HomeMy WebLinkAbout93-0202
No. 3
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 2, 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, February 2, 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. Zuchlewski, the minutes of the stated
meeting held on January 19, 1993, were approved
FROM THE MAYOR
No. 1
Reappointment of Member of Committee for the Aging
Pursuant to the powers vested in me by Section 285.27 of Article
14A of the Charter of the City of Buffalo, 1 hereby reappoint Patricia
Bartolone, residing at 148 Gorski, Buffalo, New York - 14206, as a member of
the Committee for the Aging for a term expiring April 19, 1996.
I hereby certify that Patricia Bartolone is fully qualified for
reappointment to the Committee for the Aging.
RECEIVED AND FILED.
No. 2
Appointment of Members of Committee for the Aging
Pursuant to the powers vested in me by Section 285.27 of Article
14A of the Charter of the City of Buffalo, I hereby appoint the below listed
persons as members of the Committee for the Aging, effective January 15, 1993,
for terms expiring April 19, 1996:
Ann Hourihan 45 Groveland - Buffalo, 14214
Susan O'Day 691 Woodland Dr. - Buffalo, 14223
Donald O. Allen 360 Davidson Ave. - Buffalo, 14215
Delores Leahy 57 Burbank Terr. - Buffalo, 14214
Marcy Amico 430 Crescent Ave - Buffalo, 14214
Rosemarie A. McKenna 279 Starin Avenue - Buffalo, 14216
Judy Morrison 5 Edith Street - Buffalo, 14215
Philip L. Haberstro 358 Argonne Dr. - Kenmore, 14217
Catherine Talty 157 Choate - Buffalo, 14220
Thomas F. Amodeo 143 Lovering Ave. - Buffalo, 14216
Marcel Kaminski 354 Doat Street - Buffalo, 14211
Mary Sapienza 335 Summer St. - Buffalo, 14222
Apartment 911
Jerry Bartus 67 Wyandotte St. - Buffalo, 14207
Christine Threalkill 344 Perry Street - Buffalo, 14204
Apartment 8A
Matthew Lezynski 53 Pulaski Street - Buffalo, 14206
Herbert L. Bellamy 705 Humboldt Buffalo, 14208
Mrs. Michael Murphy 24 Allegany Street- Buffalo, 14220
I hereby certify that the above listed persons are fully qualified to
serve as members of the Committee for the Aging.
RECEIVED AND FILED.
No. 3
Appointment of Member of Advisory Committee for People with Handicapping
Conditions
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo, as amended, I hereby appoint Dominic
Marinelli, residing at 33 Leocrest Court, West Seneca, New York - 14224, as a
member of the Advisory Committee for People with Handicapping Conditions,
effective January 27, 1993 for a term expiring March 31, 1993.
Dominic Marinelli will fill the unexpired term of Brian D. Black who has
resigned.
I hereby certify that Dominic Marinelli is fully qualified to serve as a
member of the Advisory Committee for People with Handicapping Conditions.
RECEIVED AND FILED.
No. 4
TCI Cable TV Rate Restructuring
I would like to advise the Common Council of my opposition to
TCI of New York, Inc.'s plans to restructure rates for basic cable television
subscribers in Buffalo and I ask Your Honorable Body to join with me in such
opposition.
TCI's plan to reduce basic service to 12 channels for $10 per month
provides Buffalo subscribers with no more than glorified antenna reception.
What is characterized by TCI as a benefit to lower income subscribers will
probably result in hundreds of families that now pay the $19 basic rate to be
forced to pay the $22 per month "expanded basic" rate if they want to enjoy
true cable service. Otherwise, they simply would get little more than they
could with a good antenna but at the cost of $120 per year.
When I asked TCI if they could have included ESPN and CNN in the new
basic service, they admitted it was technically possible, but might cost
subscribers a few dollars more each month. I personally believe that TCI is
remiss in their franchise obligation if they do not provide a basic service
format which is more than improved broadcast reception. They must be helping
our City to stay in touch with the world.
TCI has lagged behind other cable franchisees in providing fiber optic
technology to our City. As the administrator of the cable franchise agreement,
the Common Council must closely investigate what may well be a hidden rate
increase in the guise of a lower basic service rate.
I look forward to working with the Common Council on this important
matter.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 5
Testimony to Joint Senate Finance and Assembly
Ways and Means Committee
Attached for your information is a copy of my testimony to the
joint Senate Finance and Assembly Ways and Means Committee hearing held on the
Governor's 1993-94 recommended budget.
I am providing this information to you so that we can work together to
set our priorities on how to address the city's fiscal concerns. I want to
work with your Honorable Body and the Buffalo Financial Plan Commission in
carefully reviewing and implementing, where feasible, their recommendations
that are expected to be released soon.
In addition to my prepared statement l also raised the following concerns
during my testimony:
1) I would like the State to approve a residency requirement for all city
employees, doing away with the present exemption for Police, Fire and Street
Sanitation workers,
2) I would like Buffalo to receive a larger share of the state allocation
for substance abuse services programs. It is my understanding Buffalo is
currently receiving only .2% or $700,000 of the total state allocation of
approximately $300 million,
3) I reminded them of the need for state participation to construct a new
hockey arena and mentioned the city's intention to provide $7.5 to $10 million,
4) I asked them to consider reforms to the State Taylor Law because of the
excessive pay raises for uniformed employees that have been imposed on the city
by the binding arbitration process, and
5) I reiterated the request of State Budget Director, Patrick Bulgaro, that
the legislature adopt a budget by their April 1st deadline to avoid large
borrowing costs for municipalities. In fact, Mr. Bulgaro informed me he was
quite confident Buffalo could receive another spin-up" of Emergency Financial
Aid in 1993 but only if the state budget was adopted on time.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 6
1993-94 Recommended Budget - Pilot Field
I hereby submit to Your Honorable Body my 1993-94 fiscal year
recommended budget for the Pilot Field Enterprise Fund. Pursuant to Local Law
and Section 295.9(c) of the City Charter, this recommendation is due on or
before February 1st of each year. Pilot Field operates on an April l - March 31
fiscal year. The rest of the City's operations use a July 1 - June 30 fiscal
year.
The 1993-94 Pilot Field budget I recommend today totals $2,408,576
consisting of $1,573,600 for operating costs and $834,976 for debt service
requirements. The Enterprise Fund budget format includes the City revenues and
expense for she operating and debt service components in order to reflect the
total cost of the enterprise fund and to comply with generally accepted
accounting principles (GAAP).
The operating budget of $1,573,600 once again does not require any
subsidy from the City general fund. This operating budget is supported in its
entirety by revenues generated from stadium operations and naming rights.
The debt service costs of $834,976 represents the City's 1993-94 subsidy
for construction of this facility.
The budget I am recommending today will fund the operations of Pilot
Field's sixth baseball season. The stadium's principal tenant, the Buffalo
Bisons drew an average of 16,933 baseball fans to our downtown stadium in 1992,
second only to our 1991 national record attendance year of 1,240,951.
Attendance has exceeded 1.1 million people in each of its first five seasons.
The Bisons and the City look forward to another successful season in 1993.
I am requesting Your Honorable Body to approve the budget I am submitting
today.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 7
Amendments in Relation To Registrar of Vital Statistics
The proposed local law and ordinance amendment attached hereto
would abolish the Division of Vital Statistics of the Executive Department and
transfer those powers and duties to the City Clerk, who would also become ex
officio Registrar of Vital Statistics.
Inasmuch as a referendum in the next general election is required to
accomplish these changes, we propose in the interim, to appoint the City Clerk
as Registrar of Vital Statistics in order to effectuate immediately the desired
budgetary savings intended hereby.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 8
Wellington Pub - Request to Expand an Existing Restaurant at 1541 Hertel Ave.
Item No. 90 C.C.P. January 19, 1993
The City Planning Board at its regular meeting held Tuesday, January
26, 1993, considered the above application pursuant to Section 511-59 of the
Buffalo Code - the Hertel Ave. Zoning District.
The applicant seeks to enclose an existing patio area thereby expanding
an existing restaurant by 630+ square feet.
The site is located in the Hertel Avenue District which considers
expansion of eating and drinking places to be restricted uses requiring the
approval of your Honorable Body. Under the Buffalo Code, four additional
parking spaces should be provided by the applicant to accommodate the proposed
expansion. The applicant has informed the Board that parking for both the
expansion and the existing restaurant has been reserved on a private lot within
1000 feet of the site. Lastly, under SEQR the proposed extension may be
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed expansion on the
condition that the applicant will provide the required off-street parking.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 9
Certificate of Necessity
Transfer of Funds Appropriation Allotments
City Clerk, Council President and Audit and Control
Trust & Agency Records Management
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is
necessary that the sums of $7,500, $7,500 and $8,000 be transferred and
reappropriated from the City Clerk's printing and binding account, the Council
President's Legal Services account and the Department of Audit and Control's
account for Office Equipment and Furnishings, respectively, as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, January 25, 1993
RECEIVED AND FILED.
No. 10
Interfund Cash Loan
200-Capital Projects Fund
401-532-00-000
Ontario Street Boat Launch
Certain Federal and state aided programs require a cash advance
until the program is operating and reimbursement is received.
I have reviewed the program listed below and determined the cash needs to
be warranted. I have approved an interfund cash loan to be made in the maximum
amount of $440,000.00 as needed subject to your approval. Loan is payable at
date of reimbursement.
FROM: 100 - General Fund
TO: 200 - Capital Projects Fund
ACCOUNT NO.: 200 - 401 - 532-00-000
GRANT TITLE: Riverside Park Ontario Street Boat Launch
GRANT NUMBER: EQ-57-MP-5002
AMOUNT: $440,000.00
Estimated Date of Repayment: June 1993
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Permission to Negotiate
53 Pauline, E 223' S Gesl
Vacant Lot Size: 25' x 104'
Assessed Valuation: $700
The Office of the Comptroller, Division of Real Estate, has received
a request from Francis Turner of 125 Autumnview Road, Williamsville, New York
to purchase the above captioned property.
Ms. Turner purchased 51 Pauline in 1986 and believed at the time that she
was purchasing 53 Pauline, which has a one car garage on it that the previous
owners utilized. Ms. Turner has made significant improvements to the garage
and recently became aware that the garage is on City-owned property. The City
obtained 53 Pauline at In-Rem in 1983 from Logistis Partner System, Inc.
The Department of Inspections and Community Revitalization was contacted
and they have no objection to this sale. The Tax and Demolition Lien Offices
were also contacted and there are no outstanding taxes and/or demolition liens
owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller, dated January 13, 1993, be
received and filed; and
That the Comptroller be and he hereby is authorized to negotiate with
Francis Turner, residing at 125 Autumnview Road, Williamsville, New York for
the private sale of 53 Pauline, and report to this Honorable Body the results
of such negotiation.
ADOPTED.
No. 12
Report of Bids - 3 48 Austin Street Former Precinct # 13
Item No. 116, C.C.P. 01/21/92
In the above referenced item Your Honorable Body transferred the
above property to the Division of Real Estate for disposition. The property
was former Precinct House # 13 and consists of a 2 1/2 story brick structure
situated on a lot 80' x 100' on the north side of the street the east corner of
Joslyn.
Request for proposals were solicited by the Department of Community
Development from parties interested in acquiring the property for private use.
Proposals were solicited from fourteen interested parties and eight proposals
were received.
Six proposals submitted were from various low income housing proponents
who lacked or failed to provide a funding commitment to undertake their
proposed projects.
Two other proposals were submitted that required no governmental
resources to undertake and will be privately financed. Of the two proposals,
one offered a purchase price of Forty Thousand Dollars ($40,000) and the other
Sixty Thousand Dollars ($60,000) for the property. (Attached is a list of all
proposals received, name of party, proposed project, amount offered and type of
financing.)
The Sixty Thousand Dollar ($60,000) purchase price proposal was submitted
by Mr. Donald W. Scott, Jr.
Since the property is zoned residential, Mr. Scott intends to renovate
the upper floor as his personal residence and use the first floor for his
graphics design studio. Any other use of the property will require rezoning.
Two independent appraisals of the property were commissioned by the
Division of Real Estate. A report submitted by Mr. Frank Pirritano estimated
the fair market value of the property at Forty-Seven Thousand Dollars
($47,000). The second report submitted by Mr. Richard Bronstein estimated the
fair market value at Fifty-Five Thousand Dollars ($55,000).
I am recommending that Your Honorable Body accept the bid of Donald
Scott, Jr. in the amount of Sixty Thousand Dollars ($60,000), on the following
conditions:
1. That the City will not furnish a survey.
2. Purchaser will obtain Title Insurance.
3. Purchaser will accept a Quit Claim Deed for the property
4. Should the City fail to provide good and marketable Title to the
property, the purchaser's deposit will be refunded to him.
I am further recommending that the Corporation Counsel prepare an
agreement incorporating the above terms and any other terms deemed appropriate
by the Corporation Counsel for the purchase and that the Mayor be authorized to
sign the deed for the transfer of the property.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESIDENT OF THE COUNCIL
No. 13
Appointment Health Care Task Force
Item No. 24 C.C.P. 1/19/93
This item from the Comptroller requests that the Common Council
delay the formation of a Health Care Task Force until such time as the
Comptroller completes his audit and files his report. Please be informed that
this Task Force was suggested by Council member Bell (Res. 189, 1/22/92) and
adopted by this Common Council. Thus far l have delayed formation of this task
force, but l will continue to do so only at the behest of Council member Bell
and the Common Council.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 14
Request Approval of Certificate of Base
Percentages, Current Percentages and
Current Base Proportions
Enclosed find Certificate of Base Percentages, Current Percentages
and Current Base Proportions.
I am respectfully requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law.
The aforementioned Certificate was prepared by this department with the
assistance of the New York State Division of Equalization and Assessment
pursuant to the Real Property Tax Law and the Rules and Regulations of the
Board of Equalization and Assessment.
Upon approval of this Certificate, kindly direct the City Clerk to sign,
date, and forward said Certificate to the New York State Board of Equalization
& Assessment, to the attention of Heather Burrall, Equalization Rates Analyst
I, 16 Sheridan Avenue, Albany NY 12210-2714. Also, kindly direct the City Clerk
to furnish this department with a copy of the approved Certificate.
The approval of this Certificate is the primary step toward the final
calculation of the City's Base Proportions that will occur after the March 1,
1993 Assessment Roll is completed. Upon completion of the March 1, 1993
Assessment Roll, you will once again be informed as to the City's new Base
Proportions.
Mr. Fahey moved:
That the communication from the Commissioner of Assessment, dated January
28, 1993, be received and filed; and
That the Certificate of Base Percentages, Current Percentages and Current
Base Proportions as included in the above communication, be and hereby is
approved, and
That the City Clerk is hereby directed to sign, date and forward said
Certificate to the New York State Board of Equalization and Assessment,
attention Heather Burrall, Equalization Rates Analyst I, 16 Sheridan Avenue,
Albany, New York 12210-2714, and
That the City Clerk is hereby directed to provide the City of Buffalo
Department of Assessment with a copy of the approved certificate.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 15
Notification Serial # 8275
No 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 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Parking
following:
Prohibited Portion of Highway Prohibited Period
Niagara Street, east side 9am-3pm Thursday and Friday
from Hertel Ave. to Arthur St.
This is necessary in order to restrict parking to allow for heavier
traffic volumes travelling north during the reconstruction of the I-190. To be
repealed when construction is complete.
Notification Serial # 8276
No Standing
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Standing
following:
Prohibited Portion of Highway Prohibited Period Daily
Niagara Street, east side 6AM - 9AM and 3PM - 6PM
from Bridge St. to Arthur St.
excluding No Parking & No Standing
areas
This is necessary in order to restrict parking to allow for heavier
traffic volumes travelling north during the reconstruction of the I-190. To be
repealed when construction is complete.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 16
Permission to Enter into an Agreement for a Federal-Aid Project for the Seneca
and Hamburg Street Bridges
I hereby request permission from your Honorable Body to enter
into an agreement with the New York State Department of Transportation to
replace the Seneca Street Bridge Route 16 (From Hamburg Street to Larkin
Street) BIN 2-01198-0 over Conrail and the Hamburg Street Bridge (From Perry
Street to Seneca Street) BIN 2-26041-0 over Exchange Street and Conrail plus
interconnecting BINS 2-26041A and 2-26041B.
The State of New York shall design, prepare bids, and provide
construction inspection for this project.
The Project will be funded 80% by the Federal Government. The approximate
cost to the City of Buffalo will be $3.118 Million. Funds for the City share
will be available when bonds are sold.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated January
22, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
enter into an agreement with the New York State Department of Transportation to
replace the Seneca Street Bridge Route 16 (from Hamburg Street to Larkin
Street) BIN 2-01198-0 over Conrail and the Hamburg Street Bridge (from Perry
Street to Seneca Street) BIN 2-26041-0 over Exchange Street and Conrail plus
interconnecting BINS 2-26041A and 2-26041B. The approximate cost to the City
of Buffalo will be $3,118,000 and funds for the City's share will be available
when bonds are sold.
PASSED.
AYES- 13 NOES- 0.
No. 17
Permission to Enter into an Agreement for the Reconstruction of the Babcock
Street Bridge Over Conrail Tracks - PIN 5753.67 BIN 2-26042-0
Attached please find an agreement with the State of New York Department
of Transportation for the above mentioned project.
I hereby request permission from your Honorable Body to allow the Mayor
to enter into an agreement with the New York State Department to reconstruct
the Babcock Street Bridge over Conrail tracks. Funds for the City share of
this project will be available in Division of Engineering Accounts when bonds
are sold.
Mr. Fahey moved :
That the communication from the Department of Public Works, dated January
27, 1993, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an agreement
with the New York State Department of Transportation to reconstruct the Babcock
Street Bridge over Conrail tracks. Funds for the City's share will be available
in Division of Engineering Accounts when bonds are sold.
PASSED.
AYES- 13 NOES- 0.
No. 18
Permission to Enter into an Agreement for the Reconstruction of the Stevenson
Street Bridge Over Cazenovia Creek - PIN 5753.84 BIN 2-26074-0
Attached please find an agreement with the State of New York Department
of Transportation for the above mentioned project.
I hereby request permission from your Honorable Body to allow the Mayor
to enter into an agreement with the New York State Department of Transportation
to reconstruct the Stevenson Street Bridge over Cazenovia Creek. Funds for the
City share of this project will be available in Division of Engineering
Accounts when bonds are sold.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated January
22, 1993, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an agreement
with the New York State Department of Transportation to reconstruct the
Stevenson Street Bridge over Cazenovia Creek. Funds for the City's share will
be available in Division of Engineering Accounts when bonds are sold.
PASSED.
AYES- 13 NOES- 0.
No. 19
Reconstruction of Bailey Avenue
Dingens to William Street - P.I.N. 5307.68
Item No. 25, C.C.P. 11/12/91
Resolution # 25 passed by the Common Council on November 12, 1991
authorized the Mayor to enter into an agreement with the New York State
Department of Transportation to reconstruct Bailey Avenue from William Street
to Dingens Street.
The current agreement (Contract D003946) that was executed by the State
and returned to the City with a transmittal dated February 20, 1992 provides
for the City upfronting as much as $147,000 for the work in Phases I through IV
and for the State's rebate to be limited to a maximum of $70,000. The City has
actually paid $92,500 to date.
At this time, the maximum limit on the State's rebate has been increased
from $70,000 to $144,000 for the final combined I-VI Engineering. The limit on
the City's upfront payment of the full non-Federal share must be increased from
$147,000 to $250,000.
Before detailed design can begin the above information must be formalized
by the Common Council passing a new resolution and the Mayor signing a new
substitute agreement.
I hereby request your Honorable Body to allow the Mayor to enter into a
new agreement which would reflect the additional financial commitment.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works, dated
January 27, 1993, be received and filed; and
That the Mayor be, and hereby is, authorized to enter into a new
substitute agreement with the New York State Department of Transportation, to
replace the current agreement (Contract D003946) for the reconstruction of
Bailey Avenue from William Street to Dingens Street, such new agreement to
reflect the additional financial commitments as detailed in the above
referenced communication.
PASSED.
AYES- 13 NOES- 0.
No. 20
Permission to Hire Consultant
Inspection and Load Rating - Various Bridges
I hereby request that your Honorable Body authorize the Commissioner
of Public Works to engage the services of a consultant engineer for inspection,
load rating, and repair recommendations along with design and construction
documents for various bridges in the City of Buffalo.
Funds for this project will be made available in the proper Division of
Engineering Account.
Mr. Fahey moved:
That the communication from the Commissioner of Public Works dated
January 22, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer for inspection, load rating and repair
recommendations together with design and construction documents for various
bridges in the City of Buffalo, with said cost to be charged to the proper
Division of Engineering Account.
PASSED.
AYES- 13 NOES- 0.
No. 21
Lease Agreement - Delavan Ave. Armory
The Department of Public Works currently utilizes the Delavan
Avenue Armory to house its divisions of Signs and Pavement Markings and Traffic
Signals. The owner of the building, the New York State Department of General
Services, has requested that the City enter into a lease agreement for the
property.
Attached is the proposed agreement. It calls for a rental of $3,000 per
month.
I respectfully request Your Honorable Bodies authorization to enter into
this lease with the State of New York Office of General Services.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 22
Change in Contract Old First Ward Community Center Republic & Tennessee Streets
I herewith submit to Your Honorable Body the following change
in contract for the New Building, Old First Ward Community Center, Republic &
Tennesee Sts., Buffalo, New York, Burgio & Campofelice, Inc.
C-91610400:
1. Furnish and install basketball
backboards and baskets. ADD $3,492.50
2. Delete 55'-0" linear feet of
sandstone curbs. DEDUCT $1,870.00
Backboards were not specified in original contract documents, curb work
was deemed unnecessary at this time.
The foregoing change results in a net increase in the contract of One
Thousand Six Hundred Twenty-two and 50/100 Dollars ($1,622.50).
Summary Original Amount of contract $1,567,037.00
Change Order No.1 CCP 5312-23-91 ADD 834.59
Change Order No.2 CCP 411-21-92 ADD 2,734.62
Change Order No.3 CCP 372-18-92 ADD 21,260.00
Change Order No.4 CCP 36 5-12-92 ADD 16,590.00
Change Order No.5 CCP 306- 9-92 ADD 1,088.94
Change Order No.6 CCP 569- 1-92 ADD 2,957.00
Amount of this change (No.7) ADD 1,622.50
Revised Amount of Contract $1,614,124.65
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable.
Funds for this work are in B/F 200-402-024 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated January
27, 1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 7 to Burgio & Campofelice, Inc., a net increase in the
amount of $1,622.50, as more fully described in the above communication, for
additional work relating to new building, Old First Ward Community Center.
Funds for this contract are available in Bond Fund Account 200-402-024 -
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 23
Change in Contract Old First Ward Community Center Republic & Tennessee Streets
I herewith submit to Your Honorable Body the following change
in contract for the Electrical Reconstruction of Old First Ward Community
Center, CIR Electrical Const.
C-91610200:
1. Furnish and install one
30A/2P circuit, one (1) 50A/2p
circuit for kilns with associated
breakers and receptacles. ADD $1,926.00
Additional power was needed for ceramic kilns.
The foregoing change results in a net increase in the contract of One
Thousand Nine Hundred Twenty six and 00/100 Dollars ($1,926.00).
Summary Original Amount of Contract $87,900.00
Change Order No. 1 CCP 49 7-21-92 ADD 6,100.00
Change Order No. 2 CCP 26 11-10-92 ADD 943.00
Amount of this change (No. 3) ADD 1,926.00
Revised Amount of Contract $96,869.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable.
Funds for this work are in B/F 200-402-024 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated January
27, 1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 3 to CIR Electrical Construction, a net increase in
the amount of $1,926.00, as more fully described in the above communication,
for additional work relating to electrical reconstruction of Old First Ward
Community Center. Funds for this contract are available in Bond Fund Account
200-402-024 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 24
Change in Contract Old First Ward Community Center -Republic & Tennessee
Streets
I herewith submit to Your Honorable Body the following change
in contract for the Old First Ward Community Center, Joe Carino Plumbing & Htg
C-91610300:
1. Furnish and install ceramics sink
and all necessary plumbing. ADD $2,777.00
A ceramic sink was not included in the original contract documents.
The foregoing change results in a net increase in the contract of Two
Thousand Seven Hundred Seventy seven and 00/100 Dollars ($2,777.00)
Summary Original Amount of Contract $114,519.00
Change Order No. 1 CCP 61 9-1-92 ADD 520.00
Amount of this change (No.2) ADD 2,777.00
Revised Amount of Contract $117,816.00
This change could not be foreseen at the time contract was let.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
Funds for this work are in B/F 200-402-024 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated January
27, 1993, 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 Joe Carino Plumbing & Heating, a net increase in
the amount of $2,777.00, as more fully described in the above communication,
for additional work relating to Old First Ward Community Center. Funds for
this contract are available in Bond Fund Account 200-402-024 -Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 25
Reduction in Retention Old First Ward Community Centers Republic & Tennessee
Streets
Construction of the Old First Ward Community Center is 99% complete.
The General Contractor has only site work that cannot be completed until
spring. Therefore Burgio & Campofelice, Inc. C-91610400 is requesting that we
lower retention from 10% to 1%. This request is recommended by the Architects
office.
It is respectfully requested that Your Honorable Body authorize the
reduction in retention from 10% to 1% for the above contract.
Mr. Fahey moved:
That the communication from the Department of Public Works dated January
27, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
grant a request for a reduction in retention for Old First Ward Community
Center to Burgio & Campofelice, Inc., Contract #91610400 from 10% to 1%.
PASSED.
AYES- 13 NOES- 0.
No. 26
Music License 530 Rhode Island
Item # 75, C.C.P., 1/5/93
In response to the above, the attached letter was hand delivered
to Mr. Peter Goretti of the Essex Street Pub at 530 Rhode Island on January 4,
1993.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
2248 Main Street Requests Permission To Install Awning Within Right Of Way
Mr. Brett Watts, acting as agent for Bainbridge Construction,
located at 2248 Main Street, has requested permission to install an awning
which would encroach City right of way at said address.
The proposed awning would occupy both the Main Street and Florence Avenue
side of the property, measure four (4) feet, seven (7) inches in height and
project two (2) feet, two (2) inches from the building face into City right of
way.
The Department of Public Works has reviewed Mr. Watts' application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to Your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for installation of said
awning provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the Department of Public Works with a five
thousand dollar construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 28
Bids for Parks Concessions
Authorization of Your Honorable Body is hereby requested to draw
up specifications and to proceed with advertisements for bids for the following
parks concession locations:
1. The Foot of Ontario St.
2. South Park Golf Course
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
LaSalle Concession
The Parks Department let out a bid to run the concession stand
at LaSalle Park for the years 1992 and 1993.
Because of many problems with the building (fire, vandalism, etc.), Mr.
Nelson Sargent, the new concessionaire, could not open the building for
business until approximately July l, 1992. Consequently, he claims that he
lost one-half of the season. Mr. Sargent's total bid obligation to the City is
eight thousand eight hundred and eighty-eight dollars ($8,888.00). $2,222.00
was paid to the City on the awarding of the bid making a balance due or
$6,666.00.
Mr. Sargent would like to have the balance of his obligation forgiven for
the 1992 season.
However, since his contention is that he lost only one-half of the
season, I recommend that the City only forgive one-half of his total
obligation, $4,444.00 That would leave the balanced owed to the City $2,222.00.
Also for Your Honorable Body's information is the fact that a new
concession stand will be built by the City attached to the permanent structure
located in the center of the park. Bids will be taken shortly to demolish the
present concession structure and refurbish the area where we will demolish. A
letter will be sent to the present concessionaire stating that the building
will be demolished.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS, CORPORATION
COUNSEL AND THE CONCESSIONAIRE.
No. 30
Sound and Light - LaSalle Park Pavilion
Authorization of Your Honorable Body is hereby requested to draw
up specifications and to proceed with advertisements for bids for sound and
lighting systems for the LaSalle Park Pavilion 1993 season.
Mr. Fahey moved:
That the communication from the Department of Parks, dated January 20,
1993, be received and filed; and
That the Commissioner of Parks be, and he hereby is authorized to draw up
specifications to proceed with advertisements for bids for sound and lighting
systems for the LaSalle Park Pavilion 1993 season.
ADOPTED.
No. 31
Certificate of Appointment
Appointment effective January 25, 1993 in the Department of Parks,
Division of Parks, Paul Marranca, 20 Tacoma Ave., Buffalo 14216 to the position
of Park Utility Worker, Permanent, at the starting salary of $ 22,208.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 32
Request Formulation Of Plan To Combat Carjacking
Resolution # 207, C.C.P. December 22, 1992
A review of the course of action proposed by the Hudson County,
New Jersey, County Law Enforcement Services Review Board, with exception, are
currently in effect within the City of Buffalo and are periodically reinforced
as required. As a matter of safety, to both citizens and patrol officers,
Buffalo Police vehicle overhead lights are not used during patrol.
During the first eleven months of 1992, fifty-four car-related robberies
were reported in the City. A review of these police reports by the Buffalo
Police Robbery Section determined that thirty-one of the fifty-four incidents
reported could be considered actual car robberies. A copy of these car
robberies with gun statistics is attached.
In regards the formulation of a county wide car jacking plan, I can only
address what is done in the City of Buffalo; suburban Erie County police
agencies and the New York State Police approach to combatting this problem is
unknown.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 33
Fully Executed Addendum To The Combat
Grant Program Renewal Contract
# 47 C.C.P. 1/21/92
# 41 C.C.P. 2/4/92
# 111, 112 C.C.P. 2/18/92
Please be advised that a fully executed addendum between the City
of Buffalo and the Department of Criminal Justice Services has been added to
the COMBAT Grant Program Contract for the period April 1, 1992 through March
31, 1993. This addendum was necessary as some of the objectives changed within
the year due to program format.
A copy of this addendum is on file in the Department of Administration
and Finance (Budget), the Division of Audit and in the Division of
Administration and Communications (Buffalo Police Department).
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMMISSIONER OF POLICE.
FROM THE CORPORATION COUNSEL
No. 34
City of Buffalo v. Henry Wilson (175 Fox Street)
A lawsuit was instituted by the City of Buffalo on or about August
3, 1983, to recover the costs for an emergency demolition of a fire damaged
structure located at 175 Fox Street that occurred in or around 1981. After the
fire, a fire insurance proceeds check was issued in the amount of Six Thousand
Dollars ($6,000.00) and several parties made claim to those proceeds, namely,
National Fire Adjustment for approximately Six Hundred Dollars ($600.00);
Walter G. Goldstein, mortgagee, for approximately Two Thousand Two Hundred and
Fifty Dollars ($2,250.00); the owner's attorney for approximately Four Hundred
Dollars ($400.00); and the City of Buffalo for demolition costs incurred in the
amount of approximately Seven Thousand Dollars ($7,000.00). As a result, the
total amount claimed by all parties exceeds the amount of the fire insurance
proceeds.
The City of Buffalo has been offered Three Thousand Five Hundred Dollars
($3,500.00) in full settlement of this matter. This represents fifty per cent
(50%) of the demolition cost. In light of the costs of proving this case
through trial, and the limited assets of the owner, Henry Wilson, the
Corporation Counsel recommends that this offer be accepted and that this matter
be settled for the sum of Three Thousand Five Hundred Dollars ($3,500.00)
payable to the City of Buffalo.
Mr. Fahey moved:
That the communication from the Department of Law, dated January 21,
1993, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to accept
$3,500.00 (Three Thousand Five Hundred Dollars) in full settlement of the
demolition cost for 175 Fox Street in the lawsuit City of Buffalo v. Henry
Wilson.
PASSED.
AYES- 13 NOES- 0.
No. 35
Emergency Tree Work
Item No. 29 C.C.P., 1993)
Your Committee on Finance has inquired whether Common Council
approval is necessary for the emergency tree removal work ordered by the
Commissioner of Parks and described in the referenced communication. As a
general matter in an emergency, the Commissioner of Parks has the power to
engage contractors to do work occasioned by the emergency. The City would be
bound to pay for such work ordered in those circumstances. That the
Commissioner of Parks informed the Common Council of such work before payment
is a formality and courtesy, and not a condition of payment, nor would the
Common Council's approval be required to establish a binding obligation to the
vendor.
If, however, the Common Council were to decline to approve the work as
requested by the Commissioner, payment might be required to be made from the
Department of Law's judgement and claims account rather than from a customary
and proper account in the Department of Parks.
RECEIVED AND FILED.
No. 36
Extend Filing Deadline
Annual Disclosure Statement
Since the proposed amendments to the Code of Ethics are still
being considered, the Department of Law would not object to an extension of the
time to complete and file the disclosure statements. I should point out that
the proposed amendments as now drafted do not reduce the number of persons
required to make disclosure, rather the amendments keep some matters of
disclosure confidential for those who are otherwise required to disclose and
who are uncompensated. However, because, the proposals may change in ways which
affect who is required to file, an extension of time to file seems a practical
suggestion.
For your records, I've enclosed copies of the proposed amendments along
with my cover letter of January 7, 1993.
RECEIVED AND FILED.
No. 37
Create Police Assisted Community
Enhancement Program (PACE)
Item No. 158, C.C.P., 1/19/93
The Law Department has been requested to advise the Council on
what steps might be necessary to permit Family Court to sentence juvenile
offenders to community service.
Section 353.2 (f) of the Family Court Act provides that the Court may
order the Respondent to perform services for the public good as a condition of
probation or of conditional discharge. This section would seem to permit
participation in the kind of program described in your resolution, should the
Family Court Judges wish to use this option.
RECEIVED AND FILED.
No. 38
Kleinhans Music Hall Claim
Please be advised that I have thoroughly reviewed this matter
and believe that this claim approved by the Common Council is wholly without
merit and, without more, would constitute a gift of public funds violative of
the New York State Constitution and be ultra vires (in excess of your powers).
Consequently, I must refuse your request to initiate legal proceedings against
the Comptroller to compel payment of this claim.
Your prior resolution upon which this claim is purportedly based
conditioned payments upon the availability of funds. Thus, the burden was upon
the Council to make subsequent appropriations to satisfy this condition
precedent to a claim accruing. Your Honorable Body's grant-in-aid
appropriation for the budget year in question is a clear statement, as to the
"availability of funds" and thus limited the payment due and owing to Kleinhans
under the resolution in question.
I do not consider the reference to "between $200,000 and $250,000" in
such resolution as establishing an unequivocable and unconditional grant. Its
vagueness and ambiguity, lack of consideration and conditional nature, renders
it unenforceable as a contract or as a basis upon which a claim can be
recognized.
This matter is so clear-cut that I would consider any such litigation
against the Comptroller to be frivolous. I, therefore, cannot declare a
conflict and retain outside counsel for you.
I would be happy to appear before the full Council if you have any other
questions regarding this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Board of Education to File It's Budget
With the Mayor by April 1st
Item No. 71 CCP 1/19/93
In the above communication the Board of Education requests a charter
amendment allowing the Board until April l to submit its budget, rather than
February l as required by Charter Section 295.10.
New York State Education Law Section 2576 requires the itemized budget
estimate of the Board of Education to be filed "at such times and in such
manner as city departments or officers are required to submit estimates for
such departments or officers". In spite of this section it may be possible, by
local law, to designate a different date for submission of a budget estimate by
the Board of Education.
The Mayor must submit his budget to the Common Council by May first. The
executive after receiving budget estimates February first, must conduct
hearings and make revisions so that estimates of revenues and expenditures
balance. As you know, the Board of Education budget takes up a large
proportion of the City budget, and affects the monies available for other
purposes. If the Board of Education were allowed to submit its estimate on
April first, as requested, the time for holding hearings and making revisions
would be drastically reduced, and the ability of the Mayor to carry out his
budget powers would be curtailed. For this reason, such a charter change would
be subject to a mandatory referendum under Municipal Home Rule Law Section 23
(2) (f).
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Substitute Teachers' Handbook
Item No. 70, C.C.P., 1/19/93
This material, consisting of the substitute teachers' handbook
and copies of application and information forms, has been referred to the Law
Department. This department respectfully requests clarification of the reasons
for the referral.
We will be happy to respond to any specific legal concerns you may have.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
State Prison Work-Release Facility Proposal
Former Mohawk Manor
Item No. 2, C.C.P., 1/19/93
The above referenced item, a letter from the Mayor advising Your
Honorable Body of opposition to the conversion of the former Mohawk Manor into
a work-release facility for state prisoners, has been referred to this
department for an opinion. This department respectfully requests clarification
as to the question you wish us to address.
RECEIVED AND FILED.
No. 42
D. Buccieri - Oppose Community Residence for People with
Developmental Disabilities at 156 Nicholson Ave.
Item No. 92, C.C.P., 1/19/93
This item consists of a petition opposing a community residence
for people with developmental disabilities at 156 Nicholson Avenue. No reason
for the opposition is stated.
The procedure for site selection for residences of this type is found in
Mental Hygiene Law Section 41.34, known as the Padavan Act. Under this law,
the chief executive officer may approve the site, suggest alternative sites, or
object to the site on the grounds that such a concentration of similar
community residence facilities exists in the area that the nature and character
of the area would be substantially altered if the site were approved.
In this case alternative sites have been suggested. If the sponsoring
agency does not find these alternatives satisfactory, the agency will so notify
the City and the City will have an additional 15 days to suggest yet another
site or sites.
In the event no agreement can be reached, either the sponsoring agency or
the municipality may request an immediate hearing before the Commissioner to
resolve the matter.
If you have any specific questions about this procedure, the Law
Department will be happy to respond.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 43
Wellington Pub - Use 1541 Hertel Rest. Addition
Item No. 90, C.C.P. 1/19/93
The Department of Community Development supports the proposed
expansion of use on 1541 Hertel Avenue. I understand that there will be
adequate parking provided by the applicant on his property and arrangements
have been made for additional parking in the immediate vicinity.
RECEIVED AND FILED.
No. 44
Report or Bids - Air Monitoring Services,
Asbestos Abatement 1168-1170 Broadway
As authorized by Your Honorable Body per Item # 64 or CCP May
14, 1991, the Department or Community Development requested and received the
following informal bids for required asbestos air monitoring services at
1168-1170 Broadway, which were opened on Monday, January 25, 1993:
1) TES Environmental Corporation
1080 University Avenue
Rochester, New York $ 208 per day
2) Chopra-Lee, Inc.
1741 Baseline Road
Grand Island, New York $ 229 per day
3) ECCO, Inc.
Suite 515 - Brisbane Building
Buffalo, New York $1,540 per day
4) Edward O. Watts, P.E, P.C.
1331 North Forest Road
Williamsville, New York Non-Responsive
1168-1170 Broadway was formerly owned by the Polish Singing Circle.
Building was acquired in the spring or 1992 for renovation and future
occupation by the Neighborhood Information Center, Inc., (NIC). Asbestos
abatement bids were previously approved by Your Honorable Body as per Item # 46
or CCP November 10, 1992. Funds for the asbestos air monitoring services are
available in Bond Fund #200-717-068.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner or Community Development to award an asbestos air monitoring
services contract to TES Environmental at a daily rate or $208 per day, maximum
or twenty (20) days or not to exceed amount or $4,160 in accordance with their
low bid or January 25, 1993.
Mr. Fahey moved:
That the communication from the Department of Community Development dated
January 28, 1993, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to award a contract for asbestos air monitoring services at
1168-1170 Broadway to TES Environmental Corporation, 1080 University Avenue,
Rochester, New York, the lowest responsible bidder in the amount of $208.00 per
day, maximum of 20 days or not to exceed $4,160.00, with said cost to be
charged against Bond Fund Account 200-717-068.
PASSED.
AYES- 13 NOES- 0.
No. 45
New Buffalo Industrial Park
Portion of Parcel # 3 - Approval
of Amended LDA Paul A. Dedrick
and Eden Scott
The City of Buffalo Urban Renewal Agency duly designated Paul
A. Dedrick and Eden Scott, and/or joint venture, partnership, corporation or
other legal entity to be formed as the qualified and eligible Redeveloper for
the subject parcel.
The Agency has also determined that the proposed Amended Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Amended Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of land to the Redeveloper, which the
Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 46
Oak Street Redevelopment Project NYR-197 - Disposition Parcel 4B- N/W/C E.
North and Ellicott Streets Approval of Amended LDA Frank Ciminelli and Dr.
Edward H. Simmons
On March 5, 1991 CCP # 159, Your Honorable Body approved a Land
Disposition Agreement between the Buffalo Urban Renewal Agency and Frank
Ciminelli and Dr. Edward Simmons and/or other legal entity to be formed.
Please be advised that the Redeveloper purposes to Amend the subject LDA
by changing the date of conveyance and extending the time necessary for the
redevelopment and construction of the project. In addition, reducing the size
of the Medical/Professional Office Building from five (5) stories, 69,000
square feet, to two (2) stories plus basement. The first two levels of the
structure will contain 31,250 square feet of space (15,625 square feet per
floor).
Attached for your information is the Amended Land Disposition Agreement.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated January 28, 1993, be received and filed; and
That the Amended Land Disposition Agreement, as contained in the
above-referenced communication, be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 47
Request Authorization to Apply
for H.U.D. Special Purpose Grant
Pediatric Intensive Care Unit at Children's Hospital
Public Law 102-389, the Appropriations Act for 1993, directs the
U.S. Department of Housing and Urban Development to provide funds for 214
Special Purpose Grants. H.U.D. has notified the City that the Appropriations
Act for 1993 designated $2,000,000 for the renovation of the Pediatric
Intensive Care Unit at Children's Hospital. In order to receive the funds, the
City, in conjunction with Children's Hospital, must submit the necessary
application materials to H.U.D. by February 16, 1993.
We request that your Honorable Body authorize the Mayor to submit the
required Special Purpose Grant application to the U.S. Department of Housing
and Urban Development, to enter into and execute project agreements for
financial assistance, and to execute whatever other documents or take measures
which are necessary to effectuate such financial assistance.
We request your immediate action on this item given the application
deadline.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 48
Certificate of Appointment
Appointment effective January 14, 1993 in the Department of Street
Sanitation, Roger Schwarzott, 85 Tamarack Street, Buffalo, New York 14220, to
the position of Equipment Operator, Permanent, at the starting salary of $
$22,208.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 49
Certificate of Appointment
Appointment effective January 25, 1993 in the Department of Street
Sanitation, William Vivian, 147 Whitfield Avenue, Buffalo, NY 14220, to the
position of Dog Control Officer, Provisional, at the starting salary of $
22,815.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 50
Authorization to Submit Application
U.S. Department of Housing and Urban Development Emergency Shelter Grant
Program - 1993
It is time to submit the annual request for Emergency Shelter
Grant (ESG) funds to the U.S. Department of Housing and Urban Development.
Each year, the City of Buffalo is granted funds by formula allocation, however,
a formal application must be submitted for review and approval by HUD.
The Mayor, as the Chief Elected Local Official, must sign our funding
request and local legislative authorization to formally apply for available
program funds must be in place prior to submission of the application.
The City of Buffalo 1993 Emergency Shelter Grant Allocation is $259,000
and 1993 funding will be administered by the Buffalo Urban Renewal Agency.
Requests for proposals were mailed to more than eighty (80) providers of
shelter and services for the homeless. Proposals will be reviewed for
completeness and compliance with federal regulations.
To date, for the first seven rounds of the program (1986 -1992), funding
totaling $1,835,000 has been provided to local service providers as described
on the attached summary.
I am available at 851-4913 should any further information be required.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization dated January 26, 1993 be received and filed, and
That the Mayor be and he hereby is authorized to formally apply for U.S.
Housing and Urban Development Emergency Shelter Grant Funds for 1993 and to
execute any necessary documents in conjunction with this program.
PASSED.
AYES- 13 NOES- 0.
No. 51
Report of Emergency Demolition of 817 Perry Street
Due to the very serious and hazardous condition of the fire-damaged
building located at 817 Perry 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
January 11, 1993 and the bid offers are listed below:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
817 Perry Street Cedar Wrecking & Salvage
Tyrone Trammell and $5,700.00
Steve Bartee Integrated Waste Special Services
817 Perry Street $4,590.00
Buffalo, New York Lebis Contracting
$4,150.00
Maplewood Construction
$3,666.00
Pilot Construction
$5,649.00
This contract will be awarded to the lowest responsible bidder Maplewood
Construction.
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 of the City of Buffalo.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 14, 1993, 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 $3,666.00, relating to 817 Perry 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. 52
Inspections of All Public Schools
Item No. 126, C.C.P., Nov. 10, 1992
With reference to the above subject, please be advised the Department
of Inspections and Community Revitalization, Division of Housing and Property
Inspections has no authority to enter Public Schools for the purpose of
inspections.
We trust this will satisfy your inquiry.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 53
Certificate of Appointment
Appointment effective January 25, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Gina Doyle, 73 Kenefick Ave.,
Buffalo 14220, to the position of Counselor III, Permanent, at the starting
salary of $ 22,072.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE ZONING BOARD OF APPEALS
No. 54
530 Rhode Island M. Rolfe Protest/Music/Dancing Licenses
Item No. 75 C.C.P. 1/5/93
Please be advised that the zoning Board of Appeals at its meeting
of 1/13/93 denied the petition of Dorothy Goretti to convert and use premises
530 Rhode Island for live music and dancing.
RECEIVED AND FILED.
No. 55
Ordinance Amendment Regular Ordinance Amendment
Sect. 511-12 Permanent uses.
Item No. C.C.P. 1/19/93
Without taking a position on the advisability of the amendment,
this office would recommend at a minimum re-defining such a use and re-locating
it in another section of the ordinance as a permitted use.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
Zoning Text Amendment Regular Ordinance Amendment
Sect. 511-122
Item No. 146 C.C.P. 1/19/93
If the intent of this amendment is to allow an aggrieved party
additional time to file an appeal with the ZBA against a permit already issued,
please be advised that the three day provision is established in Sect. 511-117
(A) of the ordinance. An appropriate measure would be to alter the three (3)
day provisions in both sections rather than eliminate Sect. 511-22.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 57
Contributions To Elected Officials
Reference is made to your request concerning the propriety of
cash and in-kind contributions to City of Buffalo and Board of Education
officials.
We note that the City of Buffalo Board of Ethics has no jurisdiction over
the Board of Education which has its own Code of Ethics. We also note that our
own Code (#12-11) quite specifically prohibits the solicitation of or receipt
by city officers or employees of gifts or financial benefits under
circumstances described therein. It is, of course, our function to handle
complaints charging violation of that section.
It is also noted that the Code requires that all candidates for elective
city office, as well as political committees created to aid and/or take part in
such elections, shall file campaign financial statements with the Board of
Ethics. No such candidate or committee, to our knowledge, has ever filed such
a statement with the Board. However, the Council might find it useful to review
election filings made with the Board of Elections or with the Board of Ethics
should such filings be made. We would be happy to review any specific
questions which such a review might raise.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 58
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state, beginning 11:00 A.M. January 28, 1993,
and ending 3:00 P.M. February 1, 1993.
RECEIVED AND FILED.
No. 59
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.
Public Works - Division of Engineering
RECEIVED AND FILED.
No. 60
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Division of Buildings - Dennis J. Gesel
Department of Human Resources - Donna M. Gerst
RECEIVED AND FILED.
No. 61
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
1180 Hertel Ave. Aljoe, Inc Alfred J. Green
RECEIVED AND FILED.
No. 62
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- Jerrell G. Moss, Karen E. Giancarlo, Richard Rott
Street Sanitation- Gerald T. Gill, William Vivian
RECEIVED AND FILED.
No. 63
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
Emergency Medical Services Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 64
Notices of Appointments
I transmit herewith communications received by me, reporting the
appointments made in the various departments at the minimum, flat or hourly
rate.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective January 19, 1993 in the Department of Public
Works, Division of Buildings, Mark E. Meyers, 1299 Seneca Street Buffalo 14210,
to the Position of Sr. 1st Class Stationary Engineer, Temporary at the Starting
Salary of $ 7.05.
Appointment Effective 1-27-93 in the Department of Public Works, Division of
Engineering, George Evans, 23 Arbour Lane, Buffalo 14220, to the Position of
Marine Oiler, Seasonal at the Starting Salary of $ 16.29.
Appointment Effective 1-27-93 in the Department of Public Works, Division of
Engineering, to the Position of Asst. Marine Engineer, Seasonal at the Starting
Salary of $ 17.46 hour.
John Harter, 79 Heussy, Buffalo 14220
Joseph Kalinowski, 18 Hillary, Buffalo 14210
Appointment effective 1-27-93 in the Department of Public Works, Division of
Engineering, William Robinson, 22 Chesterfield Dr., Cheektowaga, NY 14215, to
the Position of Marine Engineer, Seasonal, at the Starting Salary of $18.86
hour.
Appointment effective 1-27-93 in the Department of Public Works, Division of
Engineering, Michael Farrel, 255 Independence Rd., Orchard Park, NY 14127, to
the Position of Master of Fireboat, Seasonal, at the Starting Salary of $19.78
hour.
Appointment effective January 25, 1993 in the Department of Public Works,
Division of Water, Philip James Mazzone, Jr. 254 Schiller Street, Buffalo, New
York 14206 to the Position of Caulker, Permanent, at the Starting Salary of
$20,928.
FROM THE DEPARTMENT OF PARKS
Appointment effective 1/19/93 in the Department of Parks, Division
of Parks, Jack Stewart, 88 Hayden St., Buffalo 14210 to the Position of Laborer
II, Permanent at the Starting Salary of $9.02 hr.
FROM THE DEPARTMENT OF POLICE
Appointment effective 1-18-93 in the Department of Police Robert
Collier, 505 Lamarck Dr., Cheektowaga, NY 14225 to the Position of Police
Lieutenant, Permanent, at the Starting Salary of $ 40,019.
Appointment effective 1-18-93 in the Department of Police Harold McLellan, 43
Park Ave., Tonawanda, NY 14150 to the Position of Police Lieutenant, Permanent
Contingent, at the Starting Salary of $ 40,019.
FROM THE DEPARTMENT OF FIRE
Appointment effective 1/20/93 in the Department of Fire, Richard
G. Furman, 130 Koehler Street, Tonawanda, NY 14150 to the position of Fire
Alarm Dispatcher, Permanent at the starting salary of $40,291.
Appointment effective 1-20-93 in the Department of Fire Richard A. Campanile,
3920 N. Freeman Road, Orchard Park, NY 14127, to the position of Asst. Fire
Alarm Dispatcher, Contingent Permanent, at the starting salary of $37,033.
Appointment effective 1-20-93 in the Department of Fire William A. Smith, Jr.,
87 O'Connor Street, Buffalo, NY 14220 to the Position of Asst. Fire Alarm
Dispatcher, Permanent at the Starting Salary of $ 37,033.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment effective January 25, 1993 in the Department of Street
Sanitation, To the Position of Laborer II, Seasonal at the Starting Salary of $
6.65 per hour.
Aaron Bell, 55 Purdy Street, Buffalo, NY 14208
Robert T. Black, 93 O'Connell Ave., Buffalo, NY 14204
Brian Carrig, 53 Oakhurst, Buffalo, NY 14220
Charles T. Cirringione, 62 Alden Ave., Buffalo, NY 14216
Thomas Huthmacher, 88 Kentucky St., Buffalo, NY 14204
Larry Klemp, 71 Red Jacket Pkwy., Buffalo, NY 14220
Mark McGill, 39 Littlefield Ave., Buffalo, NY 14211
Hubert W. O'Connor, 1553 Hertel Ave., Buffalo, NY 14216
Wilson B. Vasquez, 101 Lakeview, Buffalo, NY 14201
Gregory R. Wagner, 47 Van Rensselaer , Bflo., NY 14210
Larry L. Walker, 2477 Bailey Ave., Buffalo, NY 14215
Appointment effective January 14, 1993 in the Department of Street Sanitation,
Mark D. Hill, 931 Prospect Avenue Buffalo, New York 14213, To the Position of
Equipment Operator, Permanent, at the Starting Salary of $20,912.
FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective February 1, 1993 in the Department of Administration
& Finance, Division of Parking Enforcement, Tina M. Schultz, 209 Cumberland,
Buffalo, NY 14220 To the Position of Clerk, Seasonal, at the Starting Salary of
$ 5.00 hour.
Appointment effective February 1, 1993 in the Department of Administration &
Finance, Division of Parking Enforcement, James H. Priebe, Jr., 319 Lincoln
Parkway, Buffalo, NY 14216, to the Position of Laborer I, Seasonal, at the
Starting Salary of $5.98 hour.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective January 19,1993 in the Department of Human
Resources, Division of Youth to the Position of Attendant, Temporary, at the
Starting Salary of $4.25 hr.
Kellie C. Barrett, 626 E. Amherst, 14215
William Biscotto, 868 West Ave., 14213
Dorothy C. Williams, 42 Wakefield Ave., 14214
Judith Bryson Harper, 437 Wohler, 14208
James L. LaBruna, 104 Elk, Buffalo 14210
Daniel F.C. Lotito, 394 Amherst St., 14207
Melissa Robertson, 41 Goulding Ave., 14208
Mary Wilbon, 61 Gail Ave., 14215
Brian A. Croom, 10 Seventh St., Apt 719, 14202
Appointment effective January 20, 1993 in the Department of Human Resources,
Division of Youth to the Position of Attendant, Temporary, at the Starting
Salary of $ 4.25 hour.
Frankie L. Armstead, 149 Butler, Buffalo 14208
Shannon L. Banks, 103 Harrison, Buffalo 14210
Appointment effective January 22, 1993 in the Department of Human Resources,
Division of Youth, Rose Vick, 27 Durham Ct., Buffalo, NY 14204 to the position
of Youth Worker, Temporary, at the Starting Salary of $ 4.25 hour.
Appointment effective January 25, 1993 in the Department of Human Resources,
Division of Youth, to the Position of Youth Worker, Temporary, at the Starting
Salary of $ 4.25 hour.
Kenneth Stroud, 139 Arden Ave., Buffalo, NY 14215
Russell Bell, 91 Dodge St., Buffalo, NY 14209
Appointment effective January 19, 1993 in the Department of Human Resources,
Division of Youth, Maurice E. Clemons, 150 Niagara St. Apt. 201, 14201, to the
Position of Lifeguard, Temporary, at the Starting Salary of $5.00 hour.
Appointment Effective January 19, 1993 in the Department of Human Resources,
Division of Youth, Jennifer Platt, 1836 Kenmore Ave., Buffalo, NY 14216 to the
position of Community Aide, Temporary, at the starting salary of $ 5.25 hour.
Appointment effective January 19, 1993 in the Department of Human Resources,
Division of Youth, James F. Ralston, 216 Ross Ave., Buffalo, 14207 to the
position of Community Field Worker, Temporary at the starting salary of $6.30
hour.
Appointment effective January 14, 1993 in the Department of Human Resources,
Division of Substance Abuse Services, Charlene E. Scherer, 44 Kimberly Ave.,
Buffalo 14220, to the Position of Account Clerk-Typist, Provisional at the
starting salary of $19,346.
Appointment effective January 26, 1993 in the Department of Human Resources,
Division of Substance Abuse Services, Sylvia G. Whittaker, 315 Davidson Ave.,
Buffalo 14215 to the Position of Case Manager, Permanent, at the starting
salary of $ 20,745.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 65
ALLENTOWN VILLAGE SOCIETY
Food Concession Application Process
I am submitting this letter and the two enclosures to clarify
our food concessionaire application process for the Allentown Art Festival
pursuant to the recent Council resolution. As a general proposition, the
preference of the Allentown Village Society would be to have no concessions at
all at the Allentown Art Festival. But being realists, we recognize that the
public needs to be served with a reasonable variety of good quality food and
beverages during the Festival, and we know that the revenue derived from our
concessions is essential to the economic viability of our event. We also know
that we need to rely upon professional concessionaires and experienced
not-for-profit concessionaires as the foundation of the concessions component
of the Festival.
With that foundation in place, however, there is room for including
additional not-for-profit organizations based within our event area as food
concessionaires. Last year, the Allentown Association, Troop 1 Post, Trinity
Day Care Center and Theodore Roosevelt inaugural Site Foundation participated
and, we understand, did well financially. They will all receive applications
for this year's Festival and, assuming their applications are as they were last
year, I am confident they will all be selected to participate in 1993. The
application process is also open to any other event area not-for-profit
organization wishing to apply. Those new applicants will be judged by the same
criteria as all others, but those meeting the criteria and needing additional
information and guidance will have the opportunity to receive it during the 25
day period referred to in the enclosed letter. I envision this to include the
training session proposed by Allison Kimberly during our meetings. The AVS will
participate in that training process if Ms. Kimberly is still willing to
provide a leadership role.
When we have all of the applications and have gone through the foregoing
process, we will make our final selections based upon the criteria indicated in
the enclosures and will act in good faith to expand the number of event area
not-for-profit organizations participating. We do not have a list of Allentown
area not-for-profit organizations, and we do not know how many there are. 1
have asked Council Member PerIa's office if they can provide us with a list. I
invite every Council member to do the same. 1 will personally see to it that
all of those Allentown area not-for-profit organizations we are informed of in
a timely manner receive the enclosed letter and then a concessionaire's
application if one is requested.
What the foregoing envisions is participation in the main event area,
i.e. Delaware Avenue from North Street to Tupper Street, Allen Street from
Franklin Street to Elmwood Avenue, Franklin Street from Allen Street to
Virginia Street and Virginia Street from Franklin Street to Delaware Avenue.
That brings me to the special Church of the Ascension situation, which now
seems also to include Westminster Church.
These two churches are located within the activity free "buffer zone"
surrounding the main event area. They have been offered the opportunity to
participate as concessionaires in the main event area, but have declined that,
expressing instead a desire to remain on their own property and do some sort of
fund raising activity out of doors there. None of the other three "buffer
zone" churches has expressed a similar desire, so I will address Ascension and
Westminster only.
Should the Council decide to permit these two churches to conduct a
defined fund raising event out of doors on their own property during the
Allentown Art Festival hours in the previously activity free buffer zone, the
AVS will work with them if that proposed event can be done consistently with
the interests of the Allentown Art Festival. Neither church has said what it
is it wants to do. Consequently, I can only address this unique situation in
general terms.
The AVS is not concerned with what goes on inside the church buildings
any more than we are concerned with what goes on inside any business
establishment in our event area. Nor are we concerned with the operation of
the Westminster Church parking lot for parking during the Festival by the
church's youth group. Our concern is directed to out of doors fund raising
activities by these churches during the Allentown Art Festival.
There are some activities the AVS would not approve of such as a
satellite art or craft show as proposed by Ascension in 1992, carnival rides,
raucous or disruptive performances, rent outs of church properties to a
collection of concessionaires or rummage sales out of doors in the buffer zone
during the Festival. On the other hand, there is probably a range of fund
raising activities we could support.
We believe the churches interested should define their own proposal. The
only specifics mentioned during our meetings has been an idea for "luncheon
theater" or dining to the music of the "Silver Band". I am not familiar with
the "Silver Band", but I assume their music ranges toward concert pieces rather
than rock n' roll. I personally believe something along those lines could fit
in very well.
Whatever the churches might propose, we hope the Council will require
insurance naming the City of Buffalo and the Allentown Village Society, Inc. as
additional insureds, and I wonder if New York State will require them to file
their own application for an emergency medical services plan. City police,
fire and trash removal services may also be a consideration. We are also very
concerned about the potential that this proposed buffer zone activity has for
attracting clusters of other activity, e.g. Mr. Softee trucks, souvenir
peddlers, street performers, etc. The AVS will need the cooperation of the
police department and the Department of Inspections and Licenses during the
Festival hours to control this. The AVS has experience in these areas and will
work with the churches to help them to the extent we can. The AVS asks that
these churches for whom special arrangements are being requested submit to the
joint committee and the AVS written proposals for what each would like to do by
March l, 1993. We will then have until April 10th when Festival plans will be
finalized to work to make their participation a reality.
From the point of view of the Allentown Village Society, the happening of
the 1993 Allentown Art Festival is anything but a certainty. We would like to
conclude this process that has been ongoing for several months now so that we
can make the 1993 Festival a reality.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 66
AMHERST TOWN BOARD
Petition County To Release Drug Abuse Funds
Attached is a resolution adopted by the Amherst Town Board asking
the County executive to sign the contract and release the State Funds for the
Community Prevention Network of Western New York.
REFERRED TO THE COMMITTEE ON FINANCE.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 67
GREENBRIDGE DEVELOPMENT CO.
Filing of Rezoning With County Clerk
On November 24, 1992, the Buffalo Common Council unanimously approved
the rezoning of the land denominated the Ellicott Mall, with tax billing
address of 169-281 Eagle Street.
On January 21, 1993, I filed a copy of the Common Council's resolution,
certified by the City Clerk with the Erie County Clerk, as required by the
terms of the said rezoning resolution. Enclosed herewith for filing with the
City Clerk is a certified copy of the filing with the Erie County Clerk.
Thank you for your attention and courtesies herein.
RECEIVED AND FILED.
No. 68
KENSINGTON-BAILEY BLOCK CLUB COUNCIL
Oppose Restaurant Dancing License
2987 Bailey Avenue
As you know the KENSINGTON-BAILEY BLOCK CLUB COUNCIL is an organization
of 20 block clubs established in 1981 to maintain and enhance the quality of
life in northeast Buffalo by providing education and information to block
clubs, by advocating on their behalf, by providing a forum to discuss shared
problems, and by promoting a sense of community.
We have received your letter of January 21st requesting the Block Club
Council's view on the restaurant dancing license application of Essie Sales
(d.b.a. Club Kilimanjaro at 2987 Bailey). After months of examination and
meeting with Ms. Scales, on August 26th, 1992 the Block Club Council voted to
go on record against granting the license.
At the request of Councilmember Amos, last night the Block Club Council
voted to reexamine the situation at Club Kilimanjaro and forward a letter to
the Legislation Committee following our meeting of February 24th.
Councilmember Amos has agreed to ask that the application be tabled until that
time.
Thanking you for the Legislation Committee's efforts to seek community
input.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 69
NYS DEPARTMENT OF HEALTH
Environmental Hazard at Cargill
A Copy of one above resolution was sent to my office requesting
that the New York State Health Department investigate the recent flour
emissions from Cargill Corporation. Please be advised that the Health
Department has no regulations regarding such emissions. Air emissions are
regulated by the New York State Department of Environmental Conservation (DEC)
Division of Air Resources, at 851-7130.
If you have any questions, please call me at 847-4502.
RECEIVED AND FILED.
No. 70
NEW YORK POWER AUTHORITY
Resolution to Oppose New York Power Authority's
Power Rate Increase.
We respectfully request that the council consider amending the
proposed resolution specifically for the purpose of addressing inaccuracies and
misstatements contained in the document. In particular:
1. The Power Authority is not "ignoring promises it made over thirty
years ago." The Niagara Redevelopment Act required the Power Authority to
"restore low power costs" to the industries receiving replacement power. We
have done that and will continue to fulfill that obligation by providing the
industries with the lowest cost industrial power available anywhere in the
country.
Both Federal and State courts have ruled that we are not obligate to sell
the power "at cost" but to "restore low power costs."
2. The Power Authority is a non-profit, public benefit corporation
Virtually all of our $1.6 billion reserve is held as a requirement by several
federal and state agencies. Specifically, this reserve holds funds required
for bond reserves, capital projects, nuclear decommissioning and nuclear fuel
storage. Our actual operating reserve is $39 million, which is considerably
less than one month' operating budget.
3. The Power Authority is "regulated" by its board of trustee whose
members are selected in the same manner as members of the Public Service
Commission. This statutorily mandated board I nominated by the Governor and
confirmed by the New York State Senate. Additionally, the Power Authority is
obligated to operate under the parameters of the Power Authority Act.
4. The suggestion that this issue be remanded to the State Legislature
for resolution or that the Power Authority be place under the Public Service
Commission for rate-making purposes may have devastating results for western
New York. The Public Service law and the policy of the Public Service
Commission require utilities to charge customers in the same class the same
rate no matter where they are located in the utility franchise territory If
this rate averaging policy were applied to the Power Authority a statewide
utility, western new York industries would loose their: extraordinarily low
rates while downstate industrial customer would benefit from significantly
lower rates.
5. Chairman Flynn and the trustees, particularly Rolland Kidder of
Jamestown, have been most sensitive to western New York's needs In 1986 and
'87, they led the fight to retain low cost hydropower in this region working
hand in hand with many of the same customer involved in the current
controversy. This was despite tremendous pressure from downstate interests.
Under Chairman Flynn's leadership, a $5-million economic development loan
fund was established to create jobs in western New York. Additionally, some
42,000 jobs in the area are protected under Chairman Flynn's Power for Jobs
Program. The program trades allocations of low-cost power for solid job
commitments.
6. The Council's interest in and concern over this issue is well-founded.
However, it would be in the best interest of the community to urge a locally
negotiated settlement of the dispute.
We are willing to meet with you at any time to discuss this further.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 71
TCI OF NEW YORK, INC.
Realignment of Channels
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the City of Buffalo as well as to each individual
Councilmember. Effective in March of 1993, TCI of New York will reconfigure
Basic and Expanded Basic Service levels in order to offer a low-cost package of
broadcast television networks to City residents.
All subscribers will be informed thirty (30) days prior to the
reconfiguration date.
As always, if you have any questions or would like further information,
please do not hesitate to contact me at (716) 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 72
Salary Ordinance Amendment/Engineering
(Item # 162 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 73
Salary Ordinance Amendment
40 - Department of Public Works
40 - 2 Division of Buildings
(Item No. 163, C.C.P., Jan. 19, 1992)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Salary Ordinance Amendment as contained in Item No. 163, C.C.P.,
January 19, 1993 be and the same hereby is approved.
PASSED.
AYES- ARTHUR, BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS- 9.
NOES- AMOS, BELL, PERLA, ZUCHLEWSKI- 4.
No. 74
Appointment
Mayor's Office/Telephone Operator
That Communication No 6 CCP Jan 19, 1993 be received and filed
and the Permanent appointment of Gretchen M. Hurst stated above at the
Intermediate salary $20,986.00 effective on Jan 5, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 75
Appointment
Public Works/Senior Clerk
That Communication No 49 CCP Jan 19, 1993 be received and filed
and the Temporary appointment of Marilyn Cumming stated above at the
Intermediate salary $20,742.00 effective on Jan 11, 1993 is hereby approved.
PASSED.
AYES- 0 13 NOES- 0.
No. 76
Notices of Appointments (C.Clerk)
(Item # 79 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 77
RFP Manpower Utilization/Fire Department
(Item # 33 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 78
Increase Medicaid Reimbursement Rate
For Ambulance Service
(Item No. 109, C.C.P., Dec. 22, 1992)
That the above item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Collins now moved to receive and file the above item. ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY, LOTEMPIO- 2.
No. 79
Transfer of Funds
General Services
(Item No. 139, C.C.P., Jan. 19, 1993)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $1,667 be and the same is hereby
transferred from the Appropriation Allotments - Division of Purchase and said
sum is hereby reappropriated as set forth in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 80
Transfer of Funds
Division of Buildings $21.850
(Item No. 141, C.C.P., Jan. 19, 1993)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $21,850 be and the same is hereby
transferred from the Capital Projects Fund - Budget and Management - Planning
for Capital Projects account and said sum is hereby reappropriated as set forth
in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 81
Transfer of Funds
Division of Buildings $96.000
(Item No. 142, C.C.P., Jan. 19, 1993)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $96,000 be and the same is hereby
transferred from the Capital Projects Fund - Budget and Management - Planning
for Capital Projects Fund Division of Development - Squaw Island Remediation
Project account and said sums are hereby reappropriated as set forth in the
above item.
PASSED.
AYES- 13 NOES- 0.
No. 82
Permission to Enter into Agreement
Leroy Avenue Bridge
(Item No. 41, C.C.P., Jan. 19, 1993)
That the Commissioner of Public Works be, and he hereby is authorized
to enter into an agreement with the New York State Department of Transportation
to replace the Leroy Avenue Bridge over Conrail. The cost to the City of
Buffalo will be $335,700 and funds for the City's share will be available when
bonds are sold.
PASSED.
AYES- 13 NOES- 0.
No. 83
Status Report/Tifft Bridge (PW)
(Item # 45 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
Grant Tax Exempt Status 1235 Hertel
(Item # 128 CCP Oct 13, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
Tax Exemption 1235 Hertel (Assmt)
(Item # 14 CCP Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Tax Exemption 1235 Hertel (CC)
(Item # 41 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Tax Status/1235 Hertel (CC)
(Item # 54 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 88
L. Hood/Waive Parking Restrictions For NFTA Employee's
(Item # 71 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 89
Waive Parking Restrictions NFTA Employees (A&F)
(Item # 42 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Waive Parking Restriction NFTA Employees (PW)
(Item # 41 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Extend Healthy Care Benefits For Fireboat Personnel
(Item # 40 CCP Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Extend Health Care Benefits/Cotter Crew (CC)
(Item # 53 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Delay Health Care T.F. Formation (Compt)
(Item # 24 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Plumbing Contractors Opposition To Fee Increases
(Item # 84 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Opposition To Fee Increases (A&F)
(Item # 54 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
NIMO/Hazardous Storage Facility Report
(Item # 74 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
NIMO/Hazardous Storage Facility Report
(Item # 10 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Report Of Audit/COBRA (Campt)
(Item # 26 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Reply To Audit/COBRA (A&F)
(Item # 55 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Reply To Audit/COBRA (CC)
(Item # 54 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Combined Financial Statements Ending 6/30 (Compt)
(Item # 22 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 102
Wellington Pub, Petition to use
1541 Hertel Avenue for a Sit-in Restaurant
(Item No. 90, C.C.P., Jan. 19, 1993)
That after a public hearing before the Committee on Legislation
on January 26, 1993, the petition of Wellington Pub, for permission to erect an
addition to an existing sit-in restaurant at 1541 Hertel Avenue be and hereby
is approved, on the condition that four additional off-street parking spaces be
provided.
PASSED.
AYES- 13 NOES- 0.
No. 103
Zoning Correction 104 Lewis R-3 to R-5
(Item # 146 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Zoning Correction 104 Lewis (CC)
(Item # 55 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
M. Rolfe Protest Music/Dance License 530 Rhode Island (CC)
(Item # 56 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
M. Rolfe Oppose Music/Dancing License 530 Rhode Island
(Item # 75 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Half-Way House/17 Highgate
(Item # 213 CCP Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Half-Way House/17 Highgate (CC)
(Item # 41 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Episcopal Diocese/Half-Way House 17 Highgate
(Item # 69 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Oppose NYS Prison Facility Proposal/Mohawk Manor (Mayor)
(Item # 2 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Oppose Community Residence/156 Nicholson
(Item # 92 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Ordinance Amendment/Chapter 479 Meter Parking (30 Min.)
(Item # 166 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Fines/Chapter 216 (Sts)
(Item # 45 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Ordinance On Junkyards (EMC)
(Item # 12 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Enforcement Of Noise Ordinance
(Item # 121 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Review Of Downtown Zoning Regulations (CPBD)
(Item # 7 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Drug Trafficking (HR)
(Item # 68 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Environmental Hazardous At Cargill (EMC)
(Item # 13 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Funding Hazardous Site Cleanups (Mayor)
(Item # 3 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Funding Hazardous Site Cleanups (A&F)
(Item # 67 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
City Property Hazardous Evaluation Program (CD)
(Item # 60 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Tire Transport & Disposal Guidelines (Fire)
(Item # 34 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Tire Transport & Disposal Guidelines (CC)
(Item # 42 C.C.P. Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Tire Transport & Disposal Guidelines (Pol)
(Item # 50 C.C.P. Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Increase Access to City Honors
(Item No. 152, C.C.P., Jan. 19, 1993)
That this Common Council request that the Buffalo Board of Education
defer any decision on implementing any changes in the grade levels and
structure of City Honors School until there is a complete and thorough
discussion of all the possible ramifications involving parents, teachers,
students and administrators.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 126
PTSCO/Increase Access To City Honors
(Item # 86 C.C.P. Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 127
Task Force Medical Waste Disposal Options Report
(Item # 64 C.C.P. Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
FBI/Advice On Illegal Hazardous Waste Dumping
(Item # 88 C.C.P. Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
US Attorney/Carjacking
(Item # 89 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Recycling Update (PW)
(Item # 48 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Initiate Recovery Of Medical Insurance Premiums (CC)
(Item # 51 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Ericson Block Club/Budget Money To Trim Trees
(Item # 91 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Oppose New York Power Authority's Replacement Power Rate Increases
(Item No. 137, C.C.P., Jan. 19, 1993)
Mr. Coppola now moved to recommit the above item to the Committee
on Legislation.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- LOTEMPIO- 1.
No. 134
Monthly Overtime Report (Compt)
(Item # 21 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Report Of Audit/Parks (Compt)
(Item # 27 CCP Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Reply To Audit (Parks)
(Item # 30 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 137
LDA Amend. - Valley Housing - Burke Builders
(Item No. 63, C.C.P., January 19, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council, and the Hearing be opened.
Appearances: Louis Malucci- Mgr. Real Estate
Community. Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Pitts.
CARRIED.
Mr. Fahey moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Burke Brothers Construction and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Whereas, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
Whereas, The Agency and the Redeveloper have requested to amend the LDA
to include 1179 Seneca to Schedule A of said LDA for the construction of one
(l) additional unit of residential new housing known as the Valley New Housing
Project in the Community Wide Urban Renewal Demonstration Program Area bringing
the total number of units to four;
Now, Therefore, Be It Resolved:
(1) That the Land Disposition Agreement by and between The City of Buffalo
Urban Renewal Agency and Burke Brothers Construction, Inc. shall be amended as
follows:
a.) Amend Schedule "A" as attached hereto to include 1179
Seneca.
b.) Amend Section 4 of the LDA to increase the number of
residential dwelling units to four (4).
c.) All terms and provisions not included in this Amendment
shall remain unchanged and shall remain in full effect.
(2) That Burke Brothers Construction, Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for Community Wide
Urban Renewal Homestead Program.
(3) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency is
hereby authorized to execute any and all deeds or other legal documents
necessary to convey the land described in the proposed amended "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey said
land so described in the subject LDA to said Redeveloper.
PASSED.
AYES- 13 NOES- 0.
No. 138
LDA Fillmore Housing- SMT Developer
(Item No. 64, C.C.P., January 19, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Amos the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci - Mgr. Real Estate
Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Amos.
CARRIED.
Mr. Fahey moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated SMT, Inc. and/or other legal entity to be formed
as qualified and eligible Redeveloper in accordance with rules and procedures
duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That SMT, Inc. and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for the Fillmore In-Fill New
Housing Project in the Community Wide Urban Renewal Demonstration Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey the
property from the city to BURA.
PASSED.
AYES- 13 NOES- 0.
No. 139
LDA Amend. Virginia Housing - Atkins
(Item No. 65, C.C.P., January 19, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Perla the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci- Mgr. Real Estate
Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mrs. LoTempio.
CARRIED.
Mr. Bell now moved to recommit the above item to the Committee on
Economic Development.
ADOPTED.
No. 140
LDA Niagara Housing - West Side N.H.S.
(Item No. 66, C.C.P., January 19, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Zuchlewski the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci- Mgr. Real Estate
Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Higgins.
CARRIED.
Mr. Fahey moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated West Side NHS, Inc. and/or other legal entity to
be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That West Side NHS, Inc. and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the Niagara District
New Housing Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency and the Mayor of City of Buffalo is hereby authorized to execute any and
all deeds or other legal documents necessary to convey the land described in
the proposed "Land Disposition Agreement" to the Redeveloper and/or other legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 141
LDA Court Tower Group
(Item No. 132, C.C.P., January 5, 1993
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Bell now moved to receive and filed the above item; seconded by Mr.
Pitts.
ADOPTED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS, ZUCHLEWSKI- 8.
NOES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 5.
No. 142
LDA Niagara Building Partnership
(Item No. 133, C.C.P., January 5, 1993
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Whereas, the Buffalo Urban Renewal Agency has duly designated. Niagara
Building Association Partnership and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
Whereas, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore, Be It Resolved:
1. That Niagara Building Association Partnership and/or other legal
entity to be formed was duly designated as qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
a portion of Downtown Renewal Phase II.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Niagara Building Association Partnership and/or other' legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 143
New Board-up Policy for Vacant Buildings
(Item No. 146, C.C.P., Nov. 24, 1992)
That this Common Council recognizes the need for reform of the
Clean and Seal program, but also realizes that the realties of arson, vandalism
and crime necessitate prompt boarding of vacant structures.
That this Common Council requests that the Commissioner of Community
Development modify the board-up policy of September 2, 1992 to enable immediate
boarding of hazardous buildings to lessen the threats that vacant and open
buildings pose to the public health, safety and welfare.
ADOPTED.
No. 144
Board-up Policy For Vacant Buildings (CD)
(Item # 34 CCP Dec 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
STADIUM/AUD TASK FORCE
HON JAMES W. PITTS
CHAIRMAN
No. 145
Lead Agency Designation
Crossroads Arena
(Item No. 57, C.C.P., Jan. 19, 1993)
That the Buffalo Common Council accepts and approves of the designation
of the Department of Community Development as Lead Agency for the Crossroads
Urban Renewal Plan.
ADOPTED.
No. 146
Site Designation - Crossroads Arena
(Item No. 135, C.C.P., Jan. 19, 1993)
That the area as described in the above communication be designated as
being appropriate for urban renewal activities.
That the Commissioner of Community Development prepare or cause to be
prepared an Urban Renewal Plan for said area and to submit the same to the
Common Council for its approval.
ADOPTED.
No. 147
U.R. Plan Site Design/Downtown Arena (CD)
(Item # 59 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
U.R. Plan Site Design/New Arena (CPBD)
(Item # 8 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 149
By: Messrs. Bell & Amos
Twenty-five percent (25%) Minority Participation for Construction
and Operation of New Crossroads Arena
Whereas: The Common Council, the Administration, and the Buffalo
Sabres are currently deliberating the construction of a new first class arena
to be constructed downtown at the crossroads site; and
Whereas: Although efforts have been made in the past to allow for ten
percent (10%) minority participation in major construction projects that have
enjoyed full or partial public financing, history reflects that actual minority
participation has been substantially less than the ten percent (10%) goal; and
Whereas: Moreover, companies which were granted approval from this Common
Council to receive public funding from government programs such as the recent
Urban Development Action Grant program, were granted approval based, in part,
on the companies' commitment to follow HUD guidelines for hiring minority
personnel as part of their expansion; and
Whereas: In actuality, several of the companies never came close to hiring
the percentage of minorities to which they committed as evidenced by reports
received by HUD and this body from the Department of Community Development; and
Whereas: Figures from the 1990 census demonstrate that minorities comprise
nearly forty percent (40%) of the population in the City of Buffalo; and
Whereas: It seems appropriate to set goals of twenty-five percent (25%) for
minority participation in the construction of the new arena, and also for the
subsequent operation of the facility given minority population figures in the
City of Buffalo;
Now, Therefore, Be It Resolved:
That this Common Council requires at least twenty-five percent set aside
for participation in the construction of the new arena and; also, subsequent
operation of the facility which reflect the minority population figures in the
City of Buffalo; and
Be it Further Resolved:
That a plan be developed to require a Request for Proposal for each phase
of the construction of this facility to include such minority requirement; and
Be it Finally Resolved:
That this Honorable Body request that a goal of twenty-five percent (25%)
minority employment be established for operation of the proposed arena.
REFERRED TO THE TASK FORCE - AUDITORIUM-STADIUM AND THE CORPORATION COUNSEL.
No. 150
By: Mr. Bell
Thank You Buffalo Bills
Whereas: Following the team's defeat in Super Bowl XXVII, the Buffalo
Bills decided to cancel plans to hold a rally in Niagara Square; and
Whereas: Rallies had been held following the Bills' losses in the two
previous NFL championship games, drawing thousands of Bills fans to downtown
Buffalo in an impressive display of community spirit; and
Whereas: Particularly memorable was the rally following Super Bowl XXV, when
fans erupted into a rousing spontaneous ovation for Scott Norwood, whose
game-winning field goal attempt sailed wide in the closing seconds of the
contest; and
Whereas: Today Bills fans are devastated that Buffalo has lost its third
consecutive Super Bowl, and that disappointment was exacerbated for many when
the team called off plans for a rally; and
Whereas: A rally would give the members of the community an opportunity to
commiserate with one another over the devastating loss in the Super Bowl; and
Whereas: At the same time, such an event would give the team a chance to
thank Buffalo fans for their loyal support of the Bills; and
Whereas: A rally would also serve to remind everyone that twenty-eight NFL
teams began this season with the hope of playing in the Super Bowl, but only
two were able to achieve that lofty goal; and
Whereas: It is important to recognize the tremendous odds the Bills overcame
by making it to the NFL championship game as a wild card team, and by staging a
record-setting comeback in the playoffs against the Houston Oilers; and
Whereas: While a critical analysis of the team's performance should be
conducted at some point, now is the time to acknowledge the consistent
excellence of the Buffalo Bills in recent years, and to thank the team for
doing so much for the Niagara Frontier; and
Whereas: As we have seen in the past, a rally is an effective means of
putting the bitter disappointment of the Super Bowl loss behind us, and to
remind us just how far the Buffalo Bills have come from the 2-14 teams of the
mid-1980's; and
Whereas: While we respect the desire of the Buffalo Bills not to take part
in a rally at this time, the team should consider participating in such an
event at a time they would consider appropriate;
Now, Therefore Be It Resolved:
That this Common Council, on behalf of the City of Buffalo, thank the
Buffalo Bills for all the team has done to entertain local residents, boost
community spirit, and stimulate the economy in this area, and extend an open
invitation to the Bills to participate in a "thank-you rally" at a later date;
and
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to the
Buffalo Bills Football Club and the Greater Buffalo Areas Chamber of Commerce.
ADOPTED.
No. 151
By: Mr. Collins
Transfer of Funds
Appropriation Allotments City Clerk, Council President and Audit and Control
Trust & Agency- Records Management
That, pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sums of
$7,500, $7,500 and $8,000 be and the same are hereby transferred from the City
Clerk's printing and binding account, the Council President's Legal Services
account and the Department of Audit and Control's account for Office Equipment
and Furnishings, respectively, and said sums are hereby reappropriated as set
forth below:
From:
100 General Fund
01 - 1 City Clerk
540 - Printing and Binding $7,500
100 General Fund
02 - 0 - President of Common Council
572 - Legal Services $7,500
100 General Fund
04-0 Department of Audit and Control
085 - Capital Outlay
983 - Office Equipment & Furnishings (Shelving) $8,000
To:
620 Trust and Agency
01 - 1 - City Clerk
250 - Records Management $23,000
PASSED.
AYES- 13 NOES- 0.
No. 152
By: Mr. Collins
Resolution Repealing $120,000 Serial Bonds Finance Replacement
of Watermains Across Kensington Expressway
Account 415-980-070
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM NO. 162
AUTHORIZING THE ISSUANCE OF $120,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS ACROSS
KENSINGTON EXPRESSWAY AT THE ESTIMATED MAXIMUM COST OF $120,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No 162 authorizing the issuance of $120,000 General Improvement
Water Supply Serial bonds of said City, to finance the cost Replacement of
Watermains Across Kensington Expressway, at the estimated maximum cost of
$120,000 (Account No 415-980-070), and
WHEREAS no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No. 162 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Watermains Across Kensington Expressway, at the estimated maximum cost of
$120,000 be and hereby is in whole repealed, revoked and rescinded, except to
the extent that any indebtedness shall already have been contracted or
encumbrances made thereunder for the objects or purposes for which such
resolution authorize the issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 153
By: Mr. Collins
Resolution Repealing $250,000 Serial Bonds Finance Rehabilitation
Of Cone Valves- Massachusetts Pumping Station
Account 415-980-064
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 5, 1990, ITEM NO. 253
AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REHABILITATION OF CONE VALVES
-MASSACHUSETTS PUMPING STATION AT THE ESTIMATED MAXIMUM COST OF $250,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
5, 1990, Item No. 253 authorizing the issuance of $250,000 General Improvement
Water Supply Serial bonds of said City, to finance the cost Rehabilitation of
Cone Valves - Massachusetts Pumping Station, at the estimated maximum cost of
$250,000 (Account No. 415-980-064), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 5, 1990, Item No. 253 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Rehabilitation
of Cone Valves - Massachusetts Pumping Station, at the estimated maximum cost
of $250,000 be and hereby is in whole repealed, revoked and rescinded, except
to the extent that any indebtedness shall already have been contracted or
encumbrances made thereunder for the objects or purposes for which such
resolution authorize the issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 154
By: Mr. Collins
Resolution Repealing $250,000 Serial Bonds Finance Rehabilitation
Of Watermains - Genesee St. (Phase II)
Account 415-980-071
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM NO. 163
AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REHABILITATION OF WATERMAINS
-GENESEE STREET (PHASE II) AT THE ESTIMATED MAXIMUM COST OF $250,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No. 163 authorizing the issuance of $250,000 General Improvement
Water Supply Serial bonds of said City, to finance the cost Rehabilitation of
Watermains - Genesee Street (Phase II), at the estimated maximum cost of
$250,000 (Account No. 415-980-071), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No. 163 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Rehabilitation
of Watermains - Genesee Street (Phase II), at the estimated maximum cost of
$250,000 be and hereby is in whole repealed, revoked and rescinded, except to
the extent that any indebtedness shall already have been contracted or
encumbrances made thereunder for the objects or purposes for which such
resolution authorize the issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 155
By: Mr. Collins
Resolution Repealing $250,000 Serials Bonds Finance The Replacement
of Hydrants Account 415-980-079
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON OCTOBER 29, 1991, ITEM NO. 155
AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF HYDRANTS AT THE
ESTIMATED MAXIMUM COST OF $250,000
WHEREAS, this Common Council heretofore adopted a bond resolution on
October 29, 1991, Item No. 155 authorizing the issuance of $250,000 General
Improvement Water Supply Serial bonds of said City, to finance the cost
Replacement of Hydrants, at the estimated maximum cost of $250,000 (Account No.
415-980-079), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water Revenue
Bonds in December of 1992 to finance this project, therefore, the City of
Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
October 29, 1991, Item No. 155 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Hydrants, at the estimated maximum cost of $250,000 be and hereby is in whole
repealed, revoked and rescinded, except to the extent that any indebtedness
shall already have been contracted or encumbrances made thereunder for the
objects or purposes for which such resolution authorize the issuance of
obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 156
By: Mr. Collins
Resolution Repealing $250,000 Serial Bonds Finance The Reconstruction
Of Clearwell Basin
Account 415-980-081
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON MARCH 31, 1992, ITEM NO. 198
AUTHORIZING THE ISSUANCE OF $250,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF RECONSTRUCTION OF CLEARWELL BASIN AT
THE ESTIMATED MAXIMUM COST OF $250,000
WHEREAS, this Common Council heretofore adopted a bond resolution on
March 31, 1992, Item No. 198 authorizing the issuance of $250,000 General
Improvement Water Supply Serial bonds of said City, to finance the cost
Reconstruction of Clearwell Basin, at the estimated maximum cost of $250,000
(Account No. 415-980-081), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
March 31, 1992, Item No. 198 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Reconstruction
of Clearwell Basin, at the estimated maximum cost of $250,000 be and hereby is
in whole repealed, revoked and rescinded, except to the extent that any
indebtedness shall already have been contracted or encumbrances made thereunder
for the objects or purposes for which such resolution authorize the issuance of
obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 157
By: Mr. Collins
Resolution Repealing $400,000 Serial Bonds Finance Replacement
of Watermains - Gibson Street
Account 415-980-067
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM No. 164
AUTHORIZING THE ISSUANCE OF $400,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS ON GIBSON
STREET AT THE ESTIMATED MAXIMUM COST OF $400,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No. 164 authorizing the issuance of $400,000 General Improvement
Water Supply Serial bonds of said City, to finance the cost Replacement of
Watermains on Gibson Street, at the estimated maximum cost of $400,000 (Account
No 415-980-067), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No. 164 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Watermains on Gibson Street, at the estimated maximum cost of $400,000 be and
hereby is in whole repealed, revoked and rescinded, except to the extent that
any indebtedness shall already have been contracted or encumbrances made
thereunder for the objects or purposes for which such resolution authorize the
issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 158
By: Mr. Collins
Resolution Repealing $700,000 Serial Bonds Finance Replacement
Of Stadium Group Streets
Account 415-980-061
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 5, 1990, ITEM NO. 254
AUTHORIZING THE ISSUANCE OF $700,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAIN-STADIUM
GROUP STREETS, AT THE ESTIMATED MAXIMUM COST OF $700,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
5, 1990, Item No. 254 authorizing the issuance of $700,000 General Improvement
Water Supply Serial bonds of said City, to finance the cost Replacement of
Watermain - Stadium Group Streets, at the estimated maximum cost of $700,000
(Account No. 415-980-061), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 5, 1990, Item No. 254 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Watermain -Stadium Group Streets, at the estimated maximum cost of $700,000 be
and hereby is in whole repealed, revoked and rescinded, except to the extent
that any indebtedness shall already have been contracted or encumbrances made
thereunder for the objects or purposes for which such resolution authorize the
issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE , THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 159
By: Mr. Collins
Resolution Repealing $1,000,000 Serial Bonds Finance Replacement
Of- Watermains - Grote & Amherst Streets
Account 415-980-069
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM NO. 185
AUTHORIZING THE ISSUANCE OF $1,000,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS - GROTE &
AMHERST AT THE ESTIMATED MAXIMUM COST OF $1,000,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No. 165 authorizing the issuance of $1,000,000 General
Improvement Water Supply Serial bonds of said City, to finance the cost
Replacement of Watermains - Grote & Amherst, at the estimated maximum cost of
$1,000,000 (Account No. 415-980-069), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No. 165 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Watermains - Grote & Amherst, at the estimated maximum cost of $1,000,000 be
and hereby is in whole repealed, revoked and rescinded, except to the extent
that any indebtedness shall already have been contracted or encumbrances made
thereunder for the objects or purposes for which such resolution authorize the
issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 160
By: Mr. Collins
Resolution Repealing $1,600,000 Serial Bonds Finance Replacement
of watermains at Amherst & Linden
Account 415-980-065
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM NO. 167
AUTHORIZING THE ISSUANCE OF 1,600,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF WATERMAINS AT AMHERST
& LINDEN AT THE ESTIMATED MAXIMUM COST OF $1,600,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No. 167 authorizing the issuance of $1,600,000 General
Improvement Water Supply Serial bonds of said City, to finance the cost
Replacement of Watermains at Amherst & Linden, at the estimated maximum cost of
$1,600,000 (Account No. 415-980-065), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No. 167 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Watermains at Amherst & Linden, at the estimated maximum cost of $1,600,000 be
and hereby is in whole repealed, revoked and rescinded, except to the extent
that any indebtedness shall already have been contracted or encumbrances made
thereunder for the objects or purposes for which such resolution authorize the
issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 161
By: Mr. Collins
Resolution Repealing $1,750,000 Serial Bonds Finance Replacement
of Transmission Watermains
Account 415-980-072
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL ON JUNE 11, 1991, ITEM NO. 168
AUTHORIZING THE ISSUANCE OF $1,750,000 GENERAL IMPROVEMENT WATER SUPPLY SERIAL
BONDS OF SAID CITY, TO FINANCE THE COST OF REPLACEMENT OF TRANSMISSION
WATERMAINS AT THE ESTIMATED MAXIMUM COST OF $1,750,000
WHEREAS, this Common Council heretofore adopted a bond resolution on June
11, 1991, Item No 168 authorizing the issuance of $1,750,000 General
Improvement Water Supply Serial bonds of said City, to finance the cost
Replacement of Transmission Watermains, at the estimated maximum cost of
$1,750,000 (Account No. 415-980-072), and
WHEREAS, no bonds or bond anticipation notes have been issued pursuant to
said bond resolution,
WHEREAS, the Buffalo Municipal Water Finance Authority issued Water
Revenue Bonds in December of 1992 to finance this project, therefore, the City
of Buffalo will not issue bonds for this project,
NOW, THEREFORE, BE IT RESOLVED,
That the bond resolution heretofore adopted by this Common Council on
June 11, 1991, Item No 168 authorizing the issuance of General Improvement
Water Supply Serial Bonds of said City, to finance the cost of Replacement of
Transmission Watermains, at the estimated maximum cost of $1,750,000 be and
hereby is in whole repealed, revoked and rescinded, except to the extent that
any indebtedness shall already have been contracted or encumbrances made
thereunder for the objects or purposes for which such resolution authorize the
issuance of obligations, and
BE IT FURTHER RESOLVED, that the repeal, revocation and rescission of
said Bond Resolution shall in no way be construed to invalidate any
expenditures made, liabilities incurred, obligations issued or any action taken
pursuant to said Bond Resolution
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 162
By: Mr. Collins
Ordinance Amendment - Chapter 216-9-10-11 Dumping
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Article VI Sections 216-9 through 216-13 be deleted in its entirety
and replaced with the following:
216-9 Deposit of Materials is amended to read as follows:
It shall be unlawful for any person, his or her agent, employee or any
person under his or her control to suffer or permit any dirt, sand, gravel,
clay, loam, stone, rocks, rubble, building rubbish, sawdust, household waste,
ashes, manure, garbage, rubbish, debris or any sort or any other organic or
inorganic material being transported in a dump truck or other vehicle to be
dumped or disposed of in any street, lot, park, public place, or other area
whether publicly or privately owned.
216-10 Rewards is amended to read as follows:
Where an individual furnishes information that, in the determination of
an adjudication officer, results in the conviction or civil penalizing of any
person for violating Section 216-9, the adjudication officer shall offer as a
reward to said individual, out of unexpended appropriations therefor:
1) 50% of any fine or penalty collected; or
2) $500.00 when a prison sentence but no fine or civil penalty is imposed.
A) In addition to the foregoing penalties the offender shall be required to
clear or clean the area upon which the offender dumped unlawfully within ten
days after conviction thereof. In the event the offender fails to clear or
clean the area within such time such clearing or cleaning by the Department of
Street Sanitation or by a private contractor under the direction of the
department and the cost shall be billed to the offender.
B) The Commissioner of Streets shall post a sign in any area where the
Commissioner deems appropriate because of instances of illegal dumping and the
reward provisions therein.
216-11 Penalties of offenses is amended to read as follows:
A) Any person violating the provisions of this section shall be liable to
arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not less than six hundred dollars nor more than
five thousand dollars or by imprisonment not to exceed ninety days or by both
such fine and imprisonment.
B) Any person violating the provisions of Section 216-9 shall also be liable
and responsible for a civil penalty of not less than six hundred dollars nor
more than five thousand dollars for the first offense, and not less than one
thousand dollars nor more than five thousand dollars of each subsequent
offense. In addition, every owner of a dump truck or other vehicle shall be
liable for a civil penalty of not less than six hundred dollars nor more than
five thousand dollars for the first offense and not less than one thousand
dollars nor more than seven thousand five hundred dollars for each subsequent
offense of unlawful dumping described in Section 216-9 by any person using or
operating the same, in the business of such owner or otherwise, with the
permission, expressed or implied, of such owner. As used in this subdivision,
the term owner shall mean an owner as defined in section one hundred
twenty-eight and in subdivision three of section three hundred eighty-eight of
the vehicle and traffic law.
C) In the instance where the notice of violation, appearance ticket or
summons is issued for a breach of the provisions of Section 216-9 and sets
forth thereon civil penalties only, such process shall be returnable to the
adjudication officer, who shall have the power to impose the civil penalties
hereinabove provided in subdivision B of this section.
D) 1. Any dump truck or other vehicle that has been used or is being used
to violate the provisions of this section shall be impounded by the department
and shall not be released until either all removal charges and storage fees and
the applicable fine have been paid or a bond has been posted in an amount
satisfactory to the Commissioner or as otherwise provided in paragraph (2) of
this subdivision. The Commissioner shall have the power to establish
regulations concerning the impoundment and release of vehicles and the payment
of removal charges and storage fees for such vehicles, including the amounts
and rates thereof.
2. In addition to any other penalties provided in this section, the
interest of an owner as defined in subdivision B of this section in any vehicle
impounded pursuant to paragraph (1) of this subdivision shall be subject to
forfeiture upon notice and judicial determination thereof if such owner (i) has
been convicted of or found liable for a violation of this section in a civil or
criminal proceeding or in a proceeding before an adjudication officer three or
more times, all of which violations were committed within an eighteen month
period or (ii) has been convicted of or found liable for a violation of this
section in a civil or criminal proceeding or in a proceeding before an
adjudication officer if the material unlawfully dumped is a material identified
as a hazardous waste or an acute hazardous waste in regulations promulgated
pursuant to section 27-0903 of the environmental conservation law.
3. Except as hereinafter provided, the city agency having custody of a
vehicle, after judicial determination of forfeiture, shall no sooner than
thirty days after such determination upon a notice of at least five days, sell
such forfeited vehicle at public sale. Any person, other than an owner whose
interest is forfeited pursuant to this section, who establishes a right of
ownership in a vehicle, including a part ownership or security interest, shall
be entitled to delivery of the vehicle if such person:
(i) redeems the ownership interest which was subject to forfeiture by
payment to the city of the value thereof; and
(ii) pays the reasonable expenses of the safekeeping of the vehicle
between the time of seizure and such redemption; and
(iii) asserts a claim within thirty days after judicial determination of
forfeiture.
Notwithstanding the foregoing provisions, establishment of a claim shall
not entitle such person to delivery of the vehicle if the city establishes that
the unlawful dumping for which the vehicle was seized was expressly or
impliedly permitted by such person.
Approved as to form
Laurence K. Rubin
Corporation Council
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 163
By: Mr. Collins
Forgive Emergency Enclosure Expense
Whereas The City of Buffalo billed the owner of 60 Hedley Place,
$121.00 for emergency enclosure expense; and
Whereas This property has a historic presence that has become the interest
of the Hamlin Park Taxpayer's Association and the preservation Coalition, who
is in the process of acquiring said property; and
Whereas The owner claim that property was secured and that emergency
enclosure was not needed.
Now Therefore Be It Resolved, That in face of common interest in the 60 Hedley
Place property, which is subject to the changing of its title, the emergency
enclosure expense should be forgiven.
PASSED.
AYES- 13 NOES- 0.
No. 164
By: Mr. Collins
Policy Toward Haitian Refugees
Whereas: During his campaign for off ice, President Bill Clinton
professed a liberalized policy for dealing with the Haitian refugee situation,
stressing the importance of allowing those Haitians who claimed political
persecution the opportunity to legally seek refuge in the United States; and
Whereas: Since his election, the President has done little or nothing to
propose, establish, and implement new policies regarding Haitians, and has, in
fact, decided to maintain the Bush administration policy denying Haitians
refugee status; and
Whereas: President Clinton's actions in this area have been detrimental to
Haitians and have effectively served to create an additional barrier to those
Haitians who wish to escape the oppression of their persecutorial government;
Now, therefore, be it resolved:
That the Common Council of the City of Buffalo request that President
Bill Clinton make good on his campaign promise of developing a fair and
equitable policy to deal with the Haitian refugee crisis; and
Be it further resolved:
That the first step in the development of this new policy be the
elimination of the Bush administration position of denial of refugee status to
Haitians; and
Be it finally resolved:
That the City Clerk forward certified copies of this resolution to
President William J. Clinton, United States Senators Moynihan and D'Amato, and
the Western New York Congressional Delegation.
ADOPTED.
No. 165
By: Mr. Coppola
Request Authorization to Apply for H.U.D. Special Purpose Grant
- Pediatric Intensive Care Unit at Children's Hospital
Whereas, Public Law 102-389, the Appropriations Act of 1993, directed
the U.S. Department of Housing and Urban Development to provide funds for 214
Special Purpose Grants; and
Whereas, the Appropriations Act designates $2,000,000 for the renovation
of the Pediatric Intensive Care Unit at Children's Hospital in the City of
Buffalo; and
Whereas, to be eligible for a Special Purpose Grant, the City, in
conjunction with Children's Hospital, must submit the necessary application
materials to H.U.D. by February 16, 1993.
Now, therefore, be it resolved by the Common Council of the City of
Buffalo:
That the Mayor of the City of Buffalo be, and hereby is, authorized to
submit a Special Purpose Grant Application to the U.S. Department of Housing
and Urban Development; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute project agreements for such financial assistance, upon
such terms and conditions prescribed by H.U.D.; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
execute whatever other documents or take measures which are necessary to
effectuate such financial assistance.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 166
By: Mr. Fahey
Filing Of Emergency Demolition Bids
WHEREAS: From time to time hazardous conditions exist where structures
must be demolished immediately to insure the health, safety and welfare to the
citizens that live and frequent the area surrounding buildings of this nature;
and
WHEREAS: The Department of Inspections and Community Revitalization has been
requested on many occasions to forward all information pertaining to emergency
demolition bids to this Council; and
WHEREAS: Reports of emergency bids continue to be presented to this Council
with only the lowest bidder being named; and
WHEREAS: This Council and the taxpayers of Buffalo have the right to inspect
all emergency bids for the demolition of hazardous structures;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council requests the Department of Inspections and
Community Revitalization to file with the City Clerk, the results of all bids
and bidders with its notification of emergency demolition.
ADOPTED.
No. 167
By: Mr. Fahey
Ordinance Amendment Chapter 361 - Records
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the heading of Section 361-9 be amended to read as follows:
361-9. Powers and duties of City Clerk as ex officio Registrar.
and that Sections 361-9, 361-10 and 361-11 of Chapter 361 of the Code of the
City of Buffalo be amended to read as follows:
361-9. Powers and duties of City Clerk as ex officio Registrar.
The City Clerk as ex officio Registrar of Vital Statistics shall keep a
full and correct record of vital statistics, including births and deaths, and
all permits authorized by law and shall perform such other duties as are
provided by the Charter, by ordinance, by the Public Health Law or as may be
assigned to him/her from time to time by the [Mayor) Council.
361-10. Report of births.
Every physician, accoucheur, midwife or other person in charge who shall
attend or assist or advise at the birth of any child within the City of Buffalo
shall report to the City Clerk as ex officio Registrar aforesaid within three
(3) days thereafter, stating distinctly the date of birth, the sex and color of
the child or children born, its or their physical condition, whether stillborn
or not, the full name, nativity and residence of the parents and the maiden
name of the mother of such child or children.
361-11. Registration of certain persons.
It shall be the duty of every physician, accoucheur, midwife, undertaker,
sexton or superintendent of any cemetery or other person having charge of the
same, practicing medicine or doing business within the City of Buffalo to
register his or her name in a book or books to be provided for such purpose at
the office of the City Clerk as ex officio Registrar of Vital Statistics of
said city, giving full name, residence and place of business, and in case of
removal from one place to another in said city, to make a change in such
register accordingly.
This amendment shall become effective when Local Law Introductory No. 16
amending Articles three and six of the Charter of the City of Buffalo in
relation to Registrar of Vital Statistics becomes operative.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 168
By: Mr. Fahey
CITY OF BUFFALO
LOCAL LAW NO _________ (1993)
INTRODUCTORY NO. 16 (1993)
A LOCAL LAW amending articles three and six of the charter of the
city of Buffalo in relation to registrar of vital statistics.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That sections twenty-seven and twenty-eight of article three
of the charter of the city of Buffalo, be amended to read as follows:
Sec. 27. Appointments by Council.
The council may appoint and at pleasure remove a city clerk, who shall
also be ex officio registrar of vital statistics, a deputy city clerk and such
subordinates as it may deem necessary for the orderly conduct of its meetings
and the dispatch of its business.
Sec. 28. City Clerk; Duties and Powers.
The city clerk shall be the clerk of the council and of its committees
and of the pension board[.] and shall be the ex officio registrar of vital
statistics, who shall have the qualifications prescribed by the public health
council of the state, if any are so prescribed. He/she shall also possess the
following powers and be charged with the following duties:
(1) To appoint such deputies and other subordinates as may be permitted by
ordinance and at pleasure to remove them.
(2) To make up and keep under the direction of the council a journal of its
proceedings and certify the same and to publish the same in the manner provided
by ordinance.
(3) To record, in a book to be provided for such purpose, every ordinance.
(4) To give notice in writing to every officer of his/her election or
appointment and of the amount of his/her official bond or undertaking.
He/she shall also exercise such other powers and perform such other
duties as may be conferred or imposed upon him/her by the council or by any
provision of this act or by any general law.
(5) To make or cause to be made publications of all notices, advertising,
matters or proceedings required by the provisions of this act or by law or
ordinance, except as otherwise provided therein.
(6) To be charged with all the powers and duties conferred by the public
health law and sanitary code of the state on the registrar of vital statistics,
and such other duties as may be assigned to him/her from time to time, or be
required of him/her by ordinance.
Section 2. That article 6 be amended by repealing sections 109-i and
109-j in their entirety.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 169
By: Mr. Fahey
Oppose TCI Basic Package
WHEREAS: TCI Cable has recently proposed a new basic service that
costs subscribers $12.50; and
WHEREAS: The new service contains only local Buffalo stations and over the
air Toronto stations; and
WHEREAS: The new proposal includes no traditional cable stations such as
CNN, ESPN, C-SPAN or HBO; and
WHEREAS: The service would only provide enhanced reception of stations that
anyone can receive free of charge; and
WHEREAS: An average antenna would accomplish the same job as the TCI
proposal without subjecting oneself to a future of continuous pressure to
upgrade your cable service.
THEREFORE BE IT RESOLVED THAT: This Common Council opposes TCI's new basic
package as substantially empty and a shallow attempt to develop an added
customer base.
BE IT FURTHER RESOLVED THAT: This Council recognizes these tactics during a
year in which franchise negotiations are on-going.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 170
By: Messrs. Fahey and Bakos
Set Public Hearing- Proposed Amended Land Disposition Agreement
for A. Portion of New Buffalo Industrial Park Parcel # 3
WHEREAS, Paul A. Dedrick and Eden Scott, and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated an Amended Land Disposition Agreement for the disposition of a
portion of New Buffalo Industrial Park; and
WHEREAS, the terms of said Amended Land Disposition Agreement have been
approved by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Amended Land Disposition Agreement has been forwarded by
the City of Buffalo Urban Renewal Agency to this Common Council for action,
pursuant to Section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
5th day of February, 1993.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
16th day of February, 1993.
ADOPTED.
No. 171
By: Mr. Franczyk
Appoint Members to Parks Conservancy Task Force
WHEREAS: On January 5, 1993, the Common Council authorized the
creation of a Task Force to establish a Conservancy Model for the Buffalo Parks
Department; and,
WHEREAS: A number of citizens, either recommended by Council Members, or
expressing interest themselves, wish to serve on the Conservancy Task Force;
NOW THEREFORE BE IT RESOLVED:
That the Common council appoint the following individuals to the Buffalo
Parks Conservancy Task Force:
Mark Mistretta, Buffalo Friends of Olmsted Parks
P.O. Box 590, Buffalo, 14205
Susan West, Executive Director, Friends of Olmsted Parks
301 Lexington Street, Bflo. 14222
Albert "Micky" Howard, Martin Luther King Park Steering Comm.
428 City Hall, Bflo.
Marge Miller, Delaware Park Steering Committee
296 Huntington, Bflo. 14220
Patty Farrell, Friends of Cazenovia Casino
112 Culver Rd., Bflo. 14220
Jack McGowan
Parkside Community Assoc.
222 Summit Ave., Bflo. 14214
Thomas J. Barnes
405 Parkside Ave., Bflo.
Wes Olmsted
302 Summer Street, Bflo. 14222
Robert Meldrum
137 Goemble Street, Buffalo, 14211
Paula Mulligan
440 Linden Ave., Bflo. 14216
Louise Snyder
104 Meadow Rd, Bflo. 14216
Rev. Benny Sheppard
269 Hickory St. Bflo. N.Y. 14204
Gretchen Toles
75 Central Ave., Hamburg, N.Y. 14075
Stan Buczkowski, Commissioner of Parks, 511 City Hall
David P. Comerford, Commissioner of Public Works, Rm. 502
Samuel F. Iraci, Jr., Commissioner of Community Development,
Room 920 City Hall.
John Scardino
47 Coburg Street
Buffalo, N.Y. 14216
Bob Kresse
20 Cherry Tree Lane
Orchard Park, NY 14127
Pamela DiPalma
94 Virgil Ave.
Buffalo, N.Y. 14216
David A. Franczyk
1405 City Hall
Buffalo, N.Y. 14202
Archie L. Amos, Jr.
1502 City Hall
Buffalo, N.Y. 14202
Dale L. Zuchlewski
1316 City Hall
Buffalo, N.Y. 14202
ADOPTED.
No. 172
By: Mr. Higgins
Class II Bikeway and Pedestrian Access Route in Design of Tifft
Street Bridge Replacement Project
Whereas, the Tifft Street Bridge Replacement is an $18.5 million
project of which the City of Buffalo is responsible for financing 20% ($3.7
million) of the total costs; and
Whereas, designs currently call for 4 travel lanes; 2 center lanes of 12
foot width; 2 curb lanes of 14 foot width; and a 5 foot sidewalk along the
northside of the bridge extending along Tifft Street; and
Whereas, while the proposed design improves pedestrian and bicycle access
from the South Buffalo population center to the City's Outer Harbor, the access
is considered substandard and cannot therefore be officially designated as a
bicycle and pedestrian access route; and
Whereas, the Tifft Street Bridge Replacement project represents an immediate
opportunity to open pedestrian access to the Tifft Nature Preserve, Small Boat
Harbor, Tifft Playfields and all future waterfront recreational uses proposed
for the City's Outer Harbor Area; and
Whereas, the City of Buffalo's Draft Local Waterfront Revitalization
Program, the Horizon Commission's Adopted Action Plan, and all other waterfront
redevelopment plans call for maximizing public access opportunities to the
City's Waterfront area; and
Whereas, as described in the Horizons approved action plan, p.3-86-87, it is
recommended bike trails along the waterfront should be at a minimum 10 feet
wide and lateral obstructions kept to a minimum to permit efficient traffic
flow. In all cases, line striping should be provided to designate travel lanes
for separation of bicyclists and pedestrians. Class II bikeways have separate
lane designations within paved areas of highways. These lanes are for the
preferred use of bicycles with special pavement markings and signage.
Be It Resolved, that the City of Buffalo's Common Council memorializes the New
York State Department of Transportation to revise the design of the Tifft
Street Bridge Replacement Project to provide for a Class II bikeway and
pedestrian access on both the north and south side of the Tifft Street Bridge;
and
Be It Further Resolved, that the inclusion of a Class II bikeway and pedestrian
access on both sides of the Tifft Street Bridge Replacement Project meet all
state and federal safety and design standards and are designated by signage and
pavement markings; and
Be It Finally Resolved, that the City Clerk be directed to forward certified
copies of this resolution to the Commissioner of the New York State Department
of Transportation, New York State Secretary of State, Members of the Western
New York Delegation to the State Legislature and the Horizons Waterfront
Commission's Executive Director.
ADOPTED.
No. 173
By: Mr. Higgins
Payment Of Certain Small Claims
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979 established a Specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which]
pertain to medical bills of Policemen and Firemen in any amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. John Breier
Claim for uniform clothing damaged in the line of duty
working in the Fire Department. $34.56
2. Dorothy R. Fuller
Claim for loss of garbage can. $ 8.63
3. Betty F. Hoff
Claim for medical expenses due to a fall on ice outside
Memorial Auditorium. $99.66
4. Eric Lawson
Claim for loss of garbage can. $ 10.00
5. Parts Plus Distribution Centers
Claim for services rendered to the Division of Inventory
and Stores in a prior fiscal year. $ 25.55
6. West Publishing Company
Claim for services rendered to the Mayor's Advocacy
Office For Persons With Disabilities in a prior fiscal year.
$11.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 174
By: Mr. Perla
Authorize Retention of 1991 Grant-In-Aid Funds
for West Side Play Area
Whereas: The West Side Play Area, under Executive Director Tovie
Asarese, has served the youth of the West Side for many years; and
Whereas: The West Side Play Area received a Grant-In-Aid in fiscal year
1990-91 from which a balance of $70.54 remains; and
Whereas: Grant-In Aid contracts allow for grantees to retain unexpended
funds from a previous grant year subject to Common Council approval; and
Whereas: The West Side Play Area is seeking Common Council approval for
retention of this grant balance;
Now, Therefore, Be It Resolved:
That the Common Council authorizes the West Side Play area to retain the
balance of the Grant-In-Aid funds from fiscal year 1990-91.
PASSED.
AYES- 13 NOES- 0.
No. 175
By: Messrs. Perla and Arthur
Request Civil Service Commission to Delay Action
on Proposal to Place Various Positions
in Non-competitive Class
Whereas: On January 27, 1993, the Municipal Civil Service Commission
held a public hearing to consider a suggestion by the New York State Department
of Civil Service, Municipal Service Division, that certain job titles be placed
into the non-competitive class; and
Whereas: The job titles under consideration for reclassification are titles
for which exams have been given by the City of Buffalo since 1988, including:
Painter Millwright Helper
Sign Painter Millwright
Head Painter Machinist
Bricklayer Head Machinist
Head Bricklayer Boilermaker
Plasterer Roofer
Head Plasterer Ironworker
Glazier Upholsterer
Head Glazier Steamfitter
Cabinet maker Sheet Metal Worker
Head Cabinet Maker Mason
Carpenter Asbestos Worker
Head Carpenter Caulker
Plumber Cement Finisher
Head Plumber Head Furniture Finisher
Electrician Head Furniture Mechanic
Head Electrician Head Locksmith
Locksmith.
Whereas: The rationale advanced by the State for the reclassification of
these titles is that State examiners "are not comfortable with the reliability
of the training and experience examinations that are given for these titles."
Now Therefore Be It Resolved That:
This Common Council does hereby call on the Municipal Civil Service
Commission to delay action on this suggested reclassification to allow this
Council the opportunity to hold a public hearing on the issue so that the
concerns of those affected can be heard and addressed.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION AND
THE CORPORATION COUNSEL.
No. 176
By: Messrs. Perla and Arthur
Appoint Union Members to Joint City and County
Lead Abatement Committee
WHEREAS: The City of Buffalo in a joint effort with Erie County
has established a task force to increase the effectiveness of lead prevention
strategies in efforts to reduce the incidence of childhood lead poisoning; and
WHEREAS: Civic officials from the City of Buffalo and Erie County have
joined forces with experts in the health and lead abatement field to develop a
progressive plan to research, identify and correct lead exposure risks in our
environment and housing stock; and
WHEREAS: In a progressive effort to implement and utilize ideas and
strategies, the task force seeks the appointment of authorities from local
painter and laborer unions for advice and expertise regarding paint abatement
issues.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council appoints Dan Boody, President - Painters District
Council # 4 located at 12 Elmwood Ave. Buffalo, New York 14201 and Peter
Gerace, Business Agent - Laborers Local Union # 210 located at 481 Franklin St.
Buffalo, New York 14202 to the Joint City & County Lead Action Task Force.
ADOPTED.
No. 177
By: Mr. Pitts
Salary Ordinance Amendment
40 - Department of Public Works
40-1 -Division of Engineering
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-1 - Division of Engineers under the subheadings "014 -
Construction of Streets, 016 - Design and Planning of City Streets, 021 -
Administrative Services and 023 - Traffic Engineering Services" which read:
014 - Construction of Streets
1 Account Clerk $19,346- $21,601
2 Account Clerk - Typist 19,346- $21,601
016 - Design and Planning of City Streets
3 Senior Engineer $32,468- $38,089
2 Assistant Engineer 27,155- $31,801
021 - Administrative Services
1 Administrative Assistant $24,816- $28,605
1 Stenographic secretary 23,049- $26,573
1 Bridge Tender 19,016- $20,976
2 Laborer 18.26- 9.38
023 - Traffic Engineering Services
1 Senior Engineer $32,468- $38,089
1 Highway Project
Traffic Technician 23,464- $27,221
are hereby amended to read:
014 - Construction of Streets
3 Account Clerk - Typist $19,346 - $21,601
016 - Design and Planning of City Streets
2 Senior Engineer $32,468- $38,089
1 Assistant Engineer 27,155- $31,801
2 Engineering Aide 20,383- $23,017
021 - Administrative Services
1 Associate Administrator (Eng) $32,468- $38,089
1 Stenographer 18,900- $21,017
3 Laborer 18.26- 9.38
023 - Traffic Engineering Services
1 Junior Engineer $25,394- $29,665
1 Engineering Aide 20,382- $23,017
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 deletion of one (1) Account Clerk, two (2)
Senior Engineers, one (1) Assistant Engineer, one (1) Administrative Assistant,
one (1) Stenographic Secretary, one (1) Bridge Tender and one (1) Highway
Traffic Project Technician positions and the creation of one (1) Account
Clerk-Typist, three (3) Engineering Aides, one (1) Associate Administrator, one
(1) Stenographer, one (1) Laborer I and one (1) Junior Engineer 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.
That a personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties for such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position titles set forth in the
foregoing ordinance as being the appropriate Civil Service titles for the
proposed positions.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 178
By: Messers. Pitts, Coppola, Perla, Fahey, Collins, Amos and Mrs.
LoTempio
Local Law to Seize Automobiles of Prostitution Patrons
Whereas: The crime of prostitution has shown a marked increase
in the City of Buffalo. In 1992 there were approximately 359 arrests related
to prostitution alone , and
Whereas: Of the 359 arrests approximately 122 arrests were made of
patrons or so-called Johns who solicit the prostitutes. These Johns for the
most part were not dealt with seriously through the court system and received
little to negligible punishment, and
Whereas: Prostitution has become such a blatant activity throughout
the City that community-based organizations and neighborhood groups have come
together to organize an Anti-Prostitution Task Force. This Task Force has met
to develop ways to combat prostitution by bringing the community and police
efforts together , and
Whereas: Several of the recommendations of the Task Force for
deterring the solicitation of prostitution are through the:
(1) publishing of Johns names in the news media,
(2) placing of billboards which warn against soliciting of
prostitution,
(3) strenuously prosecuting Johns, and
Whereas: A new recommendation is proposed which involves the
confiscation of the Johns automobile. This law would allow the court to take
away the automobile of the John, especially if he is a repeat offender. This
law would also be used as a sure deterrent in the fight against organized
prostitution, and
Whereas: Laws allowing for car confiscation have been passed in
Hartford, Connecticut and Seattle, Washington. These laws have worked as one of
the most effective deterrents. Such a law in the City of Buffalo would greatly
increase the effectiveness of the fight against prostitution.
Now Therefore Be It Resolved That: The Common Council requests the
Corporation Counsel to develop a Local Law which would allow for the
confiscation of the cars of so- called Johns who solicit prostitution in the
City of Buffalo.
Be It Further Resolved That: This Local Law would be similar to a law
which currently exists in Hartford, Connecticut.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 179
By: Mr. Pitts
Hearing on the Arrest of Rosa Gibson
Whereas: Ms. Rosa Gibson, President of the Citizens Action Information
Group was recently arrested along with several other members after placing
trash in the middle of High Street at Earl Place. This act was one of Civil
Disobedience after numerous attempts to have the trash picked up, and
Whereas: Ms. Gibson and her organization have worked for years with
the Police Department and City of Buffalo to fight crime and improve her
neighborhood. In fact, the First Night Out Program in the City as held by Ms.
Gibson and her group as well as the first twenty-four hour citizens patrols,
and
Whereas: The arrest of Ms. Gibson was an insult and directly against
the cooperation that has been engendered by her organization. It is important
to restore that trust and cooperation, and
Whereas: The arresting police officer could have been more considerate
of Ms. Gibson's organizations intent and actions, instead of treating them as
common criminals.
Now Therefore Be It Resolved That: The Common Council hold a hearing at
its next Legislation Committee as to the circumstances involving the arrest of
Ms. Rosa Gibson and members of her organization.
Be It Further Resolved That: The Common Council request that Ms. Gibson,
and her organization be present as well as the Commissioner of Police, the
arresting officer and the Commissioner of Street Sanitation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 180
By : Mr. Zuchlewski
Summit Meeting on Education
WHEREAS: One of the very foundations of any city is its schools
and the education they provide gives its children the building blocks for
success in the future, and
WHEREAS: Issues have arisen over the past few years that have caused concern
over the quality of the education currently being provided to the children of
Buffalo, and
WHEREAS: At the top of the list are major concerns of adequate funding for
Buffalo Public Schools, security concerns, capital budget needs to upgrade and
maintain our current structures and to build new facilities, the lack of a
teacher's contract and the potential devastating effect of a court ordered
settlement, and to finally resolve the issue of whether or not we are
administratively top heavy or not, and
WHEREAS: There is no ongoing dialogue among elected and appointed officials
on these most important issues, and
WHEREAS: The most effective way to deal with problems is to meet them head
on in a forum that will lend itself to understanding the problems the Board of
Education faces in providing quality education to the children of Buffalo,
NOW, THEREFORE BE IT RESOLVED:
That the President of the Common Council initiate a Summit Meeting to
discuss the current conditions of education in the City of Buffalo and possible
solutions, and
BE IT FURTHER RESOLVED:
That this meeting consist of the Superintendent of Schools, the Mayor,
Comptroller, members of the Common Council and School Board and representatives
of the Buffalo Teachers Federation.
ADOPTED.
No. 181
By: Mr. Zuchlewski
Unspent Lighted Schoolhouse Funds
WHEREAS: Each year during the deliberations on the allocation of
Community Development Block Grant funds, the Common Council appropriates Human
Service money to run the Lighted Schoolhouse program, and
WHEREAS: These Human Service funds are especially valuable because of the
15% cap placed on dollars allocated for this purpose, and
WHEREAS: Each year the Lighted Schoolhouse program has funds that remain
unspent because of personnel vacancies and other unforeseen causes, and
WHEREAS: No one has been to adequately explain what happens to these unspent
funds, and
WHEREAS: Because of the recent cutbacks at all levels of government on Human
Service programs, these unspent funds should be returned to the district from
which they were allocated,
NOW, THEREFORE BE IT RESOLVED:
That this Common Council request a report from the Commissioner of Human
Resources, the Commissioner of Community Development, the Commissioner of
Administration and Finance and the Comptroller on the disposition of unspent
CDBG funds allocated to the Lighted Schoolhouse program and why these funds are
not returned to the district allocations.
ADOPTED.
No. 182
By: Messrs. Zuchlewski, Amos, Arthur, Bell, Collins, Coppola,
Pitts, and Perla
Memorialize Federal Government Request Reinstatement of Federal
Revenue Sharing Program
Whereas: In the eleven year period between 1976 and 1987, the city
of Buffalo received over $58 Million through the Federal Revenue Sharing
Program; and
Whereas: This money was used to supplement the general fund of the city and
was earmarked primarily for public benefit uses such as street lighting and
public facility operation and maintenance; and
Whereas: Despite the protests of municipal governments throughout the nation
and subsequent legal attempts to retain Federal Revenue Sharing, the program
was phased out and discontinued; and
Whereas: Guidelines for the usage of Federal Revenue Sharing dollars, which
included the holding of public hearings for input and demonstration of public
benefit for the projects, safeguard against abuses of appropriated dollars; and
Whereas: The fiscal hardships facing municipalities throughout our nation
could be lessened if the federal government reestablished some form of revenue
sharing program;
Now, therefore, be it resolved:
That the Common Council of the city of Buffalo memorialize the President
and the Congress of the United States to reestablish the Federal Revenue
Sharing Program; and
Be it further resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof the President Bill Clinton, the Secretary of the Senate, the Clerk of
the House of Representatives, New York State Senators Daniel Moynihan and
Alphonse D'Amato, and Congressmen Jack Quinn, John LaFalce and Bill Paxon.
ADOPTED.
No. 183
By: Messrs. Zuchlewski and Perla
Oppose Reducing the Rate Of Growth of
Social Security Benefits
WHEREAS: The Clinton administration has recently stated they are
considering eliminating the annual raise in Social Security payments that
offset the effects of inflation; and
WHEREAS: The administration is advocating restraints on the growth of
Medicare, Medicaid, welfare payments and Social Security outlays as part of its
effort to reduce the federal budget deficit; and
WHEREAS: About 30 million Americans now receive Social Security retirement
benefits averaging $650.00 a month; and
WHEREAS: The Social Security trust fund is presently running a surplus
needed to pay benefits for current and future retirees and is not contributing
to the deficit; and
WHEREAS: Many Senior citizens have no other source of income and are the
people who can least afford cutbacks that may result in missed meals, illness
without medical treatment, or days without heat; and
WHEREAS: Under no circumstances should the Senior Citizens of the United
States burden the brunt of balancing the budget.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body strongly opposes any freeze on cost-of-living
increases for Social Security recipients; and
BE IT FURTHER RESOLVED THAT:
The City Clerk is hereby directed to forward certified copies of this
resolution to the President of the United States, William Jefferson Clinton,
the New York State Senators and the Western New York Congressional Delegation.
ADOPTED.
No. 184
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Mary T. Slowik By Councilmember Arthur
Felicitation for James Cornelius Hicks By Councilmember Arthur
Felicitation for Dr. Walter Earl Fluker By Councilmember Arthur
ADOPTED.
No. 185
By: Mr. Zuchlewski
Appointments 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:
Denise M. Capece
Thynette Cox
Linda Davidson
Thaverne Edmond
Beth Geyer
Susan E. Harlos
Lee M. Mallory
Georgette M. Oguich
Eileen Rogowsky
Geraldine Ross
Belinda Singleton
Duane Skibinski
Donna A. Trigilio
Catherine Wahler
A. Lana Westphal
ADOPTED.
TOTAL 15
ADOPTED.
No. 186
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:
Thomas J. Mazur
Virginia J. Popiela
Mary D. Urbanski
Spencer S. Bryant
Leroy Calhoun
Robert O. Cunningham
Amy L. Cutler
James Gunsauley
Diane Harrington
William P. Jackson
Kathryn LaForce
Otha Lee
James P. Liebner
Samuel C. Lopez
Eric D. Martin
Dennis McCarthy
Keith E. McInnis, Sr.
Nicholas A. Mourgas
Hamid Motley
John E. Mulqueen
Wilmer Olivencia
Eugene Pitts
Beti Porter
Thomas F. Randall
Lori-Anne M. Steck
George T. Steele, Jr.
Mark Stoddard
Joseph E. Szafranski
Ronald J. Vinovrski
Total: 29
ADOPTED.
No. 187
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, FEB 9, 1993 9:30 AN
FINANCE Tuesday, FEB 9, 1993
Immediately Following Civil Service
LEGISLATION Tuesday, FEB 9, 1993 2:00 PM
ECONOMIC DEV. Wednesday, FEB 10, 1993, 10:00 AN
No. 188
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned
at 4:09 P.M.
Charles L. Michaux, III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee reporter
Board of Police and Fire Pension Proceedings # 1 Council President's
Office 1315 City Hall-1/28/93-11:00 a.m.
Present: George K. Arthur, Council President; R. Michael McNamara,
Deputy Comptroller - 2
Absent: James W. Griffin, Mayor - l
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of January 1993 amounting to $32,863.00, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-2. Noes-0.
No. 2
The following annuitants have been cancel led from the Fire Pension
Payroll:
Gertrude V. Carroll Died December 15, 1992
Received and Filed.
No. 3.
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of January 1993 amounting to $38,220.78, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-2. Noes-0.
No. 4.
The following annuitants have been cancel led from the Police
Pension Payroll:
Gladys M. Martin Died December 10, 1992
Received and Filed.
No. 5
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.