Police Department, will furnish and locate barriers to be placed at the
beginning time of the Festival and to be removed at the ending of the Festival.
C. That the City-owned residential area parking lot, located behind 1180
Hertel, shall be closed to general use and shall be reserved solely for those
residents of Hertel Avenue residing within the Festival area, and this
restriction shall be enforced strictly by the City and the Festival Committee.
D. That the Festival Committee be, and herby is, authorized to erect
appropriate banners and fittings on street lamp posts on Hertel Ave. from the
easterly side of Colvin to the westerly side of Delaware Ave. at Tennyson and
at Crestwood, all within conditions specified by the Dept. of Public Works.
E. Permitees shall furnish to the City of Buffalo proper liability
insurance as determined by the Special Events Committee.
F. Permitees shall assure complete responsibility for removing barriers,
pennants, decorations, barricades, stands, equipment and trash or debris in the
area arising out of the Festival.
G. Permitees shall assume complete responsibility for conducting the
Festival in compliance with all the laws and ordinances applicable, and with
all directives of the various City departments including Police, Fire, Street
Sanitation, transportation and Public Works.
H. Permission is hereby granted for the above under such terms and
conditions so as to protect the interests of the City of Buffalo, as set forth
by the Special Events Committee.
PASSED.
AYES- 12 NOES- 0.
No. 202
BY: MESSRS. COPPOLA AND ARTHUR
REQUEST REPORT AND AUDITS BOARD OF PARKING
WHEREAS: The Board of Parking is responsible for the operation
and maintenance of the City's parking ramps and surface lots, including
Residential Area Parking Plan (RAPP) lots; and
WHEREAS: The Board of Parking contracts with a number of private contractors
for the repair and maintenance of City parking ramps and surface lots; and
WHEREAS: It is not clear what policies and/or procedures the Board of
Parking follows in bidding projects, selecting contractors, and approving
expenditures from the various accounts administered by the Board of Parking;
NOW THEREFORE BE IT RESOLVED THAT:
This Common Council hereby requests the Board of Parking to provide a listing
of all maintenance and repair contracts for the City's ramps and surface lots,
including RAPP lots, approved by the Board of Parking over the last three (3)
years, identifying the contractor and the principals of the corporation, the
dollar values of each of the contracts, and a copy of the bids submitted for
each; and
BE IT FURTHER RESOLVED THAT:
That the Board of parking explain its policies and procedures regarding
the letting of maintenance and repair work on City ramps and surface lots; and
BE IT FINALLY RESOLVED THAT:
The Comptroller file with this Council the last two (2) audits conducted by his
office on the Board of Parking
ADOPTED.
No. 203
BY: MESSRS. COPPOLA AND ZUCHLEWSKI
REQUEST COMMENTS ON CITY ADOPTION OF NCAMP MODEL PESTICIDE ORDINANCE
WHEREAS: The establishment of the Pest Management Board (PMB) in
April of 1990 signalled the City's commitment to least-toxic pest control
strategies; and
WHEREAS: The PMB has functioned well to date, providing the City with high
quality analyses of pest problems while proposing constructive solutions to
those problems; and
WHEREAS: The Board remains an advisory body with its influence limited by
the willingness of departments to supply information and heed its advice; and
WHEREAS: In order to enact a truly effective least toxic policy, a more
rigorous process for pest control decisions must be established; and
WHEREAS: The National Coalition Against the Misuse of Pesticides (NCAMP) has
produced a draft model city ordinance which includes: a permit process for the
application of pesticides to public lands which requires a thorough examination
of the potential impacts of the pesticide use; the licensing of commercial
applicators; the formation of a registry for people who wish to be informed in
advance of pesticide applications in their neighborhood; thorough posting
requirements for commercial applications; and exemptions from the process for
emergencies and special situations; and
WHEREAS: The Supreme Court has unanimously affirmed the right of local
jurisdictions to regulate pesticide use within the framework of the Federal
Insecticide, Fungicide and Rodenticide Act ; and
WHEREAS: It is possible that the City could beneficially enact an adapted
version of the model ordinance with the City Clerk administering the ordinance
under technical advice from the Pest Management Board; and
WHEREAS: License and permit fees could be used to fund the personnel costs
of enforcing the ordinance;
NOW, THEREFORE BE IT RESOLVED THAT:
Prior to requesting the Law Department to adapt the draft NCAMP ordinance, this
Council directs the City Clerk to send copies of this resolution along with the
NCAMP ordinance to the Pest Management Board, the Environmental Management
Commission, the NYSDEC, the NYS Attorney General's office, the Departments of
Parks, Public Works, Community Development, and Inspections and Community
Revitalization, the President of the School Board, the Executive Director of
the BMHA, the General Manager of the Buffalo Sewer Authority and the Mayor for
comments; and
BE IT FURTHER RESOLVED THAT:
This Council requests the City Clerk to provide his own comments on the model
ordinance as well.
ADOPTED.
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 204
BY: MR. FAHEY
ALLOW SUICIDE PREVENTION-CRISIS SERVICES, INC. TO RETAIN UNSPENT
1991-92 GRANT-IN-AID FUNDS
WHEREAS: Suicide Prevention-Crisis Services, Inc. of 2969 Main
Street will accumulate an unspent but budgeted balance in its 1991-92
Grant-In-Aid funds; and
WHEREAS: These funds are necessary to continue to provide services- and
WHEREAS: Paragraph Five of the Grant-in-Aid contract allows the Common
Council to authorize the retention of such funds.
NOW, THEREFORE BE IT RESOLVED
That this Common Council hereby authorizes Suicide Prevention-Crisis Services,
Inc. to retain the unspent balance of its 1991-1992 Grant-In-Aid funding
according to the provisions of Paragraph Five of the contract.
PASSED.
AYES- 12 NOES- 0.
No. 205
BY: MR. FAHEY
56 W. CHIPPEWA ST. - REQUESTS PERMISSION TO INSTALL A TEMPORARY
SIDEWALK CAFE IN THE CITY RIGHT OF WAY
WHEREAS: The proprietor of the Calumet Arts Cafe, located at 56
West Chippewa Street is requesting permission to install a temporary sidewalk
cafe in front of his business. The cafe will consist of six 3 foot round
tables and twenty chairs; and
WHEREAS: This sidewalk cafe will encroach upon the City Right of Way; and
WHEREAS: The hours of the cafe will be from 8:00 AM to 8:00 PM through the
summer months;
NOW, THEREFORE BE IT RESOLVED THAT:
The Common Council approves the establishment of a sidewalk cafe at 56 West
Chippewa Street, subject to conditions established by the City Department of
Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 206
BY: MR. FAHEY
ADDITIONAL APPOINTMENT TO THE
LEAD ACTION TASK FORCE
WHEREAS: The efforts of the Joint City-County Lead Action Task
Force will be integrally linked to the Buffalo School Board because the City's
Lead Abatement Ordinance is triggered by a positive-lead test as performed on
young students; and
WHEREAS: For that reason it would be beneficial to have a School Board
member on the Task Force; and
WHEREAS: A vacancy will be opening up with the resignation of one of the
Task Force members; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council accepts the resignation of Barbara Longacre, a recent
appointee who has determined that she is unable to serve on the Lead Action
Task Force;
BE IT FURTHER RESOLVED THAT:
This Common Council hereby appoints Buffalo School Board member Florence
Johnson to the Lead Action Task Force.
ADOPTED.
No. 207
BY MESSRS. FAHEY AND FRANCZYK
SET PUBLIC HEARING
COMMUNITY WIDE URBAN RENEWAL PROJECT ST. PATRICK'S NEW HOUSING 681, 701-703 AND
709-713 SOUTH DIVISION KULBACK'S CONSTRUCTION, INC.
WHEREAS, Kulback's Construction, Inc. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of four (4) residential units of new
housing known as the St. Patrick's New Housing in the Community Wide Urban
Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
10th day of July 1992.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 21st day of July 1992.
ADOPTED.
No. 208
BY: MR. HIGGINS
RENEW LEASE
Item No. 92, C.C.P., Jan. 12, 1982
That the Mayor be, and he hereby is, authorized to execute agreement
with Tifft Farm, Inc. extending present agreement for an additional five-year
term.
PASSED.
AYES- 12 NOES- 0.
No. 209
BY: MR. HIGGINS
AUTHORIZE IMMEDIATE SHORT TERM LEASE AGREEMENT (attached) WITH
COUNTY OF ERIE FOR OPERATION OF BENNETT BEACH AND MEMORIALIZE NEW YORK STATE
LEGISLATURE TO AUTHORIZE CITY OF BUFFALO TO TRANSFER PARKLAND KNOWN AS BENNETT
BEACH TO COUNTY OF ERIE
WHEREAS: The City of Buffalo acquired Bennett Beach Park, a 51
acre park on the south shore of Lake Erie in the Town of Evans, in November of
1923 for use as a public recreation facility; and
WHEREAS: From 1983 to 1989 the City of Buffalo leased Bennett Beach to the
County of Erie to operate as a public park for all residents of the county, an
operation which the County successfully executed for that duration; and
WHEREAS: In 1989, the City of Buffalo revoked the lease agreement with the
County and assumed control of the operation of the beach, yet has not opened
Bennett Beach Park to the public for most of the time since it resumed control
of the facility; and
WHEREAS: To assume control and not utilize Bennett Beach to its fullest
capabilities is not only a waste of a precious public asset, but also a
dereliction of responsibility on the part of the city administration; and
WHEREAS: It is imperative to finally resolve the Bennett Beach situation and
open this facility this year for the benefit of all Erie County residents; and
WHEREAS: To resolve this nearly four year ordeal, the city must memorialize
the New York State Legislature to authorize the transfer of Bennett Beach from
the City of Buffalo to the County of Erie for exclusive use as a public beach;
WHEREAS: The Common Council should authorize the execution of the attached
short term lease agreement between the City of Buffalo and the County of Erie
for immediate county operation of Bennett Beach, said lease agreement to be in
effect until such time as the New York State Legislature grants authorization
for the transfer of the parkland from the city to the county;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council memorialize the New York State Legislature to authorize
the transfer of Bennett Beach Park from the City of Buffalo to the County of
Erie; and
BE IT FURTHER RESOLVED:
That the Common Council authorize, and hereby direct, the Mayor of the City of
Buffalo to immediately execute the attached short term lease agreement with the
County of Erie for the operation of Bennett Beach Park, pending authorization
from New York State for its transfer to the County, said lease agreement to be
in effect until such time as the New York State Legislature grants
authorization for the transfer of the parkland from the city to the county; and
BE IT FURTHER RESOLVED:
That all rights, title, and interest to the premises, including improvements,
revert to the City of Buffalo in -the event that the County of Erie ceases to
operate and maintain Bennett Beach Park as a public beach; and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the Clerk of the NYS Assembly, the Secretary to the NYS Senate and the
Western New York delegation of the NYS Legislature.
RECEIVED AND FILED.
No. 210
BY: MR. HIGGINS
AUTHORIZE LEASE BETWEEN SOUTH BUFFALO FOOD PANTRY AND CITY OF
BUFFALO
WHEREAS: The former School # 29 now has a room available for use
as a result of the previous occupants decision not to renew
NOW THEREFORE BE IT RESOLVED:
That the Comptroller be authorized to negotiate and the Mayor execute a lease
agreement between the City and South Buffalo Food Pantry for the use of room #
24 (previously occupied by the Department of Streets) in former School # 29
located at 2219 South Park Avenue for the period from July 1, 1992 through June
30, 1993 at the yearly rental of one dollar ($1.00) with the city responsible
for all utility costs and the Lessee to provide insurance holding the city
harmless.
PASSED.
AYES- 12 NOES- 0.
No. 211
BY: MR. HIGGINS
TRANSFER OF BENNETT BEACH TO ERIE COUNTY
NOW, THEREFORE BE IT RESOLVED:
That this Common Council authorize the Mayor to sign the attached Quit Claim
Deed transferring ownership of Bennett Beach to the County of Erie to operate
and maintain said facility as a public beach. If the County of Erie ceases to
operate said facility as a public beach, then all rights, title and interest to
said facility, including public improvements, shall revert back to the City of
Buffalo.
PASSED.
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9.
NOES- ARTHUR, FRANCZYK, PITTS- 3.
No. 212
BY: MRS. LOTEMPIO AND MR. FRANCZYK
MEMORIALIZE THE STATE OF NEW YORK TO ALLOT CITY OF BUFFALO ALL
FUNDS COLLECTED THROUGH FEES AND FINES LEVIED IN CITY HOUSING COURT
WHEREAS: Many neighborhoods throughout the City of Buffalo have
been ravaged by slumlords, a decaying housing stock and a City Inspections
Department that lacks the resources to field an effective work force to combat
the crisis; and
WHEREAS: The City Inspections 'Department's shortage of manpower is most
evident among its building inspectors. Budgetary cuts and attrition have
reduced building inspector positions from 64 inspectors employed in the late
1970's down to 32 employed today for an average of 1.9 inspectors per 10,000
residential housing units in the city; and
WHEREAS: The lack of sufficient manpower has reduced the inspection process
into a primarily reactive response operation. Statistics show that 97% of all
inspections performed in the City of Buffalo are a result of a filed complaint;
and
WHEREAS: Not having the resources to target areas of neighborhood distress
greatly reduces the effectiveness of the department and only produces sporadic
compliance. Dilapidated, vacant property could remain out of compliance for
years if no one complains about them; and
WHEREAS: An influx of new revenue sources, such as funds generated through
fines and fees paid to City Court by persons found guilty of housing
violations, directed to the City Inspections Department would assist the City
in hiring new inspectors and the purchasing of new equipment; and
WHEREAS: Having these funds directed to the City Inspections Department from
the Municipal Court will help employ new inspectors and promote a self
sustaining operation for an enhanced inspections operation which could utilize
a strategy of preventing major housing problems instead of treating them
because of complaints ]d from their deteriorated condition.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council memorializes the State of New York to allow all revenue
collected through the fees and fines paid to City Court by persons found guilty
of housing code and ordinance violations to be allotted to the Inspections
Department; and
BE IT FURTHER RESOLVED THAT:
The City Comptroller develop and identify a process to account for and funnel
revenues from the City Court to the Department of Inspection and Community
Revitalization for the purpose of hiring new inspectors and for the purchasing
of equipment to improve the City inspections process; and
BE IT FINALLY RESOLVED THAT:
The City Clerk be directed to forward certified copies of this resolution to
the Clerk of the Assembly, The Secretary of the Senate and members of the
Western New York Delegation to the State Legislature
ADOPTED.
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 213
BY: MRS. LOTEMPIO
UNPAID PILOT PAYMENTS
WHEREAS: The City of Buffalo has used Payment in Lieu of Tax (PILOT)
agreements to encourage growth in the business community; and
WHEREAS: These PILOT agreements are in many cases not being adhered to; and
WHEREAS: A recent communication from the Department of Assessment has listed
$838,974.82 in overdue payments; and
WHEREAS: The City of Buffalo budget problems will not allow for delinquent
accounts of this magnitude;
NOW, THEREFORE BE IT RESOLVED:
That the E.C.l.D.A. file with this Council the details of all active City of
Buffalo PILOT payment agreements in time for its next stated meeting of July
21, 1992; and
BE IT FURTHER RESOLVED:
That the City Comptroller, the City Assessor and the E.C.I.D.A. report on the
responsibility of collection of these PILOT payments.
ADOPTED.
No. 214
BY: MR. PITTS
SET HEARING AMENDMENT TO THE COMMUNITY-WIDE URBAN RENEWAL HOMESTEAD
PROGRAM
WHEREAS, the Community-Wide Urban Renewal Homestead Program, approved
September 18, 1984, C.C.P. No. 279 and subsequently amended, has a twenty-year
duration; and
WHEREAS, under Section E or said Plan, additional supplements for housing
projects are permitted; and
WHEREAS, this Plan has been amended in the past to reflect changes in
housing programs and the availability of disposition parcels; and
WHEREAS, the following parcels have been identified by the Department of
Inspect ions and Community Revitalization as sites for new housing development:
338 Katherine Street
238-240 Whitney Place
WHEREAS, the City Planning Board, after the required public hearing on
June 30, 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 9th day of July, 1992.
2. That this Common Council will conduct a public hearing on the matters
stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on
Tuesday, July 21, 1992.
ADOPTED.
No. 215
BY: MR. PITTS
AMEND SHEA'S LEASE -
PERMIT TICKET SERVICE CHARGE
WHEREAS: The Shea's O'Connell Theatre, located at 642-648 Main
St., is a nationally known center for the performing arts and a mainstay of
Buffalo's Theatre District; and
WHEREAS: There has been much discussion about establishing a ticket service
charge for events held at the Theatre in order to create a fund that would be
used to restore and rehabilitate this historic structure; and
WHEREAS: Such a fund would help generate funds needed to rejuvenate the Theatre
without putting an additional burden on property taxpayers;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council approve the attached amendment to the lease between
the City of Buffalo and the Shea's O'Connell Preservation Guild, Ltd.
permitting the establishment of a ticket service charge of up to $1.00 per
ticket for all events at the Shea's O'Connell, the proceeds of which will be
used for building restoration.
PASSED.
AYES- 12 NOES- 0.
No. 216
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
70 -DEPARTMENT OF STREET SANITATION
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 70-0 - Department of Street Sanitation under the
subheading "011 - Collection of Refuse & Street Cleaning" which reads:
36 Sanitation Worker
$
20,135
- 22,463
55 Laborer II Daily 75.57 - 86.18
40 Laborer II Hourly 9.02 - 10.26
is hereby amended to read:
35 Sanitation Worker $20,135 - 22,463
54 Laborer II Daily 75.57 - 86.18
42 Laborer II Hourly 9.02 - 10.26
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, BART SUMBRUM, Commissioner of Street Sanitation and THOMAS F. KEENAN,
Director of the Budget, hereby certify that the deletion of one (1) Sanitation
Worker position and one (1) Laborer II (Daily) position and the creation of two
(2) Laborer II (Hourly) positions is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties for such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the positions title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
Bart Sumbrum
Commissioner of Street Sanitation
Thomas F. Keenan
Director of the Budget
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 217
BY: MR. PITTS
ORDINANCE AMENDMENT SECTION 9 OF CHAPTER 35
SALARY AND WAGE SCHEDULE "C" 1990-91-AND 1991-92
The common council of the city of Buffalo do ordain as follows:
That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances
of the City of Buffalo, relating to Schedule "C" is hereby amended to read as
follows on the attached schedule:
SALARY AND WAGE SCHEDULE "C'
EFFECTIVE JULY 1,1990
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
1 23,636 25,713 27,793 29,872 31,955
2 33,123
3 34,260
4 34,644
5 37,000
6 39,610
7 42,390
8 46,648
SALARY AND WAGE SCHEDULE "C"
EFFECTIVE JANUARY 1,1991
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
1 24,582 26,741 28,905 31,067 33,233
2 34,448
3 35,630
4 36,030
5 38,480
6 41,195
7 44,086
8 48,514
SALARY AND WAGE SCHEDULE "C"
EFFECTIVE JULY 1,1991
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
1 25,555 27,811 30,061 32,309 34,553
2 35,826
3 37,055
4 37,471
5 40,019
6 42,843
7 45,849
8 50,455
These figures are gross salaries which include payments at time and one-half
for the twelve paid holidays throughout the year.
These schedules are applicable to uniformed members of the Police Department -
Local P.B.A.
This schedule shall take effect as per the respective dates on the attached
schedule.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 218
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
20 - DEPARTMENT OF POLICE
The Common Council of the City of Buffalo do ordain as follows:
That Section l of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 20-0 Department of Police, under the various subheadings relating
to positions listed below is hereby amended as follows:
(NOTE: Old salaries are in brackets)
20 - DEPARTMENT OF POLICE
1 - OFFICE OF THE POLICE COMMISSIONER
001 - ADMINISTRATIVE
1 - Commissioner of Police ( 64,655) - 72,728
FOR THE TITLE OF COMMISSIONER OF POLICE INTERMEDIATE SALARIES SHALL BE IN
EFFECT AS FOLLOWS:
EFFECTIVE RETROACTIVE TO JULY 1,1990 67,241
EFFECTIVE RETROACTIVE TO JANUARY 1,1991 69,931
EFFECTIVE RETROACTIVE TO JULY 1,1991 72,728
11 - Detective (31,849) 35,826
1 POLICE OFFICER ( 22,727 - 30,726) 25,565 - 34,563
002 - OFFICE OF PROFESSIONAL STANDARDS
1 POLICE INSPECTOR (44,654) 50,455
2 POLICE LIEUTENANT (35,577) 40,019
2 POLICE OFFICER ( 22,727-30,726) 25,565 -34,563
003 -OFFICE OF PUBLIC AFFAIRS
1 POLICE LIEUTENANT (35,577) 40,019
1 DETECTIVE (31,849) 35,626
10 POLICE OFFICER ( 22,727-30,726) 25,565 -34,563
2 - BUREAU OF SPECIAL SERVICES
001 - ADMINISTRATION & INTELLIGENCE
1 DEPUTY COMMISSIONER OF POLICE( 56,459) 63,509
FOR THE TITLE OF DEPUTY COMMISSIONER OF POLICE INTERMEDIATE SALARIES SHALL BE
IN EFFECT AS FOLLOWS:
EFFECTIVE RETROACTIVE TO JULY 1, 1990 58,717
EFFECTIVE RETROACTIVE TO JANUARY 1,1991 61,066
EFFECTIVE RETROACTIVE TO JULY 1,1991 63,509
1 POLICE LIEUTENANT ( 35,577) 40,019
1 DETECTIVE SERGEANT ( 33,312) 37,471
5 DETECTIVE (31,849) 35,626
002 - TACTICAL DIVISION
2 POLICE CAPTAIN (40,760) 45,849
11 POLICE LIEUTENANT (35,577) 40,019
2 DETECTIVE (31,849) 35,826
80 POLICE OFFICER ( 22,727-30,726) 25,565 -34,563
003 - INVESTIGATIONS DIVISION
1 CHIEF OF DETECTIVES (44,854) 50,455
1 CHIEF OF HOMICIDE (40,760) 45,849
3 POLICE CAPTAIN (40,760) 45,849
1 POLYGRAPH EXAMINER (35,577) 40,019
12 POLICE LIEUTENANT (35,577) 40,019
17 DETECTIVE SERGEANT (33,312) 37,471
3 POLICE PHOTOGRAPHER (32,942) 37,055
136 DETECTIVE (31,849) 35,826
5 POLICE OFFICER ( 22,727-30,726) 25,565 -34,563
3 - BUREAU OF FIELD SERVICES
001 - ADMINISTRATION & ANALYSIS
DEPUTY COMMISSIONER OF POLICE -(56,459) 63,509
FOR THE TITLE OF DEPUTY COMMISSIONER OF POLICE INTERMEDIATE SALARIES SHALL BE
IN EFFECT AS FOLLOWS
EFFECTIVE RETROACTIVE TO JULY 1,1990 58,717
EFFECTIVE RETROACTIVE TO JANUARY 1,1991 61,066
EFFECTIVE RETROACTIVE TO JULY 1,1991 65,509
002 - PATROL SERVICES
4 POLICE INSPECTOR (44,854) 50,455
16 POLICE CAPTAIN- (40,760) 45,849
67 POLICE LIEUTENANT (35,577) 40,019
523 POLICE OFFICER ( 22,727- 30,726) 25,565 - 34,563
4 - BUREAU OF ADMINISTRATIVE SERVICES
001 - ADMINISTRATIVE
DEPUTY COMMISSIONER OF POLICE ( 56,459) 63,509
FOR THE TITLE OF DEPUTY COMMISSIONER OF POLICE INTERMEDIATE SALARIES SHALL BE
IN EFFECT AS FOLLOWS:
EFFECTIVE RETROACTIVE TO JULY 1,1990 58,717
EFFECTIVE RETROACTIVE TO JANUARY 1, 1991 61,066
EFFECTIVE RETROACTIVE TO JULY 1, 1991 65,509
CHIEF, BUREAU OF ADMIN. SERVICES ( 38,087) 42,843
2 POLICE OFFICER ( 22,727 - 30,726) 25,565 - 34,563
002 - MANAGEMENT SERVICES
1 POLICE INSPECTOR (44,854) 50,455
2 POLICE CAPTAIN (40,760) 45,849
1 DIRECTOR OF POLICE TRAINING (38,087)42,843
3 POLICE OFFICER ( 22,727- 30,726) 25,565 - 34,563
003 -BUILDING & FLEET MAINTENANCE
1 POLICE LIEUTENANT ( 35,577) 40,019
004 - COMMUNICATION & RECORDS
5 POLICE LIEUTENANT (35,577) 40,019
17 ASSISTANT POLICE DISPATCHER (32,942)37,055
19 POLICE OFFICER ( 22,727- 30,726) 25,565 - 34,563
This ordinance shall be effective retroactive to July 1, 1992.
IT IS HEREBY CERTIFIED, pursuant to Section 34 Of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JAMES D. GRIFFIN, Mayor and RALPH V. DEGENHART, Commissioner of
Police each recommends, with respect to the positions set forth in the
foregoing ordinance to which he has the power of appointment, and the Director
of the Budget recommends that the compensation for said positions be raised and
fixed at the respective amounts set forth in the foregoing ordinance.
James D. Griffin
Mayor
Ralph V. Degenhart
Commissioner of Police
Thomas F. Keenan
Director of the Budget
WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, pursuant to
Section 454 of the Charter of the City of Buffalo, hereby certify that
considering the determination of the public arbitration panel and contingent
upon prior or concurrent action to provide and authorize funding thereof, the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
James D. Griffin, Mayor
Joel A. Giambra, Comptroller
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
Mr. Fahey moved to approve the Salary Ordinance Amendment-Department of Police
except for the following listed positions below which are referred to the
Committee on Civil Service.
1-Office Of the Commissioner
001-Administrative
1 Commissioner of Police
2-Bureau of Special Services 001-Administration & Intelligence
1 Deputy Commissioner of Police
003-Investigations Division
136 Detectives
3-Bureau of Field Services
001-Administration & Analysis
1 Deputy Commissioner of Police
002-Patrol Services
523 Police Officers
4-Bureau of Administrative Services 001 -Administrative
1 Deputy Commissioner of Police
PASSED.
AYES- 12 NOES- 0.
No. 219
BY: MR. PITTS
OPPOSING USE OF PARK LAND FOR PROPOSED
TRUCK INSPECTION PROJECT BY
THE PEACE BRIDGE AUTHORITY
WHEREAS: During the past several years a local Developer has pro
posed the development of a Truck Inspection Station on land he privately owns
which would relieve the traffic congestion on the Thruway and Peace Bridge.
This proposal was supported by the City of Buffalo, and
WHEREAS: Due to delays by the Peace Bridge Authority and certain
requirements by the General Services Administration, the local Developer's
proposal seems less viable, and
WHEREAS: The Peace Bridge Authority has been considering an alternative to
the local Developers proposal. Its present plan would require the taking of
substantial parkland at Front and LaSalle Parks, and
WHEREAS: Both Front and LaSalle Park are well used and provide recreational
and special events for the City and region. Each also provides important
public access to the Waterfront, and
WHEREAS: These two parks must be preserved and protected from the
devastation that the placement of tractor-trailer truck access would leave, if
the Peace Bridge Authority's proposal were accepted.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council opposes the use of any
Parkland at LaSalle and Front Parks for the development of the Peace Bridge
Authority's plans for relieving traffic congestion at the Peace Bridge.
ADOPTED.
No. 220
BY: MR. PITTS
BANNER PLACEMENT- FIRST ANNUAL BUFFALO-GREAT LAKES BLUES FESTIVAL
WHEREAS: The First Annual Buffalo/Great Lakes Blues Festival will
be held in Buffalo on Saturday, July 18, 1992 from 12:00 noon to 10:00 p.m. at
East Mohawk Street between Washington and Ellicott Streets, and
WHEREAS: This Festival is designed to benefit Child and Family - Services of
Buffalo. Sponsors of the event include, Great Lakes Motors, WBFO Radio,
Labatt's U.S.A., Mohawk Place, Darrt Amusements and Squire Studios, and
WHEREAS: The sponsors of the event would like to erect two banners
announcing the event at East Mohawk and Washington and at East Mohawk and
Ellicott Streets.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the erection of
two banners announcing the First Annual Buffalo/Great Lakes Blues Festival
subject to conditions established by the Department of Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 221
BY: MR. PITTS
SIDEWALK CAFE AT 189 DELAWARE AVENUE
WHEREAS: The proprietor of King's Court Restaurant located at 189 Delaware
Avenue would like to place a sidewalk cafe in front of his business. The cafe
will consist of five 3 foot round tables and twenty chairs, and
WHEREAS: The hours of the cafe will be from 11:30 a.m. to midnight through
the summer, and
WHEREAS: The cafe will be roped off with stanchions and flower pots. A
survey of the premises at 189 Delaware Avenue is attached.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council approves the
establishment of a sidewalk cafe at 1289 Delaware Avenue, subject to conditions
established by the City Department of Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 222
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:
Lawrence T. Ramunno
Erin Sargent
Maria L. Sotero
Linda S. Smith
TOTAL: 4
ADOPTED.
No. 223
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:
Leora Davidson
Thomas V. Potts
TOTAL: 2
ADOPTED.
No. 224
BY: MR. ZUCHLEWSKI
TAX FORGIVENESS FOR 1041 and 1047 GRANT STREET
WHEREAS: Petitioner St. John the Baptist Ruthenian Greek Catholic
church Society is the owner of record of two certain parcels of real property
commonly known as 1041 Grant Street and 1047 Grant Street, and
WHEREAS: said parcels are due to be sold for nonpayment of real property
taxes assessed by the city of Buffalo for fiscal years 1988-89, 1989-90 and
1990-1991, pursuant to a judgement in the In Rem Action No. 25, Serial Nos. 687
(1041 Grant Street and 688 (1047 Grant Street), and
WHEREAS: the said real property commonly known as 1041 Grant Street (Serial
No. 687) is and, at all times relevant hereto, was a vacant lot used
exclusively for charitable purposes by Petitioner's tenant, Native American
community Services of Erie & Niagara County, Inc., to wit, an outdoor
recreation area for children participating in agency government-funded,
charitable youth programs, and
WHEREAS: the said real property commonly known as 1047 Grant Street is
improved by a four-unit commercial building, of which during the three years
for which forgiveness is sought three out of the building's four units,
comprising 75% of the building's usable floor space, was used solely as office
space by two IRC section 501 (c) (3)-recognized organizations, to wit, Native
American community Services of Erie & Niagara county, Inc., in furtherance of
said tenants' charitable and exempt purposes, and
NOW, THEREFORE, BE IT RESOLVED: that in lieu of the exempt purposes of the
said parcels' owners and occupants during fiscal years 1988-89, 1989-1990 and
1990-1991, all real property taxes and assessments, with penalties and
interest, imposed by the City of Buffalo on 1041 Grant Street (Serial No. 687),
and 75% of all real property taxes, assessments, penalties and interest imposed
by the City of Buffalo on 1047 Grant Street (Serial No. 688) for fiscal years
1988-89, 1989-1990 and 1990-1991 are hereby canceled, forgiven and vacated, and
the city of Buffalo Department of Assessment is directed to take all steps
consistent herewith, and
RESOLVED: that the Clerk of the city of Buffalo sent certified copies of this
resolution to the City of Buffalo Department of Assessment.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 225
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
CLAIMS Tuesday, July 14, 1992 9:00 AM
CIVIL SERVICE Tuesday, JULY 14, 1992 9:30 AM
FINANCE Tuesday, JULY 14, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, JULY 14, 1992 2:00 PM
ECONOMIC DEV Wednesday, JULY 15, 1992, 10:00 AM
No. 226
ADJOURNMENT
On motion by Mr. Fahey , Seconded by Mrs. LoTempio, the Council
adjourned at 5:10 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.