HomeMy WebLinkAbout93-0105
No. 1
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 5, 1993
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, January 5, 1993
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. Bakos, the minutes of the stated
meeting held on December 22, 1992, were approved
FROM THE MAYOR
No. 1
Veto Ordinance Amendment/Parking Meters
Item # 136, C.C.P. 12-22-92
I am vetoing the above referenced resolution because of its negative
impact on the City's current operating budget. The Budget Division advised
Your Honorable Body that they estimated approval of this ordinance amendment,
which decreases parking meter rates from $.50/hour to $.25/hour, would cost the
City $500,000 per year in lost revenues and an additional $61,000 to
recalibrate the meters. The city simply cannot afford this $561,000 budget
variance.
Your Honorable Body approved the increase from $.25/hour to $.50/hour and
used the anticipated increase in revenue to balance the 1992-93 budget. I
don't believe you can now pass legislation that would cause the City not to
realize that anticipated revenue unless such legislation is accompanied by a
corresponding cut in costs or increase in another revenue source. You have not
provided such alternatives.
I understand this rate reduction was prompted by complaints from
neighborhood business districts. It is my suggestion that if Your Honorably
Body wants to deal with that group of parking meters without jeopardizing the
integrity of the current budget you should pass legislation that would change
the rates for those districts only effective July 1, 1993. Instead the
legislation you passed would immediately reduce the rate for all meters,
including downtown and hospital areas, leaving no time to make the necessary
budget adjustments.
I am asking that you sustain this veto and reconsider your objectives
before the City budget is unnecessarily dealt another major setback.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Veto Utility Bills for Polish Community Center
Item # 215, C.C.P. 12-22-92
I am vetoing the above referenced resolution which 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 until otherwise directed.
No estimate of what these costs will be is provided. Any authorization
for the City to pay utility costs of a community center should include a cap on
annual expenses and/or be subject to certification by the City Budget Director
that funds are available for this purpose.
The resolution approving payment of utility bills for the Polish
Community Center includes a "Whereas" which states "The Common Council included
additional money in the 1992-93 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."
This simply is not true. The record clearly shows that the Council reduced my
recommended budget in these accounts by a total of $69,694.
You cannot responsibly cut utility appropriations for existing buildings
and then try to add the expense of additional buildings during the year.
I am requesting that you sustain my veto of this item.
Mr. Fahey moved to Override the Mayor's Veto - Utility Bills for the
Polish Community Center (Item No. 215, C.C.P. December 22, 1992). Seconded by
Mr. Franczyk.
REPASSED.
AYES- 13 NOES- 0
No. 3
Appointment Deputy Mayor
Pursuant to the Powers vested in me under Section 80 of the Buffalo
City Charter, I hereby appoint Raymond K. McGurn of 48 Narragansett Road,
Buffalo, NY 14220, as Deputy Mayor.
Mr. McGurn is 41 years of age. He is a graduate of Bishop Timon High
School and Canisius College, with a Bachelor of Arts in Sociology.
Mr. McGurn served as Director of Substance Abuse Services for the City of
Buffalo from March 1991 to the present. He was a Building Inspector for the
City of Buffalo from September 1985 to March 1991 and worked at the Buffalo and
Erie County Private Industry Council from March 1984 to September 1985. He
previously worked for 10 years at the Republic Steel Corporation as a steel
worker. Mr. McGurn is involved in numerous community organizations.
Based upon his education, experience and background, I hereby certify
that Mr. McGurn is well qualified to serve as Deputy Mayor.
RECEIVED AND FILED.
No. 4
Reappointment of Member of Examining Board of Plumbers
Pursuant to the Provisions of Section 40-A of Article 4 of the
General City Law of the State of New York and Section 311, Article 17 of the
City Charter, I hereby reappoint Paul H. Dellinger, residing at 95 Woodward
Avenue, Buffalo, New York - 14214, as a member of the Examining Board of
Plumbers, for a term expiring December 31, 1995.
Paul H. Dellinger, an Assistant Engineer, Buffalo Board of Education, and
owner of Dellinger Plumbing, P.O. Box 164, Hertel Station, Buffalo -14216, has
held a City of Buffalo Master Plumber's License for twenty-three years (23) and
has operated his plumbing business during that same time. Mr. Dellinger is
past President of Plumbing Contractors Association of Erie County, New York,
Inc., and is past Treasurer of the New York State Plumbing Contractor's
Association.
I hereby certify that Paul H. Dellinger is fully qualified for
reappointment to the Examining Board of Plumbers.
RECEIVED AND FILED.
No. 5
Reappointment of Member of Buffalo Environmental
Management Commission
Pursuant to the powers vested in me by Section 318.2 of the Charter
of the City of Buffalo, as amended, I hereby reappoint Edward Linder, residing
at 140 Lincoln Parkway, Buffalo, New York - 14222, as a member of the Buffalo
Environmental Management Commission for a term expiring on December 13, 1994.
I hereby certify that Edward Linder is fully qualified to serve as a
member of the Buffalo Environmental Management Commission.
RECEIVED AND FILED.
No. 6
Reappointment of Member of Citizens Salary
Review Commission
Pursuant to the powers vested in me by Article 24, Section 452-A
of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I
hereby reappoint Moira G. Sullivan, residing at 731 West Ferry, Buffalo, New
York - 14222, as a member of the Citizens Salary Review Commission for a term
expiring December 31, 1995.
I hereby certify that Moira G. Sullivan is fully qualified for
reappointment to the Citizens Salary Review Commission.
RECEIVED AND FILED.
No. 7
L. Laugeman - Restore Teacher Aide Funding
Item # 64, C.C.P. 12/8/92
The above referenced item regarding the restoration of Teacher
Aides at the Bennett Park Montessori School has been referred to this office
for comment. Attached please find a letter I have sent to the Staff, Parents
and Students at the school which explains my position on their request for
funding.
RECEIVED AND FILED.
No. 8
B. Pullins - Council Reinstate Security Patrols
Item # 66, C.C.P. 12/8/92
The above referenced item regarding a request to reinstate the
after school security patrols program has been referred to this office for
comment. Attached is a letter I recently sent to Newburgh & Courtland Block
Clubs which explains my position on this matter.
RECEIVED AND FILED.
No. 9
Erie County Sales Tax
Erie County has included the entire proceeds from the eighth per
cent of County sales tax in the 1993 County budget. In 1993, the eighth per
cent is projected to provide nearly $88 million. The attached chart shows how
the $88 million would be distributed if the current Sales Tax Distribution
Formula (for the other 3% of local share) were used.
Cities, towns, villages, and school districts in Erie County supported
the enactment of the eighth per cent in 1985 exclusively for Erie County as a
temporary measure to eliminate the County's $75 million deficit. The debt
service on the County bonds issued in 1985 to eliminate the deficit will be
$8,269,600 in 1993 with the final payment in 1994. Surely, it is time to end
the arrangement, brought about by a fiscal crisis of nearly a decade ago, that
dedicates the entire proceeds of the eighth per cent to Erie County.
County Legislator Mike Fitzpatrick has sponsored legislation to develop a
5 year plan to phase-in a sharing of the 8th per cent. This legislation, if
enacted, would provide the savings between the 1990 and 1993 debt service
amounts on the $75 million in deficit bonds to be shared by local governments
and school districts. This debt service declines from $9,920,350 to
$8,269,600, a savings to the County of $1,650,750. This savings grows to the
entire $9,920,350 in 1995 after the final payment is made in 1994.
The current legal extension of the 8th per cent is scheduled to expire on
February 28, 1993. At present, it appears that Erie County will ask for
continuation of the 8th per cent indefinitely into the future. Therefore, the
8th per cent can no longer be considered the temporary tax dedicated
exclusively to the Erie County fiscal crisis that cities, towns and villages
supported in 1985. If the 8th per cent is a permanent tax, it must be shared
by the County with local governments and school districts as the other 3% local
portion of the sales tax is shared.
I hereby request Your Honorable Body to pass a memorialization to the
State Legislature on future State authorization for an extension of the eighth
per cent of County sales tax. Such a memorialization should request that
future State law not mandate that the entire proceeds of the eighth per cent be
dedicated exclusively to Erie County. This would be a first step in a process
to negotiate a County sharing of the eighth per cent with local governments and
school districts in Erie County.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 10
Goldome - Request to Erect a Pole Sign at 2165 Delaware
Item No. 87, C.C.P. 12/22/92
The City Planning Board, at its regular meeting held Tuesday,
December 29, 1992, considered the above application pursuant to Section 387-19
of the Buffalo Code - The Review of Pole Signs.
The applicant seeks to erect an illuminated, accessory, pole sign with a
sign face area of 48 square feet (3 feet x 16 feet) and an overall height of 18
feet. The sign will be entirely on private property.
The site is located in a C2 zone, which permits such signage. Under
S.E.Q.R., the proposed sign may be 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.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
1992 Report to Elected Officials and Appointing Authorities
The Buffalo Environmental Management Commission is pleased to
provide its three appointing authorities and local officials with copies of its
1992 Report to Elected Officials. The Report briefly presents the actions and
views of a representative and informed official citizens' panel regarding key
environmental and human health issues which affect our city's well-being. Among
these issues are mandated environmental review/referral, scrap materials
handlers regulation, the proposed Peace Bridge Inspection Facility, inactive
hazardous waste sites, the Buffalo schools, and drinking water quality. There
are of course many other such significant environmental matters meriting our
city's attention.
The Commission thanks the Mayor, Common Council, Comptroller, and Chamber
of Commerce for the opportunity to have served in 1992, and looks forward
toward being of use in 1993 to these individuals and entities, as well as to
the public at large. The Commission thanks all who have supported it.
RECEIVED AND FILED.
FROM THE BUFFALO WATER BOARD
No. 12
Resignation Of Board Member
(Craig E. Speers)
This letter is to officially notify you that I will be resigning
as a member of the Buffalo Water Board, effective December 31, 1992.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 13
Certificate Of Necessity Increased Appropriation
Appropriation Allotments - Reserved Fund Balance
Department Of Audit & Control
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $8,000 in the estimates for the fiscal year beginning July l, 1992
is necessary in Appropriation Allotments -Department of Audit & Control 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 30, 1992
RECEIVED AND FILED.
No. 14
Results of Negotiations 28 Inter Park, N 251' E Humboldt
Vacant Lot: 30' x 120'
Assessed Valuation: $450
Item # 19, C.C.P. 7/21/92
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Rivera of 45 Laurel Street, Buffalo, New York 14208. She intends to
use this property to black top and fence in for privacy.
An independent appraisal of the property was conducted by Mr. Richard
Bronstein, 3666 Main Street, Buffalo, New York 14226. He has estimated the
fair market value to be Three Hundred and Fifty Dollars ($350.00). The
Division of Real Estate has investigated the sales of similar lots in the area
and concurs with the appraisers estimate of value.
The results of our negotiations are that Ms. Rivera has offered Three
Hundred and Fifty Dollars ($350.00) for the vacant lot at 28 Inter Park. He
has also agreed to pay for the cost of appraisal, transfer tax, recording fees
and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
28 Inter Park to Tonie Rivera in the amount of Three Hundred and Fifty Dollars
($350.00). I am further recommending that Your Honorable authorize the Mayor
to sign the required documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 31, 1992, be
received and filed; and
That the offer of Ms. Rivera, of 45 Laurel Street, Buffalo, New York in
the sum of $350.00 (Three Hundred and Fifty Dollars) to purchase the property
described as 28 Inter Park, 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 sign the required
documents for the transfer of title, 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. 15
Results of Negotiations
228 Mulberry, W 200' S High
Vacant Lot: 25' x 100'
Assessed Valuation: $400
Item # 24, C.C.P. 9/1/92
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Willard Anderson of 222 Mulberry Street, Buffalo, New York 14204. He
intends to purchase this property to enlarge his yard area and fence in.
An independent appraisal of the property was conducted by Able
Appraisals, Inc., Mr. Michael Heigel, 148 S. Marlin Rd. Grand Island, New York
14072. He has estimated the fair market Value to be Nine Hundred Dollars
($900.00) for the subject property. This represents about Thirty-Six Cents
(.36) a square foot. The Division of Real Estate has investigated the sales of
similar properties in the area. Sale prices range from Thirty-Six Cents (.36)
to Sixty-One Cents (.61) a square foot.
The results of our negotiations are that Mr. Anderson has agreed and is
prepared to pay Eleven Hundred Dollars ($1,100.00) for the vacant lot at 228
Mulberry. He has also agreed to pay for the cost of appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
228 Mulberry to Mr. Willard Anderson in the amount of Eleven Hundred Dollars
($1,100.00). I am further recommending that Your Honorable authorize the Mayor
to sign the required documents for the transfer of title.
Mr. Fahey moved
That the communication from the Comptroller, dated December 31, 1992, be
received and filed; and
That the offer of Mr. Willard Anderson of 222 Mulberry Street, Buffalo,
New York in the sum of $1,100.00 (One Thousand and One Hundred Dollars) to
purchase the property described as 228 Mulberry 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 sign the required
documents for the transfer of title, 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. 16
C.A.I.C. Seeking Designation As Developer
421 Best Former Engine House # 21
Item # 70, C.C.P. 11/10/92
This Office has received a request from the Committee on Economic
Development to respond to the above captioned item.
The above item is a request from Community Action Information Center
(C.A.I.C) to Your Honorable Body seeking your approval and recommendation to
the Buffalo Urban Renewal Agency for C.A.I.C to be designated as developer of
421 Best Street, for low income residents.
The subject property was former Engine House # 21, is a Capital asset of
the City and should be disposed of in accordance with Article 27 of the City
Charter which was indicated in the response form the Commissioner of
Inspections and Community Revitalization.
Public use of the property was abandoned in September of 1989 and sold at
public auction for Forty-Two Thousand Dollars ($42,000) in February 1992. The
results of that auction were reported to Your Honorable Body, Item # 20, C.C.P.
3/17/92. However, due to Community reaction to the intended use of the property
by the successful bidder and the lack of proper zoning, the Common Council
voted not to accept the bid. It should be noted that one of the unsuccessful
bidders at the auction, the Buffalo Fire Historical Society, is still
interested in purchasing the property.
The Commissioner has also indicated in his response that the Common
Council may transfer the property to B.U.R.A. for solicitation of proposals. He
has further indicated that B.U.R.A. would seek requests for proposals from
eligible re-developers; that price is determined competitively and will be
based upon the proposed use, proposal content, overall use, etc.
The City may transfer property assets to B.U.R.A. that are located in a
planned urban renewal area. However, such transfers that involve city- owned
capital assets, not acquired for or on behalf of B.U.R.A., should be disposed
of in accordance with Article 27 section 522 of the City Charter, which states:
"at public auction or sealed bids at the highest marketable price or
rental, when authorized by resolution of the council, which shall designate the
officer to conduct such sale or lease together with the terms and conditions
thereof."
Therefore, should Your Honorable Body approve the request of C.A.I.C., I
am recommending that such sale or lease be made in accordance with Section 522
of the City Charter and that the proceeds from any such sale or lease be
deposited to the City's general fund.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ASSESSMENT
No. 17
Changes Use of 65 Anderson Pl.
Item No. 146, C.C.P. 12-08-92
The Department of Assessment has searched its property record
card for the property at 65 Anderson Place to determine the property's
classification.
Prior to the 1986 Assessment Revaluation Program, the assessment property
record lists the property as a 2 1/2 story frame dwelling containing one
apartment and a seven room rooming house.
When data was collected in the field for the 1986 assessment Revaluation
Program, a new property record card for fiscal year 1987-88 was filled out
indicating that the property is a 2 1/2 story frame dwelling used as a single
family residence. On December 22, 1992 an Assessor inspected the interior of
the property and found that it is a single family dwelling and it is currently
being used as such.
In conclusion, since fiscal year 1987-88 to the present time, this
department's property record card lists 65 Anderson Place as a single family
dwelling.
RECEIVED AND FILED.
No. 18
Return 1252 and 1228 Jefferson Avenue to the Free Spirit Baptist Church
Item No. 107, C.C.P. 10-27-92
The assessment exemption history for the property located at 1252
Jefferson Avenue is as follows. The vacant lot located at 1252 Jefferson
Avenue was purchased by the Free Spirit Missionary Baptist Church from
Saintsville Cathedral, Church of God in Christ, Liber 9859, Page 13 per deed
recorded on May 10, 1988.
The above mentioned property was owned by Saintsville Cathedral, Church
of God in Christ, on the tax status date of December 1, 1987 and said property
was taxable for the fiscal year 1988-89 because Saintsville Cathedral, Church
of God in Christ, had not made application for tax exempt status.
Therefore, all taxes levied against the property at 1252 Jefferson Avenue
for fiscal year 1988-89 are bona fide tax liens against the property due and
payable to the City of Buffalo.
The Free Spirit Missionary Baptist Church on November 16, 1988 filed an
application for tax exempt status for the property located at 1252 Jefferson
Avenue. Said property at 1252 Jefferson Avenue was granted tax exempt status
for fiscal year 1989-90, 1990-91 and 1991-92.
On October 28, 1991 the property at 1252 Jefferson was taken by the City
of Buffalo in an In Rem Action No. 25 for non payment of the 1988-89 taxes.
The property at 1252 Jefferson Avenue is currently owned by the City of Buffalo
as a result of In Rem Action No. 25.
The assessment exemption history for the property located at 1228
Jefferson Avenue is as follows. The Free Spirit Missionary Baptist Church
purchased 1228 Jefferson Avenue from Saintsville Cathedral, Church of God in
Christ, Inc. per deed, Liber 9859, Page 132, recorded on May 10, 1988. Said
property at that time was improved by a masonry building. Saintsville
Cathedral, Church of God in Christ, Inc. was the owner of record on the tax
status date of December 1, 1987 and said property was taxable for fiscal year
1988-89 because Saintsville Cathedral, Church of God in Christ, Inc. had not
applied for tax exempt status.
Therefore, all taxes levied against the property at 1228 Jefferson Avenue
for fiscal year 1988-89 are bona fide tax liens against the property and are
due and payable to the City of Buffalo.
The Free Spirit Missionary Baptist Church on March 27, 1989 filed for
exempt status on the property located at 1228 Jefferson Avenue. Said property
at 1228 Jefferson Avenue was granted tax exempt status for fiscal years
1990-91, 1991-92.
On October 28, 1991 the property at 1228 Jefferson Avenue was taken by
the City of Buffalo in an In Rem Action No. 25 for non payment of the 1988-89
taxes. The property at 1228 Jefferson Avenue is now a vacant lot and is
currently owned by the City of Buffalo as a result of In Rem Action No. 25.
RECEIVED AND FILED.
No. 19
Request Comptroller, Assessment, Street Sanitation, Public Works to Institute
System for Abating Charges
Item No. 111, C.C.P. 11-10-92
I have reviewed Your Honorable Body's resolution concerning abated
charges.
It has been this department's policy to cancel such charges when so
directed by the Common Council in their publication, "Corporation Proceedings."
Therefore, since the "Corporation Proceedings" is available to every
department, I suggest that the departments identified in this resolution use
the "Corporation Proceedings" to cancel the abated charges. I believe this
would be the best system for preventing the City departments or private
collection agencies from billing property owners for charges that have been
abated by the Common Council.
I will send a copy of my response to each of the departments listed in
your resolution as a way of resolving the issue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Resolution Trust Corporation
Item No. 106, C.C.P. 10-27-92
This is to inform Your Honorable Body that I have reviewed your
resolution titled "Resolution Trust Corporation (RTC).
If the assessment data base, inventory file, property record cards, or
property sales file can be helpful in this matter, they are available upon
request.
Therefore, this department is prepared to make its personnel and records
available to assist Your Honorable Body in implementing the contents of this
resolution.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 21
Notification Serial # 8273
HANDICAPPED PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 49 of Section 15 of Chapter 479 of the
adding
Ordinances of the City of Buffalo be supplemented by the following:
HANDICAPPED PARKING
PUBLIC HIGHWAY PORTION OF HIGHWAY
Hertel Ave. Between parking meter # 1548
north side to a point 20' west therefrom
(entrance to 1550 Hertel Ave.)
RECEIVED AND FILED.
No. 22
Change in Contract - Change Order # 2
Jefferson Ave. Phase II
Contract 91636100
Item # 55 C.C.P. September 1, 1992
In item # 55 C.C.P. of September 1, 1992, your Honorable Body
authorized a change order on the referenced project. That order was reported
as a no cost change order.
The order actually represents a contract increase of $24,177.70. This
cost will eventually be borne by the Buffalo Board of Education, thus the order
was reported as "no cost" to the City.
In order to encumber the increase however, the City must front-end the
payment to the contractor. We are therefore respectfully requesting that Your
Honorable Body authorize the Comptroller to increase the encumbrance of
contract # 91636100 with Destro & Brothers Concrete Co., Inc. in the amount of
$24,177.70 and to charge the encumbrance to Division of Engineering account #
200-401-092. When reimbursement Is received from the Board of Education, the
funds will be returned to the referenced account. This reimbursement is
expected after the upcoming bond sale.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 28, 1992, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 2 to Destro & Brothers Concrete Co., and the
Comptroller is authorized to increase the encumbrance of Contract 91636100, for
Jefferson Avenue Phase II in the amount of $24,177.70, as more fully described
in the above communication. Funds for this contract are available in Division
of Engineering account 200-401-092.
PASSED.
AYES- 13 NOES- 0.
No. 23
Reduction in Retention
University Heights Community Center
Construction of the new University Heights Community Center has
been complete for three (3) months. We are awaiting as-built drawings from the
various contractors.
It is respectfully requested that retention be reduced from the current 5% to
0.5% for the following contracts:
Concept Construction C# 91592600
Carino Plumbing C# 91606800
Warrens Electric C# 91605100
Joseph Davis, Inc. C# 91605200
That the communication from the Department of Public Works, dated
December 17, 1992, be received and filed; and
Mr. Fahey moved:
That the Commissioner of Public Works, be and he hereby is authorized to
reduce the current retention of 5% to 0.5% for Contracts with Concept
Construction C# 91592600, Carino Plumbing C# 91606800, Warrens Electric C#
91605100 and Joseph Davis, Inc., C# 91605200 for the construction of new
University Heights Community Center.
PASSED.
AYES- 13 NOES- 0.
No. 24
Consolidate Department- Create Labor Pool
We do not believe that the consolidation of Parks, Public Works
and Streets would result in any substantial savings or change in current
operations. Due to budget cuts in recent years, we are very lean on
administrative personnel. So, there doesn't appear to be an opportunity for
savings in this regard.
As for vehicles and equipment, we all have specific equipment for
specific operations. Where there is duplication, as in dump trucks or snow
removal equipment, we already share these on an as needed basis. For example,
when the pothole crew in Public Works can't fill potholes because of snow on
the ground, they immediately go to work for Streets plowing specific areas.
The same is true for a labor pool. Laborers in each department have
specific duties, and when they are needed elsewhere they are shifted from one
department to another (most notably for snow storms). They are also shifted
within their departments based upon need. For example the same Streets
employees who plow snow in the winter are used for bulk trash removal the rest
of the year, and the same Parks employees who mow grass in the spring and
summer, pick up leaves in the fall and work at ice rinks and community centers
or plow snow in the winter.
We do think that greater efficiencies can be achieved through some of
these ideas - for example, the consolidation of certain titles (motor equipment
mechanics, clerical, certain trades, etc.) Therefore, we would be happy to sit
on a committee to share our ideas. Also, because implementation of these ideas
would possibly entail changes to various union contracts, we suggest that you
include union representation on this committee. Because we are in the initial
stages of budget preparation, we would suggest that you convene this committee
as soon as possible in order to determine if these ideas have merit and do
indeed save money
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 25
Backyard Composting
Item No. 164, C.C.P. 11/24/92
The above referenced resolution was sent to this department for
review and comment.
The Department of Public Works would like to purchase one-hundred (100)
composting units for use in 1993 as a pilot program to see the effectiveness of
various models. We suggest selecting at least three (3) different models and
use them with volunteers for the 1993 season. Based upon feedback from the
volunteers, we would select the type of unit(s) that were the most effective
and develop a program for the 1994 season based upon cost and actual reduction
information. The pilot program and the full program would include instruction
booklets and seminars.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 26
Request Division Of Water To Include
Inner City In Lead Testing
# 163, C.C.P. November 24, 1992
I read with considerable dismay the recent Common Council resolution
and Lead Action Task Force correspondence criticizing the Division of Water's
monitoring of lead levels in city water. It is puzzling to me how the positive
results obtained during Our initial 1991 compliance monitoring can be viewed in
a negative way by the Task Force. Obviously, some serious misunderstanding has
occurred.
As I understand it, Mr. Carnevale was invited to the Task Force's
November 18, 1992 meeting to discuss available data on lead in drinking water
and answer questions about the program. To our surprise, he was instead
treated to a highly subjective presentation of his own data by an individual
whose expressed motive was to sell home water treatment systems. When our
water quality consultant, an acknowledged national expert in this field,
attempted to dispel several misconceptions and explain the complexities of this
data, we were informed that there was insufficient time to pursue such issues.
I don't think we were treated fairly so I can readily appreciate Mr.
Carnevale's frustration at what was occurring. In the future all
communications should go through my office and we won't have any problems.
The Department of Public Works is willing to initiate a geographical
study of lead levels in City water, although we take issue with the Task Force
suggestion that our federally-mandated monitoring program is flawed in any way.
The objective of the federal program is to measure lead dissolution in home
plumbing systems which meet specific "high-risk" criteria. As such, the
program is not designed to collect samples "representative of the whole water
system". It's purpose was and is to identify the highest lead levels which can
occur in the first one-liter of water taken from high-risk plumbing, given
specific temperature, water chemistry, and plumbing configuration. The use of
such numbers to alarm City residents or promote the purchase of home water
treatment systems is therefore inflammatory and irresponsible.
The suggestion that lead service lines or plumbing systems in older city
precincts will produce higher lead levels than those tested is not supported by
technical evidence, and is in fact contrary to what typically occurs. This is
one reason the federal program requires us to target homes constructed after
1982. In other words, the newer the lead plumbing, the higher the lead
concentration in water which stands overnight in that plumbing. This is
principally because lead and other metals react with water over time to
form a semi-impervious scale which greatly reduces subsequent reaction and
dissolution. Where lead is present in water which stands overnight in lead
plumbing, it can be readily flushed by running a tap for 30-60 seconds.
Point-of-use treatment devices, while also effective, seem overly complex by
comparison. However, I have been working with Councilmen Pitts and Collins to
identify homes in their districts to include in our second round of testing.
The City does not currently operate any lead water supply pipelines.
However, our responsibility stops at the watermains. The service lines that
connect the main to the house are the homeowner's responsibility. It is
Department policy to recommend to the homeowner to replace such lines with
copper or plastic whenever they are encountered during excavation or leak
repair activities. While we suspect that many such lines still exist, we
cannot confirm their location without digging. The weakness of our database in
this respect is not unique, and is consistent with most large municipalities in
the northeast United States. We are open to suggestions from the Task Force
about how to locate and map these lines, but we must stress that such plumbing
does not necessarily mean that high lead levels will be present.
Finally, I am sure that the Lead Action Task Force is aware that even
drinking water with high lead levels represents approximately 10-20 percent of
total lead exposure, based upon estimates by USEPA. As Buffalo's lead levels
are low compared to the national average, it would seem conservative to
anticipate that drinking water contributes to only 10-15 percent of total
exposure within the City. It therefore seems selective for the Task Force to
assert an inconsistency between our lead monitoring program and the incidence
of lead poisoning, when so many other pathways of exposure remain unquantified
and when the source of lead (i.e. the service lines and in-house water lines
and fixtures) have historically been the homeowner's responsibility. However,
the EPA's Lead and Copper Rule has put the responsibility on the City. Whether
we like it or not, we will comply.
REFERRED TO THE LEAD TASK FORCE.
FROM THE COMMISSIONER OF PARKS
No. 27
Eliminate The Department Of Parks And Recreation
Item C.C.P. # 156 - 11/24/92
Although we will always support the idea of consolidation, it
will only have our support if it is proven that services will improve and if it
will save money.
If Councilman Perla can spell out the savings and how the consolidation
will improve services to both the Department of Parks and the Department of
Public Works, perhaps we can better comment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 28
Waive Fee For Learn to Skate Program
This year, for eight (8) weeks, the City of Buffalo Parks Department
will once again have a "Learn to Skate Program." Anyone from the ages of four
(4) years old to an adult can participate in this program at all three (3)
indoor ice rinks.
Every participant must be a City of Buffalo resident and must purchase an
ID card.
I am requesting of Your Honorable Body that the daily fee be waived for
these participants.
Mr. Fahey moved:
That the communication from the Department of Parks, Recreation and
Forestry, dated December 21, 1992, be received and filed; and
That the Commissioner of Parks, be and he hereby is authorized to waive
the daily fee of those residents participating in the "Learn to Skate Program."
PASSED.
AYES- 13 NOES- 0.
No. 29
Emergency Tree Work - Wind Storm
November 12, 13, 14, 15, 1992
During the wind storm of November 12, 1992 (winds in excess of
70 m.p.h.,) our department received approximately 300 requests to handle
emergency tree work throughout the city. There were a total of 82 city-owned
trees destroyed at residences and 37 trees in city parks.
In order to restore conditions to normal within a reasonable length of
time, two tree service companies were called in to assist parks personnel in
working with the emergencies. A total of six tree service companies were
called; however, only the Davey Tree Expert Co. and C. May's Tree Experts, Inc.
responded.
The C. Mays Thee Experts, Inc. performed the following work on November
13 & 15:
360 Cumberland - 1/2 of a 36" diameter silver maple split and came to rest on
the house
Opposite 16 Parkview - uprooted 24" diameter Norway maple on house
261 Chandler - uprooted 18" diameter linden on house
26 Penfield - uprooted 36" diameter silver maple on house
91 Nevada - uprooted 26" diameter ash tree on house
85 Wohlers - uprooted 26" diameter ailanthus tree on house
131 Locust St. - uprooted 18" diameter willow tree on house
223 Landon - uprooted 24" diameter maple tree on house
The cost of this work is $4,629.54.
The Davey Tree Expert Co. performed the following work on November 14 & 15:
405 Hickory - uprooted 30" diameter maple tree on house
483 Hickory - uprooted 34" diameter maple tree on house
367 Roslyn - uprooted 32" diameter silver maple tree on house
84 Altruria - 1/2 split 32" diameter silver maple tree on house
20 Pries - uprooted 22" diameter catalpa tree on house
238 Northampton St. - uprooted 28" diameter silver maple tree on house
The cost of this work is $2,961.87.
The total cost of work done by both tree service companies is $7,591.41.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Reply to Audit
Item # 27, C.C.P., 11/24/92
In this report to Your Honorable Body, concerning the audit performed
of the Parks Department, I will attempt to answer all findings produced by the
auditors and also to give my own personal comments on the auditors' findings
and recommendations.
1. PAYROLL
A) In respect to employees not signing in/out, a new department directive
applies to this discrepancy and will be dealt with.
B) Because of the many Parks Department activities which go beyond the
normal 8:30 A.M. to 4:30 P.M. working hours and because the department does not
have an excess of supervisory personnel, this problem does exist. At present
we are addressing this problem and will narrow down these discrepancies and
correct them. Because we have personnel who work from 4:30 P.M. until 11:30
P.M. and work at indoor pools and ice rinks scattered throughout the city, the
suggestion to have all employees sign in at one central location would provide
a hardship not only on the employees working in these facilities but also on
the department.
C) Employees apparently signing in/out for other employees will be addressed
by a Parks Department directive.
D) Time sheets missing for an employee do not specify the employee.
E) Overtime hours being co-mingled with regular working hours on the -sign
in sheets will be discontinued.
The recommended payroll procedures will try to be adhered to as much as
possible. The Parks Department will await the central sign in/out sheet that
the Comptroller's Office is supposedly preparing.
2. PURCHASE & INVENTORY
A) We agree that our inventory system may be inadequate. However, the
recommended process by the City Auditor to track merchandise would involve four
(4) different people. We will upgrade our inventory system trying to follow
the Auditor's recommendations.
B) I take great exception to these two findings:
1. Purchases appear to be made haphazardly based on the amount in the budget
line rather than on need.
2. Inventory is not adequately safeguarded and protected.
If purchases appear to be made haphazardly as claimed, than this
contradicts the Auditor's report that spending has been greatly reduced in the
past two years. And I also would like to have specifics when charges such as
this are made.
3. Before I can address the other finding of inventory not being safeguarded or
protected I need a clarification from the Auditor's office.
C) In response to the purchase of 95 Snapper lawnmowers purchased in 1988-89
and 1989-90 after I became the Acting Parks Commissioner, an inventory was
taken of this item and only 91 were accounted for. There were no records as to
what became of the missing.
3. REVENUES- GOLF COURSES
A) I believe it is important to note that a total of $134.00 cannot be
accounted for revenues from the golf courses excluding the $237.00 that was
recorded stolen on May 31, 1990. These shortages account for .0001% of the
total amount of revenues collected at the golf courses for four (4) fiscal
years.
B) For the next golf season all golfers will sign in at all the courses.
C) Gift certificates are numbered as are all the season permits.
4. ICE RINKS & POOLS
A) If we bill all rentals through the City's computerized system as
recommended, our internal control will suffer. At present, when we rent out the
ice, the checks are sent directly to the Parks Department.
B) We will request in our next budget, cash registers for our indoor rinks
and pools.
C) If possible we will try to adhere to the recommendations offered to us by
the Comptroller's Office.
5. REVENUES - CONCESSIONS
A) All lease operators do have formal lease agreements approved by the Law
Department.
B) All delinquent accounts will be forwarded to the Law Department for
collection.
6. COMMENTS
I believe that the biggest bane of this Auditor's report is an inadequate
inventory system. The implementation of the Auditor's recommended inventory
would entail four (4) different people. Through this communication, I am
requesting that the Comptroller's Office assist us in setting up the system and
we in the Parks Department will implement it to the best of our ability.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 31
Cultural Sensitivity for Buffalo Police Officers
Item # 190, C.C.P., 12/22/92
In regard to CCP, Item #190, "Cultural Sensitivity for Buffalo
Police Officers" - the following has taken place. As noted in the resolution
we have recently begun cultural and racial sensitivity training for our
Officers. We have recently had workshops for sixty (60) Officers not thirty
(30) as noted. I was waiting for evaluations from the officers that attended
the workshops before deciding on continuing. The evaluations were very
positive and I am looking toward continuing these workshops. The facilitator -
Otis Glover and Lana Benatovich also had very positive feedback as to the
results of their efforts. The Officers selected were random and included
Officers from both day and evening shifts. I feel very positive as to the
results and hope to continue training in this area on an on-going basis.
On 12/21/92 I issued a P73 (Intra-Departmental Correspondence) to all
members of my department regarding the issue of dealing with the public. A
copy of that correspondence is attached. Along with that I have directed that a
police teletype with the contents of that directive be sent on a regular basis
and is to be read at all roll-calls and shift briefings. Strict obedience to
this directive has been ordered and Commanding Officers will be held strictly
accountable for the actions of their subordinates. A copy of said teletype is
also attached.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 32
Certificate of Appointment
Appointment effective 12-7-92 in the Department of Police James
Shaw, 92 Southside Pkwy., Buffalo, NY 14220 to the Position of Head Janitor,
Provisional, at the starting salary of $20,976.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 33
RFP Manpower Utilization
Fire Department
Item # 70 C.C.P. December 22, 1992
Based on the proposals received, my recommendations for awarding
the contract is as follows:
1. TRI DATA
2. Carroll Buracker & Associates
3. Public Management Group
4. Ernst & Young
TRI DATA, although their proposed fee is twice of what was allocated, offers
far and away the best proposal, while its staff has superior credentials. Both
the Buracker and the Public Management Proposals offers a watered down version
of the "RFP". Ernst and Young is overpriced.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Strengthen Regulator Guidelines for Used Tire
Transportation and Disposal
Item # 185, C.C.P. Dec. 22, 1992
I am in complete agreement with the suggested amendments of this
resolution. The Council has passed a very good law, and these amendments will
make it even better. Of Course, the key to the effectiveness is enforcement,
and the Buffalo Fire Department stands ready to do its part.
It appears that we will receive little support from the D.E.C., in that they
have issued only one (1) tire handling permit.
At this point, it appears that we are rewarding the scofflaws and punishing
those in compliance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 35
Buffalo Water System Transfer
In accordance with Public Authorities Law Section 1048, I herewith
deliver to you for filing certified copies of the deed, easement agreement and
bill of sale from the City of Buffalo to the Buffalo Water Board evidencing
transfer of title to the Buffalo Water System. These documents are also being
filed with the New York Secretary of State. The original deed and easement
agreement are being recorded in the Erie County Clerk's Office today. This
transfer is effective immediately.
RECEIVED AND FILED.
AFFIDAVIT
STATE OF NEW YORK)
COUNTY OF ERIE)
Laurence K. Rubin, being duly sworn, hereby deposes and says that:
1. I am the Corporation Counsel of the City of Buffalo and Secretary of
the Buffalo Water Board.
2. Attached to this Affidavit is a true, complete and correct copy of the
following:
a. Deed from City of Buffalo to Buffalo Water Board dated December 23, 1992,
b. Easement from City of Buffalo to Buffalo Water Board dated December 23,
1992, and
c. Bill of Sale from City of Buffalo to Buffalo Water Board dated December
23, 1992.
(hereinafter these three documents collectively referred to as the "Transfer
Documents").
3. The Transfer Documents constitute all the documents effectuating the
transfer of the Buffalo Water System from City of Buffalo to Buffalo Water
Board.
4. Duplicate originals of this Affidavit are intended to be delivered to
each of the Secretary of State of the State of New York and the Clerk of the
City of Buffalo to fulfill the requirements of Section 1048-h(6) of the Public
Authorities Law of the State of New York and to permit Buffalo Water Board to
take possession of the Buffalo Water System.
Laurence K. Rubin
Subscribed and sworn to before me this 24th day of December, 1992.
Harry G. Meyer
No. 36
Memorandum of Agreement
Local 264 - Right to Amend
Item No. 58 C.C.P. 12/22/92)
At the meeting of your Finance Committee on December 29, 1992,
the question was posed whether the Common Council has the unilateral right to
make changes to a proposed collective bargaining agreement submitted to it for
approval. As a general matter under the Taylor Law, the Common Council has the
right to approve or disapprove such an agreement but it may not unilaterally
impose changes.
RECEIVED AND FILED.
No. 37
Return 1252 & 1228 Jefferson Avenue to the
Free Spirit Baptist Church
Item No. 26, C.C.P., 11/24/92
Item No. 107, C.C.P., 10/27/92
The Law Department does not object to the sale of these properties
to the Free Spirit Baptist Church, provided that the price is at least equal to
their fair market value or to the amount of taxes, penalties and in rem fees
owed, whichever is greater.
The return of these properties for a lesser amount or gratis would
be in violation of several state laws, as well as the state constitution
Moreover, the Common Council is without authority to direct such a return.
RECEIVED AND FILED.
No. 38
Designation of Nominees for Appointment to the Board of
Trustees of the Buffalo and Erie County Public Library
Item No. 4, December 22, 1992
Section 6212 of the Unconsolidated Laws of the State of New York
requires that the governing body of the county appoint three Library Trustees
annually, "one of whom shall be selected from a list of three nominees named by
the mayor of the city with the approval of the Common Council."
RECEIVED AND FILED.
No. 39
Buffalo Place - City of Buffalo Funding Agreement
Enclosed please find a copy of the Buffalo Place - City of Buffalo
Funding Agreement for your review.
Should you have any questions, please feel free to contact my office.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Status Report
Pilot Field Naming Rights Litigation -Pilot Airfreight v. Bisons - Baseball and
City of Buffalo
Item No. 187, C.C.P., 12/22/92)
In the above matter various pretrial motions have now been disposed
of. Some causes of action were dismissed and an amended complaint was allowed
to be filed. The City has filed an answer to the amended complaint denying
liability. In its answer the City has asserted claim against Pilot for unpaid
rent and for failure to provide a letter of credit. The City has also asserted
a claim in the nature of indemnity against Bisons.
The case has been referred by Federal District Court to Judge Magistrate
Maxwell for supervision of discovery and other matters. There has been an
initial meeting with Magistrate Maxwell and another meeting scheduled for
January 14, 1993.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Half-Way House 17 Highgate
Item # 213, C.C.P. 12/22/92
The above item was referred to this Department for an opinion
on whether 17 Highgate is properly zoned for the purpose of locating a half-way
house in the district and whether a Common Council hearing is required for
approval of the project.
Please be advised that the Law Department does not have sufficient
information at this time to render an opinion regarding this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Strengthen Regulatory Guidelines For Used Tire Transport And Disposal
Item # 185, C.C.P. 12/22/92
Please be advised that the Corporation Counsel is preparing a
response to Item # 185, C.C.P. December 22, 1992 (Strengthen Regulatory
Guidelines For Used Tire Transport and Disposal), that will be filed as soon as
possible.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 43
Enforcement Of Noise Ordinance
Item # 240, C.C.P. 12/22/92
As requested by resolution, Item # 240 C.C.P. December 22, 1992,
the Corporation Counsel provides the following information regarding the
enforcement of Buffalo Code Chapter 293 (Noise Ordinance) and requests
clarification.
As you may be aware, there has been a long history attendant to noise
ordinance enforcement in Buffalo. Among other things, in or around 1991, a
predecessor ordinance was challenged on constitutional grounds. Nevertheless,
our department has assisted the Police Department with guidance regarding the
issuance of a summons for noise violations. (See enclosed correspondence dated
June 25, 1992). Moreover, although noise ordinance violations can be
procedurally handled by the Police Department like any other Code violation,
our Department has drafted the enclosed sample information to assist the Police
Department
It is my understanding that there have been discussions seeking to charge
the Parking Violations Bureau with enforcement of the noise ordinance. In this
regard, although additional jurisdiction has been given the Parking Violations
Bureau by Vehicle and Traffic Law Section 236 (4) and Buffalo Code Section
137-2 (additional jurisdiction of Parking Violations Bureau), additional State
enabling legislation may be necessary to give the Parking Violations Bureau
enforcement power over noise ordinances. As a result, I hereby request
clarification as to whether guidance is sought for enforcement through the
judicial system or through the Parking Violations Bureau.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 44
December 1992 Office Space Inventory
The Division of Planning has conducted its study of downtown office
occupancy rates entitled, Inventory and Analysis of Office Space in the City of
Buffalo Central Business District From 1982 Through 1992, December 1992.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 45
Dept. Attendance At. Legislation Meeting- Fines Ch. 216
Item # 132, C.C.P., November 24, 1992
Owner and tenant may be jointly and severally liable for fines
and penalties.
1. If tenant is caught in the act of disposing of trash at the curb they may
be issued a summons with their name on it and liable.
2. If house is vacant summons will be issued to the address on the house and
owner of said property will be liable.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Request Better Street Plowing & Salting
Item # 85, C.C.P., December 22, 1992
I personally spoke to a gentleman from the Cold Spring Dispatch
Service regarding street plowing and salting.
At this time, I explained to the gentleman that first consideration is given to
the Primary streets, then Secondary and Streets around Hospitals. After this is
completed our crews work on the residential streets.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 47
Report of Emergency Demolition of 759 and 761 Broadway
Due to the very serious and hazardous condition of the fire-damaged
buildings located at 759 and 761 Broadway Deputy Fire Commissioner Paul A.
Kurzdorfer requested that our department bid these properties for immediate
emergency demolition. Inspections were also conducted by this department and
it was determined that action was necessary due to (1) the structural condition
of the building and/or (2) the resulting dangerous and hazardous condition
which exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 17, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS/OWNER CONTRACTOR & AMOUNT OF BID
759 Broadway $10,000
761 Broadway $18,880 - Total Bid $28,880
Robert Koernigen Maplewood Construction
141 Fernwood Lane
Grand Island, NY 14072
Please be further advised that the demolition contractor will arrange for
the water and sewer termination and that the cost is included in the cost of
the project.
We, therefore respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund # 500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 24, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction,
at a cost of $28,880.00, relating to 759 and 761 Broadway, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113, of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 48
Report of Emergency Demolition of 1479 South Park Avenue
Due to the very serious and hazardous condition of the property
located at 1479 South Park Avenue, inspections were conducted by this
department and it was determined that immediate action was necessary due to (1)
the structural condition of the building and/or (2) the resulting dangerous and
hazardous condition which exists at this location, i.e., in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 10, 1992. The contract will be awarded to the following responsible
bidder:
ADDRESS/OWNER CONTRACTOR & AMOUNT OF BID
1479 South Park Avenue Maplewood Construction
Richard E. Pezzino $5,900.00
331 Rosedale Blvd.
Amherst, New York
Please be further advised that the demolition contractor will arrange for
the sewer and water termination and that the cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 15, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at
a cost of $5,900.00, relating to 1479 South Park Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113, of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 49
Report of Emergency Demolition of 17 Wasmuth Street
Due to the very serious and hazardous condition of the fire-damaged
building located at 17 Wasmuth Street, Deputy Fire Commissioner Paul A.
Kurzdorfer requested that our department bid this property for immediate
emergency demolition. Inspections were also conducted by this department and
it was determined that action was necessary due to (1) the structural condition
of the building and/or (2) the resulting dangerous and hazardous condition
which exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 10, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS / OWNER CONTRACTOR & AMOUNT OF BID
17 Wasmuth Street Ridge Maintenance
Harold E. Hicks
19 Wasmuth Street $4,150.00
Buffalo, New York
Please be further advised that the demolition contractor will arrange for
the water and sewer termination and that the cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 15, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Ridge Maintenance at a
cost of $4,150.00, relating to 17 Wasmuth Street, is hereby confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113, of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES - 0.
No. 50
Report of Emergency Demolition of 151 Winslow
Due to the very serious and hazardous condition of the fire-damaged
building located at 151 Winslow, Deputy Fire Commissioner Paul A. Kurzdorfer
requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that action was necessary due to (1) the structural condition of the
building and/or (2) the resulting dangerous and hazardous condition which
exists at this location, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 20, 1992 and that the contract will be awarded to the following
responsible bidder:
ADDRESS /OWNER CONTRACTOR & AMOUNT OF BID
151 Winslow Integrated Waste Special Services
Olin Jones $8000.00
PO Box 87
South Dayton, New York
Please be further advised that the demolition contractor will arrange for
the water and sewer termination and that the cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 24, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $8,000.00, relating to 151 Winslow, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113, of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 51
Certificate Of Appointment
Appointment effective Dec. 21, 1992 in the Department of Inspections
and Community Revitalization, Division of Housing and Property Inspections,
Anthony Ando, 256 Cumberland Avenue, Buffalo, New York 14220 to the position of
Plumbing Inspector, Permanent at the starting salary of $28,449.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 52
Tentative Agreement Between City of Buffalo and AFSCME Local 650, AFL-CIO, for
Period July 1, 1992 to June 30, 1995.
Attached for the approval of your Honorable Body is a tentative
three-year labor contract which has been negotiated between the City of Buffalo
and Local 650, AFSCME, AFL-CIO. The Agreement provides for no pay raise for the
current, 1992-93 fiscal year, four (4) percent for 1993-94, and five (5)
percent for 1994-95. Your Honorable Body already imposed a settlement of zero
per cent an local 650 for 1991-92, following impasse and Fact-Finding.
Therefore, this agreement mirrors the four-year, 0-0-4-5 settlement
recently negotiated with AFSCME Local 264, which is also before your Honorable
Body for ratification.
The Agreement also provides for changes in major medical coverage and
prescription co-pay, which will save the City about $117,595 per year. The
Agreement has already been ratified by the membership of local 650. Your
approval to execute the agreement is requested.
Mr. Fahey moved:
That the communication from Administration and Finance dated December 29,
1992, be received and filed; and
That the three year labor contract for the period July 1, 1992 to June
30, 1995 as negotiated between the City of Buffalo and AFSCME Local 650,
AFL-CIO and as contained in the above communication, be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 53
Memo of Agreement (7/1/91-6/30/95) Local 264
Item # 58, C.C.P. 12/22/92
The above referenced item was referred to this office with a request
to provide the estimated cost of funding the Local 264 and the Local 650
proposed contracts.
Attached please find these cost estimates for each union by fiscal year
through 1994-95. Please note that the cost estimates for salary increases in
1994-95 include the 4% raise for 1993-94 and the 5% raise for 1994-95.
Please advise if you require any additional information.
RECEIVED AND FILED.
No. 54
Plumbing Contractor's Opposition To Fee Increases
Effective July 1, 1992
Item # 84 C.C.P. 12-22-92
The above referenced item has been referred to this office for
comment.
It is a complaint from the Plumbing Contractors' Association about the
fee increases related to plumbing work, most notably the fee for a journeyman
plumbers license.
During the past budget cycle department heads were requested to submit
ideas for revenue increases. Commissioner Schollard originally proposed
tripling the current license fee for journeymen plumbers.
The final budget, reflected a doubling of the fee for journeyman
plumbers. Doubling of the fees was considered reasonable in that the original
fee was low and had not been raised in a long time. Also, there was a large
differential between the cost of a master license at $131.00 and the
journeyman's at $21.00 for renewal.
Regarding the Plumbing Permit fees, the increase was only the 5% amount
that your honorable body agreed to for all fees as part of a gap closing plan
presented to the bond rating agencies. The intent was to increase these fees
annually thereafter by the increase in the consumer price index.
Lastly, all these revenues must be left intact at the rates passed by
your honorable body to support the appropriation side of the budget in order to
avoid a deficit situation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Reply to Audit - COBRA
The above referenced item has been referred to this office for
comment. It is the audit report prepared by the City Comptroller on the health
care benefits provided by the federal law called Consolidated Omnibus Budget
Reconciliation Act ("COBRA') which is administered by the Division of Labor
Relations.
Attached please find the response to this audit from Acting Director of
Labor Relations, Michael P. McKeating which specifically addresses each finding
and recommendation included in the audit. Your Honorable Body has already
approved the transfer of funds to purchase the computer hardware and software
suggested in Mr. McKeating's response.
Mr. McKeating is available to answer any question you may have on this
issue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
L. Laugeman - Restore Teacher Aide Funding
Item # 64, C.C.P. 12/8/92
The above referenced item has been referred to this office for
comment. Attached please find a letter the Mayor recently sent to the Staff,
Parents, and Students at the Bennett Park Montessori school which explains the
administrations position on this matter.
RECEIVED AND FILED.
No. 57
B. Pullins - Council Reinstate Security Patrols
Item # 66, C.C.P. 12/8/92
The above referenced item has been referred to this office for
comment. Attached please find a letter the Mayor recently sent to Newburgh &
Courtland Block Clubs which explains the administration's position on this
matter.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 58
Waiver of Requirement for Performance Bond for United Uniform Co., Inc. for the
Purchase of Crossing Guard Uniform Items for the Department of Police.
Bids were opened on Wednesday, October 28, 1992, for Crossing
Guard uniform items. United Uniform Co., Inc., 495 North French Road, Buffalo,
NY 14228, was the lowest responsible bidder.
I am requesting permission to waive the requirement of a performance bond
for this contract for the following reasons:
1. The comparatively small dollar amount of this contract
2. The fact that they, United Uniform Co., Inc., has performed
satisfactorily in delivering these items on previous contracts
3. The expense of obtaining performance bonds.
We have regularly purchased uniform items from this vendor and find them
reliable.
Mr. Fahey moved:
That the communication from the Department of General Services dated
December 23, 1992, be received and filed; and
That the Commissioner of General Services, be and he hereby is authorized
to waive the requirement of a performance bond by United Uniform Co., Inc., 495
North French Road, Buffalo, New York 14228, the lowest responsible bidder for
Crossing Guard uniform items.
PASSED.
AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS- 7.
NOES- AMOS, ARTHUR, BELL, COLLINS, PERLA, ZUCHLEWSKI- 6.
FROM THE BOARD OF EDUCATION
No. 59
Extra 1% or 8th% of the Erie County Sales Tax
The Buffalo Board of Education met on Wednesday, December 16,
1992 and the Board Members unanimously approved requesting the Honorable Body
of the Common Council of the City of Buffalo to send a home rule message to the
New York State Legislature regarding the restrictive language on the 8th% of
the County Sales Tax.
The Board of Education Members are requesting the Common Council to ask
the State Legislature to remove the restrictive language on the extra 1% of the
sales tax. This is due to expire February 28, 1993.
Please see the attached sales tax correspondence.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 60
B. Higgins Disclosure Statement
LDA Court Tower Group and Niagara
Building Partnership
I want to disclose a relationship with the principals in the Court
Tower Group (Carl Paladino) and the Niagara Building Partnership (Dennis
Dargavel). My wife, Mary Jane, is the sister of Mr. Dargavel's wife and the
first cousin of Mr. Paladino's wife.
* Original letter has been forwarded to the Board of Ethics.
RECEIVED AND FILED.
No. 61
NOTICE OF INTENTION - Pursuant to Chapter 286,
Name Roetzer Playground
Edward (Eddie) Dawson Playground
(No.# 214, C.C.P., December 22, 1992)
I hereby inform you that a public hearing has been set before
the Common Council at its regular Meeting on January 19, 1992, at 2:00 P.M. in
the Council Chambers, in connection with its intention to name Roetzer St.
Playground Edward (Eddie) Dawson Playground.
RECEIVED AND FILED.
No. 62
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Human Resources
RECEIVED AND FILED.
No. 63
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1052 Hertel Ave. JEFG Inc.
RECEIVED AND FILED.
No. 64
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:
Public Works- Salvatore Canazzi
Fire- Bart Sumbrum
RECEIVED AND FILED.
No. 65
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Youth Board
RECEIVED AND FILED.
No. 66
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved the approval of the appointments to the position of Council
Intern.
ADOPTED.
Appointment effective Dec 23, 1992 in the Department of City Clerk, Kelly A.
Dargavel, 58 Brost Dr., Buffalo, 14220, to the Position of Intern III, Seasonal
at the starting salary of $5.00 per hr.
No. 67
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 STADIUM & AUDITORIUM
Appointment effective December 18, 1992 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, Michael Ahern, 42 Plymouth Ave.,
Buffalo, 14201 to the position of Laborer II, Seasonal at the starting salary
of $5 98/hr.
FROM THE DEPARTMENT OF PARKS
Appointment effective December 27, 1992 in the Department of Parks,
Division of Recreation, Patrick Lalley, 81 Densmore St., Buffalo, 14220 to the
position of Rink Attendant, Seasonal at the starting salary of $4.50/hr.
Appointment effective January 4, 1993 in the Department of Parks, Division of
Recreation Matthew Wylie, 62 Montrose Ave., Buffalo 14214 to the position of
Rink Attendant, Seasonal at the starting salary of $4.50/hr.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment effective December 21, 1992 in the Department of Administration
& Finance, Division of the Treasury, Kathleen A. Granville, 57 Hansen Avenue,
Buffalo, New York 14220 to the position of Laborer I, Permanent at the starting
salary of $17,312.
FROM THE DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment effective December 21, 1992 in the Department of Inspections
and Community Revitalization, Division of Housing & Property Inspections,
William A. Wagner, 60 Philadelphia, Buffalo, New York 14207 to the position of
Plumbing Inspector, Permanent at the starting salary of $27,249.
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.
Lanette Boulware, 132 Harvard Pl., 14209
Kendell Burwell, 273 Rodney Ave., 14215
Angeline Cipolla, 25 Knox Ave., 14216
Michelle Parker, 775 Smith St., 14206
Antonio Coleman, 582 Northland, 14211
Clifford Jones, 229 Cedar St., 14204
Anna S. LoVullo, 365 Rhode Island St., 14213
Andrew L. West, 144 Berkshire Ave., 14215
Carmen T. Pace, 328 Grant St., 14213
Charles E. Tinney, 22 Willowlawn, 14214
James F. Welsh, 207 Oneida, 14206
Appointment effective December 30, 1992 in the Department of Human Resources,
Division of Youth to the Position of Attendant, Temporary at the starting
salary of $ 4.25/hr.
Alice Davis, 420 Moselle, Buffalo 14215
Linda Marchese, 191 Hodge, Buffalo 14222
Catherine Snyder, 25 Knox, Buffalo 14216
Janet Wilkie, 845 Clinton, Buffalo 14210
Appointment effective December 21, 1992 in the Department of Human Resources,
Division of Youth, Michael Karlinski, 349 Walden Ave., 14211 to the Position of
Lifeguard, Temporary at the starting salary of $5.00/hr.
Appointment effective December 21, 1992 in the Department of Human Resources,
Division of Youth, Richard B. Oddo, 309 Richmond Ave., 14222 to the Position of
Supervisor, Temporary at the starting salary of $5.00/hr.
Appointment effective January 4, 1993 in the Department of Human Resources,
Division of Youth, Artha Williams, 52 Willert Pk., Buffalo, NY 14202 to the
position of Community Field Worker, Temporary at the starting salary of
$6.30/hr.
Appointment effective January 4, 1993 in the Department of Human Resources,
Division of Substance Abuse Services Marie Ferraro, Lasalle Apt. 2, Buffalo
14214, to the Position of Counselor II, Permanent at the starting salary of $
19,919.00.
FROM THE DEPARTMENT OF CITY CLERK
Appointment effective December 21, 1992 in the Department of City
Clerk, Susan M. Malesky, 41 Kail St., Buffalo, N.Y 14207 to the Position of
Intern V, Seasonal at the starting salary of $7.00/hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 68
BCAM BOARD OF DIRECTORS
User Fees
At its monthly meeting on December 14, 1992, BCAM's Board of Directors
discussed the Resolution introduced at the previous week's Council meeting
regarding BCAM's charging a service fee to all individuals and groups
submitting programming to the public access facility. Upon discussing concerns
expressed by some of the Council members at their meeting, as well as issues
raised by members of BCAM's Board of Directors, the Board unanimously voted to
send the issue of the fee policy to its Membership Committee to review and
clarify at their scheduled January meeting.
BCAM's Board of Directors has instructed the membership Committee to
design a fee system which is progressive and non-exclusive in such as way that
no person or organization will be shut out from using BCAM's facilities or
channel space. It is the responsibility of the Membership Committee to review
policies impacting producers and users of BCAM on a regular basis or when
specifically requested to do so by the full Board.
Please advise us of future meetings of the CATV Committee where the fee
issue will be on the agenda. We, BCAM's Board of Directors, welcome any
opportunity to speak to CATV or Council members about their concerns regarding
the status of this policy, or any other BCAM policies.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 69
EPISCOPAL DIOCESE OF WESTERN NEW YORK
Halfway House 17 Highgate
I received today in the mail from your office a letter regarding
a Halfway House at 17 Highgate - Item # 213, C.C.P. December 22, 1992.
Let me clarify that the organization in question is an independently
incorporated entity called "Canaan House", which has its own Board of Directors
and is not an agency of the Episcopal Diocese of Western New York.
Coincidentally, the Rev. Shirley Trail, who is an ordained Deacon of the
Episcopal Church, is the Director of this agency.
Recently, Canaan House, which was previously located in a former Roman
Catholic nunnery, had a terrible fire and is inhabitable. The good people of
St. Andrew's parish, 3105 Main St. had an empty rectory at the above-cited
address on Highgate. It is not large enough to serve as a permanent location
for Canaan House, but it was hoped that some temporary emergency shelter might
be offered to some of the former residents of Canaan House until such time as a
new home for all can be found.
We will do the best that we can in the interests of the community to
facilitate this hearing, however, should you wish to communicate with the
Canaan House board directly, I suggest you use this address: The Rev. Shirley
Trail, 860 Niagara St., Buffalo, N.Y. 14213.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 70
ERIE COUNTY DIVISION OF BUDGET AND MANAGEMENT
Sharing 1/8 % of Sales Tax
I have received a copy of the resolution adopted by the Common
Council of the City of Buffalo, regarding the County's one cent sales tax.
Proposals to share the additional one cent County sales tax with
municipalities fail to recognize the critical nature of this revenue in the
County budget. Revenue from this source remains absolutely essential to fund
both the growing cost of mandated programs and to maintain basic County
services such as libraries, mental health and public health services, programs
for the elderly and youth, law enforcement services, parks and recreation
programs, and emergency services.
Mandated spending accounts for 71.4 percent of all County share costs
supported by locally generated revenues such as the sales tax, real property
tax, service fees, etc. Non-mandated spending is only 28.6 percent of all
locally funded costs. The non-mandated portion of the County budget is used to
fund those basic services that help maintain the quality of life in our
community.
Continued growth in the cost of mandated programs, coupled with a steady
erosion in State and Federal funding to support mandated expenditures, has made
it increasingly difficult to maintain basic services, even with the full
proceeds of the County's one cent sales tax.
In 1985, for example, when the additional one cent sales tax was enacted,
the County share cost of Medicaid was $52.8 million. In that same year, the
County budget included $8.9 million in Federal Revenue Sharing and $4.6 million
in State revenue sharing aid. In the 1993 Adopted budget, Medicaid local
expenditures are $113.4 million, and there is absolutely no Federal or State
revenue sharing aid. These three items alone have added $74.1 million to local
share cost since 1985 and are equivalent to 84.4 percent of the revenue
budgeted in 1993 from the one cent County sales tax.
When the inescapable facts of the mandates imposed on the County, their
associated costs, and declining Federal and State aid are considered, it is
clear that the entire revenue from the additional one cent sales tax is now and
will remain just as essential to the fiscal viability and service delivery of
the County as it was when it was first enacted in 1985.
If the proceeds from the one percent sales tax were to be shared with
municipalities, a major County fiscal and service crisis would be created.
1993 Consequences of Sales Tax Sharing
The 1993 Adopted County Budget includes revenue from the one cent sales
tax in the amount of $87,843,366 for a full year. Proceeds from the one cent
sales tax for the ten-month period (March 1, 993 through December 31, 1993)
total an estimated $73,202,805.
If, effective March 1, 1993, proceeds from the one cent tax were to be
distributed on the same basis as revenues generated by the three cent sales
tax, a $47,358,189 deficit would be created in the 1993 County Budget.
I can assure you that there would be no deficit allowed in 1993. In
order to bring the 1993 County budget back into balance, as required by law,
the County would have one and only one course of action available ... reduce
expenditures for basic services by a total of $47,358,189. Raising taxes in
1993 would not be an option because the 1993 real property tax levy has already
been established and could not subsequently be changed.
To attain savings of $47.36 million, spending for basic services would
have to be reduced across-the-board by at least 56 percent.
The draconian 56 percent cuts that would be apportioned to each County
department are shown in the attached Schedule A. As you can readily see, these
service reductions would be devastating. County governments as we now know it,
would cease to exist. Health and mental health clinics would be closed. Central
Police Services programs instrumental to local law enforcement operations (e.g.
forensic lab, communications and emergency response systems) would stop
function. Transportation for the elderly would be eliminated and Erie
Community College educational programs would be terminated. I am sure these
dire consequences were not fully realized by your Honorable Body in considering
the resolution adopted November 24, 1992.
1994 Consequences of Sales Tax Sharing
If the proceeds of the one cent sales tax were to be shared in 1994, the
consequences would be equally devastating.
Based on a full year of revenue, the proposed distribution of one cent
sales tax proceeds would result in a County revenue loss of $56,829,826.
Offsetting this entire loss through expenditure reductions would require
a 47 percent cut in appropriations for all non-mandated services, including a
$9.2 million cut in appropriations for the Buffalo and Erie County Public
Library.
If distributed equally among all County departments that have
non-mandated County share spending in 1994, the $56.8 million in required cuts
would be apportioned as shown in the attached Schedule
Offsetting a $56.8 million sales tax revenue loss through a $56.8 million
or 27.33 percent increase in the County real property tax levy is not an
available option.
An increase in the property tax levy of this magnitude would have a
devastating effect on the homeowners in the City of Buffalo and throughout
County and is not acceptable. If it were to be imposed, however, previous
analysis has clearly shown that the distribution of the property tax levy among
the towns of the County would result in County property tax increases that
exceed the amounts of sales tax revenues distributed to towns, villages and
school districts outside the City of Buffalo.
In point of fact, the County would be unable to simply raise the 1994
real property tax levy by the $56.8 million necessary to offset the loss of
sales tax revenue and to restore mandated services. The Erie County Charter,
in Section 1811, imposes a property tax limitation known as the "Bennett Cap".
It limits the amount that can be levied in any given year to one percent of
the five-year average of the full value of property in the County.
Based on 1993 data, a $56.8 million County property tax levy would exceed
the County's taxing authority by $28.91 million. The property tax limitation
can only be exceeded if this Charter provision is repealed by the voters of the
County.
Summary
We in Erie County have made very difficult, often painful decisions over
the past five years to deal with the County's fiscal problems and to achieve
fiscal stability. These decisions have included property tax increases which
are never popular and have often been criticized.
The full amount of the proceeds from the additional one cent sales tax is
a vital component of the County Budget. The full revenue from the sales tax
will continue to be absolutely essential to the County as we must cope with
double digit Medicaid growth, increased costs of other mandated functions and
continued cost shifting to counties in the State budget. That is the reality
we face and will continue to face in the foreseeable future.
I fully understand the difficult choices you are being called upon to
make. In Erie County government, we continue to face similar choices. I can
understand your interest in the sales tax as a perceived solution to your
revenue problems. Unfortunately, the one cent sales tax cannot be shared with
municipalities in the current economic and fiscal environment without
unacceptable damage to both County finances and County services.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 71
THE NATIONAL CONFERENCE OF CHRISTIANS & JEWS
Police Sensitivity Workshops
Commissioner Richard Donovan is to be commended for his initiative
and interest in presenting Cultural Sensitivity Workshops to members of the
Buffalo Police Department.
After meeting with the Commissioner in November, we at The National
Conference of Christians & Jews prepared and presented two workshops which were
held for 60 officers on December 9th and December 15th. Both sessions were
well received by the police-personnel who willingly involved themselves in the
sessions. The majority of the officers participating in this exercise
expressed a desire to promote this type of activity throughout the department.
Please also note that it is my understanding that it is the intention and the
desire of the Commissioner to formalize this process in 1993.
The National Conference will continue to be a resource for the Buffalo
Police Department as well as other community and civic organizations. I hope
you find this information useful.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 72
NYS DEPT. OF TRANSPORTATION
Tifft Street Bridge Replacement
We have reviewed Resolution No. 148 adopted by the Common Council
on November 24, 1992, regarding the referenced project. We agree that the Tifft
Street bridge replacement should provide more pedestrian access opportunities
to this area. Please refer to our September 3, 1992, response (copy attached)
to the Common Council resolution requesting generous pedestrian and bicycle
access. This letter explains the proposed project and how vehicles and
pedestrians will be accommodated. The project will replace all existing
drainage and street lighting as well as some waterlines. Project plans will be
completed in February with the letting in May 1993. Construction will take
approximately 30 months.
The City of Buffalo is responsible for financing the full non-Federal
share of this project which is 20 percent of the total project cost. The
current estimate for construction and construction inspection is $18.451
million. The city's responsibility is $3.690 million. The State of New York
will in turn reimburse $2.768 million back to the city under the rules of
Marchiselli legislation. The City of Buffalo in their December 8, 1992, letter
stated they could fund approximately half of the $3.690 million in February
1993 with the remainder available in July 1993. This proposal is currently
under review by the New York State Department of Transportation (NYSDOT).
Should you have any further questions or require additional information
on this project, please contact Kenneth Kuminski, Project Manager, at 847-3191.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 73
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
Waive Parking Restrictions NFTA Employees
Thank you for your letter of December 9, 1992, regarding the attached
request to waive parking restrictions for NFTA employees in the vicinity of
Metro's Cold Springs Bus Station.
Please be advised that construction of the subject facility is well along
and completion is expected by mid-summer of 1993. Due to construction there is
a temporary shortage of parking spaces for our employees. Consequently, we do
recommend approval of this request.
RECEIVED AND FILED.
No. 74
NIAGARA MOHAWK POWER CORPORATION
Dewey Avenue Service Center
Hazardous Storage Facility
Semi-Annual Report
Niagara Mohawk Power Corporation submits the enclosed report in
order to comply with Resolution No. 228 of the Common Council of the City of
Buffalo, filed in the City Clerk's Office on June 5, 1991.
REFERRED TO THE COMMITTEE ON FINANCE AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 75
MARCIA E. ROLFE AND OTHERS
Oppose Music License 530 Rhode Island
This is a formal petition of protest by neighbors who could not
attend the hearing date:
12/16/92 hearing for permission to convert and use premises for Live Music and
Dancing.
Dorothy Goretti
530 Rhode Island St.
Buffalo, N.Y. 14213
Known as: Essex Street Pub, 530 Rhode island
WE HERE THE UNDERSIGNED PROTEST TO CHANGING THE ZONING ORDINANCE FOR LIVE
MUSIC AND DANCING AT THE ABOVE STRUCTURE, BECAUSE OF THE FOLLOWING REASONS:
1. MUSIC HAS BEEN VERY LOUD AND DISTURBING THE NEIGHBORHOOD... SLEEPING IS
DISTURBED AT LEAST 3 TIMES A WEEK SOMETIMES EXTENDING TO 4 NIGHTS AND SOME
SUNDAYS WITH OPEN MIKE BANDS. CHILDREN IN AREA CAN'T GET PROPER SLEEP FOR
SCHOOL.
2. CONSTANT TRANSIENTS FREQUENT THE NEIGHBORHOOD CAUSING CONSTANT PROBLEMS
FROM:
THROWING BOTTLES AND FOOD ON LAWNS, ILLEGAL PARKING
SWEARING & FIGHTING. SLEEPING ON NEIGHBORS DOORWAYS AND DEFECATING ON
HOMEOWNERS PROPERTY
3. THIS ESTABLISHMENT HAS HAD NUMEROUS DISASTROUS ACTIVITIES WARRANTING
PRECINCT # 5 TO BE CALLED SEVERAL TIMES, EXAMPLE:
1. DRUGS AND PORNO FILMS SOLD IN FRONT AND BEHIND BAR.
2. THE BOUNCER AT THE BAR WAS STABBED AND REQUIRED HOSPITALIZATION FOR HIS
WOUNDS
3. HAD A RIOT OF APPROXIMATELY 20-30 PEOPLE FROM THE BAR HITTING EACH OTHER
WITH BASEBALL BATS, STABBING OTHERS AND EVEN HITTING WOMEN.
WE AS NEIGHBORS WHO HAVE LIVED HERE MANY YEARS HOPE THAT THE ZONING BOARD DOES
GIVE PERMISSION FOR THE USE OF LIVE MUSIC AND DANCING SO THAT MORE PEOPLE
FREQUENT THIS ESTABLISHMENT CAUSING EVEN MORE PROBLEMS.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ZONING BOARD OF APPEALS, THE
COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 76
Salary Ordinance Amendment
06-Department of Administration & Finance
04-1 Division Of Parking Enforcement
(Item no. 156, C.C.P., Dec. 8, 1992)
That the Salary Ordinance Amendment as contained in Item No. 156,
C.C.P., December 8, 1992, be and the same is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 77
Memorandum of Agreement Between
City of Buffalo And Local 264, AFSCME, AFL-CIO
(Item no. 58, C.C.P., Dec. 22, 1992)
That the 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 be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 78
"PBA" Memorandum Of Agreement
Assistant Chiefs Of Detectives
(Item No. 59, C.C.P., Dec. 22, 1992)
That the Memorandum of Settlement and the Salary Ordinance Amendment
between the Police Commissioner and the Police Benevolent Association regarding
compensation for Police Lieutenants assigned to work at the Detective Division
Shift Office be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 79
Leave Of Absence - Sumbrum Only
Item No. 60, C.C.P., Sept. 29, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved that the above item be and the same is hereby
received and filed.
ADOPTED.
No. 80
Leave Of Absence Sumbrum Only (Compt)
Item No. 19, C.C.P., Sept. 29, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 81
Leave Of Absence Info
Commissioner Of Streets (CC)
Item No. 44, C.C.P., Sept. 29, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 82
Information Appointment Commissioner Of Streets
As A Firefighter (Adm. & Fin)
Item No. 53, C.C.P., Sept. 29, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 83
Information Appointment Bart Sumbrum
As A Firefighter (CSC)
Item No. 65, C.C.P., Oct. 13, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 84
Inquiry/Former Fire Boat Personnel (CSC)
(Item # 56 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
W. Robinson/Qualif. As Superintendent
Fire Vehicle Maintenance
(Item # 132 CCP Sep 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Appointment
Audit & Control/Junior Accountant-Typist
That Communication No 54 CCP Oct 27, 1992 be received and filed
and the Temporary appointment of Christine M. Petzchke stated above at the
Intermediate salary $21,912.00 effective on Apr 9, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 87
Appointment
Audit & Control/Associate Accountant
That Communication No 57 CCP Oct 27, 1992 be received and filed
and the Permanent appointment of Louis M. Biondi stated above at the Maximum
salary $31,678.00 effective on Jun 17, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 88
B. Sumbrum/Revised Appointment As Firefighter (Max)
(Item # 37 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 89
Appointment
Audit & Control/Equipment Operator
That Communication No 15 CCP Dec 8, 1992 be received and filed
and the Permanent appointment of Bonnie A. Butler stated above at the
Intermediate salary $22,601.00 effective on Dec 7, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 90
Appointment
Human Resources/Counselor II
That Communication No 63 CCP Dec 22, 1992 be received and filed
and the Permanent appointment of Jacquiline Ostanski stated above at the
Intermediate salary $22,237.00 effective on Dec 11, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 91
Appointment
Human Resources/Counselor III
That Communication No 64 CCP Dec 22, 1992 be received and filed
and the Permanent appointment of Kelli A. Blakeley stated above at the
Intermediate salary $22,798.00 effective on Dec 11, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 92
Appointment
Human Resources/Counselor III
That Communication No 65 CCP Dec 22, 1992 be received and filed
and the Permanent appointment of Edwin Hernandez stated above at the
Intermediate salary $22,798.00 effective on Dec 11, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 93
Appointment
Human Resources/Counselor III
That Communication No 66 CCP Dec 22, 1992 be received and filed
and the Permanent appointment of Kathleen Cunningham-Isch stated above at the
Maximum salary $24,252.00 effective on Dec 11, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 94
Notices Of Appointments (C.Clerk)
(Item # 75 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 95
Prop. Agreement For Credit Enhancement
(Item # 122 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Permission To Execute Drug Interdiction Grant
(Item No. 50, C.C.P., Dec. 22, 1992)
That the Mayor be and he hereby is authorized to execute the 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 September 1, 1992
through August 31, 1993.
PASSED.
AYES- 13 NOES- 0.
No. 97
Western New York Communications/Install Pay Phones
(Item # 74 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Veto/Compromise Of Demolition Liens
(Item # 2 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA,
ZUCHLEWSKI- 10.
NOES- AMOS, LOTEMPIO, PITTS- 3.
No. 99
Request To Trade-In Automotive
Diagnostic Test Tool # 2000E
(Item No. 47, C.C.P., Dec. 22, 1992)
That the Commissioner of Parks, be and he hereby is authorized
to trade in an automotive diagnostic test tool # 2000E (City I.D. # 28946)
toward the purchase of a new updated diagnostic monitor 4000E, at a cost to the
City with trade-in of $598.47.
PASSED.
AYES- 13 NOES- 0.
No. 100
Reduction of Retention
Citywide Playground Renovation Phase 3
(Item No. 48, C.C.P., Dec. 22, 1992)
That the Commissioner of Parks, be and he hereby is authorized
to reduce a 10 percent retention on a contract with Gleason's Nursery for the
Citywide Playground Renovation Phase 3 to $2,000.00 which will cover the work
to be completed.
PASSED.
AYES- 13 NOES- 0.
No. 101
Return 1228 & 1258 Jefferson
To The Free Spirit Baptist Church
Item No. 26, 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 moved:
That the Comptroller be, and he hereby is authorized to negotiate with
the Free Spirit Baptist Church for the private sale of 1228 and 1252 Jefferson
Avenue and report to this Honorable Body the results of such negotiations,
provided that the price be at least equal to the amount of taxes, penalties and
in rem fees owed or fair market value, whichever is greater.
ADOPTED.
No. 102
Forgive Taxes 1041 & 1047 Grant
(Item # 224 CCP Jul 7, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Forgive Taxes 1041 Grant (CC)
(Item # 65 CCP Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Forgive Taxes 1041 Grant (Assmt)
(Item # 22 CCP Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
D. Volker/Retro. Ret. Coverage/Cotter Crew
(Item # 69 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. 106
Supercuts, Tenant
Petition To Use 2165 Delaware avenue - Sign
(Item No. 87, C.C.P., Dec. 22, 1992)
That after a public hearing before the Committee on Legislation
on December 29, 1992, the petition of Supercuts, tenant, for permission to use
2165 Delaware Avenue for a pole sign be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 107
Bennie Caudle, Owner
Petition To Use 572 South Division - Sign
(Item No. 78, C.C.P., Nov. 24, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 108
B. Caudle Use 572 S. Division (CPBD)
(Item # 6 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 109
McLean-Thomas Wholesale, Owner
Petition To Use 266 Broadway
(Item No. 99, C.C.P., Dec. 8, 1992)
That after a public hearing before the Committee on Legislation
on December 1, 1992, the petition of McLean-Thomas Wholesale, owner, for
permission to use 266 Broadway for a pole sign be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 110
FEDCO Automotive-Easement - Tank 57 Tonawanda Street
(Item No. 79, C.C.P., Dec. 22, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Fedco Automotive, to use a portion of 99 foot
Tonawanda Street right of way for the purpose of installing a vertical storage
tank and a vaporizer with attendant piping, with the condition a bond be posted
to be in effect for the life of the tank and any other conditions as required
by the Department of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 111
Request Local Law Manpower/Power
(Item # 142 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 112
Local law Minimum Police Manpower (A&F)
(Item # 60 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit the above item to the Committee on
Legislation.
ADOPTED.
No. 113
Hire 80 Police With Early Retirement Savings
(Item # 144 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- AMOS, FAHEY- 2.
No. 114
Hire Police With Early Retirement Savings (A&F)
(Item # 61 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
G&E Management/Use Increase In Taxes For More Police
(Item # 81 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Federal Support To Hire More Police
(Item No. 151, C.C.P., Dec. 8, 1992)
That the Common Council request the Commissioner of Police to
report on any current federal programs of funding that is currently provided to
the City of Buffalo to fight crime; and
That the City of Buffalo, including the Mayor, Common Council and Police
Department not only gather any and all information pertaining to the proposed
Clinton plan to hire more police, but the city formally requests that the
federal government include Buffalo in any funding or grant plan to hire more
police officers in America's municipalities;
That this Common Council request the local congressional delegation to
support funding for this plan specifically earmarking funds to Buffalo for
greater police department hiring.
ADOPTED.
No. 117
Eliminate Parks Department & Recreation
(Item # 156 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Eliminate Parks Department (CC)
(Item # 29 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Friends Of Olmsted/Oppose Zoo Expansion
(Item # 80 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Residential Parking (PW)
(Item # 42 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Residential Parking (A&F)
(Item # 62 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
C. Thomas/Request Better Street Plowing/Salting
(Item # 85 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Monthly Overtime Report (Compt)
(Item # 19 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Permits Issued/Canceled/Church Festival (PW)
(Item # 44 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Accept Donations Gun Buy Back
(Item No. 5, C.C.P., Dec. 22, 1992)
That the Mayor be and he hereby is authorized to accept the donations
of Fleet Bank, Marine Midland Bank, M&T Bank, Key Bank and Rochester Savings
Bank as well as any other present and future donations given to defray the
costs of a gun amnesty program. Such donations are to be held in a trust and
agency account until such program is in place.
ADOPTED.
Mr. Coppola moved to approve the above item; seconded by Mr. Higgins.
Mr. Bell moved to amend, and recommit the above item to the Committee on
Legislation; seconded by Mr. Amos.
LOST.
AYES- AMOS, BELL, FAHEY, FRANCZYK, PERLA, ZUCHLEWSKI- 6.
NOES- ARTHUR, BAKOS, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PITTS- 7.
Mr. Coppola now moved his original motion to approve the above item; seconded
by Mr. Higgins.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PITTS- 9.
NOES- FAHEY, FRANCZYK, PERLA, ZUCHLEWSKI- 4.
No. 126
Hazardous Waste T. F. Report (C. Clerk)
(Item # 71 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Status CNG Conversion (GS)
(Item # 67 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
NFTA/Plans For CNG Use
(Item # 83 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Strict School Code Of Behavior (BD. ED.)
(Item # 69 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Nominees For Appointments To The
Buffalo & Erie County Public Library
(Item No. 4, C.C.P., Dec. 22, 1992)
That the nominations of Ms. Donna M. Lyons, 29 Wright Avenue,
Buffalo, New York 14215, Ms. Suzanne J. Bohen, 156 McKinley Parkway, Buffalo,
New York 14220, and Mr. Jay B. Duderwick, 335 Weimar, Buffalo, New York 14206
as nominees for trustee of the Buffalo and Erie County Public Library, be and
hereby are approved.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 131
Reconfirmation Of Bart Sumbrum
As Commissioner Of Street Sanitation
(Item No. 3, C.C.P., Dec. 22, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the appointment of Bart Sumbrum as Commissioner of Street
Sanitation, effective immediately, be reconfirmed.
ADOPTED.
Common Council
City Clerk
1308 City Hall
Buffalo, New York 14202
TO THE COMMON COUNCIL:
Please be advised that I have neither requested nor do I intend to
request a waiver of any or all of the balance of my probationary period in the
Fire Department.
I intend to serve all of the remainder of my probationary period when I
return to my position in the Fire Department.
Bart Sumbrum
AYES- AMOS, BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 10.
NOES- ARTHUR, BELL, COLLINS- 3.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 132
Land Disposition Agreement For Court Tower Group
Item No. 132, C.C.P., Dec. 8, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 133
Land Disposition Agreement For
Niagara Building Association Partnership
Item No. 133, C.C.P., Dec. 8, 1992
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 134
Authorize CATV Committee To
Renegotiate TCI Lease (RES # 2)
(Item # 186 Mar 3, 1992 CCP)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Protest Rate Increase By TCI
(Item No. 157, C.C.P., Dec. 8, 1992)
That this Common Council formally express its very strong objection
to the rate increase recently announced by TCI of New York to the New York
State Commission on Cable Television and the Federal Communications Commission,
and ask those agencies to report on whether the city has any legal basis upon
which to challenge those increases; and
That this Council direct its Special CATV Committee to hold a hearing to
elicit public comment about the rate increase; and
That the City Clerk forward a certified copy of this resolution to the
New York State Commission on Cable Television, the Federal Communications
Commission, and TCI of New York.
ADOPTED.
No. 136
Amendment Of Agreement Between The City Of Buffalo And Buffalo Cable Access
Media
(Item # 76, C.C.P. 9/01/92)
That the attached Agreement, which amends the Agreement dated
October 10, 1992 between the City of Buffalo and Buffalo Cable Access Media, be
approved and ratified.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 137
BY: MR. ARTHUR
REQUEST CORPORATION COUNSEL TO PREPARE SPECIFICATIONS FOR BIDDING
NAMING RIGHTS FOR THE DOWNTOWN BASEBALL STADIUM
WHEREAS: Pilot Air Freight commenced legal action against the City
and the Buffalo Bisons in a dispute involving the naming rights of Pilot Field;
and
WHEREAS: Pilot Air Freight has not paid last year's rent in the amount of
$51,000.00, nor this year's rent which was due in December; and
WHEREAS: The City of Buffalo has asserted claim against Pilot Air Freight
for unpaid rent and for failure to provide a letter of credit.
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests the Corporation Counsel to prepare
specifications for bidding the naming rights to the downtown Baseball stadium.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 138
BY: MR. BELL
CITY OF BUFFALO SELF HEALTH INSURANCE PROGRAM
Whereas: The projections for Buffalo's budget health have been
diagnosed as "serious" at best; and
Whereas: New ways of cutting the costs of running city government will be
vital if Buffalo is to continue providing the basic services to its citizens;
and
Whereas: One of Buffalo's sizable costs is health insurance for its
employees; and
Whereas: The amount for health related benefits for City, Sewer Authority
Housing Authority, Board of Education, and AURA employees exceeds 30% of
employee salary compensation; and
Whereas: The city of Buffalo should be exploring its own health care
insurance program for the benefit of its employees and the fiscal health of the
city.
Now Therefore be it Resolved That:
A task force comprised of members of the Common Council; Administration; City,
Authority, Board of Education, and Agency unions; and the GBDF be formed as
soon as possible to explore the financial impact of a City of Buffalo Health
Insurance Fund; and
Be It Further Resolved That
This task force be convened by the second week of January, 1993.
ADOPTED.
No. 139
BY: MR. COLLINS
INCREASED APPROPRIATION
RESERVED FUND BALANCE
APPROPRIATION ALLOTMENTS
DEPARTMENT OF AUDIT & CONTROL
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 - Department of Audit & Control be and the same hereby is increased
in the sum of $8,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $8,000 from 100-890-050 - Reserved Fund Balance for Capital
Budget Appropriations to meet this increased appropriation as set forth below:
TO:
100 General Fund
04-0 Department of Audit & Control
085 - Capital Outlay
983 - Office Equipment & Furnishings
Shelving $8,000
PASSED.
AYES- 13 NOES- 0.
No. 140
BY: MR. COLLINS
BOND RESOLUTION
$350,000 SERIAL BONDS
THE ACQUISITION AND RECONSTRUCTION OF THE SOUTH DISTRICT POLICE STATION ACCOUNT
200-402-009
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $350,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, IN
ADDITION TO THE $400,000 GENERAL IMPROVEMENT SERIAL BONDS HERETOFORE
AUTHORIZED, TO FINANCE THE COST OF RECONSTRUCTION OF THE BUILDING AT 1839 SOUTH
PARK AVENUE TO BE USED AS THE SOUTH DISTRICT POLICE PRECINCT, AT THE ESTIMATED
MAXIMUM COST OF $750,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
Three Hundred Fifty Thousand Dollars ($350,000), in addition to the $400,000
General Improvement Serial Bonds heretofore authorized, 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 acquisition and reconstruction of the building located
at 1839 South Park Avenue in the City, including acquisition and improvement of
the site, and acquisition of original furnishings, equipment and apparatus
required for the use of the building as the South District Police Precinct.
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 $750,000 as
set forth in the duly adopted Capital Improvements Budget, as amended, of said
City for fiscal year 1992-93.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Public Works,
Division of Buildings, "Acquisition and Reconstruction of South District Police
Station 1992-93," Bond Authorization Account No. 200-402-009, and shall be used
for the purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be incurred by the
City, pursuant to this Bond Resolution, in the maximum amount of $350,000.
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 at least Class "B" construction as
defined by Section 11.00 a. 11. (b) 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) (2) 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: Jan. 5, 1993
LAID ON THE TABLE.
No. 141
BY: MR. COLLINS
INSTALLATION OF PUBLIC TELEPHONES
WHEREAS: Council approval is not required for the installation
of public telephones by New York Telephone in the city of Buffalo; and
WHEREAS: Other communication companies require Council approval to install
pay phones in the Buffalo area; and
WHEREAS: The current policy used by New York Telephone to circumvent council
approval and the procedure in determining the location of public telephones is
not known.
NOW, THEREFORE BE IT RESOLVED:
That this Common Council request that the Department of Public Works notify
this Council of any request submitted by New York Telephone for the
installation of Public Telephones in the city of Buffalo.
BE IT FURTHER RESOLVED:
That this Common Council request the Department of Public Works file a report
detailing the policy and/or procedure used in determining the location of
public telephones and why Council approval is not required.
ADOPTED.
No. 142
BY: MR. COPPOLA
REQUEST UPDATE ON RECYCLING
WHEREAS: Beginning Monday, December 7, 1992, the recycling program
started an alternate week pickup schedule whereby paper and cardboard would be
picked up one week and glass, plastic and cans the next; and
WHEREAS: Prior to this change, the recycling program was very successful
with a majority of residents in the Delaware District taking part in the
program by placing recyclables on the curb in the blue box provided by the
city; and
WHEREAS: Since the alternate recycling program began on December 7, 1992, it
has been noted that the number of blue boxes on the curb has decreased, not
only in the Delaware District but city-wide, also; and
WHEREAS: As the previous recycling program was successful and gained
much-needed funds to help offset landfill costs, it would be helpful for this
Council to be provided with a comparison of the tonnage picked up prior to and
after December 7th.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council requests an update from the Streets Sanitation Department
and Department of Public Works regarding a comparison of the tonnage picked up
prior to and after the alternate week recycling schedule change.
ADOPTED.
No. 143
BY: MR. FAHEY
REQUEST COUNTY TO DEVELOP A PLAN FOR
SHARING REVENUE FROM SALES TAX
WHEREAS, It appears that Erie County will request an extension
of the eighth percent of county sales tax when it expires in February, 1993;
and
WHEREAS, Presently the County keeps the entire eighth percent; and
WHEREAS, Local governments and school districts are in desperate need of
sources of revenue other than the already overburdened property tax-payer; and
WHEREAS, Revenue from the eighth percent should be shared with local
governments and school districts in the same way the other three percent local
portion is shared,
NOW, THEREFORE, BE IT RESOLVED THAT:
This Common Council supports the efforts of Legislator Michael Fitzpatrick of
the Erie County Legislature toward sharing of the revenue from the eighth
percent of the county sales tax; and
BE IT FURTHER RESOLVED THAT:
This Common Council urgently requests County Executive Gorski to develop a plan
to phase in the sharing of this revenue with local governments and school
districts in the county.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 144
BY: MR. FAHEY AND ALL OTHER COUNCILMEMBERS
AUTHORIZE PERSONAL SERVICE CONTRACTS
FOR COMMON COUNCIL INTERNS
WHEREAS: The funds allocated for use as salaries for Common Council
interns have been exhausted; and
WHEREAS: The Administration has refused to comply with the Council's request
for a reallocation of funds to continue the intern program; and
WHEREAS: The Administration's function in a reallocation of this nature is a
"ministerial" action; and
WHEREAS: It is in the best interest of the city of Buffalo to employ the
services of Student Interns to assist in the operations of the Common Council;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council authorize the Council President to enter into personal
services contracts with individuals who will perform the duties of Council
Interns; and
BE IT FURTHER RESOLVED:
That the terms outlined in the attached agreement serve as the conditions for
employment for the interns.
ADOPTED.
No. 145
BY: MR. FRANCZYK
EXPLORE CONSERVANCY MODEL FOR PARKS DEPT. AND OLMSTED SYSTEM
WHEREAS: Projections by city budget officials and the independent
Buffalo Financial Plan Commission concur that the gap between city revenues and
expenses will continue to grow, possibly resulting in a deficit from anywhere
from $16 to $29 million in fiscal year 1993-94, with greater gaps in following
years; and
WHEREAS: The upshot of these dire budget projections have resulted and will
continue to result in cuts in departments providing vital city services; and,
WHEREAS: Among the departments hobbled by budget cuts in recent fiscal years
has been the Parks Department, which has a total work force of about ninety
employees, a number inadequate to provide for long-term planning and
comprehensive management of Buffalo's many parks, playgrounds and recreational
facilities. By way of illustration, there were 207 Parks Department employees
in 1977. The Parks Department budget of 1991-92 of $5,040,316 has been reduced
to $4,451,366 in fiscal year 1992-93; and,
WHEREAS: Out of nineteen American cities surveyed, Buffalo is the second
lowest in funds earmarked for parks operation budget as a percentage of the
total municipal operating budget, about .08% of Buffalo's total budget, a cut
from 1.0% in fiscal year 1991-92. By way of contrast, the City of Phoenix
spends 8.09% of its total Operating Budget on its Parks Budget, Cleveland
spends 3.89%, and on the lowest end, New York City spends .044% of its total
budget on parks expenditures; and,
WHEREAS: Buffalo's historic 19th century parks system, particularly its
Olmsted Parks, are known throughout the world for the vision of their design
and great beauty; and,
WHEREAS: The Olmsted system, planned by Frederick Law Olmsted as the
nation's first deliberately designed parks network, creates a bucolic green
oasis within an urban milieu; and,
WHEREAS: Budget cuts at the current rate my in fact result in a further
shrinkage of the Parks Department, rendering even the most primitive
maintenance difficult if not impossible; and,
WHEREAS: The severity of the city's budget difficulties has mandated that
government initiate creative approaches to running city departments, which can
no longer be operated successfully by existing methods; and,
WHEREAS: The lack of sufficient city funds to properly operate the Parks
Department may necessitate the creation of a new model based on a
private/public partnership to promote a civic "stewardship" of city parks; and,
WHEREAS: In a response to continued depredations in New York City's Central
Park a decade ago as a result of severe budget cuts, a Central Park Conservancy
was well established to restore Central Park as well as ensure its continued
vitality for decades to come. The Central Park Conservancy was set-up in 1980
as a not for-profit planning and fund raising corporation; and,
WHEREAS: Corporate and private gifts to the Central Park Conservancy have
come from over 30,000 donors, doubling the annual operating budget available
for the Park, funding all tree and turf care and preservation maintenance, as
well as education and cultural programs; and
WHEREAS: In fiscal year 1992, financial support and revenue received for
the Central Park Conservancy, including endowment monies, totalled $10.4
million; and,
WHEREAS: Buffalo's population and corporate base is a microcosm of New York
City's much greater resources, although Buffalo's -"Top 100" companies, in
addition to other corporate and private donors would no doubt be willing to
contribute to a Buffalo Parks Conservancy Model; and
WHEREAS: A cooperative partnership between the City of Buffalo, Parks
Department and private, incorporated not-for-profit "Buffalo Parks Conservancy"
could create a new administrative and fund-raising mechanism to restore the
city's parks and playgrounds, as well as provide long-term visionary planning;
and,
WHEREAS: The Buffalo Parks Conservancy could, as outlined in the Buffalo
Friends of Olmsted Parks Report, "develop a dedicated funding source for
Buffalo's Olmsted Park System, develop and implement a park system management
and restoration plan; develop and manage a pro-active and viable maintenance
plan; and create a regional resource that benefits residents and tourists; and,
WHEREAS: The Buffalo Parks Conservancy can be a conduit to raise and channel
funds for the hiring of personnel to implement the planning and implementation
of city park restoration as an antidote to the continued contraction of
municipal funds available to the parks system; and,
WHEREAS: A Buffalo Parks Conservancy should be structured to create a
Public/private stewardship not only for the Olmsted Parks system but for all
parks, playgrounds and recreational facilities in Buffalo which have suffered
neglect; and,
NOW THEREFORE BE RESOLVED: That this Common Council creates Task Force charged
with studying and designing a Buffalo Parks Conservatory Model; and,
BE IT FURTHER RESOLVED: That the Buffalo Parks Conservancy be fashioned as a
private/public civic partnership to promote a stewardship over Buffalo parks
and the Olmsted system, advocating the securing of private and public funds for
the parks improvement and management; and,
BE IT FINALLY RESOLVED: That the Buffalo Parks Conservancy Task Force include
members of the Common Council, the Commissioner of Parks, Commissioner of
Community Development, Commissioner of Public Works, members of the Friends of
Olmsted Parks, Delaware Park Steering Committee, Martin Luther King steering
Committee, Friends of Cazenovia Casino, Parkside Community Association,
representatives of County government, members of the corporate community, City
of Buffalo Labor Union and other interested persons, to be named at a future
date.
ADOPTED.
No. 146
BY: MR. FRANCZYK
ZONING CORRECTION 104 LEWIS STREET
WHEREAS: The Polish Community Center applied for a zoning change
from M-2 to R-3 for the cite located at 104 Lewis street and that item was
approved by C.C.P. September 15, 1992 No. 113; and
WHEREAS: The Planning Board recommended to the Common Council that the
subject property should be rezoned from M-2 to R-5 to meet the projected
densities of the proposed housing development and this recommendation was
discussed at the public hearing conducted by Legislation Committee on July 28,
1992; and
WHEREAS: The Planning Board attempted to rectify the zoning classification
error of the subject property from R-3 to R-5 by letter dated November 17,
1992; however, the error was not corrected.
NOW THEREFORE BE IT RESOLVED THAT: The zoning classification for 104 Lewis
street be changed from R-3 to R-5 without additional cost to the Polish
Community Center.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 147
BY: MESSRS. FRANCZYK AND BELL
ENVIRONMENTAL HAZARD AT CARGILL
WHEREAS: Numerous complaints have been received from French street
residents regarding white dust spewing from the Seaboard Allied Dept. of
Cargill Corporation. The flour-like substance permeates homes, vehicles,
gardens, sidewalks and streets in the community, effecting the health and well
being of residents. When mixed with rain water, the floury substance turns into
a paste, causing damage to homes and cars; and
WHEREAS: Complaints against Cargill date back to at least the spring of 1990
from better than a dozen nears residents. The Common Council warned Cargill
in 1990 in regard to the emissions problem and Cargill then admitted that human
and mechanical errors were responsible for the flour emissions that regularly
covered the neighborhood; and
WHEREAS: Cargill assured the Common Council that the problem was remedied
and that there would be no further violations. However, recent complaints from
neighborhood residents demonstrate that illegal emissions have resumed; and
WHEREAS: The Fillmore District Council office contracted Housing and
Property Inspections by letter dated September 5, 1992, and requested an
inspection of the Cargill plant; however, to date no response has been
received; and
WHEREAS: Cargill was cited by the Council on Economic Priorities as one of
eight companies that are the worst U.S. corporate environmental offenders in
their respective industries. Cargill has shown a complete disregard for the
residents by using a band-aid approach to correcting possible hazardous
environmental conditions and knowingly continues to pollute the surrounding
neighborhood,
NOW THEREFORE BE IT RESOLVED: That the Common Council direct the City Clerk to
forward certified copies of this resolution to the following agencies, which
are requested by the Council to: immediately investigate the emissions at
Cargill; take any punitive action deemed necessary against Cargill to prevent a
recurrence of environmental depredations caused by the company; and report to
the Common Council on their findings. The agencies asked to respond will
include: Department of Environmental Conservation; Environmental Protection
Agency; U.S. Department of Labor; Occupational Safety and Health
Administration; Western New York Council on Occupational Safety and Health;
Erie County Department of Environment and Planning; New York State Department
of Health; Erie County Department of Health; Erie County Department of
Emergency; The above agencies are further requested to file a response with the
City Clerk before 2 p.m. on Thursday, January 14, 1992.
NOW THEREFORE BE IT FURTHER RESOLVED THAT: The Common Council direct the
Department of Housing and property inspections to arrange for an immediate
inspection of the Cargill site for possible building code violations and file a
report of findings with the Common Council before the next caucus on January
18, 1993. The Common Council direct the City Emergency Services Coordinator
and The Buffalo Environmental Management Commission to investigate the Cargill
emissions and to submit a report on their findings to the Common Council before
January 18, 1993.
ADOPTED.
No. 148
BY: MRS. LOTEMPIO
SONYMA TARGET AREAS
Whereas: The City of Buffalo has requested that several census
tracts be added to the city's list of SONYMA target areas; and
Whereas: The priority list of tracts the city wishes to have designated as
target areas that have been forwarded to SONYMA, the U.S. Department of IRS/
Treasury, and H.U.D. include Census tracts 1.00, 2.00, 4.00, 55.00, 57.00
,58.00, 59.00, 60.00 and 63.01; and
Whereas: Inclusion of the listed tracts will allow the City to continue a
concentrated effort in its scattered site new housing construction program; and
Whereas: The areas meet or exceed most or all the criteria used in
determining a qualified SONYMA target area; and
Whereas: The City's inquiries about the status of its requests have gone
unanswered since June of 1990;
Whereas: Inclusion in this program will give the City of Buffalo the
opportunity to offer home ownership and investment in transitional areas.
Now Therefore Be It Resolved That:
This Council requests that the State of New York Mortgage Agency, The U.S.
Department of The Internal Revenue Service / Treasury, and The Department of
Housing and Urban Development approve Buffalo's application to the Single
Family Housing Program; and
Be It Further Resolved That:
The City Clerk forward certified copies of this request to SONYMA, IRS/Treasury
Department, H.U.D and the Western New York Congressional Delegation.
ADOPTED.
No. 149
BY: MRS. LOTEMPIO
PARENTAL GROUP OPINIONS ON THE ADVANTAGES AND DISADVANTAGES OF
EDUCATIONAL OPPORTUNITIES OFFERED IN BUFFALO'S ELEMENTARY SCHOOLS
WHEREAS: With approximately 35,000 students attending our city's
elementary schools daily, the task of managing, achieving and assuring an equal
access to quality education is a monumental task; and
WHEREAS: Parent groups representing elementary schools throughout the city
are very valuable assets in gauging the overall quality of education and the
equal distribution of educational opportunities offered in our schools; and
WHEREAS: Having a parental group's "hands on" input for the particular
school they represent is valuable in locating problems in school security and
overall student and teacher morale; and
WHEREAS: Giving these parent groups a public forum to voice their opinions
and concerns about their school's advantages and disadvantages in educational
opportunities would be a constructive start in locating and correcting any
disparities.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council invites parent groups from all City of Buffalo elementary
schools to attend a public hearing to voice concerns regarding the advantages
and disadvantages of educational opportunities at their school. This public
hearing will be held on Tuesday, January 12, 1993 at 2:00 P.M. in council
chambers as part of the scheduled Legislation Committee meeting; and
BE IT FURTHER RESOLVED THAT:
The City Clerk be requested to publish notification of this scheduled public
hearing.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 150
BY: MR. PITTS
SALARY ORDINANCE AMENDMENT
40-1 DIVISION OF ENGINEERING
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-1 Division of Engineering under the subheading
"Temporary Services as Required", is hereby amended by adding thereto:
1 Master of the Fireboat Hourly $19.78
1 Marine Engineer Hourly 18.86
2 Assistant Marine Engineer Hourly 17.46
1 Marine Oiler Hourly 16.29
Employment in the above positions not to exceed March 31, 1993.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the addition of the above
positions 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
PASSED.
AYES- 13 NOES- 0.
No. 151
BY: MR. PITTS
REQUEST WGRZ-TV AND THE NFL TO ALLOW A REBROADCAST OF THE BILLS-OILERS
"MIRACLE COMEBACK" GAME
WHEREAS: Football history was made in a resounding and dramatic
fashion on Sunday, January 3, 1993 when the Buffalo Bills came back from a 32
point deficit to win a thrilling overtime victory over the Houston Oilers in
Rich Stadium; and
WHEREAS: As a wild card game, this contest was only scheduled a week in
advance and ticket sales ran slightly short of a sellout, resulting in a local
television blackout; and
WHEREAS: In spite of that fact over 75,000 fans attended the game while
radios throughout Western New York were tuned to the contest; and
WHEREAS: The Bills' comeback in this game set an all-time NFL record,
surpassing the previous best comeback of 28 points in a 1980 San Francisco vs.
New Orleans regular season game; and
WHEREAS: Incredible plays and Herculean efforts abounded in this game which
became the football equivalent of "It's a Wonderful Life" as the Bills made the
most of the slim second chance they were offered going into the second half;
and
WHEREAS: Fans throughout the TV blackout area would be grateful for the
chance to see this game in full and to watch the plays they were only able to
imagine as they listened to their radios;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests WGRZ-TV and the National Football League to
authorize the rebroadcast of this game as Buffalonians faithfully submitted to
the blackout and a rebroadcast at this time would violate none of the tenets
underlying the blackout rules; and
BE IT FURTHER RESOLVED THAT:
This Common Council directs the City Clerk to send certified copies of this
resolution to WGRZ-TV, the Buffalo Bills and the National Football League; and
BE IT FURTHER RESOLVED THAT:
This Council wishes continued success to the Bills as they travel to Pittsburgh
to play the Steelers in game two of the Bill's four step march to a Super Bowl
victory.
ADOPTED.
No. 152
BY: MR. ZUCHLEWSKI
AUTHORIZE MAYOR TO ENTER INTO A LEASE OR AGREEMENT FOR 28 HERTEL
WHEREAS: Oakgrove Construction has been awarded a contract to reconstruct
a portion of 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: Certain conditions have been negotiated that will benefit the area
surrounding 28 Hertel Avenue; and
WHEREAS: Oakgrove has agreed to the following:
1) Remove excess soil dumped along Hertel Avenue
2) Remove excess soil mounded along river
3) Place 4 rail bridge rails along river edge
4) Establish a turnaround at foot of Hertel
5) Reopen lower Hertel Avenue and paint diagonal stripes
for parking on reopened area
6) Remove concrete bunkers and regrade
7) Save and trim trees
8) Fill between retaining wall and sidewalk with concrete or
blacktop along river
9) Resurface Hertel Avenue with approximately 1" of
blacktop from river's edge to the Watergate apartments
10) Add clean fill to cover existing rough ground and plant up
to 25 trees; and
WHEREAS: The conditions above will provide in-kind services that will save
the taxpayers of Buffalo thousands of dollars;
NOW, THEREFORE BE IT RESOLVED:
That this Council requests that the Mayor of the City of Buffalo execute a
lease or agreement between the city and Oakgrove Construction.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 153
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:
Lucy Breidenstein Martin G. Alf
Francis B. Brochowicz Sandra M. Argenio
Victoria M. Drebot Walter R. Clark, Jr.
Kathleen J. Ellis Luke Cybulski
Susan L. Fasanella William E. Dill
Karen A. Hawthorn John V. Fabian
Eileen C. Keller Robert P. Gallivan
David J. Lesniowski Sandra C. Greco
B. McAdams-Gray Donald A. Gutowski
Carol A. Parot Paul A. Kurzdorfer
Rose M. VanKerkhoven Fred Larson
Lawrence A. Wolff Joseph Minsterman
Louis G. Anzalone James J. O'Brien
Coleen Bohen Edwin Orta
Frank Faber Paul S. Shanks
Kathleen Fitzpatrick Ken R. Skinner
Coleen R. Krantz Garnell Smith
Zoraida Matos William Smith
Donna M. Miranda Patricia J. Thompson
Margaret Cummings
Laurie A. White
Kathi Chavous
Melanie P. Desiderio
Nicholas Forth
Jeffrey A. Jurewicz
Phyllis A. Post
Anthony J. Simonetta
Robert L. Trometer
Maria Lisa Doverspike
Jean Fricano
E. Jane MacDowell
Beatrice E. Rouse
Daniel T. Covert
Joseph R. Battaglia, Jr.
Dolores M. DuBois
Nelson M. Gannon
Patricia Girard
Mary Lou Fennie
Jill A. Fowler
Robert D. Freeman
Mary E. Hoag
Jeffrey J. Lazelle
James E. Mayer
Paul Shriver
Mary Ann Topper
Sylvia A. Zielinski
Total: 65
ADOPTED.
No. 154
BY: MR. ZUCHLEWSKI
APPOINTMENT COMMISSIONERS 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:
Robert J. Alley
Denise Arnold
Marie M. Baumgarten
Lester H. Block
Martha Bobo
Dawn Marie Browns on
Gwendolyn A. Clarke
Donald M. Dade
Amy R. D'Auria
Dolores Gist
Earl D. Gist
Laura Gist
Rise T. Geller
Karin M. Halpern
Susan E. Harlos
Ellen Hoffman
Lawrence Kent
Cynthia M. Klimowicz
Dolores H Leahy
Stephanie McAllister
Patricia McNally
Christine G. Melchiorre
Gayle Mertzlufft
Michael R. O'Connor
Georgette M. Oguich
Beverly J. Rich
Eileen Rogowsky
Penelope L. Schlifke
Kristin E. Schmidt
Nancy W. Schock
Priscilla G. Scott
Cleon O. Service
Patricia M. Skinner
Carol Streiff
Virlee Townsel
Agnes Warnock
Harold E. Wiggins, Jr.
Tyrone Hargrove
Total: 38
ADOPTED.
UNFINISHED BUSINESS
No. 155
BOND RESOLUTION
$100,000 - SCHOOL 13
(ITEM NO. 191, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 156
BOND RESOLUTION
$100,000 - SEWER LINES HUTCH TECH H.S.
(ITEM NO. 192, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 157
BOND RESOLUTION
$120,000 - SCHOOL # 71
(ITEM NO. 193, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 158
BOND RESOLUTION
$230,000 - POLICE RECORD MGMT. SYSTEM
(ITEM NO. 194, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 159
BOND RESOLUTION
$300,000 - KENSINGTON HIGH SCHOOL
(ITEM NO. 195, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 160
BOND RESOLUTION
$300,000 - RIVERSIDE H. S. LIBRARY
(ITEM NO. 196, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 161
BOND RESOLUTION
$440,000 - NEW STUDENT ACADEMY
(ITEM NO. 197, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 162
BOND RESOLUTION
$500,000 - SCHOOL HANDICAP ACCESS
(ITEM NO. 198 , C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 163
BOND RESOLUTION
$700,000 - HUTCH TECH HIGH SCHOOL
(ITEM NO. 199, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 164
BOND RESOLUTION
$2,500,000 - ROADS AND OVERPASSES
(ITEM NO. 200, C.C.P. DECEMBER 22, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Bakos
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 13 NOES- 0.
No. 165
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, JAN 12, 1993 9:30 AM
FINANCE Tuesday, JAN 12, 1993
Immediately Following Civil Service
LEGISLATION Tuesday, JAN 12, 1993 2:00 PM
ECONOMIC DEV. Wednesday, JAN 13, 1993, 10:00 AM
No. 166
ADJOURNMENT
On a motion by Mr. Fahey, Seconded by Mr. Pitts the Council adjourned
at 3:25 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.