HomeMy WebLinkAbout92-1027
No. 20
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 27, 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, October 27, 1992
at 2:00 P.M.
PRESENT David A. Franczyk, President Pro Tempore of the Council and Members
Amos, Bakos, Bell, Collins, Coppola, Fahey, Higgins, LoTempio, Perla, Pitts,
and Zuchlewski - 12.
ABSENT - President of the Council George K. Arthur- Acting Mayor-1.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held, October 13, 1992, were approved
FROM THE MAYOR
No. 1
Veto Message -Outstanding Demolition Liens
at W. Ferry and Norwood Avenue
Item No. 106, C.C.P., 9/29/92
I am returning the above-referenced item vetoed. The Corporation
Counsel has advised me that a compromise of our demolition lien without fair
consideration is an unconstitutional gift of public funds. The Corporation
Counsel has proposed to the district councilmember most directly concerned an
arrangement which would provide consideration to the City and avoid such an
unconstitutional gift. I suggest that you pursue the proposal of the
Corporation Counsel.
Mr. Fahey moved to Override the Mayor's Veto of the Compromise of
Demolition Liens at W. Ferry Street and Norwood Avenue (Item No. 106, C.C.P.
September 29, 1992). Seconded by Mr. Zuchlewski.
REPASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11
NOES- HIGGINS- 1
No. 2
Appointment of Member of Buffalo Preservation Board
Pursuant to the powers vested in me by Article Il, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, Peter F. Hunt, residing at 6 Middlesex
Road, Buffalo - 14216, as a member of the Buffalo Preservation Board effective
October 12, 1992 for a term expiring August 31, 1995. Peter F. Hunt will
succeed James F. Forton whose term has expired, as a City-at-Large appointee to
the Buffalo Preservation Board.
Peter F. Hunt is President/Chief Executive Officer of the Hunt Real
Estate Corporation, Buffalo, NY. Mr. Hunt, a licensed appraiser of Real Estate
Since 1977, is licensed as a real estate salesperson in New York State since
1971.
Peter E. Hunt is a graduate of Amherst Central High School and of St.
Lawrence University, Canton, New York where he earned a B.S. in Government in
1975.
Mr. Hunt is very active in many community, professional and cultural
organizations:
- Board of Directors of YMCA
- Board of Trustees - Theodore Roosevelt Inaugural National Historic Site
- Member - Young Presidents Organization
- Vice Chairman - Board of Trustees - Daeman College
- Buffalo 2000 Board of Directors
- Past President and Charter member of Board of Directors of the Buffalo
Renaissance Foundation
- President, Central Park Men's Club (1989-1990)
- Area Director of Development for St. Lawrence University
- Chairman - Adult Education, Central Park United Methodist Church Buffalo
(1987-present)
- Past member Professional Standards Committee (Greater Buffalo Association
of Realtors)
I hereby certify that Peter F. Hunt is fully qualified to serve as a
member of the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Weed and Seed Initiative
This Spring the Department of Law was approached by the United
States Department of Justice in order to see if the City would like to lend its
resources to increase the number of properties which could be the subject of
federal drug house forfeiture proceedings. In exchange for managing properties
seized by the Federal government pending the forfeiture proceeds, the City will
be given title to these properties upon forfeiture. The houses can then go
into our urban homestead program and be a positive contribution to neighborhood
revitalization.
The attached Memorandum of Understanding is submitted for your approval.
It has been reviewed by the Department of Audit and Control, Police,
inspections and Community Revitalization, Community Development and Law and has
gone through substantial redrafts from the initial proposed by the U.S.
Attorney. Notably, the City would keep all rental revenues, need not take any
occupied property which is unsafe or hazardous and is not required to make
unoccupied properties habitable.
By this joint effort, the Federal government will be able to respond more
effectively to Buffalo Police Department requests for drug houses to be seized.
The U.S. Marshall's Service would otherwise have to manage these properties, a
role they are not used to or necessarily equipped to handle on an expanded
basis. Further protection is afforded by our insistence that the City can, if
it chooses, to limit involvement in the program to 10 houses per year and,
since forfeited houses are subject to existing mortgages, reject title to
houses where the mortgage exceeds 70% of appraised value.
I strongly recommend your approval of our participation in this valuable
and needed program.
Mr. Fahey moved:
That the above communication from the Mayor, be and the same hereby is
received and filed; and
That the Mayor, the Comptroller and the Corporation Counsel be and they
hereby are authorized and directed to execute the Memorandum of Understanding
Concerning the Seizure and Forfeiture of Real Property Used for Drug
Trafficking in the City of Buffalo between the City of Buffalo, the United
States Attorney's Office and the United States Marshals Service substantially
in the form as such Memorandum of Understanding was submitted to the Common
Council.
PASSED.
AYES- 12 NOES- 0
FROM THE MAYOR EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 4
F. Yartz - Request to Encroach the Right-of-Way of 517-519 Ellicott St.
(Item No. 36, C.C.P., September 29, 1992)
The City Planning Board at its regular meeting held Tuesday, October
20, 1992, considered the above request pursuant to Section 413-67 of the
Buffalo Code, Review of Right-of-Way Encroachments.
The applicant seeks to place three doors which will open onto the
right-of-way to a maximum of 3 feet 6 inches into the public right-of-way.
The Planning Board voted to receive and file this request since Your
Honorable Body has already approved the matter (Item No. 120, C.C.P., October
13, 1992).
RECEIVED AND FILED.
No. 5
J. Storm - Request to Install a Ramp for Handicapped Individuals in the
Right-of-Way of 2495 Main St.
(Item No. 37, C.C.P., September 29, 1992)
The City Planning Board at its regular meeting held Tuesday, October
20, 1992, considered the above request pursuant to Section 413-59.1 of the
Buffalo Code, Review of Handicap Ramps.
The applicant seeks to erect a ramp for handicapped individuals in the
city right-of-way. The ramp will be 20 feet long and project 9 feet into the
right-of-way.
The Planning Board voted to receive and file the request since Your
Honorable Body has already approved the matter (item No. 121, October 13,
1992).
RECEIVED AND FILED.
No. 6
L. Hutchins - Request to Place a Projecting Sign in the Right-of-Way of 650
Broadway.
(Item No. 25, C.C.P., October 13, 1992)
The City Planning Board at its regular meeting held Tuesday, October
20, 1992, considered the above request pursuant to Section 413-67 of the
Buffalo Code, the Review of Encroachments.
The applicant seeks to place a vertical projecting sign in the
right-of-way. The sign will be 21 feet in height and will be 2 feet in width.
The face area of the proposed sign will be 42 square feet when installed, it
will encroach approximately 4 feet into the right-of-way.
The site is located in a CM zone which permits such signs. Under
S.E.Q.R., the proposed sign is considered a Type Il action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 7
J. Kapus - Request to Install an Awning/Canopy Which Will Encroach on the
Right-of-Way at 245 Ontario Street.
(Item No. 27, C.C.P., October 13, 1992)
The City Planning Board at its regular meeting held Tuesday, October
20, 1992, considered the above request pursuant to Section 413-56 of the
Buffalo Code, Review of Awnings and Canopies.
The applicant seeks to erect an awning/canopy which will be 23 feet long,
3 feet high, and project 2 feet 2 inches into the right-of-way. The awning
will contain the name of the business to be transacted on the premises.
The Department of Public Works has recommended that Your Honorable Body
grant a "mere license" for the awning. Under S.E.Q.R., the proposed awning is
considered a Type II action which does not require further environmental
Review.
The Planning Board voted to approve the proposed awning.
RECEIVED AND FILED.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 8
Request Venues Plan For User Fee On Tickets
(Item No. 157, May 26, 1992)
Responding to C.C.P. #157, the Board of Stadium and Auditorium
voted unanimously on September 30, 1992 to go on record in opposition to any
plan invoking any type of fee, tax, levy, etc., at either Memorial Auditorium
or Pilot Field.
The Board of stadium and Auditorium agrees with the Council that both
facilities are regional in usage and that Buffalo taxpayers are burdened with
the weight of maintenance. But questions remain as to how to separate or
protect the individual of family who is both a Buffalo taxpayer and also a
patron of the Auditorium and/or Pilot Field will they be expected to pay twice?
Also, Pilot Field's attendance has been over a million each season and
the Auditorium's attendance is normally 900,000, at $.50 per head, these
numbers would generate approximately $1 million per year, would these funds be
earmarked for improvements at these facilities or would they be shared? Would
we have hockey fans subsidizing the Buffalo Philharmonic Orchestra or baseball
fans supporting the ballet? The Board doubts that the formula would ever work
in reverse.
From their discussions, the Board feels that no matter what or how this
fee is labeled, it will by perception be a tax and they strongly feel that the
Common Council, rather than "supporting and encouraging plans by city venues to
approve a self-imposed user fee", should as elected officials assume the
legislative responsibility of deciding this important issue.
On behalf of the Board of Stadium and Auditorium, the undersigned
apologizes for the lateness of this submission.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 9
Bond Closeout
The City of Buffalo issues bonds to provide fluids to finance
the costs of various capital projects which are described in the bond
resolutions submitted to the Common Council, when we raise capital fluids by
selling bonds, it is reasonably anticipated that all of the projects will
proceed timely and binding commitments for the completion of the projects will
be entered into in a timely manner. Proceeds of bonds not expended for the
object or purpose for which the bonds were sold must be applied to the payment
of principal and interest on such bonds (Local Finance Law -Section 165.00)
The Board of Parking has requested the following bond account be closed.
The account balance is for a project which is completed.
UNENCUMB- RESTRICTED
ERED FOR 1992-93
BALANCE DEBT
ACCNT* 415 PURPOSE 10/16/92 SERVICE
410-005 New Eagle Ramp $214,825.70 $214,825.70
$214,825.70 $214,825.70
The 1992-93 Parking Enterprise Fund Budget anticipated the following bond
account would be closed, and the money used to pay 1992-93 debt service on the
bonds issued for this project.
Upon favorable action by Your Honorable Body, I will close the bond
account and the $214,825.70 will be used as a resource in the 1992-93 Parking
Enterprise Fund Budget.
Mr. Fahey moved:
That the above communication from the Comptroller, be and the same hereby
is received and filed; and
That the Comptroller be and he hereby is authorized to close account
number 410-005 "New Eagle Ramp" and to apply the balance therein of $214,825.70
as a resource in the 1992-93 Parking Enterprise Fund Budget.
PASSED.
AYES- 12 NOES- 0
No. 10
Renewal of Lease Agreement Between the City of Buffalo and South Buffalo Post #
721 Use of Cazenovia, etc.
Pursuant to Item # 35, C.C.P. November 14, 1972, Your Honorable
Body approved a lease for use of City property on Cazenovia Street, by the
South Buffalo Post #721 Inc. of the American Legion. The present lease will
expire On November 30, 1992.
This office has received a request from Mr. Patrick Griffin of South
Buffalo Post #721, 136 Cazenovia Street, Buffalo, New York requesting to renew
said lease under the same terms and conditions as their previous lease
agreement.
South Buffalo Post is requesting a five year lease, to commence on
December 1, 1992 and expire on November 30, 1997. The annual rental to be
charged is $1.00, payable in advance. Insurance is to be provided saving the
City of Buffalo harmless from any liability as set forth per Item #197, C.C.P.
March 31, 1987.
This office approves and recommends acceptance of this lease renewal.
Mr. Fahey moved:
That the communication from the Comptroller, dated October 13, 1992, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
Mr. Patrick Griffin of South Buffalo Post #721, 136 Cazenovia Street for use of
city-owned property on Cazenovia Street, Buffalo, New York for a five year
lease. To commence on December 1, 1992 and expire on November 30, 1997, at an
annual rental of $1.00 (one Dollar) with the lessee to save the City harmless
from any liability and to provide insurance therefore as set forth per Item No.
197, C.C.P., March 31, 1987.
PASSED.
AYES- 12 NOES- 0
No. 11
Results of Negotiations 76 Riley, N 262' W Humboldt
Vacant Lot: 33' x 112'
Assessed Valuation: $900
584 Riley, N 196' W Humboldt
Vacant Lot: 33' x 112'
Assessed Valuation: $1,300
Item #25, C.C.P. 7/21/92
In the above referenced Item Your Honorable Body authorized the
Off ice Of the Comptroller, Division of Real Estate, to negotiate a private
sale with Mr. & Mrs. Marvin Dennard of 574 Riley Street, Buffalo, New York.
They intend to purchase 576 Riley which is adjacent to their home for extra
yard space. They are purchasing 584 Riley which is adjacent to income property
that they own at 578 Riley for the same purpose, yard expansion.
An independent appraisal of both properties was conducted by Mr. James H.
White, Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has
estimated the fair market value of the vacant lot at 576 Riley Street to be
Nine Hundred Dollars ($900) and the vacant lot at 584 Riley Street to be One
Thousand Dollars Three Hundred Dollars ($1,300). This represents Twenty-Four
Cents to Twenty-Seven Cents (.24-.27) a square foot respectively. The Division
of Real Estate has investigated the sales of similar properties in the area.
The recent sales indicate a range of Thirty-Eight Cents (.38) a square foot to
Forty-Seven Cents (.47) a square foot.
The results of our negotiations are that Mr. Dennard has offered Seven
Hundred Dollars ($700) for the vacant lot at 576 Riley and Five Hundred Dollars
($500) for the lot at 584 Riley Street. He has also agreed to pay for the cost
of appraisal, transfer tax, recording fees and cost of the legal description.
The Office of the Comptroller does not recommend approval of the sales
since the amounts offered are well below not only the 1986 Assessed Evaluations
but the appraised values as well. Therefore, I recommending that Your Honorable
Body receive an file the offer of Mr. Marvin Dennard for the above properties.
RECEIVED AND FILED.
No. 12
Rescind Sale 174 Carl
Item #11, C.C.P. 3/3/92
In the above referenced item Your Honorable Body authorized the
sale of 174 Carl Street to Ms. Lucy & Sophia Goforth of 172 Carl Street in the
amount of Fifteen Hundred Dollars ($1,500). The subject property consists of a
vacant lot 30' x 140'.
The purchasers, Lucy & Sophia Goforth, have failed to close on this
transaction. The purchasers notified the closing Attorney on June 15, 1992
that they would not be able to complete the purchase from the City of Buffalo.
They were advised at that time that they would forfeit their deposit in the
amount of One Hundred and Fifty Dollars ($150.00).
On July 8, 1992 the Director of Real Estate notified Lucy & Sophia
Goforth that the City could extend time for closing the sale. There has been no
response from Lucy or Sophia Goforth to close on the property or to extend time
for closing.
Therefore, this office is recommending that Your Honorable Body approve
rescinding the sale, forfeiture of the deposit by the purchasers and returning
the property to inventory for future sale.
That the communication from the Department of Audit and Control dated
October 14, 1992, be received and filed; and
That the Comptroller, be and he hereby is authorized to rescind the sale
of 174 Carl Street and return the property to inventory for future sale. That
the deposit of $150.00 (one Hundred and Fifty Dollars) be refunded to Ms. Lucy
and Sophia Goforth, of 172 Carl Street.
PASSED.
AYES- 12 NOES- 0
No. 13
Certificate of Appointment
Appointment effective October 15, 1992 in the Department of Audit
& Control, Division of Accounting, Janet M. Kniazuk, 173 Sobieski Street,
Buffalo, NY 14212 to the position of Associate Account Clerk, Permanent at the
starting salary of $25,080.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 14
Monthly Report of Licenses Issued September 1992
I am respectfully submitting the enclosed report of Licenses issued
in the month of September 1992 by the Division of Licenses.
RECEIVED AND FILED.
No. 15
Permission To Enter Into An Agreement For The State And Local Bridge Program
(Pursuant to Chapter 261 of The Laws of 1988) Jewett Ave. Over 1 Conrail-Bin
2-26056-0
I hereby request permission from your Honorable Body to enter
into an agreement with the New York State Department of Transportation to
replace the Jewett Avenue Bridge over Conrail. The City of Buffalo shall design
and prepare bids for this project. The project will be funded by the State, up
to an amount not to exceed 80% of the total estimated costs.
The approximate cost for this work is $1,000,000. Funds for the City
Share ($200,000) will be available when Bonds are sold.
Mr. Fahey moved:
That the Department of Public Works, Division of Engineering be granted
Permission to enter into an agreement for the State and Local Bridge Program
(pursuant to Chapter 261 of the Laws of 1988).
PASSED.
AYES- 12 NOES- 0
No. 16
Report of Bids Second Floor Renovations
Police Headquarters Building
As authorized by Your Honorable Body in Item No. 137, C.C.P. 04/28/87,
I advertised for on September 22, 1992 and received the following sealed
proposals for the Police Headquarters Buildings (Second Floor Renovations)
Buffalo, New York on October 13, 1992.
General Const. Base Bid Alt A1 Alt A2 Alt A3
Gerald T. Stay Co. Inc. $138,875 500 26,000 8,500
Norcon Group Inc. 140,388 2,000 33,508 10,320
Miller Enterprises 156,000 1,800 34,500 12,000
The Hadala Group 156,000 2,100 30,000 14,700
Nichter Constr. Co. 156,700 1,400 30,150 9,160
Clarence Assoc. Inc. 159,480 1,300 35,000 9,000
Gianadda Construction 160,000 2,570 34,325 13,550
Lakeside Constr. Co. 160,250 1,450 36,700 10,350
Telco Construction Inc. 161,000 1,828 29,302 8,642
North Star Construction 165,390 1,700 25,200 6,300
LCP Construction Corp. 169,374 1,500 36,500 14,000
Higgins-Kieffer Inc. 174,300 2,369 39,256 9,952
LPG General Corp. 178,800 2,500 45,000 10,600
Alternate A1 was to remove, clean, reinstall ceiling tile; clean existing Grid
Room #218.
Alternate A-2 was for removals Rooms 230, 232 & 234; new finishes, wall, doors,
Rooms 230, 231, 232, 232A, 234 & 234A.
Alternate A-3 was to provide pigeon hole including cut existing wall, new wall,
lintel, rolling fire door and finishes.
Plumbing Base Bid Alt M1
C & C Plumbing & Heating $ 29,450 3,500
Matthew Kandefer Inc. 33,120 4,420
Kandey Co. Inc. 33,650 4,600
HB Plumbing Inc. 36,490 7,160
Alternate M-1 was to provide new piping for Room 220A.
Heating & Ventilating Base Bid
BH Refrigeration $ 2,970
Joseph Davis Inc. .3,290
Vastola Htg. & AC Corp. 4,230
Electrical Base Bid Alt E1 Alt E2
Grand Island Electric $ 45,184 6,569 584
Wittburn Enterprises Inc. 48,550 9,000 615
Warrens Electrical 50,914 11,909 905
CIR Electric 52,300 13,300 850
Frey Electric Constr. 52,6481 1,583 519
Gordon & Zoerb Elect. 54,280 14,120 620
Industrial Power & Ltg 57,250 8,900 600
Alternate E-1 was for removal of existing fixtures and fittings in rooms 230,
231, 232, 232A, 234, 234A, 233, 234, 234A.
Alternate E-2 was to provide downlighting on corridor side of pigeon hole.
I hereby certify that the foregoing is a true and correct statement of all bids
received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Gerald T. Stay Co. Inc. in the amount of $138,875
plus Alternate A-1 $3,500 and Alternate A-2 $26,000 for a total of $168,375.
Plumbing Work - C & C Plumbing & Heating in the amount of $29,450.
Heating & Ventilating Work - BH Refrigeration Inc. in the amount of $2,970.
Electrical Work - Grand Island Electric in the amount of $45,184 plus Alternate
#-1 $6,569 for a total of $51,753.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-513 -Division of Buildings.
Total estimate for this work was $250,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works dated October
22, 1992, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
award contract for General Construction work to Gerald T. Stay Co., Inc. in the
amount of $138,875 plus Alternate A-1 for $3,500 and Alternate A-2 for $26,000
for a total of $168,375 for Plumbing work to C&C Plumbing and Heating in the
amount of $29,450, for Heating and Ventilating work to BH Refrigeration Inc. in
the amount of $2,970 for Electrical work to Grand Island Electric in the amount
of $45,184 plus Alternate #1 $6,569 for a total of $51,753 for Second Floor
Renovations of the Police Headquarters Building. Funds for this contract are
in B/F 200-402-513 Division of Buildings.
PASSED.
AYES- 12 NOES- 0
No. 17
Backyard Composting Units
Item No. 165, C.C.P. 10/31/92
The above referenced item has been referred to the Department
of Public Works and Street Sanitation for review and comments.
The ability to compost yard waste instead of landfilling or incineration has
been a cornerstone to the Buffalo Recycling Plan since 1988 when the first
loads of leaves were delivered to the West Side Transfer Station as part of a
pilot composting project. Based upon two (2) years of statistical information,
the City bid out a City-wide composting program that began on August 26, 1990.
Since August 26, 1990 we have composted 11,566,080 pounds of yard waste (thru
October 6, 1992). We have been working on better methods of picking up yard
waste at the curb in order to extract a greater percentage of compostables from
the waste stream.
As noted in the draft Comprehensive Recycling Analysis submitted to Your
Honorable Body in C.C.P. 2/18/92; item #41, yard waste is approximately 18% of
the waste stream. Using 125,000 households in Buffalo and last fiscal year's
garbage tonnage of 180,000 tons, this equates to 1.44 ton per household of
waste per year. 18% of 1.44 ton equates to .2592 ton of yard waste per
household per year or 518.4 pounds. We are currently paying $19.18 per ton for
composting. If a household performed backyard composting on all of their yard
waste, the City would avoid $4.97 per year per household. The container for
composting ranges in price from $40.00-$50.00. A payback period of 8 to 10
years does not make for a feasible initiative.
In lieu of the City providing containers at reduced prices- we would urge Your
Honorable Body to seek rebates or tax credits from New York State (similar to
what was done on energy conservation) for backyard composters, mulching lawn
mowers, garbage disposal, etc. The prime reason that recycling and composting
has been so successful in the Province of Ontario is because of--the financial
commitments from the Province and from private industry - an example that New
York State should follow.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 18
Disposal of Refrigerators
Item No. 150, C.C.P. 10/13/92
The above referenced item has been submitted to the Departments
of Public Works and Streets Sanitation for review and comment.
Please be advised that Integrated Waste Systems (IWS) advised the City not to
deliver refrigerators, freezers, air conditioners, etc. until the units were
CFC free. IWS has obtained a permit for NYSDEC to decommission and dispose of
these units. They require a charge of $10.00 per unit and will be keeping all
receipts from the sale of the scrap metal (before the City was receiving this
revenue). We are in the process of preparing an amendment to our solid waste
agreement for Your Honorable Body's approval.
In the meantime, the Street Sanitation Department has begun pick up of these
units and will be delivering them to Parker Bay Consultants on Squaw Island.
Parker Bay will accept the freon free units. Most units are placed curbside
due to motor burnouts (loss of freon). Many units have been stripped of the
copper coils by scavengers (freon free). Units which may still contain freon
will be set aside for disposition at IWS.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
"THE LIBRARY" 3405 Bailey Avenue
I am hereby submitting the attached petitions regarding the issuance
of a Restaurant License and a Music License to the Library at 3405 Bailey for
your information.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 20
Certificate of Appointment
Appointment effective 09/28/92 in the Department of Public Works
Division of Buildings Dominic N. Macri, 11 Dallas Road, Buffalo 14220 to the
position of Building Superintendent, Permanent at the starting salary of
$39,095.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 21
1992 Elm Leaf Beetle Spraying Program
Attached for Your Honorable Body's information are facts and figures
for the 1992 Elm leaf Beetle Spraying Program as conducted by the Parks
Department and the Dave Tree Company.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PEST MANAGEMENT BOARD.
FROM THE COMMISSIONER OF POLICE
No. 22
Police Response to College Beer Parties
Item #173, C.C.P., Sept. 29, 1992 It is the policy of the Buffalo
Police Department to respond to and fully investigate, all complaints of loud
parties and/or underage drinking. Because each incident is unique onto itself,
the Officer on the scene is afforded some latitude in determining the most
appropriate course of action. He has at his disposal, a small array of
statutes of varying degrees of effectiveness which may be enforced if
violations are observed. Arrests are mandated where the gathering is especially
unruly or there is a substantial breach of the peace.
All Precinct Captains that have Commands encompassing a large College student
population have been directed to establish a liaison with the colleges in their
Precinct and to formulate guidelines to coordinate the Police response to
incidents of this nature. It is anticipated that this coordination of effort
and marshalling of forces will be an effective method for dealing with the
problem.
In the event that the response time is unduly large or that the problem is not
adequately resolved, the Duty Inspector is available 24 hours a day to redress
citizens complaints.
Perhaps the Common Council could undertake to enact legislation specifically
regulating conduct of this nature and thus empowering the police to deal more
effectively with these problems.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 23
Weed and Seed Initiative
This Spring the Department of Law was approached by the United
States Department of Justice in order to see if the City would like to lend its
resources to increase the number of properties which could be the subject of
federal drug house forfeiture proceedings. In exchange for managing properties
seized by the Federal government pending the forfeiture proceeds, the City will
be given title to these properties upon forfeiture. The houses can then go into
our urban homestead program and be a positive contribution to neighborhood
revitalization.
The attached Memorandum of Understanding is submitted for your approval.
It has been reviewed by the Department of Audit and Control, Police,
Inspections and Community Revitalization, Community Development and Law and has
gone through substantial redrafts from the initial proposed by the U.S.
Attorney. Notably, the City would keep all rental revenues, need not take any
occupied property which is unsafe or hazardous and is not required to make
unoccupied properties habitable.
By this joint effort, the Federal government will be able to respond more
effectively to Buffalo Police Department requests for drug houses to be seized.
The U.S. Marshall's Service would otherwise have to manage these properties, a
role they are not used to or necessarily equipped to handle on an expanded
basis. Further protection is afforded by our insistence that the City can, if
it chooses, to limit involvement in the program to 10 houses per year and,
since forfeited houses are subject to existing mortgages, reject title to
houses where the mortgage exceeds 70% of appraised value.
I strongly recommend your approval of our participation in this valuable
and needed program.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF FIRE
No. 24
Choice of Consultants For Fire Department Study
Pursuant to our conversation of October 20, 1992, please find
listed below, the names of Management Consultants chosen by the Buffalo Fire
Department:
Ernest and Young
Ernest and Young Tower
Toronto - Dominion Centre
P.O. Box 251
Toronto, Canada M5K1J7
TRI-DATA
1500 Wilson Boulevard
Arlington, Virginia 22209
Murphy Associates, Inc.
9520-A Lee Highway
Fairfax, Virginia 22031
If you should require additional names, please let me know.
REFERRED TO COUNCIL STAFF.
FROM THE CORPORATION COUNSEL
No. 25
Adventure Club 124 Elmwood; Lapsing Provisions; Non-Conforming
Use
Item 161, C.C.P., September 29, 1992
This communication is in response to an oral request made at the
Public Hearing, held in Council Chambers on October 15, 1992, regarding 124
Elmwood Avenue.
The question presented is whether the "Lapsing" provisions of Sections
511-110 and 511-111 of the Zoning ordinance are applicable to the restaurant
use at the subject property.
Please be advised that the cited sections apply only to Non-Conforming
uses and provide for the "lapsing" or extinguishment of such use upon
discontinuance or abandonment thereof.
The term non-conforming use, specific and well-established in law, is
defined as a use which was permitted prior to the adoption or amendment of a
zoning ordinance but which is prohibited after the adoption or amendment of the
ordinance.
The adoption of the EB district did not render restaurant use a
prohibited use, rather, it remained a permitted use, subject to such
restrictions and conditions as the Common Council may impose.
In conclusion, restaurant use that preceded the adoption of the EB is not
a nonconforming use; therefore, the "lapsing" provisions of Section 511-110 or
511-111 of the Zoning ordinance are not applicable in this instance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 26
Information on Agreement With New York Telephone on Payphone Installation
Item #158, C.C.P., Sept. 29, 1992
In response to the questions posed in the above item, please be
advised as follows:
1. The City of Buffalo has a Franchise Agreement with The Frontier
Telephone Company which the City's Board of Alderman granted in 1901 and which
was amended by the Board of Councilmen in 1941. New York Telephone, upon
information and belief, is a successor to The Frontier Telephone Company.
2. Private communication companies need Common Council approval for
potential payphone locations because the Council specifically requested this
Department to include such a requirement in the provisions of the Agreement
with the one and only private communication company which has sought permission
to construct coin operated telephones within the City's right-of-ways and said
company agreed to such provision. The same is not true for New York Telephone
because the Franchise Agreement, referred to above, confers such authority upon
the Commissioner of Public Works.
3. The Law Department respectfully defers to the Department of Public
Works and/or the Comptroller or Commissioner of Administration and Finance with
regard to percentages of revenue paid to the City by New York Telephone and the
other communication company.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
Appointment & Reappointment
Elevator Safety Review Board
Item #1, C.C.P., 10/13/92
This item has been referred to the Law Department for an opinion
regarding residency restrictions for persons being appointed or reappointed to
the Elevator Safety Review Board.
We are researching the matter and will provide the requested opinion in
the near future.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 28
Certificate of Appointment
Appointment effective October 15, 1992 in the Department of Law,
Peter F. Comerford, 916 Delaware Avenue, Buffalo, NY 14209 to the position of
Assistant Corporation Counsel, Non-Competitive, at the starting salary of
$46,627.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF STREETS
No. 29
Request For Permit To Collect Refuse and Garbage In The City of Buffalo
C.I.D. Refuse Service, Inc., 100 Ransier Drive, West Seneca, New
York has made an application for a permit to collect and haul refuse and
garbage in the City of Buffalo.
I have no objections to your approval for this request.
Attached is their application for the permit.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 30
Certificate of Appointment
Appointment effective October 12, 1992 in the Department of Street
Sanitation ,Joseph S. Militello, 428 Richmond Avenue Buffalo, NY 14222 to the
position of Dispatcher, Provisional at the starting salary of $24,135.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 31
Report of Emergency Demolition of 413 Best Street
Due to the very serious and hazardous condition of the fire-damaged
building located at 413 Best Street, 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 30, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR AND DOLLAR
AMOUNT OF BID
413 Best Street Integrated Waste Special Services
Bessie L. Cothran $3,580.00
c/o Donald Gidney
203 Millicent Avenue
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 October 5, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $3,580.00, relating to 413 Best Street, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113, of
the Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0
No. 32
Report of Emergency Demolition of 109 Landon Street
Due to the very serious and hazardous condition of the fire-damaged
building located at 109 Landon Street, Deputy Fire Commissioner Paul A.
Kurzdorfer requested that our department bid this 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 buildings 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 29, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS AND OWNER CONTRACTOR AND DOLLAR
AMOUNT OF BID
109 Landon Street Integrated Waste Special Services
Kristin Sample $4,677.00
186 Kirkland Road
Rochester, 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 October 5, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $4,677.00, relating to 109 Landon Street, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113, of
the Ordinances of the City of Buffalo.
PASSED.
AYES- 12 NOES- 0
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 33
Require Budgetary Quarterly Reports from Comptroller and Budget Director
Resolution #189, C.C.P. September 15, 1992
Pursuant to the above referenced resolution, and in the interest
of keeping Your Honorable Body informed of the status of the City's financial
condition, I am submitting the following attached reports:
1) A presentation made to the national credit rating agencies on October 19,
1992 which summarizes what the budget office believes to be the results of the
1991-92 fiscal year along with its projections for the 1992-93 and 1993-94
fiscal years, and
2) A detailed gap sheet to support the figures used in the presentation to
the rating agencies.
In summary, these reports predict a 1991-92 deficit of approximately
$16.5 million, a current year projected deficit of $2.5 million after retiring
the 1991-92 deficit and a 1993-94 budget gap of nearly $24 million. In
comparison, at this time last year the City was facing a projected current year
budget deficit of $17 million and a succeeding year gap of approximately $53
million.
Much progress was made in rectifying the City's structural imbalance with
the adoption of the 1992-93 budget which substantially increased the revenue
base ($22 million in property taxes) and simultaneously reduced the expenditure
base ($8 million from the elimination of 325 positions from 1991-92) while
imposing a wage freeze on all employees with unsettled contracts.
I must note that the projections being provided are preliminary estimates
based on information available through the first quarter of the current fiscal
year. These projections are subject to change as additional information
becomes available. I assume the above referenced resolution requests these
reports to be filed on a quarterly basis because Your Honorable Body expects
periodic changes and desires to be kept informed as they develop.
I would also like to point out that the information being provided herein
complies with the portion of the Council resolution seeking line item budget
projections. The actual year to date expenditure and revenue detail should be
provided in the report you have requested from the Comptroller.
My staff and I are available to review with you the attached documents
and their underlying assumptions. I look forward to working with you to
balance the current year budget and to close the 1993-94 projected gap.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Restoration of Positions in Local 264 in Settlement of PERB Arbitration Case
A-92-138
Following adoption of the 1992-93 City Budget, AFSCME Local 264,
AFL-CIO, filed a grievance over the lay-off of nine persons in the Bargaining
Unit who occupied positions in which the same job functions were being
performed by seasonal employees, who were not laid-off. A full-day arbitration
hearing was held before Arbitrator Stuart Pohl on September 30, 1992.
Post-Hearing briefs were submitted, and a decision is pending. However, at the
suggestion of the Arbitrator, the parties have continued discussions relative
to settling the matter.
Accordingly, we recommend that your Honorable Body approve the enclosed
settlement agreement, and the Salary Ordinance Amendments, which will be filed
under separate cover, restoring the nine positions, effective July 1, 1992.
Mr. Fahey moved:
That the communication from the Department of Administration and Finance
dated October 22, 1992, be received and filed; and
That the Settlement Agreement between the City of Buffalo and Local 264,
AFSCME, AFL-CIO relating to PERB Arbitration A92-138 and dated October 21,
1992, be and the same hereby is ratified and confirmed, and
That Mark Kielbasa, Marlene Macey, Thomas Sitarski, Joseph Oliver, Mary
Ann Jackson, Christopher Evans, Robert Derylak, Thomas Crowe and Patrick Fray
be returned to their permanent civil service positions as of July 1, 1992, and
all other actions be taken as is required in such agreement.
PASSED.
AYES- 12 NOES- 0
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 35
Surplus Vehicles/Equipment Auction
Department of Street Sanitation
The Department of General Services accepted sealed bids for the
disposal of surplus vehicles/equipment from the Department of Street Sanitation
on Tuesday, October 20, 1992. Enclosed are photographs of the items for
disposal as well as a summary page indicating all bids received.
Request your approval to dispose of these items to the high bidder listed
on the summary page, and indicated as follows:
S -581, 1980 International flusher Alden Trucks $14,259.00
S-791, 1983 Elgin Street Sweeper Alden Trucks $ 4,259.00
S-794, 1985 Elgin Street Sweeper Bison Trk & towing $ 1,397.35
S-957, 1986 Western Star Dump Alden Trucks $ 6,659.00
Salt Spreader Bodies #1 Alden Trucks $ 109.00
#2 McKillen, G 204.09
#3 McKillen, G 104.09
#4 McKillen, G 26.09
#5 McKillen, G 26.09
#6 McKillen, G 66.09
Mr. Fahey moved:
That the communication from the Department of General Services and
Control dated October 22, 1992, be received and filed; and
That the Commissioner of General Services, be and he hereby is authorized
to dispose of the surplus vehicles/equipment from the Department of Street
Sanitation as listed in the above communication to the highest bidders.
PASSED.
AYES- 12 NOES- 0
FROM THE CITY CLERK
No. 36
Filing of Disclosure
I transmit herewith a disclosure notice filed by Councilmember
Brian M. Higgins, relative to his sponsoring and voting for the Reappointment
of his brother-in-law, Dennis Dargavel, to the Board of Assessment Review.
RECEIVED AND FILED.
No. 37
Mayor Reported Out of State
Enclosed herewith is a letter from the Hon. James D. Griffin,
Mayor, reporting his absence from the State from Monday, June 22, 1992 until
Wednesday, June 24, 1992, delivered to the City Clerk on Friday, June 19, 1992.
RECEIVED AND FILED.
No. 38
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
511 Rhode Island Left Bank Elsworth Corp.
RECEIVED AND FILED.
No. 39
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:
Public Works- Carole M. Getz, Franklyn Bodekor
Corporation Counsel- Maria L. Dines
Street Sanitation- Joseph S. Militello
Inspections and Community Revitalization- Janet L. Edwards
RECEIVED AND FILED.
No. 40
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
Buffalo Sewer Authority
City Planning Board
Civil Service Commission
Youth Board
RECEIVED AND FILED.
No. 41
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF AUDIT & CONTROL
Appointment effective October 20, 1992 in the Department of Audit
and Control, Division of Real Estate, Marc A. Panaro, 776 Richmond Ave.,
Buffalo, New York 14222, to the position of Laborer I, Seasonal at the starting
salary of $5.98/hr.
Appointment effective October 18, 1992 in the Department of Audit and Control,
Division of Audit, Juli-Lyn Colpoys, 778 McKinley Pkwy., Buffalo, NY 14220, to
the position of Assistant Auditor, Temporary at the starting salary of $24,020.
FROM THE DEPARTMENT OF PARKS
Appointment effective September 13, 1992 in the Department of
Parks, Division of Recreation to the position of Fee Collector, Seasonal at the
starting salary of $ 4.75 hr.
Linda M. Pernick, 18 Wyandette Ave., Buffalo 14207
William Stevenson, 123 Laird Ave., Buffalo 14207
Lisa Terkula, 2283 Seneca St., Buffalo 14210
Steven Alvarez, 519 South Legion, Buffalo 14220
Gary Augustiniak, 302 Kensington Ave., Buffalo 14215
Nicole Evens, 163 Dearborn Ave., Buffalo 14207
John Fracos, 21 Peoria St., Buffalo 14207
Brian Griffin, 263 Okell St., Buffalo 14220
Brian Higgins, 51 South Ryan, Buffalo 14220
Frank Langdon, 311 Downing St., Buffalo 14220
Tammy Parsons, 80 Crystal, Buffalo 14220
Appointment effective October 13, 1992 in the Department of Parks, Division of
Recreation, Donna Salvo, 98 South Pontiac, Buffalo 14206 to the position of fee
Collector, Seasonal, at the starting salary of $4.75 hr.
Appointment effective October 21, 1992 in the Department of Parks, Division of
Recreation, Bryan Beale, 33 Coolidge Rd., Buffalo 14220 to the position of Fee
Collector, Seasonal, at the starting salary of $4.75 hr.
Appointment effective October 13, 1992 in the Department of Parks, Division of
Recreation, to the position of Laborer II, Seasonal, at the starting salary of
$6.65 hr.
Brian Hayes, 795 McKinley Pkwy., Buffalo 14220
Herbert Marcus, 389 Goodyear, Buffalo 14211
Kenneth Stevens, 106 Timon St., Buffalo 14211
Appointment effective October 9, 1992 in the Department of Parks Division of
Recreation, Michael Cunningham, 49 Strathmore Ave., Buffalo 14220 to the
position of Refrigeration Plant Engineer, Seasonal at the starting salary of
$6.64 hr.
Appointment effective October 15, 1992 in the Department of Parks, Division of
Recreation, to the position of Fee Collector, Seasonal at the starting salary
of $4.75 hr.
Jacob Brozyna, 324 Benzinger St., Buffalo 14206
Christopher Sterlace, 60 Folger St., Buffalo 14220
FROM THE DEPARTMENT OF POLICE
Appointment effective October 20, 1992 in the Department of Police
Jeanne M. Burvid, 323 Okell, Buffalo, NY 14220 to the position of Crossing
Guard (TSAR), Seasonal at the starting salary of $5.33 hr.
Appointment effective October 15, 1992 in the Department of Police Carmelo
Puzzella, 78 Norwalk Ave., Buffalo, NY 14216 to the position of Laborer I,
Permanent at the starting salary of $8.26 hr.
Appointment effective October 12, 1992 in the Department of Police Salvatore
Losi, 270 Westgate, Buffalo, NY, to the position of Police Lieutenant,
Contingent Permanent, at the starting salary of $ 40,019.
Appointment effective October 12, 1992 in the Department of Police to the
position of Police Lieutenant, Permanent, at the starting salary of $ 40,019.
David Schweitzer, 6229 Versailles Rd., Hamburg, NY 14075
Fred Young, 255 Sycamore Ave., Buffalo, NY 14204
Appointment effective October 12, 1992 in the Department of Police Lawrence
Ramunno, 4610 Sawmill Rd., Clarence NY 14031 to the position of Police Captain,
Permanent at the starting salary of $45,849.
Appointment effective October 12, 1992 in the Department of Police, John
Battler, 326 Commonwealth, Buffalo, NY 14216 to the position of Police
Inspector, Permanent at the starting salary of $ 50,455.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective October 13, 1992 in the Department of Human
Resources, Division of Youth James F. Ralston, 216 Ross Ave., Buffalo, NY 14206
to the position of Youth Worker, Temporary at the starting salary of $43.25 hr.
Appointment effective October 13, 1992 in the Department of Human Resources,
Division of Youth, Lisa Mackovic, 161 Marine Dr., Apt. 8D, Buffalo, NY 14202 to
the position of Community Aide, Temporary at the starting salary of $5.25 hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NONOFFICIAL COMMUNICATIONS
No. 42
BUFFALO ENTERPRISE DEVELOPMENT CORP.
Neighborhood Commercial Land Bank, Phase II Purchase of Vacant Parcels Item No.
123, CCP, 10/29/91
In late 1991, the City approved the creation of a Neighborhood
Commercial Land Bank and authorized the sale of 124 parcels of vacant
City-owned commercial parcels on Genesee, Sycamore, Broadway, and South Park to
the BEDC for $335,000. The Neighborhood Commercial Land Bank Agreement between
the City and the BEDC provides for additional parcels to be acquired at
$16,500/acre as land is acquired by the City through In-Rem proceedings.
Funds were approved by the City in the Community Development Block Grant
program, from UDAG repayments, to continue the acquisition of added parcels.
The City Real Estate Division and BEDC staff have reviewed the existing lists
of property and we have prepared a list of 48 vacant lots in proximity to the
original 124 lots for proposed purchase from the City. It is expected that
additional lots will be identified next Spring after the scheduled In-Rem sale.
Attached is a list of 48 lots totalling 3.66 acres proposed to be
purchased by the BEDC for the cost of $16,500 per acre, or $60,390.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 43
DEVELOPMENT DOWNTOWN, INC.
Audit FYE 12/31/91
Attached for your information please find the report of the audit
performed by Lumsden & McCormick, Certified Public Accountants, for Development
Downtown, Inc. FYE 1991.
If you have any questions, please do not hesitate to call me at 842-3020.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 44
MARINE MIDLAND BANK
Request City To Forgive Water Charges at 408 Leroy St.
Please be advised that our office represents Marine Midland Bank,
N.A., the owner and holder of a first mortgage lien on the property and in
connection therewith have been retained to foreclose said mortgage, the same
being in default. We do not represent the owner.
Our office has previously delivered our original stub search prepared for
foreclosure being Ticor Title Guarantee Company Search No. 92-00245 to Joseph
M. Cox, Esq., the attorney representing Lumon Ross, the owner of the property,
in escrow, for his use in attempting to consummate a closing of the transaction
originally anticipated to close in early July, 1992. (A copy of the June 6,
1992 letter is enclosed herewith for your information). As set forth in the
letter, the original search which was delivered was to be returned to our
office in the event the anticipated closing did not occur on or before July 17,
1992. Of course, this date is long past and we have extended the time for Mr.
Cox's holding and use of the stub search.
As you are aware, we have now hit another impediment, that being
outstanding water charges in excess of $7,800.00, which appear to be way out of
line for the type improvements situated on the property, particularly in view
of the fact that the property has been vacant for quite some time and no
utilities have been used. It appears that Mr. Cox representing the seller needs
some considerable relief from the outstanding water charges in order to
consummate the voluntary sale and purchase transaction contemplated. From our
viewpoint, this relief must be forthcoming in short order as we cannot continue
extending forbearance of Marine's foreclosure action ad infinitum. Your
assistance in securing the relief from water charges as may be needed by Mr.
Cox so as to enable him to consummate the closing of the sale and purchase
transaction will have a number of desired results, including (i) payment of our
client's mortgage thereby avoiding the necessity of the costs and expenses of a
foreclosure proceeding, (ii) conveyance of the property to the purchaser under
the contract whom I assume will be restoring it to a habitable conditions, and
(iii) the avoidance of use of public dollars for demolition.
Please feel free to contact the undersigned with respect to any questions
or comments you may have.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 45
DENNIS McHUGH & OTHERS
Complaints-Employees of Signal Dept.
We are writing to bring to your attention a serious, dangerous,
and possibly disastrous condition in the City of Buffalo.
Due to budget cuts, jobs and shifts have been cut in the Traffic Signal
Division of the D.P.W. The signal trouble crew (l Communication Specialist and
l Laborer) have always worked 24 hrs. per day, 365 days per year. This crew, in
addition to answering thousands of traffic signal repair calls, replaced or
repaired damaged and missing stop signs and made other damaged sign conditions
safe. Their duties, also, included installing flashing barricades at
unprotected construction sites, street cave-ins, collapsing buildings, fire
sites, flooded streets etc.
Since July 1, 1992, due to budget and job cuts, nobody has worked
holidays nor the midnight to 8:00 a.m. shift two days of the week. Also, when
a worker is off due to vacation, personal leave, or sickness, nobody replaces
that person. On several holiday weekends, there has been no signal service for
as many as 72 hours. Recent department policy has been to leave traffic signals
out of service from one day to the next, leave corners without stop signs, and
dangerous areas without barricades.
These practices must be stopped for the safety of the public and the
liability the city could face. The savings do not compare to the risks
involved.
Eliminated jobs and money must be replaced in the Signal budget for the
safety and well being of the City of Buffalo and its residents.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 46
NYS DEPARTMENT OF CIVIL SERVICE
Leave of Absence-Exempt Employees
President Gambino has asked me to reply to your letter of September
30, 1992, regarding the City of Buffalo Common Council inquiring into whether
an exempt employee is eligible to take a leave of absence. In your letter you
specifically cite a situation pertaining to the Commissioner of Streets and
Sanitation.
The City of Buffalo Municipal Civil Service Commission Rules regulating
leaves of absences apply to positions in the Classified Civil Service
(Competitive, Non-Competitive, Exempt and Labor Classes). The Commissioner of
Streets and Sanitation is in the Unclassified Service and, therefore, not
subject to these Rules. Any leave of absence regulations or policy would have
to be contained elsewhere such as the City Charter or Administrative Code.
In conclusion, leave of absence regulations for Unclassified Service
positions are not under the jurisdiction of this Department or the Buffalo
Municipal Civil Service Commission. I trust this has answered your question.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
PETITIONS
No. 47
Aaron Clark, Jr. & Others- Complaints- Bandag Tire Retreaders- Trucks on
Wasmuth.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
POLICE AND THE COMMISSIONER OF PUBLIC WORKS.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 48
Residency Status R. Heftka
(Item No. 126, C.C.P., Oct. 13, 1992)
That the resolution as contained in Item No. 126, C.C.P., October
13, 1992, be and the same hereby is approved.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11
NOES- FAHEY- 1
No. 49
Appointment
Audit & Control/Associate Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 50
Appointment
Audit & Control//Associate Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 51
Appointment
Audit & Control//Systems Support Analyst
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 52
Appointment
Comptroller/Supervising Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 53
Appointment
Audit & Control/Senior Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 54
Appointment
Audit & Control/Junior Accountant-Typist
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 55
Appointment
Audit & Control/Associate Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 56
Appointment
Audit & Control/Supervising Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 57
Appointment
Audit & Control/Associate Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 58
Appointment
Audit & Control/Associate Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 59
Appointment
Audit & Control/Associate Auditor
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 60
Appointment
Audit & Control/Senior Auditor
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 61
Appointment
Audit & Control/Senior Accountant
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fahey moved to approve the above item; seconded by Mr. Perla.
Mr. Coppola moved to amend and recommit the above item to the Committee on
Civil Service; seconded by Mr. Amos.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, LOTEMPIO, PITTS, - 7
NOES- FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 5
No. 62
Notices Of Appointments
(Item # 117 CCP Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 63
Notices Of Appointments (C.Clerk)
(Item # 63 CCP Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 64
Notices Of Appointments
(Item # 73 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 65
Selection Of Consulting Engineer and Rate Consultant
(Item No. 7, C.C.P., Sep. 24, 1992)
That the selection of Heyden/Wegman, Inc., as
consulting engineer
by the Buffalo Municipal Water Finance Authority for the initial annual
consulting engineering services as required under the Financing Agreement is
approved and that the selection of the firm of Ernst & Young as rate consultant
by the Buffalo Water Board for the initial annual rate consulting services as
required under the Financing Agreement be and the same hereby is approved.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 10
NOES- COPPOLA, PITTS- 2
No. 66
Engage Consulting Engineer/Water Finance Authority
(Item # 27 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 67
Local 282/Comments On Proposed Fire Department Study
(Item # 71 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 68
Report On Operation of Ramps/Lots (Bd. Pkg.)
(Item # 11 CCP Sep 15, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 69
Report Of Audit -Division Of Housing And Property Inspection
(Item No. 10, C.C.P., June 23, 1992)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins moved:
That the audit report as contained in the above item for the period July
l, 1990 to January 31, 1992 be and the same hereby is received and filed.
ADOPTED.
No. 70
Report Of Audit/Pilot Field (Compt)
(Item # 37 CCP Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 71
Report Of Bids Surface Parking Lots
(Item No. 4, C.C.P., Sep 29, 1992)
That the Director of Parking be, and he hereby is authorized to
award contract to 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.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11
NOES- PITTS- 1
No. 72
Information/Promotion & Marketing Of Memorial Auditorium
(Item # 5 CCP Sep 5, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 73
Vending Machines In Fire Houses (Fire)
(Item # 104 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 74
Vending Machines In Fire Houses (CC)
(Item # 105 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 75
Temporary Board Of Assessment Review
(Item # 18 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 76
Ordinance Amendment/Increase Fees-Load Zone Permits
(Item # 62 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 77
Ordinance Amendment
Chapter 175 -Fees- Permits
(Item No. 135, C.C.P., Oct. 13, 1992)
That the Ordinance Amendment as contained in Item No. 135, C.C.P.,
October 13, 1992, be and the same hereby is approved.
PASSED.
AYES- BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9
NOES- AMOS, COPPOLA, PITTS- 3
No. 78
Results Of Negotiations
418 Northampton
(Item No. 88, C.C.P., Oct. 13, 1992)
That the offer of Mr. Emilio and Sandra Castillo of 16 Winter
Street, Buffalo, New York in the sum of $6,000.00 (Six Thousand Dollars) to
purchase the property described as 418 Northampton be and hereby is accepted;
and
That the appraisal 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- 12 NOES- 0
No. 79
Appoint Mr. Robert J. Zielinski
To The Board Of Assessment
(Item No. 130, C.C.P., Oct. 13, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation
Mr. Collins moved:
That the appointment of Mr. Robert J. Zielinski as a member of the Board
of Assessment, be and hereby is confirmed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 80
Donald Leone, Petition To Use 976 Elmwood For A Take-Out Restaurant
(Item No. 73, C.C.P., Sep. 29, 1992)
That after a public hearing before the Committee on Legislation
on October 20, 1992, the petition of Donald Leone, owner, for permission to use
976 Elmwood for a takeout restaurant be and the same hereby is approved with
the following conditions:
1. Hours of operation will be from 10:00 am until 2:00 am.
2. The establishment will serve takeout food only.
3. No alcoholic beverages will be served or sold.
4. One decorative trash receptacle will be placed outside the establishment and
emptied whenever it is full.
5. The sidewalk on the Elmwood Avenue side and Bidwell Parkway wrap around will
be kept from litter, snow, ice and debris. The area where the curb meets the
street will be kept free from litter and debris.
6. No flashing signs are allowed.
PASSED.
AYES- 12 NOES- 0
No. 81
D. Leone/Use 976 Elmwood/Take-out (CPBD)
(Item # 6 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 82
D. Leone Use 976 Elmwood (CD)
(Item # 50 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 83
Restaurant-Dancing Class 111/26 Virginia PI
(Item # 35 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
D. Kruscak & Others Favor Permits-124 Elmwood
(Item # 80 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
J. Lipsitz & Others Oppose Permits-124 Elmwood
(Item # 81 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Pesticide Ordinance Review/ ( C. Clerk)
(Item # 93 CCP Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
ARBY'S- Complaints-Operating Fees Allentown Festival
(Item # 104 CCP Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 88
Permission To Encroach Sign-650 Broadway
(Item No. 25, C.C.P., Oct. 13, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. L. J. Hutchins, owner of Hutchins Automotive
Supply Co., at 650 Broadway, to install a sign 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 sign 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
($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 sign.
PASSED.
AYES- 12 NOES- 0
No. 89
Permission To Encroach Awning 245 Ontario Street
(Item No. 27, C.C.P., Oct. 13, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Dr. John Kapus, owner of Riverside Chiropractic
Assoc., at 245 Ontario Street to install awning 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 awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($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 awning.
PASSED.
AYES- 12 NOES- 0
No. 90
Change Parking Regulations- Linwood Terrace (STS)
(Item # 52 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Dedicated Funds/Board Of Education (Bd. Ed)
(Item # 67 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Board of Elections/Charter Revisions Provisions
(Item # 74 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
R. Hutchins//African Culture Weekend
(Item # 75 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
NYS Education Department/Program
Changes At Bryant & Stratton
(Item # 77 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
NYSDEC/Hartwell St Landfill
(Item # 78 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 96
Amend LDA-Clinton-Emslie Housing
(Item No. 53, C.C.P., October 13, 1992 )
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mr. Amos the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances : Louis Malucci, Community Revitalization
Gary Rogers, Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mrs. LoTempio.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Burke Brothers Construction and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
WHEREAS, The Agency and the Redeveloper have requested to amend the LDA
to include part of 338 Kathrine Street (two building lots 58 x 143 each) to
Schedule A of said LDA for the construction of two (2) additional units of
residential new housing known as the Clinton-Emslie New Housing Project Phase
II in the Community Wide Urban Renewal Demonstration Program Area;
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Burke Brothers Construction, Inc. shall be
amended as follows:
a.) Amend Schedule "A" as attached hereto to include the following part of
338 Kathrine Street (two building lots 58 x 143 each)
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That Burke Brothers Construction, Inc. and/or other legal entity to
be formed was duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
Community Wide Urban Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to BURA.
PASSED.
AYES- 12 NOES- 0
No. 97
Amend LDA-Emslie NDP Housing
(Item No. 54, C.C.P., October 13, 1992 )
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mr. Amos the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances: Louis Malucci, Community Revitalization
M. J. Ogiony, Builder
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bakos.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated MJ Ogiony Builders, Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
WHEREAS, The Agency and the Redeveloper have requested to amend the LDA
to include part of 338 Katherine Street (one building lot 58 x 134) and 761
William Street and 44 Coit Street to Schedule A of said LDA for the Emslie NDP
New Housing Project in the Community Wide Urban Renewal Demonstration Program
Area;
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and MJ Ogiony Builders, Inc. shall be amended as
follows:
a.) Amend Schedule "A" as attached hereto to include part of 338 Katherine
Street (one building lot 58 x 134) and 761 William Street and 44 Coit Street.
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That MJ Ogiony Builders, Inc. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban
Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to BURA.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11
NOES- FRANCZYK- 1
No. 98
Amend LDA- Masten Housing- Phase I
(Item No. 55, C.C.P., October 13, 1992 )
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mrs. LoTempio the item is properly before
the Common Council and the hearing be opened.
CARRIED.
Appearances : Louis Malucci, Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Higgins.
CARRIED.
Mr. Bell moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Omega Homes, Inc. and/or other legal entity to be
formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
WHEREAS, The Agency and the Redeveloper have requested to amend the LDA
to include 75 and 120 Northland to Schedule A of said LDA for the construction
of two (2) additional units of residential new housing known as the Masten New
Housing Project Phase I in the Community Wide Urban Renewal Demonstration
Program Area;
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Omega Homes, Inc. shall be amended as follows:
a.) Amend Schedule "A" as attached hereto to include 75 Northland (63 x 120)
and 120 Northland (60 x 140)
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That Omega Homes, Inc. and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for Community Wide Urban
Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to BURA.
PASSED.
AYES- 12 NOES- 0
No. 99
Amend LDA- Masten Housing- Phase IIA
(Item No. 56, C.C.P., October 13, 1992 )
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly before the
Common Council and the hearing be opened.
CARRIED.
Appearances : Louis Malucci, Community Revitalization
Mr. Bell moved that the hearing be closed. Seconded by Mr. Coppola.
CARRIED.
Mr. Bell moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Bellweather Builders, Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
WHEREAS, The Agency and the Redeveloper have requested to amend the LDA
to include 32-38 Elsie, 42-46 Alexander and 31 Elsie to Schedule A of said LDA
for the Masten New Housing Project Phase 11A in the Community Wide Urban
Renewal Demonstration Program Area;
NOW, THEREFORE, BE IT RESOLVED:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Bellweather Builders, Inc. shall be amended as
follows:
a.) Amend Schedule "A" as attached hereto to include 32-38 Elsie, 42-46
Alexander and 31 Elsie.
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That Bellweather Builders, Inc, and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide
Urban Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to BURA.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS COPPOLA, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 10
NOES- FRANCZYK- 1
*MR. FAHEY ABSTAINS FROM VOTING DUE TO ACTING AS AN ARBITRATOR IN ACTIONS WITH
DEVELOPERS WIFE.
No. 100
LDA-Clinton Park II New Housing
(Item No. 57, C.C.P., October 13, 1992 )
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mr. Zuchlewski the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: Louis Malucci, Community Revitalization
James Anderson, James Mgmt. Co.
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts.
CARRIED.
Mr. Bell moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated James Management Co., Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That James Management Co., Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for the Clinton
Park II New Housing Project in the Community Wide Urban Renewal Demonstration
Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey the
property from the city to BURA.
PASSED.
AYES- 12 NOES- 0
No. 101
LDA- Winslow Park New Housing
(Item No. 58, C.C.P., October 13, 1992
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a public hearing before the Common Council at
this regularly scheduled meeting, at 2:00 P.M., and that notice of same has
been properly published in the Buffalo News, and a copy of same is attached
hereto.
On a motion by Mr. Fahey, Seconded by Mr. Zuchlewski the item is properly
before the Common Council and the hearing be opened.
CARRIED.
Appearances: Louis Malucci, Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Bell moved that
WHEREAS- the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Aicha Construction Company, Inc. and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That Aicha Construction Company, Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for the Winslow
Park New Housing Project in the Community Wide Urban Renewal Demonstration
Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey the
property from the city to BURA.
PASSED.
AYES- 12 NOES- 0
No. 102
Proposed RFP/Evaluate Housing Conditions
(Item # 59 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Home Program Funds (ICR)
(Item # 82 CCP Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Department of Inspections and Community Revitalization
Home Program Projects Request to Approve Levels of Funding and Certain Specific
Projects
Item No. 184, C.C.P., 9 15/92
Item No. 60, C.C.P., 10/13/92
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Department of Inspections and Community Revitalization - Home
Program Projects, including the following components be approved as to levels
of funding; provided that individual projects be returned to the Common Council
for approval:
HOME Rental Rehabilitation Program $1,800,000
HOME New Housing Development 1,684,000
HOME Urban Homesteading 900,000
HOME Owner Assistance Program 700,000
That individual projects under the HOME Rental Rehabilitation and HOME
Owner Assistance Programs already presented for approval be approved.
PASSED.
AYES- 12 NOES- 0
RESOLUTIONS
No. 105
BY: MESSRS. ARTHUR AND FAHEY
AMEND CODE OF CITY OF BUFFALO - REQUIRE BOARD OF ETHICS TO PUBLICLY
DISCLOSE FINANCIAL STATEMENTS FILED BY PUBLIC OFFICIALS, DISCLOSE ITS
DECISIONS, AND MEET IN PUBLIC SESSIONS
WHEREAS: The Code of Ethics of the City of Buffalo was written
with the following intent:
A. Establish high standards of ethical conduct
for city officers and employees.
B. Afford city officers and employees clear guidance in conforming to such
standards.
C. Promote public confidence in the integrity of city government.
D. Require public disclosure of financial interests that may influence or be
perceived as influencing actions of city officers and employees.
E. Facilitate consideration of potential ethical problems before they arise.
F. Minimize unwarranted suspicion.
G. Enhance accountability of government to the people it serves.
H. Provide for fair and effective administration of this code."; and
WHEREAS: In 1989, the City of Buffalo established the Board of Ethics to
ensure that city officers and employees comply with the provisions of the Code
of Ethics; and
WHEREAS: In contradiction to the Code of the City of Buffalo, the
Corporation Counsel, a meek of the Board of Ethics, filed an opinion in the
City Record, June 11, 1992 which states, "Please take notice that pursuant to
Section 12-6 of the City of Buffalo Code, the City of Buffalo Board of Ethics
has determined and hereby declares that each annual disclosure statement filed
pursuant to Section 12-3 of the City of Buffalo Code shall be deemed
confidential in its entirety."; and
WHEREAS: As stated by the Corporation Counsel, pursuant to Section 12-3 of
the City of Buffalo Code, each city official or employee is required to file an
annual financial disclosure statement with the City Clerk. However, contrary
to this opinion, Section 12-6 of the City of Buffalo Code clearly and
emphatically states that "Such statements are matters of public record..."; and
WHEREAS: The Board of Ethics, operating under the Corporation Counsel's
erroneous opinion on confidentiality, determined that all decisions of the
Board shall remain confidential as well; and
WHEREAS: state Law, which also requires that all financial disclosure
statements shall be considered public documents, further mandates that the
Board of Ethics must disclose to the public when it:
1. has determined that officials have failed to file financial disclosure
statements,
2. has determined that there is sufficient probable cause of unethical
behavior to warrant a hearing,
3. imposes a penalty for unethical conduct.
WHEREAS: As previously mentioned, one of the Primary intentions of the Code
of Ethics is to "Enhance accountability of government to the people it
serves.", a goal that can be attained much more easily by the Board of Ethics
if its meetings were open to the public;
NOW, THEREFORE, BE IT RESOLVED
That the Common Council of the City of Buffalo directs the Law Department to
draft an amendment to Chapter 12, Article II, Board of Ethics, of the Code of
the City of Buffalo so that
1. It clearly states that the Board of Ethics handles financial disclosure
statements as matters of public record;
2. The Board of Ethics be required to disclose the names of those
individuals who have not submitted required financial disclosure statements
upon failure of the individual to do so after the second request from the Board
of Ethics;
3. The Board of Ethics be required to disclose when it has determined that
there is sufficient probable cause of unethical behavior to warrant a hearing;
4. The Board of Ethics be required to disclose when it uses a penalty for
unethical conduct; and
5. The Board of Ethics be required to publicize its meetings and to meet in
public session unless the matter to be discussed shall require executive
session.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE BOARD OF ETHICS AND THE
CORPORATION COUNSEL.
No. 106
BY: MR. COLLINS
PARTICIPATE IN RESOLUTION TRUST CORPORATION
(RTC) AFFORDABLE HOUSING PROGRAM
WHEREAS: The Resolution Trust Corporation (RTC) was established
by congress in August, 1989 to contain, manage and sell failed savings
institutions and recover taxpayer funds through the management and sale of the
institutions' assets; and
WHEREAS: The establishment of this act approved numerous amendments to
improve and strengthen RTC's affordable housing program; and
WHEREAS: Several of these amendments authorized RTC to negotiate directly
with public agencies and nonprofits to purchase affordable housing; and
WHEREAS: As if March 31, 1991, RTC had seized 578 savings institutions and
had resolved 374, leaving 204 in conservatorship. Estimates of the total
number of institutions to be taken over range from 700 to 1,000; and
WHEREAS: In the past, it was difficult for a nonprofit or public agency to
bid in a competitive, 90-day marketing period to purchase buildings. With RTC
public agencies and nonprofits can have an exclusive 30-day opportunity to
purchase buildings at an affordable price; and
WHEREAS: The new direct sales program offers agencies and nonprofits new
opportunity to provide more affordable housing for their communities; and
WHEREAS: The direct sales program also offers public agencies the
opportunity to buy multifamily properties that they can then resell to
nonprofit organizations;
WHEREAS: By acting as an intermediary for a nonprofit organization, it "buys
time" for a nonprofit to develop rehabilitation plans and financing packages;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests the Department of Community Development, the
Commissioner of Assessment, the Corporation Counsel and the Comptroller to
review this resolution and file a report with this Council, indicating the
feasibility of participating in the RTC 's affordable housing program.
BE IT FURTHER RESOLVED:
That the above parties file their responses with this Common Council by 2:00 pm
Thursday, November 19, 1992.
ADOPTED.
No. 107
BY: MR. COLLINS
RETURN 1252 and 1228 JEFFERSON AVENUE TO THE FREE SPIRIT BAPTIST
CHURCH
WHEREAS: The Free Spirit Baptist Church at 1242 Jefferson Avenue
is looking to expand its facility; and
WHEREAS: The expansion plans include a new Sunday School nursery and
administrative offices; and
WHEREAS: Free Spirit Baptist Church holds title to properties at 1252 and
1228 Jefferson Avenue that the church claims are tax exempt; and
WHEREAS: According to liber 10373, page 592, the City of Buffalo on January
6, 1992 assumed ownership of 1252 and 1228 Jefferson; NOW, THEREFORE BE IT
RESOLVED:
That the Department of Assessment, the Division of Real Estate and the
Corporation Counsel report to this Council on the question of ownership and the
taxation status of the properties at 1252 and 1228 Jefferson Avenue; and BE IT
FURTHER RESOLVED:
That a response be filed with the City Clerk by 2:00 p.m. Thursday, November 5,
1992.
ADOPTED.
No. 108
BY: MR. COLLINS
POLICE HOMICIDES
WHEREAS: Two African-Americans have fallen victim to homicides
involving Buffalo police officers and Cheektowaga police officers during the
last three weeks; and
WHEREAS: both of these men were residents of the City of Buffalo; and
WHEREAS: these occurrences serve to make citizens less trustworthy of police
agencies; and
WHEREAS: this heightened fear serves to undermine the proposition of
community involvement in law enforcement; and
WHEREAS: these cases are of suspicious circumstances and should be
investigated thoroughly by the District Attorney of Erie County; and
WHEREAS: the outcome of these investigations could serve to enhance better
police/community relations; and
WHEREAS: the Flemming homicide has taken a strange twist of apparent
cover-ups by the Cheektowaga Police and the medical examining authorities;
NOW, THEREFORE, BE IT RESOLVED:
that this Common Council request the District Attorney to conduct a full-scale
grand jury investigation into the circumstances of these two homicides; and
BE IT FURTHER RESOLVED:
that the outcome of these investigations be reported directly to this honorable
body in detail; and
BE IT FINALLY RESOLVED:
that the District Attorney be encouraged to prosecute each case to the full
extent of the law where evidence of official misconduct has been discovered.
ADOPTED.
No. 109
BY: MR. COPPOLA
ORDINANCE AMENDMENT
CHAPTER 387 - SIGNS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 387-31 of Chapter 387 of the Code of the City of Buffalo
amended to read as follows:
387-31. Use of public right-of-way.
No portable sign nor a portion thereof may encroach upon the public
right-of-way without approval of said encroachment by the Commissioner of
Public Works and approval of use by the Common Council and without compliance
with the following conditions and with all other provisions of this chapter:
A. Application for a portable sign permit shall be made by the owner [and/or
lessee] of the sign with the Commissioner of Inspections and Licenses on forms
provided by the Department of Inspections and Licenses. The applicant shall
provide a one-fourth-inch-scale plot plan reflecting the size and location of
the sign.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
Matter in brackets [ ] to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 110
BY: MR. COPPOLA
REQUEST INFORMATION FROM
BSA ON OVERTIME
WHEREAS: The matter of overtime for municipal employees is of concern
to city taxpayers; and
WHEREAS: Overtime for Buffalo Sewer Authority employees is also a matter of
interest.
NOW THEREFORE BE IT RESOLVED THAT
This Common council requests a breakdown in overtime for all departments of the
Buffalo Sewer Authority for the months of July, August, and September, 1992.
ADOPTED.
No. 111
BY: MR. COPPOLA
REQUEST INFORMATION FROM DPW
REGARDING SIGNAL DIVISION
WHEREAS: Due to budget cuts, jobs and shifts have
been cut in the Traffic Signal Division of the Department of Public Works; and
WHEREAS: Since July 1, 1992, Signal Division employees
have not been assigned to work holidays resulting in no signal service for as
many as 72 hours; and
WHEREAS: When a worker is off due to illness, personal
leave, or vacation, no replacement is scheduled; and
WHEREAS: Prior to this budget year, Signal Division
employees always worked 24 hours per day, 365 days a year to ensure public
safety by answering thousands of traffic signal repair calls, replaced or
repaired damaged and missing stop signs, and made other damaged sign conditions
safe; they also installed flashing barricades at unprotected construction
sites, street cave-ins, collapsing buildings, fire sites, and flooded streets.
NOW THEREFORE BE IT RESOLVED THAT
Because of public safety and possible liability issues, this Common Council
requests that the Commissioner of the Department of Public Works inform this
Council what steps have been taken to ensure public safety under the present
working conditions of the Signal Division.
ADOPTED.
No. 112
BY: MR. COPPOLA
REQUEST MEETING WITH U.S. ATTORNEY
WHEREAS: A jury of his peers has found former Parks Department
Commissioner Robert E. Delano guilty of racketeering and four other felony
charges; and
WHEREAS: Now that the trial is ended, there is no reason for the U.S.
Attorney not to disclose the names of all Parks Department employees who, under
questioning by his department, were found to be involved with the illegal
activities which existed while Mr. Delano was commissioner of Parks; and
WHEREAS: It is also imperative that the U.S. Attorney's office instruct
this Common Council on what authority it has in reviewing the list of employees
who admitted their guilt; and
WHEREAS: This instruction should be detailed to include the rights of said
employees.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that Council Staff schedule a meeting with U.S.
Attorney Dennis Vacco as soon as possible for the purpose of full disclosure of
the names of all Parks Department employees who have admitted their guilt in
being involved in the illegal activities which existed while Mr. Delano was
Commissioner of Parks.
BE IT FURTHER RESOLVED THAT
The meeting with U.S. Attorney Dennis Vacco be scheduled before the next full
Council meeting and should include instructions on what authority this Council
has in reviewing the list of employees and the rights of those employees.
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the District
Attorney for an opinion on what action this Common Council should pursue if
there are grounds for criminal charges upon full disclosure by the US Attorney;
and
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to the Board of Ethics
for an opinion on what disciplinary action or sanctions should be pursued for
any wrongdoing by city officials or employees which may be uncovered upon full
disclosure by the US Attorney.
ADOPTED.
No. 113
BY: MR. FAHEY
APPOINT MR. WOLF, MR. BARONE, & MS. OGDEN, TO THE BOARD OF ASSESSMENT
REVIEW
WHEREAS: Many City of Buffalo residents have challenged this year's
new assessments of their properties; and
WHEREAS: Due to the increase in hearings the Board of Assessment Review
must conduct because of the challenges, more work will be required of the
Board; and
WHEREAS: It is in the City's and in the Board of Assessment Review's best
interest to appoint additional qualified individuals to this board; and
WHEREAS: Mr. Paul Wolf, a life-long resident of the Black Rock neighborhood
in the City of Buffalo, is considered very proficient in the field of property
assessment with his experience as an attorney and is an active member of the
Black Rock- Riverside Neighborhood Housing Services; and
WHEREAS: Mr. Daniel P. Barone, a graduate of the SUNY at Buffalo School of
Architecture & Environmental Design, is a skilled designer in this city and
surrounding areas. Mr. Barone is also an associate of the Planning Group, a
residential architects and consultants company; and
WHEREAS: Ms. E. Jeannette Ogden, an attorney
in the City of Buffalo, is a board member of Erie Community College's Board of
Trustees. Additionally, Ms. Ogden is active with the Community Action
Organization Information Center; and
NOW THEREFORE BE IT FINALLY RESOLVED:
That this Common Council appoint Mr. Paul Wolf, Mr. Daniel Barone, and Ms. E.
Jeannette Ogden as temporary members to the Board of Assessment Review.
ADOPTED.
No. 114
BY MESSRS. FAHEY AND HIGGINS
REAPPOINTMENT OF DENNIS N. DARGAVEL TO BOARD OF ASSESSMENT REVIEW
WHEREAS: Pursuant to Section 523 of the Real Property Tax Law
of New York State, the Common Council has the authority to appoint five members
of the Board of Assessment Review; and
WHEREAS: Dennis N. Dargavel has served as a member of the Board of
Assessment Review since 1991 having been appointed to fill an unexpired term;
and
WHEREAS: A lifelong City resident, he is a licensed real estate broker with
more than 19 years of experience appraising and managing property in Buffalo;
and
WHEREAS: As an experienced member and current Board Chairman
with an extensive working knowledge of property and house values, Dennis N.
Dargavel's continuation of service would be beneficial to the Assessment Review
Board.
NOW, THEREFORE BE IT RESOLVED:
That pursuant to the Real Property Tax Law of New York Section 523, this Common
Council reappoints Dennis M. Dargavel, 58 Brost Drive, Buffalo New York to the
Board of Assessment Review for a term of five years.
ADOPTED.
No. 115
BY: MESSRS. FRANCZYK, BELL, COLLINS AND PITTS
EAST SIDE EXCLUDED FROM BOND ACT "WISH LIST"
WHEREAS: The City of Buffalo submitted a "wish list" of projects
to be funded largely by public funds through the New York State Jobs Bond Act,
to be voted on by the electorate on November 3; and,
WHEREAS: A myriad of city projects, including tens of millions of dollars in
public subsidy have been proposed, including an Elmwood/Hertel Consumer Square,
a Peace Bridge Inspection Facility, a Main/Lasalle Technology and Research
Campus, Exchange Street Reconstruction, Pavilion Waterfront development and LTV
Steel/Waterfront Revitalization; and,
WHEREAS: A number of these projects have been in the discussion stage for a
number of years, while others appear to be new requests, such a the
Elmwood/Hertel Consumer Square; and,
WHEREAS: In the fierce competition for public dollars, this "wish list"
pointedly omits those communities most severely savaged by disinvestment, urban
blight, loss of capital, and other social and economic depredations; and,
WHEREAS: Not one "wish list" project has been proposed for the East Side of
Buffalo core neighborhoods, which are most
desperately in need of bond act and other funds ; and,
WHEREAS: The lion's share of funding for these projects will come from the
public sector, with a much smaller proportion assumed by wealthy private
developers; and,
WHEREAS: The City of Buffalo will be reduced to a city of "haves" and "have
nots" as public monies are channeled to "safe, stable" middle class enclaves
which already have a thriving, affluent retail and commercial core; and,
WHEREAS: The projects in and of themselves may indeed contain their own
merits and logic, but they girdle the city in a "loop" around the inner and
east sides; and,
WHEREAS: There are numerous distressed retail strips in need of bond
dollars, including Broadway-Fillmore, once the second largest retail strip in
Buffalo, the formerly thriving Genesee Street strip, now a shadow of its former
self; William Street from downtown to Fillmore; Clinton Street from downtown to
Bailey; and further south on Seneca Street and South Park between the Old First
Ward and the Perry projects; and,
WHEREAS: Any requests for state of federal funding from the city of Buffalo
must include neighborhoods where census information and demographics show the
greatest need, including the East Side; and,
WHEREAS: The city has engaged in a new home building program and has
earmarked block grant and other funds to the East Side, but the omission of a
"wish list" request for bond funds for an East Side project is a serious
mistake; and,
WHEREAS: The "wish list" was submitted to the state without any input or
comment from the Common Council, which should be part of the process;
NOW THEREFORE BE IT RESOLVED:
That the Common Council requests that any future project requests for New York
State bond act funding also include projects in Buffalo's most distressed
communities in East Buffalo, so that citizens in those neighborhoods can
benefit from economic and commercial development projects, including jobs.
BE IT FINALLY RESOLVED:
That this Common Council requests that the Commissioner of Community
Development appear before the Economic Development Committee to discuss these
concerns.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 116
BY: MR. FRANCZYK
CONSTRUCTION DEBRIS PICK-UP AT 958 NORTHAMPTON
WHEREAS: Large piles of contracting and construction debris have
been dumped on almost a weekly basis in front of the residential property at
958 Northampton Street; and,
WHEREAS: Neighborhood residents have been miffed by having their street
clogged by this unsightly and never-ending pile of debris; and,
WHEREAS: Residents are mystified when city garbage trucks are seen picking
up this trash on a regular basis; and,
WHEREAS: This construction material, which is put at the curb regardless of
the bulk trash pick up schedule, is supposedly thrown out by an entity known as
the Sharp Construction Company;
NOW THEREFORE BE IT RESOLVED:
That the Department of Streets/Sanitation, which has yet to respond to letters
or calls on this matter, report to the Council on this matter, including the
following inquiries:
* Why does the city pick up the construction debris at 958 Northampton on
almost a weekly basis?
* Does Sharp Construction Co. or any other entity have a contract with the
city to have this material picked up?
* Why is a construction company allowed to use a residential home for its
dumping ground for other construction jobs?
ADOPTED.
No. 117
BY: MESSRS. HIGGINS, COLLINS, AND COPPOLA
MEMORIALIZE NEW YORK STATE EXTEND EARLY RETIREMENT INCENTIVE TO
FIREBOAT EMPLOYEES
WHEREAS: On September 15, 1992 this Common Council passed L.L.
Intro # 14 - Early Retirement Incentive, which enabled eligible employees to
participate in a retirement incentive program authorized by Chapter 643, Laws
of 1992; and
WHEREAS: The commencement date of this program was October 1, 1992, with a
sixty (60) day open enrollment period; and
WHEREAS: Six crewmembers of the Fireboat Edward S. Cotter were forced into
retirement on July l, 1992, when the fireboat was taken out of service; and
WHEREAS: The crewmembers would have been perfect candidates for this
Retirement Incentive Program and its overall cost saving objectives; and
WHEREAS: This Council has gone on record in favor of extending the
retirement incentive to the eligible Cotter employees through the adoption of
Resolution No. 183 "Extend Retirement Program to Laid Off Fireboat Workers" on
September 15, 1992; and
WHEREAS: In order to be able to offer this incentive to the Fireboat
workers, enabling legislation from the state is required;
NOW, THEREFORE, BE IT RESOLVED:
This Common Council Memorialize the New York State Legislature to enact
legislation which would enable the City of Buffalo to offer this early
retirement incentive to those eligible former employees of the city who lost
their jobs due to the elimination of the Fireboat Cotter; and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this resolution to Governor
Cuomo, the Secretary of the Senate, the Clerk of the Assembly and the members
of the Western New York delegation of the State.
ADOPTED.
No. 118
BY: MR. PERLA
THE LIFE MEMORIAL PARK
WHEREAS: City owned vacant parkland exists at the
corner of Porter Avenue, Normal Avenue, and Jersey Street, described as the
west corner of Normal (on Normal triangle) and listed as 458 Porter Avenue; and
WHEREAS: This parkland has been placed on the National Registry of the
Olmsted Park System to reinforce that it is a vital part of the Olmsted Park
System and should remain parkland; and
WHEREAS: The parkland has never been, nor is currently named; and
WHEREAS: A group of concerned individuals have formed
a coalition under the current title of The Life Memorial Park Committee whose
goal it is to heighten the awareness of the devastating disease AIDS, a disease
that has caused the premature death of a significant portion of our population;
therefore, it is hereby proposed that this designated parkland be given a name
-- THE LIFE MEMORIAL PARK -- to commemorate people who resided in Buffalo and
Western New York, and who have died of AIDS; and
WHEREAS: The Life Memorial Park Committee, is proposing that the park be
dedicated THE LIFE MEMORIAL PARK through the placement of a plaque on the
premises, at its own expense, to be dedicated on December 1, 1992 -- World AIDS
Day; and
WHEREAS: The Buffalo Friends of Olmsted Parks was contacted by The Life
Memorial Park Committee and has offered support and encouragement for the
project, and Kleinhans Community residents also support this project; and
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo designate this parkland located
at 458 Porter Avenue as THE LIFE MEMORIAL PARK; and
BE IT FURTHER RESOLVED:
That the Common Council authorize The Life Memorial Park Committee to place a
plaque on the premises, at its own expense, on December 1, 1992 - World AIDS
Day.
ADOPTED.
No. 119
BY: MR. PERLA
AMEND CITY ROOMING AND BOARDING HOUSE ORDINANCES TO MANDATE THE
OWNER OR A CARETAKER TO RESIDE ON THE PREMISES OR WITHIN 500 FT. OF THE ROOMING
OR BOARDING DWELLING
WHEREAS: A large number of boarding or rooming houses are in operation
in the Niagara District and throughout the City of Buffalo; and
WHEREAS: The majority of boarding or rooming house tenants are largely
transient people who have little interest in sustaining or maintaining these
properties in respectable conditions; and
WHEREAS: Poor screening and monitoring of these transient tenants may
promote undesirable activities such as prostitution, drug dealing and
disruptive behavior which are common complaints attributed to poorly run and
maintained boarding houses; and
WHEREAS: The presence of the owner or a caretaker with vested interest in
these dwellings could greatly improve the orderly conduct of tenants and give a
"hands-on" maintenance service to improve the quality of living at the
dwellings; and
WHEREAS: With city housing falling into serious disrepair and the crime rate
within the city rising at a fast pace, the owners of these dwelling must act
responsibly.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Corporation Counsel amend the city rooming and
boarding house codes and ordinances to read as follows: mandate that the owner
or a caretaker reside on the premises or within 500 ft. of a rooming or
boarding house within the city of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL.
No. 120
BY: MESSRS. PERLA, ARTHUR, HIGGINS AND BELL
RECOGNIZE SOVEREIGNTY OF SENECA NATION
OF INDIANS
WHEREAS: The Congress of the United States passed a Concurrent
Resolution No. 331 on October 4, 1988, to acknowledge the contribution of the
Iroquois Confederacy of Nations to the development of the United States
Constitution and to reaffirm the continuing government-to-government
relationship between the Indian tribes and the United States established in the
Constitution which proclaimed
THAT the original framers of the Constitution, including, most notable, George
Washington and Benjamin Franklin, are known to have greatly admired the
concepts of the Six Nations of the Iroquois Confederacy;
THAT the confederation of the original Thirteen Colonies into one republic was
influenced by the political system developed by the Iroquois Confederacy as
were many of the democratic principles which were incorporated into the
Constitution itself; and
That since the formation of the United States, the Congress has recognized the
sovereign status of Indian tribes and has through the exercise of powers
reserved to the Federal Government in the Commerce Clause of the Constitution
(art. I, s.2, cl. 3), dealt with Indian tribes on a government-to-government
basis and has, through the treaty clause (art. II, s.2, cl. 2), entered into
three hundred and seventy treaties with Indian tribal Nations;" and
WHEREAS: The second such treaty the United States entered into with Indians was
with the Six National, at Fort Stanwix in 1784, wherein Congress assumed a
trust responsibility and obligation to Indian tribes and their members; and
WHEREAS: subsequent Six Nations treaties at Fort Harmar in 1789 and at
Canandaigua in 1794 guaranteed both the protection of the United States and
also that the Indians were not to be disturbed in the free use and enjoyment of
their reservation lands; and
WHEREAS: We citizens of the United States and Western New York and the People
of the Seneca Nation of Indians in Western New York are celebrating the 150th
anniversary of the Buffalo Creek Compromise Treaty of 1842, signed on May 20 by
the United States and witnessed by the State of New York at the Buffalo Creek
Reservation, (presently the area of the greater South Side of Buffalo and
Easterly southerly Towns of Erie County), in which Article IX of said treaty
states:
ARTICLE NINTH. The parties to this compact mutually agree to solicit the
influence of the Government of the United States to protect such lands of the
Seneca Indians, within the State of New York, as may from time to time remain
in their possession thereof shall have been relinquished by them.
"In witness whereof, the parties to these presents have hereunto, set their
hands and seals the day and year first above written."; and
WHEREAS: The Supreme Court decisions declare that any treaty ambiguity is to be
resolved in favor of the weaker party, in this case the Indians; and
WHEREAS: In 1950 the federal government passed Sec. 233 of the federal Indian
Law:
"Provided further, that nothing in this section shall be construed as
subjecting the lands within any Indian Reservation in the State of New York to
taxation for state or local purposes..."; and
WHEREAS: Congress on December 4, 1991 passed a Joint Resolution (Public Law
102-188) requesting the President to proclaim 1992 as the "Year of the American
Indian" and President Bush on March 2, 1992 issued such Proclamation (6407);
and
WHEREAS: As reported in the 1820 Journal of the New York State Senate, Governor
DeWitt Clinton told the Seneca Nation of Indians at a meeting of their Chief on
Feb. 7, 1820,
"You desire to know the full extent of your rights in your reservations - The
request is reasonable. You have an absolute and uncontrolled right to those
lands, to all they contain, and to all that they can produce."; and
WHEREAS: Again in 1845 the State Legislature, as duly reported Document 93
(Report of the Committee on Indian Affairs), recognized the legal fact that New
York has no jurisdiction over Indian Reservations...
"Recognizing the principle that no intelligent philanthropic mind will now
dispute, that the native Indians are the absolute owners in allodium, of all
the lands, until divested of them by their own voluntary act, ...";and
WHEREAS: In 1857 the New York State Legislature, as recorded in Senate Document
28 (Report on Judiciary Committee), stated in adopting a
no-taxes-on-Indian-reservations legislation:
From a careful examination of the several treaties heretofore made with
the Senecas, and decisions of the highest courts of this state and of the
United States, (6 Hill, 549; 5 Denio, 628; 6 Peters, 544; 9 Peters, 745; 2d
vol. Public Land Laws, p.158) your committee are clearly of the opinion, that
the Senecas do not hold the title to the Cattarauqus and Alleghany reservations
under the State of New York, not under the United States, but their title to
same is original, absolute and exclusive. And as the Senecas are not citizens
of this State, and have no representation in our Legislature, we claim no right
to tax them. (Chap. 378, Session Laws of 1845.) They are rather to be regarded
as a distinct and independent nation, having a constitution and representative
government of their own"; and
WHEREAS: The State of New York is now disturbing the Indians' peace and
enjoyment by attempting to collect state sales taxes an the sale of goods on
their reservations;
NOW, THEREFORE, BE IT RESOLVED:
That the City of Buffalo Common Council hereby acknowledges that the most
effective demonstration to celebrate the Year of the Indian is for the federal
and state governments to recognize the need to exercise the utmost good faith
in upholding our federal treaties with the Six Nations tribes as the tribes
understood them to be; and
BE IT FURTHER RESOLVED:
That this Honorable Body call upon the President and the Congress to perform
their duty to implement Article VII of the 1794 Treaty of Peace set forth
below:
"The United States and the Six Nations agree, that for injuries done by
individuals on either side, no private revenge or retaliation shall take place,
but instead thereof, complaint shall be made by the party injured to the other;
By the Six Nations or any of them, to the President of the United .... ."
"such prudent measures [shall be pursued] as necessary to preserve our peace
and friendship unbroken; until the legislature of the United States shall make
other equitable provisions for that purpose."; and
BE IT FURTHER RESOLVED:
That we renew our friendship of peace and protection with our Seneca Neighbors
and recognize their Sovereignty as an Indian Nation as our forefathers did; and
BE IT FURTHER RESOLVED:
That we urge the State of New York to honor the federal treaties signed by our
forefathers with the Six Nations and to cease and desist their tax enforcement
activities on Indian Reservation lands which violates treaty provisions that
guarantee that the Indians are not to be disturbed on their lands and that they
have free enjoyment of their lands that they occupied before forefathers even
stepped forth on this continent; and
BE IT FURTHER RESOLVED:
That we call upon the President and Congress to observe and comply with the
terms of the Treaties with the Six Nations and to protect the Indians against
New York's misconduct; and
BE IT FURTHER RESOLVED:
That we request that our federal and state governments, as a minimum,
celebrate the Year of the American Indian by keeping the word our
forefathers made to the Members of the Iroquois Confederacy; and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the Seneca Nation's Tribal Council, to President George Bush, Senator Daniel
Patrick Moynihan, Senator Alphonse D'Amato, the Western New York delegation of
Congress, Governor Mario Cuomo, the Secretary to the New York State Senate, the
Clerk of the New York State Assembly, and the Western New' York delegation to
the New' York State Legislature.
ADOPTED.
No. 121
BY: MR. PERLA
COMPLIANCE OF ADVENTURE CLUB-124 ELMWOOD
WHEREAS, the Adventure Club is operating as a restaurant with
dancing, at 124 Elmwood Avenue, without a Restricted Use Permit; and
WHEREAS, the Corporation Counsel has concluded that a Restricted Use
Permit is necessary for the current operation of the Adventure Club; and
WHEREAS, no Restricted Use Permit has been applied for or issued, and an
application for dancing license has been denied;
NOW, BE IT RESOLVED, that;
The Corporation Counsel is hereby requested to take all appropriate and
necessary action, to seek. compliance of the Adventure Club with the relevant
sections of the City Code, including the Zoning and Licensing provisions.
ADOPTED.
No. 122
BY: MR. PITTS
COMMITMENT OF $200,000 OF COMMUNITY FOR THIS RESOLUTION DEVELOPMENT
BLOCK GRANT FUNDS TO RENOVATE THE FORMER ST ANN'S RECTORY
WHEREAS: The former St. Ann's Rectory Located at 371 Watson Street
is currently vacant; and
WHEREAS: Delta Development of Western New York, Inc. ("Delta") has
undertaken the task of renovating the Rectory into nineteen units of housing
for low income and handicapped individuals; and
WHEREAS: Delta has secured a commitment of $935,580 from New York Housing
Trust Fund Corporation; and
WHEREAS: Delta has secured a commitment in excess of $1,700,000 over
seven years from an investor in the project in exchange for Low-income housing
tax credits; and
WHEREAS: Delta has secured a commitment for a construction Loan of
$1,200,000 from Allied Irish Bank; and
WHEREAS: Delta has received as preliminary commitment of $200,000 from
the City of Buffalo to complete the financing of this project; and
WHEREAS: Delta needs a formal commitment of these funds to the project in
order to complete the above described financing arrangements and commence
construction in 1992.
NOW THEREFORE BE IT RESOLVED THAT: This Common Council hereby formally commits
$200,000 of year nineteen Community Development Block Grant funds to the
renovation of the St. Ann's Apartments
ADOPTED.
No. 123
BY: MR. PITTS
APPOINTMENT OF GERALD RISING TO THE PEST
MANAGEMENT BOARD
WHEREAS: Dr. Brian Shero has served with distinction on the Buffalo
Pest Management Board since his appointment by the Common Council in May of
1990; and
WHEREAS: Dr. Shero has been active on the Schools Committee of the Board and
was instrumental in negotiating the "least-toxic" bid specifications which are
currently used by the Board of Education; and
WHEREAS: Dr. Shero, who is Chair of the Science Department at Medaille
College, has recently submitted his resignation from the Board due to expanded
responsibilities he has taken on within the College; and
WHEREAS: Gerald R. Rising has been actively participating on the Board as a
non-voting member, supplying useful information and perspectives on pesticide
issues; and
WHEREAS: Mr. Rising, a retired SUNYAB Mathematics Education Professor,
writes the weekly column "Nature Watch" for the Buffalo News and is a respected
local naturalist; and
WHEREAS: The Impact of pesticides on bird populations is an important
indicator of pesticide problems, and Mr. Rising is an active member of the
Buffalo Ornithological Society and is the New York State compiler of
information for the quarterly publication "American Birds";
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints Gerald Rising of 295 Robinhill Drive,
Williamsville 14221 to the Buffalo Pest Management Board to replace Dr. Brian
Shero.
ADOPTED.
No. 124
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
VARIOUS DEPARTMENTS
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to various departments listed below, is hereby amended by
adding thereto as follows:
06 - ADMINISTRATION AND FINANCE
4 - PARKING
013 - PARKING METERS AND ENFORCEMENT
1 Laborer II Hourly $9.02 - $10.26
031 - TOWING AND STORAGE OPERATIONS
1 Laborer II Hourly $9.02 - $10.26
10 - DEPARTMENT OF GENERAL SERVICES 4 - DIVISION OF INVENTORY AND STORES
001 - INVENTORY MANAGEMENT
3 Laborer II Hourly $9.02 - $10.26
40 - DEPARTMENT OF PUBLIC WORKS 1 - DIVISION OF ENGINEERING
015 - REPAIR AND CONSTRUCTION OF OTHER PUBLIC IMPROVEMENTS
2 Street Repair Workers $20,390 - $22,815
021 - ADMINISTRATIVE SERVICES
1 Bridge Operating Engineer $20,912 - $23,503
60 - DEPARTMENT OF PARKS
1 - DIVISION OF PARKS
001 - PARK DISTRICT GOLF COURSES AND GARDENS
1 Laborer I Hourly $8.26 - $9.38
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, RICHARD PLANAVSKY, Commissioner of Administration and Finance, DANIEL
BOHEN, Commissioner of General Services, DAVID P. COMERFORD, Commissioner of
Public Works, STANLEY BUCZKOWSKI, Commissioner of Parks and THOMAS F. KEENAN,
Director of the Budget, recommend that the above stated positions be reinstated
as set forth in the foregoing ordinance.
This ordinance shall be effective retroactive to July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 12 NOES- 0
No. 125
BY: MR. ZUCHLEWSKI
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE
OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Arthur J. Pfenninger
Barry E. Weinstein
TOTAL: 2
ADOPTED.
No. 126
BY: MR. ZUCHLEWSKI
RECOVERY OF BACK TAXES AND FEES
WHEREAS: The City of Buffalo has an estimated $9 million in outstanding
property taxes, and
WHEREAS: The Parking Enforcement Division has an estimated $16 million in
revenues owed to the City of Buffalo from delinquent parking fines, and
WHEREAS: Another $2 million is owed by delinquent demolition accounts, and
WHEREAS: Other outstanding funds can be found in the
Water Dept., property damage claims and other sources, and
WHEREAS: The City of Buffalo is facing a possible budget deficit of $ 2
million for the current fiscal year and a reported $24 million for 93-94, and
WHEREAS: In the 92-93 budget, the Comptroller was given the personnel to
coordinate and centralize the collection of some of these past due accounts,
and
WHEREAS: Even through a centralized collections system, some accounts will
be deemed uncollectible or come to a point where it may not be worth the staff
time to devote to collecting, and
WHEREAS: There is no policy for the use of outside collection agencies to
collect our most difficult accounts, even though they only get paid for
results,
NOW, THEREFORE BE IT RESOLVED:
That this Common Council request from the Comptroller and the Dept. of
Administration and Finance an up to date list of all outstanding funds owed to
the City of Buffalo,
BE IT FURTHER RESOLVED:
That the Comptroller and Dept. of Administration and Finance report to
this Common Council on the procedures and policies developed to collect
outstanding accounts and at what point will accounts be turned over to private
collection agencies.
ADOPTED.
No. 127
BY: MR. ZUCHLEWSKI
FUNDING NEEDS OF THE BOARD OF EDUCATION
WHEREAS: Recently reported budget estimates for the fiscal year
1993-94 have indicated further budget woes for the City of Buffalo with a
possible $24 million budget deficit, and
WHEREAS: During this current budget year, the Buffalo
Board of Education used a $5 million contingency fund to restore various
positions within their budget, and
WHEREAS: The Board of Education has requested a supplementary appropriation
for this fiscal year of $9.8 million dollars, and
WHEREAS: These funds have been used to maintain the current level of
educational service and not toward any restoration of programs or reduction of
class size, and
WHEREAS: The budget deficit figures that have been reported don't even talk
about the needs of the Board of Education, even though education is one of the
most vital services the City of Buffalo provides to its citizens,
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council ask the Board of Education for a preliminary
funding needs assessment for the fiscal year 1993-94 for the purpose of
including the needs of the Board of Education in any discussions regarding the
fiscal needs of the City of Buffalo in the next budget year.
ADOPTED.
No. 128
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE WEDNESDAY, NOV 4, 1992 9:30 Am
FINANCE WEDNESDAY, NOV 4, 1992
Immediately following Civil Service
LEGISLATION WEDNESDAY, NOV 4, 1992 2:00 PM
ECON. DEV. Wednesday, NOV 4, 1992, 1:00 PM
No. 129
ADJOURNMENT
On motion by Mrs. LoTempio, seconded by Mr. Higgins the Council
adjourned at 4:00 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.