HomeMy WebLinkAbout92-0929
No. 18
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, September 29, 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, September 29, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and
Zuchlewski - 12.
ABSENT - Collins- 1.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on September 1, 1992, and the Special Sessions held September 18,
1992 and September 24, 1992, were approved
FROM THE MAYOR
No. 1
Reappointment of member
of Buffalo Municipal Housing Authority
Pursuant to the powers vested in me by Subdivision 2, Section
30 of the Public Housing Law, I hereby reappoint James M. Krasowski, residing
at 264 Rivermist Drive, Buffalo - 14202, as a member of the Buffalo Municipal
Housing Authority for a term expiring October 19, 1997.
James M. Krasowski, a native of Buffalo, is President and General Manager
of Transportation Marketing Services International Inc. (TMSI). He served in
the U.S. Army from July 1951 to April 1953, including one year of - service in
Korea.
James M. Krasowski is a member of many professional, service and
religious organizations:
- Transportation Club of Buffalo
- American Legion
- Transportation Brokers of America
- Buffalo Launch Club
- St. Paul's Episcopal Cathedral
- Ismailia Temple A.A.O.N.M.S.
- City Planning Board
I hereby certify that James M. Krasowski is fully qualified for
reappointment as a member of the Buffalo Municipal Housing Authority.
RECEIVED AND FILED.
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 2
M. Uzlyan 1781-1791 Hertel Ave.
Item No. 135, C.C.P., September 1, 1992
The City Planning Board at its regular meeting held Tuesday, September
22, 1992, considered the above application pursuant to Section 511-59 of the
Buffalo Code, Hertel Avenue District.
The applicant seeks to alter an existing store for use as a take-out
restaurant.
The site is located in a "C1" zoning district permitting such use.
Your Honorable Body at your meeting of September 15, 1992, Item No. 121,
voted to approve this item.
The Planning Board subsequently voted to receive and file this item.
RECEIVED AND FILED.
No. 3
LaFarge Corp., 575 Ohio St.
Item No. 69, C.C.P., September 15, 1992
The City Planning Board at its regular meeting held Tuesday, September
22, 1992, considered the above application pursuant to Section 511-67 of the
Buffalo Code, Buffalo Coastal Special Review District.
The applicant seeks to erect a one-story (60 foot by 147 foot) masonry
storage building.
The site is located in a "M2" zoning district which permits such a
building.
Under S.E.Q.R., this item is considered an unlisted action requiring
uncoordinated review.
The Planning Board voted to approve this item.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 4
Reports of Bids
Surface Parking Lots
The current three (3) year leases for the below referenced parking
lots expire October 31, 1992. The Board of Parking advertised for new three
year leases on September 8, 1992. The public bid opening was held in 1801 City
Hall on September 22, 1992 and the following are the results:
SKYWAY THRUWAY LOOP (former annual rental $222,222.24)
Operator Bid
Sentry Parking Inc. $301,512
50 Exchange Street
Buffalo, NY 14203
Multiple Parking Services Inc. $271,464
107 Delaware Avenue
Buffalo, NY 14202
PARCEL NO. 29 and THRUWAY LOT No. 5
(former annual rental $56,043.18 and $25,178.82)
Operator Bid
Multiple Parking Services, Inc. Parcel No. 29 $ 71,252
107 Delaware Avenue Thruway No. 5 $ 70,000
Buffalo, NY 14202 $141,252
Sentry Parking Inc.
50 Exchange Street Parcel No. 29 $ 51,420
Buffalo, NY 14203 Thruway No. 5 $ 62,820
$114,240
At its regular monthly meeting of September 23, 1992, the Board of
Parking voted to accept the bids of Sentry Parking Inc. in the amount of
$301,512 for Skyway - Thruway Loop and Multiple Parking Services Inc. in the
amount of $71,252 for Parcel No. 29 and $70,000 for Thruway Lot No. 5 and to
recommend approval to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 5
Information on promotion and Marketing
of Memorial Auditorium
Item No. 217, C.C.P. July 21, 1992
in response to C.C.P. # 217, dated July 21, 1992, let me state
that the Board of Stadium and Auditorium does not employ a strategy for
promoting and marketing the facility per se, we have neither the staff nor the
budgetary allowance that would be needed for such an undertaking.
Memorial Auditorium is referred to in the sports and entertainment
business as a "no risk" facility. We are the type of facility that lets
private promoters or presenters book a date or dates in the facility, advertise
the incoming event or act, sell the tickets, and hopefully generate a profit
for their efforts and financial risk.
The Auditorium in turn receives a guaranteed rent, enough to cover our
expenses plus a percent of the admission receipts, the dollar amount depending
on the success of the event. Basically, we let private enterprise take the
risks.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 6
Balance Sheets for the Quarter Period
ending September 30, 1991
I transmit herewith balance sheets showing the condition of all
funds and accounts for the quarter period July l, 1991 and ending September 30,
1991.
RECEIVED AND FILED.
No. 7
Balance Sheets for the Quarter Period
ending December 31, 1991
I transmit herewith balance sheets showing the condition of all
funds and accounts for the quarter period October 1, 1991 and ending December
31, 1991.
RECEIVED AND FILED.
No. 8
Balance Sheets for the Quarter Period
ending March 31, 1992
I transmit herewith balance sheets showing the condition of all
funds and accounts for the quarter period January 1, 1992 and ending March 31,
1992.
RECEIVED AND FILED.
No. 9
Balance Sheets for the Months
Ending April and May, 1992
I transmit herewith balance sheets showing the condition of all
funds and accounts for the months ending April 30 band May 31, 1992.
RECEIVED AND FILED.
No. 10
Certificate of Necessity
Transfer of Funds Appropriation Allotments Exempt Items Capital Projects Fund
Division of Buildings
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $5,000 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items , as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, September 23, 1992
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Transfer of Funds Appropriation Allotments
Exempt Items - Water Capital Projects Fund
Enterprise Fund - Water
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $94,800 be transferred and reappropriated from the Reserve for
Capital Improvement in Appropriation Allotments -Exempt Items - Water, as set
forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
DATED: BUFFALO, NEW YORK, September 23, 1992
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Increased Appropriation Appropriation Allotments
Reserved Fund Balance Division of Engineering
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $8,000 in the estimates for the fiscal year beginning July 1, 1992
is necessary in Appropriation Allotments -Division of Engineering to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-050 -
Fund Balance Reserve for Capital Budget Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:.
Dated: Buffalo, New York, September 28, 1992
RECEIVED AND FILED.
No. 13
Permission to Negotiate
129 East Ferry, S E Corner of Masten
Assessed Valuation Land: $2,500.
The Office of the Comptroller, Division of Real Estate, has received
a request from Pastor Otis C. Tillman of Gospel Expansion Foundation, 461
Masten Avenue, P.O. Box 2, Buffalo, New York 14209 to purchase the above
captioned property.
Pastor Tillman intends to have a structure erected which will serve as a
food pantry and a community recreation center. He has provided this office
with his plans for construction and financial ability to so do.
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 September 23, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Pastor Otis C. Tillman of Gospel Expansion Foundation, 461 Masten Avenue, P.O.
Box 2, Buffalo, New York 14209 for the private sale of 129 East Ferry and
report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 14
Results of Negotiations
18 Cambridge, W 180' N Ferry
Vacant Land: 30' x 118'
Assessed Valuation: $900.
Item # 18, C.C.P. 7/21/92
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. Phelix Harris of 31 Meech Avenue, Buffalo, New York 14208 for the
above captioned property.
Mr. Harris owns the property at 16 Cambridge and would like to purchase
the subject property in order to expand his yard area and to fence in.
An independent appraisal of the property was conducted by James H. White,
Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has submitted an
appraisal indicating a fair market value to $750. The appraisal report did not
show the comparable sales used to arrive at the fair market value. The
appraised value indicates about $.21 per square foot.
The Division of Real Estate has reviewed the recent sales of similar
properties in the area. Sales of similar lots have sold for between $900 and
$1,500.
The results of our negotiations are that Mr. Phelix Harris has agreed and
is prepared to pay $900 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.
Therefore, I am recommending that Your Honorable Body authorize the sale
of 18 Cambridge to Mr. Phelix Harris in the amount of $900. I am also
recommending that Your Honorable Body authorize the Mayor to sign the necessary
documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated September 23, 1992, be
received and filed; and
That the offer of Mr. Phelix Harris, residing at 31 Meech Avenue,
Buffalo, New York in the sum of $900.00 (Nine Hundred Dollars) to purchase the
property described as 18 Cambridge be and hereby is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees, and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed, and the Comptroller be
authorized to deliver the same, in accordance with the terms of sale upon which
the bid was submitted.
PASSED.
AYES- 11 NOES- 0.
No. 15
Results of Negotiations
332 North Legion Drive
NE E Corner Melrose
Vacant Lot: 45.84' x 130' E
Assessed Valuation: $3,900
Item # 19, C.C.P. 7/7/92
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. Lawrence Coyle, Jr. of 89 Meriden Street, Buffalo, New York to
purchase the above captioned property. Mr. Coyle is purchasing this property
in order to construct a two-family duplex home.
An independent appraisal of the property was conducted by John D. Bonner,
Appraiser, G.A.R. Associates, One Towne Center, Amherst, New York. He has
estimated the fair market value of the subject property to be Forty-Eight
Hundred Dollars ($4,800). The Division of Real Estate concurs with the
appraisers estimate of value.
The results of our negotiations are that Mr. Coyle has agreed and is
prepared to pay Forty-Eight Hundred Dollars ($4,800) for the subject property.
He has also agreed to pay for the cost of appraisal, transfer tax, recording
fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
332 North Legion Drive to Mr. Lawrence Coyle, Jr. in the amount of Forty-Eight
Hundred Dollars ($4,800). I am further recommending that Your Honorable Body
authorize the Mayor to sign the necessary documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated September 24, 1992, be
received and filed; and
That the offer of Mr. Lawrence Coyle, Jr., residing at 89 Meriden Street,
Buffalo, New York in the sum of $4,800.00 (Four Thousand and Eight Hundred
Dollars) to purchase the property described as 332 North Legion be and hereby
is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees, and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed, and the Comptroller be
authorized to deliver the same, in accordance with the terms of sale upon which
the bid was submitted.
PASSED.
AYES- 11 NOES- 0.
No. 16
Results of Negotiations
Acquisition 1839-51 South Park
Assessed Valuation:
Land: $ 33,400
Total: $162,200
At the request of Captain Edward Hempling of the Buffalo Police
Department, this Office through the Division of Real Estate has negotiated a
purchase price for the above property.
The subject property will be acquired for the consolidation of Precinct's
# 9 and # 15. The property consists of a 10,560 sq. ft. masonry building
situated on a parcel of land having a frontage of 170' and a depth of 175'.
The property is further improved with a fenced paved parking area 100' x 175'.
The property is owned by Sopark Corporation. The stockholders of the
Corporation consists of Mr. Clinton Wyckoff III, President, Kevin Wyckoff, Vice
President and Robert Stevenson, Treasurer. The former supermarket property was
purchased by the Sopark Corporation in 1983 for Seventy-Seven Thousand Five
Hundred Dollars ($77,500). Sopark converted and used the building for the
assembly of computer components. The Corporation moved to a larger facility 2
years ago and have been offering the property for sale at a sale price of
$200,000.
This office commissioned two appraisers to estimate the fair market value
of the property. Pirritano Appraisals, 745 Center Road, West Seneca, New York
submitted an estimate of One Hundred Seventy-Three Thousand Dollars ($173,000).
The second estimate was submitted by G.A.R. Associates One Towne Center,
Amherst, New York in the amount of One Hundred Eighty Thousand Dollars
($180,000).
The result of our negotiations with Mr. Clinton Wyckoff III, President of
Sopark Corporation are that the Corporation has agreed to sell the property for
One Hundred Eighty-One Thousand Five Hundred Dollars ($181,500).
Funds for the acquisition and renovation were appropriated in the
1992-1993 Capital Improvements Budget in the amount of $400,000. The Bond
Resolutions for this project were submitted to Your Honorable Body on September
1, 1992 and approved, Item #208, C.C.P. 9/15/92.
I am recommending that Your Honorable Body approve the purchase price for
1839-1851 South Park Avenue from Sopark Corporation in the amount of One
Hundred Eighty-One Thousand Five Hundred Dollars ($181,500). I am further
recommending that the Corporation Counsel be authorized to prepare all the
necessary documents for the acquisition and closing of this property.
Mr. Fahey moved:
That the communication from the Comptroller, dated September 24, 1992, be
received and filed; and
That the purchase of 1839-1851 South Park Avenue by the City of Buffalo
from the Sopark Corporation for the sum of $181,500 (One Hundred Eighty One
Thousand and Five Hundred Dollars) be and hereby is approved; and
That the Corporation Counsel is hereby authorized to prepare all
necessary documents for the acquisition and closing of the property. Funds for
this acquisition were appropriated in the 1992-93 Capital Improvements Budget,
Item No. 208, C.C.P., September 15, 1992.
PASSED.
AYES- 11 NOES- 0.
No. 17
Results of Negotiations
203 Scoville, E 300' N of Manitoba
Vacant Lot: 30' x 129'
Assessed Valuation: $1,700.
Item # 18, C.C.P. 7/7/92
In the above referenced item, Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Lucy Nowak of 205 Scoville Avenue, Buffalo, New York 14206 for the
above captioned property.
Ms. Nowak would like to purchase this property to expand her yard area
for the home that she owns at 205 Scoville.
An independent appraisal of the property was conducted by Howard P.
Schultz, 217 Linwood Avenue, Buffalo, New York 14209. He has estimated the fair
market value of the property to be $250.
It should be noted that the majority of the sales used by the appraiser
to arrive at a value for the subject property consisted of auction sales five
to six years old. The appraisers estimate indicates about $.6 per square foot.
The Division of Real Estate has investigated the recent sales of property
in the subject area. Recent sales indicate sale prices ranging from $.10 a
square foot to $.41 a square foot producing a range of value of between $400 to
$1,500 for the subject property.
The results of our negotiations are that Ms. Lucy Nowak has agreed is
prepared to pay $1,000 for the subject property. She has also agreed to pay
for the cost of the appraisal, transfer tax, recording fees and cost of the
legal description.
The property at 203 Scoville was acquired in 1988 by the City of Buffalo
through an In-Rem sale. The property is in an industrial area of the City of
Buffalo and there have been no other offers for the property.
Therefore, I am recommending that Your Honorable Body approve the sale of
203 Scoville to Ms. Lucy Nowak in the amount of $1,000. I am also recommending
that Your Honorable Body authorize the Mayor to sign the necessary documents
for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated September 23, 1992, be
received and filed; and
That the offer of Ms. Lucy Nowak, residing at 205 Scoville, Buffalo, New
York in the sum of $1,000.00 (One Thousand Dollars) to purchase the property
described as 203 Scoville be and hereby is accepted; and
The appraisal report requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees, and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed, and the Comptroller be
authorized to deliver the same, in accordance with the terms of sale upon which
the bid was submitted.
PASSED.
AYES- 11 NOES- 0.
No. 18
Report of Audit Department of Assessment
In-Lieu-of-Tax Payments
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Assessment (PILOTS) performance audit report for the fiscal year ending June
30, 1992.
We discovered a loss of approximately $7 million in City revenue from the
property tax breaks given to certain private business firms. Additionally,
several firms were in arrears in their in-lieu-of-tax payments which total led
approximately $650,000.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, ERIE COUNTY INDUSTRIAL
AGENCY, COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 19
Leave of Absence for Mr. Sumbrum from the position of Commissioner of Streets
It has been brought to my attention that Streets Commissioner
Bart Sumbrum decided to explore his Civil Service opportunities by enrolling in
a training class for Buffalo Firefighters. It is my opinion that by abdicating
his position as Commissioner of Streets, he is not entitled to a leave of
absence as an appointed official of the City and cannot receive the salary for
that position even if he decides to return to that capacity.
It is my understanding that State law provides for the governing body of a
municipality, in this case the Common Council, to grant a leave of absence to
an appointed official. If the Common Council decides to authorize a leave of
absence to Mr. Sumbrum, I would honor Mr. Sumbrum's return to the position of
Commissioner of Streets if and when he decides to return. Without that
direction from the Common Council, it is my opinion that Mr. Sumbrum is no
longer Commissioner of Streets and requires reconfirmation by the Legislative
branch should he wish to return to that position.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 20
Mr. Pitts now took his seat in the Council Chambers.
FROM THE COMMISSIONER OF ASSESSMENT
No. 21
Certiorari Proceedings -33-37 Franklin Street, 11A
Fiscal Years 1991-92 & 1992-93
This is to advise that the owners, Nelson and Clark Barrett, have
instituted certiorari proceedings on 33-37 Franklin Street, 11A, Buffalo, New
York, regarding the assessments for the fiscal years 1991-92 and 1992-93.
The assessment was reviewed by the department and the owners expressed a
willingness to settle this proceeding.
The final assessments for such fiscal years were as follows:
1991-92 $230,000
1992-93 $230,000
The owners are agreeable to a settlement which would result in a
reduction in assessment of $70,000 for 1991-92 and $90,000 for 1992-93 on 33-37
Franklin Street, 11A.
Based upon a review of the current market value of the property, l feel
this settlement would be in the best interest of the City. I recommend,
therefore, this settlement in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable
Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Forgive Taxes 1041 & 1047 Grant
Item No. 224, C.C.P. 7/7/92
The properties at 1041 and 1047 Grant St. are currently owned
by St. John the Baptist Ruthenian Greek Catholic Church Society which is a tax
exempt religious organization, under N.Y. State Real Property Tax Law. St.
John the Baptist Ruthenian Greek Catholic Church Society leases said properties
to U.N.A.I.M.C. (United North American Indian Management Corporation) which has
been granted tax exempt status by this department as a charitable institution
under N.Y. State Real Property Tax Law, for property located at 1043 Grant St.
The property at 1041 Grant is a vacant lot. The property at 1047 Grant
Street consists of a two-story masonry commercial building with two store
fronts on the ground floor and two apartments on the second floor which were
converted to office space.
The properties at 1041 Grant and 1047 Grant were not granted tax exempt
status because our investigation so far has shown that the said properties were
not used primarily for exempt purposes, during the years 1988-89, 1989-90 and
1990-91. During the years 1988-89, 1989-90 and 1990-91 for which U.N.A.I.M.C.
made application for tax exemption on this property, this department checked
with National Fuel Gas and Niagara Mohawk Power Corporation and found that no
utility service was in operation at those addresses during the previously
mentioned years. Therefore, because the property was not used for charitable
purposes during the above mentioned years, this department has no reason to
grant tax exempt status to the previously mentioned properties.
Because the building at 1047 Grant over the years has been used
commercially as a laundromat and a fast food shop, this department is still
working with the utility companies to determine exactly what parties were
receiving utility service for the years in question. Unless U.N.A.I.M.C. can
prove that the properties in question were used primarily for charitable
purposes, then this department can only continue to deny tax exempt status for
those years. Furthermore, upon investigation, this department has found that
U.N.A.I.M.C. may be denied exempt status entirely because they have not
provided this department with a copy of the Internal Revenue Service letter
which grants nonprofit status under 501(C) (3) of the Internal Revenue Code.
This department has phoned and written to U.N.A.I.M.C. requesting a copy of
their I.R.S. 501(C) (3) designation. We have also requested audited financial
records for the years in question. We are awaiting their reply.
In the event this department does not receive the requested material, I
respectfully request that Your Honorable Body request from U.N.A.I.M.C. audited
financial records for the years in question and a copy of I.R.S. Section 501(C)
(3) in order to resolve the issue of tax exempt status for 1041 Grant Street
and 1047 Grant Street.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Bond Cancellation 1416 Hertel Avenue
It is hereby certified that the bond described below be canceled:
Principal: Virginia A. Gnozzo DBA
Hertel News and Tobacco Shop
Surety: Western Surety Company
Amount: $5,000.00
Dated: May 1985
Structure: Sidewalk Cafe
Location: 1416 Hertel Avenue
This bond is no longer required due to the fact that the encroachment has been
removed from City right of way. The above captioned bond should be deemed
released and canceled as to future liability in accordance with the provisions
of the City Ordinances.
RECEIVED AND FILED.
No. 24
Monthly Report of Licenses Issued August 1992
I am respectfully submitting the enclosed report of Licenses issued
in the month of August 1992 by the Division of License.
RECEIVED AND FILED.
No. 25
Notification Serial # 8257
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by repealing the following:
NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY
Swan Street Between Main Street and Pearl
north side Street
Notification Serial # 8258
NO PARKING EXCEPT OFFICIAL POLICE VEHICLES
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by adding thereto the
NO PARKING EXCEPT OFFICIAL POLICE VEHICLES
following:
PUBLIC HIGHWAY LOCATION PROHIBIT. PRTN HIGHWAY
Swan Street Between Main Street and Pearl
north side Street
Notification Serial # 8259
HANDICAPPED PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 49 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by repealing the following:
HANDICAPPED PARKING
PUBLIC HIGHWAY PORTION OF HIGHWAY
Swan Street From a point 125' east of
north side Main Street to Washington
Street (excluding 25' No Parking
Here to Corner)
Notification Serial # 8260
HANDICAPPED PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 49 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by adding thereto the
HANDICAPPED PARKING
following:
PUBLIC HIGHWAY PORTION OF HIGHWAY
Swan Street From a point 50' east of Main
north side Street to Washington Street
(excluding 25' No Parking
Here to Corner)
RECEIVED AND FILED.
No. 26
Difference in Pay Mr. Vincent Marguccio
Mr. Marguccio was on disability from 9/16/91 thru 11/12/91, Mr.
Marguccio is requesting the difference in pay for the above mentioned period.
The normal salary for 8 1/5 weeks $3,839.61
Less Deductions for STATE 73.40
FICA 102.84
FEDERAL TAX 263.00
Less NYS RETIREMENT CONTRIBUTION 41.00
Less PAYMENT BY COMPENSATION CARRIER- 2,495.45
AMOUNT DUE EMPLOYEE $ 863.92
REFERRED TO THE COMMITTEE ON Claims AND THE CORPORATION COUNSEL.
No. 27
Permission To Engage Consulting Engineer Buffalo Municipal Water Finance
Authority
I hereby request your Honorable Body's authorization to engage
the services of Hayden-Wegman, Inc., 455 Commerce Drive, Amherst, New York as
the Consultant Engineer for work relating to Engineering Services for the
Buffalo Municipal Water Finance Authority.
Hayden-Wegman, Inc. was the low bidder in the amount of $38,750.00.
Funds for this work will be available in the Reserve for Capital
Improvements Account of the Division of Water.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Report of Bids New Roof
Massachusetts Recreation Center
I advertised for on August 25, 1992 and received the following
sealed proposals which were publicly opened and read on September 8, 1992.
Weaver Metal & Roofing 38,950.00
Progressive Roofing 42,000.00
McGonigle & Hilger Roofing Co. 43,140.00
Jos. A. Sanders, Inc. 44,440.00
Grove Roofing Co. 50,600.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Weaver Metal & Roofing in the amount of $38,950.00 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 will be
available in B/F 200-402-033 -Division of Buildings.
Estimate for this work was $35,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated,
September 10, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract for New Roof at Massachusetts Recreation Center, to Weaver Metal
& Roofing, the lowest responsible bidder, in the amount of $38,950.00 . Funds
for this work are in the B/F 200-402-033 Division Of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 29
Report of Bids - Erie Basin Marina - Phase III
Item No. 55 C.C.P., 7/22/86
This is to advise Your Honorable Body that I have advertised and
received bids on September 09, 1992 for the Erie Basin Marina - Phase III.
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 coot 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:
Contractor Base Bid Alt. "A" Bid
Herbert F. Darling Inc. $ 956,404.00 $ 966,129.00
Nichter Utility Co. Inc. $1,054,032.35 $1,060,432.35
Berg Co. U.S. Inc. $1,082,799.00
$1,090,799.00
I hereby certify that the lowest responsible bidder for the above project
is Herbert F. Darling, Inc., with Alternate "A", the cost thereof to be charged
to the CPF Account # 200-401-088-00-000 in an amount not to exceed $966,129.00,
plus approved unit prices not to exceed an additional amount of $96,612.90.
The Engineer's estimate for this work is $1,177,108.56. The attached is
certified to be a true and correct statement of the three (3) 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 Friday, October 23,
1992. Individual bid submissions are available in our office for inspection
and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Report of Bids - Emergency Repair of the Buffer System At the Ohio Street Lift
Bridge
This is to advise Your Honorable Body that I received bids on
Friday, September 4, 1992 for the emergency repair of the Buffer System at the
Ohio street Lift Bridge.
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 quantities
of materials entering into the work and may be either more or less than the
total bid.
The following bids were received:
Contractor Base Bid Alt. "A" Bid
Nichols, Long & Moore $108,380.00 $ 133,380.00
Nichter Associates $133,000.00 $ 171,000.00
Falgiano Construction $146,430.00 $ 182,430.00
I hereby certify that the lowest responsible bidder for the above project is
Nichols, Long & Moore, with Alternate Number One, thereof to be charged to the
CPF Account # 200-401-084-00-000 in an amount not to exceed $133,380.00, plus
approved unit prices not to exceed an additional amount of $13,338.00.
The engineer's estimate for this work is $150,000.00. The attached is
certified to be a true and correct statement of the three (3) 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 October 19, 1992.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Emergency Rehabilitation to Bearings
on the South Park Lift Bridge
The large sheave shaft bearings on the South Park Lift Bridge
have failed leaving the bridge stuck in the down position. The Coast Guard has
asked the City to make these repairs as soon as possible. Therefore, I have
declared an emergency situation and will be accepting bids to do immediate
repairs to the bridge.
I, therefore, request your Honorable Body's authorization to enter into a
contract for this work. Due to the serious condition, your immediate approval
of this item is necessary. Funds for this work are available in Bond Fund
Account # CPF 200-401-075-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Error in Report of Bids for the Repair to
City Sidewalks 1992-1993
Item No. 53, C.C.P. September 1, 1992
In our report to Your Honorable Body in Item Number 53, C.C.P.
of September 1, 1992, we incorrectly listed the funding source for the Repair
of City Sidewalks 1992-1993 as account number 100-401-014-00-561.
Please be advised that the correct account number is 200-401-507-00-000.
RECEIVED AND FILED.
No. 33
Change in Contract - Change Order # 1 Louisiana Street Bridge - Contract
91656500
I hereby submit to your Honorable Body the following change in
contract for the above named project.
The original intention for the project was to commercially blast all steel and
use three coats of paint. In order to save money it was decided that the
contract should involve commercially blasting and painting the joint areas and
brush blasting and covering with two (2) coats of paint the areas between the
joints. A final item was added that would provide for paying the contractor
for areas between the joints which needed to be commercially blasted. It was
decided to bid this item on a per square foot basis, again, in order to save
money. When brush blasting work commenced on Spans 2 and 3 the paint was found
to be in far worse condition than anticipated with extensive areas of rust
pitting and flaking.
The original quantity in the contract was 1,000 sq.. ft. at $10 per
sq.ft. We estimate the new quantity will be approximately 15,000 sq.ft. We
negotiated a price with the contractor for the item of $6.45 per sq.ft.
New Negotiated Price
Item No. Quantity Negotiated Price Cost
18,570.86XX 15,000 x $6.45 = $96,750
Original Contract Price
Item No. Quantity Contract Price Cost
18,570.86XX 1,000 $10 $10,000
Additional cost of change in contract $86,750
Contract Summary
Original Contract Amount $716,998.50
This Change Order # 1 $ 86,750.00
Total $803,748.50
Funds for this additional work are available in Division of Engineering
Bond Fund Accounts # 200-401-003 and # 200-401-507.
I respectfully certify that this change order is fair and equitable for
the work involved and respectfully request that your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to Oakgrove Construction Company, Inc.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 34
E. McLaughlin - Cancel Water Bills 1510 Michigan.
Item # 124 C.C.P., 9/1/92
1510 Michigan Avenue had been turned off by the Division of Water
on August 12, 1987. On February 3, 1988 the Division of Water found the
property occupied and hooked illegally to 1506 Michigan Avenue.
City Ordinance # 491-10 Permit for alterations to system attachments
states: No plumber shall make any extensions to or alterations of any tap, pipe
or other fixtures attached to or intended to become attached to the pipes of
the water system without first having obtained a written permit therefor.
City Ordinance # 491-11 Multiple service prohibited states: No plumber
shall be permitted to connect any two (2) or more distinct premises or
tenements with or upon one (l) service pipe.
Mr. McLaughlin did not have the meter for 1510 Michigan Avenue or the
service restored until July 5, 1991.
The billing is for December 1987 through March 1992 billing. In a letter
to Councilmember David Collins regarding 1506/1508 Michigan Avenue, Mr.
McLaughlin's complaint states that he requested that the Division of Water
discontinue service in December, 1991. Due to the fact that the curb stop was
covered by City Crew, Mr. Mclaughlin should not be charged for water and the
uncovery of the service box. The Division of Water uncovered the service box
and turned off the water June 9, 1992. The bills for this account were
canceled back to December 1991.
The back billing for 1510 Michigan Avenue is correct. The Division of
Water will continue to verify that the water at 1506 Michigan Avenue is still
off and that there is no illegal hookups to 1510 Michigan Avenue. If the
Division of Water finds the house at 1506 Michigan Avenue occupied without
water we will notify the Erie County Health Department to take action. If we
find the water on at 1506 Michigan Avenue we will back bill to December, 1991.
Mr. McLaughlin, through his illegal hookups and illegal turn-ons has not
paid for his full water use.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Restaurant- Dancing Class III 26 Virginia Place
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 III
located at 26 Virginia Place 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 III 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 John Diliberto. The Police Departments approval is attached
hereto.
In consideration of the application of:
John Diliberto d/b/a
Bulldog Lil's
26 Virginia Place
Buffalo, New York
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 36
Permission to install three doors, which when opened encroach city right of way
at 517-19 Ellicott Street.
Mr. Franklin H. Yartz, owner of the Ellicott Small Animal Hospital,
Located at 517-19 Ellicott Street has requested permission to install three
doors which, when opened, would encroach city right of way.
The proposed doors would be located on the Ellicott street side of the
property and encroach a maximum of 3 feet 6 inches into city right of way.
The Department of Public Works has reviewed Mr. Yartz's application
pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the doors be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said doors.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Encroachment into City Right Of Way- 2495 Main St.
Mr. John Storm, owner of Trench Mfg. Co., located at 2495 Main
Street, has requested permission to install a handicap ramp, which would be
located within city right of way, at said address.
The proposed ramp would measure approximately 20 feet in length and
project a maximum of 9 feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Storms application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the handicap ramp is not permanent in nature or permanently affixed
to the main building or public sidewalk.
4. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said ramp.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 38
Certificate Of Appointment
Appointment effective September 18, 1992 in the Department of
Public Works, Division of Engineering, Claudia Zona 58 Cochrane, Buffalo, NY
14206, to the position of Accountant, Temporary at the starting salary of
$28,837.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 39
Bids Tree Removal And Trimming 1992
(Nos. 38 and 39, C.C.P., September 15, 1992)
This is the information Your Honorable Body requested regarding
the Tree Trimming and Tree Removal Contracts that were approved by the
Committee of Finance, September 22, 1992.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 40
Checks Received
Kindly refer to Common Council correspondence dated 7-24-92.
Per C.C.P . # 104 of February 2, 1988, attached hereto please find copies of
the following listed checks.
8155-00090889 $ 656.20
8155-00090712 $ 1,000.00
8155-00090714 $ 1,312.00
8155-00090894 $ 667.25
8155-00090893 $ 4,570.45
8155-00090892 $ 2,137.75
8155-00090896 $ 3,053.20
8155-00090905 $ 5,208.96
8155-00090900 $24,305.75
8155-00090898 $ 3,312.45
8155-00090895 $ 2,878.95
8155-00090887 $ 8,034.20
8155-00090613 $ 6,000.00
8155-00090910 $36,013.50
8155-00090903 $ 3,277.26
TOTAL $102,427.92
These checks were received by this Department and duly deposited in Trust &
Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 41
Checks Received
Item # 104 C.C.P. 2/2/88
Per C.C.P. # 104 of February 2,1988, attached hereto, please find
copies of the following checks.
8155-00091479 $ 2,539.18
8155-00091583 $ 2,375.75
8155-00091581 $23,417.50
8155-00091574 $ 336.60
8155-00091573 $ 3,789.30
8155-00091586 $ 5,622.13
8155-00091472 $ 3,541.24
8155-00091451 $ 3,917.32
8155-00091585 $ 2,125.00
8155-00091483 $ 1,199.78
8155-00091465 $ 2,628.20
8155-00091538 $ 4,830.55
8155-00091523 $ 699.55
8155-00091524 $ 2,783.75
8155-00091528 $ 2,422.50
8155-00091559 $ 1,000.00
8155-00091562 $ 2,229.65
8155-00091529 $ 2,428.45
8155-00091569 $ 566.44
8155-00091469 $11,365.35
Total $79,818.24
RECEIVED AND FILED.
No. 42
S. Almond Request Police Action
Drug Activity 36 Northumberland
Item # 143 - September 1, 1992
We have recently discussed with the Captain of Precinct # 12,
the activities at 36 Northumberland. The Captain informed me that there have
been seven (7) calls at that location since July 1, regarding loud music and
fight calls. There has been no mention of any drug activity to date. The
Captain advised me that he was going to have his car crews be extra vigilant in
that area in an attempt to quell any further problems in that area. Members of
the Council Staff informed me that there was a Petition passed through the
neighborhood and when they attempted to check out some of the people that
signed, many of them stated that they had never seen the Petition nor signed
it.
We will continue to monitor the situation and keep you apprised of any progress
or problems that we are encountering in this area.
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 43
Authorization to Accept Settlement: City of Buffalo vs. Central Transport, Inc.
and Pasquale P. Camalleri
Authorization is hereby requested to settle the above referenced
lawsuit commenced by the Law Department on behalf of the City of Buffalo for
damages to a Department of Street Sanitation packer truck cab totalling
$18,1470.65.
The accident occurred on May 3, 1989 on the Interstate 190, near the Elm Street
Exit, when the City's vehicle collided with the rear of defendant's tractor
trailer. Damage to defendant's trailer amounted to $155.25.
The City's lawsuit was based on the allegation that the defendant's driver
changed lanes in such an unsafe manner that the City's driver was unable to
avoid rear ending the defendant's trailer. The defendants, as expected,
claimed the accident was caused by the City driver, driving at an excessive
rate of speed and rammed defendants' trailer after the lane change had been
made safely and defendants' vehicle was into the flow of traffic.
The Corporation Counsel recommends acceptance of the defendants' offer of
$6156.88, representing one-third of the damages to the City vehicle, which
offer is the result of appreciable negotiations between opposing counsel.
This is definitely a comparative negligence case, which based on the facts,
could just as easily have resulted in a no cause of action against the City
considering our truck rear-ended defendants' vehicle. Additionally, the
settlement was tentatively reached prior to formal discovery proceedings, or
other legal proceedings thereby precluding the expenditure of further costs,
fees and expenses.
Mr. Fahey moved:
That the communication from the Law Department, dated, September 10,
1992, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to settle
the lawsuit of City of Buffalo v. Central Transport, Inc. and Pasquale P.
Camalleri by acceptance of the defendants' offer of $6,156.88.
PASSED.
AYES- 12 NOES- 0.
No. 44
Info- Leave of Absence Streets Commissioner
This responds to the inquiry at your meeting of September 15,
1992 whether an exempt employee is eligible to take a leave of absence. The
question arises because the Mayor has granted a leave of absence for three
months to the Commissioner of Streets and sanitation in order for him to
complete the training program for firefighter. It is to those facts which this
answer will be directed. I will also respond to the question posed at the
meeting on September 23, 1992 of your Committee on Finance whether the
Commissioner's appointment to the position of firefighter violates Section 456
of the Charter.
Unless expressly forbidden by law, the appointing authority (in this
case, the Mayor) has the right to grant a reasonable leave of absence to an
officer or employee under him or her on account of sickness or in the interest
of the health of the employee, or for other good reason (McQuillan's Municipal
Corporations, Section 12.135). This is a long standing principle of New York
State Law (In Re Croker, 175 N.Y. 158) and a long-standing practice for the
City of Buffalo.
Section 92 of the General Municipal Law provides, in part, that the
governing body of a municipality may grant leaves of absences to employees.
However, Section 92 was enacted in 1952, long after the Charter of the City of
Buffalo was enacted. Section 92 alone cannot, and was not intended to, revoke
the inherent power of an appointing authority to grant leaves of absences,
which power was created before the enactment of Section 92.
Section 456 of the Charter prohibits someone in a Charter created
position from holding any other public office. In the context here, the
question is whether the position of firefighter is a public office. While it
is established caselaw that a police officer is a public officer I have found
no authority which grants that status to a firefighter. In fact there is early
authority that a firefighter is not a public officer (Exempt Firemen's Ben.
Fund v. Rome, 92 N.Y. 313 [1883])
Additionally, the courts have found that Section 456 is not applicable if
the public officer takes a leave of absence from the position (Franczyk v.
O'Connell, 23 A.D. 2d 962).
In summary, I conclude that the Mayor has the authority to grant a leave
of absence to the Commissioner of Streets and Sanitation. I also conclude that
the appointment of the Commissioner while on leave of absence to the position
of firefighter does not violate Section 456 of the Charter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 45
Certificate Of Appointment
Appointment effective September 21, 1992 in the Department of
Law Rose M. VanKerkhoven, 220 Villa Avenue, Buffalo, NY 14216, to the Position
of Administrative Assistant, Temporary at the starting salary of $28,605.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 46
Change in Contract- Theater District Site
Improvements - Change Order 2
I am requesting that Your Honorable Body approve the following
changes and additions to the above contract.
- 8' X 20' PLANTER $6,362.
- TRIANGLE- PLANTER $5,141.
- 8' x 8' RAISED PLANTER $3,850.
- TOTAL $15,353.00
This addition will raise the total amount of the contract to $151,353.00. The
Contractor is Feddington Allen, 70 Hawkins Avenue, Hamburg, New York 14075.
All prices have been reviewed by our consultant and professional staff and have
been found to be fair and reasonable. This work is being done under a grant
from the National Small Business Administration Tree Planting Program. Funds
for this work are available in Account 200-717-520.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated, September 21, 1992, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order to Feddington Allen in the amount of
$15,353.00 for additional work relating to Theater District Site Improvements,
with said cost to be charged against Account 200-717-520.
PASSED.
AYES- 12 NOES- 0.
No. 47
Locations For Citywide Street Tree Planting
Fall 1992 - Spring 1993
(Item No. 52, C.C.P. 9/15/92)
Attached as per your request, are approximately 275 locations
for trees to be planted this Fall. The Parks Department is presently preparing
a list or an additional 25 trees to be planted this Fall and 330 to be planted
in Spring.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 48
Report of Emergency Demolition Bids for
113 Landon Street and Garage
Due to the very serious and hazardous condition of the fire-damaged
building located at 113 Landon Street and Garage, Deputy Fire Commissioner Paul
A. Kurzdorfer requested that our department bid the property for immediate
emergency demolition. Inspections were also conducted by this department and
it was determined that action was necessary due to (1) the structural condition
of the building and/or (2) the resulting dangerous and hazardous condition
which existed at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
September 8, 1992 at the site and that the contract will be awarded to the
following responsible bidder:
ADDRESS/ OWNER CONTRACTOR/ AMOUNT OF BID
113 Landon Street & Garage Lebis Contracting
Chris Wade $7,225.00
113 Landon Street
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund 500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated September 10, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Contracting at a
cost of $7,225.00, relating to 113 Landon Street and Garage is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000 and that said cost shall be collected against
the owner or person in possession of the premises and/or shall be assessed
against the property benefitted, in accordance with Chapter 113, of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 49
Report of Emergency Demolition Bids for
20 Oneida Street & Garage
Due to the very serious and hazardous condition of the fire-damaged
building located at 20 Oneida Street and Garage, Deputy Fire Commissioner Paul
A. Kurzdorfer requested that our department bid the property for immediate
emergency demolition. Inspections were also conducted by this department and
it was determined that action was necessary due to (1) the structural condition
of the building and/or (2) the resulting dangerous and hazardous condition
which exists at this location i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
September 9, 1992 at the site and that the contract will be awarded to the
following responsible bidder:
ADDRESS/ OWNER CONTRACTOR/ AMOUNT OF BID
20 Oneida Street & Garage Cedar Wrecking Salvage
Gerhard B. Theismann
12635 Reinhardt Road $4,800.00
Alden, New York
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund 500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated September 10, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Cedar Wrecking Salvage at
a cost of $4,800.00, relating to 20 Oneida Street and Garage is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000 and that said cost shall be collected against
the owner or person in possession of the premises and/or shall be assessed
against the property benefitted, in accordance with Chapter 113, of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 50
Valley New Housing Project Amendment to Land Disposition Agreement Burke
Brothers Construction, Inc.
The City of Buffalo Urban Renewal Agency duly designated Burke
Brothers 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.
No. 51
Clinton-Emslie New Housing Project Phase IC Approval of Land Disposition
Agreement Gal/Van Developers, Inc.
The City of Buffalo Urban Renewal Agency duly designated Gal/Van
Developers, 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. 52
Sick Leave Bank Local 264, AFSCME, AFL-CIO
Joseph J. Hastreiter, Jr.
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 264, AFSCME, AFL-CIO, establishing a Sick Leave Bank for
the sole use of Joseph J. Hastreiter, Jr., an employee of the Department of
Street Sanitation.
Since Common Council approval is not required for agreements involving no
monetary expenditures, this Memorandum of Agreement is being filed for
informational purposes only.
RECEIVED AND FILED.
No. 53
Info-Appt. of Streets Commissioner as Firefighter
Item # 63, C.C.P. September 15, 1992
The above referenced item has been referred to this office with
a request that I comment on Mr. Sumbrum's appointment as a firefighter and
advise the Council whether or not Mr. Sumbrum would have to be reconfirmed as
Commissioner of Street Sanitation if he decides to return to that position.
From a budgetary view I would comment that Mr. Sumbrum's starting salary
of $25,060 as a firefighter, compared to his $57,469 annual commissioner
salary, will result in a $7,479 savings to the City for the twelve weeks it
takes to complete the firefighter's training session. In addition, I
understand that Mr. Sumbrum dedicates much of his off duty time to the
efficient operation of the Streets Department.
I believe the question regarding reconfirmation requirement is a legal
issue and I would defer to the Corporation Counsel to ad-vise Your Honorable
Body on that matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 54
Request retroactive pay for Fiscal Year 1989-90 for
Edwin Hernandez and William Smith
Permission is hereby requested for retroactive pay for Fiscal
Year 1989-90 for Mr. Edwin Hernandez in the amount of $199.03 and for Mr.
William Smith in the amount of $173.70, while employees in the Department of
Human Resources, Division of Substance Abuse Services. They were incorrectly
classified as non-designated employees from their time of hire until Pay-
Period 26 of Fiscal Year 1989-90, when they were determined to be eligible for
membership in A.F.S.C.M.E. Local # 650.
REFERRED TO THE COMMITTEE ON CLAIMS, THE COMMISSIONER OF HUMAN RESOURCES AND
THE CORPORATION COUNSEL.
No. 55
Permission to Renew Lease Elmwood Counseling Clinic
at 656 Elmwood Avenue
It is hereby requested that the present lease between the City
of Buffalo and 656 Elmwood Associates for lease of premises located at 656
Elmwood Avenue, Suite # 100 (Elmwood Counseling Clinic) be, renewed for a
period of three (3) years, from June 1, 1992 through May 31, 1995, under the
same terms and conditions as the existing lease with five (5) per cent increase
in rent as per attached copy of lease.
Mr. Fahey moved:
That the communication from the Department of Human Resources, dated,
September 23, 1992, be received and filed; and
That the Commissioner of Human Resources be, and he hereby is authorized
to extend the present lease between the City of Buffalo and 656 Elmwood
Associates for lease of the premises located at 656 Elmwood Avenue, Suite 100
(Elmwood Counseling Clinic) for a period of three years, from June 1, 1992
through May 31, 1995, under the same terms and conditions as the existing lease
but with a 5% increase in rent, as included in the extension.
PASSED.
AYES- 12 NOES- 0.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 56
Former Fireboat Personnel
At a meeting held on September 9, 1992 the Commission considered
a communication from Kevin Kelley, Legislative Assistant, on behalf of the
Common Council, relative to the preferred eligible lists for individuals laid
off from the Fireboat Cotter.
In said communication Mr. Kelley requested an explanation as to what is meant
by putting the personnel recently laid off from the Fireboat on preferred
eligible lists, and if these individuals have bumping rights, with the Fire
Department.
The Commission replied to this same inquiry on August 31, 1992. Please refer to
said reply.
In addition, Mr. Kelley indicated the Council would like to know if there are
any personnel presently employed with in the Fire Department with the same
titles held by those laid off from the Fireboat.
Be advised there are no employees in the Buffalo Fire Department with the same
titles held by those individuals laid off from the Fireboat.
You have also inquired as to the effects the early retirement incentive will
mean to those laid off from the Fireboat. The Commission recommends you
consult with the Director of Labor Relations in this regard.
I trust this satisfies your inquiry. If you have any questions in this regard,
please contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 57
S. Radford- BMHA/Homeless
Item # 67, C.C.P., 9/15/92
I received your letter of September 16, 1992, which included a
copy of the letter from S. Radford which was referred to the Committee on
Legislation.
I had previously received a copy of Mr. Radford's letter and I called him
to discuss his concerns. I offered an explanation to Mr. Radford on some of
the issued raised in his letter, which included the fact that the process by
which we offer vacant units is a HUD prescribed and regulated process.
Homeless populations receive preference as part of that process which
accelerates an offer of housing, if appropriately sized units are available and
if they meet admissions criteria and requirements.
The units at the Redwood Village development which are noted in Mr.
Radford's letter were prepared, offered and accepted, and the Authority expects
move-in shortly. One unit suffered fire damage which required preparation of
specifications, formal bidding, etc., which delayed the preparation.
I advised Mr. Radford that we did not object to his demonstration as long
as BMHA property was not damaged, and the press conference was held without
incident.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 58
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:
Fire- John V. Fabian, James D. Miner
RECEIVED AND FILED.
No. 59
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
229 Allen St. Mulligan's Brick Bar Woodgate Enterprises, 454 Pearl
St. Doogan, Ltd.
RECEIVED AND FILED.
No. 60
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:
Mayor/Mayor Executive- Bart Sumbrum
Public Works- Alfredo Ortiz, Jr.
Street Sanitation- Terrance Grandy
Inspections and Community Revitalization- Michael J. Dickman
Human Resources- Theresa Vito
Mr. Fahey moved to separate the item and refer the Leave of Absence for Bart
Sumbrum, Commissioner of Street Sanitation to the Committee on Civil Service
and the balance of the item is received and filed.
ADOPTED.
No. 61
Reports of Attendance- Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Civil Service Commission
Emergency Medical Services Board
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 62
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 effective Sept. 14, 1992, in the Department of Common Council,
William F. Trezant, 142 Loepere St., Buffalo, 14212 to the Position of Intern
III, Seasonal at the starting salary of $5.00 per hr..
Appointment effective Sept. 16,1992 in the Department of City Clerk, Mark P.
Parker, 759 Smith St., Buffalo, NY 14206 to the Position of Intern III,
Seasonal at the starting salary of $5.00 per hr..
Appointment effective Sept. 21, 1992 in the Department of City Clerk, Scott
Whitbeck, 590 West Utica St., Buffalo, NY 14213 to the Position of Intern IV,
Seasonal at the starting salary of $ 6.00 per hr..
No. 63
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective Sept. 11, 1992 in the Department of Stadium
& Auditorium, Division of Pilot Field, Wayne J. Lickfeld, Jr., 21 Choate
Avenue, Buffalo, 14220 to the Position of Laborer I, Seasonal at the starting
salary of $5.98 per hr..
Appointment effective Sept. 16, 1992 in the Department of Stadium & Auditorium,
Division of Pilot Field, Kevin P. Lalley, 81 Densmore Street, Buffalo, 14220,
to the Position of Laborer, Seasonal, at the starting salary of $5.98 per hr..
FROM THE DEPARTMENT OF AUDIT & CONTROL
Appointment effective Sept. 30, 1992 in the Department of Audit
& Control, Division of Accounting, Pamela A. Richardson, 551 North Oak St.,
Buffalo, NY 14203, to the Position of Assistant Accountant, Temporary, at the
starting salary of $24,020.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment effective Sept. 10, 1992 in the Department of Assessment,
Gerald Murphy, 79 Marine Dr., Apt. 5F Buffalo, NY 14202, to the Position of
Clerk, Seasonal, at the starting salary of $5.00 per hr..
Appointment effective Sept. 14, 1992 in the Department of Assessment, Mary A.
Pillitieri, 215 Rhode Island Street ,Buffalo, N.Y. 14213, to the Position of
Clerk, Seasonal, at the starting salary of $5.00 per hr..
Appointment effective Sept. 15, 1992 in the Department of Assessment, Anne
Bauth, 363 Normal Avenue, Buffalo, NY 14213 to the Position of Clerk, Seasonal,
at the starting salary of $5.00 per hr.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective Sept. 18, 1992, in the Department of Public
Works, Division of Engineering, Claudia Zona, 58 Cochrane St., Buffalo, NY
14206, to the Position of Accountant, Temporary, at the starting salary of
$25,069.
FROM THE DEPARTMENT OF PARKS
Appointment effective Sept. 14, 1992 in the Department of Parks,
Division of Recreation, to the Position of Laborer II, Seasonal, at the
starting salary of $6.65 per hr.
Vincent McCarthy, 26 Sunset, Buffalo 14216
John O'Leary, 100 Ryan St., Buffalo 14210
Appointment effective Sept. 14, 1992 in the Department of Parks, Division of
Recreation, to the Position of Special Service Instructor I, Seasonal, at the
starting salary of $6.25 per hr.
Paul Flanagan, 43 Hammerschmidt, Buffalo 14210
Eugene Mullen, 56 Mineral Spring, Buffalo 14210
David P. Phillips, 98 Millicent Ave., Buffalo 14215
Appointment effective Sept. 14, 1992 in the Department of Parks, Division of
Recreation to the Position of Supervising Lifeguard at the starting salary of
$5.75 per hr.
Karen Lalley, 81 Densmore, Buffalo, New York 14220
Mark Lalley, 21 Edgewood, Buffalo, New York 14220
Joseph Langdon, 311 Downing Street, Buffalo, New York 14220
Scott Noga, 56 Gatchell Street, Buffalo New York 14212
Appointment effective Sept. 14, 1992 in the Department of Parks Division of
Recreation, to the Position of Lifeguard, Seasonal, at the starting salary of
$5.00 per hr.
Ellen Frost, 59 McKinley Pkwy., Buffalo, New York 14220
Christina Gannon, 166 Choate, Buffalo, New York 14220
John Granville, 7 Marine Drive, Buffalo, New York 14202
Daniel Griffin Jr., 24 Robins, Buffalo, New York 14220
Roger Harrington, 79 Norman Street, Buffalo, New York 14210
Daniel Karlinski II, 349 Walden Ave., Buffalo, New York 14211
Jennifer Lane, 49 Barnard Street, Buffalo, New York 14206
Ann Manley, 4 Britt, Buffalo, New York 14220
Eric O'Connell, 340 Cumberland Ave., Buffalo, New York 14220
William Whalen, 108 Hammerschmidt, Buffalo, New York 14210
Appointment effective Sept. 14, 1992 in the Department of Parks, Division of
Recreation, to the Position of Fee Collector, Seasonal, at the starting salary
of $4.75 per hr.
Sean Eagen, 40 Pries Ave., Buffalo 14220
Mark Flanagan, 43 Hammerschmidt, Buffalo 14210
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective Sept. 14, 1992 in the Department of Human
Resources, Division of Youth, Sharon A. Hennigan, 75 Louisiana Street, Buffalo,
NY 14202, to the Position of Youth Counselor, Permanent Contingent, at the
starting salary of $26,479.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective Sept. 19, 1992 in the Department of General
Services, Division of Inventory & Stores, Michael A. McCool, 4 Sidway St.,
Buffalo, 14210, to the Position of Laborer II Seasonal at the starting salary
of $6.65 per hr.
No. 64
Task Force on Medical Waste Disposal Options Report
Please find the attached final report from the Common Council's
Task Force on Medical Waste Disposal Options for your review. The Common
Council commissioned this Task Force to look objectively into medical waste
disposal technology issues in our area hospitals. The Task Force also evaluated
and reviewed more environmentally conscious medical waste disposal technologies
available to hospitals today or in the near future.
The Task Force, comprised of health professionals, attorneys,
environmentalists and concerned citizens have explored this important issue
through research, expert testimony and experience now respectfully submit this
report documenting their findings to the Buffalo Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 65
BLIND ASSOCIATION OF W.N.Y.
Filing of Rezoning of 122 Central Ave. with County Clerk
I hereby certify that, on September 17, 1992, filed with the Office
of the Erie County Clerk a certified copy of Ordinance Amendment Number 173. As
proof thereof, have attached a date-stamped copy of such submission.
Thank you for your cooperation with regard to this matter.
RECEIVED AND FILED.
No. 66
BUFFALO CABLE ACCESS MEDIA
Summary of Revised Budget
Buffalo Cable Access Media is submitting a summary of its revised
budget, which was submitted to the City of Buffalo on July 7, 1992.
The summary clearly reflects the request submitted by BCAM-32 on July 7, 1992.
Additional clarification has been detailed for income to operate the public
access facility from July 1, 1992 through June 30, 1993.
Mr. Pitts moved that the communication dated September 24, 1992, from
Buffalo Cable Access Media be received and filed, and
That the revised budget as contained in the above item be and hereby is
approved. Seconded by Mr. Bell.
Mr. Fahey now moved to amend the motion to delete fees from the budget
and deduct that $12,000 from the budget; Seconded by Mr. Bakos.
LOST.
AYES- ARTHUR, BAKOS, FAHEY, FRANCZYK- 4
NOES- AMOS, BELL, COPPOLA, HIGGINS, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 8
Mr. Fahey now moved to approve the budget as is. Seconded by Mr. Pitts.
PASSED.
AYES- AMOS, ARTHUR, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- BAKOS- 1.
No. 67
BUFFALO CABLE ACCESS MEDIA
Annual Report
Buffalo Cable Access Media is proud to present its FY 91 - 92
Annual and Financial Annual Report. This report reflects activities and
operations of public access for a 9 month period, commencing October 1, 1991
through June 30, 1992. BCAM's contract with the City of Buffalo commenced Oct.
1, 1991.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 68
BUFFALO CABLE TELEVISION POLICY BOARD
Accept Proposed Budget
Please be advised that at the special meeting of the Buffalo Cable
Television Policy Board on Wednesday, September 23, 1992 a motion was made and
passed unanimously to accept and endorse the BCAM proposed Budget to the
Buffalo Common Council.
RECEIVED AND FILED.
No. 69
M. J. DELANEY CONSULTING
Request Fire Department RFP When Available
Please send me a copy of the RFP for the Fire Department study.
I am interested in responding to this Request for Proposal and would appreciate
a copy as soon as it becomes available.
As of September 10th when I spoke with you, the RFP was not available and you
were not sure when it would be. When it becomes available, please send to:
Martha Delaney
M. J. Delaney Consulting
P.O. Box 247
Clarence, New York 14031
REFERRED TO COUNCIL STAFF.
No. 70
COUNTY OF ERIE DEPARTMENT OF SOCIAL SERVICES
Exempt ECDSS from Fire Report Fee
Item # 124, C.C.P., Sept. 1, 1992
The Erie County Dept. of Social Services strongly recommends passage
of the above named item. Failure to do so would add significant time delays
and financial costs to our Department, and reduce our ability to serve those
recipients whose homes have been lost or damaged due to fire. We respectively
request that you move this item as quickly as possible.
RECEIVED AND FILED.
No. 71
LOCAL 282
Proposed Fire Department Study
Pursuant to your request, I am setting forth Local 282's preliminary
comments concerning the proposed Fire Department study. While Local 282
generally supports the concept of a study, if properly done, it has several
reservations concerning the proposal for consultants to review the City of
Buffalo Charter and the Collective Bargaining Agreement between the City and
Local 282. Since the subject proposal is written in general terms, the
significance of the proposed areas for study may not be readily apparent. Local
282, therefore, reserves the right to supply additional comments as the need
might arise.
It is proposed that consultants review the Charter of the City of Buffalo and
the parties' Collective Bargaining Agreement and that the consultants make
recommendations for changes to those documents necessary to implement their
recommendations (see Scope of Work, Section 9(b) and Miscellaneous, Section 9
(d)). We cannot agree to said proposal since it impacts on the City's
obligation to negotiate with Local 282 consistent with the statutory mandates
contained within the Taylor Law. As the Council ought appreciate, changes in
the Collective Bargaining Agreement can only be effectuated through the
collective bargaining process. Given the Taylor Law and the obligation to
bargain, any recommendation by a consultant impacting on the parties'
collective bargaining agreement is essentially useless, and cannot, in any
event, be implemented. Moreover, I caution the Council that there are those
within the community who are of the opinion that the Council has already unduly
interjected itself into the collective bargaining process (i.e. the Charter
Review Commission). The Council ought not give further credence to such
subjective opinions by proposing the subject review of the parties collective
bargaining agreement and/or Charter as it relates to the Fire Department.
Finally, to include such review would result in additional costs without
corresponding benefits.
I suggest that any study concentrate on topics such as response times,
placement of fire houses, as well as topics directly related to fire safety,
both for the citizens of Buffalo and the firefighters. Even such a limited
study will be expensive and, perhaps, cost more than presently allocated.
I also suggest that the five year cap be eliminated. Emphasis ought be given
to the study being well thought out and thereafter implemented without emphasis
being placed on artificial time constraints. It may well be that the ensuing
recommendations cannot be implemented within the proposed five year period.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 72
MARK A. TURGEON
Reinstate Expired Licenses The Library - 3405 Bailey
I write this letter to outline my intentions in operating the
business at 3405 Bailey Avenue as " The Library" as it has been for almost all
of the past 20 years that our family has owned and operated it.
The Library will feature a limited dinner menu with soups, appetizers,
and desserts. Happy hour for local businessmen will run weekdays until early
evening featuring drink specials. Banquets for small parties will be available
downstairs and larger ones will utilize the upstairs. The upstairs bar will
also be open to the public Wednesday through Saturday evenings from 9pm to 3am
unless it is closed for a private party. On evenings that the upstairs is busy
and open to the public we will have two security guards working on the corner
to make sure people are orderly and parking legally. Providing business will
support it, we will open for lunches and afternoon office parties for the
holidays. Next summer we plan on serving lunches and dinners on the patio,
utilizing our patio license.
I ask you to please reissue our expired licenses, as soon as possible, so
we may reopen and stop the negative cash flow.
Thank you for your time and consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
No. 73
D. Leone, owner, petition to Use 976 Elmwood
for a takeout restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 74
Grace English Evangelical, owner, petition to Use
174 Cazenovia for a Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 75
Carmelo Piparo, owner, petition to Use 1460 Niagara Street for a canopy over
existing gas pumps.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 76
Kevin Howell and Others - favor Music License for
The Library, 3405 Bailey.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 77
L. Zurek & Others, Favor Dancing License at
124 Elmwood Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9
NOES- ARTHUR, BELL, PITTS- 3
No. 78
Florence Davis and Others request the Council restore Teacher Aide positions at
the Early Childhood Centers.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CLAIMS
HON. BRIAN M. HIGGINS
CHAIRMAN
No. 79
COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 1. Barbara Blaszak and Rosenthal, Siegel, Muenkel &
Wolf, Her Attorneys $ 7,500.00
A 2. Diane & Stephen Costello and Jeffrey M. Freedman, Esq.
Their Attorney $ 25,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 12 NOES- 0.
No. 80
PERSONAL INJURY
A 3. Jeffrey Drilling and Richard S. Binko, Esq.
His Attorney $ 4,000.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mr. Higgins now moved the approval of the claim of Jeffrey Drilling in the
amount of $ 4,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS-
9.
NOES- BELL, PERLA, ZUCHLEWSKI- 3.
No. 81
PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 4. Jerome H. & Colleen A. Lewandowski P/N/G of
Mark W. Lewandowski an Infant and
Stamm & Murray Their Attorneys $ 25,000.00
A 5. Louis Pelino and Lucian C. Parlato, Esq.
His Attorney $ 3,500.00
A 6. Cleotis and Reba Thomas and Cole, Sorentino, Hurley
& Hewner, P.C., Their Attorneys $ 1,750.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 12 NOES- 0.
No. 82
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B1. Irene Clark and Franklin R. Pratcher, Esq. Her Attorney
Claim for a 1973 Mercedes Benz vehicle impounded and sold at auction without
notification. $600.00
B2. Robert D. Bukowski
Claim for damages to the basement and personal property as a result of a sewer
line backup triggered by a water main break 55 Morgan Road.
$3,100.00
B3. Thomas P. Cavanaugh
Claim for damages to the basement and personal property as a result of a sewer
line backup triggered by a water main break at 59 Morgan Road
$600.00
There is no Insurance Company involved in the settlement of the above claims.
B 4. Unigard Security Insurance Company A/S/O
Edward P. Cunningham
Claim for fire damage to Mr. Cunningham's
1976 Sea Ray Cruiser at the Erie Basin Marina.
Unigard Security Insurance Company $469.65
Edward P. Cunningham $250.00
B 5. Anne E. Drake
Claim for damages to the basement and personal property as a result of a sewer
line backup triggered by a water main break at 56 Morgan Road. There is no
Insurance Company involved in the settlement of this claim. $
91.80
B 6. Michael Hayden
Claim for damage to claimant's vehicle a 1988 Mustang G.T. Convertible at the
Broadway Garage. Diesel fuel was sprayed on the vehicle. There is no
Insurance Company involved in the settlement of this claim.
$161.95
B 7. Michael P. Karlinski
Claim for a bicycle which was stolen from the Schiller Park Shelter House.
There is no Insurance Company involved in the settlement of this claim.
$330.00
B 8. Deborah Kaz
Claim for damage to claimant's 1988 Mercury Cougar automobile on Goethe Street.
Wood posts which were in a Street Sanitation hi-lift bucket fell out onto the
parked vehicle. There is no Insurance Company involved in the settlement of
this claim.
$394.20
B 9. Curtis R. Quarles, Jr.
Claim for a bicycle which was impounded by the City of Buffalo and subsequently
stolen from Precinct # 16. There is no Insurance Company involved in the
settlement of this claim. $150.00
B 10. Alb Sagere, Jr.
Claim for proceeds generated by the City from the sale at auction of a 1984
Datsun vehicle. There is no Insurance Company involved in the settlement of
this claim. $972.00
B 11. Mary Wood
Claim for plumbing expenses as a result of being misinformed by the Division of
Water of a water leak on her service line at 69 Hughes Avenue. There is no
Insurance Company involved in the settlement of this claim.
$145.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 12 NOES- 0.
No. 83
MISCELLANEOUS
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C 1. Mildred Barone
Claim for life insurance proceeds under the Local # 264 bargaining contract for
Russell Barone Sr., a disabled employee of the Buffalo Streets and Sanitation
Department who died on May 21, 1992. $3,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set Opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0.
No. 84
MISCELLANEOUS INVOICE
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1. Nancy E. Abrams, Ph.D.
Claim for technical services rendered to the Civil Service Commission in a
prior fiscal year. $361.70
D 2. Matthew Bender Company, Inc.
Claim for services rendered to the Department of Law for legal publications in
a prior fiscal year. $ 2,237.30
D 3. The Buffalo News
Claim for services rendered to the Board of Elections for a legal notice
showing the polling locations for the School Board Election in a prior fiscal
year. $ 8,251.60
D 4. Buffalo Small Animal Veterinary Services, P.C.
Claim for veterinary services rendered to the Buffalo Police Department in a
prior fiscal year. $ 1,000.00
D 5. Buffalo Hearing & Speech Center, Inc.
Claim for interpreter services rendered to the Division of Labor Relations in a
prior fiscal year. $135.00
D 6. City of Buffalo
Item No. 111, C.C.P., September 15, 1992
Claim for the printing of various forms, reports, memo pads, envelopes, etc.
for Council Staff, City Clerk and all Councilmembers etc., in a prior fiscal
year. $ 2,500.00
D 8. Corporate Health Services
Claim for medical services rendered to the Buffalo Police Department in a prior
fiscal year. $ 3,469.67
D 9. Damon & Morey
Claim for professional legal services rendered to the Department of Law in a
prior fiscal year. $ 4,499.00
D 10. Demerly Technologies
Claim for services rendered to the Department of Fire, Alarm & Communications
Division in a prior fiscal year. $209.55
D 11. Denall, Vitrano & Associates
Claim for reporting services for transcripts of three Examinations Before Trial
rendered to the Department of Law in a prior fiscal year.
$639.25
D 12. DePaolo-Crosby Reporting Services, Inc.
Claim for reporting services for a transcript of an Examination Before Trial
rendered to the Department of Law in a prior fiscal year.
$166.25
D 13. Erie County Clerks Office
Claim for services rendered to the Division of Parking Violations for the
recording of judgments, etc. in a prior fiscal year.
$1,730.00
D 14. Goldman & Goldman
Claim for professional legal services rendered to the Department of Law in a
prior fiscal year. $3,564.00
D 15. H-S Industrial Equipment, Inc.
Item No. 56, C.C.P., September 15, 1992
Claim for three sections of shelving for the Records Management Program in City
Hall in a prior fiscal year.
$201.00
D 16. Jaeckle, Fleischmann & Mugel
Claim for professional legal services rendered to the Department of Law in a
prior fiscal year. $1,334.25
D 17. Lawyers Cooperative Publishing
Claim for services rendered to the Department of Law in a prior fiscal year for
legal publications. $747.85
D 18. Ramesh Luther, M.D.
Claim for medical services rendered to the Civil Service Commission in a prior
fiscal year. $145.00
D 19. MCK Equipment Corporation
Claim for services rendered to the Department of Street Sanitation in a prior
fiscal year. $948.44
D 20. Offermann, Mahoney, Cassano, Pigott, Greco & Whalen
Claim for professional legal services rendered to the Department of Law in a
prior fiscal year. $ 4,643.08
D 21. Safety-Kleen Corporation
Claim for mechanical services rendered to the Division of
Parking Enforcement in a prior fiscal year. $ 279.75
D 22. Shepard's/McGraw-Hill, Inc.
Claim for services rendered to the Department of Law in a prior fiscal year for
legal publications. $ 352.80
D 23. Thompson Publishing Group
Claim for services rendered to the Division of Labor Relations in a prior
fiscal year for the publication American Disabilities Act Compliance Guide.
$253.50
D 24. West Publishing Company
Claim for services rendered to the Department of Law in a prior fiscal year for
legal publications. $ 1,112.00
D 25. Xerox Corporation
Claim for services rendered to the Police Department in a prior fiscal year.
$ 267.51
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0.
No. 85
MISCELLANEOUS REFUND/REIMBURSEMENT
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1. John E. Clark
Dave Spencer Auto Repair
Claim for reimbursement for a 1984 Chevrolet and expenses incurred for a
vehicle that was purchased by the claimant from a City auction which was found
to be a stolen vehicle. $1,463.00
E 2. Shea's Buffalo
Claim for a refund of an Amusement License Fee issued by the City to Shea's for
a concert "LYNDON" that was never held.
$105.00
There are no Insurance Companies involved in the settlement of the above claims
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0.
No. 86
MISCELLANEOUS PAYROLL
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F 1. Donald Murcko
Claim for payment to a City retiree in lieu of medical insurance from a prior
fiscal year. $480.00
F 2. Mary Pat Schuster
Claim for payment to a City employee in lieu of medical insurance in a prior
fiscal year. $660.00
F 3. Aloysius A. Skierczynski
Claim for payment to a City retiree in lieu of medical insurance in a prior
fiscal year. $120.00
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 12 NOES- 0.
No. 87
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Claims Committee, the following
claims be paid:
G 1. Michael E. Culligan
Claim for elm leaf beetle damage to Mr. Culligan's home at 199 Potters Road.
$124.80
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 12 NOES- 0.
No. 88
REPORT TO CLAIMS COMMITTEE
G 2. Edward French
Item No. 73, C.C.P., September 1, 1992
This is a claim for a lump sum settlement of a Compensation Claim to an injured
employee from the Division of Water. He is classified as having a permanent
partial disability.
This claim is a Compensation matter and not a Claims matter and is being placed
on the Agenda for discussion.
That the above item be, and the same hereby is, referred to the Finance
Committee.
ADOPTED.
No. 89
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Claims Committee, the following
claims be paid:
G 3. James Hilliard
Claim is for damage to claimant's driveway by a City snowplow on March 13, 1992
at 332 Okell Street. $275.00
G 4. Paul Larkin
Claim of a City employee for tools stolen from the Broadway Garage on June 23,
1992. $444.69
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
*AYES- 12 NOES- 0
* Councilmember LoTempio voted in the negative on G-4 Claim of P. Larkin
only.
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 90
Appointment
Human Resources/Case Manager
That Communication No 106 Sep 1, 1992 be received and filed and
the Permanent appointment of Kathleen Cunningham-Isch stated above at the
Maximum salary $23,652.00 effective on Aug 24, 1992 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 91
Appointment
Public Works/Caulker
That Communication No. 36 Sep 15, 1992 be received and filed and
the Permanent appointment of Salvatore Abbate, Jr. stated above at the
Intermediate salary $23,593.00 effective on Sep 15, 1992 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 92
Appointment
Public Works/Caulker
That Communication No 37 Sep 15, 1992 be received and filed and
the Permanent appointment of Francis Macri, III stated above at the Maximum
salary $24,483.00 effective on Sep 7, 1992 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 93
Appointment
Street Sanitation/Laborer II
That Communication No 53 Sep 15, 1992 be received and filed and
the Permanent appointment of Paul S. Larkin stated above at the Maximum salary
$10.25 Per hour effective on Aug 31, 1992 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 94
Financial Plan Commission/Review Of Buffalo Fire Dept.
(Item # 120 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Comments On Propose RFP (Fire)
(Item # 40 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Authorize RFP For Fire Department Operation (CC)
(Item # 45 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Local 282/ Request For Meeting
(Item # 64 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Delaware Park Casino Assignment of Lease
(Item No. 43, C.C.P., 7/21/92)
(Item No. 91, C.C.P., 9/15/92)
That Mayor be and he hereby is authorized to enter into an amendment
to the lease agreement with Parker Bay Consultants, Inc. ("Parker Bay") for the
Delaware Park Casino such that Parker Bay may assign its interest in such lease
to a corporation under the control of Albert J. Gilewicz, provided, however,
that no further assignments shall be authorized by such amendment, and the form
and content of such amendment shall be approved by the Corporation Counsel.
PASSED.
AYES- 12 NOES- 0.
No. 99
New York State Thruway Authority
I-190 Niagara Thruway Reconstruction
(Item No. 101, C.C.P., May 26, 1992)
(Item No. 141, C.C.P., Jun 7, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
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 during 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.
PASSED.
AYES- 12 NOES- 0.
No. 100
Bids - Citywide Tree Trimming 1992
Reject Low Bid
Item No. 38, C.C.P., Sept. 15, 1992)
That the Commissioner of Parks be, and he hereby is authorized
to award contract for Tree Trimming 1992 to Advanced Tree Service, Inc., in the
amount of $27,875.00 . Funds for this work are in the 60-1 Parks
100-601-012-00-583.
PASSED.
AYES- 12 NOES- 0.
No. 101
Bids - Citywide Tree Removal 1992
Reject Low Bid
(Item No. 39, C.C.P., Sept. 15, 1992)
That the Commissioner of Parks be, and he hereby is authorized
to award contract for Citywide Tree Removal 1992 to C. Mays Tree Experts, Inc.,
in the amount of $66,675.00 . Funds for this work are in the 60-1 Parks
109-601-012-00-583. Inasmuch as the funds in this account are not sufficient,
the Commissioner of Parks is authorized to negotiate a contract for $60,475.00
based on the unit prices submitted by C. Mays Tree Experts, Inc.
PASSED.
AYES- 12 NOES- 0.
No. 102
Willert Playground Improvements
(Item No. 51, C.C.P., Sept. 15, 1992)
That the Commissioner of Community Development be, and he hereby
is authorized to award contract for Willert Playground Improvements, to
American Paving and Excavating, the lowest responsible bidder, in the amount of
$66,775.00. The Commissioner of Community Development is also authorized to
accept for the project $18,400 in block grant funds (account No. 90-15201) to
be added to the funds in the bond account (No. 200-717-088) so the project can
be incumbered. Funds for this work are in the Bond Fund 200-717-088.
PASSED.
AYES- 12 NOES- 0.
No. 103
Fire House Vending Machines
(Item No. 123, C.C.P., 9/1/92)
That the Commissioner of Fire be and he hereby is authorized to
enter into an agreement with the Muscular Dystrophy Association and the Folz
Vending Machine Co., Inc. for the provision of vending machines in the City's
firehouses.
Mr. Pitts moved to recommit the above item to the Committee on Finance.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
No. 104
Vending Machines In fire Houses (Fire)
(Item # 41 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Pitts now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 105
Vending Machines In Fire Houses (CC)
(Item # 46 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Pitts now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 106
Demolition Liens - Saints Home Church God in Christ
(Item No. 112, C.C.P., 7/7/92)
That the Assessor be and he hereby is authorized to compromise
and remove the outstanding demolition liens on the property at West Ferry
Street and Norwood Avenue and owned by the Saints Home Church God in Christ
upon the payment to the City of Buffalo of $20,000.
PASSED.
AYES- 12 NOES- 0.
No. 107
Compromise Demolition Lien/536 W. Ferry (CC)
(Item # 78 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Compromise Demolition Lien/536 W. Ferry (ICR)
(Item # 102 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Grass Cutting Charges - 160 Maple
(Item No. 222, C.C.P., 7/21/92)
That the grass cutting charge for 160 Maple Street in the amount
of $50.00 be and it hereby is abated and canceled, and that the City Clerk
shall send notice of such abatement and cancellation to the Department of
Assessment, the Department of Streets and Sanitation, the owner of 160 Maple
Street, and any collection agency retained to collect such charge.
PASSED.
AYES- 12 NOES- 0.
No. 110
Cancellation Of Assessment/160 Maple (Assmt)
(Item # 42 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 111
Awning Installation For Chase Bank
295 Main Street (Ellicott Square Building)
Item No. 121, C.C.P., SEPT. 1, 1992
That after a public hearing held on the 22nd day of September,
1992 before the Committee on Legislation, concerning the appeal by the Ellicott
Development Company from the Buffalo Preservation Board's rejection regarding
the installation of awnings at the Ellicott Square Building, the decision of
the Preservation Board be and hereby is reversed pursuant to Section 337-26 of
the Buffalo Code for the following reasons:
The awnings under consideration will not detract from the appearance of
the building and will be compatible with the surrounding structures and with
the building's original architectural style and character.
PASSED.
AYES- 12 NOES- 0.
No. 112
R. Greiner - Rezone 3 Heussy To R2
Item No. 142, C.C.P., Sept. 1, 1992
That the above item bed and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to receive and file the above item.
ADOPTED.
No. 113
R. Greiner/Rezone 3 Heussy To R2 (CPBD)
(Item # 9 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
General Portland Inc./LaFarge Corp., Owner, Petition To Use
575 Ohio Street For A Storage Building
(Item No. 69, C.C.P. Sept. 15, 1992)
That after a public hearing before the Committee on Legislation
on September 22, 1992, the petition of General Portland Inc./LaFarge
Corporation, owner, for permission to use 575 Ohio Street for a storage
building for cement be and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 115
Hearing - Review Of Downtown Zoning Regulations
Item No. 177, C.C.P., Sept. 15, 1992
That this Common Council will undertake a full review of the
effectiveness
of the regulations contained in Section 511-72, relating to the Residential
Restricted District and after such review will make a determination to Reenact,
Modify or Repeal such regulations.
ADOPTED.
No. 116
Jubilee Foods, Owner, Petition To Use
400 Kenmore Avenue For A Pole Sign
(Item No. 137, C.C.P. Sept. 1, 1992)
That after a public hearing before the Committee on Legislation
on September 22, 1992, the petition of Jubilee Foods, owner, for permission to
use 400 Kenmore Avenue for a pole sign be and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 117
Landmark Designation 44 Breckenridge
Item No. 95, C.C.P., Oct. 29, 1991
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing held by the Committee on Legislation on
September 22, 1992, Breckenridge Street Church at 44 Breckenridge Street be
designated as a local historic landmark, pursuant to Section 8 of Chapter 337
of the Preservation Standards of the Buffalo Code; and
That this designation is made upon due consideration of the reports of
the Buffalo Preservation Board and its Landmark Designation Committee which
reports are hereby approved and adopted; and
That this designation is made in accordance with the criteria set forth
in the Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons
set forth in the reports of the Buffalo Preservation Board and its Landmark
Designation Committee; and
That the Secretary of the Preservation Board be and hereby is directed to
file the property description with the City Clerk, the Director of the Planning
Board and with the Department of Public Works; and
That the Corporation Counsel be and hereby is directed to file a
description or map of the property with the Erie County Clerk's Office.
Mr. Coppola moved to receive and file the above item; seconded by Mr. Bell.
Mr. Franczyk moved to amend and approve the item; seconded by Mrs. LoTempio.
PASSED.
AYES- ARTHUR, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- AMOS, BELL, COPPOLA- 3.
No. 118
Designate 44 Breckenridge As Landmark (#137 10/29)
(Item # 127 C.C.P., Sep 15, 1992 )
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Buffalo Fire Historical Society/
Request Easement 1850 William
(Item # 122 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Fire Historical Society/1850 William (CC)
(Item # 48 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
904 Elmwood - Requests Permission
To Install A Sidewalk Cafe
Item No. 134, C.C.P., Sept. 15, 1992
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mrs. Marilyn Thomasula, owner of Marilyns Deli,
located at 904 Elmwood Avenue, to install a sidewalk cafe which would encroach
city right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed ten 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) construction in street bond which will indemnify and save harmless the
City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
PASSED.
AYES- 12 NOES- 0.
No. 122
Deny 2-way Traffic Humboldt/Northampton (PW)
(Item # 34 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
WZKL Block Club/Problems In Neighborhood
(Item # 114 C.C.P., Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Erie County Central Police Services/911 Response Time
(Item # 107 C.C.P., Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Citizen Complaints Of Police Department (Police)
(Item # 44 C.C.P., Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Council Of Churches/Police Department Complaint Process
(Item # 169 C.C.P., Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
NYCLU/Clarify Complaint Process
(Item # 170 C.C.P., Jul 71 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
S. Almond/Police Action Drug Activity/Northumberland
(Item # 143 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
NFTA/Intended Improvement To Outer Harbor
(Item # 129 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
V. Nelson/Impartial Board To Oversee Union Trial
(Item # 126 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Impartial Board For Union Trial (Fire)
(Item # 42 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Impartial Board For Union Trial (CC)
(Item # 47 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Appointment/Board Of Stadium & Auditorium (Mayor)
(Item # 2 C.C.P., Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Appointment/Advisory Committee/Handicapping Conditions
(Item # 7 C.C.P., Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Appointment/Improvement Advisory Board (Mayor)
(Item # 1 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 136
High Rate Of Minority Rejection
(Item # 136 C.C.P., Oct 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
WNY EDC/Project Plan/Lawless Container
(Item # 68 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Single Audit/Federal, State, County Grants
(Item # 156 C.C.P., Jul 71 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CATV
HON. JAMES W. PITTS
CHAIRMAN
No. 139
Establishment Of CATV Committee (BD. ED.)
(Item # 61 C.C.P., Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
B. Rowe/Proposed Purposes Of
Board Of Education CATV Comm.
(Item # 84 C.C.P., Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
PAPB/Board Minutes
(Item # 66 C.C.P., Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Status/Cable Equipment In Storage (GS)
(Item # 78 C.C.P., Mar 17,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
BCAM/Status of Cable Equipment
(Item # 77 C.C.P., Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
BCAM - Revised 1992-93 Operating Budget
Item No. 103, C.C.P., July 7, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the BCAM revised budget as contained in Item No. 103, C.C.P., July
7, 1992 be and hereby is Received and Filed.
ADOPTED.
No. 145
BCAM - Budget 1992-93
Item No. 87, C.C.P., June 23, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 146
Info - BCAM - Budget (CC)
Item No. 61, C.C.P., July 7, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 147
BCAM - Amend/Clarification Of Revised Budget
Item No. 105, C.C.P., July 21, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 148
Comments - BCAM Budget (Compt)
Item No. 35, C.C.P., July 21, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
RESOLUTIONS
No. 149
BY: MR. ARTHUR
COUNCILMEMBER COLLINS EXCUSED FROM MEETING
NOW THEREFORE BE IT RESOLVED:
That Councilmember David A. Collins be and is hereby excused from the September
29, 1992 Common Council meeting due to personal reasons.
ADOPTED.
No. 150
BY: MR. BAKOS
REDUCED PARKING FOR BAWNY - EXCELSIOR APARTMENTS
WHEREAS: The Blind Association of Western New York, Inc., has received
a fund reservation from the United States Department of Housing and Urban
Development (HUD) to construct and operate a 24 unit apartment development for
elderly and handicapped persons and
WHEREAS: The HUD section 202 program permits occupancy only by persons who
meet the HUD elderly or handicapped eligibility requirements; and
WHEREAS: Article XIX, "Off-Street Parking and Loading," Section 511-96,
Subsection (D)(2) of the Zoning Ordinance provides that the Common Council may
reduce the parking requirements of Subsection (A) to not less than forty
percent (40%); and
WHEREAS: Thirteen parking spaces are proposed by the owner; and
WHEREAS: These 13 spaces exceed the 40% requirement by 3 spaces; and
WHEREAS: HUD requires that permission such as that provided by this
resolution be in place at this time;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council hereby adopts the policy of reducing the parking
requirement for this apartment building to a minimum of 10 spaces; and
BE IT FURTHER RESOLVED:
That this resolution shall enure to the benefit only of the apartment building
to be known as Excelsior Apartments, HUD Project Number 014-HH001CA which will
be owned by the BAWNY Housing Development Fund Corporation, a New York State
not-for- profit corporation created and supervised by the Blind Association of
Western New York, Inc. Said apartments are to be located at 122-124 Central
Avenue, Buffalo, New York 14212; and
BE IT FINALLY RESOLVED:
That the City Clerk forward a certified copy of this approved resolution to Dr.
Ronald B. Maier, President of the Blind Association of Western New York, Inc.,
1170 Main Street, Buffalo, New York 14222.
PASSED.
AYES- 12 NOES- 0.
No. 151
BY: MESSRS. BAKOS, ARTHUR, BELL, AMOS, FRANCZYK, PERLA, ZUCHLEWSKI
& MRS. LOTEMPIO
MEMORIALIZE THE STATE LEGISLATURE TO ENACT LEGISLATION WHICH WOULD
ELIMINATE EXEMPTIONS TO MUNICIPAL RESIDENCY REQUIREMENTS FOR ALL MUNICIPAL
EMPLOYEES
WHEREAS: Governor Cuomo urged residency requirements for uniformed
employees in New York City but excluded other cities in the state. The Buffalo
Common Council has memorialized the State Legislature a number of times over
the past twenty years to eliminate exemptions to municipal employees
requirements for all municipal employees presently under the New York State
Public Officers Law; and
WHEREAS: Under the present New York Public Officers Law, Section 3,
Qualifications for Holding Office, members of the uniformed police department,
fire department, and streets and sanitation departments are exempted from any
City residency requirements; and
WHEREAS: The New York State Assembly is presently considering Bill 5611-c
which gives a City within the State of New York with a population of one
million or more the authority to be exempt from the Public Officers Law
requiring any person wanting employment within that municipality be a resident
and remain a resident and shall vacate his/her position upon ceasing to be an
inhabitant of such City; and
WHEREAS: The City of Buffalo being the second largest City in New York
State with 328, 123 (1990 Census) citizens also requests to be specifically
included in the amendment to the Public Officers Law presently before the
Assembly; and
WHEREAS: The City of Buffalo may not limit application for appointment to
its police, fire, and sanitation departments to only city residents, but can
show preference when it comes to hiring those who reside within the City of
Buffalo; and
WHEREAS: Even though the city attempts to hire individuals who reside
within the city, an individual who obtains permanent status employment with the
Police, Fire, or Sanitation department is allowed by law to move outside the
city limits; and
WHEREAS: The present exemptions were inspired by war time and post-war
conditions when there was a shortage of qualified persons to fill these
positions; and
WHEREAS: Present exemptions are no longer realistic, since whenever there
is an announcement for an examination for any of these departments, thousands
of individuals apply for the Civil Service examination to qualify for the
position, therefore showing there is no longer a shortage of qualified persons
to fill these positions; and
WHEREAS: The City of Buffalo continues to experience a dramatic decrease
in the number of middle income families; and
WHEREAS: The present breakdown of employees living outside the city and
their salaries in the Police, Fire and Sanitation Departments is:
- 40% (or 469 employees) of the Police department live outside the City of
Buffalo with $15,072,282 in salaries;
- 46% (or 458 employees) of the Fire department live outside the City of
Buffalo with $15,029,362 in salaries;
- 18% (or 75 employees) of the Sanitation department live outside the City
of Buffalo with $1,694,242 in salaries;
WHEREAS: There are many quantifiable benefits to require residency. A few
of these benefits would include:
1. an increase in the number of middle income families in the city;
2. municipal employees who reside in the community show a greater commitment
and greater sense of pride in their employment and community;
3. an increase in the need for new housing;
4. an increase in owner occupied homes (therefore potentially reducing the
number of absentee landlords throughout the City);
5. neighborhood businesses would experience an increase in business;
6. more middle income families would have family reasons to care about the
school system; and
WHEREAS: This is recognition that those employees who are currently
covered under the Public Officers Law be grandfathered in; and
WHEREAS: The present economic status of the City of Buffalo should be
heavily weighed when these decisions are addressed. Long term effects of
residency requirements can be very beneficial for the city.
NOW, THEREFORE, BE IT RESOLVED THAT: The Common Council of the City of
Buffalo memorialize the State Legislature to enact legislation which would
eliminate exceptions to municipal residency requirements for the City of
Buffalo for all municipal employees presently under the New York Public
Officers Law, effecting those hired after the date of the enactment of said
law; and
BE IT FURTHER RESOLVED: That the City Clerk forward certified copies of
this memorialization to Governor Cuomo, the Clerk of the Assembly, the
Secretary of the State, members of the Western New York Delegation and the
Buffalo Financial Planning Commission.
ADOPTED.
No. 152
BY: MESSRS. BELL AND COLLINS
IMPROVEMENTS AT EAST UTICA P.A.L.
WHEREAS: The City of Buffalo owns the old East Utica PAL; and
WHEREAS: The Department of Human Resources would like to place two new
programs in that facility; and
WHEREAS: The new programs, one for the youth of the area and the other a
drug awareness program, are much needed in the community; and
WHEREAS: The building is in need of emergency repairs such as new windows to
allow these programs to be housed at this facility; and
WHEREAS: $56,000 has been earmarked for these repairs.
NOW, THEREFORE, BE IT RESOLVED:
That the Department of Public Works immediately undertake the task of
renovating the East Utica PAL for the purpose of housing the above programs;
and
BE IT FURTHER RESOLVED:
That the funds for the renovation of the East Utica PAL come from bond accounts
200-402-033 and 200-402-061.
ADOPTED.
No. 153
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS CAPITAL
PROJECTS FUND DIVISION OF BUILDINGS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$5,000 be and the same is hereby transferred from the Reserve for Capital
Improvements in Appropriation Allotments - Exempt Items and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $5,000
To:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $5,000
From:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $5,000
To:
200 Capital Projects Fund
40-2 Division of Buildings
033 - Massachusetts Community Center $5,000
PASSED.
AYES- 12 NOES- 0.
No. 154
BY: MR. COLLINS
TRANSFER OF FUNDS APPROPRIATION ALLOTMENTS EXEMPT ITEMS - WATER
CAPITAL PROJECTS FUND -ENTERPRISE FUND - WATER
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$94,800 be and the same is hereby transferred from the Reserve for Capital
Improvements in Appropriation Allotments - Exempt Items -Water and said sum is
hereby reappropriated as set forth below:
FROM:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $94,800
TO:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $94,800
FROM:
81-8 - Interfund Transfers
010 - Transfer to Capital Projects Fund $94,800
TO:
415 Capital Projects Fund - Enterprise Fund
98-0 - Division of Water
025 - Plans & Specs for Alum
Treatment Disposal Facilities $94,800
PASSED.
AYES- 12 NOES- 0.
No. 155
BY: MR. COLLINS
INCREASED APPROPRIATION-APPROPRIATION ALLOTMENTS RESERVED FUND
BALANCE- DIVISION OF ENGINEERING
That, pursuant to section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Engineering be and the same hereby is increased in the
sum of $8,000.
That the Comptroller be and hereby is authorized and directed to transfer
the sum of $8,000 from 100-890-050 - Reserved Fund Balance for Capital Budget
Appropriations to meet this increased appropriation as set forth below:
To:
100 General Fund
40-1 - Division of Engineering
085 - Capital Outlay
982 - Operating Equipment
Electrical Outlets for
Festoons for the Riverside Community $8,000
PASSED.
AYES- 12 NOES- 0
No. 156
BY: MR. COLLINS
RED RIBBON WEEK
WHEREAS: The abuse of alcohol and other drugs in this nation has
grown to epidemic proportions, and those in the 15- to 24-year-old age groups
are dying at a faster rate than those of other ages; and
WHEREAS: It is important that visible, unified prevention education efforts
by community members be launched to reduce the demand for drugs; and
WHEREAS: Although much progress is being made in the effort against drug and
alcohol abuse by numerous concerned organizations and individuals in this area,
the entire community needs to become united in the determination to rid us of
the drug problem; and
WHEREAS: Now in its fifth year, the national Red Ribbon campaign is an
effort to focus attention on the drug and alcohol problems facing communities
across the country; and
WHEREAS: Sponsored locally by Western New York United Against Drug and
Alcohol Abuse, this year's Red Ribbon activities will take place from Saturday,
October 24 to Sunday, November 1, 1992, with "Wear Red Day" scheduled for
Wednesday October 28, 1992; and
WHEREAS: The entire Western New York community is urged to demonstrate its
commitment to drug-free, healthy lifestyles by wearing and displaying red
during this campaign;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council encourages the citizens of the City of Buffalo to
participate in drug education and prevention activities to make a visible show
of support for our strong commitment to a drug-free community during Red Ribbon
Week, October 24 through November 1, 1992.
ADOPTED.
No. 157
BY: MR. COPPOLA
CHANGE PARKING REGULATIONS ON LINWOOD TERRACE
WHEREAS: The residents on Linwood Terrace have overwhelmingly endorsed
the change in parking regulations from Alternate I to Alternate II and have
submitted a petition to the Department of Public Works; and
WHEREAS: Their request for change was denied by the Commissioner because the
Street Sanitation Department objected; and
WHEREAS: Linwood Terrace is a short, dead end street with inadequate legal
parking spaces; whatever spaces are available are quickly taken up by Millard
Fillmore Hospital employees and visitors; and
WHEREAS: Because of the special problems experienced by the residents of
Linwood Terrace, it would be beneficial for them if the Traffic Engineering
Department and Street Sanitation Department reassessed this recent decision and
allowed the regulations to be changed back to Alternate II.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Division of Traffic Engineering and
Street Sanitation Department reassess the decision to deny the request of
neighborhood residents to change parking regulations on Linwood Terrace back to
Alternate II.
ADOPTED.
No. 158
BY: MR. COPPOLA
REQUEST INFO ON AGREEMENT WITH NY TELEPHONE ON PAYPHONE INSTALLATION
WHEREAS: The City of Buffalo earns a commission from all pay phones
installed within city limits, whether owned by New York Telephone or other
private concerns; and
WHEREAS: While private communication firms must seek Common Council approval
for potential pay phone locations, New York Telephone does not; and
WHEREAS: If New York Telephone has carte blanche to install pay phones
anywhere without Common Council approval, then all communication companies
should be granted the same privileges.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Corporation Counsel and Phillip Nasca
respond to the following questions:
1. What kind of agreement does New York Telephone have with the City of
Buffalo regarding the installation of pay phones?
2. Why do private communication companies need Common Council approval for
potential pay phone locations when New York Telephone does not?
3. What percentage of revenue does New York Telephone pay to the city as
opposed to the other communication companies?
BE IT FURTHER RESOLVED THAT
The Comptroller's Office inform this Council on any audits performed regarding
the installation of private pay phones and revenues due the City.
ADOPTED.
No. 159
BY: MESSRS. COPPOLA AND BAKOS
REQUEST 1% SHARE FROM COUNTY
WHEREAS: Our children are our greatest asset; and
WHEREAS: Because of a budget shortfall, the Board of Education eliminated
115 teacher aide positions from the early childhood centers; and
WHEREAS: The early childhood concept required that one teacher and one aide
be assigned to a classroom; and
WHEREAS: For the city's award winning early childhood program to continue as
it was originally designed, it is imperative that the teacher aide positions be
reinstated, otherwise the program will become less effective and possibly
become a negative experience for the children and teachers alike; and
WHEREAS: Erie County is presently preparing next year's budget; and
WHEREAS: If the County would share with the City its part of the extra 1%
tax, the City could dedicate that amount to the Board of Education, which would
help eliminate harmful budget cuts.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the Erie County Legislature take the
necessary steps during current budget preparation to share with the City of
Buffalo its part of the extra 1% tax, which could then be dedicated to the
Board of Education.
ADOPTED.
No. 160
BY: MR. FAHEY
ADDITIONAL APPOINTMENT TO THE
LEAD ACTION TASK FORCE
WHEREAS: The Joint City-County Lead Action Task Force has been
making steady progress in formulating plans to aid local governments in
combatting lead poisoning; and
WHEREAS: Crystal Peoples, Regional Director of Citizen Action of New York
has been contributing to the work of the Task Force and would make a valuable
Task Force member due to her expertise and the resources of her organization;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints Crystal Peoples of 73 Sussex Avenue,
Buffalo, NY 14215 to the Joint City-County Lead Action Task Force:
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send certified copies of this resolution to the
above listed individual and to the offices of Assemblyman Arthur O. Eve and
County Legislators Joan K. Bozer and Roger I. Blackwell.
ADOPTED.
No. 161
BY: MESSRS. FAHEY AND PERLA
SET PUBLIC HEARING -PROBLEMS- ADVENTURE CLUB 124 ELMWOOD
WHEREAS: The Adventure Club located at 124 Elmwood Avenue has been
a major concern of neighborhood residents; and
WHEREAS: The Adventure Club is located within the Elmwood Avenue Special
Zoning District; and
WHEREAS: A meeting of the surrounding community held on September 21, 1992
spoke to many problems that have arisen since the opening of the club; and
WHEREAS: The Adventure Club has been granted all necessary permits except a
dance license; and
WHEREAS: A public hearing with all involved public officials in attendance
would give all interested parties the ability to voice their concerns;
NOW, Therefore BE IT RESOLVED:
That the Common Council hold a public hearing on the situation regarding the
Adventure Club on Thursday, October 15, 1992 at 7:00 p.m. in the Council
Chambers; and
BE IT FURTHER RESOLVED:
That the Corporation Counsel issue its opinion prior to this hearing on the
question of whether or not permits should have been issued, given the fact that
this location is within a special zoning district and as such is required to
ask the approval of the Common Council.
ADOPTED.
No. 162
BY: MESSRS. FAHEY, BELL AND MRS. LOTEMPIO
REQUEST AREA BANKS TO EXPLAIN MEASURES TAKEN TO REDUCE HIGH RATE
OF MORTGAGE REJECTIONS IN MINORITY COMMUNITY
WHEREAS: The Federal Reserve, late last year, released figures
showing that blacks are more likely to be rejected for mortgages than whites
throughout the nation; and
WHEREAS: The Federal Reserve statistics further indicate that blacks in the
City of Buffalo are four times more likely to be turned down than whites, a
difference higher than the national average; and
WHEREAS: The data collected from local mortgage lenders indicated that
residents of predominantly minority neighborhoods are turned down for mortgages
and home improvement loans far more frequently than residents of white
neighborhoods; and
WHEREAS: The inordinate rate of mortgage and loan rejections undermines the
goal of homeownership for all city residents and destroys Buffalo's ability to
preserve and maintain its neighborhoods; and
WHEREAS: The Economic Development Committee of the Common Council held a
Public Hearing on November 19, 1991 hearing statements from representatives of
Housing Opportunities Made Equal, regional office of the NYS Division of Human
Rights, and the Special Assistant to the Commissioner of the NYS Division of
Human Rights which corroborated the reports of the Federal Reserve and
newspaper accounts of lending discrimination; and
WHEREAS: Several months have passed since the Federal Reserve report
surfaced giving adequate time to rectify the alleged discriminatory lending
practices of same of the financial institutions; and
WHEREAS: The area mortgage and lending institutions have an obligation to
this community to publicly explain the measures taken to correct the seemingly
discriminatory practices cited by the Federal Reserve and to furnish lending
statistics to determine whether the measures are effective in reducing the rate
of minority mortgage and loan rejections;
NOW, THEREFORE, BE IT RESOLVED:
That the Economic Development Committee of the Common Council of the City of
Buffalo conduct a Public Hearing with representatives of the Mortgage Bankers
Association, the American Banking Association and local lending institutions to
illustrate measures taken to alleviate the high rate of mortgage and loan
rejections to minorities; and
BE IT FURTHER RESOLVED:
That upon determination of a date and time, the City Clerk be directed to
advertise said Public Hearing;
ADOPTED.
No. 163
BY: MESSRS. FAHEY AND AMOS
DISCHARGE LEGISLATION COMMITTEE
PERMITS FOR 3405 BAILEY AVENUE
(Item # 185, C.C.P., Sept. 15, 1992)
WHEREAS: Item # 185, C.C.P., Sept. 15, 1992 has been tabled by
the Common Council's Committee on Legislation; and
WHEREAS: It is no longer necessary for the item to be considered by that
Committee:
NOW THEREFORE BE IT RESOLVED:
That this Common Council does hereby discharge the Committee on Legislation
from further consideration of Item # 185, C.C.P., Sept., 15, 1992, Permits for
3405 Bailey.
Carried.
Mr. Fahey now moved that after a public hearing held on the 21st day of
September 21, 1992 before the Committee on Legislation, the Director of
Licenses be and hereby is directed to investigate the status of any licenses
and/or permits relating to property at 3405 Bailey Avenue and report to this
body on his findings and recommendations.
ADOPTED.
No. 164
BY: MR. HIGGINS
SUPPORT FOR THE JOBS FOR THE NEW, NEW YORK BOND ACT, PROPOSAL
NO. 1 ON THE NOV. 3 BALLOT
WHEREAS: The Jobs for the New, New York Bond Act, Proposal No.
1 on the November 3 ballot, would authorize the borrowing of $800 million to
put in place infrastructure that would revitalize industry and rejuvenate
unused property; and
WHEREAS: Together with local matching funding funds, the initial
infrastructure phase will generate up to $1.2 billion in new construction,
creating nearly 24,000 jobs for construction workers and in construction
related industries; and
WHEREAS: In addition, the $729 million in employee wages will circulate
throughout the economy as these workers pay their bills and make new purchases
pumping a total of $2.3 billion over the next few years into the State's
economy; and
WHEREAS: The economic challenges faced by our City and State call for an
infusion of action and activity to unite us in job creation, business activity
stimulation and tax revenue generation; and
NOW, THEREFORE BE IT RESOLVED:
That the Common Council of the City of Buffalo supports the Jobs for the New,
New York Bond Act and urges voter approval on Proposal No. 1 on the November 3
ballot.
ADOPTED.
No. 165
BY: MRS. LOTEMPIO
RESTRUCTURE SOLICITATION PERMITS TO INCLUDE DISCLOSURE STATEMENT
OF NON AFFILIATION OF SOLICITOR TO THE CITY
WHEREAS: In an age where crime is so prevalent, average citizens
no longer feel safe in the sanctity of their own home. People have become more
and more apprehensive to opening the door of their home to strangers and are
even more reluctant when these strangers are soliciting money from them for any
unknown cause; and
WHEREAS: Con-artists and rip-off scam artists in the charity business and
the home improvement sector are preying upon our citizenry through the phone
and door to door soliciting, thus adding to an already overwhelming crime
figure; and
WHEREAS: In efforts to protect the public, persons seeking solicitation
licenses in the City of Buffalo must follow guidelines and conditions for
soliciting funds from the public in general assembly or door to door in our
neighborhoods; and
WHEREAS: Regulations and requirements exist for identification,
investigation and work conditions mandated for individuals licensed by the City
of Buffalo to solicit funds; and
WHEREAS: Persons applying for solicitation licenses are required to file a
letter which explains the organization they are representing and also
-disclaiming that they are in any way affiliated with the City of Buffalo or
any other government agency; and
WHEREAS: This identification and disclaimer letter is required and should be
filed with the city along with the solicitor's application and surety -bond but
no requirements exist for a statement of disclaimer to be present for public
view; and
WHEREAS: A requirement for language disclaiming that the City of Buffalo is in
any way associated and does not endorse the product, service, charity or cause
the solicitor is presenting to the citizenry of the City of Buffalo should be
printed as part of the solicitation permit; and
WHEREAS: Guidelines mandating presentation of the solicitation permit with
disclaimer for public view would inform the citizenry that the solicitor is a
private entity with no connections to the city and free the city from being
misconstrued as endorsing or supporting a product, service, charity or cause
which the city may deem undesirable;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Director of Licenses to revise the present
City of Buffalo solicitation permit structure to include a disclaimer which
disassociates the City of Buffalo and clearly states that the City of Buffalo
in no way endorses the product, service, charity or cause being presented to
the public by the licensed solicitor; and
BE IT FURTHER RESOLVED THAT:
New guidelines mandating all solicitors to present their permits with
disclaimers for public view when attempting to solicit funds in general
assembly and door to door be added to the requirements and practices needed to
posses and maintain a solicitation license.
ADOPTED.
No. 166
BY: MR. PERLA
CREATE BUDGET COMMITTEE
WHEREAS: The City of Buffalo's most recent budget crisis has prompted
widespread concerns; and
WHEREAS: Various business and civic leaders are endeavoring to advise city
government regarding its organization and finances; and
WHEREAS: One such effort will culminate in formal recommendation for a "City
of Buffalo Financial Plan" dealing with departmental operations and budget
policies; and
WHEREAS: This Common Council must weigh the recommendations of the Buffalo
Financial Plan Commission and those of other groups and individual citizens
likewise concerned with the city's financial outlook and its capacity for
service delivery; and
WHEREAS: This Common Council should address these concerns in the most
orderly, deliberate and comprehensive manner possible;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council create a permanent budget committee that will conduct
hearings and review city revenues and operation policies for the purpose of
providing an accurate portrayal of the city's financial circumstances and
prospects and on-going analysis of city budget options and priorities; and
BE IT FURTHER RESOLVED:
That this budget committee will, based on its findings, recommend actions to
the Common Council that will advance the city's fiscal well-being and preserve
and improve city services in the long term.
REFERRED TO THE RULES COMMITTEE AND THE COUNCIL PRESIDENT.
No. 167
BY: MR. PITTS
INDEMNIFICATION OF THE BOARD OF EDUCATION AND ACCEPTANCE OF FUNDS
FOR THE LIGHTED SCHOOLHOUSE PROGRAM.
WHEREAS: The Common Council approved a resolution, C.C.P. # 138,
September 20, 1988 which authorized the Department of Human Resources, through
the Division For Youth and others to conduct Lighted Schoolhouse Programs; and
WHEREAS: Approval of each program must be authorized by the Common Council;
and
WHEREAS: The lighted Schoolhouse Program continues to be of great benefit to
the citizens of the City of Buffalo enabling citizens to utilize city school
buildings in the evening hours during the summer, holidays, weekends and on
other occasions; and
WHEREAS: Lighted Schoolhouse Programs will be conducted at the following
schools: Traditional, Campus East, East Side YMCA, MLK Casino, #37, MLK, #40,
#44, BUILD, #54, #56, #81, McKinley, #38, #45, #63, #28, #68 and Waterfront;
and
WHEREAS: The Common Council must also accept, on behalf of the City, the
funds allocated by the Buffalo Urban Renewal Agency as follows: September 10,
1992, Item 3L, in the amount of $234,329 for programmatic costs for the Lighted
Schoolhouse Program.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council authorizes the Department of Human Resources, through
the Division of Youth, various community corporations, civic organizations, and
other persons, firms, corporations, and agencies to conduct Lighted Schoolhouse
Programs provided that each program and its sponsor be first approved and
authorized by this Common Council, that such authorization and approval to be
communicated to the Buffalo Board of Education, and
BE IT FURTHER RESOLVED:
That the City of Buffalo, New York hereby agrees to indemnify and hold harmless
the Board of Education of the City School District of the City of Buffalo, New
York, of and from any and all manner of action and actions, cause and causes,
suits, debts, dues, sums of money, accounts reckoning, bonds, bills
specialties, covenants, contracts, variances, trespasses, damages, judgments,
extents, executions, claims and demands whatsoever in law or in equity on
account of the conduct of such Lighted Schoolhouse Programs undertaking, with
prior approval and authorization of the Common Council; and
BE IT FURTHER RESOLVED:
That the Common Council accepts funds allocated by the Buffalo Urban Renewal
Agency as follows: $234,329 for programmatic costs.
PASSED.
AYES- 12 NOES- 0.
No. 168
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
71 - DEPARTMENT OF COMMUNITY DEVELOPMENT
71 -1 DIVISION OF PLANNING
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 71-1 Division of Planning under the subheading
"001-Community Development Planning" which reads:
1 Historic Preservation Coordinator $37,419- 44,623
1 Project Coordinator $32,468- 38,089
is hereby amended to read:
2 Project Coordinator $32,468 - 38,089
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, SAMUEL F. IRACI, JR., Commissioner of Community Development and
THOMAS F. KEENAN, Director of the Budget, hereby certify that the deletion of
one (1) Historic Preservation Coordinator position and the creation of one (1)
Project Coordinator position is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 169
BY: MR. PITTS
SET PUBLIC HEARING:
VALLEY NEW HOUSING PROJECT AMENDMENT OF LAND DISPOSITION AGREEMENT BURKE
BROTHERS CONSTRUCTION, INC.
WHEREAS, Burke Brothers 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 an amendment to
the Land disposition Agreement which will include 834 South Park to Schedule A
of said LDA for the construction of two (2) additional units of residential new
housing known as the Valley New Housing Project in the Community Wide Urban
Renewal Demonstration Program Area bringing the total number of units to three;
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
2nd day of October 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 13th day of October 1992.
ADOPTED.
No. 170
BY: MR. PITTS
SET PUBLIC HEARING:
CLINTON-EMSLIE NEW HOUSING PROJECT PHASE I APPROVAL OF LAND DISPOSITION
AGREEMENT GAL/VAN DEVELOPERS, INC.
WHEREAS, Gal/Van Developers, 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 seventeen (17) residential units
of new housing known as the Clinton-Emslie New Housing Project Phase IC in the
Community Wide Urban Renewal Demonstration 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
2nd day of October 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 13th day of October 1992.
ADOPTED.
No. 171
BY: MR. PITTS
MEMORIALIZE CONGRESS - OVERRIDE VETO OF CABLE TV RE-REGULATION
BILL
WHEREAS: By wide margins in both the House and Senate, the United
States Congress recently approved legislation to re-regulate the cable
television industry; and
WHEREAS: Since cable television was deregulated five years ago cable prices
have risen over 50 percent nationally, more than three times the rate of
inflation; and
WHEREAS: The cable bill is designed to control basic service rates set
minimum customer service standards, and to encourage competition in the
industry; and
WHEREAS: The legislation passed in the House by a 74-25 vote and in Senate
by 280-128, a sufficient margin to override the anticipated presidential veto
if it remains unchanged; and
WHEREAS: The president's vetoes have been sustained 31 times, and the White
House has undertaken a concerted effort to persuade lawmakers to sustain this
expected veto; and
WHEREAS: This Honorable Body has previously gone on record in favor of cable
re-regulation;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council memorialize the United States Congress to override the
expected presidential veto of the cable TV re-regulation
BE IT FURTHER RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the Western New York delegation in the House of Representatives and the
United States Senators representing New York State.
ADOPTED.
No. 172
BY: MESSRS. ZUCHLEWSKI AND PERLA
REQUEST NEW YORK STATE CAMPUS POLICE TO PATROL BUFFALO STATE NEIGHBORHOOD
WHEREAS: The City of Buffalo has experienced an obvious increase
in street crime; and
WHEREAS: Efforts have been made by the Buffalo Police Department to step up
patrols in the city's neighborhoods while discussions and planning continue for
the implementation of a police department reorganization to further enhance
police visibility on the street; and
WHEREAS: The neighborhood surrounding the Buffalo State Campus is of
particular concern to the community because of the high concentration of
students residing therein; and
WHEREAS: Patrols by Campus Police, with the cooperation of the Buffalo
Police Department, in the neighborhood surrounding the college will strengthen
the police presence and alleviate some of the problems in that community; and
WHEREAS: The Buffalo Police and the New York State Campus Police, in a
cooperative effort, can determine the boundaries to be patrolled, develop a set
of guidelines for patrolling, decide what action should be taken, etc.; and
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo request that the New York State
Campus Police permit the Buffalo State College Police to patrol Buffalo streets
in the campus neighborhood subject to guidelines determined by the Buffalo
Police Department.
ADOPTED.
No. 173
BY: MESSRS. ZUCHLEWSKI AND PERLA
POLICE RESPONSE TO COLLEGE BEER PARTIES
WHEREAS: Each year as students return to Buffalo to attend some
of our fine institutions of higher learning, the neighborhoods adjacent to
these institutions naturally become a place for these students to take up
residence, and
WHEREAS: In order to reduce the cost of living off campus, several students
and sometimes entire fraternities will rent homes and apartments together, and
WHEREAS: When there is a large influx of young people under the pressure and
stress to do well in college in order to compete in our new global economy,
there are times when these young people need to release the tensions of
learning, and
WHEREAS: Since the legal age for drinking was raised to 21, house parties
have become more common in the college communities where no proof of age is
required, and
WHEREAS: Some parties have become so popular, it is common to attract
hundreds of people and to charge admission, and
WHEREAS: Unless the Police Vice Squad makes one of their irregular sweeps of
college parties, there is little or no police response to neighbors calls for
help, with some calls not even being dispatched,
NOW, THEREFORE, BE IT RESOLVED
That this Common Council request the Commissioner of Police to state what
the official policy is regarding responding to loud parties, why entire
neighborhoods cannot get a reasonable response to their calls to 911, and
suggestions to alleviate this problem in the future.
ADOPTED.
No. 174
BY: MR. ZUCHLEWSKI
FELICITATIONS AND/OR IN MEMORIAMS
Attached hereto are Felicitations or In Memoriams sponsored by
members of the Common Council:
Felicitation for 107th Anniversary of William-Emslie Y.M.C.A.
By Councilmember Pitts
Felicitation for Sharon R. Amos
By Councilmember Collins
Felicitation for International Amateur Jockey Challenge
By Councilmember Pitts
In Memoriam for Lynnette Marie Pugh
By Councilmember Pitts
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 175
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:
Denise Arnold
Tina Knight
TOTAL: 2
ADOPTED.
No. 176
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, OCT 6, 1992 9:30 AM
FINANCE Tuesday, OCT 6, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, OCT 6, 1992 2:00 PM
ECON DEV. Wednesday, OCT 7, 1992, 10:00 AM
No. 177
ADJOURNMENT
On motion by Mr. Fahey , Seconded by Mr. Amos, the Council adjourned
at 3:43 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.