HomeMy WebLinkAbout92-1222
1No. 24
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 22, 1992
Pension Meeting, December 17, 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, Dale Zuchlewski, 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, December 22, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Collins, the minutes of the stated
meeting held on December 8, 1992, were approved
FROM THE MAYOR
No. 1
Veto Message - Compromise of Demolition Liens
178 N. Parade
Item No. 96, C.C.P., 12/8/92
I am returning herewith the above two items with my veto. Your
approvals of the settlement of the demolition liens on 178 North Parade and 136
Townsend at 80% of their face amount were based on the Comptroller's
representation that collection of the full amounts would be difficult. While
the Corporation Counsel has advised me that such settlements would be legal
based on the Comptroller's representations, I do not believe that Your
Honorable Body made its decision based upon full knowledge of the relevant
facts.
The property at 136 Townsend is owned by Mr. Anthony Bifano who resides
in Amherst. He owns four other properties in Buffalo with assessed values
totalling $662,400. The property at 178 North Parade is owned by Darlene
Hunter who also owns a number of other properties in Buffalo with assessed
values totalling $86,000.
Before we consider giving up thousands of dollars in money owed to the
City, we should look more closely into a person's ability to pay, particularly
when its a demolition lien assessed against a landlord who owns other rental
property in the City. We cannot allow landlords who allow their properties to
deteriorate to the point where they have to be demolished to use the City as a
free contractor. A full report from the Comptroller on what guidelines he uses
in reviewing collection amounts may be appropriate.
Mr. Fahey moved to Override the Mayor's Veto - Compromise of Demolition
Liens - 178 N. Parade (Item No. 96, C.C.P. December 8, 1992).
Seconded by Mr. Collins
LOST.
AYES ARTHUR, COLLINS, COPPOLA, FAHEY, LOTEMPIO, PITTS - 6.
NOES- AMOS, BAKOS, BELL, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 7.
No. 2
Veto Message - Compromise of Demolition Liens
Item No. 97, C.C.P., 12/8/92
I am returning herewith the above two items with my veto. Your
approvals of the settlement of the demolition liens on 178 North Parade and 136
Townsend at 80% of their face amount were based on the Comptroller's
representation that collection of the full amounts would be difficult. While
the Corporation Counsel has advised me that such settlements would be legal
based on the Comptroller's representations, I do not believe that Your
Honorable Body made its decision based upon full knowledge of the relevant
facts.
The property at 136 Townsend is owned by Mr. Anthony Bifano who resides
in Amherst. He owns four other properties in Buffalo with assessed values
totalling $662,400. The property at 178 North Parade is owned by Darlene
Hunter who also owns a number of other properties in Buffalo with assessed
values totalling $86,000.
Before we consider giving up thousands of dollars in money owed to the
City, we should look more closely into a person's ability to pay, particularly
when its a demolition lien assessed against a landlord who owns other rental
property in the City. We cannot allow landlords who allow their properties to
deteriorate to the point where they have to be demolished to use the City as a
free contractor. A full report from the Comptroller on what guidelines he uses
in reviewing collection amounts may be appropriate.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 3
Reconfirmation of Bart Sumbrum as
Commissioner of Street Sanitation
As our city is about to face another winter, it is my duty to
ensure that I do not allow political posturing by others to come ahead of the
safety and welfare of our residents. I am therefore asking that you reconfirm
Bart Sumbrum as Commissioner of Street Sanitation immediately.
While the Corporation Counsel has advised me that until the Common
Council adopts a city-wide plan for vacation, sick leave and leaves of absence
for exempt employees, I have the authority to grant leaves of absences to
executive branch exempt employees, the City Comptroller has taken a contrary
view and refuses to pay Bart Sumbrum if he returns from his leave without
Common Council reconfirmation.
The Common Council has indicated that if Bart were paid as Commissioner
without reconfirmation, a lawsuit would be initiated. The Corporation Counsel
has submitted this question to the State Comptroller for an advisory opinion in
the hopes of avoiding such litigation which would only waste time and
taxpayers' money.
This submission does not concede the Council and City Comptroller's
positions on this issue, and we will still press the State Comptroller for his
input, but is merely to make sure that our snow fighting capabilities are at
their peak.
If you share my concern for this city, you might consider having a
special session of the Council to reconfirm Bart Sumbrum as soon as possible.
Mr. Fahey moved to approve the above item; seconded by Mr. Bakos.
Mr. Coppola moved to amend the item and refer same to the Committee on
Legislation; seconded by Mr. Pitts.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, PITTS- 7.
NOES- BAKOS, FAHEY, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 6.
No. 4
Designation of Nominees for Appointment to the Board of Trustees of the Buffalo
and Erie County Public Library
Pursuant to Section 6212 of the Unconsolidated laws, being Chapter
768, Section 2 of the laws of 1953, transmitted herewith is a list of three (3)
nominees designated by me as eligible for appointment to the Board of Trustees
of the Buffalo and Erie County Public Library. The County Executive, subject
to confirmation by the County Legislature, will appoint one trustee from the
said three (3) nominees for a term ending December 31, 1997. The vacancy is
created by the expiration of the term of Donna M. Lyons on December 31, 1992.
Name Address
Donna M. Lyons 29 Wright Ave., Bflo. 14215
Suzanne J. Bohen 156 McKinley Pkwy., Bflo. 14220
Jay B. Duderwick 335 Weimar, Bflo. 14206
Donna M. Lyons, a housewife and mother of three, holds an A.A. degree
from Trocaire College in 1967, a B.A. degree from D'Youville in 1969 and an Ed.
M. Degree from SUNYAB in 1980. Donna Lyons is a foreign language teacher in
the Buffalo Public Schools.
Suzanne J. Bohen is a housewife and lifelong resident of Western New
York. She is a graduate of Genesee Community College, a former member of the
Commission on Human Relations, and a very active community minded volunteer
worker. Ms. Bohen is currently a Loan Specialist Aide with the Buffalo Urban
Renewal Agency.
Jay B. Duderwick is a Deputy Director in the Buffalo Urban Renewal agency
with responsibility for the planning, development, marketing and delivery of
neighborhood revitalization programs in the City of Buffalo. He attended
Midwestern University, Wichita Falls, Texas from September, 1971 to December,
1971 and the State University of New York at Buffalo from May, 1972 to May,
1975.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 5
Donations for Purchase of Operable Handguns and Rifles
In furtherance of our mutual desire to implement a gun amnesty
program, five local banks have pledged a total of $9,000 in contributions to
defray the costs of such a program. I respectfully request that your Honorable
Body accept these gifts as follows:
Fleet Bank $2,500
Marine Midland Bank $2,000
M & T Bank $2,000
Key Bank $2,000
Rochester Savings Bank $ 500
These funds will be held in a trust and agency account and be used for
purchasing operable handguns and rifles at $40 and $20 each respectively.
There would be amnesty for prosecution of any illegal possession of these
weapons so long as they had not been used in the commission of a crime.
Subject to your authorization for us to accept these and future donations, the
program guidelines would be finalized in the next 30 days.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA PITTS- 12.
NOES- ZUCHLEWSKI- 1.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 6
Request to Place a Wall and Pole Sign at 975 Abbott Road
Item No. 70, C.C.P., December 8, 1992
The City Planning Board at its regular meeting held Tuesday, December
15, 1992 considered the above request pursuant to Sections 511-28 and 387-19 of
the Buffalo Code, Regulations of the C1 zone and Review of Pole Signs.
The applicant seeks to place a 25 foot high, illuminated, pole sign
measuring 8 feet by 10 feet, or 80 square feet in area. The applicant also
seeks to place an illuminated wall sign measuring 3 feet by 27 feet, or 81
square feet in area. Both will be accessory signs.
The site is located in a C1 zone which limits accessory signs to 35
square feet in area and prohibits freestanding signs. Consequently, the
applicant is seeking relief from the Zoning Board of Appeals for the requested
signs. Under S.E.Q.R., the proposed signs are considered a Type Il action
which does not require further environmental review.
Since the area in question has other pole signs similar to the
applicant's, the Board had no objection to the proposed signs (both wall and
pole) but did feel that the pole sign should be no greater than 20 feet in
height.
The Planning Board, therefore, voted "no objection" to the proposed signs
with the condition that the pole sign not exceed 20 feet in overall height.
RECEIVED AND FILED.
No. 7
Request to Convert a Take-out Restaurant to a Sit-in Restaurant at 510 Elmwood
Ave.
Item No. 71, C.C.P., December 8, 1992
The City Planning Board at its regular meeting held Tuesday, December
15, 1992 considered the above application pursuant to Section 511-56 of the
Buffalo Code, Elmwood Business District.
The applicant seeks to convert an existing 2000+ square foot restaurant.
The 14 off-street parking spaces suggested by the code can be accommodated by
off-street parking facilities within 1000 feet of the site.
The site is located in the "EB" Elmwood Business District zone which
considers the establishment or extension of eating and drinking places to be
restricted uses requiring a restricted use permit. Under S.E.Q.R., the proposed
conversion may be considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed restaurant conversion.
RECEIVED AND FILED.
No. 8
Request to Convert 1122-1124 Elmwood (corner Forest)
To a Take-out Restaurant
Item No. 72, C.C.P., December 8, 1992
The City Planning Board at its regular meeting held Tuesday, December
15, 1992 considered the above request pursuant to Section 511-56 of the Buffalo
Code, Elmwood Business District.
The applicant seeks to convert an existing 700 square foot take-out
restaurant into a sit-in restaurant (see Item No. 102, C.C.P., November 26,
1992).
The site is located in the "EB" zone which considers the establishment or
extension of eating and drinking places to be restricted uses requiring the
approval of Your Honorable Body. The five off-street parking spaces suggested
by the code can be met by existing public parking facilities within 1000 feet
of the site. Under S.E.Q.R., the proposed restaurant conversion is considered
an unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant conversion.
RECEIVED AND FILED.
No. 9
Request to Erect an Illuminated Pole Sign at
1493-1503 William St.
Item No. 73, C.C.P., December 8, 1992
The City Planning Board at its regular meeting held Tuesday, December
15, 1992 considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to erect a 20 foot tall, illuminated, accessory pole
sign with two signs on a single pole. The uppermost sign face will measure 5
feet by 10 feet, or 50 square feet. A 3 foot by 6 foot sign (18 square feet)
will also be located on the pole. The total sign area therefore will be 68
square feet.
The site is located in an "M2" zone which permits such signage as a
matter of right. Under S.E.Q.R., the proposed sign is considered a Type II
action which does not require further environmental review.
The Planning Board voted to approve the proposed sign as presented.
RECEIVED AND FILED.
No. 10
Request To Encroach the Right-of-Way of Washington St. (southeast corner of
Carlton)
Item No. 23, C.C.P., December 8, 1992
The City Planning Board at its regular meeting held Tuesday, December
15, 1992 considered the above request pursuant to Section 413-67 of the Buffalo
Code.
The applicant seeks to encroach up to 5 feet of the right-of-way of
Washington Street with a wall, hedges, and a fence for a distance of
approximately 30 feet. The encroachment will provide a screen for a proposed
playground which will be accessory to the Home Care Support Services office
Building's day care component.
The encroachment site is located in the Oak Street Urban Renewal project
area and the proposed development and resulting encroachment has been reviewed
by the Department of Community Development. The Department of Public Works has
also reviewed the encroachment and has recommended that Your Honorable Body
grant a "mere license" for it. Under S.E.Q.R., the proposed encroachment 'nay
be considered a Type II action which does not require further environmental
review.
Given this, the City Planning Board voted to approve the proposed
encroachment as presented.
RECEIVED AND FILED.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 11
Request Free Use of Memorial Auditorium to the Ismailia Temple to Present The
"Shrine Circus" from February 18, Through and Including February 21, 1993 for 9
Performances
The Board of Stadium and Auditorium has once again received a
request from the Ismailia Temple for free use of Memorial Auditorium from
February 18, through and including Sunday, February 21, 1993 to present the
"Shrine Circus" for nine (9) performances.
The Ismailia Temple brings into Memorial Auditorium approximately 40,000
children from the Buffalo area free of charge. Generally these are children
who would not be able to afford a ticket to see the Circus. The Shrine Circus
is a charitable and non-profit organization. Many thousands of people donate
their time and efforts to this cause to raise much needed funds to support the
worthwhile efforts of the Shriner's hospitals.
Once again, the Ismailia Temple has been asked to bear the expense for
the removal and replacement of the ice surface to accommodate this event, in
the amount of $3,500.00.
The Shrine has agreed to supply the necessary certificate of insurance
and to provide necessary security and to comply with New York State Health Code
regarding emergency medical staffing.
The Board of Stadium and Auditorium recommends that your Honorable Body
approve the free use of Memorial Auditorium to the Ismailia Temple from
February 18, through and including February 21, 1993 for their presentation of
the "Shrine Circus".
Mr. Fahey moved
That the communication from the Board of Stadium and Auditorium, dated
December 10, 1992, be received and filed; and
That the Board of Stadium and Auditorium be, and it hereby is, authorized
to grant free use of Memorial Auditorium from February 18 through and including
Sunday, February 21, 1993 to Ismailia Temple to present the "Shrine Circus".
Ismailia Temple will provide for the removal and replacement of the ice surface
in the amount of $3,500.00, the necessary certificate of insurance, and provide
the necessary security and comply with the New York State Health Code regarding
emergency medical staffing.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMPTROLLER
No. 12
Certificate of Necessity
Transfer of Funds Appropriation Allotments
Common Council - Legislative
Common Council - Capital Outlays
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $7,000 be transferred and reappropriated from the Common
Council - Legislative account for Engineering and Technical Services in
Appropriation Allotments, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, December 17, 1992
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Increased Appropriation Trust & Agency Account
City Revenue - C.O.B.R.A. Administrative fee
Division of Labor Relations
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $5,000 in the estimates for the fiscal year
beginning July 1, 1992 is necessary in Appropriation Allotments - Division of
Labor Relations to meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of increased appropriation
will be met by a transfer of funds from the Trust & Agency Account -
630-065-208-00-000 to the General Fund - City Revenue account 100-063-402-30103
- C.O.B.R.A. Administrative Fee not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:
DATED: Buffalo, New York, December 16, 1992
RECEIVED AND FILED.
No. 14
Certificate of Necessity Increased Appropriation Appropriation Allotments
Reserved Fund Balance Division of Budget and Management
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $9,000 in the estimates for the fiscal year beginning July 1, 1992
is necessary in Appropriation Allotments -Division of Budget and Management to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be met from
100-890-050 -Fund Balance Reserve for Capital Budget Appropriations not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:.
Dated: Buffalo, New York, December 10, 1992
RECEIVED AND FILED.
No. 15
Certificate of Necessity
Transfer of Funds Appropriation Allotments
Exempt Items - Water
Capital Outlays - Water
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $16,125 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items , as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, December 16, 1992.
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Increased Appropriation - Appropriation Allotments
Reserve For Replacements Pilot Field
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $25,000 in the estimates for the fiscal year beginning July 1, 1992
is necessary in Appropriation Allotments -Enterprise Fund- Pilot Field to meet
a contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 420-899002-
Pilot Field
Reserve for Replacements not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:.
Dated: Buffalo, New York, December 15, 1992
RECEIVED AND FILED.
No. 17
Comptroller's Appointment
Citizens Funding Review Committee
Please be advised that I am making the following appointment to
the Citizens Funding Review Committee.
Mary Jo Hunt
6 Middlesex Road
Buffalo, New York 14216
Term Expires: 6/30/96
RECEIVED AND FILED.
No. 18
Funding for Temp. Bd. of Asses. Review Members
Item # 38 C.C.P. 12/8/92
The above item concerns a budget request from Commissioner Tanzella
for additional funds for temporary Board of Assessment Review members to
accommodate the increased work load anticipated by the Commissioner due to the
updated assessments on a City-wide basis.
This request was made by Commissioner Tanzella to the Commissioner of
Administration and Finance and to Your Honorable Body. My office does not have
the authority nor the responsibility at this stage of the budgetary process.
Therefore, the decision on providing this additional funding rests with the
Budget Director and the Common Council for approval.
RECEIVED AND FILED.
No. 19
Monthly Overtime Usage Report
I am providing your Honorable Body with the most recent monthly
overtime usage report as of 11/30/92. This report includes projections for
overtime expenditures by department based on current rates of overtime usage.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 20
Negotiate Private Sale
Portion 245 Wood (63.44' x 104.47')
The Comptroller's Office, Division of Real Estate has received
a request from Mr. Alan Kapus of 239 Wood Street, Buffalo, New York to purchase
a 63.44' x 104.47' portion of 245 Wood which is located behind his home. This
parcel is a landlocked parcel and also runs behind 243 Wood Avenue, a fenced-in
City playground and behind Mr. Kapus' home. Mr. Kapus intends to use this
property for extra yard space.
This office is requesting permission to negotiate a private sale with Mr.
Alan Kapus for the above property.
Mr. Fahey moved:
That the communication from the Comptroller dated December 8, 1992, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Alan Kapus, 239 Wood Street, Buffalo, New York for the private sale of a
portion of 245 Wood (63.44' x 104.47') and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 21
Results of Negotiations
268 Coit, W 330' N Paderewski
Vacant Lot Size: 30' x 108'
Assessed Valuation: $900
Item # 19, C.C.P. 9/15/92
In the above captioned item Your Honorable Body authorized this
office to negotiate a private sale with Ms. Joyce Johnson of 270 Coit Street,
Buffalo, New York. Ms. Johnson intends to fence in the lot and use for extra
yard space.
An independent appraisal of the property was conducted by James White,
Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the
fair market value of the vacant lot to be Eight Hundred Dollars ($800). This
represents about Twenty-Five Cents (.25) a square foot. The Division of Real
Estate has investigated the sales of similar property in the area. Sale prices
range between Seventeen Cents (.17) to Twenty-Eight Cents (.28) a square foot.
The Division of Real Estate concurs with the appraisers estimate of value.
Ms. Johnson has agreed and is prepared to pay Eight Hundred Dollars
($800) for the subject property. She has also agreed to pay for the cost of
the appraisal, transfer tax, recording fees and cost of legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
268 Coit Street to Ms. Joyce Johnson in the amount of Eight Hundred Dollars
($800). I am further recommending that Your Honorable Body authorize the Mayor
to sign the necessary documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 10, 1992, be
received and filed; and
That the offer of Ms. Joyce Johnson, 270 Coit Street, Buffalo, New York
in the sum of $800.00 (Eight Hundred Dollars) to purchase the property
described as 268 Coit 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- 13 NOES- 0.
No. 22
Results of Negotiations
402 Hickory, W 384.85' N Broadway
Vacant Lot Size: 28.75' x 138' N
Assessed Valuation:
Land: $ 900
Total: $9,000
Item # 21, C.C.P. 9/15/92
In the above captioned item Your Honorable Body authorized this
office through the Division of Real Estate to negotiate a private sale with Mr.
Frank Bryant of 739 Glenwood Avenue, Buffalo, New York. Mr. Bryant intends to
purchase the 2 1/2 story two family, renovate and use for income purposes.
An independent appraisal of the property was conducted by James White,
Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the
fair market value of the subject property to be Seventy-Five Hundred Dollars
($7,500). Sales of similar two families in the area range from Five Thousand
Dollars ($5,000) to Eight Thousand Dollars ($8,000). The Division of Real
Estate concurs with the appraisers estimate of value.
Mr. Bryant has agreed and is prepared to pay Seventy-Five Hundred Dollars
($7,500) for the subject property. He has also agreed to pay for the cost of
the appraisal, transfer tax, recording fees and cost of legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
402 Hickory Street to Mr. Frank Bryant in the amount of Seventy-Five Hundred
Dollars ($7,500). I am further recommending that the Mayor be authorized to
execute the necessary documents for the transfer of title.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Results or Negotiations
103 Louisiana, E 266.50' S South
Vacant Lot Size: 25' x 102'
Assessed Valuation: $900
Item # 22, C.C.P. 9/15/92
In the above captioned item Your Honorable Body authorized this
office to negotiate a private sale with Mr. & Mrs. Michael Golden of 101
Louisiana Street, Buffalo, New York 14204-2760. Mr. & Mrs. Golden intend to use
this vacant lot for extra yard space.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209.
He has estimated the fair market value of the property to be Seven Hundred
Dollars ($700). This represents about Twenty-Seven Cents (.27) a square foot.
The Division of Real Estate has reviewed the sales of similar property in the
area. Properties have sold between Twenty-Four Cents (.24) and Thirty-Three
Cents (.33) a square foot. The Division of Real Estate concurs with the
appraisers estimate of value.
The results of our negotiations are that Mr. & Mrs. Michael Golden have
agreed and are prepared to pay Seven Hundred Dollars ($700) for the subject
property. They have also agreed to pay for the cost of the appraisal, transfer
tax, recording fees and cost of legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
103 Louisiana Street to Mr. & Mrs. Michael Golden in the amount of Seven
Hundred Dollars ($700). 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 December 11, 1992, be
received and filed; and
That the offer of Mr. & Mrs. Michael Golden, 101 Louisiana Street,
Buffalo, New York in the sum of $700.00 (Seven Hundred Dollars) to purchase the
property described as 103 Louisiana 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- 13 NOES- 0.
No. 24
Results of Negotiations 45 Manitoba, S W Corner Scoville
Vacant Lot Size: 32.33' x 120'
Assessed Valuation: $1,800
Item # 13, C.C.P. 10/13/92
In the above referenced item Your Honorable Body authorized this
office to negotiate a private sale with Mr. Stanley Stankiewicz of 39 Manitoba
Street, Buffalo, New York. Mr. Stankiewicz is purchasing this vacant lot for
extra yard space.
An independent appraisal of the subject property was conducted by Mr.
Dennis Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York
14209. He has estimated the fair market value to be One Thousand Dollars
($1,000). This represents about Twenty-Six Cents (.26) a square foot. Sales
of similar properties in the area range from Between Twenty-Four Cents (.24) to
Thirty-Four Cents (.34) a square foot. The Division of Real Estate concurs
with the appraisers estimate of value.
The results of our negotiations are that Mr. Stankiewicz has agreed and
is prepared to pay One Thousand Dollars ($1,000) for the subject property. He
has also agreed to pay for the cost of the appraisal, transfer tax, recording
fees and cost of legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
45 Manitoba Street to Mr. Stanley Stankiewicz in the amount of One Thousand
Dollars ($1,000). I am further recommending that the Mayor be authorized to
sign the necessary documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 14, 1992, be
received and filed; and
That the offer of Mr. Stanley Stankiewicz, 39 Manitoba Street, Buffalo,
New York in the sum of $1,000.00 (One Thousand Dollars) to purchase the
property described as 45 Manitoba 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- 13 NOES- 0.
No. 25
Results of Negotiations 53-59 Seymour, SE Corner Hagerman Vacant Lot Size: 97'
x 50'
Assessed Valuation: $1,900
63-67 Seymour, S 97' E Hagerman Vacant Lot Size: 52' x 50'
Assessed Valuation: $1,000
69-75 Seymour, SW Corner Emslie
Vacant Lot Size: 115' x 50'
Assessed Valuation: $2,200
Item # 21, C.C.P. 5/26/92
In the above referenced item Your Honorable Body authorized this
Office, Division of Real Estate, to negotiate a private sale with Par Foam
Products, 239 Van Rensselaer, Buffalo, New York for the vacant property 264' x
50' known as 53 through 75 Seymour. Two conditions were placed on the sale:
1. Par Foam Products must obtain title to 16 Emslie.
2. That the acquired land will be used as parking space and additional
warehouse facilities only.
An independent appraisal of the property was conducted by Pirritano
Appraisals, 745 Center Road, West Seneca, New York 14224. They have estimated
the fair market value to be Three Thousand Three Hundred Dollars ($3,300).
This represents about Twenty-Five Cents (.25) a square foot. The Division of
Real Estate concurs with the appraisers estimate of value.
Par Foam Products has agreed and is prepared to pay Three Thousand Three
Hundred Dollars ($3,300) for the subject property. They have also agreed to pay
for the cost of the appraisal, transfer tax, recording fees and cost of legal
description.
Therefore, I am recommending that Your Honorable Body approve the sale of
53-59, 63-67 and 69-75 Seymour to Par Foam Products, with the above conditions,
in the amount of Three Thousand Three Hundred Dollars ($3,300). I am further
recommending that Your Honorable Body authorize the Mayor to sign the necessary
documents for the transfer of title and that no closing or transfer of title
take place until satisfactory proof of condition # 1 is confirmed.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 17, 1992, be
received and filed; and
That the offer of Par Foam Products, 239 Van Rensselaer, Buffalo, New
York in the sum of $3,300.00 (Three Thousand and Three Hundred Dollars) to
purchase the property described as 53-59 Seymour, 63-67 Seymour, and 69-75
Seymour, be and hereby is accepted with the following conditions:
1. That Par Foam Products must obtain title to 16 Emslie
2. That the acquired land will be used as parking
space and additional warehouse facilities only
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- 13 NOES- 0.
No. 26
Report of Audit COBRA
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of our
examination of the continuation coverage of health care benefits ("COBRA") as
administered by the Division of Labor Relations for the period of January 1,
1987 to June 30, 1992.
We found little, if any, compliance with COBRA legislation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 27
Certificate of Appointment
Appointment effective December 7, 1992 in the Department of Audit
and Control, Division of Data Processing to the position of Senior Data
Processing Equipment Operator, Provisional, at the starting salary of: $
24,213.
Darlene Folger, 1392 Sycamore Street, Buffalo 14211
Carla J. Rogers, 115 Folger, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 28
Certificate of Appointment
Appointment effective December 14, 1992 in the department of Audit
& Control, Division of Accounting, Nancy A. Schuster, 512 Downing Street
Buffalo NY 14220, to the position of Administrative Assistant Provisional at
the starting salary of $ 28,605.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 29
Certificate of Appointment
Appointment effective December 7, 1992 in the Department of Audit
and Control, Division of Audit, Susan Mascia, 1299 Kensington Ave. Buffalo, NY
14215, to the Position of Associate Auditor Provisional, at the starting salary
of $ 33,262.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 30
Ord. Amend. Ch. 216 - Fines
This is to inform Your Honorable Body that I will be available
at your request to meet with you and discuss the problems with "Fines for
Violations of Chapter 216-14."
If it is determined that the personnel and records of the Department of
Assessment can be of assistance to Your Honorable Body in this matter, then we
will cooperate fully.
RECEIVED AND FILED.
No. 31
Update List of Appraisers
Item No. 24, C.C.P. 11-24-92
This is to inform Your Honorable Body that I have reviewed the
"Update List of Appraisers" and have found the list to be helpful in
identifying qualified appraisers.
RECEIVED AND FILED.
No. 32
Declination to Appointment
to The Board of Assessment Review
This is to inform Your Honorable Body that E. Jeannette Ogden
has declined her appointment to the temporary Board of Assessment Review.
Attached find a copy of her letter of declination.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 33
Bond Cancellation; 395 Delaware Avenue
It is hereby certified that the bond described below be cancelled:
Principal: Davids DBA Dadol Catering, Inc.
Surety: Aetna Casualty and Surety
Amount: $5,000.00
Dated: October 4, 1989
Structure: Sidewalk Cafe
Location: 395 Delaware Avenue
This bond is no longer required due to the fact that the encroachment has
been removed from City right-of-way. The above captioned bond should be deemed
released and cancelled as to future liability in accordance with the provisions
of the City ordinances.
RECEIVED AND FILED.
No. 34
Extension of Time on Contract Old First Ward Community Center Republic &
Tennessee Streets
In accordance with the terms of the contract between the City
of Buffalo and the following contractors the work should have been completed by
November 15, 1992.
Due to the Mechanical Contractor defaulting on this project the other
contractors could not complete the work of this project on time. This is the
second extension of time on this project.
Burgio & Campofelice, Inc. C-91610400
Joe Carino Plumbing Co. C-91610300
CIR Electrical Const. Co. C-91610200
New York Surety Co. C-91610100
I have granted an extension of time to December 31, 1992 to the above
contractors to complete the work of their contracts.
RECEIVED AND FILED.
No. 35
Extension of Time on Contract New Athletic Field
In accordance with the terms of the contract between the City
of Buffalo and Weydman Electric C-91675600 the work should have been completed
by September 4, 1992.
Due to a delay in delivery of light poles this contractor could not complete
the work of this project on time. This is the first extension of time on this
project.
I have granted and extension of time to January 30, 1992 to Weydman Electric to
complete the work of their contract on time.
RECEIVED AND FILED.
No. 36
Monthly Report Of Licenses Issued November 1992
I am respectfully submitting the enclosed report of licenses issued
in the month of November 1992 by the Division of License.
RECEIVED AND FILED.
No. 37
Notification Serial # 8271
NTOR on Military Rd. at Grant St.
NO TURNS ON RED
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five (45) days after
the first Council meeting at which they appear on the agenda as an item
business.
That that part of the Subdivision 1 of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
TURNS PROHIBITED FACING STEADY RED SIGNAL
following:
VEHICLES ON AT INTERSECTION OF
Military Road Grant Street
RECEIVED AND FILED.
No. 38
Emergency Repairs - South Park Lift Bridge
Item No. 96, CCP 10/13/92
On October 13, 1992, CCP # 96 your Honorable Body granted permission
to perform emergency repairs to the bearings on the South Park Lift Bridge.
Due to the lead time necessary (approximately 18 weeks) to manufacture
the bearings, the Department of Public Works is soliciting informal bids for
these parts. We intend to buy these parts direct from a supplier. By
purchasing these parts direct from the supplier, this will allow the Department
to advertise for formal bids for a contractor to perform the necessary work to
install the bearings supplied to him by the City.
Funds for this project are available in Bond Fund 200-401-075 and
200-401-021.
RECEIVED AND FILED.
No. 39
Change in Contract Parapet Reconstruction
Shea's Buffalo Theater
I herewith submit to Your Honorable Body the following change
in contract for the Parapet Reconstruction, Shea's Buffalo Theatre, Buffalo,
NY, Vara Science, Inc. C-91644400:
1. Tear down parapet wall,
reconstruct using new masonry. ADD 11,295.24
Wall was found to be more seriously deteriorated than originally thought and
could not be repaired properly. Brick had to be replaced.
The foregoing change results in a net increase in the contract of Eleven
Thousand Two Hundred Ninety-five and 24/100 Dollars ($11,295.24).
Summary Original Amount of Contract $19,877.00
Amount of this change (No. 1) ADD 11,295.24
Revised Amount of Contract $31,172.24
Funds for this work are in B/F 200-402-026 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 10, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 1 to Vara Science, Inc., changes resulting in a net
increase in the amount of $11,295.24, as more fully described in the above
communication, for additional work relating to Parapet Reconstruction, Shea's
Buffalo Theatre, Buffalo, New York, Contract No. C-91644400. Funds to be
charged against the B/F 200-402-026 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 40
Change in Contract New Athletic Fields
Tifft Farms Playfield
I herewith submit to Your Honorable Body the following change
in contract for the New Athletic Fields, Tifft Farms, Buffalo, New York,
Weydman Electric, C-91675600:
1. Additional excavation and concrete
for light pole foundations. ADD $3,703.92
Poor subsurface conditions such as hard slag and excessive water necessitated
extra excavation and concrete.
The foregoing change results in a net increase in the contract of Three
Thousand Seven Hundred Three and 92/100 Dollars ($3,703.92)
Summary Original Amount of Contract $68,770.00
Amount of this change (No. 1) ADD 3,703.92
Revised Amount of Contract $72,473.92
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-083 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 10, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 1 to Weydman Electric, changes resulting in net increase
in the amount of $3,703.92, as more fully described in the above communication,
for additional work relating to New Athletic Fields, Tifft Farms, Buffalo, New
York, Contract No. C-91675600. Funds to be charged against the B/F 200-402-083
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 41
Request to Waive Parking Restrictions - NFTA Employees
Item No. 71, C.C.P. 11/24/92
In response to C.C.P. # 71 of November 24, 1992, the Department
of Public Works - Traffic Engineering Division is unaware of any construction
plans set forth by the NFTA for a new terminal located at Main Street and
Michigan Avenue.
This Department has not been contacted by, or received plans from, NFTA
Metro, and has no knowledge of the scope of work involved, nor its planned
duration. Without this information, the Traffic Engineering Division cannot
make an informed judgement regarding the current parking situation in and
around the Main/Michigan area.
Furthermore, without a set of plans, this Department has no way of
assessing what permanent effect this construction will have on parking, traffic
signal systems, street lighting, curbs, sidewalks or roadways. Therefore, until
such time as NFTA Metro has supplied the Department of Public Works with
construction plans, and has allowed a sufficient amount of time for review,
this Department will not be changing current parking regulations
in the Main Street and Michigan Avenue area.
REFERRED TO THE COMMITTEE ON FINANCE AND THE NIAGARA FRONTIER TRANSPORTATION
AUTHORITY.
No. 42
Residential Parking
Item No. 166 C.C.P. 10/13/92
This is in response to the above referenced Common Council Communication.
This communication requested the Department of Public Works study the
possibility of creating residential parking zones along the Elmwood Avenue
Strip and in the surrounding areas.
The Department of Public Works is opposed to the formation of residential
parking zones in this region, or any other region of the City. Creation of
such a zone along Elmwood, would only lead to requests from other special
interest groups (Block Clubs and the like) for the same in their areas (for
example along Hertel Avenue or Delaware Avenue). How do you provide for one
and not for another when parking concerns are of equal weight?
The logistics of "residential parking" also becomes a nightmare. How
does one know if a vehicle belongs in the zone or not? If "resident parking
stickers" are the solution, then how can we be sure they aren't duplicated
and/or sold to other individuals whose vehicles do not belong within the zone?
Also, if someone is allowed parking in one zone, would they be allowed within
other zones? If so, the original parking problem remains; if not, how do you
visit a friend's home that has some other parking zone - where do you park your
vehicle?
Then there's the question of enforcement. Is this the responsibility of
the Police Precinct in which the zone lies, or the responsibility of the
Division of Parking Enforcement? In either case, additional manpower would be
needed to even attempt to properly enforce these parking zones.
It has been the experience of my Department that a more feasible solution
to this problem is the development of an off-street parking area for
businesses. If local business owners could construct a parking lot on a
portion of property, all concerns could be satisfied. Business owners would
provide safe convenient parking for their customers, and with customers parking
in the lot, parking congestion on surrounding streets would be lessened.
In addition, my Department has been in contact with representatives of
Buffalo State College. During the course of the next year, the College plans
to improve the pedestrian and vehicular road network within the campus. These
improvements include the reconstruction of some of their parking lots, which
will provide additional parking for students. This should help alleviate the
parking congestion on streets surrounding the campus.
Therefore, the Department of Public Works deems the creation of
residential parking zones along the Elmwood Avenue Strip and surrounding area
as impractical and unnecessary.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 43
City Permit Fees 1992 Allentown Festival
Item # 126, C.C.P. June 23, 1992
In reference to Item # 3 (Revenue Generated) of the above, the
City of Buffalo received the following:
$10,750.00 from the Allentown Village Society for Exhibitors Fees at this
year's festival.
$ 525.00 for 20 individual Exhibitors at $26.25.
$ 913.50 for 29 individual Temporary Stands at $31.50.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Permits Issued/Canceled For- Church Arts/Crafts
Item # 126, C.C.P. June 23, 1992
In response to your letter to Martin Grunzweig in the Mayor's
Office dated November 18, 1992, the License Division issued Exhibitor's
Licenses 612 thru 614, 618 thru 630 and 632 thru 646 on June 5, 1992 to the
Church of the Ascension, 16 Linwood Avenue to sell Arts and Crafts on June 13
and 14, 1992 on their adjoining property.
It was brought to our attention May 5, 1992 that C.C.P. Item # 240, 35th
Annual Allentown Outdoor Art Show, sponsored by Councilmember PerIa passed
unanimously and invoked Chapter 431 - Article V, Section 36 giving control of
Allentown Exhibits to the Allentown Village Society. Subsequently the licenses
for Exhibitors issued to the Church of the Ascension were revoked.
On June 9, 1992, License Inspector James Gallagher received a phone call
from Bob Redd of the Church of the Ascension asking why their licenses were
revoked and was told they would need the approval of the Allentown Village
Society.
Mr. Gallagher contacted Gene Daniels of the Village Society and asked
that the Church of the Ascension be allowed to run their Arts and Crafts Show
on their adjoining property at Linwood and Franklin as it was far removed from
the Allentown Art Festival show area and wouldn't have any impact on the Art
Festival.
Mr. Gallagher was told by Mr. Daniels that permission would have to come
from Sean Hill, President of the Allentown Village Society.
When Mr. Gallagher contacted Mr. Hill and asked for permission, his
request was refused.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Certificate of Appointment
Appointment effective December 11, 1992 in the Department of Public
Works, Division of Engineering, Donald Zelakiewicz, 4 Duluth Ave. Buffalo, NY
14216, to the position of SPRINT TFC Signal Systems, Provisional at the
starting salary of $31,461.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 46
Certificate of Appointment
Appointment effective December 14, 1992 in the Department of Public
Works Division of Buildings, Burke M. Glaser, 153 Aldrich Place Buffalo 14220,
to the Position of Senior Engineer (Structural) Provisional at the starting
salary of $ 38,089.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 47
Request to Trade-In Automotive
Diagnostic Test Tool # 2000E
We would like to trade-in our automotive diagnostic test tool
# 2000E, purchased in 1988 (city I.D. # 28946) towards the purchase of a new,
updated diagnostic monitor 4000E.
The cost of the new unit is $598.47 with trade-in ($899.95 without
trade.) The trade-in cost also includes the 1992 software diagnostic cartridge
for Ford, GM and Chrysler valued at $328.97.
We have the following bids:
Frey the Wheelman $598.47
Lakeland Supply $598.47
Kenwood Auto $839.97
Hutchinson (Bid lesser model)
Mac Tools No bid
We are respectfully asking Your Honorable Body to approve of this
trade-in and purchase.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Reduction or Retention
Citywide Playground Renovation Phase 3
We are requesting that your Honorable Body approve a reduction
in retention for the above job. The Contractor, Gleason's Nursery, has
completed the cork on the job with the exception of some lawn and fence
restoration at Schiller Park. The advent or Winter weather has prevented this
work from being completed until Spring 1993.
I recommend Your Honorable Body approve a reduction or the 10% retention,
$11,580.40, to $2,000 which will cover the work to be completed.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 49
Fully Executed Aid To Law Enforcement Grant Program Renewal Contract
Item # 96 C.C.P. 11/24/92
Please be advised that the Aid To Law Enforcement Grant Program
Renewal Contract between the New York State Division of Criminal Justice
Services and the City of Buffalo for the project period April 1, 1992 through
March 31, 1993, has been fully executed in the amount of $686,420.00.
A copy of this contract is on file in the Department of Administration and
Finance (Budget), the Division of Audit and in the Division of Administration
and Communications (Buffalo Police Department).
RECEIVED AND FILED.
No. 50
Permission for Mayor To Execute the 1992-1993 Drug Interdiction/Points of Entry
Program with DCJS and the NFTA (Police Department) as Sub-Grantee
Item # 98, C.C.P. 11/24/92
Our Department is respectfully requesting authorization for the
Mayor to execute the attached proposed Anti-Drug Abuse Act, Drug
interdiction/Points of Entry Agreement between the City of Buffalo, with the
NFTA (Police Department) as sub-grantee, and the New York State Division of
Criminal Justice Services for the period 09-01-92 through 08-31-93.
Under this Agreement, the State will provide $75,000.00 to the NFTA
(Police Department) through a subcontract with the City of Buffalo. Federal
statutes and regulations prohibit the direct transfer of grant monies to any
agency that is not a "taxing entity." Inasmuch as the NFTA is a non-taxing
entity, the Department of Criminal Justice Services requested that the City of
Buffalo act as a conduit agency to receive funds earmarked for the NFTA (Police
Department). In turn, the City will make a payment directly to the NFTA
(Police Department) through entry into a sub-contract with the NFTA enabling
the transfer of funds.
The enclosed contract is a companion to an earlier, approved contract by
your honorable body on November 24, 1992. The enclosed contract and the
earlier approved contract fulfill a requirement of the State inasmuch that this
is a joint venture between four (4) other participating agencies, two (2) of
which are the NFTA (Police Department) and the City of Buffalo Police
Department.
I am respectfully requesting that this item be submitted to the Council
for their approval. If anyone desires further information, they may contact
Captain George Loncar, Administration and Communications Division, at 851-4451.
R. Peter Morrow, III Deputy Corporation Counsel has reviewed this document and
has found it acceptable as to form.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 51
Direct Housing Fines to I.C.R.
Item # 130, C.C.P. 11/10/92
Upon review of Richard Planavsky's response to Item # 130, C.C.P.
November 10, 1992, it appears that housing court fines are included as
estimated revenue in the general fund. Please advise if further comment is
necessary.
RECEIVED AND FILED.
No. 52
Convert RAPP Lots For Housing
Item No. 157, C.C.P., 11/24/92
You have requested that the Law Department comment on the proposed
conversion of RAPP lots at 400 Prospect and 293 Vermont from parking to
housing.
This department has no legal objection to the proposal.
RECEIVED AND FILED.
No. 53
Change Use Of 65 Anderson Place
Item No. 146, C.C.P., 12/8/92
The above item was referred to the Committee on Finance, the Department
of Assessment and to this office.
The item is a Resolution requesting that multiple dwelling records of the
Department of Inspect ions and Community Revitalization be amended to reflect a
change of use at 65 Anderson Place without payment of the normal fee for such
change.
It appears that the present owners purchased the property as a
single-family home in 1987. It appears further that neither the seller nor the
realtor advised them of the prior use and registration of the property as a
multiple dwelling, or the failure of some previous owner to register the
apparent change of use and pay the required fee.
Unfortunately for the present owners, it is our opinion that on the facts
known to us, there is no legal or equitable reason for waiver of the required
fee.
Any representations that were or may have been made, or not made, by the
seller or the realtor, or perceptions of the purchasers, with respect to the
property do not vitiate the requirement of proper registration and that the fee
be paid therefor.
The fact that the property use is being "reduced" does not alter our
opinion. We understand that "reductions" in use are quite routine and that no
exception is to be authorized in the fee schedule for reduced uses.
In conclusion, while we can empathize with the situation, we can see no
legal or equitable reason for waiver of the required fee.
RECEIVED AND FILED.
No. 54
Tax Status-1235 Hertel Avenue
Item No. 14, C.C.P., 11/10/92
Real property tax assessment and exemption procedures are controlled
by the Real Property Tax Law. The Common Council is without authority to grant
tax exemptions. The Commissioner of Assessment may correct errors in the rolls
if he determines that such errors have occurred.
If the Commissioner, therefore, finds that the denial of tax-exempt
status of 1235 Hertel Avenue for 1991-92 was an error, he has the authority to
correct this error. The filing of a correcting deed by the owners together
with affidavits showing that the failure to identify the owners as trustees for
the Church was an error might provide a basis for the Commissioner to take
another look at a possible exemption for the year in question. This department
is, of course, prepared to work closely with the Commissioner in this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Legality of TCI Billing Procedure
As requested by the CATV Committee at the public hearing on November
19, 1992, the Corporation Counsel hereby provides an opinion on whether the
billing procedure of Tele-Communications, Inc. ("TCI") is usurious or
otherwise violates applicable law. This opinion is limited to TCI's practice of
instituting a late fee if payment is not received within 45 days from the date
a bill is mailed to a TCI customer.
Under New York law, actionable usury, or the defense of usury, consists
of the following elements: (1) a loan or forbearance of money; (2) an
understanding that the principal shall be repayable absolutely; (3) the
exaction of a greater profit than is allowed by statute; and (4) an intention
to violate the usury statutes. Focusing on the first element, since TCI
neither provides a loan nor forbearance of money to its customers, it is
questionable whether a usury situation exists. See In re K-Rom Const. Corp..
46 B.R. 745 (SDNY 1985) (holding, indebtedness under construction contract that
represented contract price for work, labor and services, was neither loan nor
forbearance of money for the defense of usury). Moreover, even with the
existence of a money loan, the imposition of a late charge for failure to make
a timely payment does not render the underlying obligation usurious if such
charges are authorized by statute. See, e.g. Koibong Li v. Astoria Federal
Sav. & Loan Assoc., 81 A.D. 2d 857 (2nd Dept. 1981) (holding, a bank's
imposition of a late charge for failure to timely make a monthly mortgage
payment was not usurious where such charge was authorized by statute). In this
regard, the regulations of the New York State Commission on Cable Television
state that, "[i]f a late charge is to be imposed, it shall not be imposed
sooner than forty-five (45) days after the mailing of the bill to the
subscriber..." N.Y. Comp. Codes R. & Regs. tit. 9 Part 590.63
In sum, usury laws are, in all likelihood, not applicable to TCI's
practice of instituting a late fee if payment is not received within 45 days
from the date a bill is mailed. Moreover, this practice is permitted by
applicable New York State regulations.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
FROM THE COMMISSIONER OF STREETS
No. 56
Certificate of Appointment
Appointment effective December 7, 1992 in the Department of Street
Sanitation, John J. Rigby, 23 Payne Street Buffalo, New York 14220 to the
position of Equipment Operator, Permanent at the starting salary of $22,208.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 57
Certificate of Appointment
Appointment effective December 7, 1992 in the in the Department
of Street Sanitation, Edgar H. Merville, 125 Playter Avenue, Buffalo, New York
14212, to the Position of Heavy Equipment Operator, Permanent, at the starting
salary of $ 24,536.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 58
Memorandum of Agreement Between The City of Buffalo and Local 264, AFSCME,
AFL-CIO
July 1, 1991 Through June 30, 1995
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 264, AFSCME, AFL-CIO, for the contract period July 1, 1991
through June 30, 1995.
This Agreement is applicable to approximately 755 employees, and provides
no salary increase for the fiscal years 91-92 and 92-93, a 4% salary increase
for the fiscal year 93-94, and a 5% salary increase for the fiscal year 94-95.
In addition, this Agreement provides a wage-reopener for the fiscal year 92-93
if the City agrees in the future to a wage increase for any other non-uniformed
bargaining units for this period. Modifications to the following benefits are
made: longevity, auto allowance, medical insurance, parking, shoe allowance and
tool allowance. There is new contractual language concerning the requirement of
a doctor's certificate for sick leave absences, the establishment of a sick
leave bank, a modification of the grievance procedure and the establishment of
a procedural agreement for lay-offs.
Your approval of this Memorandum of Agreement is respectfully requested.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMPTROLLER.
No. 59
PBA Memorandum of Agreement - Assistant Chiefs of Detectives
Attached is a Memorandum of Settlement between the Police Commissioner
and the PBA regarding compensation for Police Lieutenants assigned to work at
the Detective Division Shift Office. This memorandum is subject to Your
Honorable Body's approval.
The agreement calls for compensating Police Lieutenants permanently
assigned to work at the Detective Division Shift Office at the rate of pay of
the title of Assistant Chief of Detectives for working and non-working
situations (vacation, sick leave, etc.). This results in Acting Time costs
equivalent to the cost of restoring full time Assistant Chief of Detectives.
To comply with this agreement, I am recommending a salary ordinance
amendment be approved which would add 4 Assistant Chief of Detective positions
and delete the same number of Police Lieutenants.
The cost of this agreement is estimated at $1,600 per year. This is the
difference in pay between the Lieutenants and the Assistant Chief of Detectives
for the average non-working time in a year.
The Lieutenants assigned to the Detective Division Shift Office are
already paid the difference in salary for the time they actually work.
I recommend approval of the Memorandum of Settlement and the Salary
Ordinance Amendment.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE.
No. 60
Request LL Minimum Manpower - Police
Item # 142, C.C.P. 12/8/92
This is in response to the above-mentioned resolution which would
mandate the City to employ a minimum of 1,025 sworn officers in the Police
Department. First, the table below, showing the Mayor's recommended budget,
the Council's adopted budget and the total Police Department expenditures for
the past 5 fiscal years, demonstrates that there have not been budget surpluses
due to vacancies in the Police Department. Second, it shows that the Council
has, for 4 of the 5 years, budgeted less for the Police Department than the
Mayor recommended.
Mayor's Council Total Percent of
Year Recommended Adopted Expended Appropriation
1987-88 36,733,015 36,104,300 (1) 35,432,589 98.1%
1988-89 39,518,179 39,375,306 38,534,646 97.9%
1989-90 42,535,700 42,218,509 43,835,900 103.8%
1990-91 46,090,990 45,915,233 46,981,049 102.3%
1991-92 43,979,436 44,134,736 (2) 49,871,938 113.0%
Total $208,857,320 $207,748,084 $214,656,122 103.3%
(1) Includes 1% attrition savings of $262,164 shown in general charges rather
than Police Department budget.
(2) Mayor and Council budgets include increased appropriation of $175,970 done
when the State increased aid after the adoption of the budget.
Furthermore, in light of the recommendations by the International
Association of Chiefs of Police (IACP) and the study about to be completed by
the Buffalo Financial Plan Commission (BFPC), I believe that it would be unwise
to tie our hands in regard to the flexibility of Police staffing. In 1990 the
IACP recommended a sworn strength of 875, which is 150 fewer sworn officers
than this resolution would mandate. The IACP recommended level is also 88
fewer than the 963 sworn positions included in the current budget and 142 fewer
than the 1,017 positions filled at the time of the report. (The analysis
presented in this resolution omitted 21 sworn positions that are in the current
budget and 20 that were in the 1989-90 budget, including those of Police
Photographer (3), Polygraph Examiner (1), Director of Police Training (1) and
Assistant Police Dispatcher (15 in 1989-90 and 16 in 1992-93).) The IACP also
recommended that 51 civilian positions be added with the gradual phase-out of
the use of Police Officers or other sworn personnel for performing duties which
could readily be performed by civilians.
The Police Subteam of the BFPC has suggested the re-deployment of some
officers and the civilianization of some functions, which are now being
performed by sworn personnel, to maximize the number of officers on the street.
There is a discrepancy in the second table in the resolution which
compares the numbers of officers assigned to patrol in the two years. Due to
the reorganization of the Police Department budget functions, some assignments
which were formerly budgeted under patrol are now budgeted under separate
functions. In order to properly compare the two years (since historical
information of personnel assignments is not readily available), the table below
includes in 1992-93 the personnel from the following units that were under
patrol in 1989-90: Tactical Task Force Bureau (36 P.O.'s, 5 Lts., 1 Cpt.),
Police Community Services (10 P.O.'s, 1 Lt.), Cellblock 15 P.O.'s), and some
other administrative positions and details (6 P.O.'s, 4 Lts. and 1 Cpt.). Also
4 Inspectors assigned to patrol in 1989-90 were then shown under
administration. The result is that the difference is 118 fewer patrol
assignments in 1992-93 than in 1989-90, not 193 as shown in the resolution.
FY 1989-90 FY 1992-93
POSITION NUMBER NUMBER DIFFERENCE
Police Officer 710 601 -109
Lieutenant 82 77 - 5
Inspector 4 4 0
Captain 22 18 -4
Total 818 700 -118
Eliminating minimum manning in precincts and allowing the Police
Commissioner to determine the number of precincts needed would result in a more
efficient use of existing Police personnel. The department needs more
flexibility in determining its staffing strategy rather than less as proposed
in this resolution.
It is also important to note that, compared to other cities of similar
population, Buffalo ranks very high in sworn police personnel per 10,000
population and per square mile. See the attached table.
In summary, I would recommend the Council not adopt a Local Law that
would mandate an increase of 62 sworn personnel in the Police Department.
Rather, I would recommend we first attempt to implement some of the IACP
recommendations and/or future BFPC recommendations to increase the efficiency
of existing personnel. I also feel that Your Honorable Body and the Mayor
should be allowed to decide, through the budget process, to increase or
decrease staff in any year rather than be bound by a mandated minimum.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 61
Hire 80 Police Officers - Early Retirement Savings
Item # 149, C.C.P. 12/8/92
This is in reference to the above-mentioned resolution, "Hire
80 Police Officers with Savings from Early Retirement Incentive and Vacancy
Control."
The resolution mentions a potential savings of $4 million from the early
retirement incentive and vacancy control programs and assumes that all of the
savings would be available for use in the Police Department. The Budget
Director informs me the $4 million estimate is much higher than the amount that
realistically could be saved. Maximum savings would be made by not replacing
any of the non-uniformed retirees, including white and blue-collar and building
inspector employees. This would seriously hinder other city departments, such
as Streets Sanitation, Inspections and Recreation.
The budget report presented to Your Honorable Body in October, for the
first quarter of 1992-93 projected a current year deficit. The budget office
has estimated that replacing less than 90% of the retirees could result in
savings that would help close the current year's projected deficit. To use all
of these funds to hire additional Police Officers would not only prevent other
departments from replacing their retired personnel but would prevent the City
from reducing its projected budget deficit.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 62
Residential Parking
Item # 166 C.C.P., October 13, 1992
The above resolution was referred to this office to study the
possibility of establishing a residential parking zone along the Elmwood Avenue
Strip and the surrounding areas.
The Division of Parking Enforcement is opposed to the creation of a parking
permit district. Preferential parking will set a precedent for requests from
other areas. Proliferation of such permits throughout the City could
complicate greatly the uniform enforcement of parking regulations.
We also foresee problems similar to the difficulties we experience with
handicapped permits that are stolen and utilized unlawfully. Family members,
associates and others may misuse the permit by allowing someone, other than the
person who is authorized, to use the permit.
Other concerns that must be addressed are determining the number of permits per
family, (if a household has multiple vehicles) and the ability of persons with
driveways to obtain such permits.
Of course, as you are aware, the Department of Public Works is the city
department responsible to determine the feasibility of establishing a
residential parking zone.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 63
Certificate of Appointment
Appointment effective December 11, 1992 in the Department of Human
Resources, Division of Substance Abuse Services, Jacqueline Ostanski, 80
Hazelwood, Buffalo 14215 to the position of Counselor II at the starting salary
of $ 22,237.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 64
Certificate of Appointment
Appointment effective December 11, 1992 in the Department of Human
Resources, Division of Substance Abuse Services, Kelli A. Blakeley, 577 Doat
St., Buffalo 14211 to the position of Counselor III, Permanent at the starting
salary of $ 22,798.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 65
Certificate of Appointment
Appointment effective December 11, 1992 in the Department of Human
Resources, Division of Substance Abuse Services, Edwin Hernandez, 20 South St.,
Buffalo, 14204 to the Position of Counselor III, Permanent at the starting
salary of $22,798.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 66
Certificate of Appointment
Appointment effective December 11, 1992 in the Department of Human
Resources, Division of Substance Abuse Services Kathleen Cunningham-Isch, 317
Woodside Ave., Buffalo 14220 to the Position of Counselor III, Permanent, at
the starting salary of $24,252.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 67
CNG Conversion
Item # 142 C.C.P. November 24, 1992
Contracts for the City participation of CNG vehicle conversion
have been signed and forwarded to E. A. Engineering, consultant designated by
the New York State Research and Development Authority.
The City will convert twenty-five (25) vehicles. We will commence
conversion when the State determines which local mechanical operations will be
authorized to convert vehicles under this program. The City will start
converting immediately upon notification.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CIVIL SERVICE COMMISSION
No. 68
Placing Peace Officers on the Promotional Police Officer's Civil Service List
Res. # 165, CCP 11/24/92
On November 25, 1992 you corresponded with this Commission inquiring
as to why Housing Security Officers, Buffalo Municipal Housing Authority, are
allowed to participate in the examination for Police Officer on a promotional
basis.
When the Civil Service Commission develops specifications for positions they
review titles and specifications in the competitive service to determine if any
positions should be included in the promotional qualifications. Since the
positions of Housing Security Officer in the Buffalo Municipal Housing
Authority is in the area of law enforcement, the Commission believes it is
appropriate for incumbents in said position to be allowed to participate in the
examination for Police Officer on a promotional basis.
Per your request, attached herewith please find a copy of last three eligible
lists for Housing Security Officer: 2/1/89, 1/5/83 and 1/2/74 (Security Guard);
the last two eligible lists for Police Officer (open competitive) and the last
promotional eligible list for Police Officer (7/29/92). The examination for
Police Officer was not held on a promotional basis in 1989.
I trust this satisfies your inquiry. If you have any questions in this regard,
please contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 69
Strict School Code of Behavior
Res. No. 154, 11/24/92
I appreciate the interest you have expressed in school safety
with Resolution No. 154.
You should be aware of the New York State Education Law and in
Commissioner's Regulations:
1. There is no provision for expulsion of pupils that would exclude them
from school attendance;
2. The exclusion from regular day school by suspension is rarely
authorized by law; school age children have a right to attend school;
3. "Zero Tolerance" conditions rarely exist even in felony criminal
codes, I don't understand how, under such policies, "an obvious pattern of
disciplinary problems" can be developed;
4. The disciplinary code of conduct for Buffalo schools was recently
revised and is now fully in concert with the Commission Regulations and
Education Law;
5. Enclosed is a copy of the School District's Discipline Code. If you
have a specific suggestion for its revision, please send it to me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 70
RFP's - Manpower Utilization
Fire Department
Attached herewith are the RFP's received by Council Staff to Conduct
an Administrative Cost and Manpower Utilization Study of the Buffalo Fire
Department. The Companies responding are:
Carroll Buracker & Associates, Inc.
Harrisonburg, Va.
Ernst & Young
Toronto, Canada
Public Management Group
Herndon, Va.
TriData Corporation
Arlington, Va.
The above copies were filed in my office on December 17, 1992. Additional
copies are available in the Council Staff Office, 1415 City Hall.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND LOCAL 282.
No. 71
Report of the Hazardous Waste Task Force
Attached hereto is the Report of the Common Council Hazardous
Waste Task Force, dated December 11, 1992, and filed in my office on December
17, 1992. Additional copies of the report are available in the office of
Council Staff, 1415 City Hall
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 72
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Human Resources Department- Henry Pirowski
RECEIVED AND FILED.
No. 73
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:
Comptroller- Darlene Folger, Carla Rogers,
Inspections and Community Revitalization- Pamela Mix-Rush
RECEIVED AND FILED.
No. 74
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:
Board of Stadium and Auditorium
City Planning Board
Civil Service Commission
Youth Board
RECEIVED AND FILED.
No. 75
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 AUDIT AND CONTROL
Appointment effective December 4, 1992 in the Department of Audit
& Control, Division of Accounting, Kathleen E. Seeger, 49 Ferguson Street,
Buffalo, NY 14213 to the position of Junior Accountant - Typist, Temporary at
the starting salary of $ 21,226.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective December 9, 1992 in the Department of Public
Works, Division of Engineering, Gerald Martorana 801 Prospect Ave., Buffalo, NY
14213, to the position of Laborer I, Seasonal at the starting salary of $ 5.98
hr.
Appointment effective December 10, 1992 in the Department of Public Works,
Division of Water, Michael D. Schiavone 136 Vermont Avenue, Buffalo, New York
14213, to the position of Water Service Worker, Seasonal at the starting salary
of $ 6.02/hr.
FROM THE DEPARTMENT OF PARKS
Appointment effective December 9, 1992 in the Department of Parks
Division of Recreation, Kevin Hayes, 795 McKinley Pkwy., Buffalo 14220, to the
position of Rink Attendant, Seasonal at the starting salary of $4.50/hr.
Appointment effective December 15, 1992 in the Department of Parks, Division of
Recreation, James J. Wojcik Jr., 152 East Street, Buffalo 14207 to the position
of Fee Collector, Seasonal at the starting salary of $4.75/hr.
Appointment effective December 9, 1992 in the Department of Parks, to the
position of Laborer II, Seasonal at the starting salary of $ 6.65/hr.
David Norris, 52 Euclid Pl., Buffalo 14210
Darin Schwertfeger, 91 Ashley St., Buffalo 14212
Appointment effective December 12, 1992 in the Department of Parks, Division of
Recreation, Joan Disbrow, 171 Villa Ave., Buffalo 14216 to the Position of
Special Service Instructor III ,Seasonal at the starting salary of $ 15.75/hr.
FROM THE DEPARTMENT OF POLICE
Appointment effective December 9, 1992 in the Department of Police,
Cynthia Vradenburg, 126 Smith St., Buffalo, NY 14210 to the position of
Crossing Guard TSAR, Seasonal at the starting salary of $ 5.49/hr.
Appointment effective December 7, 1992 in the Department of Police, James J.
Shaw, 192 Southside Pkwy., Buffalo, NY 14220 to the position of Head Janitor,
Provisional at the starting salary of $ 18,930.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective December 21, 1992 in the Department of Human
Resources, Division of Youth to the position of Attendant, Temporary at the
starting salary of $ 4.25/hr.
Melanie A. Parker, 754 Smith, Buffalo 14206
Michael Drewinak, 18 Morris, Buffalo 14214
Mary L. Geraci, 29 Elam, Buffalo 14214
Ida Hall, 196 Crescent, Buffalo 14214
Robert Lodinsky, 15 Orchard, Buffalo 14214
John P. Armento, 56 Winston, Buffalo 14216
Thomas J. Armento, 56 Winston, Buffalo 14216
Rose C. Aquilina, 145 Dorchester, Buffalo 14213
Helen Sciolino, 30 Tremont, Buffalo 14213
Marketa Blackwell, 394 Olympic , Buffalo 14215
Demetrius Perez, 212 Loring, Buffalo 14214
Alice D. Williams, 159 Durham, Buffalo 14215
Pamela Williams, 26 Proctor, Buffalo 14215
Camille Cammarata, 163 Tacoma, Buffalo 14216
David T. Celano, 1173 Hertel, Buffalo 14214
Donna Haeick, 46 Bernard, Buffalo 14216
JoAnne Syracuse, 88 Wellington, Buffalo 14216
Prospero Tabone, 55 Commonwealth, Buffalo 14216
Kenneth Bachmann, Jr., 24 Bridgeman, Buffalo 14207
Andrew J. Kiener, 14 Bridgeman, Buffalo 14207
Dwayne Ferguson, 135 Butler, Buffalo 14208
Khareen J. Rice, 182 Wohlers, Buffalo 14208
Benjamin H. Smith, 501 Delaware Apt 501A, Buffalo 14202
David M. Taylor, 19 Durham Ct., Buffalo 14204
Daniel Edwards, 124 Wecker, Buffalo 14215
Margaret H. English, 38 Devon Green Ct., Buffalo 14204
Isaac Johnson, 55 Hamlin, Buffalo 14208
Cathleen T. Lasky, 91 Eaglewood, Buffalo 14220
Joseph M. Ruminski, 32 Marion, Buffalo 14207
Beverly J. Semenow, 2004 Bailey, Buffalo 14211
Harriette Gray, 88 Debra Ln., Buffalo 14207
Christopher Lasky, 91 Eaglewood, Buffalo 14220
Mary C. Amoroso, 39 Bremen, Buffalo 14213
Anthony S. Butera, 365 Rhode Island, Buffalo 14213
Marie C. Celeste, 816 Richmond, Buffalo 14222
Rhonda M. Celeste, 816 Richmond, Buffalo 14222
Mary L. Howell, 378 Plymouth, Buffalo 14213
Josette LaBruna, 43 Bremen, Buffalo 14213
Jean C. Panzarella, 24 15th St., Buffalo 14213
Robert D. Licata, 288 Baynes, Buffalo 14213
Jeffrey J. Mathewson, 454 Breckenridge, Buffalo 14213
Kristian L. Mathewson, 454 Breckenridge, Buffalo 14213
Ann Marie G. Nicometi, 89 Hoyt, Buffalo 14213
Thomas L. Ciocca, 107 18th St., Buffalo 14213
Ina D. Chapman, 107 Marigold, Buffalo 14215
Donyale K. Bell, 44 Amsterdam, Buffalo 14215
Todd D. Simmons, 47 Butler, Buffalo 14208
Michael Blake, 77 Spaulding, Buffalo 14220
Kelley M. Curran, 56 Crystal, Buffalo 14220
Caroline Kozakiewicz, 262 Eden, Buffalo 14220
Dawn M. Kurcz, 56 Sirrett, Buffalo 14220
Thomas P. McCarthy, 83 Ramona, Buffalo 14220
Christopher Whelan, 162 Mariemont, Buffalo 14220
Dennis Brown, 94 Coit, Buffalo 14206
Daniel S. Mercado, 40 Coit, Buffalo 14206
Appointment effective December 21, 1992 in the Department of Human Resources,
Division of Youth to the position of Supervisor, Temporary at the starting
salary of $ 5.00/hr.
Shirley Amos-James, 546 Suffolk, Buffalo 14215
Irma Cole, 201 E. Amherst, Buffalo 14214
Michael Hughes, 30 Whitfield, Buffalo 14220
Dwayne K. Knight, 546 Northampton, Buffalo 14208
Peter J. Piccillo, 707 Parkside, Buffalo 14216
David Shamrock, 86 Commonwealth, Buffalo 14216
Carmela Trippi, 26 Woodette, Buffalo 14207
Cliffie M. Turner, 116 Maple Ridge, Buffalo 14215
Vera M. Foster, 804 Humboldt, Buffalo 14211
Melissa Nicpon, 753 Smith, Buffalo 14206
LeMar Robinson, 17 Hamlin, Buffalo 14208
Joseph LaBruna, 43 Bremen, Buffalo 14213
Jean T. Panzarella, 24 1 15th St., Buffalo 14213
Appointment effective December 21, 1992 in the Department of Human Resources,
Division of Youth to the Position of Lifeguard, Temporary at the starting
salary of $ 5.00/hr.
Aleece J. Burdine, 1442 Jefferson, Buffalo 14208
Jeffrey D. Dziedzic, 16 Glenn, Buffalo 14206
Appointment effective December 7, 1992 in the Department of Human Resources,
Division of Youth, James J. Becker, 208 Hazelwood Avenue, Buffalo 14215 to the
position of Community Field Worker, Temporary, at the starting salary of
$6.30/hr.
Appointment effective December 14, 1992 in the Department of Human Resources,
Division of Substance Abuse Services, Sylvia G. Whittaker, 315 Davidson Ave.,
Buffalo 14215 to the position of Case Manager, Temporary at the starting salary
of $ 20,745.00
Appointment effective December 10, 1992 in the Department of Human Resources,
Division of Substance Abuse services, Henry G. Pirowski, 172 14th St., Buffalo
14213 to the Position of Counselor III, Permanent at the starting salary of $
21,345.00
Appointment effective December 14, 1992 in the Department of Human Resources,
Division of Substance Abuse Services, Kelly Buczkowski, 198 Eden St., Buffalo
14220 to the position of Substance Abuse Specialist, Provisional at the
starting salary of $ 21,345.00.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective December 14, 1992 in the Department of General
Services, Division of Inventory & Stores , Dennis Vitale 143 Saranac Ave.,
Buffalo, 14216 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. 76
RONALD D. BERNYS
Rezoning Notice Filed With County Clerk
Please be advised that a copy of the rezoning of 361 Dingens St.
as special development plan has been filed with the County Clerk's Office on
December 11, 1992.
RECEIVED AND FILED.
No. 77
BUFFALO CABLE ACCESS MEDIA
First Quarter Financial Report
Enclosed is Buffalo Cable Access Media (BCAM), 1st quarter financial
report for fiscal year 92 - 93. The report represents the period beginning
July 1, and ending September 30, 1992.
In accordance to our contract with the City of Buffalo, we are required
to file reports with the City, via the City Clerk's Office quarterly.
I am not aware of what the next step is, but I'm sure you will advise me.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 78
BEDC
Neighborhood Commercial Land Bank Program
Item No. 42, C.C.P. 10/27/92
A current list of Neighborhood Commercial Land Bank properties
is attached to this communication.
Since the program started, the BEDC has sold the following properties:
1. 356-58 Broadway $4,250.00
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 79
FEDCO AUTOMOTIVE
Easement-Tank- 57 Tonawanda
I am currently acting as the Architect for Fedco Automotive Components
Corporation at 57 Tonawanda Street in Buffalo.
Fedco is a successful and growing automotive components manufacturer. They are
currently in the midst of a 2.5 million dollar expansion which is expected to
generate 50 new jobs in the City of Buffalo.
Among the several projects included in Fedco's expansion is the addition of a
Nitrogen Supply System. The system will basically consist of a vertical
storage tank and a vaporizer with attendant piping. (The vaporizer is a device
which transforms liquid nitrogen into gaseous nitrogen.)
Please note that Nitrogen is not a flammable material.
It has been determined that the most reasonable location for the installation
of the nitrogen supply system is on the West side of the facility, as close to
the building as possible. We have selected a location just slightly North of
several existing natural gas meters. (Please refer to the attached sketch.)
The nitrogen tank will set on a concrete slab 13 feet by 13 feet in size. The
clearance from the curb to this concrete pad will be approximately fifteen
feet. The installation will be secured with a chain link fence enclosure.
As noted on the attached sketch, Fedco's property line occurs at approximately
the face of their building. The location of the nitrogen supply system in this
area will require permission from the City of Buffalo to use a portion of the
99 foot Tonawanda Street Right of Way for this purpose.
We are requesting that the Buffalo Common Council consider granting Fedco
permission to encroach upon the Tonawanda Street Right of Way. In an effort to
maintain Fedco's expansion schedule, we would appreciate an action being taken
by January 20, 1993.
Thank you very much for your cooperation.
Should you have any questions or require further information, please feel free
to contact either myself or Mr. Michael Plotner, Engineering Supervisor at
Fedco (877-8000).
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT
COMMISSION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 80
BUFFALO FRIENDS OF OLMSTED PARKS
Oppose Zoo Expansion
Thank you for your letter of November 23, 1992. We welcome the
opportunity to discuss the future plans of the Zoo with you and your staff when
you are ready to share your thoughts.
The Buffalo Friends of Olmsted Parka is extremely concerned about the
Zoological Society's recent statements regarding creation of a Northern
Wilderness exhibit on park land. Appropriation of park-land for any purpose is
unacceptable. Park land is not available for development by the Zoo or any
other institution.
It is important for you to understand that while we support the
Zoological Society and wish it well in its efforts to better serve its
visitors, we oppose expansion into park land.
Thank you and I look forward to meeting with you soon to discuss this
matter further.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
G & E MANAGEMENT INC.
Use Increased Taxes for Increased Police Manpower
I am writing to you as a concerned citizen and taxpayer in the
City of Buffalo. My company owns several properties in the city that pay
$86,121.55 annually in taxes. This represents an increase of approximately
$16,714.87 over last year. I believe that with tax increases like this, we in
the City of Buffalo deserve more police protection.
Currently, the Buffalo Police Department is doing a stellar job with the
resources that they have; however, 1 believe that with the tax increases that
have been put into place this year that a large percentage of these funds
should go to the Buffalo Police Department.
The problems with drugs and gangs in this city are becoming worse by the
day. It has reached a point near some of my properties that my tenants cannot
safely leave their automobiles on the street overnight. When they come out to
their cars in the morning, they have either been broken into or stolen
outright! This is particularly a problem in the Linwood Avenue area.
I realize that these problems are not going to go away overnight;
however, I do believe that if the revenues that are generated by these tax
increases go to help increase police man power and fire power we as citizens of
the City of Buffalo may be able to reclaim our city from these thugs.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 82
BRIAN M. HIGGINS
Comments to Judge Curtin Concerning Teacher Aides
I write concerning the request before you to force the Board of
Education to hire 126 new teacher aides. As you know the Board of Education is
fiscally dependent on the City of Buffalo. As a City Council Member, I am
concerned for the fiscal impact your decision could have on the City of
Buffalo. I am however more concerned that your decision could give consent,
and worse, encourage the Board of Education to continue it's "poor budgeting"
and wasteful spending practices.
In considering previous motions before the Federal Court you have been
highly critical of the Board of Education's budgeting and spending practices.
You warned that "this is a deficiency which cannot persist and which the court
will not tolerate if the Board seeks judicial intervention in any subsequent
year", (Arthur v. Nyquist 1989). Your own expert witness, William D. Mahaney,
characterized the Board's budget "filings" as "inconsistent, confusing and
misleading, and, consequently of no assistance to the City or the Court in
evaluating the Board's financial needs", (Arthur v. Nyquist 1989). And
although numerous proposals have been advanced to reform the Board's budget
preparation, reporting, and management, few if any have been implemented.
Therefore your concerns are as relevant today as they were in Arthur V. Nyquist
(1989).
I believe an advocate for quality education in Buffalo must do more than
simply ask for more money. One must also hold the manager of a $348 million
annual budget accountable for educational performance standards and goals.
This is not happening in Buffalo and the issue before you concerning teacher
aides is but the most recent example.
The parents and children who have appealed to you for relief want only
for the teacher aides who were taken from the Early Childhood Centers
reassigned back. As their efforts have been persistent, constructive and
sincere, I commend them for their courageous fight for quality education. I
believe however their goal can be achieved without having to spend an
additional $1.2 to 2 million.
No aides were laid off this year. They were reassigned. There are
currently 1117 full-time and 27 part-time teacher aides in the Buffalo School
system. A decision to force the Board of Education to hire 126 new teacher
aides will likely result in having to lay them off next year. What have we
accomplished? If anything we should try to hire more teachers to reduce class
size, thus having a greater impact on quality standards.
I respectfully ask that you use the broad powers of the Federal Court to
consider removing restrictive mandates that are reported to have affected the
reassignment of teacher aides from the Early Childhood Centers. In this way
the Board of Education would have greater flexibility to assign teacher aides
where it is determined they are most needed. I thank you for your
consideration and concern.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 83
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Plans For CNG Use
This letter will serve as NFTA's response to the Common Council's
resolution of November 24, 1992, which seeks an update from the NFTA regarding
alternative fuels for buses.
The NFTA is moving forward with plans to place into service five buses fueled
by compressed natural gas (CNG). These buses are presently under construction
at Bus industries of America in Oriskany, NY. However, they cannot be put into
service until suitable fueling facilities are provided at NFTA's Frontier
Garage on Military Road in the Town of Tonawanda. NFTA is working closely with
National Fuel Gas regarding the installation of a fueling facility and it is
our expectation that it will be in service not later than mid-1993, and
possibly much sooner. This element of the project has been delayed due to the
original bids for construction coming in at over twice the budgeted amount.
As regards the use of methanol, NFTA discontinued its involvement in the
methanol bus demonstration project in December, 1990. This action was based on
the lengthy delays being experienced in implementation, the inordinate amount
of staff time necessary to conduct the project, and continuing doubts about the
feasibility of methanol as an alternative fuel.
In the past two years there have been continuing technological and regulatory
developments in the area of emissions control.. While several alternative fuels
are or soon will be widely available, it is generally recognized that each one
will be associated with significantly increased capital and/or operating
expense. For example, the cost of a new alternative fuel bus is significantly
higher than a diesel bus. Expensive new fueling facilities may be required,
depending on the fuel used. Garages may have to be heavily modified to prevent
fire and/or explosion.
At the same time, diesel engine technology has advanced to the point that
diesel engines now available will meet EPA emission standards until at least
1998 and very likely into the next century. Such engines and the buses in
which they are installed will be less expensive than those using alternative
fuels and will not require costly new fueling facilities and building
modifications.
NFTA has not yet adopted a formal policy selecting a fuel of choice. However,
we believe that the most desirable option will be the one that exhibits the
lowest overall life cycle cost while meeting the applicable emissions
regulations. To do otherwise would require significant additional funding
which cannot reasonably be anticipated to be available.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 84
PLUMBING CONTRACTORS' ASSOCIATION
Ordinance Amendment -Chapter 326 of Chapter 175 - Fees
The Common Council has approved the passage of a 100% increase
in Journeyman plumber fees for licensing, renewal and exams, effective July 1,
1992.
This Association takes strong exception to such an unreasonable, unilateral and
arbitrary increase. This type of increase discourages and indeed may even
preclude apprentices from taking the journeyman exam. When fees become
unreasonable, journeymen may not get licensed, the ramifications of which could
result in work being done illegally in the City.
We also note that there have been increases in all facets of plumbing; namely,
Plumbing permit fee increases approved by the Common Council on 1/21/92, item #
196; Increase in charges for Plugs and Taps effective August 1, 1992; Street
cut increases effective March 1, 1992.
The Plumbing trade has been bombarded with automatic fee increases
across-the-board. A copy of these increased fee schedules are enclosed.
No doubt, the City needs more revenue and the plumbing trade contributes
greatly to that revenue through these fee structures. However, we are not
receiving what we need from the City of Buffalo-- for instance, an increased
number of plumbing inspectors to adequately man a metropolitan area as large as
the City of Buffalo, the second largest city in the State of New York.
At this time, this Association requests the following:
1) That this Ordinance Amendment be rescinded and open to the public for
discussion
2) That the Association be put on a meeting agenda to have the opportunity
to lend our point of view and expertise on plumbing matters.
We believe the professional plumbing tradesmen have served and continue to
serve the Buffalo community. They ensure a safe and efficient plumbing system
for every citizen's home, business, medical and educational institution in this
area. We deserve the opportunity to put our needs and views forward in a joint
and cooperative manner.
We are asking for the opportunity to do so. We will look forward to your
reply.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 85
CLARA C. THOMAS
Request Better Street Plowing and Salting
Being the owner of a dispatch service in the city of Buffalo,
and operating within the city limits, during the winter months, we are
sometimes faced with almost unworkable street conditions. I realize that we
have no control over the amount of snow and ice that forms on the streets, but
conditions could be greatly improved, if the streets were promptly plowed and
salted.
Cab drivers face hazardous driving conditions having to drive over
unplowed and unsalted streets.
I trust that this matter will be given serious consideration, and
whatever can be done to improve street conditions over the city will be greatly
appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREETS
SANITATION.
No. 86
TIXON CORPORATION
Collection Services for PVB
It was a pleasure meeting you at the National League of Cities
meeting in New Orleans this week. I appreciated your stopping by our exhibit
and your interest in Tixon Corporation.
Based on our discussion at the conference and Tixon's independent review of
major U.S. cities including Buffalo, I am aware that Buffalo's revenue from the
collection of parking tickets has substantially declined in recent years. This
is due in part to a decline from the almost 300,000 tickets issued in 1990 to
approximately 200,000 tickets issued in each of the last two years. This factor
coupled with an inefficient in-house system results in less than desirable
collection levels.
Tixon would be most interested in providing parking violation collection
services to the City of Buffalo, and I am confident that we could substantially
improve your existing in-house operations in two ways:
-By collecting a significant portion of the current
backlog of approximately $16,000,000 in outstanding
parking tickets.
-By assuming future responsibility for the processing of
the city's 200,000 - 300,000 parking tickets issued each
year.
These objectives can be reached by our staff of industry experts and our proven
TICPAC system. Our efficient TICPAC computerized system and our
state-of-the-art integrated enforcement package work together to increase a
municipality's non-tax revenues in a fair and impartial manner.
I hope that the City of Buffalo will be able to benefit in some way from the
wide range of services we provide. The attached literature is for your review
and use as you see fit. It offers details of our company and our products.
I appreciate the opportunity to respond to your inquiry and look forward to
providing a demonstration of our system to your city in the near future.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
PETITIONS
No. 87
Goldome, owner, Supercuts, tenant, petition to use
2165 Delaware for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
National Rifle Assoc. of America, opposes legislation to impose waiting period
for the purchase of rifles or shotguns.
RECEIVED AND FILED.
No. 89
Ralph Hubbell and Others- Request Fee Reduction or Parking Meter Removal on
Hertel Avenue.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 90
Salary Ordinance Amendment
08 Department Of Law
(Item No. 155, C.C.P., Dec. 8, 1992)
That the Salary Ordinance Amendment as contained in Item No. 155,
C.C.P., December 8, 1992, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 91
Salary Ordinance Amendment
60 Parks Department
(Item No. 158, C.C.P., Nov. 24, 1992)
That the above Item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Salary Ordinance Amendment as contained in Item No. 158, C.C.P.,
November 24, 1992, be and the same hereby is approved.
PASSED.
AYES- ARTHUR, BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS- 8.
NOES- AMOS, BELL, COPPOLA, PERLA, ZUCHLEWSKI- 5.
No. 92
Appointment
Law/Assistant Corporation Counsel
That Communication No 28 CCP Oct 27, 1992 be received and filed
and the Non-Competitive appointment of Peter F. Comerford stated above at the
Intermediate salary $46,627.00 effective on Oct 15, 1992 is hereby approved and
his supplemental affidavit (Item # 28, C.C.P., Dec. 8, 1992) is hereby attached
and made a part hereof.
PASSED.
AYES- 13 NOES- 0.
No. 93
Residency Affidavit P. Comerford (CC)
(Item # 38 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Supplemental Affidavit P. Comerford (CC)
(Item # 28 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Appointment
Street Sanitation/Dispatcher
That Communication No 30 CCP Oct 27, 1992 be received and filed
and the provisional appointment of Joseph S. Militello stated above at the
Maximum salary $24,135.00 effective on Oct 12, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 96
Information/Appointment of Junior Account Typist (CSC)
(Item # 51 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Info./Appointment Associate Accountant/Senior Auditor(HR)
(Item # 50 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Appointment
Audit & Control/Senior Auditor
That Communication No 60 CCP Oct 20 1992 be received and filed
and the Temporary appointment of Jeni Wozniak stated above at the Intermediate
salary $28,983.00 effective on Aug 17, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 99
Appointment
Public Works/Senior Engineer ,Structural
That Communication No 25 CCP Dec 8, 1992 be received and filed
and the Provisional appointment of Burke M. Glaser stated above at the Maximum
salary $38,089.00 effective on Dec 1, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 100
Appointment
Human Resources/Senior Counselor
That Communication No 46 CCP, Dec 8, 1992 be received and filed
and the Permanent appointment of Kelli L. O'Grady stated above at the
Intermediate salary $25,215.00 effective on Dec 1, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 101
Appointment
Human Resources/Senior Substance Abuse Specialist
That Communication No 47 CCP Dec 8, 1992 be received and filed
and the Permanent appointment of Barbara Carson stated above at the
Intermediate salary $26,188.00 effective on Dec 1, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 102
Appointment
Human Resources/Director of Counseling
That Communication No 48 CCP Dec 8, 1992 be received and filed
and the Permanent appointment of Jerome Puma stated above at the Intermediate
salary $33,300.00 effective on Dec 1, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 103
Notices of Appointments (C. Clerk)
(Item # 59 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 104
Increased Appropriation - Division Of Engineering
(Item No. 144, C.C.P., Dec 8, 1992)
That the Comptroller be and he hereby, is authorized and directed
to transfer the sum of $50,000 from 100-890-050 -Reserved Fund Balance for
Capital Budget Appropriations to meet the increased appropriation as set forth
below:
TO:
100 General Fund
40-1 Division of Engineering
085 - Capital Outlay
900 - Land and Betterments
Purchase 25 acres behind 1120 Seneca Street $50,000
PASSED.
AYES- 13 NOES- 0.
No. 105
Transfer Of Funds Division Of Buildings
(Item No. 145, C.C.P., Dec 8, 1992)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $231.00 be and the same is hereby
transferred from the Reserve for Capital Improvements in Appropriation
Allotments - Exempt Items and said sum is hereby reappropriated as set forth in
the above item.
PASSED.
AYES- 13 NOES- 0.
No. 106
Quarterly Financial Data (Compt)
(Item # 25 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Amana Capital Corporation/Assist in Collecting Accounts
(Item # 66 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Amana Capital Corp
Assist Collection of Past Due Accounts (A&F)
(Item # 41 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Increase Medicaid Reimbursement Rate
For Ambulance Service
(Item No. 120, C.C.P., Nov 10, 1992)
That the above Item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 110
Increase In Ambulance Reimbursement (EMS)
(Item # 11 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Permission To Negotiate 363-371 East Ferry
(Item No 13, C.C.P., Nov 24, 1992)
That the Comptroller be, and he hereby is authorized to negotiate
with Rev. Benny Sheppard of the Church of the Devine Christianity, P.O. Box
525, Buffalo, New York 14205 for the private sale of 363-371 East Ferry and
report to this Honorable body the results of such negotiations.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 112
Change Use Of 65 Anderson Place
(Item No. 146, C.C.P., Dec 8, 1992)
That this Common Council respectfully requests that the Department
of Inspections and Community Revitalization change its multiple dwelling
records to reflect that the property listed as 65 Anderson Place is a
single-family dwelling.
PASSED.
AYES- 13 NOES- 0.
No. 113
Contract For Worker's Compensation Claims
Adjustment Services
(Item No. 39, C.C.P., Dec 8, 1992)
That the Director of Labor Relations be, and he hereby is authorized
to execute a contract for Worker's Compensation Claims Adjustment Services, for
$6,980 per month for an 18 month period to Allied Claims Service, the lowest
responsible bidder.
PASSED.
AYES- 13 NOES- 0.
No. 114
Change In Contract Louisiana Street Bridge
(Item No. 21, C.C.P., Dec 8, 1992)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a Change Order # 3 and Change Order # 4 to Oakgrove Construction, at
no cost, as more fully described in the above communication, for structural
conditions observed during construction of the Louisiana Street Bridge,
Contract No. 91656500. Funds for the project to be reimbursed by the Thruway
Authority will be made available in the Division of Engineering Bond Fund
200-401-003.
PASSED.
AYES- 13 NOES- 0.
No. 115
Change In Contract Zebra Mussel Control
(Item No. 22, C.C.P., Dec 8, 1992)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order # 2 to D.A. Elia Construction Corporation, changes
resulting in a net increase in the amount of $7,175.00, as more fully described
in the above communication, for additional work relating to General
Construction for the Zebra Mussel Control at the Water Filtration Plant,
Contract No. 91667200. Funds to be charged against the Division of Water's
415-980-077 Account.
PASSED.
AYES- 13 NOES- 0.
No. 116
Recover Back Taxes & Fees (Compt)
(Item # 23 CCP, Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Additional Demolition Report Bids on 413 Best (STS)
(Item # 57 CCP, Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
J. Grant Objects To Assessment Figures
(Item # 72 CCP, Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
J. Grant Object To Assessment Figures (Assmt)
(Item # 17 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Funding Temporary Assessment Review Members (A&F)
(Item # 38 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
L. Laugeman Restore Teacher Aide Funding
(Item No. 64, C.C.P., Dec 8, 1992)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Mayor is hereby requested to provide funding for the restoration
of 49 teacher aide positions at Bennett Park Montessori and the Early Childhood
Centers.
Seconded by Mr. Bell.
Mr. Higgins, moved to amend and receive and file the above item; seconded by
Mr. Bakos.
LOST.
AYES- BAKOS, FRANCZYK, HIGGINS, PERLA- 4.
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY. LOTEMPIO, PITTS, ZUCHLEWSKI-
9.
Mr. Collins now moved the approval of the item; seconded by Mr. Bell.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, LOTEMPIO, PITTS, ZUCHLEWSKI-
9.
NOES BAKOS, FRANCZYK, HIGGINS, PERLA- 4.
No. 122
After School Security
(Item No. 148, C.C.P., Dec 8, 1992)
That this Common Council request that the Commissioner of Police
report to this Honorable Body on the feasibility of a plan that would target
the schools with the most problems and provide after school security.
ADOPTED.
No. 123
B. Pullins/Reinstate School Security Patrols
(Item # 66 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 124
Advision, Petition To Use
975 Abbott Road For A Pole Sign
(Item No. 70, C.C.P., Dec. 8, 1992)
That after a public hearing before the Committee on Legislation
on December 15, 1992, the petition of Advision, for permission to use 975
Abbott Road for a pole sign be and hereby is approved.
PASSED.
AYES- 13 NOES -0.
No. 125
Xing-Shou Wang, Petition To Use
510 Elmwood Avenue For A Sit-In Restaurant
(Item No. 71, C.C.P., Dec. 8, 1992)
That after a public hearing before the Committee on Legislation
on December 15, 1992, the petition of Xing-Shou Wang, for permission to use 510
Elmwood Avenue for a sit-in restaurant and retail store be and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 126
Ramesh Chainani, Petition To Use
1122-1124 Elmwood Avenue For A Take-Out Restaurant
(Item No. 72, C.C.P., Dec. 8, 1992)
That after a public hearing before the Committee on Legislation
on December 15, 1992, the petition of Ramesh Chainani, for permission to use
1122-1124 Elmwood Avenue for a take-out restaurant be and hereby is approved,
with the following conditions:
1. Owner is to keep the sidewalk free of debris, litter, snow
and ice.
2. Owner is to maintain the tree and area around it.
3. Two decorative trash receptacles will be placed outside
the restaurant and will be the responsibility of the owner.
4. No seating will be allowed without Common Council
approval.
5. No use permit will be issued until any housing and
property code violations are corrected. This will include
interior and exterior inspections and will include any
residential units in this building.
6. No portion of this building will be used to accommodate
the expansion of any other restaurant without the
approval of the Common Council.
7. No alcoholic beverages will be sold, without the approval
of the Common Council.
PASSED.
AYES- 13 NOES- 0.
No. 127
H.L.C. Corporation, Petition To Use
1493-1503 William For A Pole Sign
(Item No. 73, C.C.P., Dec. 8, 1992)
That after a public hearing before the Committee on Legislation
on December 15, 1992, the petition of H.L.C. Corporation, for permission to use
1493-1503 William for a pole sign be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 128
St. Paul's United Church Of Buffalo, Petition
To Use 41 Indian Church For Signs
(Item No. 77, C.C.P., Nov. 24, 1992)
That the above item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing before the Committee on Legislation on
December 15, 1992, the petition of St. Paul's United Church of Buffalo, to use
41 Indian Church for ground and wall signs be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 129
St. Pauls/Use 41 Indian Church (CPBD)
(Item # 5 CCP, Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Restaurant/Dancing Class III License 240-244 West Ferry
(Item No. 50, C.C.P., Sept. 1, 1992)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to Richard Robins, d/b/a The Office Bar,
240-244 West Ferry Street, and the same be, and hereby is approved with the
following conditions:
1. Type of music - Country and Western, Rock and Roll and
Sixties music. No Heavy Metal.
2. Nights - Fridays and Saturdays - Twice a month. Mr.
Robins will notify the License Director if he will be having
live entertainment more than twice a month.
3. Security - Will be hiring off duty Buffalo
Police Officers from Precinct 5.
4. Parking - Currently patrons park in front of business and
across the street in McDonald's parking lot in the Plaza
If a lease is required it will be obtained and the Director of
License will be notified.
5. Clean-up - A Porter is on 24 hours a day for clean-up. If
there is any debris or bottles it will be broom swept.
PASSED.
AYES- 13 NOES- 0.
No. 131
Restaurant/Dancing Class IV License
2897 Bailey Avenue
(Item No. 33, C.C.P., Oct. 13, 1992)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Keith A. McFayden, of Caribbean
Experience, 2897 Bailey Avenue, and the same be, and hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 132
Restaurant/Dancing Class III License
3250 Bailey Avenue
(Item No. 34, C.C.P., Nov. 24, 1992)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to Michael Shaw, d/b/a Mac Shaw's, 3250
Bailey Avenue, and the same be, and hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 133
KBBCC/Dance License 3250 Bailey
(Item # 63 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Restaurant/Dancing Class III License
1677 Main Street
(Item No. 35, C.C.P., Nov. 24, 1992)
That the above Item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 135
Southeast Corner Washington And Carlton Streets
Permission To Encroach Into Right Of Way
(Item No. 23, C.C.P., Dec. 8, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Dennis Penman of M. J.. Peterson, owner of
property located at the southeast corner of Washington and Carlton Streets, to
install an eighteen inch high concrete wall, hedges, and a three foot six inch
high fence which would encroach city right-of-way at said address, in order to
enclose a planned playground on private property on Washington Street, 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 concrete wall, hedges, and fence be installed
exactly as shown on plans submitted to and approved by
the Department of Public Works, Division of Buildings.
3. That the actual play area be located entirely on private
property.
4. That the proposed encroachments project be no more
than five feet into city right of way nor exceed thirty feet in
length.
5. That the applicant supply the Department of Public
Works with a five thousand dollar construction in street
bond or certificate of insurance 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 the above mentioned
encroachments.
PASSED.
AYES- 13 NOES- 0.
No. 136
Ordinance Amendment
Chapter 479 Traffic Ordinances
(Item No. 167, C.C.P., Nov. 24, 1992)
That the Ordinance Amendment as contained in Item No. 167, C.C.P,
November 24, 1992, be and the same hereby is approved.
PASSED.
AYES- BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- AMOS, ARTHUR, BELL, LOTEMPIO- 4.
No. 137
Ordinance Amendment/Parking Meters (CC)
(Item # 44 CCP, Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
NYS Department Of Law/Protection For City Workers
(Item # 65 CCP, Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
U.S. Attorney/Protection For City Workers
(Item # 68 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Direct Housing Fines To ICR (A&F)
(Item # 45 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Anti Crime Local Initiatives (Mayor)
(Item # 3 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
H. Berry/Oppose Restricting Firearm Ownership
(Item # 74 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Convert RAPP Parking Lots - 400 Prospect
293 Vermont To Sites For New Houses
(Item No. 157, C.C.P., Nov. 24, 1992)
That this Common Council authorize the transfer of 400 Prospect
and 393 Vermont Streets from the Board of Parking to the Department of
Community Development; and
That the Department of Community Development be authorized to convert
these RAPP Parking lots to sites for two new houses.
PASSED.
AYES- 13 NOES- 0.
No. 144
Convert RAPP Lots For Housing (BD PKG)
(Item # 8 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
M. Beason & Others/Request Centrally Located KBCC
(Item # 75 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Debris Pick Up At 958 Northampton
(Item # 121 CCP Nov 24, 1992)
That the above mentioned Item be and the sue is hereby received
and filed.
ADOPTED.
No. 147
Overtime Report (BSA)
(Item # 56 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Audio Inductive Loop (Adv. Office)
(Item # 10 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Toxic Emissions Seneca/Babcock
(Item # 153 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Info Appointment Of Member (Bd. Pkg.)
(Item # 14 CCP Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Reappointment Members Of Board Of Consumer Electronics
(Item No. 2, C.C.P., Dec. 8, 1992)
That the reappointments of Dennis McKowan, 500 Hinman Avenue,
Buffalo, New York, for a term expiring August 21, 1994, and Solomon Thomas, 781
Parkside Avenue, Buffalo, New York, for a term expiring August 21, 1995, be and
hereby are confirmed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 152
Penalties For late Payment Of PILOTS (Assmt)
(Item # 16 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Department Of Community Development
Comprehensive Housing Affordability Strategy ("CHAS")
Public Review Of Preliminary Draft
(Item No. Com 32, Dec. 8/19/92)
That the above item, Department of Community Development - Comprehensive
Housing Affordability Strategy ("CHAS") Goals for FY 1993 and Annual Report for
FY 1992, be, and the same hereby is, returned to the Common Council with
Approval; provided that the following recommendations be reported to the United
States Department of Housing and Urban Development by means of an addendum to
the CHAS:
1) That the 1993 Report and Goals Strategy be revised to reflect 1990 Census
Data and current councilmanic boundaries;
2) That the report refocus attention on Public Housing in the City of
Buffalo, with emphasis on community input toward a goal of racial fairness in
the availability and quality of Public Housing;
3) That future Annual and Five-Year CHAS Reports and Plans be formally
submitted to the Council for comment and approval as a matter of law;
4) That the 1993 Goals Strategy and 1992 Annual Report be resubmitted for
Council approval, prior to the effective date of any further changes or
amendments to these documents.
PASSED.
AYES- 13 NOES- 0.
STADIUM/AUD TASK FORCE
HON JAMES W. PITTS
CHAIRMAN
No. 154
Site Selection For Arena/Market
(Item # 229 CCP Oct 30, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
DDI/Arena Site Selection Study
(Item # 104 CCP Oct 30, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
DDI/CUED Arena Site Evaluation Report
(Item # 73 CCP Oct 15, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
DDI/Arena Site-property Owners List
(Item # 105 CCP Oct 30, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Sabres/Favor Theater District For Arena Site
(Item # 94 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
G. Ginther/Oppose New Sports Arena Site
(Item # 104 CCP Dec 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Theater District Association/Favors Washington Market Site
(Item # 115 CCP Dec 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
DDI/CUED Panel To Review Arena Sites
(Item # 96 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Include Aud/DDI Feasibility Study (Bd Stad)
(Item # 12 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
DDI/Include Aud/Feasibility Study
(Item # 97 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Include Aud In DDI Feasibility Study (A&F)
(Item # 80 Cap Dec 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Feasibility Study/Property Sites/Aud
(Item # 206 CCP Dec 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
DDI/Arena Feasibility Study
(Item # 71 CCP Jan 8, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Sabres/Site Select/Internal Feasibility Study
(Item # 74 CCP Feb 4, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
DDI/Coord With Sabres Feasibility Study
(Item # 79 CCP Feb 5, 1991)
That the above mentioned Item be and the same is hereby received
and filed
ADOPTED.
No. 169
Sabres Economic/Fiscal Reports/New Arena
(Item # 78 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Seek UMTA Funds For New Auditorium (CD)
(Item # 72 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
ECIDA/Seek UMTA Funds For New Auditorium
(Item # 98 CCP Nov 27, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
UMTA Asst. For Auditorium Construction (CD)
(Item # 53 CCP Dec 26, 1989)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
DDI/Funding Aud/Pilot Field/Rich Stad.
(Item # 72 CCP Jan 8, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Funding For Aud/Pilot/Rich
(Item # 207 12/11)
(Item # 189 CCP Apr 30, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
DDI/Info/Pilot Field Expansion Proj.
(Item # 117 CCP Jul 31, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
DDI Impact Of Major League Baseball (# 103 10/30)
(Item # 194 CCP Dec 11, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Regional Sports Facilities Committee Report
(Item # 126 CCP Sep 18, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Use Fee/City Athletic/Cultural Facilities
(Item # 232 CCP Oct 30, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
User Fee/City Facilities (CC)
(Item # 37 CCP Nov 13, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Bisons/User Fee/City Facilities
(Item # 59 CCP Nov 13, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Kleinhans/User Fee/City Facilities
(Item # 62 CCP Nov 13, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Shea's/User Fee/City Facilities
(Item # 66 CCP Nov 13, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Develop RFP/New Arena Naming Rights
(Item # 160 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
DDI/Establish South Main Development Corporation
(Item # 51 CCP Jan 7, 1990)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 185
BY: MESSRS. AMOS, BELL, ZUCHLEWSKI, AND PERLA
STRENGTHEN REGULATORY GUIDELINES FOR USED TIRE TRANSPORT AND DISPOSAL
WHEREAS: Illegal dumping and disposing of used automobile tires
has become an unsightly, costly, and dangerous problem for the city of Buffalo
because of the mess created, the time and the manpower needed to clean up the
problem, and the potential fire and environmental hazards they pose; and
WHEREAS: The city and the state have regulatory statutes for the storage,
transportation, and disposal of used tires; and
WHEREAS: The regulations in the city include obtaining a tire handler's license
for the storage of tires (any number in excess of ten but less than 1000),
disposal of the tires within two (2) weeks after receipt at a state DEC
approved facility, and a valid general liability insurance policy of at least
five hundred thousand dollars ($500,000); and
WHEREAS: Penalties for noncompliance with any of these provisions include a
fine of not more than one thousand five hundred dollars ($1500) or imprisonment
for not more than fifteen (15) days, or both, and a doubling of the license
fee. The fine for illegal dumping of tires is a fine of not less than one
thousand dollars ($1000); ; and
WHEREAS: State DEC guidelines include, but are not limited to governance of
facilities holding over one thousand (1000) tires, the issuance of a Waste
Transporter Permit, and the certification of disposal facilities; and
WHEREAS: Although both statutes and penalties exist, there seem to be
enforcement problems and areas of uncertainty regarding the overlap of local
and DEC regulations. An example of such an ambiguity lies in the city's Used
Tire Handler license application, whereby an applicant must disclose the
disposal site for the tires, but information related to the status of the
transporter of the tires is not required. Another problem is the follow-up
required in tracking the two week disposal period. A third problem may be that
the state DEC, and not the city, issues the haulers permits, enabling
unscrupulous individuals to circumvent the system;
WHEREAS: In relation to the imposition of penalties, it is unclear as to who
makes the determination to impose the fine and the amount of the penalty; and
WHEREAS: Inconsistencies such as this seem to be contributing to the problem by
allowing "fly-by-night" transporters to haul and illegally dispose of tires;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council request that the Director of Licenses file a report
detailing all individuals and / or businesses in the city of Buffalo who
possess valid Tire Handler's licenses, valid State DEC Transporter Permits, and
approved disposal facilities; and
BE IT FURTHER RESOLVED:
That the Director of Licenses, the Corporation Counsel, the Police Department
and the Fire Department respond to the concerns related to amount and
imposition of fines and penalties; and
BE IT FINALLY RESOLVED:
That the existing local regulatory ordinances be amended to include the
following provisions:
-requirement of local transporter permit
-require that the transporter permit number be clearly displayed
on the vehicle and that the permit itself be carried in the vehicle
-increase in the fine levels to two thousand dollars ($2000)
-make both the transporter and the tire handler legally
responsible for the proper transfer of tires to an approved
disposal site
-requirement of a performance bond ($50,000) with permit
issuance.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL.
No. 186
BY: MR. ARTHUR
DIRECT CORPORATION COUNSEL TO INITIATE RECOVERY OF MEDICAL INSURANCE
PAYMENTS.
WHEREAS: The Comptroller has recently reported that the City has
been paying for medical insurance for 139 deceased retirees and also has been
paying for family health coverage for 70 employees who are single; and
WHEREAS: In as much as no coverage was actually provided to these 209
individuals both living and dead;
NOW THEREFORE BE IT RESOLVED:
That this Common Council directs the Corporation Counsel to initiate the
recovery of these overpayments and report to this Council on the course of
action to be taken to accomplish said recovery of overpayments.
ADOPTED.
No. 187
BY: MR. ARTHUR
REQUEST REPORT FROM THE CORPORATION COUNSEL - STATUS PILOT FIELD
NAMING RIGHTS LITIGATION
WHEREAS: Pilot Air Freight commenced legal action against tide
City and the Buffalo Bisons in a dispute involving the naming rights of Pilot
Field; and
WHEREAS: The action against the Bisons has been subsequently settled, but
the City is still named in the suit; and
WHEREAS: As a result of this legal action, the City has not received last
year's payment in the amount of $51,000 from Pilot Air Freight for the naming
rights of Pilot Field, and this year's payment which is due in December has not
been received.
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests the Corporation Counsel to report to this
Council the status of the Pilot Field Naming Rights litigation.
ADOPTED.
No. 188
BY: MR. ARTHUR
CITY OF BUFFALO
LOCAL LAW NO ___ (1992)
INTRODUCTORY No. 15 (1992)
A LOCAL LAW amending section five hundred fifty-two of article
twenty-nine of the charter of the city of Buffalo, in relation to assessment
grievance procedures.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. Section five hundred fifty-two of article twenty-nine of the
charter of the city of Buffalo, adopted pursuant to law, is hereby amended as
follows:
Sec. 552. Grievances.
During said month of December, in any year and during the [first sixteen]
month of January, nineteen hundred [eighty-nine] ninety-three any person
perceiving himself aggrieved by the assessed valuation of his real property may
apply to the department to have the same corrected.
The application must be in writing, stating the grounds of objection
thereto and thereupon the department must examine into the complaint.
If, after such examination, the assessment is erroneous in the judgment
of the department, it shall correct the same.
Section 2. This local law shall take effect immediately.
Pursuant to the provisions of Section 20, Subdivision 4 of the Municipal
Home Rule Law of the State of New York, I, JAMES D. GRIFFIN, Mayor, hereby
certify that the immediate passage of the foregoing local law is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be omitted; matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 189
BY: MR. BELL
OVERPAYMENT OF HEALTH BENEFITS BY CITY
WHEREAS: A recent audit by the City Comptroller has shown that
the city has been making monthly medical insurance payments for many retirees
who are deceased, and providing family coverage for single employees; and
WHEREAS: It has been estimated that $750,000 has been paid by the city over
the past 15 months for unnecessary health care benefits; and
WHEREAS: This situation appears to be the result of poor communication and
ineffective management of health benefits; and
WHEREAS: Particularly in light of the city's current fiscal woes, it is
imperative that action is taken to recover the payments made in error, and to
make changes that will prevent any further such occurrences.
NOW, THEREFORE BE IT RESOLVED:
That the City Comptroller be requested to pursue the recovery of medical
benefit overpayments from the health insurance providers; and
BE IT FURTHER RESOLVED:
That the Retirement Division of the New York State Comptroller's Office be
requested to explain why the City of Buffalo is not informed when that office
receives formal notification of the death of a city retiree; and
BE IT FURTHER RESOLVED:
That a task force be established to review the circumstances regarding this
problem, and to issue a report by March 31, 1993, making recommendations aimed
at increasing the efficiency of health benefits management; and
BE IT FURTHER RESOLVED:
That the Mayor, Comptroller and Common Council be requested to each submit the
names of two persons to serve on this task force, and file those names with the
City Clerk by January 14, 1993.
BE IT FINALLY RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to the New York State Comptroller.
ADOPTED.
No. 190
BY: MESSRS. BELL AND AMOS
CULTURAL SENSITIVITY FOR
BUFFALO POLICE OFFICERS
WHEREAS: Many members of the community have reported that certain
members of the Buffalo Police Department have used racial epithets and other
derogatory statements while in the performance of their duties; and
WHEREAS: Regardless of the number of officers that may be using such
language, reports of such ill-advised and insensitive remarks quickly spread
throughout the community and contribute to creating a climate of mistrust and
hatred; and
WHEREAS: Recently some 30 Buffalo Police officers attended a workshop on
racial sensitivity sponsored by the Western New York branch of the National
Conference of Christians and Jews, a good concept that needs to be enhanced and
continued on a larger scale in order to be truly effective; and
WHEREAS: Racial misunderstanding and prejudice have contributed to a number
of violent episodes involving police officers in other cities, such as: the
Rodney King affair in Los Angeles; the fatal beating of a black motorist by
four police officers in Detroit this past November; the shooting of a black
transit officer in New York City by a white officer; and, the recent incident
in Nashville, Tennesee where five white officers were placed on leave following
allegations that they beat a black undercover officer during a traffic stop;
and
WHEREAS: A climate exists in Buffalo where such tragic violence could occur
if strong measures are not taken to foster greater understanding,
communication, and respect between the police and the community;
NOW, THEREFORE, BE IT RESOLVED:
That the Commissioner of Police be requested to issue a directive to all police
personnel ordering that under no circumstances should they use any kind of
racial or ethnic terms that may be construed as demeaning or insulting in
dealing with either their colleagues or the general public; and
BE IT FURTHER RESOLVED:
That the Commissioner also be urged to launch an extensive and sustained
program offering all police personnel cultural sensitivity workshops designed
to increase greater understanding between people of different races, religions
and ethnic backgrounds.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CONFERENCE OF CHRISTIANS AND JEWS
AND THE COMMISSIONER OF POLICE.
No. 191
BY: MR. COLLINS
BOND RESOLUTION
$100,000 BONDS RECONSTRUCTION, IN PART, OF SCHOOL # 3
ACCOUNT 299-970-079
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF
RECONSTRUCTION, IN PART, OF SCHOOL # 3, AT THE ESTIMATED MAXIMUM COST OF
$100,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of One Hundred Thousand
Dollars ($100,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"); to finance the cost of reconstruction, in
part, of School # 3, including replacement of windows, and to purchase the
original furnishings, equipment, machinery and apparatus required in connection
with the purpose for which said building, as reconstructed, is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $100,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Window Replacement at School # 3 1992-93," Bond
Authorization Account No. 299-970-079, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $100,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18 (a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12. (a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE
No. 192
BY: MR. COLLINS
BOND RESOLUTION
$100,000 BONDS RECONSTRUCTION OF SEWER LINES AT HUTCHINSON CENTRAL TECHNICAL
HIGH SCHOOL
ACCOUNT 299-970-091
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $100,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
PARTIAL RECONSTRUCTION OF SEWER LINES AT HUTCHINSON CENTRAL TECHNICAL HIGH
SCHOOL, AT THE ESTIMATED MAXIMUM COST OF $100,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of One Hundred Thousand
Dollars ($100,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law"); to finance the cost of partial
reconstruction of sewer lines at the Hutchinson Central Technical School
parking lot. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$100,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Reconstruction of Sewer Lines at Hutch Tech Parking
Lot 1992-93," Bond Authorization Account No. 299-970-091, and shall be used for
the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $100,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 4. of the Local Finance Law, is
forty (40) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d.9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 193
BY: MR. COLLINS
BOND RESOLUTION
$120,000 BONDS IMPROVEMENTS TO SCHOOL # 71
ACCOUNT 299-970-090
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $120,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
RECONSTRUCTION, IN PART, OF SCHOOL # 71, INCLUDING ELECTRICAL AND EMERGENCY
SYSTEM IMPROVEMENTS, AT THE ESTIMATED MAXIMUM COST OF $120,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of One Hundred Twenty
Thousand Dollars ($120,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of the
reconstruction, in part, of School # 71, including improvements to the existing
electrical and emergency systems. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $120,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Improvements to School # 71 1992-93," Bond
Authorization Account No. 299-970-090, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $120,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4 The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11 (a) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12.00 (a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 194
BY: MR. COLLINS
BOND RESOLUTION
$230,000 BONDS POLICE
RECORDS MANAGEMENT SYSTEM
ACCOUNT 200-101-035
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $230,000 GENERAL IMPROVEMENT BONDS OF SAID CITY, TO FINANCE THE
COST OF THE PURCHASE OF A RECORDS MANAGEMENT COMPUTER SYSTEM FOR USE BY THE
CITY POLICE DEPARTMENT, AT THE ESTIMATED MAXIMUM COST OF $230,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council)- AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two
Hundred Thirty Thousand Dollars ($230,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"); to finance the cost
of the purchase of a records management computer system for use by the City
Police Department. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $230,000 as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of General Services, Division of Purchase, "Police Records
Management System-Phase II 1992-1993," Bond Authorization Account No.
200-101-035, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the amount of $230,000. This resolution is a declaration of official intent
adopted pursuant to the requirements of Treasury Regulation Section 1.103-18(a)
through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 32 of the Local Finance Law, is
five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 195
BY: MR. COLLINS:
BOND RESOLUTION
$300,000 BONDS KENSINGTON HIGH SCHOOL IMPROVEMENTS
ACCOUNT 299-970-089
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $300,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
RECONSTRUCTION, IN PART, OF KENSINGTON HIGH SCHOOL, INCLUDING IMPROVEMENTS TO
THE ELECTRICAL SYSTEM, AT THE ESTIMATED MAXIMUM COST OF $300,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of Three Hundred
Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of the
reconstruction, in part, of Kensington High School, including improvements to
the electrical system. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $300,000 as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Improvements to Kensington High School 1992-93," Bond
Authorization Account No. 299-970-089, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $300,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11 (a) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12.00 (a)(1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of laid bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 196
BY: MR. COLLINS
BOND RESOLUTION
$300,000 BONDS RECONSTRUCTION OF THE RIVERSIDE HIGH SCHOOL LIBRARY
ACCOUNT 299-970-092
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $300,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
PARTIAL RECONSTRUCTION OF THE RIVERSIDE HIGH SCHOOL LIBRARY, AT THE ESTIMATED
MAXIMUM COST OF $300,000. (Account No. 299-970-092)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of Three Hundred
Thousand Dollars ($300,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of partial
reconstruction of the Riverside High School Library, and to purchase the
original furnishings, equipment, machinery and apparatus required in connection
with the purpose for which said building, as reconstructed, is to be used. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $300,000 as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1992-93; as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Improvements to the Riverside High School Library
1992-93,", Bond Authorization Account No. 299-970-092, and shall be used for
the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $300,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. a of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12.(a)(1) of the Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation therefor in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 197
BY: MR. COLLINS
BOND RESOLUTION
$440,000 BONDS PLANS FOR NEW STUDENT ACADEMY
ACCOUNT 299-970-094
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $440,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF THE
PREPARATION OF SURVEYS, PRELIMINARY PLANS AND DETAILED PLANS, SPECIFICATIONS
AND ESTIMATES NECESSARY FOR PLANNING A NEW STUDENT ACADEMY, AT THE ESTIMATED
MAXIMUM COST OF $440,000. (Account 299-970-094)
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of Four Hundred Forty
Thousand Dollars ($440,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of the
preparation of surveys, preliminary plans and detailed plans, specifications
and estimates necessary for planning a new student (grades 3 through 8)
academy. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$440,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Plans for New School Riverside Academy 1992-93," Bond
Authorization Account No. 299-970-094, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $440,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 62. (2nd) a. of the Local Finance
Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 5 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 198
BY: MR. COLLINS
BOND RESOLUTION
$500,000 BONDS HANDICAPPED ACCESS IMPROVEMENTS
AT VARIOUS SCHOOL BUILDINGS
ACCOUNT 299-970-093
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $500,000 SCHOOL BONDS OF SAID CITY TO FINANCE THE COST OF
HANDICAPPED ACCESS IMPROVEMENTS AT VARIOUS CITY SCHOOL BUILDINGS, AT THE
ESTIMATED TOTAL COST OF $500,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York, is hereby authorized and directed to issue School Bonds of said
City in the principal amount of Five Hundred Thousand Dollars ($500,000),
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"), to finance the cost of Handicapped Access Improvements at
various school buildings including Riverside, Traditional, Emerson, Campus
East, McKinley and School # 90. The estimated total cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $500,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Handicapped Access Improvements 1992-93", Bond
Authorization Account No. 299-970-093, and shall be used for the class of
objects or purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $500,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:.
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 (a) 35. of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds
may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 199
BY: MR. COLLINS
BOND RESOLUTION
$700,000 BONDS RECONSTRUCTION, IN PART, OF HUTCHINSON CENTRAL TECHNICAL HIGH
SCHOOL
ACCOUNT 299-970-080
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $700,000 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF
RECONSTRUCTION, IN PART, OF HUTCHINSON CENTRAL TECHNICAL HIGH SCHOOL, AT THE
ESTIMATED MAXIMUM COST OF $700,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue School Bonds of said City in the principal amount of Seven Hundred
Thousand Dollars ($700,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law"); to finance the cost of
reconstruction, in part, of Hutchinson Central Technical High School, including
replacement of windows, and to purchase the original furnishings, equipment,
machinery and apparatus required in connection with the purpose for which said
building, as reconstructed, is to be used. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $700,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Window Replacement at Hutchinson Central Technical
High School 1992-93," Bond Authorization Account No. 299-970-080, and shall be
used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $700,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing building is of Class "A" construction as defined by
Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 (a)
12. (a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d.9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 200
BY: MR. COLLINS
BOND RESOLUTION
$2,500,000 BONDS RECONSTRUCTION, IN PART, OF VARIOUS ROADS AND OVERPASSES
ACCOUNT 200-401-009
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $2,500,000 GENERAL IMPROVEMENT BONDS OF SAID CITY, TO FINANCE
THE COST OF THE RECONSTRUCTION, IN PART, OF VARIOUS ROADS AND OVERPASSES IN THE
CITY, AT THE ESTIMATED MAXIMUM COST OF $2,500,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of Two
Million Five Hundred Thousand Dollars ($2,500,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); to finance
the cost of reconstruction, in part, of various roads and overpasses in the
City. The estimated maximum cost of said specific object or purpose for which
the bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $2,500,000 as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1992-93, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Engineering, "Reconstruction of
Various Streets, Viaducts, and Bridges 1992-93," Bond Authorization Account No.
200-401-009, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $2,500,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 20. (d) of the Local Finance Law,
is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this 'resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: DEC. 22, 1992
LAID ON THE TABLE.
No. 201
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS
COMMON COUNCIL - LEGISLATIVE
COMMON COUNCIL - CAPITAL OUTLAYS
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$7,000 be and the same is hereby transferred from the Common Council -
Legislative account for Engineering and Technical Services in Appropriation
Allotments and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
01-0 - Common Council
001 - Legislative
573 - Engineering and Technical Services $7,000
To:
100 General Fund
01-0 - Common Council
085 - Capital Outlay
983 - Office Equipment and Furnishings $3,000
960 - Special Structures and Fixed Equipment $4.000
Total $7,000
PASSED.
AYES- 13 NOES- 0.
No. 202
BY: MR. COLLINS
TRANSFER OF FUNDS
INCREASED APPROPRIATION
CITY REVENUE - C.O.B.R.A. ADMINISTRATIVE
DIVISION OF LABOR RELATIONS
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Labor Relations be and the same is hereby increased in
the sum of $5,000.
That the Comptroller be and hereby is authorized and directed to transfer
$5,000 from the Trust & Agency Account -630-065-208-00-000 to and thereby
increase the revenue estimate of account:
Revenue
100 General Fund
06-3 - Division of Labor Relations
402 - City
30103 - C.O.B.R.A. Administrative Fees $5,000
To meet this increased appropriation as set forth below:
TO:
100 General Fund
06-1 - Division of Labor Relations
085 - Capital Outlay
982 - Operating Equipment
Computer Equipment $5, 000
PASSED.
AYES- 13 NOES- 0.
No. 203
BY: MR. COLLINS
TRANSFER OF FUNDS
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS RESERVED FUND BALANCE DIVISION OF BUDGET AND
MANAGEMENT
That, pursuant to section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Budget and Management and the same hereby is increased
in the sum of $9,000.
That the Comptroller be and hereby is authorized and directed to transfer
the sum of $9,000 from 100-890-050 - Reserved Fund Balance for Capital Budget
Appropriations to meet this increased appropriation as set forth below:
To:
100 General Fund
06-1 - Division of Budget and Management
085 - Capital Outlay
982 - Operating Equipment
Computer Equipment $9, 000
PASSED.
AYES- 13 NOES- 0.
No. 204
BY: MR. COLLINS
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS
EXEMPT ITEMS - WATER
CAPITAL OUTLAYS - WATER
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$16,125 be and the same is hereby transferred from the Reserve for Capital
Improvements in Appropriation Allotments - Exempt Items -Water and said sum is
hereby reappropriated as set forth below:
FROM:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $16,125
TO:
410 - Enterprise Fund - Water
085 - Capital Outlays
982 - Operating Equipment $16,125
PASSED.
AYES- 13 NOES- 0.
No. 205
BY: MR. COLLINS
INCREASED APPROPRIATION
TRANSFER OF FUNDS
APPROPRIATION ALLOTMENTS
RESERVE FOR REPLACEMENTS
PILOT FIELD
That, pursuant to section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Enterprise Fund, Pilot Field and the same hereby is increased in
the sum of $25,000.
That the Comptroller be and hereby is authorized and directed to transfer the
sum of $25,000 from 420-899002 - Reserve for
Replacements to meet this increased appropriation as set forth below:
To:
420 Enterprise Fund
61-1 - Pilot Field
Purchase of Services
573 Engineering and Technical Services $25,000
PASSED.
AYES- 13 NOES- 0.
No. 206
BY: MR. COLLINS
DRUG TRAFFICKING IN THE CITY OF BUFFALO
WHEREAS: illegal drug trafficking has escalated to the point of
no return in the City of Buffalo; and
WHEREAS: the Buffalo Police Department, Erie County Sheriff Department, New
York State Police, and several federal law enforcement agencies has cooperated
in a concerted effort to curtail drug trafficking. In spite of their efforts,
street sales appear to have increased; and
WHEREAS: residents and homeowners have become prisoners in their homes as a
result of scare tactics, shootings, muggings, and other physical violence
resulting from drug trafficking and drug addiction; and
WHEREAS: law abiding citizens can no longer feel safe in the public right of
ways and in their homes, as a result of the menace connected to drug
trafficking; and
WHEREAS: it is the responsibility of government to assure that its citizens
and their civil rights are protected, at all times; and
WHEREAS: several Buffalo homeowners have found that they cannot maintain
long-term tenants in their properties due to the presence of drug traffickers
and cannot maintain City codes on their properties and are planning to abandon
those properties and allow the City to foreclose on taxes, thereby, further
reducing our tax base;
NOW, THEREFORE, BE IT RESOLVED,
that this Common Council request the Governor of the State of New York to
assign personnel from its State Police Department and/or the National Guard to
assist local law enforcement authorities to remove drug traffickers from the
streets of the City of Buffalo and assure the protection of the rights of all
of our citizens; and
BE IT FURTHER RESOLVED,
that this resolution be forwarded to each Western New York Legislative
Delegation member, the Governor, the Buffalo Police Department, and the Buffalo
Department of Human Resources; and
BE IT, FINALLY, RESOLVED,
that the Department of Human Resources be requested to coordinate, in a more
aggressive fashion, the functions of treatment agencies and educational
agencies that serve addicts, the community, and the school system in the City
of Buffalo.
ADOPTED.
No. 207
BY: MR. COPPOLA
REQUEST FORMULATION OF
PLAN TO COMBAT CARJACKING
WHEREAS: Carjacking, the theft of a car by force, has risen so
dramatically in the past few months that the federal government has passed
legislation making this crime a federal offense; and
WHEREAS: The State of New Jersey recently announced a series of steps to
combat carjackings including increased patrols, hard-line prosecution, regional
task forces, and a public awareness campaign; and
WHEREAS: The New Jersey anti-carjacking plan includes a policy to reject
plea bargaining and a system for referring carjacking cases to federal
authorities to take advantage of this new federal legislation, which has tough
penalties, allows no bail, and guarantees a quick trial date; and
WHEREAS: The New Jersey plan also utilizes a new computerized reporting
system to determine the scope of carjacking crimes and identifies areas needing
targeted enforcement, as well as a massive public information campaign to help
motorists guard against carjacking; and
WHEREAS: Because of concerns over the violence involved during carjacking
incidents, law enforcement officials in New York State should combine forces
and take similar steps to increase public safety and promote public awareness.
NOW THEREFORE BE IT RESOLVED THAT
This resolution be referred to Corporation Counsel Laurence Rubin, Police
Commissioner Richard T. Donovan and Robert Meegan, President of the Police
Benevolent Association, for their comments and recommendations on formulating a
plan similar to the State of New Jersey's to combat carjacking; and
BE IT FURTHER RESOLVED THAT
The City Clerk also send a certified copy of this resolution to U.S. Attorney
Dennis Vacco, Erie County Attorney Patrick NeMoyer, and District Attorney
Michael Dillon for their comments and recommendations.
ADOPTED.
No. 208
BY: MR. COPPOLA
REQUEST STATE AUDIT OF BOARD OF EDUCATION
WHEREAS: The City of Buffalo is again facing a deficit situation
in the upcoming budget year; and
WHEREAS: A complete, unbiased audit performed by the State Comptroller's
Office would be helpful in upcoming budget deliberations.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council respectfully requests that the State Comptroller authorize
and perform an audit of the Board of Education; and
BE IT FURTHER RESOLVED THAT
The City Clerk send a certified copy of this resolution to New York State
Comptroller Edward Regan.
ADOPTED.
No. 209
BY: MR. COPPOLA
2ND REQUEST- INFORMATION ON HIRING
SUBSTITUTE TEACHERS
WHEREAS: On November 24, 1992, this Common Council adopted Resolution
# 143, Request Information on Substitute Teachers; and
WHEREAS: The Superintendent of the Board of Education and President of the
Buffalo Teachers Federation have failed to respond to this request.
NOW THEREFORE BE IT RESOLVED
That this Common Council again requests information from Superintendent Albert
Thompson and Philip Rumore, President of the Buffalo Teachers Federation on
their policy of hiring substitute teachers.
ADOPTED.
No. 210
BY: MR. COPPOLA
CHANGE ADMINISTRATION OF CITY OF BUFFALO CIVIL SERVICE COMMISSION
WHEREAS: Pursuant to Section 16 of the New York State Civil Service
Law, the common council of a city may withdraw from its existing form of civil
service administration and elect instead to give the county in which it is
located jurisdiction over civil service programs; and
WHEREAS: It is required by state law that all counties in the State of New
York have either a civil service commission or regional personnel officer, but
it is optional for cities, towns, villages, and school districts; and
WHEREAS: City of Buffalo officials have been exploring ways of reducing the
city budget without reducing city services; and
WHEREAS: The County Personnel Department presently administers civil service
programs for various towns, villages and school districts; and
WHEREAS: The disbanding of the city's Civil Service Commission, which has a
budget of $447,174 for year 1992-93, and consolidation with Erie County's
Personnel Department would save the city money and would end the duplication of
services now taking place; and
WHEREAS: If the City of Buffalo elected to withdraw from the administration
of its Civil Service Commission, it could then create a position, to oversee
compliance with State Civil Service law, in an existing city department.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council recognizes that innovative and sometimes drastic steps must
be taken to alleviate future budget deficits; therefore, we respectfully
request that the Mayor, Civil Service Commission, Commissioner of
Administration and Finance, Comptroller, and presidents of all City of Buffalo
labor unions respond to this suggestion by the next full council meeting,
January 5, 1993; and
BE IT FURTHER RESOLVED THAT
The City Clerk forward certified copies of this resolution to the State Civil
Service Commission, County Executive Dennis Gorski, County Attorney Patrick
NeMoyer, County Legislature, and Personnel Commissioner Richard Slisz for their
comments.
LOST.
AYES- COLLINS, COPPOLA, FRANCZYK, PERLA, ZUCHLEWSKI- 5.
NOES- AMOS, ARTHUR, BAKOS, BELL, FAHEY, HIGGINS, LOTEMPIO, PITTS- 8.
No. 211
BY: MR. FAHEY
APPOINTING RICHARD LIPPES TO THE JOINT CITY/COUNTY LEAD ACTION
TASK FORCE
WHEREAS: The Joint City/County Lead Action Task Force has been
actively pursuing solutions to the lead poisoning problem in our area; and
WHEREAS: The Task Force would benefit from a connection with the Buffalo
Environmental Management Commission (EMC) which is charged with providing
expertise and advice to the City on a variety of environmental issues; and
WHEREAS: Richard Lippes, Chair of the EMC, is well qualified to participate
on the Task Force as he has taken an active and constructive role in many
organizations such as the Sierra Club, the City of Buffalo Task Force on
Junkyards, the New York Civil Liberties Union, the Advisory Board for Lovejoy
Elderly and Youth, the American Jewish Committee, the Urban Waterfront Planning
Committee and the Atlantic States legal Foundation;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council hereby appoints Richard Lippes of the law firm of Allen,
Lippes and Shonn, 1260 Delaware Avenue, Buffalo, NY 14209 to the Lead Action
Task Force with the understanding that when Mr. Lippes will not be able to make
Task Force meetings EMC Executive Director James A. Smith will take his place
as a voting member of the Task Force.
ADOPTED.
No. 212
BY: MR. FAHEY
AMEND RETURN DATE OF HOUSING PRESERVATION REQUEST FOR PROPOSAL
TO FEBRUARY 8, 1993
WHEREAS: This Common Council has sent requests for proposals (RFP)
to various consulting agencies asking for a comprehensive study on Housing
Preservation within the City of Buffalo; and
WHEREAS: No responses to the RFP were submitted to Council staff prior to
the stated deadline of December 15, 1992.; and
WHEREAS: Because of the complexity of this study a new deadline of April 12,
1993 would provide sufficient time for consultants to analyze RFP objectives
and provide responses worthy of consideration; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council approves the extension of the return date deadline for the
Housing Preservation Study Request for Proposal to April 12, 1993; and
BE IT FURTHER RESOLVED THAT:
This Common Council directs Council Staff to amend the Housing Preservation
Study RFP to include the extended return deadline of April 12, 1993 and also to
notify prospective consulting agencies accordingly.
ADOPTED.
No. 213
BY: MESSRS. FAHEY & AMOS
HALF-WAY HOUSE 17 HIGHGATE
WHEREAS, Neighborhood residents have been told that the Episcopal
Diocese of Buffalo is planning to put a half-way house for former prostitutes
and drug abusers at 17 Highgate; and
WHEREAS, There was no prior planning or consultation with the neighborhood;
and
WHEREAS, Area residents have some concerns about how this proposed half-way
house will affect their neighborhood.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council requests that the Episcopal Diocese file a response
with this body as to their plans for 17 Highgate; and
BE IT FURTHER RESOLVED:
That this Honorable Body asks the Law Department for an opinion on whether 17
Highgate is properly zoned for this type of project and if a Council hearing is
required to approve location of this half-way house; and
BE IT FURTHER RESOLVED:
That the City Clerk forward a copy of this resolution to the Episcopal Diocese.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CHANCELLORY OF THE EPISCOPAL
DIOCESE, ST ANDREW'S CHURCH, UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT
CORPORATION, THE UNIVERSITY HEIGHTS BUSINESSMEN'S ASSOCIATION AND THE
CORPORATION COUNSEL.
No. 214
BY: MR. FRANCZYK
NAME ROETZER ST. PLAYGROUND
EDWARD (EDDIE) DAWSON PLAYGROUND
WHEREAS: For many years residents in the vicinity of Roetzer and
Genesee Streets have pointed to the need of a playground facility for the many
children in the neighborhood; and,
WHEREAS: Spearheading the fight for the playground was Mr. Edward M. Dawson,
popularly known as "Eddie;" and,
WHEREAS: As the indefatigable President of the Rohr Street Block Club, Mr.
Dawson lobbied City Hall for the much- needed recreation facility; and,
WHEREAS: As a result of Eddie's efforts, the Common Council earmarked city
capital funds to convert the long stretch of garbage strewn and weed-choked
property on Roetzer Street between Walden and Genesee Streets into a
playground; and;
WHEREAS: Today the Roetzer Street playground, with picnic area, basketball
courts and play-area for young children, has become a reality; and,
WHEREAS: In addition to bringing about the Roetzer Street playground, Mr.
Dawson has achieved near legendary status as a result of his block club
leadership in the Genesee and Rohr Street community; and,
WHEREAS: Thanks to Eddie's daily efforts, Rohr Street is one of the most
beautiful streets in Buffalo, despite the rise of crime, blight and dilapidated
housing throughout East Side neighborhoods; and,
WHEREAS: In addition to his visionary block club activism, Eddie has a long
and distinguished involvement with many organizations, including Board Member
of Citizens Alliance Corporation; Board Member of the Community Action
Organization; member of Neighborhood Advisory Council; Democratic Committeeman,
member Afro-American Historical Association, member of Buffalo River Citizens
Advisory Committee, member NAACP and many other organizations; and,
WHEREAS: Mr. Dawson worked for forty years as an Electrician and Motor
Winding Specialist and was a Steel Workers union activist before he retired
from Allied Chemical and Buffalo Color Corporation;
NOW THEREFORE BE IT RESOLVED:
That this Common Council, in recognition of his exemplary community activism,
hereby renames the Roetzer Street Playground, the Edward "Eddie" Dawson
Playground in honor of Edward Dawson of 112 Rohr Street;
BE IT FINALLY RESOLVED:
That a Public Hearing regarding the re-naming be held at the Regular Meeting of
the Common Council on Tuesday, January 19 at 2 p.m.
ADOPTED.
No. 215
BY: MR. FRANCZYK
385 PADEREWSKI DRIVE UTILITY BILLS
WHEREAS: The Polish Community Center of Buffalo, Inc. [PCCB] operates
385 Paderewski Dr. as a public building, providing youth and adult recreational
activities in the gym, meeting rooms for block clubs and other civic
organizations, overflow space for several classes from school 57 and hall
rentals for anyone who may be interested; and
WHEREAS: The PCCB has operated the building at a loss since leasing the
structure from the city nearly five years ago; and,
WHEREAS: The PCCB, like most other non-profit community centers has taken
enormous losses in state, county and city aid over the past few years and can
no longer afford to subsidize the operation of this building without seriously
compromising its fiscal condition; and,
WHEREAS: While the PCCB has taken steps such as the elimination of a
maintenance employee and weatherization of the structure in an effort to reduce
costs, last year's drastic reductions in City Grant-In-Aid funds and the
County's recent decision to cut funding to the PCCB's youth programs make it
very difficult for the PCCB to continue to operate the building without some
assistance; and,
WHEREAS: The Common Council included additional money in the 1992-1993 Budget
in the Division of Buildings, Operation and Maintenance of Public Buildings
account lines 221, 223 and 225 to provide for the gas, electric and water
utilities necessary to keep the building open.
NOW THEREFORE BE IT RESOLVED:
That This Common Council approves and directs the Division of Buildings
to reimburse the Polish Community Center of Buffalo, Inc., for gas, electric
and water utility expenses thus far this year and to continue to assume these
costs in the until otherwise directed.
PASSED.
AYES 13 NOES- 0.
No. 216
BY: MR. FRANCZYK
SALE OF AMTRAK PROPERTY AT CENTRAL TERMINAL
WHEREAS: The City of Buffalo, preservationists, community activists,
private developers and many others have been deeply concerned with the on-going
deterioration of one of Western New York's greatest edifice's, the New York
Central Terminal; and;
WHEREAS: Only a comprehensive redevelopment plan with a mass infusion of
private development dollars will fend off further decay, or most
alarmingly potential demolition; and,
WHEREAS: Sam and Bernie Tuchman, private developers who have been attempting
to restore the Central Terminal, have to date been stymied by continuing
federal, state and city court litigation, as well as a title struggle; and
WHEREAS: The successful redevelopment of the Central Terminal also depends
on the proper re-development of the twenty acre parcel of property to the West
of the Terminal owned by Amtrak; and,
WHEREAS: AMTRAK has recently solicited bids to sell the property by December
31, 1992; and,
WHEREAS: AMTRAK is currently negotiating a possible sale with an unknown
party who submitted the highest bid to acquire the property, which is also
believed to be land listed on the national Historic Registry; and,
WHEREAS: The potential redevelopment of the Terminal building might be
jeopardized if the property adjacent to it is sold to a party which could use
the land for scrap metal storage, or other industrial purposes, as has been
rumored; and,
WHEREAS: AMTRAK has landbanked this property for many years, including a
portion abutting Amity Street the city has earmarked for park expansion; and,
WHEREAS: AMTRAK is an agency created by the federal government and should
cooperate with other local government entities in assessing the highest and
best use of property vital to the revitalization of Buffalo; and,
WHEREAS: The sale of the AMTRAK property in question should be linked with
the overall development of the Central Terminal, and should not be sold to
speculators or a party which will assign a use to the land hindering the
redevelopment of the Central Terminal project;
NOW THEREFORE BE IT RESOLVED:
That the Common Council request AMTRAK to provide information relative to the
sale of the property in question, with an eye to supporting a development which
will benefit the restoration of the New York Central Terminal;
BE IT FURTHER RESOLVED:
That the Common Council request AMTRAK to refrain from selling the property
until a proposal which benefits the Central Terminal's redevelopment and the
adjacent parcel together can be adopted;
BE IT FINALLY RESOLVED:
That this resolution be forwarded to Western New York's area congressional
delegation, as well as Mr. John J. Turpin, AMTRAK Real Estate Marketing
director.
ADOPTED.
No. 217
BY: MR. HIGGINS
REQUEST ESTABLISHMENT OF CITY HAZWASTE REMEDIATION COORDINATOR
POSITION
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 1A of the report "If Not Now,
When?" which recommends the creation of the position of HazWaste Remediation
Coordinator within City government and requests the Mayor and the Buffalo Urban
Renewal Agency to take the necessary steps to develop a BURA contract to fund
the position and to file a response regarding this request with the City Clerk
by January 14, 1993; and
BE IT FURTHER RESOLVED THAT:
This Common Council directs the City Clerk to send a certified
copy of this resolution along with a copy of the report to the NYS Department
of Environmental Conservation (DEC), the NYS Department of Health (DOH), and
the Buffalo Environmental Management Commission requesting them to file
comments on the creation of this position with the City Clerk by January 14,
1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 218
BY: MR. HIGGINS
REQUEST ENVIRONMENTAL MANAGEMENT COMMISSION TO MONITOR PERFORMANCE
OF HAZWASTE COORDINATOR
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 1B of the report "If Not Now,
When?", which calls on the Buffalo Environmental Management Commission (EMC) to
monitor the performance of the proposed HazWaste Coordinator and include a
progress report on hazardous waste sites as part of the EMC annual report; and
BE IT FURTHER RESOLVED THAT:
This Common Council hereby requests the Environmental Management Commission to
monitor the performance of the HazWaste Coordinator and asks that the EMC file
a response to this request with the City Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 219
BY: MR. HIGGINS
COMMIT TO ADEQUATE FUNDING OF HAZARDOUS WASTE SITE CLEANUP AND
REQUEST MAYOR TO RESPOND
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 1C of the report "If Not Now,
When?" which calls for clear and specific budgeting for the cleanup of
hazardous waste sites each year; and
BE IT FURTHER RESOLVED THAT:
This Common Council hereby calls on the Mayor and the Department of
Administration and Finance to make the same commitment and requests them to
file a written response to this call with the City Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 220
BY: MR. HIGGINS
REQUEST DEVELOPMENT OF CITY PROPERTY HAZARD EVALUATION PROGRAM
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation ID of the report "If Not Now,
When?" which calls for the development of a city policy for property hazard
evaluation which includes a search of historical records, a checklist of
potential problems, and a set of criteria for determining when soil tests are
necessary ;and
BE IT FURTHER RESOLVED THAT:
This policy will apply to property which is currently owned by the city as well
as to land which the city seeks to buy or take through condemnation; and
BE IT FURTHER RESOLVED THAT:
This Common Council hereby calls on the Division of Planning to take the lead
in establishing a Property Environmental Review Committee to be made up of the
HazWaste Remediation Coordinator, representatives of the Mayor, the Common
Council, the Environmental Management Commission, the Departments of Law,
Community Development, Public Works and Assessment, the Comptroller's Division
of Real Estate, the NYS DEC and DOH, and the Erie County Department of
Environment and Planning, which will be in charge of developing a city property
hazard evaluation policy as well as developing a city response on sites which
are delisted by the DEC; and
BE IT FINALLY RESOLVED THAT:
This Council requests the Division of Planning to file a response to this call
with the City Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 221
BY: MR. HIGGINS
REQUEST A PLANNING PROCESS FOR THE USE OF DELISTED SITES
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 1E of the report "If Not Now,
When?" which calls for the establishment of a planning process for the use of
delisted sites ; and
BE IT FURTHER RESOLVED THAT:
This Common Council hereby calls on the Division of Planning to take the lead
in establishing a Property Environmental Review Committee which will assist the
city in securing the necessary information to make informed decisions as to the
proper development of delisted sites.
BE IT FINALLY RESOLVED THAT:
This Council requests the Division of Planning to file a response to this call
with the City Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 222
BY: MR. HIGGINS
REQUEST DEVELOPMENT OF A CITY ENVIRONMENTAL DATABASE
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation IF of the report "If Not Now,
When?" which calls for the development of a city environmental database that
will flag records in the assessment database when environmental information is
available on a given property and direct users to the source of the
information; and
BE IT FURTHER RESOLVED THAT:
This Common Council hereby calls on the Department of Data Processing to take
the lead in developing the City Environmental Database and requests them to
seek input from the Departments of Public Works, Fire, Law, and Assessment, the
Division of Real Estate and the Environmental Management Commission and to file
a response to this call with the City Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 223
BY: MR. HIGGINS
REQUEST CITY ORDINANCE ON JUNKYARDS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation IG of the report "If Not Now,
When?" which calls for the implementation of an ordinance to regulate the
formation, operation and closing of junkyards in the City of Buffalo; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests the Division of Licenses, in consultation with the
Departments of Fire, Law, and Inspections & Community Revitalization and the
Environmental Management Commission to finish the drafting of the "Junkyard
Ordinance" and present it to the Common Council by filing it with the City
Clerk by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 224
BY: MR. HIGGINS
REQUEST DEC TO CONTINUE SEEKING AUTHORITY TO FUND THE CLEANUP
OF HAZARDOUS SUBSTANCE SITES
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2A of the report "If Not Now,
When?" which calls on the NYSDEC to continue seeking the authority to use State
Superfund money to clean up hazardous substance sites which may present health
or environmental problems but which don't meet the narrow legal criteria
necessary to be listed as a hazardous waste site; and
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 225
BY: MR. HIGGINS
REQUEST DEC TO IMPROVE THE DELISTING PROCESS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and thoroughness with which hazardous wastes are being addressed in the
City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2B of the report "If Not Now,
When?" which calls on the NYSDEC to cooperate with the NYSDOH to develop a
system to fully inform future owners and users of a delisted site of any
problems involved with the site along with a plan of action for addressing
those problems;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 226
BY: MR. HIGGINS
REQUEST DEC TO EFFECTIVELY IMPLEMENT THE "DROP DEAD" CLAUSE FOR
HAZARDOUS WASTE SITES
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2C of the report "If Not Now,
When?" which applauds the DEC for developing a Drop Dead Clause in hazardous
waste site negotiations, and urges the DEC to develop specific timetables for
implementation of cleanup plans resulting from effective use of the Drop Dead
Clause;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 227
BY: MR. HIGGINS
REQUEST DEC AND DOH TO SET UP A JOINT SPECIAL PROGRAM ON LEAD
IN CITY SOILS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2D of the report "If Not Now,
When?", which requests the DEC to set up a joint Special Program with the DOH
to deal with lead in city soils and specifically requests the Program to
scientifically develop background and cleanup levels for lead in urban soils;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Departments of Environmental
Conservation and Health.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 228
BY: MR. HIGGINS
REQUEST DEC TO PUBLICIZE HOTLINES FOR THE REPORTING OF ILLEGAL
DUMPING
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2E of the Report :"If Not Now,
When?" which requests the DEC to publicize currently existing hotlines for the
reporting of illegal dumping;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 229
BY: MR. HIGGINS
REQUEST DEC TO DEVELOP IMPROVED PROCESSES FOR INVOLVING THE COMMUNITY
IN EVALUATING AND CLEANING UP HAZARDOUS WASTE SITES
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2F of the Report :"If Not Now,
When?" which requests the DEC to develop and implement effective citizen
involvement policies so that citizens are involved and educated throughout the
entire hazardous waste investigation and remediation process;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 230
BY: MR. HIGGINS
REQUEST DEC TO DEVELOP EXPENDITURE REPORTS WHICH DETAIL REMEDIATION
SPENDING IN BUFFALO AND ERIE COUNTY
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2G of the Report :"If Not Now,
When?" which requests the DEC to develop expenditure reports which clearly
describe spending on hazardous waste sites in Buffalo within the context of
countywide and statewide spending;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 231
BY: MR. HIGGINS
REQUEST DEC TO DEVELOP REPORT ON VIRTUAL ELIMINATION OF PERSISTENT
HAZARDOUS TOXINS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2H of the Report :"If Not Now,
When?" which requests the DEC to prepare a short report examining the State
Superfund program in light of the International Joint Commission's call for the
virtual elimination of persistent toxins in the Great Lakes Basin;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 232
BY: MR. HIGGINS
REQUEST DEC TO DEVELOP TIMELY
RECLASSIFICATION POLICY
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 2I of the Report "If Not Now,
When?" which requests the DEC to establish a publicized timetable for the
cleanup of Buffalo's sites and to establish a policy of reclassifying all "2A"
sites within one year of listing so that citizens are not left fearing the
worst about local sites;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the Report of the Task Force, a
certified copy of this resolution, and a request to respond to this resolution
by January 14, 1993 to the New York State Department of Environmental
Conservation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 233
BY: MR. HIGGINS
REQUEST THE GOVERNOR AND THE STATE LEGISLATURE TO AUTHORIZE THE
DEC TO USE STATE SUPERFUND DOLLARS TO CLEAN UP HAZARDOUS SUBSTANCE SITES
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 3A of the Report "If Not Now,
When?" which requests the Governor and the State Legislature to pass
legislation authorizing the DEC to spend State Superfund money on the
investigation and remediation of hazardous substance sites; and
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the report along with a certified
copy of this resolution to Governor Cuomo and the members of the Western New
York State Legislature Delegation with a request to respond to this resolution
by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 234
BY: MR. HIGGINS
REQUEST THE GOVERNOR AND THE STATE LEGISLATURE TO EXPAND SUPERFUND
USE FOR MUNICIPAL INVESTIGATION AND CLEANUP EFFORTS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 3B of the Report ,"if Not Now,
When?" which requests the Governor and the State Legislature to pass
legislation authorizing the DEC to spend State Superfund money on sites which
are classified as "3" on a 75%-25% basis if the municipality wishes to pursue
cleanup of the site;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the report along with a certified
copy of this resolution to Governor Cuomo and the members of the Western New
York State Legislature Delegation with a request to respond to this resolution
by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 235
BY: MR. HIGGINS
REQUEST THE GOVERNOR AND THE STATE LEGISLATURE TO AUTHORIZE AND
FUND A JOINT DEC/DOH PROGRAM ON ENVIRONMENTAL LEAD
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 3C of the Report :"If Not Now,
When?" which requests the Governor and the State Legislature to pass
legislation authorizing and funding a joint DEC/DOH program on environmental
lead as outlined in the DEC recommendations section of the report;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the report along with a certified
copy of this resolution to Governor Cuomo and the members of the Western New
York State Legislature Delegation with a request to respond to this resolution
by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 236
BY: MR. HIGGINS
REQUEST THE GOVERNOR AND THE STATE LEGISLATURE TO STUDY ADDING
CONSTRUCTION AND DEMOLITION SITES TO THE STATE REGISTRY
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 3D of the Report "If Not Now,
When?" which requests the Governor and the State Legislature to study the
addition of inactive construction and demolition disposal sites to the
Hazardous Waste Site Registry pending data which shows them to be clean of
contaminants which threaten public health and the environment;
BE IT FURTHER RESOLVED THAT:
The City Clerk be directed to send a copy of the report along with a certified
copy of this resolution to Governor Cuomo and the members of the Western New
York State Legislature Delegation with a request to respond to this resolution
by January 14, 1993.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 237
BY: MR. HIGGINS
REQUEST THE FBI TO RENEW ITS ADVERTISING CAMPAIGN ON ILLEGAL DUMPING
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 4A of the Report "If Not Now,
When?" which requests the Federal Bureau of Investigation to renew its
advertising campaign encouraging citizens to report illegal dumping with a
focus on past dumping practices and potential hazardous waste sites;
BE IT FURTHER RESOLVED THAT:
The FBI be requested to make local results of this campaign to the HazWaste
Remediation Coordinator and the Buffalo Environmental Management Commission;
and
BE IT FINALLY RESOLVED THAT:
Copies of the Report of the Task Force, as well as a request to respond to this
resolution by January 14, 1993, be sent to the FBI, and the local congressional
delegation;
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 238
BY: MR. HIGGINS
REQUEST FURTHER FEDERAL FUNDING FOR LEAD REMEDIATION EFFORTS
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 4B of the Report :"If Not Now,
When?" which requests the federal government to provide adequate funding for
lead remediation programs;
BE IT FURTHER RESOLVED THAT:
Copies of the Report of the Task Force, as well as a request to respond to this
resolution by January 14, 1993, be sent to President Clinton and to the local
congressional delegation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 239
BY: MR. HIGGINS
REQUEST FEDERAL OFFICIALS TO CONSIDER FUNDING FOR THE STATE SUPERFUND
WHEREAS: After due deliberation, the Common Council Hazardous Waste
Task Force has released a report, titled "If Not Now, When?" which calls for
specific actions by the City, the NYSDEC, the Governor and the State
Legislature, and the federal government; and
WHEREAS: The goal of the Task Force recommendations is to increase both the
speed and the thoroughness with which hazardous wastes are being addressed in
the City of Buffalo;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council endorses recommendation 4C of the Report "If Not Now,
When?" which requests the federal government to consider funding for the State
Superfund in light of indications that the program will run out of money before
meeting its mandate;
BE IT FURTHER RESOLVED THAT:
Copies of the Report of the Task Force, as well as a request to respond to this
resolution by January 14, 1993, be sent to President Clinton and to the local
congressional delegation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES ARTHUR- 1.
No. 240
BY: MR. PERLA
ENFORCEMENT OF NOISE ORDINANCE
WHEREAS: Section 293-1 of the ordinances of the City of Buffalo
addresses the issue of unreasonable noise; and
WHEREAS: Though this law has been on the books since July 31, 1990,
enforcement has been minimal at best; and
WHEREAS: Noise is still a major problem in many areas of our city; and
WHEREAS: This ordinance must be enforced in order to protect the health,
safety, welfare, peace and quiet of the citizens of our city;
WHEREAS: A "summons form to assist the police department enforcement of this
law has not yet been produced;
NOW, THEREFORE BE IT RESOLVED:
That the Corporation Counsel file with this Common Council all necessary steps
that must be taken to enforce section 293-1 of the city ordinances; and
BE IT FURTHER RESOLVED:
That this report be filed in time for the next stated meeting of the Common
Council.
ADOPTED.
No. 241
BY: MR. PERLA
AFTER SCHOOL SECURITY PROGRAM
WHEREAS: Earlier this year, the Buffalo Board of Education Security
Division and the Buffalo Police Department, in a cooperative effort, developed
and operated a ten-week after school security patrol program which has
subsequently expired; and
WHEREAS: The program funded by the Board of Education paired Buffalo Police
Officers with Board Security Officers to patrol the side streets around city
schools during dismissal to discourage violence, vandalism, and other rowdy
behavior; and
WHEREAS: Staggered dismissal times at the various schools maximized the
effectiveness of the Police Patrols; and
WHEREAS: The Buffalo Police Department provided ten to twelve Police cars at
no charge and twenty-two to twenty-four Police Officers for one-half shift from
1:00 P.M. to 5:00 P.M. on school days, for which the Board of Education
reimbursed the City of Buffalo for the salaries of the officers; and
WHEREAS: The Board of Education has not proposed to renew funding for this
highly effective program, despite the fact that the program cost is less than
$30,000 and the unfortunate incidents in and around schools warrant its
continuation; and
WHEREAS: The Common Council is erroneously bearing the brunt of complaints
from angry parents who have been led to believe that Councilmembers cut the
funding for this proposal;
NOW, THEREFORE, BE IT RESOLVED:
The Common Council request that the Board of Education appropriate the
necessary level of funding to continue the After School Security Patrol program
in cooperation with the Buffalo Police Department; and
BE IT FURTHER RESOLVED:
That upon its adoption, the City Clerk forward certified copies of this
resolution to the Superintendent of Schools, each member of the Board of
Education, and the Commissioner of Police.
ADOPTED.
No. 242
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
03 - MAYOR & EXECUTIVE DEPARTMENT
001- EXECUTIVE FUNCTION
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 03-05 - Mayor and Executive Department, under the
subheading "001-Executive Function" which reads:
1 Receptionist (Mayor) $20,382 - 23,017
is hereby amended to read:
1 Telephone Operator $19,789 - 22,237
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JAMES D. GRIFFIN, Mayor and THOMAS F. KEENAN, Director of the Budget,
hereby certify that the deletion of one (1) Receptionist (Mayor) position and
the creation of one (1) Telephone Operator position is necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 243
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
20 - DEPARTMENT OF POLICE
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 20-1 Office of Police Commissioner under the subheading
"003 - Investigations Division" which reads:
12 Police Lieutenant $40,019
is hereby amended to read:
8 Police Lieutenant $40,019
4 Asst. Chief of Detectives $42,843
WE, RICHARD T. DONOVAN, Commissioner of Police and THOMAS F. KEENAN,
Director of the Budget, hereby certify that the creation of four (4) Asst.
Chief of Detectives and the deletion of four (4) Police Lieutenants is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
positions be fixed at the respective amount set forth in the foregoing
ordinance.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 244
BY: MR. PITTS
SUPPORT CROSSROADS SITE
WHEREAS, in response to expressions of views made by members of
this Council and the Mayor of the City of Buffalo and representatives of Erie
County government, the Buffalo Sabres organization, after consultation with
members of banking, business and other community groups, have introduced a plan
for the development of a community sports and entertainment center to be
located at the "Crossroads Site" in downtown Buffalo (the "Crossroads
Project"); and
WHEREAS, the plan for development of the Crossroads Project contemplates
a cooperative effort and financial participation by both the private and public
sectors, including the City of Buffalo, the County of Erie and the State of New
York, in order for the Crossroads Project to become a reality; and
WHEREAS, the Mayor of the City of Buffalo has indicated his support of
the Crossroads Project and has expressed his desire for the City of Buffalo to
participate in the Crossroads Project; and
WHEREAS, the City Task Force, which includes members of this Council, has
been established to review the plans for development of the Crossroads Project
put forth by the Buffalo Sabres and to make recommendations relative to the
participation by the City of Buffalo in the Crossroads Project;
NOW, THEREFORE, BE IT
RESOLVED, that the Common Council expresses its strong support for
development of a community sports and entertainment center at the Crossroads
site in downtown Buffalo as the new home of the Buffalo Sabres; and be it
further
RESOLVED, that the Common Council endorses a multi-level public and
private partnership for the development and financing of the Crossroads
Project, including participation by the State of New York and the Buffalo
Sabres; and be it further
RESOLVED, that the Common Council requests the full support of Governor
Mario Cuomo and members of the Western New York delegation to the State Senate
and Assembly for the Crossroads Project; and be it lastly
RESOLVED, that the Clerk be directed to send certified copies of this
resolution to the Governor and the Western New York delegation.
ADOPTED.
No. 245
BY: MR. PITTS
UNDERTAKE SEQR FOR DOWNTOWN ARENA
WHEREAS, a general consensus has been reached on the Crossroads
site as the most appropriate location for a new downtown sports arena; and
WHEREAS, significant private and public efforts and resources have been
focused on such a project; and
WHEREAS, compliance with the State Environmental Quality Review Act is
required for public participation in such a project; and
WHEREAS, it would be in the best interests of the City to have such
compliance be initiated as soon as possible as part of the planning of a
downtown sports arena;
NOW, THEREFORE, BE IT
RESOLVED, that the Commissioner of Community Development be and hereby is
authorized to solicit proposals from qualified consultants to undertake such
reviews and reports as may be required under the State Environmental Quality
Review Act for the proposed downtown sports arena and to report back to this
Council on such proposals; and be it further
RESOLVED, that the Commissioner of Community Development solicit such
proposals with input from the Buffalo Sabres organization; their consultants
and a subcommittee of the Auditorium and Stadium Task Force.
ADOPTED.
No. 246
BY: MR. PITTS
ISSUANCE OF TEMPORARY CERTIFICATE OF OCCUPANCY - 743 MAIN STREET
WHEREAS: The property at 743 Main Street has been vacant for a
number of years. Previously the building housed an electronic's business and
Ballet company, and
WHEREAS: The owners of the property have been renovating the first floor, along
with the tenant to provide for a planned Cabaret, and
WHEREAS: On November 5, 1992 a building permit was issued to allow for the
conversion and use of the first floor. Renovation continues to bring the
building into code compliance, however, the Cabaret cannot open without a
Certificate of Occupancy, and
WHEREAS: While the building is being renovated it is in substantial compliance
with the building code. A temporary Certificate of Occupancy may be issued
which would stipulate a period of time within which the renovations should be
completed, and
WHEREAS: A temporary Certificate of Occupancy would allow the Cabaret to open
and satisfy requirements for the State Liquor Authority. Besides, the
establishment of the Cabaret finally brings a badly needed business to that
area of Main Street.
NOW THEREFORE BE IT RESOLVED THAT:
The Common Council requests the Department of Inspections and Community
Revitalization to issue a temporary Certificate of Occupancy for 743 Main
Street.
ADOPTED.
No. 247
BY: MR. PITTS
HIRE CONSULTANT TO ASSIST IN FRANCHISE RENEGOTIATIONS
WHEREAS: The City's current cable television franchise agreement
with TCI of New York expires in February 1994; and
WHEREAS: The Common Council's Special CATV Committee is in the midst of the
refranchisement process, the results of which will have a significant impact on
cable TV in Buffalo in the future; and
WHEREAS: In order for the new franchise agreement to be the best possible
contract for Buffalo's cable subscribers, it is important that the city have
the assistance of a national consultant with extensive knowledge of and
experience in such matters;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council's Special CATV Committee hereby be authorized to hire a
consultant to assist the City of Buffalo in its cable television franchise
negotiations.
BE IT FINALLY RESOLVED:
That upon the selection of a consultant, the Special CATV Committee submit the
name of the recommended consultant to the Common Council or Approval.
PASSED.
AYES- 13 NOES- 0.
No. 248
BY: MR. ZUCHLEWSKI
LEASE 28 HERTEL AVENUE
WHEREAS: The City of Buffalo has title to the property known as
28 Hertel Avenue; and
WHEREAS: Oakgrove construction has been awarded the contract to renovate the
Niagara Section of the New York State Thruway; and
WHEREAS: Oakgrove has requested the use of the foot of Hertel Avenue as a
staging area for equipment and personnel; and
WHEREAS: The use of this site will minimize the travel of heavy equipment on
the Thruway; and
WHEREAS: Certain in-kind services should be provided to the City by Oakgrove
Construction;
NOW, THEREFORE BE IT RESOLVED:
That the Division of Real Estate negotiate a lease with Oak grove Construction
for the use of 28 Hertel Avenue; and
BE IT FURTHER RESOLVED:
That the Division of Real Estate file with this Council the results of lease
negotiations with Oak grove Construction.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 249
BY: MR. ZUCHLEWSKI
APPOINTMENTS COMMISSIONER OF DEEDS
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:
Carol A. Benz Roslyn Santa Lucia
Elizabeth A. Bienko Linda M. Savage
Anntheresa Boller William B. Savage
Edith Boller Thomas G. Sztaba
Shirley A. Boyd Louise B. Szymczak
Marilynn E Bradley Ronald E. Thaler
Salvatore R. Butera Robert L. Weber
Broderick J. Cason Sophia Welsh
Marie E. Ciambor Reola Wiley
Florence Cirino Sharon G. Wright
Lillian F. Cirino Teresa M. Carlisle
Carol Coniglio Jill A. Crist
John E. Crawford Nora A. Diggins
Mary R. Crotzer Noralyn A. Dillon
Angeline L. Czarwecki Madonna Enright
Deborah Dahlberg Susan Etu
Donald P. Dingeldey Carol Tato
Michael Drabik Maureen Wilson
Linda M. Egidi Linda A. Foley
Sharon J. Fine Patricia J. Farina
John J. Flynn Rita Marsillo
Scott W. Gehl Katie Mueller
Kathleen A. Grabiec Cynthia Koren May
Rebecca M Grosso Mary Beth Iwanski
Shirley A. Graziadei Carla A. Holmes Oakes
Joan Gruszecki Thomas Shea
Joanne F. Haberer Linda Biermann Manz
Rochelle K. Herring Lucinda L. Maltzan
Scott E. Hirsch Laura Olson
Barbara P. Ivy Linda Milbrath
Joyce S. Jowdy Kimberly Kadziolka
Mary Ann Kelly Lester Kelly
Andreana Lapiana Charlene Johnson
Kimberly A. LoCurto Lynda A. Leman
Jackie Long Alan Jankowski
Diane McGrier Cheryl A. Bender
Marcia A. K. Murphy Robert B. Garretson, Jr.
Virginia P. Norris
David Olivieri
Ann E. Pastwick
Barbara A Peoples
Anthony Pezzino
Joseph F. Pezzino
Richard F. Pezzino
Nicholas A. Pierino
Craig Posmantur
Doreen S. Posmantur
Carmelo J. Rossitto
Total 86
ADOPTED.
No. 250
BY: MR. ZUCHLEWSKI
APPOINTMENTS COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER PERFORMANCE
OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Norman J. Birner Sally S. Faulise
Joseph Catanzaro Thomas G. Feldmeyer
Philip Conti, Jr. Linda L. Fleming
John P. Evans Sharon Fortunato
John P. Fahey Ruth Ann Frank
Earl O. Free Thomas P. Gatto
Christine A. Herring Marie R. Gerardi
Rosemary L. Hoch Calvin J. Hall
John A. Lydon Jr. Alvin H. Hargro
Charles G. Martha Serena M. Hayes
David L. Wayne Marion T. Hearon
Augustine Zogaria Colleen M. Higgins
Louise Ann Alessi Connie Johnson
Nadine Alverson John L. King
Patricia Amplement Dierdre J. Knightner
Joyce Atwell Loretta Kostrzewski
Sharon Bardo James M. Krasowski
Joanne Barnes Maureen Krause
Sharon D. Berthiaume Paula Y. Kregg
Barbara M. Bittner Marilyn A. Labban
Debra A. Blando Peter M. Lang
Edward V Blonski Doreen M. Leidolph
Jodi L. Boeheim David S. Leone
Frank C. Boncore Geraldine Lewis
Maureen M. Brinkworth Joseph T. Lovullo
Robert D. Bukowski Michael Lyons
Susan Burton Catherine A. McDermott
Eugenia G. Busch Richard McDermott
Robert Caico William D. McGuire
Audrey Cannizzaro John J. Mills
Gloria Caraballo Carlyle J. Moran
Barbara Casagrande Timothy M. Mulhern
Carol A. Christopher Arinna Neal
Ronald J. Christopher James Nogowski
Karen L. Clancy Donald A. Ort
Michael K. Clarke Charles P. Palumbo
Mark A. Cooper, Jr. Helen Panikowski
Rose P. Corcoran Barbara C. Pannozzo
Cynthia Cordero Concetta Parisi
Mary C. Coughlin Patrick M. Pascall
Ruby L. Culverhouse Millard D. Perry
Zola Davis Suzanne M. Piccolo
Mary Margaret Devany Janice G. Popielski
Anthony Domino Laverne M. Preston
Shirley A. El-Amin Charles J. Priore
Gloria Fabbro Gregory S. Rodemeyer
Mary Rogers Alicia R. Surdyk
Teresa Rose Carl E. Szarek
Donna J. Rush Bonnie Jean Tolbert
Deborah J. Saia Lorraine P. Turchiarelli
Arlene C. Sciandra Dolores R. Wyman
Paula M. Sebastian Harold J. Baumann
Dolores Skotnicki Donald G. Braun
Sandra Smith Joanne W. Browne
Sandra Soldi Ronald B. Carey
Jonnie C. Story Joel M. Carter
John A. Tarapacki Richard W. Degnan
Patricia A. Thuman John J. Fahey
Joseph Totaro Anthony V. Fasanello
Michael D. Turman Russell A. Fiorella
Ronald D. Walker, Sr. Robert A. Gemerek
Kevin M. Whelan Maxine E. Hare
Paulette White-Jones David W. Hess
Deidra M. Whiteside Robert W. Hickey
David E. Williams Lucille C. Hicks
Gaynell Williams John Holenski
Lucretia P. Williams Jane Lussier
Chet Wrobel Margaret M. Malkinski
Albert J. Young Anna D. Martin
John P. Fahey John J. Meegan
Geraldine F. Cardarella James W. Perry
Rosemary Faso Robert W. Rice
Chester J. Paluch, Jr. Barry R. Romeo
Theresa E. Callahan David Rosolowski
George Campbell James R. Schaab
Dominic Carnevale Peter P. Schifferli
Joseph A. Cartonia, Jr. Francis X. Schwab
Sharon L. Cartonia Marguerite L. Spears
Roger J. Chambers Robert G. Swan
Emilio Cicatello Dorothea Larson
Anna M. Coronado Martin H. Bayerl
John J. Crangle, Jr. Vernon K. Beaty
Maureen T. Crangle Charles M. Beilein
Donald J. Cummins Gerald R. Belton
Brian M. Dunn Marilyn Betz
Robert Freed Joseph F. Biehunik
Thomas A. Gaglione Kenneth M Bienko
Daniel M. Gregorio John G. Blakita
Julie M. Kane Mark W. Blankenberg
Peter G. Karamarios Gregg G. Blosat
Mary M. Keane Thomas A. Bluff
Maureen A. Kindel John M. Bohen
Arthur J. Kutus William E. Bowen
John W. MacCarone Patricia A. Bowers
Edward J. Mahoney Kenneth E. Bratos
Eileen Mahoney John F. Brill
Maureen S. McGurn Kathleen Brown
Cheryl A. Mulhollnad Kenneth Burgstahler
John D. Perrone Ernest W. Bursie
Moody Pugh, Jr. Robert L. Calabrese
Bruce L. Recla Louis J. Callari
Rogelio Rivera Gerard A. Calvaneso
Dennis V. Ryan Angelo T. Cannizzaro
Julia W. Ryan Paul J. Cardarella
Salinda Smith Paula P. Carducci
Philip D. Smolinski Robert P. Carey
Ronald J. Spadone John F. Carlin
Joseph L. Carlo Jacquelyn B. Ebert
Calvin D. Carter Marie A. Halbina
David Caruso Pamela M. Hietanen
Obed Casillas Pauline Young
Robert Chella George A. Gould
Michael Chernetsky Ronald F. Baron
James Chiro Margaret M. Burvid
Michelle Chura Lisa CapeIl
Gery Chwojdak Camille L. Colosimo
Darlene Coplin Mary K. Comerford
William D. Cusella David J. Gannon
Mary E. Gasper Antoinette M. Genco
Carolyn D. Lukaszewski Carol M. Getz
Robert T. Meegan Geraldine M. Kaczmarz
Crystalea Burns Peletier Caroline J. Kapinos
Daniel E. Redmond Patricia K. Kibby
Leon A. Rydza Ann E. Klenk
Michael D. Smith Mary Ann Kochersberger
Thomas M. Vivian Karen A. Kosmowski
Anthony D. Wills Marilyn LaPiana
Thomas J. Wishman Diana M. Lauber
Gerald Wright Gerald J. Maiola
James E. Hornung Kathleen A. Marciano
Linda A. Krempa Gina A. Mazuca
Kathleen S. Kumro Frank J. Mazur, Jr.
James N. Leary Michael P. McKeating
Dale F. Senn Rosemarie A. McKenna
Nancy Smith Bruna Michaux
Edna E. Watkins Suzanne Moores
Susan J. Anderson Salvatore A. Morreale
Martin A. Grunzweig Charlene M. Nikiel
Gretchen M. Hurst Ruth O'Leary
Sandra L. Karn Roger A. Parsons
Irene M. Masino Patricia A. Pelow
Patricia Bartolone Debbie A. Renzoni
Ana Maria Benitez Laura Rucinski
Stanley H Depczynski Barbara A. Slominski
Dorothy Derrico Lawrence A. Tyler
Robert V. Doyle Charlene A. Vitale
Joseph M. Falzone Phillis A. White
Kathleen D. Ford Theresa A. Zielinski
Barbara L. Gemerek
Beverly Johnson
Gail A. Marino
Julia Massaro
Jean E. McNamara
Cleta Nunn
Nicholas Pizzuto
Kathleen Schmitt
Debra L. Dlugosz
Joanne M. Karamanos
Suzanne E. Dossinger
Gerald P. Fronckowiak
Violet B. Hall
Arthur L. Kane
Patricia R. Lasota
Nancy J. Lauria
Sharon Levy
Maureen A. O'Connell
Robert R. Sanford
Lydmia V. Santiago
Judith A. White
TOTAL 317
ADOPTED.
No. 251
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 29, 1992 9:30 AM
FINANCE Tuesday, DEC 29, 1992
Immediately Following Civil Service
LEGISLATION Tuesday, DEC 29, 1992 2:00 PM
ECONOMIC DEV. Tuesday, DEC 29, 1992, 11:00
ANCILLARY COMMITTEES
CATV COMM./RM 1417 Wednesday, Dec 30, 1992, 10:00 AM
No. 252
ADJOURNMENT
On a motion by Mr. Fahey, Seconded by Mrs. LoTempio the Council
adjourned at 4:25 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 # 11
Mayor's Office-201 City Hall
December 17, 1992-11:05 a.m.
Present: George K. Arthur, Council President; James D. Griff in,
Mayor; R. Michael McNamara, Deputy Comptroller
Absent: None
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 December 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-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of December 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-3. Noes-0.
No. 3
On motion by Mr. Griffin, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.