HomeMy WebLinkAbout92-1124
No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 24, 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, November 24, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla, Pitts, and
Zuchlewski - 11.
ABSENT - Bakos, Bell- 2.
On a motion by Mr. Fahey, seconded by Mr. Franczyk, the minutes of the stated
meeting held on November 10, 1992 were approved.
FROM THE MAYOR
No. 1
Reappointment of member of
Emergency Medical Services Board
Pursuant to the powers vested in me by Section 6 of Chapter 72
of Part II of the Code of the City of Buffalo, I hereby reappoint Michael V.
Walters, residing at 13 Woodard Avenue, Angola, New York - 14006, as a member
of the Emergency Medical Services Board for a term expiring on August 14, 1995.
I hereby certify that Michael V. Walters is fully qualified for
reappointment to the Emergency Medical Services Board.
RECEIVED AND FILED.
No. 2
Reappointment of members of City Planning Board
Pursuant to the powers vested in me by Section 316 of the Charter
of the City of Buffalo, I hereby reappoint, subject to confirmation by your
Honorable Body, the below listed persons as members of the City Planning Board
for terms expiring on October 9, 1995.
Donald L. Champagne 72 Burke Drive
Buffalo, 14215
Horace A. Gioia 49 Clarendon Place
Buffalo, 14209
Ms. Elizabeth L. Ruddy 1 Duane Terrace
Buffalo, 14214
I hereby certify that the above listed persons are fully qualified for
reappointment to the City Planning Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
"STATE-MANDATED EXEMPTIONS TO
MUNICIPAL RESIDENCY REQUIREMENTS"
Recently the Council adopted a memorialization to the Governor
and State Legislature that requested legislation to eliminate State-mandated
exemptions to municipal residency requirements. I have been a longtime
advocate of eliminating such exemptions.
In May of this year I learned that Governor Cuomo would propose a
residency requirement for incoming uniformed New York City employees. I sent
the Governor a letter (attached) asking for similar legislation for Buffalo.
As I stated in my letter I proposed a residency law for uniformed City
employees in 1977 when I was a member of the State Senate.
We must work together to impress upon the Governor and State Legislature
the importance of speedy passage of legislation eliminating State mandated
exemptions to municipal residency requirements.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 4
Greenbridge Development Co.
Petition to rezone Ellicott Mall Housing (169-281 Eagle St.) from R4 to C2.
(Item No. 79, C.C.P., November 10, 1992)
The City Planning Board at its regular meeting held Tuesday, November
17, 1992, considered the above petition pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone the 14.2 acre Ellicott Mall complex from
its current zoning classification of R4 to C2 zone. The proposed rezoning will
allow for the rehabilitation and revitalization of the currently vacant
Ellicott Mall.
Phase one of the project involves the renovation of two existing towers,
the development of 19 new town houses, and the construction of 20,000 square
feet of commercial/community service uses. Subsequent phases will include the
renovation of the remaining six towers, 18 additional town houses, and 40,000
square feet of non residential, commercial/community service related uses.
The C2 zone would allow such development to occur and be in keeping with
the community oriented thrust of the proposed renovation. Under S.E.Q.R., the
proposed rezoning is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the requested rezoning.
RECEIVED AND FILED.
No. 5
Atlantic Refining Co. - Request to place
an illuminated pole sign at 2731 Delaware Ave.
(No. 80, C.C.P., November 10, 1992)
The City Planning Board at its regular meeting held Tuesday, November
17, 1992, considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to replace an existing accessory sign with a new
smaller sign. The proposed sign will be 21 feet in overall height and will
have a sign face area of 110 square feet (8 feet 2 inches by 13 feet 7 inches).
The sign will be located in a C2 zone which permits such signage. 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 accessory sign.
RECEIVED AND FILED.
No. 6
M. Linde - Request to encroach
the right-of-way at 2059 Clinton Street.
(Item No. 28, C.C.P., November 10, 1992)
The City Planning Board at its regular meeting held Tuesday, November
17, 1992 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-way Encroachments.
The applicant, a pastry shop, seeks to build a new facade which will
involve the following encroachments:
1. a new facade which will project 5" into the right-of-way,
2. an overhang which will project 2'6" into the right-of-way,
and
3. a door which will open onto the right-of-way.
No public appurtenances are affected by the proposed encroachments and
the Department of Public Works has recommended that a "mere license" be granted
for them. Under S.E.Q.R., the proposed encroachments are considered a Type Il
action which does not require further environmental review.
The Planning Board voted to approve the encroachments as presented.
RECEIVED AND FILED.
No. 7
Ronald D. Bernys - Petition to rezone 359, 361 Dingens St. and 588 S. Ogden St.
(Item No. 78, C.C.P., November 10, 1992)
The City Planning Board at its regular meeting held Tuesday, November
17, 1992, considered the above petition pursuant to Section 511-126 of the
Buffalo Code, Procedures for Changes and Amendments.
The applicant seeks to rezone 359, 361 Dingens Street and 588 S. Ogden
Street from "R2" to "C1" for the purpose of building an ice cream stand with
seven accessory parking spaces.
Under S.E.Q.R., this item is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed rezoning.
RECEIVED AND FILED.
No. 8
Connecticut St. Revitalization Area
Urban Renewal Plan Amendment,
294-298 Plymouth Ave.
The City Planning Board at its regular meeting held Tuesday, November
17, 1992 considered an amendment and conducted a public hearing for the
Connecticut Street Redevelopment Area Urban Renewal Project, pursuant to
Section 505 of the General Municipal Law.
The amendment involves changing the land use designation of 294-298
Plymouth Avenue (12,500 square feet) in the revitalization area from
"commercial" to "residential." This would allow for the development of two
3-bedroom homes on the parcel.
The City Planning Board conducted a public hearing for the proposed
amendment. Opponents and proponents were invited to speak. Mr. Charles
Thomas, representing the developer, made a presentation to the Board. No
opposition to the proposed development was heard. The Board felt that the
proposed development was appropriate due to the growing need to provide infill
housing in the city. The Board also noted that commercial development has been
slow in the area and that new housing may help to bolster such activities in
the future.
After deliberation, the Board voted its unqualified approval for the
amendment and notes that under S.E.Q.R., it is considered an unlisted action
which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE PRESERVATION BOARD
No. 9
Proposed Landmark Designation 60 Hedley Place
At its regular meeting October 29, 1992, the Buffalo Preservation
Board, having conducted a public hearing on October 1, 1992, as required by the
Preservation Standards of the Buffalo Code, recommended designation of 60
Hedley Place, Buffalo, New York 14203, as a local historic landmark.
This recommendation is the result of findings contained in a report
prepared by the Board's Landmark Designation Committee. A copy of the
Committee report and the Landmark Application/Photos are enclosed for your
information. (refer to attachments 1 & 2)
The Preservation Board determined that this structure meets the following
criteria specified in the Code for landmark designation:
a) It has character, interest and value as part of the development, heritage
and cultural characteristics of the city of Buffalo;
b) It exemplifies the historic and archeological heritage of the city.
c) It embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type and method of construction and use of
indigenous materials.
d) It embodies elements of design, detailing, materials and craftsmanship that
render it architecturally significant.
Pursuant to Article Ill, Sections 337-9 through 12, of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on the this
item and report back to the Common Council with a recommendation on its
findings.
For your information, the owner of the property supports the proposed
landmark designation, (refer to attachment 3).
The owner is:
Mr. John Eberhart
231 E. Delavan Avenue
Buffalo, New York 14208
For the record, the vote by the Preservation Board on this item was as follows:
AYES: Conlin, Draper, Fox, Lownie, Levin, Rand, Rumsey
NAYES: None
ABSENT: Bis, Deck, Forton, Leary
Motion carried.
The application was prepared and submitted by:
Ms. Carolyn Schaffner
c/o The Preservation Coalition of Erie County
P.O. Box 768
Buffalo, New York 14213
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 10
Proposed Landmark Designation
Parkside Lutheran Church
2 Wallace Avenue
At its regular meeting October 29, 1992, the Buffalo Preservation
Board, having conducted a public hearing on October 1, 1992, as required by the
Preservation Standards of the Buffalo Code, recommended designation of Parkside
Lutheran Church, 2 Wallace Avenue, Buffalo, New York 14214, as a local historic
landmark.
This recommendation is the result of findings contained in a report
prepared by the Board's Landmark Designation Committee. A copy of the
Committee report and the Landmark Application/Photos are enclosed for your
information. (refer to attachments 1 & 2)
The Preservation Board determined that this structure meets the following
criteria specified in the Code for landmark designation:
a) It has character, interest and value as part of the development, heritage
and cultural characteristics of the city of Buffalo;
b) It exemplifies the educational and cultural heritage of the city.
c) It is the work of an architect whose individual work has influenced the
development of the city;
d) It embodies elements of design, detailing, materials and craftsmanship that
render it architecturally significant;
e) It is a unique location or contains singular physical characteristics that
make it an established or familiar visual feature within the city.
Pursuant to Article III, Sections 337-9 through 12, of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on the this
item and report back to the Common Council with a recommendation on its
findings.
For your information, the owner(s) are the applicant for the proposed
landmark designation .:
Pastor John A. Buerk
Parkside Lutheran Church
2 Wallace Avenue
Buffalo, New York 14214
For the record, the vote by the Preservation Board on this item was as follows:
AYES: Conlin, Draper, Fox, Lownie, Levin, Rand, Rumsey
NAYES: None
ABSENT: Bis, Deck, Forton, Leary
Motion carried.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE EMERGENCY MEDICAL SERVICES BOARD
No. 11
"Increase Medicaid Reimbursement
Rate for Ambulance Service"
(C.C.P. #120, November 10, 1992)
I have reviewed C.C.P. #120, November 10, 1992, and fully concur
with its contents. I strongly recommend that this resolution be passed.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 12
Certificate of Determination
Revenue Anticipation Notes
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION,
ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $75,000,000 REVENUE ANTICIPATION
NOTES--1992/93-A OF THE CITY OF BUFFALO, NEW YORK.
The Notes are hereby sold at private sale to Donaldson, Lufkin & Jenrette
Securities Corp. New York, New York, as Managing Underwriter on behalf of
itself and other underwriters pursuant to the Contract of Purchase dated
November 12, 1992, between said Managing Underwriter and the City. The Notes
will be dated November 19 1992 and will bear interest at the rate (3.45%) per
annum, payable on July 15, 1993.
The Notes will be delivered and shall be paid for on or about November
10, 1992 in New York, New York.
An Official statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716)851-5255.
RECEIVED AND FILED.
No. 13
Permission to Negotiate
363-371 Ferry East
S 545.36' E Dupont
Assessed Valuation:
Land: $19,000
Total: $25,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Rev. Benny Sheppard of the Church of Devine Christianity, P.O.
Box 525, Buffalo, New York 14205 to purchase the above captioned property.
Rev. Sheppard would like to purchase this property and rehabilitate for
church purposes.
The Tax and Demolition Lien Offices were contacted and there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Permission to Negotiate
57 Lemon, E 504' N Cherry
Vacant Land: 25' x 100'
Assessed Valuation: $300
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. & Mrs. David Brown of 55 Lemon Street, Buffalo, New York to
purchase the above captioned property.
Mr. & Mrs. Brown would like to purchase 57 Lemon for extra yard space.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved
That the communication from the Comptroller dated November 12, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. and Mrs. David Brown residing at 55 Lemon Street, Buffalo, New York for the
private sale of 57 Lemon Street, and report to this Honorable Body the results
of such negotiations.
ADOPTED.
No. 15
Permission to Negotiate
27 Spring, E 36.27' N Myrtle
Vacant Land: 27' x 59'
Assessed Valuation: $600
The Office of the Comptroller, Division of Real Estate, has received
a request from New Era Cap Co., Inc., (David Koch) to purchase the above
captioned City-owned property.
New Era Cap Co., Inc. occupies a large facility at the corner of Myrtle
and Spring Street, a.k.a. 500-546 Seneca. Mr. Koch also owns property at 332
Myrtle, which is adjacent to the property in question. New Era Cap Co., Inc.
would like to purchase this property for parking for its' employees.
The Departments of Inspections and Community Revitalization and Community
Development have been contacted and they have no objections to this sale. The
Tax and Demolition Lien Offices were contacted and there are no outstanding
taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved
That the communication from the Comptroller dated November 12, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
New Era Cap. Co., Inc. (David Koch), 500-546 Seneca Street, Buffalo, New York
for the private sale of 27 Spring Street, and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 16
Results of Negotiations
513 Grider, E N Corner Mapleridge
Parking Lot Size: 34' x 128'
Assessed Valuation: $8,800
The Office of the Comptroller, Division of Real Estate, was contacted
several months ago by Pastor W. G. Hall, Open Door No. 4 Church of God in
Christ, 525 Grider Street, Buffalo, New York 14215 regarding the above
captioned property.
The above property was formally owned by the Church and unbeknownst to
them, until recently, the property was acquired by the City of Buffalo through
an In-Rem Auction in 1982. The tax period covered in the in-rem was for the
years 1977-1981. The property in question adjoins the church and is used for
parking. The Church has explained the circumstances surrounding the oversight
of tax notices and has requested to reacquire the property.
As Your Honorable knows it has been City policy not to negotiate with
former owners who's properties have been obtained through in-rem or with
purchasers who have a pending judgement or lien with the City. However, where
certain circumstances warrant properties have been acquired by the former
owners.
It is the policy of this office to sell properties to the former owners
only when the purchasers have agreed to pay for the amount of lost revenues or
the fair market value of the property, which ever is greater. The Church has
agreed to pay Four Thousand Five Hundred and Forty Dollars and Forty-Eight
Cents ($4,540.48), which represents the amount of tax revenues lost from the
period of 1977 through and including 1992-92. This amount exceeds the fair
market value of the property.
Therefore, I am recommending that Your Honorable Body approve the offer
of Four Thousand Five Hundred and Forty Dollars and Forty-Eight Cents
($4,540.48) from the Open Door No. 4 Church of God in Christ to reacquire the
above property. I am further recommending that Your Honorable Body authorize
the Mayor to sign the necessary documents for the transfer of title.
Mr. Fahey moved
That the communication from the Comptroller, dated October 21, 1992, be
received and filed; and
That the offer of Pastor W.G. Hall, Open Door No. 4 Church of God in
Christ at 525 Grider Street, Buffalo, New York in the sum of $4,540.48 (Four
Thousand Five Hundred and Forty Dollars and Forty Eight Cents) to purchase the
property described as 513 Grider Street, 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- 11 NOES- 0.
No. 17
Renewal Lease Agreement Between the City of Buffalo and Northwest Buffalo
Community Center, Inc.
Munchkinland Day Care Center
Pursuant to Item # 26, C.C.P. October 16, 1990, Your Honorable
Body authorized the leasing of a day care center at 902-904 Tonawanda Street to
Northwest Buffalo Community Center, Inc. - Munchkinland Day Care Center.
This office has received a request from Mr. Lawrence T. Pernick, Jr. to
renew said lease for a three year period under the same terms and conditions as
the previous lease.
This lease renewal will be for the period of October 1, 1992 through
September 30, 1995. The annual rental will be $1.00 per year, payable in
advance. Insurance is to be provided saving the City of Buffalo harmless from
any liability set forth per Item # 197, C.C.P. March 31, 1987.
This Office recommends Your Honorable Body approve Northwest Buffalo
Community Center, Inc. - Munchkinland Day Care Center to renew their lease for
an additional three year period. I am further recommending that you authorize
the Mayor to execute the lease renewal.
Mr. Fahey moved
That the communication from the Comptroller, dated November 16, 1992, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Mr. Lawrence T. Pernick, Jr., of the Northwest Buffalo Community Center,
Inc. - Munchkinland Day Care Center for the use of 902-904 Tonawanda Street,
for a three year period, to commence on October l, 1992 and expire on September
30, 1995, at an annual rental of $1.00 (One Dollar), payable in advance. 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; and
That the Mayor is hereby authorized to execute the lease renewal
agreement, subject to approval as to form by the Law Department.
PASSED.
AYES- 11 NOES- 0.
No. 18
Renewal of Lease Agreement
Between the City of Buffalo and
South Buffalo Theater, Inc.
(Item No. 21, C.C.P., March 13, 1992)
The Comptroller's Office, Division of Real Estate has received
from the South Buffalo Theater, Inc. a request for a new lease agreement under
the same terms and conditions of their old lease which expired on February 28,
1992. The rooms requested to be used by the South Buffalo Theater, Inc. are
the Auditorium, Room 105, with prior notice to the senior group and the TV
room, located next to the stairway, which would be used during productions in
the evening only.
The terms of the lease call for a one year lease arrangement with a one
year option to renew. The lease shall be subject to cancellation at any time
by the City of Buffalo, upon 30 days written notice, with the same cancellation
privilege given to the tenant. The tenant will procure an owners, landlords and
tenants liability policy written by an insurance company licensed in the State
of New York, in the amount of $1,000,000 for bodily injury and property damage
combined, and keep the same in force during the full term of this lease, naming
the City of Buffalo as sole insured, and insuring the City of Buffalo against
all claims arising out of the use and occupancy of the premises by the tenant.
This office recommends that Your Honorable Body approve a new lease
agreement between the City of Buffalo and the South Buffalo Theater, Inc. under
the same terms and conditions as their previous lease. This office further
recommends that Your Honorable Body authorize the Law Department to prepare the
necessary agreement for execution.
Mr. Fahey moved
That the communication from the Comptroller, dated November 16, 1992, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the South Buffalo Theater, Inc. for the use of rooms at the former School 29,
2219 South Park Avenue, to include the Auditorium, Room 105, with prior notice
to the senior group and the TV room, located next to the stairway, which would
be used during productions in the evening only, for a one year lease
arrangement with a one year option to renew. The lease shall be subject to
cancellation at any time by the City of Buffalo, upon thirty (30) days written
notice, with the same cancellation privilege given to the tenant. The tenant
will procure an owners, landlords and tenants liability policy written by an
insurance company licensed in the State of New York, in the amount of
$1,000,000 for bodily injury and property damage combined, and keep the same in
force during the full term of this lease, naming the City of Buffalo as sole
insured, and insuring the City of Buffalo against all claims arising out of the
use and occupancy of the premises by the tenant; and
That the Law Department is hereby authorized to prepare the necessary
document for execution.
PASSED.
AYES- 11 NOES- 0.
No. 19
Temporary Lease of
380 North Oak Street - New Animal Shelter
This Office was contacted by the Commissioner of Community Development,
Mr. Iraci, and the Director of Buildings, Mr. O'Hara to assist them with
temporarily leasing the above property. Plans for the conversion of the
property will not be completed until the Spring of 1993.
The City has received a request to lease the property from Ms. Ellen Ott,
R & G Wholesale, 5042 Eastbrook Place, Williamsville, New York 14221. R & G
Wholesale will use the property for a wholesale florist business.
They have agreed to a month to month lease; have agreed to pay $3.00 a
sq. ft. ($1,740. a month); will pay all utilities; provide a security deposit
of $1,740 and provide insurance holding the City of Buffalo harmless from
liability and bodily injury.
In accordance with Section 517 of the City Charter, Your Honorable Body
must approve the above lease.
I am recommending that Your Honorable Body approve the above lease, since
it will produce additional revenues and save the City's cost to maintain
utilities during the winter months. I am further recommending that you
authorize the Corporation Counsel to prepare the necessary agreement.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Abandonment and Sale
Portion of 807 Tonawanda
This Office has received a request from Mr. Robert A. Fiorella
to purchase a 7' x 140' strip of land owned by the City of Buffalo. The strip
is part of 807 Tonawanda Street which is an access driveway to a R.A.P.P. lot.
The 7' x 140' strip is not part of the present driveway and serves no useful
purpose.
Mr. Fiorella needs this 7' x 140' parcel to provide sufficient parking
for a new building that he is constructing at the adjoining parcel located at
801-805 Tonawanda Street. The new construction consists of a 1st floor retail
store and 2 apartments on the second floor.
The Board of Parking has been contacted and they have no objection to the
sale.
Should Your Honorable Body approve the abandonment and sale of the above
mentioned portion of 807 Tonawanda Street, this office will sell the parcel in
accordance with Section 514 of the City Charter and report the results of
negotiations for final approval.
Mr. Fahey moved:
That the communication from the Comptroller dated November 16, 1992, be
received and filed; and
That pursuant to Sections 513 and 514 of the Charter, the Comptroller be
and he hereby is authorized to negotiate with Mr. Robert A. Fiorella for the
private sale of a 7' x 140' strip of land which is part of 807 Tonawanda
Street, this strip being no longer of public use, and the Comptroller is hereby
authorized to report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 21
Interfund Cash Loan for Capital Projects
Due to changes in the Internal Revenue Code enacted in 1986, I
have had to develop new procedures to implement the financing of the Capital
Improvements Budget. One of these procedures is an interfund loan from the
City General Fund to the City, Board and Enterprise Capital Projects Fund. The
interfund loan will then be repaid when Bond Anticipation Notes or Bonds are
issued to finance these projects.
As of today, we have one request for money to finance a Board of Ed.
project and we will not reenter the bond market until more projects have
requested funding.
We are requesting that you approve an interfund cash loan from the
General Fund to Board of Ed. Capital Projects Fund in the amount of $125,000
for Handicapped Access. The loan will be repaid when Bonds are issued
FROM TO ACCOUNT REPAYMENT DATE TOTAL
100 Gen 299 Cap. Proj 299-970-086 BAN/Bond Sale $125,000
Board of Ed.
Mr. Fahey moved:
That the communication from the Comptroller, dated November 20, 1992, be
received and filed; and
That the Comptroller be and he hereby, is authorized to make an interfund
cash loan from General Fund to the Board of Education Capital Projects Fund in
the amount of $125,000 for Handicapped Access. The loan will be repaid when
Bonds or Bond Anticipation Notes are issued.
PASSED.
AYES- 11 NOES- 0.
No. 22
Demolition Cost Collection
Offer of Compromise Settlement
178 North Parade
On or about 4/28/92, a structure at 178 North Parade was the subject
of an emergency demolition, at a cost to the City of $5,224.00 , funded by
Special Assessment Fund.
The Office of Collections has negotiated with the owner of the property,
Darlene Hunter, for repayment of the demolition costs.
The Office of Collections has received and is holding in escrow a
certified bank check in the amount of $4,179.20, which represents 80% of the
actual cost expended by the City of Buffalo for this demolition. This check
has been offered by the owner as a compromise settlement of the debt.
The Office of Collections recommends that this Honorable Body accept the
aforesaid sum of $4,179.20 as full and final settlement of the demolition debt
for the following reasons:
The funds offered represent a reasonable compromise settlement.
Acceptance of a compromise settlement brings an immediate return to the
City of a substantial portion of the funds expended, while eliminating the time
and cost of long-term collection activity by this Office (ie. a promissory note
which extends payments over a period of 18-24 months; as well as possible Court
costs associated with recovery of funds should a breach of the payment contract
occur.)
The owner is a single parent, head-of-household, and has made special
financial arrangements to obtain the funds for this compromise settlement from
a retirement account.
Upon acceptance of this compromise, the Assessor's Office should be
instructed to remove the local assessment.
We ask that the Common Council notify the Office of Collections of its
decision to accept or reject this compromise settlement offer, so that we may
either retain the funds in our possession or return them to the property owner.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Recovery of Back Taxes & Fees by Office of Collections
(No. 126, C.C.P., 10-17-92)
Principal activity by the Office of Collections has been in the
area of property and sewer tax arrears. The program involves a schedule of
contacting owners by various methods, whereby delinquent tax dollars are
targeted prior to In Rem status. The benefit is in earlier collection of funds
and acquisition of fewer undesirable properties at In Rem. Taxpayers who do not
respond to collection attempts are referred to the Law Department for personal
liability lawsuits. In addition, we are exploring the use of a credit data
reporting agency as a further tool for collection. A number of properties have
been investigated and inspected for possible Receivership.
Recently the Office has expanded into collection of delinquent demolition
accounts, with 200 files currently under collection. Owners are traced and
contacted for payment arrangements (ie. Promissory Note, Confession of Judgment
or compromise settlement). A series of notices and follow-up are used. In
cases where owners fail to cooperate, files are prepared for referral to the
Law Department for litigation. Note that collection of older files are
hampered by inability to locate owners.
The Office has begun to monitor Common Council Proceedings for demolition
items, contacting owners at the project bidding stage. Beginning in September
1992, a Collections Office representative attends demolition hearings in the
Department of Inspect ions to obtain contracts for repayment from owners who
appear. These two methods of early-stage involvement in the demolition process
will improve the collection of demolition expenditures.
Under a pilot contract with Amana Capital Corporation, delinquent
accounts receivable valued at under $2,000 are referred to this outside
collection agency, after review by the Comptroller's Office. We are examining
the possibility of referring other accounts.
Future plans for a centralized office operation and full computerization
of data will enable the Office of Collections to move into other areas of
delinquent receivables.
The Office of Collections is preparing a full report on current
collection activities throughout City Hall which will outline proposed
modifications. Council members will be provided with a copy of same upon
completion.
A listing of all outstanding funds owed to the City of Buffalo is
attached.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Update List Qualified
Real Estate Appraisers
At the end of this calender year New York State Law requires all
persons engaged in the practice of Real Estate appraisal to be licensed.
Attached is a copy of the list of qualified real estate appraisers
currently being used by the Division of Real Estate. Also attached is a list of
persons who have requested to be included on the list of qualified real estate
appraisers.
I am recommending that Your Honorable Body forward the attached lists to
the Appraisal Review Board for their review in order to establish a list of
qualified real estate appraisers in accordance with Section 314 of the City
Charter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE APPRAISAL REVIEW BOARD.
No. 25
QUARTERLY FINANCIAL DATA
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the City of Buffalo General Fund for the
period July l, 1992 through September 30, 1992 has been delivered to the Common
Council Chief of Staff, Vincent LoVallo.
This is in response to your request for quarterly financial data. We have
also submitted this data to the Budget Office and it is made available to
Departments and Divisions individually in a printed format and on their "on
line computer terminals."
This approach has been utilized due to the size of the reports and
limited budgetary resources.
I have also attached a copy of the sample reports for your review. The
Statement of Appropriation/Accounting Activity reports data on an individual
expense line basis. The Summary of Appropriation/Accounting Activity
summarizes line items data by function within Departments and Divisions and
includes the General City Charges line accounts, i.e. departments with an 81X
identifier. The Detail of Revenue Report summarizes individual revenue account
activity by Department and Division and also summarizes all revenue activity by
source (NYS, Federal, etc.).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Return 1252 & 1228 Jefferson Avenue
to the Free Spirit Baptist Church
(Res. No. 107, C.C.P., 10-27-92)
The above referenced Item was referred to the Department of Assessment,
Corporation Counsel and this office for a response.
The above referenced properties were obtained by the City of Buffalo
through In-Rem # 25 held in October 1991.
As Your Honorable Body knows properties are put into in-rem auctions
after the City has received a judgement against the property for non-payment of
taxes and after due notice has been sent to the property owner.
Information regarding the Free Spirit Baptist Missionary Baptist Church's
tax exempt status, judgement and notification of the same should be obtained
from the Department of Assessment.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT.
No. 27
Report of Audit
Parks Department
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Parks performance audit report for the period July 1, 1988 to June 30, 1992.
We found serious weaknesses in the recording and reporting of payroll for
employees in the Department of Parks. We discovered a lack of control over the
purchase and inventory of materials and supplies during the fiscal years ending
June 30, 1989 and 1990. The Department of Audit and Control's new computer
program for Purchasing and Inventory to be implemented in the immediate future
will allow for close monitoring of the daily purchases in the Department of
Parks. Also, the Department of Parks is in need of tighter controls over the
cash receipts collected for the various permits and fees.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 28
Response to C.A.I.C.
Various Neighborhood Complaints
(Item # 71, C.C.P. 11/10/92)
The above item was referred to the Committee on Economic Development
and to the Comptroller's Office for a response. The item is a complaint list
of ten (10) properties from the Community Action Information Center.
Two of the properties (property # 4 and #10) are City-owned and under the
jurisdiction of the Division of Real Estate. The other identified properties
are privately owned. The two City-owned properties are:
1. 550 E. North Street - consists of a single family home which was acquired
on October 26, 1992 at the City's In Rem Auction. The building has been
secured.-There is abandoned cars and trash on the property. The Division of
Parking Enforcement has been notified of the abandoned auto's and the Dept. of
Streets and Sanitation will be notified and asked to remove the trash.
2. 432 Best Street - consists of former Engine # 16. The building is secure
and the property is presently clear of trash and debris. Removal of trash and
debris from this property is an on-going situation. Trash, garbage and tires
are routinely dumped on or near this property.
With regard to the eight (8) privately owned properties, I am
recommending that the Department of Inspections & Community Revitalization be
contacted for inspection and follow-up.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE PRESIDENT OF THE COUNCIL
No. 29
Appointment of Member/Designees of the
Records Advisory Board
Pursuant to Article IX, Section 6-51 of the Code of the City of
Buffalo, I transmit herewith the following appointment, subject to concurrence
of the Mayor, of Heidi Anne Brownlow Ziemer. Ms. Ziemer is being appointed as
the representative of the area historic community, to the Records Advisory
Board.
In addition I am reporting the following notices of designees to this
board:
By Designee
President of the Council Hon. Brian M. Higgins
Comptroller R. Michael McNamara
Director Public Libraries Ruth Willet
As of this date the Board consists of:
Chairman - Charles L. Michaux III as Records Management Officer
James D. Griffin as Mayor
R. Michael McNamara as designee of the Comptroller
Brian M. Higgins as the designee of the President of the Council
Laurence K. Rubin as Corporation Counsel
John Zebracki as Director of Data Processing
Mary Bell as Librarian of the Buffalo/Erie Co. Historical Soc.
Ruth Willet as the designee of the Director, Buffalo/Erie Co. Libraries
Heidi Anne-Brownlow Ziemer as a representative of the Historic Community
RECEIVED AND FILED.
No. 30
Reappoint Mark V. Draper to the Preservation Board
I am reappointing Mr. Mark V. Draper as a member of the Preservation
Board for a new three year term that will expire August 31, 1995. Mr. Draper's
appointment is in keeping with Article II Section 337-3 (b. Subsection 1- "One
member from a downtown historic district shall live, work or own property
within the district...") Mr. Draper is a Client Service Specialist with the
P.l.C. and has distinguished himself as a faithful member of this board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 31
Request to purchase FM System for the Hearing Impaired. Council Chambers Title
II Americans With Disabilities Act.
The following passage is reprinted from Title II of the ADA and
its Impact on Local Governments 42 USC SS 12101-12213 prepared and copyrighted
by NYCOM (New York Conference of Mayors).
C: Communications: 29CFR Sec. 35.160 states: a public entity will need to
ensure that it can communicate with disabled persons who are employees or apply
for employment as well as those who are members of the general public needing
information on programs or attending meetings, and where necessary to ensure
that communications with individuals with hearing, vision or speech impairments
are as effective as communications with others, the public entity must provide
appropriate auxiliary aids. Auxiliary aids includes such services or devices
as qualified interpreters, assistive listening headsets, television captioning
and decoders, telecommunications devices for deaf persons, videotext displays,
readers, taped texts, braille materials and large print materials. The type of
aid may change dependent on the context in which the communication is taking
place, the number of people involved, and the importance of the communication.
Individuals with disabilities must be given an opportunity to request the
auxiliary aid of their choice. The public entity shall honor that choice unless
it can demonstrate that another effective means exists. Public entities are not
required to take any action that it can demonstrate would result in undue
financial and administrative burden.
As explained to me by the City Clerk in the Council Chambers, we do have
another effective means of complying with the ADA requirement. That means is
the installation of an FH System.
The FM System would be cost effective and allow us more versatility than
the audio loop. As technology advances so can we. With the installation of the
audio loop we would be limited to the Council Chambers only, while the FH
system is capable of being moved to other locations. In addition, the cost of
the audio loop is twice as much as the FH system, and we would still have to
purchase receivers for the hard of hearing who do not have T-Switches on their
hearing aids.
Therefore, I concur with the recommendation of the City Clerk and am
requesting that this honorable body approve the purchase of the FH System, as
demonstrated by Comcast Communications, and designate Comcast Communications as
the lowest responsible bidder. I am requesting also, that the Commissioner of
Public Works request the Comptroller to use the bond funds set aside for this
purpose, and to enter into an agreement with Comcast Communications for this
purpose.
Mr. Fahey moved:
That the communication from Council President, dated November 13, 1992,
be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for FM System for the Hearing Impaired, Common Council
Chambers to Comcast Communications, the lowest responsible bidder in an amount
not to exceed $3,382.00.
PASSED.
AYES- 11 NOES- 0.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 32
Time Extension
Rehabilitation of Louisiana Street Bridge
Oakgrove Construction, Co., Inc.
Contract # 91656500
This is to advise Your Honorable Body that I have granted Oakgrove
Construction Co. approval for a new completion date for this project from
November 20, 1992 to December 18, 1992.
The additional time is required to complete the Pier I Pedestal Replacement
Change Order. This time extension will not increase the cost of the original
contract.
RECEIVED AND FILED.
No. 33
MONTHLY REPORT OF LICENSES
ISSUED OCTOBER 1992
I am respectfully submitting the enclosed report of Licenses issued
in the month of October 1992 by the Division of License.
RECEIVED AND FILED.
No. 34
RESTAURANT/DANCING CLASS III
3250 BAILEY AVENUE
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 3250 Bailey Avenue and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant/Dancing Class III License is being sought and according to the
attached reports from the Fire Department, Zoning Department and the Building
Inspector, I find it complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Michael Shaw. The Police Department approval is attached hereto.
In consideration of the application of:
Michael Shaw d/b/a
Mac Shaws 's
3250 Bailey Avenue
Buffalo, New York
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION, KEN BAILEY BLOCK CLUB COUNCIL AND KEN
BAILEY NEIGHBORHOOD HOUSING SERVICES.
No. 35
RESTAURANT-DANCING CLASS III
1677 MAIN STREET
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 1677 Main Street and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant/Dancing Class III License is being sought and according to the
attached reports from the Fire Department, Zoning Department and the Building
Inspector, I find it complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Vanessa Rowe. The Police Department approval is attached hereto.
In consideration of the application of:
Vanessa Rowe
Uncle Eddie's Country Kitchen
1677 Main Street
Buffalo, New York
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 36
Checks received
(Item No. 104 ,C.C.P., 2/2/88)
Per C.C.P. # 104 of February 2, 1988, attached hereto, please
find copies of the following checks.
8155-00092130 $ 4686.05
8155-00092127 $ 5500.00
8155-00092124 $ 1982.20
8155-00092123 $ 1007.25
8155-00092165 $ 3206.20
8155-00092136 $ 1763.75
8155-00092134 $39248.75
8155-00092133 $ 2176.00
8155-00092114 $ 1182.35
8155-00092188 $ 1763.70
8155-00092170 $ 7235.20
8155-00092169 $11706.20
8155-00092119 $ 4268. 70
8155-00092118 $ 1062.50
8155-00092117 $ 707.20
8155-00092115 $ 928.20
8155-00092189 $ 673.20
8155-00092139 $ 3383.00
8155-00092204 $ 4180. 60
8155-00092210 $ 2932.60
8155-00092215 $ 4518.00
8155-00092220 $ 852.55
8155-00092150 $ 837.25
8155-00092151 $ 1591.20
8155-00092208 $13758. 58
8155-00092211 $ 800.00
8155-00092166 $ 1433.10
8155-00092168 $ 2669.00
RECEIVED AND FILED.
No. 37
CAIC Var. Neighb. complaints
(C.C.P. # 71 November 12, 1992)
In response to the Community Action Information Center (CAIC)
letter dated November 6, 1992, I directed my Staff to conduct an initial
investigation and render a report on the content of the letter and its
enclosures concerning stripped cars and the dumping of trash in the Precinct 12
area of responsibility.
The initial data developed by the information provided by the CATC
disclosed that only a few exact addresses are given, and there are few
available records pertaining to the calls listed during the period January 19,
1991 to August 18, 1992; six (6) of the 27 plus calls. In addition it is
extremely difficult at this point in time to determine how the Central Police
Services (CPS) 911 System relayed these complaints to the Buffalo Police
dispatch desk and who, either the Parking Enforcement element of Administration
and Finance, who are primarily responsible for City-wide tagging of parking
violations, the removal of abandoned, stripped or recovered unclaimed stolen
vehicles and the storage thereof, or a Patrol vehicle of the Buffalo Police,
actually received these calls.
As a matter of procedure, all Police calls are prioritized by order of
criticality, which is driven by the number of dispatches received and can, at
peak periods, be overwhelming in relation to the number of police vehicles
available for dispatch at any given time. Parking complaints, as well as
complaints of illegal dumping are low priority calls. Because of priorities,
these type calls can often be dispatched late and possibly not dispatched at
all due to higher priority calls tying up Patrol vehicles and officers for
extended periods of time.
While all CPS 911 calls should be dispatched upon receipt, as intended by
the design of the CPS 911 system, past Buffalo Police dispatch operational
experiences indicate that this is not an absolute; lesser priority calls being
overcome by volume of higher priority dispatches; a quirk of the system.
In an attempt to completely satisfy the content of the CAIC letter, I
have directed Captain Patrick G. Stafford, the Precinct 12 Commander, to check
the areas listed by CAIC to determine if these complaints are ongoing or have
been resolved; the manpower required based on existing availability of patrols
not on dispatch at any given time during any given tour of duty in Precinct 12.
I have directed our Internal Affairs Division to look into the March 27,
1992 complaint at 698 Sherman Street.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE CORPORATION COUNSEL
No. 38
Appointment of Peter F. Comerford
Item No. 28, C.C.P. 10/27/92
Attached hereto please find Assistant Corporation Counsel Peter
F. Comerford's affidavit attesting to his city residency. It is my
understanding that his reappointment to a higher job grade has been tabled in
committee because of rumor and innuendo that Mr. Comerford is not a resident of
Buffalo. I trust that this affidavit puts the issue to rest. I respectfully
request that Your Honorable Body will promptly discharge this item from
committee for its approval.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 39
"REQUEST CORPORATION COUNSEL TO PREPARE ORDINANCE AMENDMENT ON SANDBLASTING"
Item # 124, C.C.P. 11/10/92
Please be advised that the Corporation Counsel has received your
request to prepare an ordinance amendment on sandblasting (C.C.P. # 124,
November 10, 1992), and has begun preparation of a response to be filed as soon
as possible.
RECEIVED AND FILED.
No. 40
Mayor's Notification -
Employment Status - R. Delano
Item No. 112, C.C.P., 10/27/92
The Council has requested information as to when the Mayor was
first notified of the Law Department opinion regarding the employment status of
Robert Delano.
The Mayor was informed of this opinion on October 30, 1992.
RECEIVED AND FILED.
No. 41
Tax Exemption - 1235 Hertel
(Item No. 14, C.C.P., 11/10/92)
The question of a tax exemption for the 1991-92 fiscal year for
1235 Hertel Avenue has been referred to this department for an opinion.
The property in guest ion was denied a 1991-92 tax exemption because
title was held by two individuals.
Section 420-a(1)(a) of the Real Property Tax Law provides for exemption
from taxation for property owned by a corporation or association organized or
conducted for religious purposes. The question has arisen as to whether or not
this property may be granted tax exempt status if the titled owners provide
proof of their intention to act as trustees for the Faith Good Shepard Chapel.
According to an opinion of the Counsel to the State Board of Equalization
and Assessment (4 Op. Counsel SBEA No. 26), in order to receive an exemption,
real property must be owned by a corporation or association. The opinion
states that if property is owned by a private person, no exemption may be
granted even if the property is used for exempt purposes.
Moreover, it is well established that those provisions of the RPTL
dealing with exemptions are to be strictly construed against the
exemption-seeker.
This property is, therefore, not entitled to an exemption for the 1991-92
fiscal year.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Memorial Auditorium Lease
Greater Buffalo Soccer, L.P.
Enclosed for your review and approval is the proposed form of
lease between the City of Buffalo and Greater Buffalo Soccer, L. P., the
franchisee for the Buffalo Blizzard soccer team.
The form of lease was negotiated by the Board of Stadium and Memorial
Auditorium and drafted by the Department of Law. The proposed lease by its own
terms acts as a renewable license until it receives your approval.
The Director of the Board of Stadium and Memorial Auditorium, George
Gould, and my staff will be available to answer questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
N. Y. Telephone
Easement Request
Scajaquada Little League
(Item No. 28, C.C.P., 10/13/92)
In respect of the referenced item and as your Committee on Finance
has been advised , the New York Telephone Company has the power of eminent
domain pursuant to Section 27 of the Transportation Corporations Law. In the
event then that the City of Buffalo were to refuse to negotiate an easement
agreement acceptable to the telephone company, an easement could be acquired by
condemnation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
IDENTIFY AND DIRECT FINE AMOUNTS COLLECTED IN CITY HOUSING COURT TO THE
DEPARTMENT OF INSPECTIONS AND COMMUNITY REVITALIZATION"
Item # 130, C.C.P. 11/10/92
Please be advised that the Corporation Counsel has received your
request to identify and direct fine amounts collected in City Housing Court to
the Department of Inspections and Community Revitalization (C.C.P. # 130,
November 10, 1992), and has begun preparation of a response to be filed as soon
as possible.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 45
EAF - REZONING 361 DINGENS
Ronald D. Bernys - Petition to rezone 359, 361 Dingens St. and 588 S. Ogden St.
Item No. 78, C.C.P., November 10, 1992.
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
That the communication from the Commissioner of Community Development,
dated November 17, 1992, be received and filed; and
Mr. Fahey moved:
That "Ronald D. Bernys - Petition to rezone 359, 361 Dingens Street and
588 South Ogden Street" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval power over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment form (EAF) on this
item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 46
Remonstrance against rezoning of 361 Dingens.
The Planning Division has reviewed the petition submitted by Ms.
Cleveland and finds that it is a valid remonstrance.
Section 511-126,A of the Buffalo Code states that when 20% or more of the
owners of land adjacent to and extending 100 feet In all directions from the
area to be rezoned object to the proposed rezoning the remonstrance is valid.
In this instance the total area within 100 feet of the area to be rezoned is
35,700 square feet. Within that area the owners of 11,300 square feet (580,
582 and 586 South Ogden) have signed the remonstrance. This represents 31.7% of
the affected owners.
With this valid remonstrance the proposed rezoning will require a
three-fourths (3/4) vote of the Council.
RECEIVED AND FILED.
No. 47
Greenbridge Development
Rezone 169 Eagle to C2
Ellicott Mall
Item No. 79, C.C.P., 11/10/92
The Department of Community Development supports the petition
of Greenbridge Development to rezone 169 Eagle from R4 to C2 to enable the
development of the Ellicott Mall.
RECEIVED AND FILED.
No. 48
Lease Negotiations - War Memorial Stadium Site Renovation
The Department of Community Development is requesting permission
from Your Honorable Body to enter In lease negotiation with the Buffalo Board
of Education for the operation and maintenance of the renovated War Memorial
Stadium at 295 Dodge Street, Buffalo, New York.
With your assistance our departments' efforts over the last several years
have resulted in the construction of a first class amateur athletic facility
with provisions for football, soccer, baseball, and full scale track-field
events. Funds expended to date total over 6.5 million dollars, which consisted
solely of Capital Improvements Funds allocated over three (3) separate years.
The Board of Education has a need for additional athletic facilities especially
In this area to complement City Honors and the soon to be constructed Early
Childhood Center directly across the street on Jefferson Avenue.
It is anticipated that the proposed lease will be for a period of not
less than ten (10) years with options for renewal and the costs involved with
the same will be negligible. The City of Buffalo will not be responsible for
routine maintenance or utilities other than structural repairs. Also, the City
of Buffalo will commit unexpended construction monies for the purchase of turf
and other related equipment necessary to properly maintain the site. Lease
shall be subject to approval by the Community Development, Board of Education,
Corporation Counsel, and Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF EDUCATION.
No. 49
Permission to Hire Consultant
Cazenovia Park Ball Diamond Relocations
The Departments of Parks, Public Works and Community Development
have investigated the possibility of relocating the two baseball diamonds and
one softball diamond at Cazenovia Park. The proposed relocations would
eliminate the overlap of playing facilities which now exists.
I, therefore, hereby request your Honorable Body's authorization to
engage the services of a Consultant to prepare plans and specifications for the
receipt of formal bids for this work.
Funds for the design services, anticipated to cost under $9,000.00, will
be available in C.P.A. 200-717-525.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated November 19, 1992, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to engage a consultant engineer to prepare reports, plans and
specifications and to advertise for bids for relocation of Cazenovia Park Ball
Diamond and Okell Field, with said cost to be charged to C.P.A. 200-717-525.
ADOPTED.
No. 50
Connecticut Street Revit. Area
Urban Renewal Plan - Request
for Plan "Change of Use",
294-298 Plymouth Avenue
Attached please find a copy of a project proposal from the West
Side Neighborhood Housing Services (NHS), Inc. to amend the Connecticut Street
Revitalization Area Urban Renewal Plan to allow for residential development.
The subject city-owned parcel, which is located at 294-298 Plymouth
Avenue, was designated for commercial development under the provisions of the
aforementioned Urban Renewal Plan (approved November 1, 1983, C.C.P. No. 78;
40-year duration). The Buffalo Urban Renewal Agency (BURA) has approved the
West Side Neighborhood Housing Services' proposal to construct two,
three-bedroom homes on this 100 foot x 125 +/- foot parcel. However, as this
parcel was designated for commercial use, a "Change of Use" plan amendment is
required.
This office feels that the proposed project is appropriate for the
neighborhood and consistent with the overall goals and objectives of the Urban
Renewal Plan.
The City Planning Board gave its unqualified approval to the Plan
amendment at its November 17, 1992 meeting. As this site has been vacant for a
considerable period of time, the Board supports the proposal to amend the Urban
Renewal Plan to allow for housing development. A recommendation from the City
Planning Board is a prerequisite to Common Council action.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the proposed amendment
of the Plan by conducting a public hearing and adopting an appropriate
resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 51
New Buffalo Industrial Park - Parcel # 3
Approval of LDA Paul A. Dedrick and Eden Scott
The City of Buffalo Urban Renewal Agency duly designated Paul
A. Dedrick and Eden Scott, and/or joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of land to the Redeveloper, which the
Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 52
Oak Street Redevelopment Project NYR-197 - Disposition Parcel 3C Approval of
Lease Agreement - WNY Veterans Housing Coalition, Inc., and LaPetite Academy
Day Care Centers, Inc.
The City of Buffalo Urban Renewal Agency duly designated WNY Veterans'
Housing Coalition, Inc., and LaPetite Academy Day Care Centers, Inc., and/or
joint venture, partnership, corporation or other legal entity to be formed as
the qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Lease Agreement
negotiated by he Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the general Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Lease Agreement
4. Proposed Lease Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
resolution authorizing the lease of land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 53
Downtown Renewal Phase II
South side of Court Street
between Pearl & Franklin Streets
Approval of LDA-Court Tower Group, Inc.
The City of Buffalo Urban Renewal Agency duly designated Court
Tower Group, Inc. and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 54
Downtown Renewal Phase II
Niagara, W. Eagle & Pearl Streets
Approval of LDA - Niagara Building
Association Partnership
The City of Buffalo Urban Renewal Agency duly designated Niagara
Building Association Partnership and/or joint venture, partnership, corporation
or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 55
Snow Control Plan
Pursuant to City of Buffalo Ordinance, Article 15, Section 292,
I am submitting the attached 'SNOW CONTROL PLAN 1992-1993".
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
CAIC Var. Neigh. Complaints
All the addresses mentioned in above referenced Council communication
are in the Ellicott Councilmanic District which had their 7th, and final trash
collection scheduled for the week beginning November 9th, 1992.
The Street Sanitation Department does not go on private property to
remove trash. Complaints regarding conditions such as this are brought to the
attention of the Division of Housing and Property Inspections Department.
Abandoned cars are under the jurisdiction of Parking Enforcement.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 57
Request for Additional Information Reports of Emergency Demolition Bids for 413
Best and 109 Landon
(Item No. 31, C.C.P., October 27, 1992)
With reference to the above subject, please be advised of the
following: 413 Best and 109 Landon are properties that were severely damaged by
fire. These properties were deemed by the Fire Department to meet the criteria
for an emergency demolition. When these circumstances exist, the Fire
Department charges the Division of Housing and Property Inspections with the
responsibility of removing the hazards at hand and demolishing these
structures.
The Division of Housing and Property Inspections of the Department of
Inspections and Community Revitalization contact and solicit the services of
fourteen separate demolition contractors. The date and time of the bid opening
is scheduled as soon as possible after the fire department charges our
department with the responsibility to demolish the hazardous structure. 109
Landon was demolished on September 29, 1992. Bids were solicited from fourteen
contractors. Five contractors were present at 10:00 am on the site and the
lowest successful bidder was Integrated Waste Special Services, at $4677.00.
They were awarded the contract on the site and the building was immediately
demolished.
413 Best was demolished on September 30, 1992. Bid proposals were
solicited from fourteen separate contractors. Six contractors were present on
September 30, 1992 at 11:00 am on the site. The lowest successful bidder was
Integrated Wastes Special Services at $3580.00. Integrated Waste was awarded
the contract on site and the structure was immediately demolished.
Please find attached for your review, the bid sheets used for both
parcels and the letter of condemnation from the Fire Commissioner's Office.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 58
"Exclude University District Parking Meter Fee Increase"
"Re-Calibrate Parking Meters to $ .25"
Item #110, C.C.P. 11/10/92
Item #135, C.C.P. 11/10/92
The above referenced items have been referred to this office for
comment. They both involve consideration of reducing the $.50/hour cost of
parking meters that was approved as part of the 1992-93 budget process.
The resolution sponsored by Councilmember Amos would exempt the
University District from the meter rate hikes. The resolution by Councilmember
Zuchlewski requests the Director of Parking Violations Bureau to file a report
on her estimate of what it would cost to recalibrate the meters in the small
business districts in the community he represents to $.25/hour or $.25/ 1/2
hour.
I do not yet have an estimate of the cost of recalibrating those meters
but I am more concerned with the potential revenue loss that would result from
reducing the rates that have been approved and used as a basis for the revenue
estimate included in the adopted budget.
This office filed a quarterly budget report with Your Honorable Body
(Com. 33, C.C.P. October 27, 1992) which projected a potential $2.5 million
deficit in the current year and a nearly $24 million projected gap for the
1993-94 fiscal year. These figures included a projected $320,000 shortfall in
parking meter revenue in the current year due to a delay in converting the
meters to the higher rate and an expectation of a full year of receipts at the
higher rate for 1993-94.
It is my opinion that lowering parking meter rates in any district will
result in a larger deficit this year and a larger projected gap for 1993-94.
At this time I believe the administration and the council should be developing
means to narrow these budget gaps not widen them.
Unless this legislation to lower meter rates is accompanied by comparable
budget gap closing items, I would have to be opposed to it.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO HOUSING AUTHORITY
No. 59
Election of Officers for 1992-93
For your information and records, Members of the Buffalo Municipal
Housing Authority at its Annual Meeting on October 22, 1992, re-elected the
following Commissioners as Chairman and Vice-Chairman, respectively:
Commissioner Donald A. Ort was re-elected to serve as Chairman of the
Authority for the term Commencing October 22, 1992, to the date of the next
Annual Meeting, October 28, 1993, or until his successor is selected.
Commissioner Mary Rogers was re-elected to serve as Vice-Chairman of the
Authority for the term commencing October 22, 1992, to the date of the next
Annual Meeting, October 28, 1993, or until her successor is selected.
Please adjust your records accordingly.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 60
NOTICE OF INTENTION - Pursuant to Chapter 286,
Change Name of Buell Street to "Dignity Circle"
(No. 121, C.C.P., November 24, 1992)
I hereby inform you that a public hearing has been set before
the Common Council at its regular Meeting on December 8, 1992, at 2:00 P.M. in
the Council Chambers, in connection with its intention to change the name of
Buell Street to "Dignity Circle".
RECEIVED AND FILED
No. 61
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Police David Cegielski
Regina Stepnick
Darlene Swenton
Robert Harris
William Meredith
Sylvia Mastrocovo
James Shaw
Ronald Pecoraro
Bertha Hyde
Carmelo Puzzella
RECEIVED AND FILED.
No. 62
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
2581 Bailey Ave. J.M.C. Classics, Inc.
535 Broadway V. Warrick
381 Busti Ave. Marcos & L. Rodriguez
3076 Bailey Ave. James W. Walker
RECEIVED AND FILED.
No. 63
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Assessment- Christopher Tomaszewski
Street Sanitation - Robert A. Panas, Robert F. Kuntz
Inspections & Community Revitalization- Janet L. Edwards
Administration & Finance - Barbara A. Kirkland
RECEIVED AND FILED.
No. 64
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Civil Service Commission
Consumer Electronic Board
Buffalo Municipal Housing Authority
RECEIVED AND FILED.
No. 65
Notices of Appointments
I transmit herewith communications received by me, reporting the
appointments made in the various departments at the minimum, flat or hourly
rate.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective November 9, 1992 in the Department of Public Works,
Division of Water, to the position of Clerk, Seasonal, at the starting salary
of $5.00/Hour.
Mary Frances Fay, 11 Pawnee Pkwy., Buffalo, N. Y. 14220
Ann M. Finder, 336 Eden Street, Buffalo, N. Y. 14220
Eileen Slattery, 98 Abbott Rd., Buffalo, N. Y. 14220
Appointment effective November 9, 1992 in the Department of Public Works,
Division of Water, Marjorie Sansanese, 19 Admiral Road ,Buffalo, New York
14216, to the position of Account Clerk, Temporary, at the starting salary of
$5.25/Hour.
Appointment effective November 5, 1992 in the Department of Public Works,
Division of Buildings, Lawrence L. Doctor, Jr., 79 Salem Street, Buffalo 14220,
to the Position of Second Class Stationary Engineer, Temporary, at the starting
salary of $ 5.41/hour.
Appointment effective November 17, 1992 in the Department of Public Works,
Division of Buildings, to the Position of Second Class Stationary Engineer,
Temporary, at the starting salary of $5.41/hour.
Michael G. Coniglio, 138 Folger Street, Buffalo 14220
Patrick J. Lynch, 43 Mt. Vernon Street, Buffalo 14210
John M. Meegan, 137 Eden Street, Buffalo 14220
Keith M. Rathbun, 239 Cumberland Ave., Buffalo 14220
Appointment effective November 16, 1992 in the Department of Public Works,
Division of Water, to the Position of Water Service Worker Seasonal,, at the
starting salary of $6.02/hour.
Sean C. Evans, 17 Teresa Place, Buffalo, N. Y. 14210
Paul J. Gilbert, 741 LaSalle Avenue, Buffalo, N. Y. 14215
Patrick D. Farrell, 987 Tifft Street, Buffalo, N. Y. 14220
Michael P. McGavis, 173 Columbus St., Buffalo, N. Y. 14220
Donald H. Siler, 26 W. Woodside Avenue, Buffalo, N. Y. 14220
Nathan R. Stephens, 165 Blaine Avenue, Buffalo, N. Y. 14208
Arthur S. Forman, 1511 Broadway, Buffalo, N. Y. 14212
Appointment effective November 5, 1992 in the Department of Public Works,
Division of Buildings, Herbert E. Hogue, Jr., 140 Breckenridge Street, Buffalo
14213, to the Position of Sr. 1st Class Stationary Engineer, Temporary at the
starting salary of $ 7.05/hour.
FROM THE DEPARTMENT OF PARKS
Appointment effective November 10, 1992 in the Department of Parks,
to the Position of Laborer II, Seasonal, at the starting salary of $ 6.65 hr.
John Fischer, 127 Densmore, Buffalo 14220
John Glynn, 215 Sanders Rd., Buffalo 14216
David Nowak, 91 Okell, Buffalo 14220
Matthew Whelan, 280 Choate, Buffalo 14220
FROM THE DEPARTMENT OF FIRE
Appointment effective November 23 1992 in the Department of Fire
to the Position of Fire Lieutenant, Permanent, at the starting salary of
$39,228.
Richard T. Curran, 56 Crystal Avenue, Buffalo, New York 14220
Donald J. Jones, 414 Downing Street, Buffalo, New York 14220
Arthur Ray, 104 Bramblewood Lane, E. Amherst, N. Y. 14051
Michael A. Gesel, 9867 Shorecliff Dr., Evans, New York 14006
Howard Stutz, 59 Ryan Street, Buffalo, New York 14210
Appointment effective November 23, 1992 in the Department of Fire John Lydon,
58 Chatham Avenue, Buffalo, New York 14216, to the Position of Fire Lieutenant,
Contingent Permanent, at the starting salary of $ 39,228.
Appointment effective November 23, 1992 in the Department of Fire, to the
Position of Fire Lieutenant, Contingent Permanent, at the starting salary of: $
39,228
Thomas M. Rooney, 2952 S. Park ., Lackawanna, N.Y. 14218
Eugene E. Budziszewski, 9980 Harper Road, Corfu, N. Y. 14036
Appointment effective November 23, 1992 in the Department of Fire, Kenneth
Bachara, 113 Woodcrest, West Seneca, N.Y., 14210 to the Position of Fire
Captain, Permanent, at the starting salary of $ 41,141.
Appointment effective November 23, 1992 in the Department of Fire, Joseph
Mehltretter, 34 Old Farm Road, Orchard Park, N.Y. 14127 to the Position of
Fire Captain, Contingent Permanent, at the starting salary of $ 41,141.
Appointment effective November 23, 1992 in the Department of Fire, Joseph La
Marca, 1962 Delaware Avenue, Buffalo, New York 14216, to the Position of
Battalion Chief, Contingent Permanent, at the starting salary of $ 44,942.
Appointment effective November 23, 1992 in the Department of Fire, Robert
Russell, 13313 Genesee Street, Crittenden, New York 14038 to the Position of
Battalion Chief, Permanent, at the starting salary of $ 44,942.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective November 17, 1992 in the Department of General Services,
Division of Inventory & Stores, Walter J. Polak 67 Koons Ave., Buffalo, 14212,
to the Position of Laborer II, Seasonal, at the starting salary of $6.65/Hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 66
AMANA CAPITAL CORP.
Assist in Collection of Past Due Accounts
Good News! Amana has and is in process of producing effective
results, by collecting past due monies owed the city and Buffalo Sewer
Authority.
About seven months ago we met and exchanged information about programs to
collect the 18 million dollars in uncollected parking tickets. Shortly
thereafter, PVB decided to implement additional efforts that have been
completed. Simultaneously, PVB chose to disregard an existing city contract
and requested bids for collection services. After receiving bids and
completing internal collection efforts, no accounts have been outplaced.
As part of our agreement, we were asked to make recommendations to
improve receivables management and develop various methods of recovery. Amana
has proven more recoveries are possible and is positioned to help you in
several ways immediately.
If you believe, and would like additional positive action taken, as we
do, please let me know how we can work together.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF ADMINISTRATION AND
FINANCE.
AYES - AMOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI - 10.
NOES - ARTHUR - 1.
No. 67
BUFFALO INDUSTRIAL ADVISORY COUNCIL
Toxic Discharges
This letter is in regard to the resolution passed October 13,
1992 which declares the Buffalo River a "Toxic Free Zone".
The Industrial Advisory Council, of which I am Chairman, is an
organization comprised of the nonresidential waste water dischargers to the
Buffalo Sewer Authority. In cooperation with the Buffalo Sewer Authority, it
serves to keep local business informed on environmental and regulatory issues
of concern to them and annually co-sponsors the Greater Buffalo Environmental
Conference.
The resolution mentioned above occasioned substantial discussion at our
recent meeting and raised several issues which I have been asked to direct to
your attention.
1. Some of the members of our organization mentioned in the resolution
received notice only a few hours before it was voted on. They indicate that no
one from the council directed any questions to them regarding the substance of
the resolution. This meant that the Council was not aware of several pertinent
facts regarding this matter:
a. Airco had in fact asked the Buffalo Sewer Authority to take their
non-contact cooling water but the BSA Field Engineer indicated that it was too
clean. Under state guidelines, the BSA may not take discharges which may reduce
the efficiency of their treatment by diluting the influent. The same may
well apply to the 10.5 million gallons a day of non-contact cooling water used
at Buffalo Color since they are already required to monitor this discharge by
their permit and the results are consistently "less than detectable" results.
Obviously paying for unneeded treatment is a waste as well.
b. The 1990 TRI data mentioned in the resolution is outdated. Airco had only
17 pounds of discharge for 1991 and will have 0 pounds in 1992. Buffalo Color
has a greatly reduced amount as well. The industries if asked could have
presented the latest data to the Council.
2. The resolution calls on companies to "reduce their use" of toxic chemicals.
This is very different from calling for reduction of discharge to the
environment. The use of certain toxic chemicals may be the very reason for
being of a company. Plainly, a company whose product is itself on the list of
materials that must be reported on the TRI could not accommodate such a request
without threatening its very existence.
3. While this specific resolution is in regard to the Buffalo River, it refers
in paragraph 5 to "local waterways". Does this mean the Council may expand this
approach to business along Scajaquada Creek or the Niagara River?
4. While the City's Environmental Commission exists to provide counsel on
environmental issues and the Department of Environmental Conservation has
recognized jurisdiction on environmental issues, I am given to understand that
neither body was approached to give input on this matter prior to voting on
this resolution. It is the suggestion of the Industrial Advisory Council that
the expertise of these bodies be sought before further measures along these
lines are considered.
Should you wish to contact me on this matter, my address is:
Kent Webb P.E.
Outokumpu American Brass
P.O. Box 981
Buffalo, New York 14240
Phone no. 879-6875 Fax no. 879-6816
RECEIVED AND FILED.
No. 68
County of Erie
Rabies Program
After Hours Phone Number
(Resolution No. 152)
The Health Department has had an answering service for many years
to provide assistance for County residents after business hours, weekends and
holidays. The number is 898-4225. During the past few years we have been
informing Town Clerks, dog wardens, police agencies, 911 and health care
facilities that they can use this number for assistance regarding animal bites
or rabies.
Our most recent information letter was sent out in early August. It
included a new rabies brochure which lists important phone numbers for the
Departments rabies program, including the after business hours phone number.
If you need additional copies of the brochure, or have any questions
regarding rabies, please call John Eiss at 858-6089.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 69
BUFFALO FRIENDS OF OLMSTED PARKS
Favor Delaware Park Comprehensive Plan
We understand that the Delaware Park Comprehensive Development
Plan has been submitted to you for review and approval.
The Friends of Olmsted Parks sat on the Master Plan Steering Committee
and followed closely its development. We are confident that you will find
many, many excellent recommendations in this plan; most of which can and should
be implemented as soon as funding becomes available. The plan was undertaken
in response to serious concerns about safety, congestion and usage conflicts.
These issues were thoroughly considered and in most cases solutions were found.
The committee was committed to creating a plan that would enjoy strong
public support and that could be implemented in a timely fashion. Noting these
concerns, the committee agreed not to consider zoo expansion, proposed by
committee member Minot Ortolani, nor reduction or removal of the golf-course,
proposed by both the consultants and some committee members. It was agreed
that these two particular issues were highly volatile and thus would engender
controversy. In addition, the committee felt that these proposals could not be
explored thoroughly enough, given the scope and budget for this plan, to insure
responsible recommendations.
Approval of the Comprehensive Plan should not be contingent upon proposed
zoo expansion. Such a proposal warrants an independent study to determine its
viability and appropriateness, siting and design.
The consultant and committee were charged with the task of addressing
issues of congestion, conflict and safety and to respond to these issues in a
comprehensive manner and through consideration of the park's historic integrity
and user needs. The plan does exactly this. The Friends of Olmsted urge your
acceptance of this plan and hope you will continue to support and encourage its
implementation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 70
JESSE KETCHUM MEMORIAL FUND
1992 Report/Awards
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith
submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to
the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school having an eighth grade class have
submitted the names of those students who are members of the graduating class
who have ranked highest in scholarship in their group.
A gold flashed medal, certificate and a $1,500 check was presented to the
student ranking highest in the entire city. A gold flashed medal, certificate
and $1,000 check was presented to the second highest student. Each school
winner received a bronze medal, a certificate and a $100 savings bond. Awards
were presented at an Awards Ceremony held at McKinley High School on Thursday
Evening, October 15th, at 7:30 p.m.
For the 1992 school year, a total of forty-six schools awarded sixty
medals and certificates. A list of the winners is enclosed for your records.
Also, a copy of the financial report by the Treasurer, Ms. Geraldine
Sims, for the fiscal year ending June 30. 1992 is enclosed.
RECEIVED AND FILED.
1992 JESSE KETCHUM MEDAL AWARD
WINNERS
Pupil Name School Sex Average
FIRST CLASS COLD MEDAL WINNER
Nicolai, Christopher City Honors M 98.75
SECOND CLASS MEDAL WINNER
Jennifer L. Baccari North Park Acad F 97.75
FIRST CLASS BRONZE MEDAL WINNERS
Ali, Ishmael M. Hamlin Park M 82.25
Appler, Benjamin B. Campus East M 94.75
Beck, Andrea School 45 F 90.25
Berwalt, Laura Red Jacket Acad F 84.00
Blinkoff, Kevin D. City Honors M 97.25
Campbell, Regina P. Fredrick Law Olmsted F 94.25
Cao, Tu M. Triangle Academy M 97.00
Casillo, Lee Lincoln Academy M 90.00
Cole, Albert School 45 M 90.25
Corathers, Melinda West Hertel Acad F 96.75
Dabrowski, Brian Academy School M 95.25
Dirig, Wendy School 18 F 88.25
Dressel, Tricia L. Buffalo Traditional F 92.25
Fino, Mark Indian Park Acad M 80.00
Fronczak, Mark Lorraine Academy M 94.50
Garcia, Melanie Bilingual Magnet F 80.50
Harrington, Bobbi J. School 71 F 90.50
Hartman, Kevin Academy for Visual &M 93.25
Performing Arts
Hernandez, Melanie School 45 F 90.25
Johns, Joshua Native American M 88.50
Johnston, Molly E. North Park Academy F 95.50
LaMacchia, Andrea Charles Drew F 92.75
Science Magnet
LeBarron, Andrew Southside M 92.00
Lee, Erika School 81 F 91.75
Mahiques, Brian Follow Through M 94.25
Mangus, Elizabeth Buffalo Traditional F 91.75
Marasciulo, LynnAnn Frank A. Sedita F 97.75
Community School
Miechurski, Stacey Black Rock Acad F 94.00
Milioto, Angela School 45 F 90.25
Murphy, Paula D'Youville-Porter F 93.00
Campus School
Murray, Kevin M. Follow Through M 96.00
McMann, Mitch Riverside Academy M 91.00
Nasca, Carly Waterfront F 97.50
Newman, Rashaun Dr. M. L. King M 95.00
Multicultural Inst.
Nowak, Nathan West Hertel Acad M 95.25
O'Brien, Christopher Houghton Academy M 92.00
Orr, Renee Southside F 90.25
Ramos, Juan School 77 M 86.25
Rappleye, Jason Campus West M 95.50
Rickicki, Michael D. Academy for Visual M 94.00
& Performing Arts
Rummell, Steven D. Futures Academy M 96.75
Santos-White, Gabriel A. Herman Badillo M 86.25
Bilingual Academy
Schlesinger, Samara Campus North F 94.25
Schuss, Valerie J. Roosevelt Academy F 89.75
Seiflein, Janet L. School 68 F 82.25
Shuier, Donyle Poplar Street Acad F 86.75
SpineIIi, Stacey Academic Challenge F 90.50
Thorner, Melinda Charles Drew F 92.00
Science Magnet
Turchiarelli, Jill E. School 84 F 88.50
Urban, Phillip V. Futures Academy M 97.00
Ward, Dion School 53 M 88.25
Wassinger, Brian J. Highgate Heights M 94.50
Wesolowski, Keith R. Frederick Law Olmsted M 97.50
Whitmire, Tracy Lincoln Academy F 89.75
Whitt, Lolita Hillery Park Acad F 90.50
Xu, Min School 45 F 91.25
Zielezinski, Karl P. BUILD Academy M 95.50
Houston, Mark School 4 M 86.00
No. 71
LEE HOOD
Waive Parking Restriction -NFTA Employees
The NFTA Metro Bus new Terminal has caused a parking problem for
the Union Members of Local 1342. There are approximately 300 employees at the
present time without a parking lot. This is due to the on going construction
and demolition of the facility at Main and Michigan, known as the Cold Springs
Station garage.
This letter is a request that the Parking Violation bureau give the Metro
Employees privilege to park on all Boundary streets with alternate parking on
Main Street and Michigan for a period of more than one hour. This could be
done by covering the one hour and no parking on bus route signs.
I can be contacted at 891-5791. We the tax payers and) the employees at
Metro Bus could appreciate your help in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 72
MARGERY A. MILLER
Delaware Park Master Plan
Item # 48, C.C.P. November 10, 1992
I have reviewed the final version of the Delaware Park Master
Plan and urge this committee to recommend its approval as presented.
In addition to the professional expertise of Wendel Engineering and its
consultants, the plan has been subjected to numerous public reviews and
resulting revisions. All interest groups were heard. The Important issues have
been addressed and answered Not everything that was requested could be
included, in large part because the park is of finite size.
This applies to Zoo expansion. It also applies to Park expansion. The
Park could use a larger golf course, more ball fields, more passive recreation
space in the Meadow Right now the Zoo wants to put new exhibits in the
Amherst-Colvin-Crandall Drive parcel. Subsequent to that development,
additional parking would be needed to accommodate the increased attendance and
staff. Then there would be needed enlargements of existing exhibits, as
happened with the elephant yard.
The City needs both the Park and the Zoo. It would be a mistake to give
up one for the other. That is my view as a park user.
If the Zoo feels it must develop new, large exhibits, let it do so at a
second, less confining location - a location where it can address only its own
needs, where it does not have to deal with neighbors, park advocates, historic
preservation guidelines and the like. This is what other cities have done.
Buffalo should follow their example. And maybe now is the time to start working
on this.
But in the meantime, lets get on with the implementation of this Master
Plan.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 73
TCI of New York, Inc.
Notice of Rate Increase
On January l, 1993, TCI of New York will increase its rates for
Basic Cable Service, Expanded Basic Cable Service, and HBO. The amount of the
increase is comparable to the increase in the cost of living for this region
over the past year, plus increases in programming costs. Attached is a copy of
the notification to be inserted in our customers bills by December 1.
The adjustment offsets increased costs of technical equipment, salaries
for our 161 employees in the city of Buffalo and for increases in program fees
that we pay to many networks we currently carry on the system.
As you know, on October 5, Congress passed cable legislation, which,
among other items, provides for local rate regulation. However, the rate
regulation provisions of the '92 Cable Act will not become effective until
April 3, 1993. Prior to that date, the current law, the rate regulation
provision in the 1984 Cable Act, still applies. Also by April 3, the FCC, must
adopt procedures to implement rate regulation. While we do not know what
criteria will be adopted by the FCC, the Cable Act did give the FCC a few
guidelines. Our upcoming rate increase is consistent with these guidelines--it
is reasonable in that it reflects our regional cost of living index and the
increases in fees from our program suppliers.
Most of the provisions of the new law will not take effect until 1993.
Many standards must be set by the FCC. TCI of New York intends to abide by the
provisions of the law; in fact, we are in compliance with several already. As
the process of regulating the industry unfolds over the next several months, we
will keep you fully updated.
If you have any questions or comments regarding our upcoming rate
adjustment or the 1993 Cable Act, please call me at 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 74
WESTERN N.Y. COMMUNICATIONS
Request to Install Additional Pay Phones
Our company desires to install pay telephones at the following
locations:
1. SW corner of Ruhland and Sycamore
2. SE corner of Titus and Sycamore
3. SW corner of Koons and Walden
4. NH corner of Walden and Rapin
5. SW corner of Sherman and Best
I also question this requirement for Council approval since my
competitor, New York Telephone, does not require Council approval (or has
circumvented that requirement for years.) Not treating two competitors equally
would seem to violate Constitutional guarantees of due process and equal
protection under laws.
Also, I want to remind you that when I last submitted a location for
payphone placement, New York Telephone installed their payphone at the same
location to preempt us. That was totally unfair and anticompetitive.
How did NY Tel know of our intended site?
Why are they allowed "carte blanche" authority to install their payphones
whereever they choose?
Will the locations 1 have listed above soon have NY Tel payphones thereby
preempting us again? (We are taking bets to see how long it takes for NY Tel
payphones to appear at the above sites.)
Can the Council force NY Tel to stop their practice of overpopulating an
area with payphones? This results in less revenue to the City; it is also done
to drive competitors out of business. The last thing Buffalo needs is more
empty stores!
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 75
NY ECONOMIC DEVELOPMENT
Business Assistance Project Plan
Enclosed are copies of a General Project Plan (the "Plan") and
findings for the proposed Advanced Refractory Technology, Inc. Small and
Medium-sized Business Assistance Project in the City of Buffalo. In accordance
with Section 16(2) of the New York State Urban Development Corporation Act
(Chapter 174 of the Laws of 1968), as amended, we request that the Plan and
findings be filed in your office.
As discussed, a public hearing will be held in the Buffalo and Erie
County Library, Room 267 on Tuesday, November 17th from noon to 1:00 p.m.
Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 76
Buffalo Zoological Gardens
Study Proposed Master Plan
I am attaching a response to Item # 48, C.C.P. November 10, 1992
"Delaware Park Master Plan"; per the request of Alfred T. Coppola, Chairman of
the Committee on Legislation
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
No. 77
St. Paul's United Church of Buffalo, owner, petition to use 41 Indian Church
for ground and wall signs for existing church and school.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 78
Bennie Caudle, owner, petition to use 572 South Division for a pole sign to an
existing masonry service station.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 79
McClean-Thomas Wholesale, owner, petition to use 266 Broadway for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 80
Mary Cleveland and Others, oppose rezoning Of 361 Dingens Street. (Valid 20%
remonstrance per Div. Planning)
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 81
SALARY ORDINANCE AMENDMENT
70-0 DEPARTMENT OF STREET SANITATION
(ITEM NO. 160, C.C.P., OCT. 13, 1992)
That the Salary Ordinance Amendment as contained in Item No. 160,
C.C.P., October 13, 1992, be and the same is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 82
Appointment
Community Development/Project Coordinator
That Communication No 51 CCP Oct 13, 1992 be received and filed
and the Provisional appointment of David J. DiSalvo stated above at the Maximum
salary $38,089.00 effective on Oct 5, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 83
Appointment
Audit & Control/Associate Account Clerk
That Communication No 13 CCP Oct 27, 1992 be received and filed
and the Permanent appointment of Janet M. Kniazuk stated above at the Maximum
salary $25,080.00 effective on Oct 15, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 84
Appointment
Audit & Control/Associate Accountant
That Communication No 49 CCP Oct 27, 1992 be received and filed
and the Permanent appointment of Richard J. Whitcomb stated above at the
Maximum salary $31,678.00 effective on Feb 4, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 85
Appointment
Comptroller/Supervising Accountant
That Communication No 52 CCP Oct 27, 1992 be received and filed
and the Temporary appointment of William P. Murphy stated above at the
Intermediate salary $33,596.00 effective on Feb 27, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 86
Appointment Associate Account
(Item # 55 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Appointment
Audit & Control/Supervising Accountant
That Communication No 56 CCP Oct 27, 1992 be received and filed
and the Permanent appointment of Albert J. Renzoni stated above at the Maximum
salary $38,089.00 effective on Jun 17, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 88
Appointment
Audit & Control/Associate Auditor
That Communication No 59 CCP Oct 27, 1992 be received and filed
and the appointment of Charles E. McSwain stated above at the maximum salary of
$33,262.00 effective on Jul 9, 1992 is hereby approved.
No. 88
Appointment
Audit & Control/Associate Auditor
That Communication No 59 CCP Oct 27, 1992 be received and filed
and the Permanent appointment of Charles E. McSwain stated above at the Maximum
salary $33,262.00 effective on Jul 9, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 89
Appointment
Audit & Control/Senior Accountant
That Communication No 61 CCP Oct 27, 1992 be received and filed
and the Provisional appointment of Gloria A. Schiavone stated above at the
Intermediate salary $29,915.00 effective on Aug 6, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 90
Appointment
City Engineer
(Item No. 20, C.C.P., Nov. 10, 1992)
That the appointment of David F. Jaros, P.E. residing at 9326
Riverside Drive, Niagara Falls, New York as City Engineer, effective November
30, 1992, be and hereby is confirmed, upon the condition that Mr. Jaros
establish residence in the City of Buffalo on or before September 1, 1993 and
upon the further condition that should Mr. Jaros' fail to establish residency
in the City of Buffalo by September 1, 1993 he shall forfeit the position as
City Engineer and said position shall automatically be rendered vacant.
ADOPTED.
No. 91
Appointment
Administration & Finance/Administrative Aide
That Communication No 52 CCP Nov 10, 1992 be received and filed
and the Provisional appointment of Margaret M. Burvid stated above at the
Maximum salary $21,601.00 effective on Oct 26, 1992 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 92
Notices Of Appointments (C.Clerk)
(Item # 63 CCP Nov 10, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 93
Quarterly reports From Comptroller & Budget Director
(Item # 33 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Quarterly Overtime Report/First Quarter (Compt)
(Item # 12 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Kleinhans/Ticket User Fee Plan
(Item # 73 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
FULLY EXECUTED COMBAT
GRANT PROGRAM RENEWAL CONTRACT
(ITEM NO. 33, C.C.P., NOV. 10, 1992)
That the report concerning the COMBAT Grant Program Renewal Contract
between the City of Buffalo and the New York State Division of Criminal Justice
Services for the period April 1, 1992 through March 31, 1993, contained in the
above referenced communication from the Commissioner of Police, be and the same
hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 97
PERMISSION TO RATIFY FULLY EXECUTED AID TO
LAW ENFORCEMENT CONTRACT
FOR FISCAL YEAR 1992-93
(ITEM NO. 34, C.C.P., NOV. 10, 1992)
That the Common Council ratify and execute the Aid to Law Enforcement
Grant Program Contract between the City of Buffalo and the New York State
Division of Criminal Justice Services, attached to the above communication, for
the period April 1, 1992 through March 31, 1993.
ADOPTED.
No. 98
PERMISSION FOR MAYOR TO EXECUTE THE 1992-93 DRUG INTERDICTION/POINTS OF ENTRY
PROGRAM
(ITEM NO. 35, C.C.P., NOV. 10, 1992)
That the Mayor be and hereby is authorized to execute the proposed
Anti-Drug Abuse Act, Drug/Interdiction/Points of Entry Agreement between the
City of Buffalo and the New York State Division of Criminal Justice Services,
attached to the above communication, for the period September 1, 1992 through
August 31, 1993.
ADOPTED.
No. 99
REPORT OF EMERGENCY DEMOLITION
694-710 SWAN STREET
(ITEM NO. 51, C.C.P., NOV. 10, 1992)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Mainline Contracting at a
cost of $24,784.00, relating to 694-710 Swan Street, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund # 500-000-002-00000, and that said cost shall be collected against the
owner or person in possession of the premises and/or shall be assessed against
the property benefitted, in accordance with Chapter 113, of the Ordinances of
the City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
No. 100
Refund Excess Taxes//BRACO I 1991-1992 (CC)
(Item # 145 CCP Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - AMOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI - 10.
NOES - ARTHUR - 1.
No. 101
Demolition//Compromise Settlement-136 Townsend
(Item # 15 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 102
REMOVE 2037 CLINTON STREET FROM
GRASS CUTTING ASSESSMENT
(ITEM NO. 131, C.C.P., OCT. 13, 1992)
That the Commissioner of Assessment, be and he hereby is authorized
to remove the property located at 2037 Clinton Street owned by Mrs. Irene
Bartoszek of 264 South Ogden Street from the grass cutting assessment roll, and
that any charges for grass cutting on such property, be and hereby are abated
and discharged.
PASSED.
AYES- 11 NOES- 0.
No. 103
Cancel Grass Assessment/2037 Clinton (ASSMT)
(Item # 15 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
FIRE HOUSE VENDING MACHINES
(ITEM NO. 103, C.C.P., SEPT. 29, 1992)
That the Commissioner of Fire, be and he hereby is authorized
to enter into an agreement with the Muscular Dystrophy Association and the Folz
Machine Co., Inc. for the provision of vending machines in the City's
firehouses.
PASSED.
AYES - COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI - 9.
NOES - AMOS, ARTHUR - 2.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 105
SPECIAL DEVELOPMENT PLAN, SERIAL 23 RONALD D. BERNYS, PETITION TO REZONE 359,
361 DINGENS STREET & 588 S. OGDEN
(ITEM NO. 78, C.C.P., NOV. 10, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
The Common Council of the City of Buffalo do hereby ordain as follows:
That that part of Section 511-126 of the Ordinances of the City of
Buffalo, as it relates to the use map thereof, is hereby amended to show a "C1"
Neighborhood Business District instead of an "R2" Dwelling District for the
premises known as 359 Dingens Street, 361 Dingens Street and 588 South Ogden
Street, Buffalo, New York, more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of
Erie, and State of New York, being part of Lot Number One Hundred Sixty (160),
Township Ten (10), Range Seven (7), of the Buffalo Creek Reservation and
further distinguished as Subdivision Lots Numbers Five (5), Six (6), and Seven
(7), Block "C", Cover Number Two Hundred Fifty Two (252), being Ninety Five
(95) feet front and rear by One Hundred Thirteen (113) feet in depth, Dingens
Street, southwest corner of South Ogden Street; also Subdivision Lot Number
Nine (9), Block "C", Cover Number Two Hundred Fifty Two (252), being Thirty
five (35) feet front and rear by One Hundred Thirteen (113) feet in depth,
South Ogden Street, west side, One Hundred (113) feet south of Dingens Street.
That under the aforestated Special Development Plan, pursuant to the
provision of Section 511-126 of the Ordinances of the City of Buffalo, this
special development plan shall be known as "Special Development Plan, Serial
No. 23", and detailed in a drawing dated November 18, 1992 attached hereto and
incorporated herein, the following conditions and limitations are placed upon
the above described premises:
1. That the use of the property be restricted from operating a gasoline
service station.
2. That Special Development Plan No. 23 shall take effect November 24, 1992.
3. No modification of this Special Development Plan shall be permitted
except upon application, as for rezonings, under Section 511-126 of the
Ordinances of the City of Buffalo with notice and public hearing. Any
modification shall require the same three-fourths (3/4) vote as required for
the approval of this Special Development Plan.
4. Any building or use permit issued for the property involved in Special
Development Plan No. 23 shall conform to the requirements of the Special
Development Plan as approved, in which case the permit shall contain all
conditions and limitations placed thereon by the Common Council. If a building
or use permit is not issued within a six (6) month period after Common
Council's approval, said approval shall be void and the zoning classification
shall be as it was when the petition was filed.
5. As a condition to the issuance of any and all permits by the City of
Buffalo, the petitioner shall be required to comply with all pertinent
ordinances, statutes, rules and regulations.
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk and proof of such filing has been filed with the City Clerk.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings of negative impact under said
Act.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 11 NOES- 0.
No. 106
Greenbridge Development Co., Inc.
Rezone 169-281 Eagle Street
(ITEM NO. 79, C.C.P., NOV. 10, 1992)
That the Common Council of the City of Buffalo do hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be
amended to show a "C2" Commercial District rather than a "R-4" Residential
District for the premises known as 169-281 Eagle Street, Buffalo, New York,
more particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of
Erie, State of New York, being part of Outer Lot No. 104 and described as
follows:
Beginning at a point on the south line of Eagle Street at its intersection with
the easterly line of Michigan Avenue, thence; easterly along said southerly
line of Eagle Street, on a bearing of S 89-56-47 E., a distance of 1127.94 feet
to a point, said point being the intersection of the southerly line of Eagle
Street and the westerly line of Pine Street, thence; southerly along the
westerly line of Pine Street, on a bearing of S.00-02-57 E., a distance of
547.17 feet to a point, said point being the intersection of the westerly line
of Pine Street with the northerly line of S. Division Street, thence westerly
along the northerly line of S. Division Street on a bearing of S. 89-59-53 W. a
distance of 1129.02 feet to a point, said point being the intersection of the
northerly line of S. Division Street with the easterly line of Michigan Avenue,
thence northerly along the easterly line of Michigan Avenue, on a bearing of N.
00-06-43 E. to the point or place of beginning, containing 14.,192 acres more
or less.
This rezoning shall be effective providing the following condition is
met:
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings of negative impact under said
Act.
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk and proof of such filing has been filed with the City Clerk.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 11 NOES- 0.
No. 107
ATLANTIC REFINING & MARKETING, PETITION TO USE
2731 DELAWARE AVENUE FOR A POLE SIGN
(ITEM NO. 80, C.C.P., NOV. 10, 1992)
That after a public hearing before the Committee on Legislation
on November 17, 1992, the petition of Atlantic Refining & Marketing, for
permission to use 2731 Delaware Avenue for a pole sign be and hereby is
approved.
PASSED.
AYES- 11 NOES- 0.
No. 108
Petitions For Music License/3405 Bailey/The Library (CC)
(Item # 19 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - AMOS, ARTHUR, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI - 10.
NOES - FAHEY - 1.
No. 109
The Library/Permits For 3405 Bailey (CC)
(Item # 41 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - AMOS, ARTHUR, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI - 10.
NOES - FAHEY - 1.
No. 110
The Library/Permits For 3405 Bailey (CC)
(Item # 42 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - AMOS, ARTHUR, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI - 10.
NOES - FAHEY - 1.
No. 111
PERMISSION TO ENCROACH NEW FACADE
2059 CLINTON STREET
(ITEM NO. 28, C.C.P., NOV. 10, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Marvin Linde, owner of Pumpernick-N-Pastry
Shoppe, located at 2059 Clinton Street to install a new facade on the existing
structure 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 facade and door be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the new facade does not extend more than five inches from the
existing structure into City right of way.
4. That the applicant supply the City of Buffalo with a ten thousand dollar
($10,000) 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 facade and/or new door.
PASSED.
AYES- 11 NOES- 0.
No. 112
REQUEST AMENDMENT - CODE OF ETHICS
(ITEM NO. 105, C.C.P., OCT. 27, 1992)
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) The full text and form of the disclosure statement be included in
the ordinance;
2) Full disclosure for all elected and appointed officials be required and
it be clearly stated that the Board of Ethics handle financial disclosure
statements as matters of public record;
3) The distinction between salaried and non-salaried officials (i.e. persons
serving on various beards) be clearly defined and delineated, with disclosure
requirements mandatory for both, particularly with respect to involvement with
or interest in any entity conducting business with the city of Buffalo. The
disclosure statement itself shall consist of two separate and distinct sections
in relation to non-salaried officials whereby personal business interests not
related to City activity may remain confidential;
4) 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;
5) 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;
6) The Board of Ethics be required to disclose when it imposes a penalty for
unethical conduct;
7) Meetings of the Board of ethics shall be open to the public unless the
matter to be addressed shall require Executive Session. The time, place and
date of the meetings shall be publicized prior to the meeting and set in the
public record.
Minutes of Board of Ethics meetings shall be made public.
ADOPTED.
No. 113
PERMIT TO COLLECT GARBAGE/REFUSE
C.I.D. REFUSE SERVICE INC.
(ITEM NO. 29, C.C.P., OCT. 27, 1992)
That the application of C.I.D. Refuse Service, Inc., 100 Ransier
Drive, West Seneca, New York for a permit to collect and haul refuse and
garbage be and hereby is approved; and
That the Commissioner of Street Sanitation is hereby authorized to issue
said permit pursuant to Section 216-3 of the City of Buffalo Ordinances.
ADOPTED.
No. 114
Backyard Composting Units
(Item # 17 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Results Of the 1992 Elm Spraying Program (Parks)
(Item # 21 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
NYSDEC Hartwell St Landfill (EMC)
(Item # 4 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
AIRCO/Reduce Industrial Discharge
(Item # 64 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Buffalo Color Corp./Reduce Industrial Discharge
(Item # 67 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
PVS Chemicals Inc./Reduce Industrial Discharge
(Item # 77 CCP No 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
D. McHugh/Complaints Of Employees Of Signal Dept.
(Item # 45 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Debris Pick-up At 958 Northampton (Sts)
(Item # 49 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 122
Response To College Beer Parties (Police)
(Item # 22 CCP Oct 27, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Response To College Beer Parties (Pol)
(Item # 32 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Exclude Tonawanda/Elmwood From meter Increase
(Item # 176 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Exclude Ellicott/North Niagara Districts From Meter Increase
(Item # 181 CCP Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Exclude University District From Meter Fee Increase
(Item # 110 Nov 10, 1992 CCP)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Recalibrate Meters In Business Districts To $0.25
(Item # 135 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Robert Delano's Employment Status
(Item # 39 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
APPOINTMENT OF
COMMISSIONER OF PARKS
(ITEM NO. 1, C.C.P., NOV. 10, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved to recommit the above item to the Committee on Legislation
Seconded by Mr. Fahey.
Mr. Higgins now moved to amend to confirm the appoint of Stan A. Busczkowski,
residing at 198 Eden Street, Buffalo, New York as Commissioner of Parks of the
City of Buffalo, effective November 2, 1992. Seconded by Mrs. LoTempio.
ADOPTED.
AYES - ARTHUR, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS - 7.
NOES - AMOS, COPPOLA, PERLA, ZUCHLEWSKI - 4.
RESOLUTIONS
No. 130
BY: MR. AMOS
COUNCILMEMBER BELL - EXCUSED FROM MEETING
NOW, THEREFORE, BE IT RESOLVED:
That Councilmember Clifford Bell be and hereby is excused from the November 24,
1992 Common Council meeting due to his absence from the City.
ADOPTED.
No. 131
BY: MR. ARTHUR
Fiscal/Management Reforms
WHEREAS: The Buffalo Financial Plan Commission has requested that
the Common Council consider some of the "noncontroversial fiscal/management
reforms" that were initially suggested by the Buffalo Financial Plan Commission
and contained in City Proposition # 1, which was defeated at the polls; and
WHEREAS: Although there is some disagreement between the Buffalo Financial
Plan Commission and some members of the Council over which reforms are
"noncontroversial", there are some reforms which are worthy of further
consideration. Specifically, these relate to: (1) the establishment of an
Advisory Audit Committee; (2) requiring the Comptroller to file quarterly
financial statements; and (3) requiring the Budget Division to file year-end
forecasted financial statements on a quarterly basis (see attachment). And,
WHEREAS: These reforms could potentially improve the operation of City
government by giving the Common Council access to important financial
information in a timely manner.
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests reports from the Comptroller, the
Commissioner of Administration and Finance, and the Director of the Budget
outlining their views of these proposed reforms, and including their
assessments of the costs of these reforms, if any, in terms of staff
requirements, time, and any other relevant considerations.
ADOPTED.
No. 132
BY: MR. ARTHUR
Request Attendance of Streets, Assessment, Corporation Counsel
and Comptroller at Legislation Meeting to Discuss Problems with Fines for
Violations of Ch. 216-14.
WHEREAS: Increasingly complaints are being received from landlords
who own property in the City of Buffalo, concerning the system by which fines
are levied for violations of Chapter 216-14, Placement of materials for
collection by the Department of Street Sanitation; and
WHEREAS: These complaints are not directed so much at the regulations and
fines themselves, but rather at the manner in which fines are assigned and
collected. landlords, who upon receiving notification of a violation and fine,
have called the Department of Street Sanitation and been informed that "the
ticket was the tenants responsibility, however, if the tenant did not pay it
[the landlord] would have to pay it in the end." And,
WHEREAS: This system is resulting in situations where tenants fail to pay
fines in a timely manner, thus resulting in a doubling of the original fine,
and the assignment of both the fine and the late payment penalty to the
landlord; and
WHEREAS: A number of landlords are being adversely affected by this system,
and many are unable to avail themselves of the hearing provisions whereby they
may receive some relief by having the late payment penalty waived.
NOW THEREFORE BE IT RESOLVED:
That this Common Council does hereby request the presence of representatives of
the Departments of Street Sanitation and Assessment, the Corporation Counsel's
Office and the Comptroller's Office at the next meeting of the Committee on
Legislation in order to discuss: (1) the operation of the present system, (2)
the rights and responsibilities of landlords and tenants under this system; and
(3) solutions to the problems currently faced by landlords.
ADOPTED.
No. 133
BY: MR. ARTHUR
EXTINGUISH CITY HALL LIGHTS IN RECOGNITION OF WORLD AIDS DAY
WHEREAS: December 1st was declared World Aids Day by the United
Nations World Health Organization in 1988 in an effort to focus world-wide
attention on the epidemic known as AIDS; and
WHEREAS: Because of the increasing rate of infection among peoples of all
races, gender and age throughout the world, we all must do our part to promote
awareness and education to all segments of our population; and
WHEREAS: This Common Council has been asked by the AIDS Alliance of Western
New York to extinguish the lights illuminating City Hall between the hours of
6:00 PM and midnight on December 1, 1992, to show a commitment to join our
entire community in acknowledging the need to work together in the struggle to
fight the most devastating epidemic to strike world-wide.
NOW THEREFORE BE IT RESOLVED THAT:
In international observance of WORLD AIDS DAY the lights illuminating City Hall
be extinguished between the hours of 6:00 PM and midnight on December 1, 1992.
ADOPTED.
No. 134
BY: MESSRS. ARTHUR AND COPPOLA
DIRECT CORPORATION COUNSEL TO INITIATE
ARTICLE 78 TO COMPEL COMPTROLLER TO PAY
KLEINHAN'S CLAIM
WHEREAS: On 12/23/91 (C.C.P. No. 179) this Common Council, upon
review and audit of the claim by Kleinhan's Music Management, Inc. in the
amount of $140,975.00, determined that the claim is a legal liability of the
City of Buffalo, and ordered that a warrant be drawn in payment thereof,
authorizing and directing the Comptroller of the City of Buffalo to immediately
pay the claim by issuance of a check drawn on the account of 81-2 General City
Charges 100-812-000-00-89 Judgment and Claims, Prior Years. And,
WHEREAS: This claim by Kleinhan's Music Management, Inc. remains unpaid
despite this Common Council's actions to effect payment; and
WHEREAS: This Common Council has been instructed by the Corporation Counsel
to begin an Article 78 proceeding to compel the Comptroller to pay this claim.
NOW THEREFORE BE IT RESOLVED:
That this Common Council does hereby instruct the Corporation Counsel to
initiate an Article 78 proceeding against the Comptroller to compel him to pay
the claim of Kleinhan's Music Management, Inc. in the amount of $140,975.00.
ADOPTED.
No. 135
BY: MESSRS. ARTHUR AND PITTS
REAPPOINTMENT OF THE STADIUM AND
AUDITORIUM TASK FORCE
WHEREAS: The Common Council created a special Task Force to oversee
the development of a new arena at the foot of Main Street, and
WHEREAS: The Task Force has been functioning during the past several years
to facilitate the planning of the Arena's development. However, the Buffalo
Sabres have been just recently provided a financial plan, and
WHEREAS: This financial plan has projected a construction schedule which
begins the Spring of 1993. This dictates that the City's obligations have to
be activated immediately, and
WHEREAS: The existing Task Force has to be changed to meet its new
obligations.
NOW THEREFORE BE IT RESOLVED THAT:
The Common Council reappoint a new Stadium and Auditorium Task Force that
includes:
Councilmember Pitts - Chairman
Council President Arthur
Councilmember LoTempio
Councilmember Higgins
Councilmember Belt
Councilmember Fahey
Commissioners of Public Works
Community Development
Administration & Finance
Corporation Counsel
President of Development Downtown
ADOPTED.
No. 136
BY MR. BAKOS
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF NEW BUFFALO INDUSTRIAL
PARK
PARCEL # 3
WHEREAS, Paul A. Dedrick and Eden Scott, and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper In accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of New
Buffalo Industrial Park; and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of November 1992.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
8th day of December 1992.
ADOPTED.
No. 137
BY: MR. BAKOS
BOARD OF ETHICS MAKE RECOMMENDATIONS ON CONTRIBUTIONS FROM UNIONS,
PAC'S, ETC. TO CITY OF BUFFALO ELECTED OFFICIALS AND BOARD OF EDUCATION MEMBERS
WHEREAS: H. Ross Perot, President elect Clinton and President Bush
spoke to the evils of influence peddling by political lobbyist groups, unions,
corporations, political action committees, etc., who contributed to elected
officials' campaigns; and
WHEREAS: Within the City of Buffalo there are Interest Groups, city unions,
teachers union, companies who do business with the city, and numerous other
organizations who contribute to the campaigns of those running for the office
of the Mayor, Comptroller, Common Council and the Board of Education; and
WHEREAS: The general public is outraged that such lobbyist groups may
influence elected officials whose decisions then effect taxes, fees and
mandates; and
WHEREAS: While these lobbyist practices were reluctantly accepted in the
past, they cannot be tolerated in the future.
NOW, THEREFORE BE IT RESOLVED THAT:
The Board of Ethics investigate and comment on the propriety of City of Buffalo
and Board of Education elected officials accepting cash and in-kind
contributions from organizations which in turn may influence the
decision makers on such issues as funding allocations, raises, contracts, etc.;
and
BE IT FURTHER RESOLVED THAT:
The Board of Ethics review the present procedures and file a report with the
Common Council and Board of Education with recommendations of new and more
stringent guidelines for a more public responsive process.
ADOPTED.
No. 138
BY MR. BELL
Discharge Economic Development Committee
L.D.A. - Lewis Street Sr. Housing (ICR)
(Com 50, C.C.P., Nov. 10, 1992)
Whereas: The above item is Tabled in the Economic Development
Committee, and
Whereas: It is no longer necessary for this item to be considered by that
Committee;
Now, Therefore, Be It Resolved, that this Common Council does hereby Discharge
the Economic Development Committee from further consideration or the above
item.
ADOPTED.
LDA - Lewis Street Sr. Housing
(Item No. 50, C.C.P., November 10, 1992)
The above item has been discharged from the Economic Development
Committee, and the item is now before the Common Council; and
Said 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. Franczyk the hearing is opened.
CARRIED.
Appearances: Louis Malucci, Community Revitalization
Scott Field, Polish Community Center
Tom Kaley, Architect
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Higgins.
CARRIED.
Mr. Fahey moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Polish Community Center of Buffalo, 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 Polish Community Center of Buffalo, 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 Lewis Street Senior New Housing Project in the Community Wide Urban Renewal
Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency and the Mayor of the City of Buffalo are 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.
PASSED.
AYES- 11 NOES- 0.
No. 139
BY: MR. BELL
EDUCATIONAL FUNDING FROM STATE LOTTERY
WHEREAS: When it was first proposed, the New York State Lottery
encountered a great deal of opposition; and
WHEREAS: The Lottery was able to gain approval, in large part, due to the
pledge that the entire proceeds would go directly to education; and
WHEREAS: It was assumed that the lottery proceeds would supplement a
continuing commitment from general fund revenues, resulting in a significant
increase in the amount of funding for education in this state; and
WHEREAS: However, the influx in lottery income coming into state coffers has
instead led to a reduction in the general fund revenue that goes to education,
and so that the state's educational system is not experiencing the anticipated
infusion of money; and
WHEREAS: It is evident that money that was initially intended to be used for
education is being diverted to other priorities in the state budget; and
WHEREAS: At a time when the demands on our educational system are so great,
and that the need for a better educated citizenry is so critical, it is
important that we revisit this issue with an eye toward enhancing our ability
to adequately fund education in New York State.
NOW, THEREFORE BE IT RESOLVED:
New York State legislators as well as lottery and education officials be
requested to explain why funding is being diverted from education, and how the
system could be changed so that it would contribute more funding to education;
and
BE IT FURTHER RESOLVED:
That the City Clerk send a certified copy of this resolution to the New York
State Lottery Division, the State Education Department, and the Western New
York delegation to the New York State Legislature requesting their written
responses by December 31, 1992.
ADOPTED.
No. 140
BY: MR. BELL
EXTRA PERCENT OF SALES TAX NO LONGER EXTRA
WHEREAS: An additional one percent was added to the sales tax in
Erie County to help county government deal with the serious fiscal problems
that threatened its economic stability in the mid-1980's; and
WHEREAS: In recognition of this special situation, the entire extra eighth
percent sales tax was diverted to county coffers, rather than being divided
among local governments and school districts according to established
procedures; and
WHEREAS: Over the past few years, requests were made to continue allowing
the county to collect this extra percent; and
WHEREAS: The County Executive and County Legislature have become so reliant
on the additional funds derived from that extra percent that they view it as a
integral part of the county budget; and
WHEREAS: With the City of Buffalo now experiencing serious financial
difficulties, it is more important than ever that city residents receive the
portion of the extra percent to which they are entitled;
NOW, THEREFORE BE IT RESOLVED:
That the New York State Legislature be memorialized to require that any future
extension of the additional eighth percent of the Erie County sales tax be
contingent on the distribution of the funds derived to municipalities and
school districts according to the established formula; and
BE IT FURTHER RESOLVED:
That if the Legislature chooses to allow the extra one percent tax to continue
without equitable distribution of the entire sales tax, it be requested to
include a sunset provision that would end the additional one percent tax on a
predetermined date.
BE IT FURTHER RESOLVED:
That the Erie County Budget Director be requested to explain how a "temporary"
sales tax became an integral part of the county budget, whether the county
views this as a permanent part of county revenues, and what measures the county
would take to compensate for the loss of revenue should the extra percent be
distributed equitably; and
BE IT FINALLY RESOLVED:
That the City Clerk send certified copies of this resolution to Western New
York delegation to the New York State Legislature, the Secretary of the Senate
and the Clerk of the Assembly, and the Erie County Budget Director.
ADOPTED.
No. 141
BY: MR. COPPOLA
REQUEST UPDATE FROM NFTA
REGARDING EMISSION REDUCTION
WHEREAS: The Buffalo metropolitan area was recently identified
as one of 181 areas nationwide that have failed to meet federal air quality
standards; and
WHEREAS: In April, 1990, this Common Council expressed its concern to the
Niagara Frontier Transportation Authority regarding the testing of alternative
fuel sources for buses because new EPA emission standards for buses would take
effect in 1991; and
WHEREAS: In July, 1990, this Common Council was informed by the NFTA that it
was involved in the studies of two alternate fuels, Methanol and Compressed
Natural Gas; and
WHEREAS: The NFTA also informed this Council that it was in the process of
purchasing five CNG buses.
NOW THEREFORE BE IT RESOLVED THAT
The City Clerk forward a certified copy of this resolution to the Niagara
Frontier Transportation Authority requesting an update regarding the results of
alternative fuel testing, the purchase of CNG buses, and other steps taken to
comply with EPA emission standards.
ADOPTED.
No. 142
BY: MR. COPPOLA
REQUEST UPDATE FROM
GENERAL SERVICES RE: CONVERSION TO CNG
WHEREAS: This past February, the Commissioner of General Services
announced that the city would begin converting some of its vehicles to
compressed natural gas (CNG); and
WHEREAS: The United States Environmental Protection Agency recently mandated
new inspection and maintenance requirements to be phased in over a period of
time beginning January 1, 1994; and
WHEREAS: The Buffalo metropolitan area is one of the 181 areas nationwide
that has failed to meet federal air quality standards and will be required to
have enhanced testing facilities to measure tailpipe emissions; and
WHEREAS: It is a known fact that CNG is not only a low-cost alternative
fuel, but is also an environmentally conscientious alternative and safer.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests an update from the Commissioner of General
Services on the conversion of city-owned vehicles to compressed natural gas.
ADOPTED.
No. 143
BY: MR. COPPOLA
REQUEST INFORMATION ON SUBSTITUTE TEACHERS
WHEREAS: Recently, a great deal of concern has been expressed about
substitute teachers regarding necessary qualifications and procedure in
choosing substitute teachers.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests that the City Clerk send a certified copy of this
resolution to Albert Thompson, Superintendent of Schools, and Philip Rumore,
President of the Buffalo Teachers Federation, with a request for response to
the following:
1. What qualifications are required to qualify for substitute teaching?
2. How many substitute teachers does the school system presently hire?
3. What is the present procedure for choosing substitute teachers?
4. What monies are allocated in the Board of Education budget for substitute
teachers?
5. Can someone convicted of a felony or a misdemeanor serve as a substitute
teacher?
ADOPTED.
No. 144
BY: MR. FAHEY
5 YEAR CAPITAL PLAN FOR WATER BOARD
RESOLVED, that the attached five (5) year capital plan be and
hereby is approved in accordance with the Operating Agreement by and between
the City of Buffalo and the Buffalo Water Board dated September 24, 1992; and
be it further
RESOLVED, that Appendix A-1 of the Financing Agreement dated as of September
24, 1992 by and between the City of Buffalo, the Buffalo Municipal Water
Finance Authority and the Buffalo Water Board be amended accordingly.
LAID ON THE TABLE.
No. 145
BY MR. FAHEY
Councilmember Bakos Excused
That Councilmember Bakos be and hereby is excused from attendance
at the stated meeting of November 24, 1992, due to illness.
ADOPTED.
No. 146
BY MR. FRANCZYK
NEW BOARD-UP POLICY FOR VACANT BUILDINGS
WHEREAS: On September 2, 1992, the Commissioner of the Department
of Community Development issued a memorandum regarding the implementation of a
new board-up for vacant buildings; and,
WHEREAS: This new policy was apparently designed to cut the costs associated
with operating the Clean and Seal crew by requiring stricter standards and
billing procedures, and,
WHEREAS: While this new policy is well intentioned, the result has been an
unacceptable increase in the amount of time that passes before vacant and open
houses are boarded, thus increasing the possibility of a vacant building being
arsoned or harboring criminal activities; and,
WHEREAS: The new guidelines as promulgated by the Commissioner of Community
Development cause such delays, as board-up requests now must first meet a
number of requirements including a site visit by an inspector before the Clean
and Seal crew can proceed; and,
WHEREAS: These new guidelines also restrict the boarding of non-residential
buildings; and,
WHEREAS: The Clean and Seal program was designed to both protect the public
by closing vacant buildings and to protect the housing stock; and,
WHEREAS: The goals of the new policy such as prompt billing of the owners of
boarded buildings are important in this era of diminishing financial resources;
and,
WHEREAS: This needed reform must be accomplished without jeopardizing the
safety of the public by necessarily delaying boarding.
NOW THEREFORE BE IT RESOLVED:
That this Common Council recognizes the need for reform of the Clean and Seal
program, but also realizes that the realities of arson, vandalism and crime
necessitate prompt boarding of vacant structures.
BE IT FURTHER RESOLVED:
That this Common Council requests that the Commissioner of Community
Development modify the board-up policy of September 2, 1992 to enable immediate
boarding of hazardous buildings to lessen the threats that vacant and open
buildings pose to the public health, safety and welfare.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 147
BY MESSRS. FAHEY AND PERLA
REQUEST COMPLIANCE AT 124 ELMWOOD
WHEREAS, The Adventure Club at 124 Elmwood Avenue has been denied
a dance license; and
WHEREAS, investigations have reported dancing at this establishment in
violation of City Ordinances; and
WHEREAS, The Adventure Club has not obtained a restricted use permit for use
and occupancy of the entire basement at 124 Elmwood Avenue as a nightclub; and
WHEREAS, investigations have reported that The Adventure Club uses and occupies
the entire basement at 124 Elmwood as a nightclub in violation of City
Ordinances; and
WHEREAS, the Division of Licensing and Inspections have or are preparing to
notify and cite the owners and operators of 124 Elmwood Avenue and The
Adventure Club of these violations;
NOW, THEREFORE, BE IT
RESOLVED, that the Common Council requests and recommends the appropriate City
Officers and Divisions to take all immediate action to obtain full compliance
by the owners and operators of 124 Elmwood Avenue and The Adventure Club with
City Ordinances and to immediately and vigorously pursue prosecution of any
non-compliance.
ADOPTED.
No. 148
BY: MR. HIGGINS
Tifft Street Bridge Replacement Status Report
WHEREAS: The Tifft Street bridge is a critical transportation route
to the Buffalo Waterfront and points north and south from the South Buffalo
population center; and
WHEREAS: The New York State Department of Transportation and the Department
of Public Works are currently preparing design plans for the replacement of the
Tifft Street bridge scheduled for 1993; and
WHEREAS: Changes in the existing transportation network and a desire for more
pedestrian access opportunities have been identified by the commission charged
with preparing plans for the redevelopment of the Buffalo Waterfront; and
WHEREAS: The design plans for the scheduled replacement of the Tifft Street
bridge should correspond with the changing vehicular and pedestrian uses
anticipated in our redevelopment efforts; and
WHEREAS: The Tifft Nature Preserve and Tifft Playfield improvements project
are examples of the need to plan transportation projects to complement, not
conflict with local redevelopment initiatives.
NOW THEREFORE BE IT RESOLVED:
That this honorable body respectfully ask the New York State Department of
Transportation and the City Department of Public Works to file separate and
comprehensive status reports on the conceptual design, funding agreement and
construction schedule for the Replacement of the Tifft Street Bridge; and
BE IT FURTHER RESOLVED:
That said status reports be filed with this Common Council within 14 days upon
adoption of this resolution; and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward a certified copy of this resolution
to the New York State Department of Transportation Regional Director, the City
of Buffalo Commissioner of Public Works, and the Executive Director of the
Horizons Waterfront Commission.
ADOPTED.
No. 149
BY: MR. HIGGINS
Request for report from the United States Environmental Protection
Agency (EPA) and New York State Department of Environmental Conservation
(NYSDEC) on the pesticide sevin ( carbaryl)
WHEREAS: The city Parks Department has been asked by the City's
Pest Management Board to cease and desist from the use of the pesticide sevin
for pest management of city Elm trees; and
WHEREAS: Experimental efforts to identify a non or least toxic effective
means of pest control is currently ongoing; and
WHEREAS: Absent a safe and effective alternative, residents resort to the
use and are consequently exposed to uncertain toxicity levels from store bought
and/or exterminator recommended pesticides.
NOW, THEREFORE BE IT RESOLVED:
This Common Council requests the U.S.E.P.A. and NYSDEC file separate reports
with this Honorable Body concerning the health risks and environmental impact
of the City's use of sevin (carbaryl)in the maintenance of City Elm Trees; and
BE IT RESOLVED:
Said reports should be filed within 30 days upon adoption of this resolution
and include documented examples of any municipality(s) which has (have)
successfully achieved a non or least toxic means of pesticide management, a
listing of Federal and/or State grants available to phase out toxic pesticides;
and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the U.S. EPA, the NYSDEC, the City Parks Department and the Pest Management
Board.
ADOPTED.
No. 150
BY: MR. HIGGINS
Request for Streets Commissioner to prepare a workable schedule
for all services provided by the Street Sanitation Department
WHEREAS: The Streets Department provides a number of constituent
services including garbage, trash, leaves and snow removal, street cleaning,
and at times, tire pick-up; and
WHEREAS: While the majority of services are provided on a regular basis,
there is some confusion when functions overlap, schedules are derailed and
residents are not kept as well informed as possible; and
WHEREAS: This has been evidenced by the cancellation of one of the two
scheduled dates for residential tire pick-up due to trash season, and the lack
of a comprehensive leaf pick-up this year because of plowing demands.
NOW, THEREFORE BE IT RESOLVED:
That the Commissioner of Street Sanitation prepare and file with this Common
Council a complete list of manpower, equipment available and constituent
services provided; and
BE IT FURTHER RESOLVED:
In an effort to keep residents as well-informed as possible, to avoid
overlapping functions and derailed schedules, the Streets Commissioner also
submit to this Common Council a proposed workable schedule of all Street
Sanitation Department component services for 1993. This list should include,
but not be limited to, the dates, districts, and instructions for residents for
the removal of trash, leaves, and residential tire pick-up; and
BE IT FINALLY RESOLVED:
That this information be filed no later than January, 1993.
ADOPTED.
No. 151
BY: MR. HIGGINS
TARGET THE CITY OF BUFFALO FOR PRESIDENT-ELECT CLINTON'S ECONOMIC
RECOVERY PLAN
WHEREAS: The punishing effects of the lingering national recession
and the loss of the City's industrial and manufacturing base in a changing
global economy makes Buffalo one of the most economically depressed urban
centers in the American Northeast; and
WHEREAS: Despite those problems, the City of Buffalo has used local and
state resources to plan for, and encourage efforts toward the revitalization of
the local economy by investment in public infrastructure to attract private
development; and
WHEREAS: The City of Buffalo is a municipal partner to a regional planning
commission which has adopted an Action Plan and is prepared to coordinate
redevelopment of the Buffalo Waterfront area; and
WHEREAS: The development plans when affected promise the creation of
thousands of jobs in the construction trades and will encourage private
investment in the local economy; and
WHEREAS: President-elect Clinton's economic strategy to spur growth in the
national economy is to seek immediate changes in the federal tax code to offer
investment tax credits and to invest $20 billion in the public infrastructure.
WHEREAS: Planning and development objectives are in fundamental agreement
with President-elect Clinton's economic recovery plan; and
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests the economic transition team appointed by
President-elect Clinton target the City of Buffalo, and in particular the
former Republic Steel site in South Buffalo, for federal assistance under the
economic recovery plan proposed by the President-elect; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to forward a certified copy of this resolution
and a certified copy of the Horizons Action Plan to Robert Reich, economic
advisor to President-elect Bill Clinton's transition team; and
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the Western New York Congressional Delegation, Buffalo AFL-CIO Council, and
the Construction Trade Council of Western New York.
ADOPTED.
No. 152
BY: MR. HIGGINS
AUTHORIZE LEASE BETWEEN CATHOLIC CHARITIES AND CITY OF BUFFALO
WHEREAS: "AUTHORIZE LEASE BETWEEN SOUTH BUFFALO FOOD PANTRY AND
CITY OF BUFFALO" Item # 210 C.C.P. July 7, 1992, was approved by the Common
Council; and
WHEREAS: The Food Pantry is sponsored by Catholic Charities of Buffalo and
the lease should be between the City of Buffalo and Catholic Charities of
Buffalo, 525 Washington Street, Buffalo, New York 14203 with the required
insurance provided by Catholic Charities.
NOW THEREFORE BE IT RESOLVED:
That the Common Council requests that the leasee to be changed from South
Buffalo Food Pantry Inc. to Catholic Charities of Buffalo and requests the
Corporation Counsel to make the necessary changes in the authorized lease
agreement.
PASSED.
AYES- 11 NOES- 0.
No. 153
BY: MESSRS. HIGGINS, ZUCHLEWSKI AND AMOS
PLACE FIREBOAT PERSONNEL INTO POSITIONS CREATED BY EARLY RETIREMENT
AND EXTEND HEALTH CARE BENEFITS
WHEREAS: This Common Council, via the passage of L.L. # 14, "Early
Retirement Incentive," enabled eligible city employees to participate in a
retirement incentive program authorized by Chapter 643, Laws of 1992; and
WHEREAS: Approximately one hundred (100) of the nearly three hundred (300)
eligible city workers took advantage of this early retirement incentive option
leaving several city jobs vacant; and
WHEREAS: The City will be forced to fill the vacancies created by the early
retirement program, since city services have already been reduced in the
current 1992-93 austerity budget; and
WHEREAS: These vacancies should be filled by former city employees laid off as
of July 1, 1992, especially by former crew members of the Fireboat Cotter who
have been embroiled in controversy over "bumping rights" and other
considerations for several months, and who could be easily placed in similar
vacant city positions created by the early retirement incentive program; and
WHEREAS: Compounding the problems for the former Cotter crew is the fact that
extended health and dental benefits provided by the Council through Resolution
193, C.C.P. 6/9/92, "Extended Health Care Benefits to Laid Off Employees," will
run out December 31, 1992;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council requests that the administration take immediate action
in placing the former members of the Fireboat Cotter into similar positions to
those vacated, and that will have to be filled as a result of the early
retirement program; and
BE IT FURTHER RESOLVED:
That this Common Council extend the health and dental insurance benefits to the
former Cotter crew members beyond the December 31, 1992 deadline until such
time as all Cotter employment issues are resolved.
Mr. Fahey moved that Resolve No. 1 be adopted and Resolve No. 2 be referred to
the Committee on Legislation and the Commissioner of Administration and
Finance.
ADOPTED.
No. 154
BY: MESSRS. HIGGINS AND AMOS
Request for Buffalo Board of Education to adopt
a STRICT CODE OF BEHAVIOR
WHEREAS: The shooting of a school security guard at South Park
High School by a student has left the community shaken, but sadly not
surprised, as reports of students carrying weapons, some only for their own
protection, are too numerous; and
WHEREAS: The safety and protection of our students and school personnel must
be guaranteed; and
WHEREAS: This guarantee of safety in our Buffalo Public Schools requires
solutions to the problems not just reactive, temporary responses which address
only the symptoms; and
WHEREAS: It is important to note that 1400 students attend South Park High
School, a National School of Excellence adopted by the IBM Corporation and
whose football team will compete for the Harvard Cup on Thanksgiving Day; and
WHEREAS: The incident at the School involved two students, one a recent
transfer to South Park from Buffalo Alternative.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council urge the Buffalo Board of Education to review and
adopt a Strict Code of Conduct for students. This Code of Conduct should
include zero tolerance for those who have demonstrated an obvious pattern of
disciplinary problems which implicitly and explicitly threaten teachers,
administrators and students; and
BE IT FURTHER RESOLVED:
That the Board of Education review and re-evaluate their policy of admissions
giving School Principals increased administrative flexibility and to increase
teacher and parent involvement in the decision making process in removing
students whose behavior problems have been identified and documented.
AND, BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the Superintendent of Buffalo Public Schools, The President of the Buffalo
Board of Education and all Board Members, and the Buffalo Teachers Federation.
ADOPTED.
AYES - AMOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI - 9.
NOES - ARTHUR, COLLINS - 2.
No. 155
BY: MRS. LOTEMPIO
ESTABLISH COMMITTEE TO INVESTIGATE CONSOLIDATION OF DEPARTMENTS
OF STREET SANITATION, PUBLIC WORKS, AND PARKS AND CREATION OF DEPARTMENT-WIDE
LABOR POOL
WHEREAS: The city's financial problems have forced the Mayor and
Administration officials, the Comptroller, and Common Councilmembers to take
bold and drastic steps to develop a workable budget for the operation of the
City of Buffalo for fiscal year 1992-93; and
WHEREAS: Several suggestions were proposed during tide budget process which
may prove to be more efficient and/or more financially feasible to the city on
a long term basis, but were not pursued because there was not sufficient time
to analyze or project their benefits; and
WHEREAS: One such suggestion coming from budget deliberations was the
possible consolidation of departments such as Street Sanitation, Public Works,
and Parks; and
WHEREAS: The consolidation of departments may decrease administrative costs,
allow for merging of similar functions such as grass cutting, and/or reduce the
number of vehicles and other equipment necessary to operate the larger
department; and
WHEREAS: Another concept proposed in budget discussions was the creation of
a labor pool by grouping city workers with the Civil Service positions of
Laborer, Laborer I, Laborer II, and Laborer II (DLY) from each of the city
departments from which personnel would be deployed to each department on a
needs basis, thereby making more efficient use of workers; and
WHEREAS: During exceptionally busy times, a department may be able to
operate temporarily with more manpower than it usually has available by drawing
from the labor pool to bolster its work force and consequently eliminate or
reduce overtime costs; and
WHEREAS: One labor pool option would simply group all Laborer positions
together with assignments to departments coming from that pool of workers;
another option would determine a base number of Laborers assigned to individual
departments with the remaining workers assigned to the labor pool for
deployment to the department which requires them most; and
WHEREAS: A committee should be established to investigate possible
consolidation, methods for creating a labor pool, and to analyze and project
the financial or efficiency benefits derived therefrom;
NOW, THEREFORE BE IT RESOLVED:
That the Commissioners of Parks, Streets and Public Works comment on the
feasibility of a labor pool; and
BE IT FURTHER RESOLVED:
That these comments be filed with the City Clerks office by 2:00 p.m. Thursday,
December 3, 1992.
ADOPTED.
No. 156
BY: MR. PERLA
ELIMINATE DEPARTMENT OF PARKS AND RECREATION
WHEREAS: The 1992-93 city budget contained many structural changes
to deal with the deficit; and
WHEREAS: There have been projections of shortfalls up to 40 million dollars
for fiscal year 93-94; and
WHEREAS: There are no City of Buffalo assets available for sale, such as the
water system, to fill a gap of this magnitude; and
WHEREAS: Structural alterations to provide services to the citizens of
Buffalo at the lowest possible costs are necessary; and
WHEREAS: The Buffalo Department of Parks and Recreation has always been a
focal point for cuts; and
WHEREAS: The manpower strength in Parks has diminished from a high of 300
employees to its present level of 90 employees; and
WHEREAS: The addition of more park space and recreational facilities over
the past decade has put a strain on the limited manpower left in the Parks
Department; and
WHEREAS: It would seem to be in the best interest of all thee citizens of
Buffalo, that the Department of Parks and Recreation be abolished and
incorporated into the Department of Public Works; NOW, THEREFORE BE IT
RESOLVED:
That this Council and the Administration work together in consolidating the
Buffalo Department of Parks and Recreation with the Department of Public Works;
and
BE IT FURTHER RESOLVED:
That the Corporation Counsel advise this Council on all Charter requirements
that must be followed to abolish the Department of Parks and combine it with
the Department of Public Works.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF PARKS AND THE CORPORATION COUNSEL.
No. 157
BY: MR. PERLA
CONVERT RAPP PARKING LOTS 400 PROSPECT/293 VERMONT TO SITES FOR
NEW HOUSES
WHEREAS: The City, through passage of Item No. 84, C.C.P. April
16, 1985, authorized acquisition of 400 Prospect and 293 Vermont Streets for
RAPP Parking; and
WHEREAS: This action authorized the condemnation of 400 Prospect and 293
Vermont for the construction and operation of public parking lots for an
important and necessary purpose; and
WHEREAS: Now the need for new housing is of paramount importance to this
neighborhood; and
WHEREAS: The development of new housing would also be an added benefit to
the City Tax roll.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council authorize transfer of 400 Prospect and 293 Vermont
Streets from the Board of Parking to the Department of Community Development;
and
BE IT FURTHER RESOLVED THAT:
The Department of Community Development be authorized to convert these RAPP
Parking lots to sites for two new houses.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE CORPORATION
COUNSEL AND THE BOARD OF PARKING.
No. 158
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
PARKS DEPARTMENT
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 the Parks Department, is hereby amended by adding thereto as
follows:
60 - DEPARTMENT OF PARKS
021 - ADMINISTRATIVE SERVICES
1 Commissioner of Parks $57,469
WE, JAMES D. GRIFFIN, Mayor of the City of Buffalo and THOMAS F. KEENAN,
Director of the Budget, recommend that the above stated position be reinstated
as set forth in the foregoing ordinance.
WE, JAMES D. GRIFFIN, Mayor and JOEL A. GIAMBRA, Comptroller, hereby certify
that the position of the City will be subserved by the addition of the position
set forth in the foregoing ordinance.
APPROVED AS TO FORM
LAURENCE K. RUBIN
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 159
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
50-0 DEPARTMENT OF HUMAN RESOURCES
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 50-0 Department of Human Resources" under the subheading
"001 - Executive-Administrative" is hereby amended by deleting therefrom:
1 Director of Support Services $32,468 - 38,089
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance Is necessary.
WE, DONALD O. ALLEN, Commissioner of Human Resources and THOMAS F. KEENAN,
Director of the Budget, hereby certify that the deletion of one (1) Director of
Support Services position is necessary for the proper conduct, administration
and performance of essential services of that department.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
RECEIVED AND FILED.
No. 160
BY: MESSRS. PITTS AND FAHEY
SET PUBLIC HEARING:
PROPOSED LEASE AGREEMENT FOR A PORTION OF OAK STREET REDEVELOPMENT PROJECT
NYR-197 DISPOSITION PARCEL 3C
WHEREAS, WNY Veterans' Housing Coalition, Inc., and LaPetite Academy
Day Care Centers, Inc., and/or other legal entity to be formed (herein referred
to as the "Redeveloper") has been duly designated as qualified and eligible
Redeveloper in accordance with the rules and procedures prescribed by the City
of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Lease Agreement for the disposition of Parcel 3C of Oak Street
Redevelopment Project NYR-197; and
WHEREAS, the terms of said Lease Agreement have been approved by the City of
Buffalo Urban Renewal Agency; and
WHEREAS, said Lease Agreement has been forwarded by the City of Buffalo Urban
Renewal Agency to this Common Council for action, pursuant to Section 507,
subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of November 1992.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
8th day of December 1992.
ADOPTED.
No. 161
BY: MESSRS. PITTS AND FAHEY
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF DOWNTOWN RENEWAL PHASE II
- SOUTH SIDE OF COURT STREET BETWEEN PEARL & FRANKLIN
WHEREAS, Court Tower Group, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
Downtown Renewal Phase II; and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of
Buffalo urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
27th day of November 1992.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
8th day of December 1992.
ADOPTED.
No. 162
BY: MESSRS. PITTS AND FAHEY
SET PUBLIC HEARING:
PROPOSED LAND DISPOSITION AGREEMENT FOR A PORTION OF DOWNTOWN RENEWAL PHASE II
-NIAGARA, W. EAGLE & PEARL STREETS
WHEREAS, Niagara Building Association Partnership, and/or other
legal entity to be formed (herein referred to as the "Redeveloper" has been
duly designated as qualified and eligible Redeveloper in accordance with the
rules and procedures prescribed by the City of Buffalo Urban Renewal Agency;
and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
Downtown Renewal Phase II; and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of
Buffalo urban Renewal Agency to this Common Council for action, pursuant to
Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
27th day of November 1992.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
8th day of December 1992.
ADOPTED.
No. 163
BY: MESSRS. PITTS AND COLLINS
REQUEST DIVISION OF WATER TO INCLUDE INNER CITY IN LEAD TESTING
WHEREAS: The Buffalo Division of Water recently completed federally
mandated testing of water from the taps of more than 100 Buffalo homes for lead
and copper levels; and
WHEREAS: The results contained good news in that less than 10% (7 of more
than 100) of the samples were above the federal action level of 15 parts per
billion, meaning that the water system as a whole met the federal standard; and
WHEREAS: In contrast, 130 systems nationally and 10 systems in New York
state failed the lead test including Syracuse, Utica, Binghamton, Elmira, Mount
Vernon and two of New York city's supply sources; and
WHEREAS: Systems in which more than 10% of samples taken exceed the action
level of 15 parts per billion must take remedial action to treat their water
and educate their consumers about lead; and
WHEREAS: While Buffalo's results are encouraging, there are flaws in the
picture which came out at a recent meeting of the joint city-county Lead Action
Task Force; and
WHEREAS: The Director of the Division of Water indicated at that meeting
that he could not produce a map showing where lead pipes are located in the
city water system; and
WHEREAS: In addition, a map of the sampling program which was produced for
the Task Force showed that of more than 100 samples taken very few were from
the East side, the area of the city with the highest rates of lead poisoning;
and
WHEREAS: When questioned on this point the Director of the Division of Water
became very defensive and childishly stormed out of the meeting, insulting all
those present;
NOW, THEREFORE BE IT RESOLVED THAT:
This common council hereby requests that the Division of Water file a map with
the council showing where any known lead pipes of all types, including
transmission lines and service lines, exist in the City of Buffalo along with a
written report detailing gaps in the city's data concerning the location of
lead lines; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the Division of Water to develop a sampling
program which includes a proportionate level of samples from the East Side of
Buffalo and the Council notes that the Lead Action Task Force has offered to
help the Division locate willing participants; and
BE IT FURTHER RESOLVED THAT:
The Division of Water is further requested to routinely file results of
drinking water tests with the Common Council; and
BE IT FINALLY RESOLVED THAT:
This Common Council urges the Director of the Division of Water to apologize to
the Lead Action Task Force for his insulting behavior and his failure to
communicate with those who have been appointed to help the City meet the
challenge of lead poisoning.
ADOPTED.
No. 164
BY: MR. ZUCHLEWSKI
REQUEST FOLLOW-UP FROM PUBLIC WORKS AND STREET SANITATION RE:
BACKYARD COMPOSTING
WHEREAS: Item # 165 C.C.P. October 13, 1992 requested the Departments
of Street Sanitation and Public Works to evaluate the feasibility of City
distribution of backyard composting units; and
WHEREAS: At the Legislation Committee meeting of October 20th Commissioner
Comerford expressed an interest in pursuing City involvement with backyard
composting;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Departments of Public Works and Street
Sanitation to draft a sample Request For Proposals for City bulk purchase of
backyard composting units; and
BE IT FURTHER RESOLVED THAT:
This Council requests the Departments of Street Sanitation and Public Works to
develop proposed budget allocations necessary to implement a backyard
composting distribution program in the Spring of 1993; and
BE IT FURTHER RESOLVED THAT:
The proposed budget include two scenarios, one where the units are sold by the
City at cost, and another where the units are discounted by the amount the City
would expect to save in solid waste disposal costs over a five year life of the
unit.
BE IT FINALLY RESOLVED THAT:
This Council requests the Department of Community Development to submit a
written report on the availability of Community Development Block Grant Funds
to pay for backyard composting units for distribution by the City.
ADOPTED.
No. 165
BY: MR. ZUCHLEWSKI
Placing Peace Officers On The Promotional Police Officer's Civil
Service List
WHEREAS: The Buffalo Municipal Housing Authority is an independent
unit of government incorporated under New York State Law in 1934; and
WHEREAS: The Buffalo Municipal Housing Authority oversees more than 7,000
rental units in over 24 developments; and
WHEREAS: Buffalo Municipal Housing Authority Peace Officers patrol all
Buffalo Housing Authority developments and are authorized to function much as
Buffalo Police Officers; and
WHEREAS: For many years, many Municipal Housing Authority Peace Officers
have moved on to become Buffalo Police Officers due in part to the experience
received as peace officers; and
WHEREAS: There is an understanding that peace officers can take the Buffalo
Police Officer's civil service examination and, if they pass, be placed on the
promotional list rather than the open-competitive list; and
NOW, THEREFORE BE IT RESOLVED:
That the Buffalo Common Council requests the Civil Service Commission to
explain why Municipal Housing Peace Officers are allowed to take the Buffalo
Police examination on a promotional basis; and
NOW, THEREFORE BE IT FURTHER RESOLVED:
This Council further requests that the Buffalo Civil Service Commission file
with the City Clerk the last three Buffalo Municipal Housing Peace Officers
Civil Service Lists, the last two Buffalo Police Officer Civil Service Lists,
including the open competitive lists, and the promotional lists for the two
titles stated above; and
BE IT FINALLY RESOLVED:
The Common Council requests the Buffalo Civil Service Commission to file their
responses with the City Clerk by December 3, 1992.
ADOPTED.
No. 166
BY: MESSRS. ZUCHLEWSKI & PERLA
RE: ORDINANCE AMENDMENT
CHAPTER 479 - TRAFFIC ORDINANCES - 30 MINUTES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (7) of Section 33 of Chapter 479 of the Traffic Ordinances of
the City of Buffalo be amended to read as follows:
(7) Coin to be deposited. It shall be unlawful to deposit or cause to be
deposited in any parking meter any slug, device or substitute for a proper coin
of the United States. [The rate shall be $.50 per 60 minutes.) The rate shall
be $.25 per 30 minutes. Each meter shall have legibly printed thereon the
amount of money to be deposited therein.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 167
BY: MESSRS. ZUCHLEWSKI & PERLA
RE: ORDINANCE AMENDMENT
CHAPTER 479 - TRAFFIC ORDINANCES - 60 MINUTES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (7) of Section 33 of Chapter 479 of the Traffic
Ordinances of the City of Buffalo be amended to read as follows:
(7) Coin to be deposited. It shall be unlawful to deposit or cause to be
deposited in any parking meter any slug, device or substitute for a proper coin
of the United States. [The rate shall be $.50 per 60 minutes.) The rate shall
be $.25 per 60 minutes. Each meter shall have legibly printed thereon the
amount of money to be deposited therein.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 168
BY: MR. ZUCHLEWSKI
CITY ACQUIRE 815 TONAWANDA
FOR PARKING
WHEREAS: The property located at 815 Tonawanda has remained vacant
for a number of years; and
WHEREAS: Through numerous attempts the owner of the property has not been
able to be contacted or located; and
WHEREAS: The lot adjacent to 815 Tonawanda is presently a RAPP lot; and
WHEREAS: The acquisition of the lot at 815 Tonawanda will provide for much
needed additional parking in the area; and
WHEREAS: It would be in the best interest of the neighborhood and the City
of Buffalo to begin condemnation of 815 Tonawanda; and
WHEREAS: Article 21, Section 371 Certification of Assessors and Resolution
of Intention, states that when it shall be intended to take by eminent domain
any land within the City of Buffalo, the Common Council shall by resolution
require the board of assessors to ascertain, certify and report to the council
the district that will be benefited thereby and assessed therefor.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body direct the Board of Assessors to file a report in
accordance with Article 21, Section 371 of the City Charter with the Council
for eminent domain acquisition of 815 Tonawanda.
PASSED.
AYES- 11 NOES- 0.
No. 169
BY: MR. ZUCHLEWSKI
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioners
of Deeds for the term ending December 31, 1994, conditional upon the persons
so appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Lisa A. Becker
Brenda Beener
Joanne M. Burdick
Elise T. Cerabone
Lodina Clyburn
Gail M. Dean
Joseph P. Dobies
Judy A. Dolce
Alexandra Ellicott
Carl S. Feinsinger
Peggy S. France
Samuel Galperin
Robert J. Gesicki
Jayne Griffin
Robert F. Haurik
Jabs T. Hemphill
Bernhard J. Huber
Eileen Katz
Tracy A. Kelly
Margaret T. Latona
Donald V. March
Mary Alice Nason
Arthur X. McCabe
Crucian S. Messina
Audrey Neubeck
Syl'via Noonan
Sanford R. Perlmuter
Jennifer L. Price
Marguerite P. Robinson
June W. Schnaufer
Dorothy Slomka
Joan E. Smith
Dolores R. Weisner
Furnette Williams
Tommy L. Williams
Sandy E. Winkowski
TOTAL: 36
ADOPTED.
No. 170
BY: MR. ZUCHLEWSKI
Appointments Ccmmissioners 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, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
David A. Franczyk Mildred M. Manuszewski
Frederick J. McCarthy Charles A. Masi
Gregory B. Olma Pamela L. Mayer
Kathleen A. Palka Dolores A. Moore
Dale L. Zuchlewski Michael R. Mulderig
Mark C. Acara Regina M. Mullen
Deborah L. Burgstahler Marcia A. Nasca
Michele Drews Phillip F. Nasca
David Frey Robert A. O'Hara
Shirley Gorski Carolyn A. Pietraszewski
Robert L. Kowalewski Lawrence F. Pignataro
Glenda Lake Thomas V. Puglisi, Sr.
Mary J. Mackey Paula J. ScanIon
Mary A. Nagel Ida F. Seager
Gerald W. Nolan Christine V. Serafin
Audrey Nuwer Jacqueline M. Skipper
Lorraine A. Osborn Nancy A. Smardz
Maria Pryndota Mary Rose Zizzo
Kathleen M. Smith June V. Barnes
Margaret A.Starzynski JosephM. Baudo, Jr.
Lorraine Wiernik Robert Cefalu
Patrick J. Williamson Laarence L. Doctor
Gail S. Chapman John C. Doyle
Jean Marie Cleggett Dennis J. Fay
Elaine Martis Arthur M. Fisher
Marcia B. Vanderlinden Jeanne A. Lina
Thomas M. Agostino Elizabeth J. Szczepanik
Salvatore A. Canazzi Joseph E. Jordan, Jr.
Kathleen Carbohn Catherine Pellicore
Ronald A. Carnevale Kevin M. Saviola
Rita Culligan Alexandra V. Schmid
Rosemary Falkiner Kathryn L. Schnell
Anthony P. Fanti Edvard Sieracki
Kathleen A. Fay James S. Williams
Karen A. Fiegel David J. Adamski
Kathleen A. Frawley Joyce C. Thrown
Robert J. Fuchs Maria D. Garozzo-Payne
Rov. John R. Gaglione Charles S. Giglia
James P. Gallagher Dsvid G Gillig
Arthur Gospodarski John A. Grieco, Jr.
Michael H. Hoffert Joseph Kescielniak
Susan A. Hughes Anthony Krayna
Ann R. Kilmurray James P. Larkin
David Krug Ann Marie R. LoFaso
Barbara J. Krzykowski Rochelle Malek
Gerald Edwin Lewandowski Sandra Marciniak
Pasquale V. LoPatriello Carl M. Nasca
Dominic N. Macri Robert J. Quinn
Rosemary Rooney
Andrew P. Satyshur
Joseph Sole
Joseph J. Tanzella
Ronald L. Wachowski
Cynthia L. Walczak
Cheryl Yeates
Peter Barone
Bridget M. Carpino
Angela J. Filippone
Thcaasina Gallo
Kathleen A. Gregoire
Pamela L. Grzebielucha
John P. Hannon, Jr.
Lawrence D. Jasinski
Robert M. McNamara
Andrew SanFilippo
Judy A. Wirnert
Evelyn J. Allen
Linda A. Benns
Pauline M. Clay
Marianne DeMarco
Carlo A. DiRienzo
Anne E. Drake
Elizabeth J. Eagen
Ronald J. Empric
Ralph C. Fagans
Rosanne Frandina
Olga I. Hernandez
Samuel F. Houston
Albert R. Howard
Linda J. Jernatcwski
Deniel E. Kreuz
Wayne D. Kwiatkowski
Frank A. Manuele
Michelle A. Mazzone
Michael MaAuinn
Debra McDonnell
Brian J. Mirand
Deborah J. Ohdrejka
Camille M. Pirrone
John Riccione
Victoria A. Sapienza
Katherine Scappechio
Sandra M. Schmelzinger
Maria Scinta
David K. Sengbusch
Christopher A. Skonecki
David A. Stebbins
Colleen M. Sullivan
Patricia Vanderwarker
Richard C. Velez
Denise E. Watson
Mable White
TOTAL150
ADOPTED.
No. 171
BY MR. ZUCHLEWSKI
Felicitations/in Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Lawrence N. Grasso
By Councilmember PerIa
ADOPTED.
No. 172
BUFFALO COMMON COUNCIL
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
REGULAR COMMITTEES
CIVIL SERVICE Tuesday, DEC 1, 1992 9:30 AM
FINANCE Tuesday, DEC 1, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, DEC 1, 1992 2:00 PM
ECONOMIC DEV Wednesday, DEC 2, 1992, 10:00 PM
No. 173
Adjournment
On a motion by Mr. Fahey, Seconded by Mrs. LoTempio the Council
adjourned at 4:05 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.
Board of Police and Fire
Pension Proceedings # 10
Mayor's Office-201 City Hall
November 19, 1992-11:00 a.m.
Present: George K. Arthur, Council President; James D. Griffin, Mayor -2
Absent: R. Michael McNamara, Deputy Comptroller -1
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of November 1992 amounting to $33,423.00, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes- 2 Noes- 0..
No. 2.
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of November 1992 amounting to $38,780.78, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes- 2 Noes- 0..
No. 3
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.