HomeMy WebLinkAbout93-0216
1No. 4
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 16, 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 16, 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 Mrs. LoTempio, the minutes of the stated
meeting held on February 2, 1993, were approved
FROM THE MAYOR
No. 1
Authorization to Submit Final Statement of Objectives and Projected use of
Funds for the City of Buffalo 1993-94 CDBG Program
I am hereby submitting for your review and approval the City of
Buffalo's Final Statement of Objectives and Projected Use of Funds for the
1993-1994 Community Development Block Grant Program.
The proposed nineteenth year CDBG program anticipates revenues and
expenditures of $20,069,000. This increase in the City's federal entitlement
could be offset by reductions in the funding for State sponsored housing
programs. While we remain committed to expanding the supply of safe and
affordable housing in all our neighborhoods, activities that spur job growth
will receive increased emphasis.
During 1992, 605 residential units were rehabilitated at a cost of $7.2
million. This total nearly matched the $7.1 million spent to construct 95 new
single family homes during the year. Since 1987, close to 1000 new homes have
been built under the City's "New Affordable Home Program".
Economic development successes during 1992 included six manufacturing
firms receiving loans from the Buffalo Enterprise Development Corporation which
resulted in an investment of $4.1 million in new plant and equipment and will
generate 115 new jobs. 12 neighborhood businesses also received BEDC
assistance, bringing about a total investment of $2.4 million and the creation
of 46 jobs.
With the national economy apparently improving and greater attention to
the cities promised by the new administration, we are confident that our
balanced and proven approach can accelerate the revitalization of our local
economy and further improve cur residential neighborhoods. We are relying on
your support to continue Buffalo's enviable community development progress.
I am available to discuss any and all aspects of the plan before you. I
urge you to follow the timetable we have established and grant a timely
approval and authorization for submission of the City's Statement of Objectives
and Projected Use of Funds to HUD.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
Bainbridge Const. - Request to Erect An Awning
Which Will Encroach On The Right-Of-Way
at 2248 Main St. (Corner of Florence)
Item No. 27, C.C.P., February 2, 1993
The City Planning Board at its regular meeting held Tuesday, February
9, 1993 considered the above request pursuant to Section 413-56 of the Buffalo
Code, Review of Awnings.
The Applicant seeks to place an awning which will measure 4 feet 7 inches
in height and will extend approximately 120 feet around the building on the
Main Street and Florence Avenue sides. The awning will project 2 feet 2 inches
into the public right-of-way. The proposed awning will contain graphic devices
and lettering which will be accessory to the businesses conducted in the
building.
The proposed awning does not interfere with any public appurtenance on
either Florence Avenue or Main Street and the Department of Public Works has
recommended that your Honorable Body grant a mere license for it. Lastly,
under S.E.Q.R., the proposed awning is a Type II action which does not require
further environmental review.
The Planning Board voted to approve the proposed awning encroachment.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 3
Skyway-Thruway Loop
Results of Emergency Bid
Century Parking Inc. d/b/a Sentry Parking Inc. has defaulted under
Its lease agreement with the City of Buffalo by its failure to provide the City
with a surety bond In the amount of 50 percent of one years rental ($150,756).
On January 25, 1993 I requested three bids (see attached) and held a
public opening on January 29, 1993 at 11:00 a.m. in the office of the Board of
Parking, 1801 City Hall. The results are:
BIDDER MONTHLY RENTAL
Empark Parking Systems, Inc.
75 W. Huron Street $21,025.00
Buffalo NY 14202
Multiple Parking Services Inc.
107 Delaware Avenue - Suite 335 $20,200.00
Buffalo, NY 14202
I am in the process of re-bidding the parcel, and I shall report said
results to your Honorable Body.
RECEIVED AND FILED.
No. 4
Skyway-Thruway Loop
Report of Default
Century Parking Inc. d/b/a Sentry Parking Inc. In New York State,
has defaulted on a three year lease agreement with the City of Buffalo. (Item
No. 71, CCP October 27,1992) Sentry Parking Inc. bid $301,512 as a yearly
rental to operate the above stated parcel for public parking effective November
1, 1992.
Sentry Parking Inc. has failed to provide a surety bond in the amount of
50 percent of one year's rental ($150,756). Therefore, they were evicted as of
January 31, 1993 (their bid deposit checks of $75,378 covered the rental of
November, December and January.)
Pursuant to the City Charter Sect. 404 "Awards to Defaulters Prohibited
Report of Defaults", I am submitting this report.
Contractor: Century Parking Inc. a California corporation d/b/a Sentry
Parking Inc. in New York State with offices at 50 Exchange Street, Buffalo, NY
14202.
Principal Officers or Partners:
Raymond Liesegang
Chairman and Chief Executive Officer
Century Parking Inc./Sentry Parking Inc.
3200 Wilshire Blvd.
Los Angeles, CA 90010-1300
Jeffrey S. Okyle
Executive Vice President
Century Parking/Sentry Parking Inc.
3200 Wilshire Blvd.
Los Angeles, CA 90010-1300
Gregory Stormberg
Vice President of Operations
Century Parking Inc./Sentry Parking Inc.
3200 Wilshire Blvd.
Los Angeles, CA 90010-1300
Richard Scwertfager
City Manager
Sentry Parking Inc.
52 Exchange Street
Buffalo, NY 14203
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESERVATION BOARD
No. 5
Proposed Demolition Great Northern Elevator
(Pillsbury Mills, Inc.)
25 Ganson Street
The following Notice of Completion of a Draft Environmental Impact
Statement and Notice of SEQR hearing is being filed with your Honorable Body
pursuant to Part 617, Section 8 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO ARTS COMMISSION
No. 6
Public Hearings for Arts and
Cultural Grant-in-Aid Applicants
In a spirit of continued reform and in the wake of the current
year's across the board 75% budget reductions for Grants-in Aid, this
communication proposes a consolidation of public hearings into single
session(s) for arts and cultural applicants.
Before outlining the reasons for this recommendation it may be worthwhile
to briefly recap prior procedural reforms in the budgetary process for
grants-in-aid. As members of your Honorable Body will recall, in 1988
legislation was adopted which established jointly appointed Citizen Committees
to review applications and recommend appropriations on an annual basis. A
further legal requirement for contractual agreements was enacted. This office
serves a staff to the Committee plus administers the contracts for arts and
cultural organizations; the Dept. of Human Resources staffs a parallel
committee and administers contracts for human service and civic organizations.
The City's application review procedures and fiscal controls now in place are a
vast improvement.
The present proposal suggests that holding two sets of hearings, one for
the administration and one for the Common Council is unnecessary and
duplicative. It is also time consuming and can be viewed as burdensome,
especially in light of substantially diminished financial resources this year
and into the foreseeable future. While the City Charter mandates public
hearings in preparation of the Mayor's Budget (Art. 15-A secs 295.9-295.11) no
similar requirement for hearings exists for Common Council action on the budget
(Art. 3, Sec. 39); although it is certainly the Council's prerogative to hold
hearings.
As a practical matter, the Mayor delegates the conduct of public hearings
to the Arts and Cultural Funding Advisory Committee. The opportunity for an
informed review of applications and a meaningful exchange with applicants is
satisfactorily addressed. Further, this Committee's specific funding
recommendations are evaluated by the City's Arts Commission itself which each
year transmits these recommendations with or without comment to the
Administration and Common Council. This second tier of review by the Arts
Commission provides for oversight and has proven to be a valuable check from a
policy standpoint.
At its last regular meeting the Arts Commission voted unanimously to
request Your Honorable Body's consideration of a simplified public hearing
format whereby a single public hearing for Arts and Cultural Grants-in-Aid
applicants would be held by the City on an annual basis. This session would be
conducted by the Arts and Cultural Funding Advisory Committee chaired in 1993
by Gary L. Mucci. This arrangement has recently been reviewed with Mayor
Griffin who has no objection and expressed his support. We have also
separately requested that these hearings be held in City Hall Room # 1417 on
Friday February 26, 9:00 a.m. - 12:00 p.m. and Monday, March 1, 1:00 p.m.
-5:00 p.m., 1993. Approximately 10 minutes is allotted to each organization.
It is hoped that Council staff and Councilmembers would view this consolidated
arrangement as a convenience to them with ample opportunity for presentation by
applicants, dialogue with the Committee, members of the Administration, and
interested Councilmembers.
Obviously, it is entirely your Honorable Body's decision to approve of
this recommendation or continue to hold a second set of hearings for the same
organizations in May. Mr. Mucci and I are available to answer any questions.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 7
Appointments to the Arts and Cultural
Funding Advisory Committee
Pursuant to Article v, Sec. 6-30 of the Charter and Code of the
City of Buffalo, the Buffalo Arts Commission appoints the following members to
the Arts and Cultural Funding Advisory Committee:
1. Brigitte Barrell
165 Summer Street
Buffalo, New York 14222
2. Robert Budin
33 Penhurst Parkway
Buffalo, New York 14222
3. Thomas Jambro
Supervisor of Art
Buffalo Board of Education
807 City Hall
Buffalo, New York 14202
The Commission has also re-appointed Gary L. Mucci, a Common Council
appointee, as Chairman of the Arts and Cultural Funding Committee for 1993.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 8
Comptroller's 1993 Legislative Package
I am submitting the Comptroller's legislative Package for 1993.
Copies of this package are forwarded to the members of the Western New York
delegation to Albany and others involved in State government.
I believe the proposals contained in this package will assist the City of
Buffalo in its financial operations and responsibilities.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 9
Unspent Lighted Schoolhouse Funds
C.C.P. #181 2-2-93
Please be advised that unspent Community Development Block Grant
funds allocated to the Lighted Schoolhouse program(s) are, upon completion of a
program "closeout", returned to the Buffalo Urban renewal Agency.
It is BURA that decides how unspent funds are utilized and/or disbursed
for future use.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 10
Renew Lease Agreement Between the City of Buffalo
and Fruitbelt Homeowners and Tenants Association
326-328 High street
Item No. 33, C.C.P. 05/12/87
Pursuant to Item No. 33, C.C.P. 5/12/87, Your Honorable Body approved
the renewal of the above captioned lease. The present lease expired on April
30, 1992 with an option to renew for another term of five years.
This office has been informed that the Fruitbelt Homeowners and Tenants
Association would like to renew said lease agreement. This renewal is to
commence on May 1, 1992 and expire on April 30, 1997. The annual rental to be
charged is One Dollar ($1.00) payable in advance.
Insurance is to be provided saving the City of Buffalo harmless from any
liability set forth in the amounts determined sufficient by our Law Department.
This office approves and recommends acceptance of this lease.
Mr. Fahey moved:
That the communication from the Comptroller, dated February 4, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Fruitbelt Homeowners Association for another term of five years, to
commence on May l, 1992 and expire on April 30, 1997, at an annual rental of
$1.00 (One Dollar) payable in advance, with the lessee to save the City
harmless from any liability set forth in the amounts determined sufficient by
the Law Department.
PASSED.
AYES- 13 NOES- 0.
No. 11
Purchase Land Adjacent to 1120 Seneca
Item No. 104, C.C.P. 12/22/92
At the request of the Commissioner of Public Work's the Comptroller's
Office, Division of Real Estate has negotiated for the purchase of
approximately 4.169 acres of land adjacent to the Public Work's facility
located at 1120 Seneca Street. The property is owned by Penn Central
Corporation, One East Fourth Street, Cincinnati, Ohio 45202. Public Works has
been using this property for a number of years for the parking of equipment and
storage of material. A copy of the legal description is attached and is part
of this communication (attachment 1).
Two independent appraisals of the property were commissioned by the
Comptroller's Office to estimate fair market value of the property. The first
appraisal was conducted by Mr. Raymond Cunningham, 22 Lafayette, Williamsville,
New York 14221. He has estimated the fair market value to be Sixty-Eight
Thousand Dollars ($68,000). The second appraisal of the property was submitted
by Mr. Frank Pirritano, 745 Center Road, West Seneca, New York. He has
estimated the property to be Fifty-Four Thousand Dollars ($54,000).
The results of our negotiations for the purchase of this property are
that Penn Central Corporation, through its agent Mr. Wayne Curtis, has agreed
to sell the property for Fifty Thousand Dollars ($50,000). Penn Central has
forwarded a purchase offer contract to the City of Buffalo for that amount.
The Corporation Counsel has reviewed the purchase offer contract and approved
it "as to form". Attached is a copy of the contract for your review.
Funds for this purchase were approved by Your Honorable Body, Item #104,
C.C.P. 12/22/92 and are in Account #100-401-085-00-900.
I am recommending that Your Honorable Body authorize the Comptroller to
execute the Purchase Offer Agreement for the purchase and the payment of Five
Thousand Dollars ($5,000) as earnest money deposit. I am further recommending
that the Corporation Counsel be authorized to prepare the necessary closing
documents for the purchase of the attached described property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 12
Permission to Negotiate
698 Eagle East, N W Corner Emslie
Vacant Lot Size: 26.28' x 125' E
Assessed Valuation: $800
The Office of the Comptroller, Division of Real Estate, has received
a request from Lake Erie News, News Distributors, Mr. Stephen Quinn, 1 Watson
Street, Buffalo, New York to purchase the above captioned property.
Lake Erie News would like to purchase this property for expansion of his
wholesale newspaper distribution business at 688 Eagle East. Mr. Quinn also
owns the property at 694 Eagle East, which is under the name of Reliable Waste
Mat Co. He intends to use both 494 & 698 Eagle East for expansion of his
business.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contact 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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Permission to Negotiate
577 High, S W Corner Sherman
Vacant Lot Size: 24' x 105'
Assessed Valuation: $1,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Bernice Hall of 575 High Street, Buffalo, New York to
purchase the above captioned property.
Mrs. Hall would like to purchase this property, which is adjacent to her
residence, for expansion of her yard.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contact 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 February 2, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mrs. Bernice Hall, 575 High Street, for the private sale of 577 High Street and
report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 14
Permission to Negotiate
106 Sycamore, N 137' E Michigan
Vacant Lot Size: 25' x 85.6 E
Assessed Valuation: $1,060
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms'. Vera Martin of 108 Sycamore, Buffalo, New York to purchase
the above captioned property.
Ms. Martin would like to purchase this property, which is adjacent to her
residence. She has been cutting the grass and maintaining this lot for over 10
years. Ms. Martin intends to fence in the lot and build a garage.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contact 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 February 10, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Vera Martin, 108 Sycamore, for the private sale of 106 Sycamore and report
to this Honorable Body the results of such negotiations.
ADOPTED.
No. 15
Results of Negotiations
53 Rose, E 225.25' S Carlton
Vacant Lot: 29' x 100'
Assessed Valuation: $1,100
Item No. 26, C.C.P. 9/1/92
In the above referenced Item Your Honorable Body authorized this
Office to negotiate a private sale with Ms. Fannie Mae Johnson, 55 Rose Street,
Buffalo, New York to purchase the above property which is adjacent to her home.
She intends to fence in this area and use for extra yard space.
An independent appraisal of the property was conducted by Dennis Walker,
Able Appraisal, 43 St. Paul Street, Buffalo, New York 14209. He has estimated
the fair market value at Seven Hundred Fifty-Five Dollars ($755). The Division
of Real Estate concurs with the appraisers estimate of value after reviewing
sales of similar property in the area of the subject property.
The results of our negotiations are that Ms. Fannie Mae Johnson has
agreed and is prepared to pay Seven Hundred Fifty-Five Dollars ($755). She has
also agreed to pay for the cost of appraisal, transfer tax, recording fees and
cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
53 Rose Street to Ms. Fannie Mae Johnson in the amount of Seven Hundred and
Fifty-Five Dollars ($755). I am further recommending that the Mayor be
authorized to sign the necessary documents for the transfer of title.
Mr. Fahey moved:
That the communication from the Comptroller, dated February 11, 1993, be
received and filed; and
That the offer of Ms. Fannie Mae Johnson, 55 Rose Street, in the sum of
$755.00 (Seven Hundred and Fifty Five Dollars) to purchase the property
described as 53 Rose Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 13 NOES- 0
No. 16
Gun Amnesty Program
We are in receipt of a letter from the U.S. Department of Justice
for the Western District authorizing the utilization of federally forfeited
assets regarding the Gun Amnesty Program.
RECEIVED AND FILED.
No. 17
Certificate of Appointment
Appointment effective February 11, 1993 in the Department of Audit
and Control, Division of Data Processing Thomas M. Cavaretta, 88 Mariemont
Ave., Buffalo 14220, to the Position of Systems Support Specialist, Permanent,
at the Maximum Starting Salary of $ 38,089.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 18
Certificate of Appointment
Appointment effective February 4, 1993 in the Department of Audit
& Control, Division of Data Processing, Peter Barone, 27 Highgate Ave., Buffalo
14214, to the Position of Data Base Administrator, Provisional, at the Maximum
Starting Salary of $ 39,282.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 19
Reappoint Member Service Charge Review Board
I am hereby reappointing Mr. Irving Korn, who resides at 925 Delaware
Avenue in the City of Buffalo, to the Service Charge Review Board. Mr. Korn's
5 year term will expire on January 5, 1998.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 20
City Acquire 815 Tonawanda for Parking
Item No. 168, C.C.P. 11-24-92
As per Article 21, Section 371 of the City Charter, I am reporting
to Your Honorable Body that I have ascertained and do hereby certify that the
district that will be benefitted thereby and assessed therefor is assessment
and tax district No. 8.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 21
Bond Cancellation 795 Main Street
It is hereby certified that the bond described below be canceled:
Principal: Diocese of Buffalo
Surety: Fidelity and Deposit Co. of Maryland
Amount: $5,000.00
Dated: February 7, 1986
Structure: Ash Hoist
Location: 795 Main Street
This bond is no longer required due to the fact that the encroachment has
been removed from city right-of-way. The above captioned bond should be deemed
released and cancel led as to future liability in accordance with the
provisions of the City Ordinances.
RECEIVED AND FILED.
No. 22
Monthly Report of Licenses Issued January 1993.
I am respectfully submitting the enclosed report of licenses issued
in the month of January 1993 by the Division of License.
RECEIVED AND FILED.
No. 23
Extension of Contract
New Windows and Doors
Col. Ward City Contract No. 91681000
In accordance with the terms of the contract between the City
of Buffalo and The Hadala Corporation, City Contract No. 91681000, New Windows
and Doors - Col. Ward Station, this office has received a request for an
extension of time.
The original completion date was January 20, 1993.
Due to the unavailability of hardware for the special door panels for the
above job, an extension of time is needed. The windows, for the most part,
have been installed. The Hadala Corporation expects delivery of the doors the
beginning of February. Installation will occur immediately therefore.
Accordingly, I have granted The Hadala Corporation an extension of
contract to April 1, 1993.
RECEIVED AND FILED.
No. 24
Extension of Contract
City Contract No. 91676100 New Custom Steel Door
Col. Ward Pumping Station
In accordance with the terms of the contract between the City
of Buffalo and Nichter Associates, Inc., City Contract No. 91676100, this
office has received a request for a second extension of time.
The original completion date was November 19, 1992. An extension of
contract was granted to December 28, 1992.
During demolition, a minor dimensional problem was discovered at the
crane transom portion of the door which required Nichter Associates to alter
the transom shroud channel frame. This problem could not be foreseen during
the field measurement process several months ago. Therefore, the transom
frames have been shipped back to be corrected. The frames are not expected
until the first week in February. At this point, the rest of the door is in
place and working with only minor adjustments needed.
Accordingly, I have granted Nichter Associates, Inc. a third extension of
contract to March 1, 1993.
RECEIVED AND FILED.
No. 25
Extension of Contract Engineering Services - Filter Media Rehabilitation
City Contract No. 91518200
In accordance with the terms of the contract between the City
of Buffalo and Malcolm Pirnie, Inc., City Contract No. 91518200, the work
called for in this contract was scheduled to be completed by July 31, 1992.
The design contract documents were submitted to the City on June 17 and
August 10, 1992. Since then, additional design work is needed as well as
purchase specification solicitation and shop drawing review.
Accordingly, I have granted Malcolm Pirnie, Inc. a fourth extension of
contract to June 30, 1993.
RECEIVED AND FILED.
No. 26
Solicitation of Funds
Excalibur Leisure Skills Ctr., Inc.
Attached is an application for Solicitation of Funds for Excalibur
Leisure Skills Center, Inc. to solicit funds in the Convention Center for the
1993 Great Lakes Fishing & Outdoor Exposition to be held February 17 to
February 21, 1993. In accordance with Chapter 316, Article VI of the City of
Buffalo Ordinances, I hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE AND EXCALIBUR SKILLS CENTER.
No. 27
Report of Bids
Status Monitoring and Control System Contract No. 3
As authorized by your Honorable Body in Item No. 173 of October
19, 1982 plans and specifications were prepared and sealed proposals accepted
for Status Monitoring and Control System, Contract No. 3.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Tuesday, January 19, 1993:
Ferguson Electric Construction Company, Inc.
333 Ellicott Street
Buffalo, New York $ 187,700.00
Fischbach & Moore, Inc./T.H. Green
Electric Company, Inc.
101 South Avenue
West Seneca, New York 14224 $ 227,960.00
Frey Electric Construction Company, Inc.
1300 Military Road
Buffalo, New York 14217 $ 228,163.00
Weydman Electric, Inc.
747 Young Street
Tonawanda, New York 14150 $ 246,900.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Ferguson Electric Construction Company, Inc. is the
lowest responsible bidder for Status Monitoring and Control System, Contract
No. 3, with their bid of $187,700.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Ferguson Electric
Construction Company, Inc. for the above work in the amount of $187,700.00 and
same be charged to the Division of Water's 416 Capital Project Fund, 029
Account.
The Engineer's estimate for this work was $273,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 8, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Status Monitoring and Control System, Contract No. 3 to
Ferguson Electric Construction Company, Inc., 333 Ellicott Street, the lowest
responsible bidder in the amount of $187,700.00, with said cost to be charged
against the Division of Water's 416 Capital Project Fund 029 Account.
PASSED.
AYES- 13 NOES- 0.
No. 28
Report of Bids
Valve Replacement in Broadway Avenue
As authorized by your Honorable Body in Item No. 34 of October
1, 1991 plans and specifications were prepared and sealed proposals accepted
for Valve Replacement in Broadway from Fillmore Avenue to Bailey Avenue.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, February 3, 1993:
Mar-Wal Construction
440 Gould Avenue
Depew, New York $ 183,650.00
Nichter Utility
334 Vulcan Street
Buffalo, New York $ 212,500.00
Kandey Company
19 Ransier Drive
West Seneca, New York $ 273,445.00
Klarberg, Inc.
6465 Transit Road, PO Box 187
East Amherst, New York $ 349,300.93
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Mar-Wal Construction is the lowest responsible
bidder for Valve Replacement in Broadway from Fillmore Avenue to Bailey Avenue
with their bid of $183,650.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Mar-Wal Construction
for the above work in the amount of $183,650.00 and same be charged to the
Division of Water's 416 Capital Project Fund, 020 Account.
The Engineer's estimate for this work was $250,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Valve Replacement in Broadway from Fillmore Avenue to
Bailey Avenue to Mar-Wal Construction, 440 Gould Avenue, Depew, New York, the
lowest responsible bidder in the amount of $183,650.00, with said cost to be
charged against the Division of Water's 416 Capital Project Fund 020 Account.
PASSED.
AYES- 13 NOES- 0.
No. 29
Report of Bids New Windows and Doors
Carnevale Center 118 East Utica Street
I advertised for on January 26, 1993 and received the following
sealed proposals which were publicly opened and read on February 9, 1993.
Marcon Erectors, Inc. 84,758
Cortland Glass Co. 110,500
Flower City Glass Co., Inc. 124,600
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Marcon. Erectors, Inc. in the amount of $84,758.00
is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-085 - Division of Buildings.
Estimate for this work was $80,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for New Windows and Doors, Carnevale Center to Marcon
Erectors, the lowest responsible bidder in the amount of $84,758.00, with said
cost to be charged against the Division of Buildings B/F 200-402-085.
PASSED.
AYES- 13 NOES- 0.
No. 30
Report of Bids
Reconstruction of Pools Various Locations
I advertised for on January 26, 1993 and received the following
sealed proposals which were publicly opened and read on February 9, 1993.
General Construction Work
Nichter Construction Co. $161,700
Patterson - Stevens, Inc. 163,000
Allstate Maintenance 170,000
Gerald T. Stay Co. 173,000
Plumbing Work
NuMarco, Inc. 32,300
Colgate Heating Co. 42,661
Ackerman & Huebsch, Inc. 55,775
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following are the lowest
responsible bidders in accordance with the plans and specifications:
General Construction Work - Nichter Construction Co. in the amount of
$161,700.
Plumbing Work - NuMarco Inc. in the amount of $32,300.00.
I recommend that your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid.
Funds for this work are in B/F 200-402-063 - Division of Buildings.
Total estimate for this work was $200,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Reconstruction of Pools, Various Locations - General
Construction Work to Nichter Construction Co. in the amount of $161,700.00,
Plumbing Work to NuMarco, Inc., in the amount of $32,300.00, the lowest
responsible bidders, with said cost to be charged against the Division of
Buildings B/F 200-402-063.
PASSED.
AYES- 13 NOES- 0.
No. 31
Electrical Reconstruction
Fire Department Headquarters Bldg.
195 Court Street
I herewith submit to Your Honorable Body the following change
in contract for the Electrical Reconstruction of Fire Department Headquarters
Building, 195 Court Street, Industrial Power & Lighting Corp., C-91650600:
1. Additional electrical work necessary for a new electric welder purchased
by the Fire Department. Add $1,460
The present electrical work is inadequate for the use of this equipment.
The foregoing change results in a net increase in the contract of One
Thousand Four Hundred Sixty and 00/100 Dollars ($1,460.00).
Summary Original Amount of Contract $126,395.00
Change Order No. 1 CCP 27 11-10-92 1,250.00
Amount of this change (No. 2) Add 1,460.00
Revised Amount of Contract $129,105.00
This change could not be foreseen at the time contract was let. Cost have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-065 - 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
February 10, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 2, to Industrial Power & Lighting Corp., changes
resulting in a net increase in the amount of $1,460.00, as more fully described
in the above communication, for additional work relating to Electrical
Reconstruction of Fire Department Headquarters Building, 195 Court Street,
Contract No. 91650600. Funds to be charged against the Division of Buildings
B/F 200-402-065.
PASSED.
AYES- 13 NOES- 0.
No. 32
Change in Contract
Kleinhans Music Hall
Plumbing Reconstruction
I hereby submit to Your Honorable Body the following change in
contract for the Plumbing Reconstruction, Kleinhans Music Hall, Symphony
Circle, Buffalo, New York, A. Gareleck & Sons, Inc. C-91686200:
1. Remove and replace condensate tank for
installation of sanitary basin. Add $309.00
2. Remove sludge from bottom of storm pit.
Add 229.00
3. Delete 28 water closet flush valve repair
kits and add replacement of 10 water closet
flush valves. N/C
4. Delete replacement of storm drain line, add
rework of existing N/C
5. Delete underfloor sanitary at elevator.
Deduct 775.00
6. Delete relocation and replacement of six
lavatories and trim. Deduct 1,200.00
The foregoing change results in a net decrease in the contract of One
Thousand Four Hundred Thirty Seven and 00/100 Dollars ($1,437.00).
Summary: Original Amount of Contract $53,883.00
Amount of This Change (No. 1) Deduct 1,437.00
Revised Amount of Contract $52,446.00
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 to be returned to B/F 200-402-068 - 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
February 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 1, to A. Gareleck & Sons, Inc., changes resulting in a
net decrease in the amount of $1,437.00, as more fully described in the above
communication, for additional work relating to Plumbing Reconstruction of
Kleinhans Music Hall, Symphony Circle, Contract No. 91686200. Funds to be
returned to the Division of Buildings B/F 200-402-068.
PASSED.
AYES- 13 NOES- 0.
No. 33
Change in Contract
Kleinhans Music Hall
Electrical Reconstruction
I hereby submit to Your Honorable Body the following change in
contract for the Electrical Reconstruction, Kleinhans Music Hall, Symphony
Circle, Buffalo, New York, Cannon Electric, Inc., C-91691000:
1. Delete rewinding of two (2) 7 1/2 H.P. motors
and one (1) 30 H.P. motor. Deduct $2,600.00
2. Change transfer switch from 1,000 A to
400 A capacity. Deduct 1,200.00
3. Delete two (2) combination starters.
Deduct 480.00
4. Provide power circuiting and conduit to
sump pumps in plenum exhausts. Add 987.00
The foregoing change results in a net decrease in the contract of Three
Thousand Two Hundred Ninety Three and 00/100 Dollars ($3,293.00).
Summary: Original Amount of Contract $49,700.00
Amount of This Change (No. 1) Deduct 3,293.00
Revised Amount of Contract $46,407.00
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 to be returned to B/F 200-402-068 - 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
February 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 1, to Cannon Electric, Inc., changes resulting in a net
decrease in the amount of $3,293.00, as more fully described in the above
communication, for work relating to Electrical Reconstruction of Kleinhans
Music Hall, Symphony Circle, Contract No. 91691000. Funds to be returned to
the Division of Buildings B/F 200-402-068.
PASSED.
AYES- 13 NOES- 0.
No. 34
Reduction in Retention - Jefferson Avenue Phase Il, Group # 324 - Contract #
91636100
Item No. 117, C.C.P. 7/9/91
I hereby submit to your Honorable Body the following request for
a reduction in retention for the subject project.
This project is virtually complete with the exception of punch list
items. Much of this work is seasonal in nature and can not be performed until
the Spring.
Therefore, I am requesting your Honorable Body's authorization to reduce
the retention on this contract to $25,000. It is the opinion of our Consulting
Engineer and this Department that the retention proposed is sufficient to
guarantee completion of this contract in the Spring of 1993.
It is respectfully requested, and I recommend that your Honorable Body
authorize a reduction in retention from $113,109.94 to $25,000 to Destro and
Brothers Concrete Company, Inc.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 5, 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 Jefferson Avenue Phase II,
Group #324 to Destro Brothers Concrete Company Contract # 91636100 from
$113,109.94 to $25,000.00.
PASSED.
AYES- 13 NOES- 0.
No. 35
Permission to Engage Consultant
Energy Saving Implementation
Various City Facilities
I respectfully request Your Honorable Body's permission to engage
an energy conservation company to implement electric conservation projects in
various city-owned buildings in conjunction with Niagara Mohawk's Power
Partners Program. The energy conservation company will conduct a detailed
engineering analysis to specifically identify and to quantify savings and
installation costs related to a proposed energy conservation plan for each
building.
Upon acceptance of the analysis- an Energy Services Agreement for the
design, installation, monitoring and maintenance of the energy conservation
measures will be submitted for your authorization.
Funds for the analysis are in Division of Buildings - 100-402-021-00-573
account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Permission to enter into an Agreement for the Reconstruction of the Southside
Parkway Bridge Over Cazenovia Creek - PIN 5753.88 BIN 2-26072-0
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 Southside Parkway 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
February 3, 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
Southside Parkway Bridge over Cazenovia Creek. Funds for the City share of this
project will be available in Division of Engineering Accounts when bonds are
sold.
PASSED.
AYES- 13 NOES- 0.
No. 37
Abatement - Water Charges
Musso Plumbing
It is respectfully requested that your Honorable Body grant permission
to abate the bill in the amount of $391.92 for charges made to Musso Plumbing &
Heating, Invoice No. AR000882 dated December 15, 1991.
This request to abate is based on the fact that the Division of Water, in
error, billed Musso Plumbing for a tapping sleeve and screw tap at 566 Humboldt
Parkway. Upon further investigation it has been determined that the problem
was with the watermain and not the customer's tap.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
February 10, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
grant permission to abate the bill in the amount of $391.92 for charges made to
Musso Plumbing & Heating, Invoice No. AR000882 dated December 15, 1992, for
work at 566 Humboldt Parkway which was billed in error.
PASSED.
AYES- 13 NOES- 0.
No. 38
Recycling Citizens Review Board
Item No. 153, C.C.P. 01/19/93
In response to the above referenced resolution requesting comments,
please be advised that I see no reason for the creation of this Review Board.
Advance notice of the change in the recycling pick-up schedule was issued to
the media nearly one month in advance of the change. I suggest that you
express your concerns to the media directly for their failure in providing this
information to the public in a positive and timely manner. In addition, a
revised schedule was mailed out in the February water bill.
Inherent with any policy change there will always be criticism and
confusion. This does not necessarily mean that the change was wrong. Since the
change in schedule the amount of recyclables picked up has increased 43%
comparing the same time period with the prior year's time period.
The lobby display was removed because of fire code regulations. I have
instructed the Public Works Department to prepare a graphic display to replace
the former.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 39
Certificate of Appointment
Appointment effective February 1, 1993 in the Department of Public
Works, Division of Water, Susan A. Hughes, 30 Whitfield Avenue, Buffalo, 14220,
to the Position of Data Control Clerk, Provisional, at the Intermediate
Starting Salary of $ 22,351.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 40
Certificate of Appointment
Appointment effective February 8, 1993 in the Department of Public
Works, Division of Water, Nicholas Macri, 5 Dallas Road Buffalo, New York
14220, to the Position of Caulker, Permanent.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 41
Certificate of Appointment
Appointment effective February 1, 1993 in the Department of Public
Works, Division of Buildings, Christine V. Serafin, 149 Fenton Street, Buffalo
14206, to the Position of Associate Account Clerk, Provisional, at the
Intermediate Starting Salary of $23,308.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 42
Tree Trimming Ericson Area
Item # 91, C.C.P. 1/19/93
Ericson Avenue between E. Delavan and Lang Avenue and Wecker Avenue
between Bailey Avenue and Texas Street will have their trees trimmed commencing
the week of February l, 1993 weather permitted. The work will be done by our
own Forestry Department.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 43
Information Regarding Fully Executed Addendum
To C.O.M.B.A.T. Grant
Item # 33, C.C.P. 02/02/93
This is in response to an inquiry from the Council Staff dated
February 3, 1993 with regard to the fully executed addendum to our C.O.M.B.A.T.
Grant Program.
Please be advised that this addendum was necessary due to the following:
(1) We submitted our Department's 1992-1993 application on 09/24/91. At that
time, it was our intention to transfer the day-to-day operation of this grant
program from the Street Crime Unit to the Narcotics Unit and this was reflected
in our renewal application. On March 11, 1992, when we sent our signed copies
of this grant award (by the Mayor), we asked the State to correct Page 2 of
Appendix E because of a typographical error on the part of the State (See
Attachment #1).
In addition, we requested that we change the City's cash match portion
from two (2) Community Services Officers at 100% each to four (4) Community
Services Officers at 50% each per a previous conversation that we had with the
State (See Attachment #1, Page 2).
Our office received correspondence from the Council on 01/22/92 for a
response from our Department with regard to our request for permission for the
Mayor to enter into this contract. We filed our response on 01/29/92 and it
appeared in the Council's proceedings on February 4, 1992 (See Attachment #2).
Captain Hempling of our Planning/Analysis Unit also appeared before the
Finance Committee on February 11, 1992, with regard to this grant program.
(2) Another change regarding this contract was the fact that on March 31,
1992, then Commissioner, Ralph V. Degenhart, decided to keep the day-to-day
operation of this program within the Street Crime Unit rather than switching it
to Narcotics. This was due to the fact that the program dealt with street
corner drug activity rather than deep undercover operations, and also, because
of the success rate of the law enforcement portion of the grant, initiated by
the Street Crime Unit, during the grant's first year. We notified the State
and received their permission to do so. Because our contract had already been
submitted, we had to file an updated narrative reflecting this change (See
Attachment #3).
The State gave us permission to revise our goals and objectives,
therefore, since it was an addition to our present contract, the attached
amendment (See Attachment #4) was required.
Since it is our practice to file our fully executed contracts with
Budget, Audit and the Council, we followed the same procedure with regard to
this fully executed amendment, thus our reason for filing with the Council.
I trust that this will satisfy your inquiry, and if you require
additional information, please do not hesitate to contact Captain Edward
Hempling at extension 4475.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 44
Residency Requirements For Preferred List Appointees
(Item No. 36, C.C.P., 12/8/92)
Consistent with past practice and our prior opinions in this regard,
appointees from a preferred list must meet the residency requirements
applicable to the position to which they are being appointed.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 45
Request Civil Service Commission to Delay Action
on Proposed Reclassification
Item No. 175, C.C.P., 2/2/93
The referenced resolution asks the Buffalo Municipal Civil Service
Commission to delay action on a proposal to reclassify certain tradesmen
positions into the non-competitive class. The Commission's review of the
reclassification proposal was undertaken at the request of the New York State
Civil Service Commission. Such matters are generally within the jurisdiction
and administrative discretion of local civil service commissions.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 46
Lasalle Concession
Item No. 29, C.C.P., 2/2/93
In the referenced communication was referred to the Department
of law for comment. The Commissioner of Parks asks for your permission to
reduce the amount owed for concession rights to Lasalle Park by $4,444 or one
half of the original annual contract amount $8,888. If you and the Commissioner
of Parks determine that the concessionaire's ability to use the concession
stand was substantially interfered with because of physical conditions at the
concession stand which the City was responsible for correcting and did not
correct in a reasonably timely fashion, then there is legal justification for
reducing the amount owed by the concessionaire to the extent the concessionaire
was damaged as a result of the City actions or failure to act in this regard.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Lease Agreement - Delavan Ave. Armory
Item No. 21 , C.C.P. 2/2/93
We have reviewed the draft of the referenced lease and find it
generally acceptable but reserve the right to review the lease in its final
form and to review the details of its execution.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Reversionary Interest of City of Buffalo
It has been suggested that there are other properties which should
be considered in an exchange for the City's interest in the Perrysburg campus.
First is the state-owned office building at 77 West Eagle Street in Buffalo.
It is my understanding that the Office of Court Administration has plans to
discontinue use of this building in the future. Second, the City of Buffalo
has a reversionary interest in City waterfront property held by the Niagara
Frontier Transportation Authority. This property is presently vacant and not
being used for transportation purposes.
I would appreciate anything you can do to move this issue along. We are
preparing our 1993-94 budget and need to make financial plans for the campus.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Install Phones in Right-of-Way
Item No. 47, C.C.P. 1/19/93
You have requested an opinion as to whether the franchise agreement
between the City of Buffalo and New York Telephone can be amended.
Our opinion is that such franchise agreements, indeed, may be amended by
the City of Buffalo in accordance with the procedures set forth in Section 34
of the City Charter.
Specifically, with regard to New York Telephone, there are presumably two
"franchise" agreements which enable New York Telephone to operate within the
City.
The first was adopted in the year 1887 which grants permission to the
Bell Telephone Company of Buffalo to lay and maintain underground conduits,
cables, wires and construct the necessary manholes and make house connections
in and through all the public streets and alleys in the City of Buffalo (C.C.P.
1887, Page 428).
The second was adopted in the year 1901 which grants permission to the
Frontier Telephone Company to construct, install, operate and maintain a system
or line of telephones, and to construct conduits, subways, manholes, etc.,
throughout the City, except on certain streets and public places identified
therein (C.C.P. 1901, Page 1941).
Upon information and belief, New York Telephone is a successor in
interest to both of the above mentioned telephone companies.
The former agreement, with Bell Telephone, is described within its
provisions as being an ordinance. As such, it may be amended as any other City
ordinance.
The latter agreement with Frontier Telephone is self-described as a
franchise, which, at the fourteenth paragraph thereof, was "granted subject to
such regulations as the Common Council or the Board of Public Works may
hereafter and from time to time prescribe."
In either case, Section 34 of the City Charter governs and proscribes the
procedure by which amendments to ordinances or franchises are to be made.
It is also well decided in the courts that the franchising authority of a
public utility lies with the municipality or local government.
"The franchises are no more than commitments by various local governments
to [utilities] to use public property in exchange for supplying a public
service and the [local government] may revoke or modify them to impose new
service obligations on the franchisee to promote the public good.", Rochester
Gas & Electric Corporation v. Public Service Commission of the State of New
York, 71 N.Y.2d.313,525 N.Y.S.2d. 809 (Ct. App. 1988).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Amend Sections 511-12 and 511-122 Zoning Ordinance
Item Nos. 145 and 146, C.C.P., 1/19/93
The above items were referred to the Zoning Board of Appeals and
to this office.
The items request preparation of amendments repealing Sections 511-12 and
511-122 of the Zoning Ordinance.
We have discussed or concerns on the amendments as proposed with the
Legislation Committee and stand ready to assist Your Honorable Body in
preparing amendments that comport with constitutional and other requirements.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
Substitute Teacher's Handbook
Item No. 70, C.C.P., 1/19/93
The Common Council has asked whether a criminal conviction precludes
employment as a substitute teacher.
Such a conviction does not preclude employment unless the conviction is
for misconduct incompatible with the standards of the teaching profession, for
example, distribution of child pornography.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 52
Local Law to Seize Automobiles of Prostitution Patrons
Item No. 178, C.C.P., 2/2/93
This resolution refers to laws allowing for car confiscation in
Hartford, Connecticut and Seattle, Washington. According to the Corporation
Counsel's office in Hartford, the City of Hartford has no such law. Our
research indicates that Portland, Oregon and Minneapolis, Minnesota have such
legislation; however, the state legislatures of Oregon and Minnesota have
passed laws allowing these cities to seize the vehicles.
In 1992 a bill was introduced in the New York State Assembly, # 9994
which would permit such seizures in this state, but this measure was not
passed. The same bill was reintroduced this year as Assembly # 1751 and is
currently in the Codes Committee. No Senate counterpart has been introduced.
A recent New York City case, Property Clerk, New York City Police
Department v. Small, concerned the seizure of a vehicle under a New York City
Administrative Code general forfeiture provision, section 14-140(b). This
section provides that the New York Property Clerk may take possession of "all
property suspected of having been used as a means of committing crime or
employed in aid or furtherance of crime..." In March, 1992 the Bronx County
Supreme Court upheld the seizure of a 1980 Chevrolet in connection with the
crime of patronizing a prostitute. The court held that the value of the
vehicle, $550-$750, was "substantially in line" with the punishment for the
underlying crime (maximum of three month jail sentence and $500 fine). The
implication in the decision was that the seizure of a substantially more
valuable vehicle would not have been upheld under a "cruel and unusual
punishment" rationale.
We are continuing to research this matter and will report further when we
have more information.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 53
Enforcement Of Noise Ordinance
Item # 130, CCP, 12/22/92
For your information, attached please find a copy of correspondence
forwarded to Police Commissioner Donovan regarding enforcement of the Noise
Ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 54
Downtown Renewal Phase II South East Corner of Court & Franklin Streets
Approval of LDA-Court Tower Group, Inc.
The City of Buffalo Urban Renewal Agency duly designated Court
Tower Group, Inc. and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 55
Info - Bids Asbestos Air Monitoring Services
1168-1170 Broadway
Item No. 44, C.C.P. 2/2/93
Item No. 44 of C.C.P. 2/2/93 approved bids taken by the Department
of Community Development for air monitoring services related to asbestos
abatement at 1168-1170 Broadway, Buffalo, New York. The approving motion
requested a written report be filed with an explanation as to why air
monitoring is required.
All asbestos abatement projects in the State of New York must be carried
out in accordance with N.Y. State Department of Labor industrial Code Rule No.
56-12 NYCRR.
Subpart 56-17 of the industrial code rule specifies the required asbestos
air sampling and analysis for all projects. Exact procedures and number of
samples vary with size of each project but normally are performed in (3) phases
as follows:
1.) Pre-abatement samples (area preparation)
2.) Abatement samples (work in progress)
3.) Post-abatement samples (clearance air monitoring)
Section 56-17.4 (a)(2)specifies that a party other than the abatement
contractor perform the required air monitoring functions subject to
qualifications and standards described therein.
Therefore in accordance with industrial Code Rule # 56, our department
received separate bids for abatement and air monitoring services which were
approved by Your Honorable Body as follows:
1.) Asbestos Abatement Contractor:
U.A.S. Remediation Services
6583 Merchant Place
Gainesville, Virginia
(Item No. 46, C.C.P. 11/10/92)
2.) Air Monitoring Services
T E S Environmental
1080 University Avenue
Rochester, New York
(Item No. 44, C.C.P. 2/2/93)
RECEIVED AND FILED.
No. 56
Bids - McCarthy Park Improvements
I have asked for and received the following proposals for McCarthy
Park Improvements on February 10, 1993:
Contractor Base Bid Add Alternate 1 Total
American Paving 26,200 2875 29,075
G B H Paving 26,437 2750 29,187
Gleason's Nursery 26,480 2133.25 28,613.25
Tomani Eastern 28,875 2600 31,475
Cemulini-Pecoraro 29,770 3960 33,730
L.C.P. 37,200 3200 40,400
Greenauer 37,545 3600 41,145
I hereby certify that the foregoing is a true and correct statement of
the bids received. We are accepting Add Alternate 1 in addition to the Base
Bid and therefore Gleason's Nursery, 4780 Sheridan Drive, Williamsville, New
York 14221 is the lowest responsible bidder in accordance with the plans and
specifications in the amount of $28,613.25. (Base Bid--$26,480 plus Add
Alternate 1 of $2133.25).
I recommend that Your Honorable Body authorize the City to order the work
on the basis of the low bid. Funds are available in Bond Fund 200-717-023.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated February 10, 1993, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to award a contract for McCarthy Park Improvements for Add Alternate
1 in addition to the Base Bid to Gleason's Nursery, 4780 Sherdian,
Williamsville, New York, the lowest responsible bidder in the amount of
$28,613.25, with said cost to be charged against the Bond Fund 200-717-023.
PASSED.
AYES- 13 NOES- 0.
No. 57
32-38 Court Street BURA Settlement Agreement
As you will recall, on February 27, 1992, BURA, Buffalo Hotel
Development Venture (Clement Chen, III) and Court Pearl Associates (Clement
Chen, III) entered into a Settlement Agreement which, among other things,
resolved the condemnation lawsuit for the above captioned property. Said
property was acquired by eminent domain in order to encourage commercial
redevelopment at the Court-Pearl site. Further, the Agreement enabled
expeditious redevelopment of the Waterfront Redevelopment Parcel 7, which is
the WNED-CH 17 site.
Paragraph 9 of said agreement provides as follows:
"In the event Court and Pearl shall repurchase 32-38 Court Street, the
Commissioner of Community Development will file with the Common Council a
statement that due to the lack of demand for new downtown office space, there
will be no necessity for BURA to acquire said property to induce commercial
redevelopment for at least the next five years."
Kindly allow this communication to serve as such statement in fulfillment
of my obligation pursuant to the Settlement Agreement.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 58
Selection of Crossroads
Planning Consultant for SEQR
Review and Urban Renewal Plan Amendment
The Selection Committee consisting of:
Charles Rosenow, Buffalo Economic Development Corp.
Samuel F. Iraci, Jr., Commissioner of Community Development
David Comerford, Commissioner of Public Works
David DiSalvo, Project Coordinator, Division of Planning
Gregory Bernas, Assistant Environmental Program
Coordinator, Division of Planning
Doug Francis, Construction Manager, Cannon Design
Jay Lynch, Council Staff (representing Councilmembers Pitts
and Fahey)
The Committee reviewed 6 proposals submitted in response to the Request
for Proposals (RFP) issued on January 13, 1993 for the subject project.
All proposals were reviewed on the basis of the following criteria:
1. Demonstrated knowledge of scope of services.
2. Relevant experience and background of project team
members.
3. Ability to complete tasks on schedule.
4. Fees.
Based on the Committee's review, 3 firms were not shortlisted for a
follow-up interview because of deficiencies in 1 or more of the selection
criteria.
Firm Fees
1. Wehran/Foit Albert $208,000
2. AFI $255,000 - $489,000
3. Acres $110,000 - This firm did
not address the Urban Renewal
Plan Task or the traffic analysis
study.
Note: Firms were asked to submit fees for all tasks that may have to be
completed as per the SEQR requirements. The Committee then excluded the fees
for those components or tasks deemed unnecessary for the completion of this
project.
3 firms met or exceeded the minimum requirements of the above criteria
and were selected for follow-up interviews. After the completion of
interviews, the Committee selected the firm of Ecology and Environment as the
most qualified firm with competitive fees to undertake this project. The firms
finished in the following rank order:
Firm Fees
1. Ecology and Environment, Inc. $171,000
2. The Saratoga Associates $164,600
3. ECCO, Inc. $231,500
Ecology and Environment, Inc. was selected for the following reasons:
The firm has the most experience in the preparation of Environmental
Impact Statements as per SEQR requirements;
It appears that the firm has the most experience in the review of
projects similar in scope and magnitude;
The firm has the most knowledge of the project area;
All managerial and technical staff is located in-house in the immediate
Buffalo area.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated February 11, 1993, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized, subject to the availability of funds to retain Ecology and
Environment, Inc. at a fee of $171,000 consistent with its response to the
Request for Proposals for preparation of a Crossroads Arena Environmental
Impact Statement and amended urban renewal plan as recommended by the joint
City/ Sabre Committee.
PASSED.
AYES- 13 NOES- 0.
No. 59
Kingsley New Housing Project Community Wide Urban Renewal Homestead Program
James Management Co., Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated James
Management Co., Inc., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 60
Appointment Director Of Community Revitalization
Please be advised that Mr. Jay B. Duderwick has been appointed
Director of the Division of Community Revitalization, effective 2/8/93, with
exempt, Civil Service status. Mr. Duderwick resides at 335 Weimar Street,
Buffalo, New York 14206.
In accord with provisions contained in Section 147 of the Charter of the
City of Buffalo, the undersigned hereby certifies that Mr. Duderwick is fully
qualified to perform the duties of the office of Director. Be has been employed
since September 1979 as Deputy Director of Community Revitalization wherein he
has been responsible for the planning, development, marketing, and delivery of
neighbor revitalization programs which are administered by the Department of
Inspections and Community Revitalization. In this regard, he has had extensive
experience in the conduct of housing rehabilitation and neighborhood
development activities.
RECEIVED AND FILED.
No. 61
Report of Emergency Bids for Various Properties
in the City of Buffalo
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (l) the structural
condition of the building and hazardous condition which exists at the various
locations, 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 February 9, 1993 and that the contracts will be
awarded to the lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
100 Alma Integrated Waste Special
Beatrice Rouse Services
100 Alma $6,065.00
Buffalo, New York
276 Glenwood and Garage Lebis Contracting
William and Frieda Harris $7,830.00
276 Glenwood
Buffalo, New York
21 Madison Integrated Waste Special
Addie Heller $5,680.00
21 Madison
Buffalo, New York
263 Northampton F&R Lebis Contracting
Verma Jackson $8,150.00
123 Edna Place
Buffalo, New York
603 Sycamore Cedar Wrecking
Melvin and Estella Lawrence $5,100.00
607 Sycamore
Buffalo, New York
121 Tenth aka 259 Maryland Integrated Waste Special
Graciliano Matus Services
259 Maryland $6,830.00
Buffalo, New York
265 Genesee Maplewood Construction
Georgia Carter $11,860.00
15 Birchwood Common
Lancaster, New York
89 - 15th St. Front & Rear Maplewood Construction
Eunice Mary Ellement $7,800.00
89 - 15th St.
Buffalo, New York
855 Fillmore and Garage Maplewood Construction
Cassimera Kwiatkowski $6,900.00
855 Fillmore
Buffalo, New York
324 Guilford Maplewood Construction
Flora Walters $4,890.00
C/O Erma Finch
87A Jasper Parish
Buffalo, New York
143 Krettner Rear Ridge Maintenance
Atha Anthony $5,850.00
101 Herman
Buffalo, New York
126 Monroe Integrated Waste Special
Dorothy Ashley Services
193 Hughes $5,500.00
Buffalo, New York
144 Montgomery and Garage Lebis Contracting
Domingo Santiago $3,250.00
P.O. Box 1437
Buffalo, New York
12 Myers Integrated Waste Special
Bernice McDuffie Services
c/o Loye McDuffie $4,400.00
210 Delaware Avenue
Buffalo, New York
64 Pink Street Integrated Waste Special
Eloise Wright Services
119 Detroit Street $4,100.00
Buffalo, New York
58 Rich Street Mainline Contracting
Valerie Ruff $8,300.00
9 Norway Park
Buffalo, New York
100 Rose Integrated Waste Special
Deonna and Farlie Jones Services
100 Rose Buffalo, NY $4,400.00
Please Note: Integrated Won coin toss for the building located at 100 Rose:
Integrated and Maplewood - $4,400 bid price
203 Shumway Lebis Contracting
Archie Mays $5,865.00
58 Goulding
Buffalo, New York
175 Tenth Integrated Waste Special
Zale and Barbara Bernstein Services
175 Tenth $5,200.00
Buffalo, New York
626 West Utica Mainline Contracting
William Barclay $6,400.00
198 Claremont
Buffalo, NY
216 Walden Integrated Waste Special
Mary Williams Services
C/O Ruby Williams $5,000.00
256 Locust
Buffalo, NY
202 William Maplewood Construction
Mildred Hearon $4,800.00
38 Drexel Rd.
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the
water and sewer termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 11, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Integrated Waste Special
Services at a cost of $6,065.00, relating to 100 Alma, to Lebis Contracting at
a cost of $7,830.00, relating to 276 Glenwood and Garage, to Integrated Waste
Special Services at a cost of $5,680.00, relating to 21 Madison, to Lebis
Contracting at a cost of $8,150.00, relating to 263 Northampton F&R, to Cedar
Wrecking at a cost of $5,100.00 relating to 603 Sycamore, to Integrated Waste
Special Services at a cost of $6,830.00, relating to 121 Tenth a/k/a 259
Maryland, to Maplewood Construction at a cost of $11,860.00, relating to 265
Genesee, to Maplewood Construction at a cost of $7,800.00, relating to 89 -
15th Street Front and Rear, to Maplewood Construction at a cost of $6,900.00,
relating to 855 Fillmore and Garage, to Maplewood Construction at a cost of
$4,890.00, relating to 324 Guilford, to Ridge Maintenance at a cost of
$5,850.00, relating to 143 Krettner Rear, to Integrated Waste Special Services
at a cost of $5,500.00, relating to 126 Monroe, to Lebis Contracting at a cost
of $3,250.00, relating to 144 Montgomery and Garage, to Integrated Waste
Special Services at a cost of $4,400.00, relating to 12 Myers, to Integrated
Waste Special Services at a cost of $4,100.00, relating to 64 Pink Street, to
Mainline Contracting at a cost of $8,300.00, relating to 58 Rich Street, to
Integrated Waste Special Services at a cost of $4,400.00, relating to 100 Rose,
to Lebis Contracting at a cost of $5,865.00, relating to 203 Shumway, to
Integrated Waste Special Services at a cost of $5,200.00, relating to 175
Tenth, to Mainline Contracting at a cost of $6,400.00, relating to 626 West
Utica, to Integrated Waste Special Services at a cost of $5,000.00, relating to
216 Walden, to Maplewood Construction at a cost of $4,800.00, relating to 202
William, are hereby confirmed, ratified and approved, with said cost of the
project to 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.
PASSED.
AYES- 13 NOES- 0.
No. 62
Report of Emergency Bid for the
Demolition of 753 Broadway
Due to the very serious and hazardous condition of the fire-damaged
building located at 753 Broadway, 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
February 3, 1993 and that the contract will be awarded to the following
responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
753 Broadway Young's Auto & Housewrecking
Stransky's Hardware $4,300.00
Co. ,Inc.
Please be further advised that the sewer and water services will be
retained for the remaining two story brick building.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund # 500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 3, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Young's Auto &
Housewrecking at a cost of $4,300.00, relating to 753 Broadway, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113, of
the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 63
Report of Emergency Bid for Various City-Owned Properties Within the City of
Buffalo
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (l) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at the various locations, 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
8, 1993. The contracts will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/ AMOUNT OF BID
1238 East Ferry Street Integrated Waste Special Services
City of Buffalo $22,300.00
544 Broadway Maplewood Construction
City of Buffalo $3,300.00
413 East Delavan Ave. Integrated Waste Special Services
City of Buffalo $22,000.00
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 report to your Honorable Body that the cost
of the project is to be charged to the pending bond fund.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 27, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Integrated Waste Special
Services at a cost of $22,300.00, relating to 1238 East Ferry Street, to
Maplewood Construction at a cost of $3,300, relating to 544 Broadway, to
Integrated Waste Special Services at a cost of $22,000.00 relating to 413 East
Delavan Avenue, are hereby confirmed, ratified and approved, with said cost to
be charged to the pending bond fund.
PASSED.
AYES- 13 NOES- 0.
No. 64
Report of Emergency Bids for Various City-Owned Properties within the City of
Buffalo
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at the various locations, i.e., in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on
December 9, 1992 and that the contracts will be awarded to the lowest
responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
1489 Fillmore Avenue aka Integrated waste Special Services
G. E. Plant $472,900.00
City of Buffalo
531 Adams Street Integrated Waste Special Services
City of Buffalo $7,677.00
300 Box Avenue Integrated Waste Special Services
City of Buffalo $6,783.00
371 East Ferry Street Lebis Contracting
City of Buffalo $11,350.00
370 High Street Maplewood Construction
City of Buffalo $5,500.00
31 Johnson Street Lebis Contracting
City of Buffalo $17,775.00
281 Lemon Street Great Lakes Dismantling
City of Buffalo $6,890.00
1219 Sycamore Street Integrated Waste Special Services
City of Buffalo $9,728.00
224 Madison Street Great Lakes Dismantling
City of Buffalo $5,183.00
173-181 Mulberry Street Great Lakes Dismantling
City of Buffalo $7,519.00
1299 Fillmore Avenue Integrated Waste Special Services
City of Buffalo $7,188.00
1405-07 Fillmore Avenue Great Lakes Dismantling
City of Buffalo $5,519.00
72 Camp Street Lebis Contracting
City of Buffalo $3,995.00
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 report to your Honorable Body that the cost
of the projects is to be charged to the pending bond fund.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 27, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Integrated Waste Special
Services at a cost of $472,900.00, relating to 1489 Fillmore Avenue a/k/a G.E.
Plant, to Integrated Waste Special Services at a cost of $7,677.00, relating to
531 Adams Street, to Integrated Waste Special Services at a cost of $6,783.00
relating to 300 Box Avenue, to Lebis Contracting at a cost of $11,350.00
relating to 371 East Ferry Street, to Maplewood Construction at a cost of
$5,500.00, relating to 370 High Street, to Lebis Contracting at a cost of
$17,775.00, relating to 31 Johnson Street, to Great Lakes Dismantling at a cost
of $6,890.00 relating to 281 Lemon Street, to Integrated Waste Special Services
at a cost of $9,728.00 relating to 1219 Sycamore Street, to Great Lakes
Dismantling at a cost of $5,183.00, relating to 224 Madison Street, to Great
Lakes Dismantling at a cost of $7,519.00, relating to 173-181 Mulberry Street,
to Integrated Waste Special Services at a cost of $7,188, relating to 1299
Fillmore Avenue, to Great Lakes Dismantling at a cost of $5,519.00, relating to
1405-07 Fillmore Avenue, to Lebis Contracting at a cost of $3,995.00, relating
to 72 Camp Street, are hereby confirmed, ratified and approved, with said cost
to be charged to the pending bond fund.
PASSED.
AYES- 13 NOES- 0.
No. 65
Report of Emergency Bids for
715 Jefferson Avenue and 194 Waverly Street
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at these locations, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on December 30,
1992. The contracts will be awarded to the following lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
715 Jefferson Avenue Great Lakes Dismantling
City of Buffalo $4,260.00
194 Waverly Street Sam DelMonte Demolition
City of Buffalo $2,800.00
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 report to your Honorable Body that the cost
of the project is to be charged to the pending bond fund.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated January 27, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Great Lakes Dismantling at
a cost of $4,260.00, relating to 715 Jefferson Avenue, to Sam DelMonte
Demolition at a cost of $2,800.00, relating to 194 Waverly Street, are hereby
confirmed, ratified and approved, with said cost of the projects to be charged
to the pending bond fund.
PASSED.
AYES- 13 NOES- 0.
No. 66
Emergency Demo Of 857 Fillmore Ave.
Item No. 155, C.C.P, January 19, 1993
Please be advised that the property located at 855 Fillmore Avenue
will be bid for demolition on February 9, 1993.
At this time the successful bidder will be awarded the contract for the
demolition of the aforementioned property.
We trust this will satisfy your inquiry.
RECEIVED AND FILED.
No. 67
HOME Program - 1993 - 1994 Award
Please be advised that the City of Buffalo has received notice
from the U.S. Dept. of Housing and Urban Development that the HOME program will
be funded in 1993-4 at an estimated level of $3,360,000 (see attached notice).
In order to apply for funds, Common Council authorization for the Mayor
to submit a formal funding request is required.
We await a final agreement between the administration in Washington and
the Congress relative to the national funding for HOME. It is anticipated that
we will receive a formal funding award letter any day which will give us an
award amount.
The HOME program will be administered by the Dept. of Inspections and
Community Revitalization. All HOME funded projects will be presented to BURA
and the Common Council for approval prior to the commitment of funds for
specific projects.
Any questions or concerns regarding HOME can be addressed by Mr. Jay B.
Duderick, Director of Community Revitalization, ext. 5307.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 68
Request Project Approvals/Status
of 1992-1993 HOME Funding
The U.S. Dept. of Housing and Urban Development awarded the City
of Buffalo $5,084,000 in HOME Program funding for fiscal year 1992-1993.
The Buffalo Urban Renewal Agency has recently approved the following new
projects for funding through the HOME program:
- $320,000 - Engine # 16/1460 Main Street WNY Veterans
- $195,000 - Jacobi Development Corp. 526 Niagara Street
$515,000 Total approval requested for projects at this time.
For your information, copies of the BURA items describing the projects
listed above are attached for your review. This material describes the
projects and should address questions you may have regarding the same.
In light of the BURA approvals for the above named projects, I hereby
request Council approval of these projects so that development may commence.
Projects and funding for HOME which have previously received both Council
and BURA approval to proceed to contract and development:
-$2,000,000 - Ellicott Mall
- 700,000 - CDBG Matching Funds/Owner Rehab
- 600,000 - School 62 Phase II
- 286,000 - Rental Rehab Program - scattered sites
$3,586,094
Previously approved programs and projects total $3,586,094. The HOME
approval requested above totals $515,000 leaving a HOME Program balance of
$982,906.
Of the 1992-1993 HOME Program balance above, $500,000 is hereby requested
to be approved for expenditure under the HOME C.D.B.G. Owner Assistance
Program. These additional funds will bring HOME C.D.B.G. matching fund/owner
rehabilitation total to $1,200,000.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization dated February 3, 1993 be referred to the Economic Development
Committee insofar as it concerns the Jacobi Development Corp. project for 526
Niagara Street and the Owner Assistance Program ($500,000); and
That the remainder of the projects described in the above referenced
communication be and hereby are approved for HOME funding.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 69
Establishment of Workers Compensation As Exclusive Remedy for Employees With
Injuries Arising Out of and in the Course of Employment.
For a great many years, it has apparently been the policy of the
City of Buffalo that white collar employees are not covered by Workers
Compensation. We have been unable to find any legislative authority for this
policy either in the Charter or the City Ordinances. It seems to be merely a
legal interpretation which the City has followed, based upon the theory that
white collar employees are not engaged in "hazardous employment."
We have been informed by our Third Party Administrator that we have never
won a case on this theory before the Workers Compensation Board. In addition,
this policy has been criticized by the Buffalo Financial Plan Commission. By
arguing that white collar employees are not covered by Workers Compensation, we
are inviting them to sue the City in tort, which is potentially far more
expensive. However, employees covered by Workers Compensation may not sue in
tort, as Sec. II of the Workers Compensation Law establishes Workers
Compensation as the exclusive remedy. In its Phase II report, the Buffalo
Financial Plan Commission recommended that we establish Workers Compensation as
the exclusive remedy for all employees. (Firefighters and Police Officers are
covered by an alternative statute, Sec. 207-a and 207-c of the General
Municipal Law). We have reviewed this recommendation with our staff, our Third
Party Administrator, and the attorney who represents the City before the
Workers Compensation Board, and all concur. Therefore, we request that your
Honorable Body approve the following resolution:
RESOLVED, that the City of Buffalo hereby establishes Workers
Compensation as the exclusive remedy, pursuant to Sec. II of the Workers
Compensation Law, for all non-uniformed employees of the City.
Mr. Fahey moved:
That the communication from the Department of Administration and Finance,
dated February 11, 1993, be received and filed; and
That the City of Buffalo hereby establishes Workers Compensation as the
exclusive remedy, pursuant to Section 11 of the Workers Compensation Law, for
all non-uniformed employees of the City.
PASSED.
AYES- 13 NOES- 0.
No. 70
Addendum to COMBAT Grant
Item No. 33, 2/2/93
The Police Department is responding to your questions regarding
the changes in the provisions of this contract. I have reviewed the changes
and determined that there is no financial impact as a result of this addendum.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 71
Certificate of Appointment
Appointment effective February 8, 1993 in the Department of
Administration
and Finance, Division of Parking Enforcement Daniel D. Viapiano, 89 North Ogden
Street, Buffalo 14206 to the Position of Junior Traffic Clerk, Permanent, at
the Maximum Starting Salary of $20,531.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 72
Schedule of Mayor's Budget Hearings
Attached for your information is a copy of the Mayor's Budget
Hearing Schedule.
RECEIVED AND FILED.
No. 73
Request LL to Extend Board Budget Filing to April 1st
Item # 71, C.C.P. 1-19-93
Please be advised that I oppose legislation which would change
the date the Board of Education is to submit its annual budget request from
February 1st to April 1st and offer the following comments:
1) This amendment would leave the City budget office without sufficient time
to thoroughly review the Board's request. The federal court has in the past
instructed the City to thoroughly familiarize itself with the Board's fiscal
situation.
2) I believe such a change would be subject to mandatory referendum and
therefore could not apply to the 1993-94 fiscal year
RECEIVED AND FILED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 74
Certificate of Appointment
Appointment Effective February 1, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Dolores Barrett, 101 Culver
Road, Buffalo, 14220, to the Position of Counselor III, Provisional, at the
Intermediate Starting Salary of $22,072.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 75
Certificate of Appointment
Appointment effective February 1, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Willie Johnson, 202 East
Amherst St., Buffalo, 14214, to the Position of Counselor III, Temporary, at
the Intermediate Starting Salary of $ 22,798.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
Certificate of Appointment
Appointment effective February 1, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Robert Parrish, 40 Brantford,
Buffalo 14220, to the Position of Substance Abuse Specialist, Provisional, at
the Intermediate Starting Salary of $ 23,525.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO SEWER AUTHORITY
No. 77
Info Appt. Truck Driver
Subject layoffs were due to budget restraints and there was no
overtime allocated as a result of these two positions being eliminated.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 78
Gun Amnesty Program - Request for Authorization to Accept and Deposit Check
From Mayor
This is a request for authorization to accept a check for $100.00
which the Mayor has forwarded to the Common Council for the Gun Amnesty
Program.
Same will be deposited by the City Clerk's Office into the appropriate
account.
Mr. Fahey moved:
That the communication from the City Clerk, dated February 3, 1993, be
received and filed; and
That the City Clerk be, and he hereby is authorized to accept a check for
$100.00 (One Hundred Dollars) for the Gun Amnesty Program and to deposit said
check into the appropriate account.
PASSED.
AYES- 13 NOES- 0.
No. 79
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state, beginning 10:00 A.M. February 11, 1993,
and ending 2:00 P.M. February 15, 1993.
RECEIVED AND FILED.
No. 80
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
557 Hertel The Pen Club Bar Raonal Zak
RECEIVED AND FILED.
No. 81
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- Daniel E. Kreuz
RECEIVED AND FILED.
No. 82
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:
Buffalo Sewer Authority
City Planning Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 83
Notices of Appointments
I transmit herewith communications received by me, reporting the
appointments made in the various departments at the minimum, flat or hourly
rate.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment effective February 1, 1993 in the Department of Stadium
&Auditorium, Division of Memorial Auditorium, to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $5.98/hr.
Scott Schumacher, 64 Armin Pl., Buffalo 14210
Laura S. Ando, 771 Tifft St., Buffalo 14220
Appointment effective February 5, 1993 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, Scott O'Connell, 340 Cumberland
Ave., Buffalo, 14220 to the Position of Laborer I, Seasonal, at the flat
Starting Salary of $ 5.98/hr
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 1, 1993 in the Department of Public
Works, Division of Water, to the Position of Clerk, Seasonal, at the flat
Starting Salary of $ 5.00/hr.
Mary F. Fay, 11 Pawnee Parkway, Buffalo, 14220
Ann M. Finger, 336 Eden Street, Buffalo, 14220
Appointment effective February 3, 1993 in the Department of Public Works,
Division of Water, Mary Fay, 108 Ramona Avenue, Buffalo, 14220, to the Position
of Clerk, Seasonal, at the flat Starting Salary of $ 5.00/hr.
Appointment effective February 8, 1993 in the Department of Public Works,
Division of Water, Marjorie Sansanese, 19 Admiral Road, Buffalo, 14216, to the
Position of Account Clerk, Temporary at the flat Starting Salary of $ 5.25/hr.
Appointment effective February 8, 1993 in the Department of Public Works,
Division of Water, Robert Tumiel, 142 Indian Church Road, Buffalo, 14220, to
the Position of Caulker, Temporary, at the Minimum Starting Salary of $ 20,928.
Appointment Effective: February 8, 1993 in the Department of Public Works,
Division of Buildings, John A. Loughran, 205 Marine Drive Apt. 7A, Buffalo
14202, to the Position of Plumber, Provisional, at the Minimum Starting Salary
of $ 21,717.
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment effective February 16, 1993 in the Department of Administration
and Finance, Division of Parking Enforcement Tod A. Kniazuk, 173 Sobieski
Street, Buffalo, NY 14212, to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $5.98/hr.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective February 1, 1993 in the Department of Human
Resources, Division of Youth to the Position of Attendant Temporary, at the
Flat Starting Salary of $ 4.25/Hr.
Mark T. Dovey, 75 Roesch, Buffalo, 14207
Louis Vallo, 415 LaSalle, Buffalo 14215
Appointment effective February 3, 1993 in the Department of Human Resources,
Division of Youth, Johnny Grayson, 51 Langfield Buffalo 14215, to the Position
of Attendant, Temporary, at the Flat Starting Salary of $ 4.25/hr.
Appointment effective February 8, 1993 in the Department of Human Resources,
Division of Youth to the Position of Attendant, Temporary, at the Flat starting
Salary of $ 4.25/hr.
Karen L. Giambra, 22 Taunton, Buffalo 14216
Warren Washington, 1 Pine Harbor Walk, Buffalo 14201
Appointment effective February 2, 1993 in the Department of Human Resources,
Division of Youth, Doris Russell, 18 Harriett Buffalo, 14215, to the Position
of Supervisor, Temporary, at the: Flat Starting Salary of $ 5.00/Hr
Appointment effective February 3, 1993 in the Department of Human Resources,
Division of Youth, to the Position of Lifeguard, Temporary, at the Flat
Starting Salary of $5.00/hr.
Tabatha Carabello, Tower 1 Rm. 640C SUCAB, Buffalo 14213
Dennis Sanders, 40 Fosdick, Buffalo 14209
Appointment effective February 8, 1993 in the Department of Human Resources,
Division of Youth, to the Position of Lifeguard, Temporary, at the Flat
Starting Salary of $ 5.00/hr.
Paulette Reslow, 128 Greeley, Buffalo, NY 14207
John D. Rodriguez, 218 Efner, Buffalo, NY 14201
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective February 1, 1993 in the Department of General
Services, Division of Inventory & Stores, Joseph K. Migas 1218 Broadway,
Buffalo, 14212, to the position of Laborer II, Seasonal, at the flat Starting
Salary of $ 6.65/Hr.
Appointment effective February 1, 1993 in the Department of General Services,
Division of Inventory & Stores, Paul E. Tara. 22 Olcott St., Buffalo, 14220, to
the position of Laborer II, Seasonal, at the Flat Starting Salary of $ 6.65/Hr.
FROM THE DEPARTMENT OF CITY CLERK
Appointment effective February 5, 1993 in the Department of City
Clerk, Artha Williams, 52 Willert Pk., Apt. B, Buffalo 14204 to the Position of
Dog Enforcement Clerk, Temporary, at the Flat Starting Salary of $5.98 hour.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 84
BUFFALO CABLE ACCESS MEDIA
Appointment to BCAM Board of Directors
BCAM is requesting the Common Council re-appointment of Michael
Niman and A. Leigh Harden to its board of directors for a three (3) year term.
Additionally, we are requesting the Common Council fill the position currently
held by Kathie Simonds who is not seeking re-appointment to our board due to
professional and family commitments. Ms. Simonds has served on our board for
the past two (2) years.
All three positions will expire in April of this year.
Mr. Fahey moved:
That the communication from the Buffalo Cable Access Media, dated
February 11, 1993, be received and filed; and
That Michael Niman and A. Leigh Harden are hereby reappointed to the
Buffalo Cable Access Media Board of Directors for a three year term beginning
April of 1993; and
That the Common Council will fill the position currently held by Kathie
Simonds effective when her term expires in April, 1993.
ADOPTED.
No. 85
BUFFALO CONVENTION CENTER
1993/1994 Budget Request
The Board of Directors of the Buffalo Convention Center Management
Corporation have unanimously adopted the enclosed 1993-1994 budget. The overall
non-capital budget indicates an approximate increase of only 4.8%. Capital
items have been segregated from the basic budget due to unaffordable costs. If
the capital budget would have been added in, the overall budget would have
increased approximately 10%.
If you have any questions or concerns regarding this budget request,
please do not hesitate to contact me. I can be reached at 855-5544.
RECEIVED AND FILED.
No. 86
BUFFALO FINANCIAL PLAN COMMISSION
Final Report
Over the past eight months, the Buffalo Financial Plan Commission,
supported by Greater Buffalo Development Foundation staff and over 100
dedicated volunteers from throughout the WNY area, has worked intently to
develop a five year financial and management plan for the City of Buffalo that
will assist elected officials in addressing the City's fiscal crisis. That
plan, now complete, is attached.
The Commission has unanimously approved the five year plan and all of its
104 specific recommendations. Commission members believe these
recommendations--as well as the findings and conclusions underlying
them--require your very serious attention and immediate action.
The Commission's work confirms that Buffalo's fiscal crisis is real,
immediate, sizeable, and--with no action--will only get worse over the next
five years. Overcoming this crisis requires your full attention, honest
cooperation, and real commitment to a new era of City operations and
labor-management relationships
Temporary or "one-shot" answers--much less complete denial of this
crisis--will seriously jeopardize Buffalo's ability to return to economic
vitality. If nothing happens, the prospect of a financial control board--whose
severe, simplistic bottom line orientation and its added layer of political
bureaucracy will only hurt the City more--is very real. Thus, you must act
decisively, you must act together and you must act now.
Among the budget balancing options nominally available to Buffalo -
cutting services to cut expenses, raising taxes to generate additional revenue,
and/or improving the efficiency of City government, the Commission believes
that only the last - generating measurably greater cost effectiveness in the
City's operations - should be your principal choice.
Reduced services and higher general taxes on residents and businesses may
balance budgets in the short run. Ultimately, though, they will only serve to
erode Buffalo's economic base more severely, as citizens and businesses flee to
other locales with lower taxes and better public services. As this occurs,
fiscal demise as Buffalo's fate will be sealed.
The Commission understands that, even with the right intent, restoring
fiscal integrity to the City will not be quick or easy. While a number of the
Commission's recommendations can be implemented fully through the actions of
administration or council, an additional and significant set requires
cooperation and agreement from both parties. Moreover, what may be the most
fiscally significant recommendations require agreement among the
administration, council and one or more of the municipal employee unions.
Because of the time required to achieve such agreement, the Commission
strongly urges you to begin work now and to do so with a spirit of close and
honest cooperation.
Each of the Commission's recommendations carries with it an estimated
budget impact. Each estimated impact has been placed in the fiscal year in
which the Commission believes it can reasonably be achieved. Realistically, not
enough of the recommended actions can be implemented in time to entirely close
the City's projected 1993-94 deficit of $25 million; a deficit of approximately
$10.3 million remains.
Thus, the Commission recommends that the Mayor, Council, and Comptroller
jointly agree to the following proposal for extraordinary support from the
State of New York and immediately approach the Governor and state legislature
with it:
That, in the context of the budget forecasts and recommendations
contained in the Buffalo Financial Plan Commission's five year plan, the Mayor,
Council, and Comptroller commit to take all actions necessary to achieve
balanced budgets in FY 93-94 through FY 97-98; and that, for FY 93-94, they
commit to actions necessary to close all but $10.3 million of the projected
budget deficit; and that they request $10.3 million in extraordinary, one time
state operating support to close the remaining portion of the projected FY
93-94 deficit.
In the midst of the state's own budget deficits, obtaining support for
$10.3 million of extraordinary funding will be extremely difficult. Thus, it
will require the most extensive commitments possible from the Mayor, Council,
and Comptroller. The Commission is prepared to assist in this regard. More
broadly, the Commission is committed to provide the City with ongoing
assistance in meaningfully addressing our recommendations, so that a
responsible plan can be agreed upon and implemented as quickly as possible.
The future of our City depends
REFERRED TO THE COMMITTEE OF THE WHOLE, THE COMPTROLLER, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE, AND THE CORPORATION COUNSEL.
No. 87
BUFFALO FIRE HISTORICAL SOCIETY
421 Best Street Engine House # 21, Truck # 6
We would like to call to your attention, the fact that the BUFFALO
FIRE HISTORICAL SOCIETY continuously expressed interest in obtaining the
property at 421 Best Street for the use of the Society as a Fire Historical
Museum, since the House (Engine # 21, Truck # 6) was closed.
In January of 1991, we proposed that the City of Buffalo make the
property available to us and sent a detailed proposal of our use. This proved
to be unsuccessful. In May of 1991, we offered to purchase the building from
the City of Buffalo for $10,000.00 and sent a check for 10% of the purchase
price ($1,000.00) with our offer. We never received the courtesy of a reply
from Mr. Ralph Megna, Director, Real Estate, City of Buffalo. Later in the
Fall of 1991, we were informed that this property would be auctioned in the
Spring of 1992. We inquired of Mr. Megna about our deposit check and purchase
offer and were told that they were mislaid and could not be located. However,
shortly before the auction, our purchase offer and deposit check reappeared and
the check was returned to us. To this day, we have never received an
explanation as to what happened to the purchase offer or why it had not been
considered. February 20, 1992, it was publicly announced that the property was
to be offered for auction. The BUFFALO FIRE HISTORICAL SOCIETY, after being
qualified as a serious bidder and financially sound by the City of Buffalo,
attended the auction. Our bid of $41,000.00 was topped by Entech Management
Services Corporation, 1008 Main Street, Buffalo, New York (Mr. Cosmos Polino,
Jr.) for $42,000.
We now understand that the Buffalo Common Council did not approve the
sale because of the concern of the neighbors regarding the nature of the
business of Entech Management. It has further come to our attention that
another non-profit organization is attempting to acquire the property by having
it transferred to them through the Urban Renewal. In all fairness Mr. Arthur,
we are a non-profit organization dedicated to the preservation of Buffalo Fire
artifacts, promote the history of the Fire Service and educate the people of
the community (particularly the children) in the principles of Fire Prevention.
The BUFFALO FIRE HISTORICAL SOCIETY, founded in 1982, is chartered by the New
York State Board of Regents and supported solely by donations from our Members
and Friends. We do not ask for a handout from the City of Buffalo, only a
helping hand. Therefore, if the property is not to be sold to Entech
Management Services Corp., we feel this property should not be given, sold or
transferred or in any way disposed of without first giving consideration to our
Society.
Through this entire process, we have been open and honest in our dealings
with the City and we respectfully request that the City of Buffalo treat us in
the same manner.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMPTROLLER AND THE
CORPORATION COUNSEL.
No. 88
BUFFALO DEVELOPMENT COMPANIES
Buffalo Neighborhood Revitalization
Corporation 1992-93 Budget
Attached hereto please find a copy of the Buffalo Neighborhood
Revitalization Corporation's 1992-93 budget and work program.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 89
E.C.I.D.A.
Annual PILOT Agreement
During the past several months, the ECIDA has met with several
City officials regarding delinquent PILOT payments. Meetings were held with
Mr. Giambra, City Comptroller, Corporation Counsel, Laurence Rubin and
Commissioner of Assessment, Joseph T. Tanzella. Those meetings have been
extremely beneficial in that they have not only opened up lines of
communication between the various City departments and the ECIDA, but also had
the effect of setting an agenda to deal with future PILOT delinquencies.
Before providing the specifics of the actions which are being taken by
the ECIDA, I would like to point out that of the unpaid PILOT's as of January
12, 1993, there are only three (3) delinquencies which are from a prior year.
Those three (3)--BBC Enterprises, Prudential Building Association and
Reppenhagen Roller Corporation total $96,153.35 in unpaid PILOT's for fiscal
year '91-'92. This amount represents a vast improvement from the $641,347.41
identified as past due in the Comptroller's Audit Report for the fiscal year
ending June 30, 1992.
On January 5, 1993, ECIDA staff members met with Deputy Comptroller, Mike
McNamara, and reached agreement as to actions to be undertaken in dealing with
PILOT payment delinquencies. It was agreed that whenever a problem with a
PILOT payment develops, the ECIDA would be contacted. Upon contact by the
City, the ECIDA would place telephone calls to the companies who are past due
in order to inquire as to the status of payment. After a reasonable period of
time, the ECIDA would contact the City as to payment status. Mr. Bill Murphy
working with the Comptroller's Office and Cindy Walczak in the Department of
Assessment would be the ECIDA's contacts at the City.
On January 19, 1993, the ECIDA received a communication dated January 15,
1993 from Mr. Tanzella, Commissioner of Assessment. Attached to this letter was
a listing of unpaid PILOT's as of January 12, 1993. Upon receipt of this
communication, the ECIDA immediately began placing telephone calls to all
companies appearing on the unpaid PILOT listing. As of this date, two of the
fifteen companies listed, M. U. Partners and McLean Thomas have made payments,
while a third company, Harmac, indicated they just sent a check to the City. Of
the remaining twelve (12) companies, most have acknowledged the delinquency and
indicated payment would be forthcoming. Two companies require special
mention--Harry Hoffman Printing and West Genesee Hotel Association.
In regards to Harry Hoffman Printing, the company is in bankruptcy,
therefore payment of the $9,032.87 PILOT is unlikely. In regards to West
Genesee Hotel Association (Hyatt Hotel), we have been informed that City and
County officials are working with the company to possibly revise the current
PILOT schedule.
As can be demonstrated by the above, upon notification by the City of a
problem, the ECIDA immediately took action. We would recommend that the ECIDA
continue working with the delinquent companies through February 28, 1993 upon
which a report will be provided to the appropriate City officials as to payment
status.
At that point in time, the City can provide direction as to how they
would like the ECIDA to proceed.
I trust the above information satisfactorily responds to your
communication of February 8, 1993. The ECIDA stands ready to assist the City
of Buffalo in any manner. We would welcome the opportunity to attend any
future meetings to further discuss these issues.
Please do not hesitate to contact me if you have any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 90
FEDERAL COMMUNICATIONS COMMISSION
Regulatory Policies CATV
Thank you for forwarding your Common Council's resolution concerning
subscriber rates to be charged by your cable company. Current regulatory
policies in the area of your concern are described in the enclosed publication,
Cable Television - Consumer information. The Cable Television Consumer
Protection and Competition Act of 1992, however, charges the Commission with
adopting rules to implement new provisions, including those concerning rate
regulation and permissible rates.
A rule making proceeding on this topic is currently underway. A Notice
of Proposed Rule Making in MM Docket No. 92-266 was released on December 24,
1992, and the resolution will be made part of the record in this proceeding. A
copy of the press release summarizing the Notice of Proposed Rule Making is
enclosed. For your further information, enclosed is a copy of the pleading
rules for filing formal comments in this Commission's rule making proceedings.
Formal comments in this proceeding were due by January 27, 1993, and reply
comments by February 11, 1993.
I trust the above and enclosures are helpful.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 91
BURKE GLASER
Offer to Purchase - Stack of Drawers
Your permission is requested to purchase a stack of drawers once
attached to a drafting table for five dollars ($5.00). The above mentioned
drawers can not be affixed to said table located in the Division of Buildings
Room 612 City Hall.
Your favorable approval of this request will be greatly appreciated.
Mr. Fahey moved:
That the communication from Burke Glaser, dated February 11, 1993, be
received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to sell a stack of drawers once attached to a drafting table for $5.00 (Five
Dollars) to Burke Glaser, 153 Aldrich Place.
PASSED.
AYES- 13 NOES- 0.
No. 92
WILLARD MARACLE
Politically Inspired Racial Attack by
Buffalo Police on Native Americans
I regret to inform your council, that a fellow Councilman and
one of his legislative staff have over stepped all bounds of human decency,
with their mutually directing the Buffalo police, stationed at precinct (# 8)
to :"legally Harass" A Native American Mohawk.
Acting on a directive of information issued through Council -member David
Franczyk, Precinct officers began to pressure, and to intimidate any Native
Americans residing in the Broadway-Fillmore district, to document this
allegation I offer myself, and enclosed Information pertaining to ASSAULT by a
Buffalo Police Officer.
In this regard, I would like to draw your attention to a letter, from
Commissioner R. V. Degenhart dated :July 16th 1992, in it there appears a line
offering a final conclusion to wit:
"I have thoroughly reviewed all the statements and reports submitted by
the officer and his superiors. Based on this information, l have determined
that the officer was acting within the lawful pursuit of his police duties."
I submit there obviously appears to be a question, of evasive
Investigative procedure to address the ASSAULT, inspired, and may possibly be
condoned by this Common Council, therefore, I request a HEARING BE HELD
FORTHWITH, To investigate these SERIOUS ALLEGATIONS OF (OFFICIAL MISCONDUCT)
and RACIAL ATTACKS.
RECEIVED AND FILED.
No. 93
LINDA MOBLEY
Use of Mohawk Manor
We, the Neighbors For Progress Block Association request to be
placed on your agenda for the next Common Council Meeting. The Neighbors For
Progress Block Association wish to address the Mohawk Manor issue.
We would like a response regarding this request in writing, no later than
Friday, February 12, 1993.
Your response to this request is greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 94
NELSON SARGENT
Compromise LaSalle Concession
I would like to comment on Mr. Buczkowski's referral to you concerning
LaSalle Park concession.
I am enclosing a copy of a letter I sent to Mr. Buczkowski concerning
this concession. If you will read it, you will note that Mr. Buczkowski failed
to relate to you all the reasons I asked for a reduction in my lease obligation
for 1992.
Specifically the facts that I spent about $1,500.00 to repair and install
fixtures that were supposed to be permanently installed in the building
(referring basically to 3 bay stainless sink and hand sink) and the fact that I
was to have exclusive rights, other than special events, to sell food and
refreshments in the park.
I would hope you take all of the reasons into consideration before making
any decision by reading the copy of my letter to Mr. Buczkowski, I think you
will understand my request.
REFERRED TO THE COMMITTEE ON FINANCE.
PETITIONS
No. 95
Oriole Management, Inc., owner, petition to use 161 Elmwood for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 96
Mary Brady and Others req. special zoning dist. in Burbank/Meadowview area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 97
John Kregg oppose correctional facilities
in Main Street Corridor.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 98
Salary Ordinance Amendment
70-0 Department of Street Sanitation
(Item No. 161, C.C.P., Jan. 19, 1993)
That the Salary Ordinance Amendment as contained in Item No. 161,
C.C.P., January 19, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 99
Appointment Audit & Control
Senior Data Processing Equipment Operator
That Communication No 27 CCP Dec 22, 1992 be received and filed
and the Provisional appointment of Darlene Folger & Carla J. Rogers stated
above at the Intermediate salary $24,213.00 effective on Dec 7, 1992 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 100
Appointment General Services/Tire Mechanic
That Communication No 69 CCP Jan 19, 1993 be received and filed
and the Permanent appointment of James P. Riordan stated above at the Maximum
salary $22,110.00 effective on Jan 12, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 101
Appointment Parks/Park Utility worker
That Communication No 31 CCP Feb 2, 1993 be received and filed
and the Permanent appointment of Paul Marranca stated above at the Intermediate
salary $22,208.00 effective on Jan 25, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 102
Appointment Human Resources/Counselor III
That Communication No 53 CCP Feb 2, 1993 be received and filed
and the Permanent appointment of Gina Doyle stated above at the Intermediate
salary $22,072.00 effective on Jan 25, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 103
Notices Of Appointments (C. Clerk)
(Item # 64 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 104
Testimony On Governor's Budget (Mayor)
(Item # 5 C.C.P. Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Transfer of Funds
Capital Projects Fund - Engineering
(Item No. 140, 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 $7,500 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. 106
Interfund Cash Loan
Ontario Street Boat Launch
(Item No. 10, C.C.P., Feb. 2, 1993)
That the Comptroller be and he hereby, is authorized to make an
interfund cash loan from General Fund to Capital Projects Fund in the amount of
$440,000 for Riverside Park Ontario Street Boat Launch. The loan is payable at
date of reimbursement.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 107
Rescind Bond Resolution
$120,000 Watermains across Kensington Expressway
(Item No. 152, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 152, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTIONS
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 bond 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.
PASSED.
AYES- 13 NOES- 0.
No. 108
Rescind Bond Resolution
$250,000 Massachusetts Pumping Station
(Item No. 153, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 153, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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.
PASSED.
AYES- 13 NOES- 0.
No. 109
Rescind Bond Resolution
$250,000 Watermains - Genesee Street (Phase II)
(Item No. 154, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 154, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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.
PASSED.
AYES- 13 NOES- 0.
No. 110
Rescind Bond Resolution
$250,000 Replacement of Hydrants
(Item No. 155, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 155, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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.
PASSED.
AYES- 13 NOES- 0.
No. 111
Rescind Bond Resolution
$250,000 Reconstruction of Clearwell Basin
(Item No. 156, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 156, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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.
PASSED.
AYES- 13 NOES- 0.
No. 112
Rescind Bond Resolution
$400,000 Replacement of Watermains - Gibson Street
(Item No. 157, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 157, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
RESOLUTION REPEALING, REVOKING AND RESCINDING 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. 415980-067), 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.
PASSED.
AYES- 13 NOES- 0.
No. 113
Rescind Bond Resolution
$700,000 Watermains Stadium Group Streets
(Item No. 158, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 158, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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.
PASSED.
AYES- 13 NOES- 0.
No. 114
Rescind Bond Resolution
$1,000,000 Watermains Grote and Amherst Streets
(Item No. 159, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 159, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
RESOLUTION REPEALING, REVOKING AND RESCINDING IN WHOLE BOND RESOLUTION
HERETOFORE ADOPTED BY THIS COMMON COUNCIL 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 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 0 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.
PASSED.
AYES- 13 NOES- 0.
No. 115
Rescind Bond Resolution $1,600,000 Watermains
at Amherst and Linden
(Item No. 160, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 160, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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. 415-990-065), 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.
PASSED.
AYES- 13 NOES- 0.
No. 116
Rescind Bond Resolution
$1,750,000 Replacement of Transmission Watermains
(Item No. 161, C.C.P., Feb. 2, 1993)
That the Resolution as contained in Item No. 161, C.C.P., February
2, 1993, be and the same hereby is approved as follows:
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 Supple 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 root 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.
PASSED.
AYES- 13 NOES- 0.
No. 117
Report of Emergency Bid
Demolition 817 Perry Street
(Item No. 62, C.C.P., Jan. 19, 1993)
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. 118
Bids Disposal of 348 Austin Street (Pct. 13)
(Item No. 12, C.C.P., Feb. 2, 1993)
That the Comptroller be, and he hereby is authorized to accept
the purchase price proposal of Donald Scott, Jr. in the amount of $60,000
(Sixty Thousand Dollars) to purchase 348 Austin Street, on the condition that
the City will not furnish a survey; and
That the purchaser will obtain Title Insurance; and
That the purchaser will accept a quit claim deed for the property; and
That should the City fail to provide good and marketable Title to the
property, the purchaser's deposit will be refunded to him; and
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.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK ,HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 119
Bids for Parks Concessions
(Item No. 28, C.C.P., Feb. 2, 1993)
That the Commissioner of Parks be, and he hereby is authorized
to draw up specifications to proceed with advertisements for bids for The Foot
of Ontario Street and South Park Golf Course concessions.
ADOPTED.
No. 120
Kleinhans Music Hall Claim Status (CC)
(Item No 38 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Local Law Intro. No. 1 (1993)
Transfer Vital Statistics to City Clerk
(Item No. 168, C.C.P., Feb. 2, 1993)
That the Local Law as contained in Item No. 168, C.C.P., February
2, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 122
Ordinance Amendment
Chapter 361 - Records
(Item No. 167, C.C.P., Feb. 2, 1993)
That the Ordinance Amendment as contained in Item No. 167, C.C.P.,
February 2, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 123
Amendments/Registrar Of Vital Statistics
(Item No. 7 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Town Of Amherst/Petition County/Release Drug Funds
(Item No. 66 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 125
Music License 530 Rhode Island (PW)
(Item No. 26 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Permission to Install Awning
2248 Main Street
(Item No. 27, C.C.P., Feb. 2, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Brett Watts, acting as agent for Bainbridge
Construction, 2248 Main Street, to install an awning which would encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond 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.
PASSED.
AYES- 13 NOES- 0.
No. 127
Local Law/Police Minimum Manpower (A&F)(#60 12/22)
(Item No. 112 C.C.P., Jan 5, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Local Law/Extend Board Of Education
Budget To 4/1 (BD. Ed.)
(Item No. 71 C.C.P., Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Extend Board Of Education Budget Date (CC)
(Item No. 39 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Notification Serials # 8275-76 (PW)
(Item No. 15 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Contributions To Officials (Bd. Ethics)
(Item No. 57 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Control Of Allentown Exhibits
(Item No. 126 C.C.P., Jun 23, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
AVS/Concession Application Process
(Item No. 65 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
City Permit Fees/1992 Allentown Festival (PW)
(Item No. 43 C.C.P., Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Plan To Combat Carjacking (Pol)
(Item No. 32 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Prepare for Full Implementation of
Police Reorganization
(Item No. 151, C.C.P., Jan. 19, 1993)
That the Common Council request that the Commissioner of Police
file with this Body his plan for full reorganization of the Police Department
based on reports and recommendations submitted by the Common Council Police
Reorganization Commission and the International Association of Chiefs of Police
describing in detail all measures previously mentioned in this resolution so
that preparations can be finalized for total implementation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 137
Environmental Hazard at Cargill (Mayor)
(Item No. 4 C.C.P., Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Strengthen Laws On Tire Transport/Disposal
(Item No. 185 C.C.P., Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Parental Opinions On Education
(Item No. 149 C.C.P., Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Substitute Teachers Handbook (CC)
(Item No. 40 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Oppose New York Power Authority's
Replacement Power Rate Increases
(Item No. 133, C.C.P., Feb. 2, 1993)
That this Common Council calls upon the Power Authority to rescind
the improper increases it has imposed, and to honor its sworn testimony before
Congress and its solemn promises to industry, and to the people of Western New
York that hydroelectric replacement power will be sold at cost, without profit
to the not-for-profit Power Authority.
That the Governor is urged to enact appropriate controls on the Power
Authority that will prevent unresponsive political appointees to the Authority
from imposing unreasonable rate increases in the future.
That the City Clerk send certified copies of this resolution to the
Chairman of the Power Authority and the Governor.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 142
New York Power Authority/Info On Rate Increases
(Item No. 70 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 143
LDA Niagara Housing - New Industrial Park - Parcel 13
(Item No. 45, C.C.P., February 2, 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. Bell the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Dave Sengbush - Mgr. of Property
Dept. of Community Development
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bakos.
CARRIED.
Mr. Fahey moved that:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Paul A.
Dedrick and Eden Scott, 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 Amended 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 Paul A. Dedrick and Eden Scott, 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
New Buffalo Industrial Park.
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 "Amended Land
Disposition Agreement" to Paul A. Dedrick and Eden Scott, 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. 144
HUD Special Grant - Children's Hospital
(Item No. 165, C.C.P., Feb. 2, 1993)
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; and
That the foregoing authorization is on the condition that the City of
Buffalo and Children's Hospital establish a planning committee to oversee
development of the project . This committee should include members of the
Division of Planning, the Chairman of the Economic Development Committee,
District Councilmember, a representative of the Neighborhood Association and a
representative of Children's Hospital.
ADOPTED.
No. 145
Authorization Application/HUD Grant/Children's Hospital
(Item # 47 C.C.P., Feb 2, 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. 146
SEQR Review for Downtown Arena
(Item No. 58, C.C.P., Jan. 19, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That the recommendation of the Commissioner of Community Development for
the formation of the joint City/Sabre Committee to review Requests for
Proposals by Consultants for preparation of Crossroads Arena Environmental
Impact Statement and amended urban renewal plan be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 147
By: Mr. Amos
Hang Banner Main Winspear Unifest 93
WHEREAS: Unifest 93, a charity celebration unifying businesses,
residents, students, and area not-for-profit organizations in the University
Heights Community, will be held from August 27-29, 1993; and
WHEREAS: The event will be held on Main Street between Winspear and
Minnesota Avenues; and
WHEREAS: Activities for the event will include amusement rides, music,
games of skill, and ethic food, dance and crafts; and
WHEREAS: Proceeds from the festivities will benefit the
Western New York Independent Living Center; and
WHEREAS: Sponsors of the event request permission to erect a promotional
banner across Main Street at Winspear from August 6, 1993 to August 31, 1993.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council grants permission to the event sponsors to erect a
banner pursuant to the conditions set forth by the Commissioner of Public Works
and the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 148
By: Messrs. Amos, Bell, Perla, Zuchlewski
County Takeover Of Tax Billing Process
WHEREAS: At the present time, the City of Buffalo and other municipalities
send out tax bills to all property owners in their jurisdiction, while the
County of Erie separately mails out its own property tax bills; and
WHEREAS: The Erie County Federation of Associated Citizens and Taxpayers has
suggested the development of a single computer generated bill in which the Erie
County tax would be listed along with the applicable town, village or city tax;
and
WHEREAS: The bill would have four coupons, so that payment could be made on
a quarterly basis; and
WHEREAS: Taxpayers who make full payment could be given a discount, since
that would allow the municipality to generate more revenue by investing those
funds; and
WHEREAS: This system would produce a significant savings for municipalities
by eliminating the printing and mailing costs, and ensure a steady flow of cash
for all levels of government; and
WHEREAS: This method would also be very "consumer friendly," since it would
be much simpler and more convenient, and it would also encourage public
awareness of the governmental budgetary process; and
WHEREAS: It could also foster intergovernmental cooperation, setting the
stage for future cooperative efforts aimed at enhancing the efficiency of local
governments;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council support the concept of a consolidated tax bill,
and request the County of Erie and the City's Commissioner of Administration
and Finance to pursue the implementation of this proposal; and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this resolution to the
Mayor of Buffalo, the Commissioner of Administration and Finance, and the Erie
County Executive.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE, THE COMPTROLLER AND THE ERIE COUNTY
COMMISSIONER OF FINANCE.
No. 149
By: Messrs. Amos, Bell, Perla, Arthur, Zuchlewski
Proposed Reorganization of the Corps of Engineers
WHEREAS: The Federal Government intends to reorganize the Corps
of Engineers to centralize and consolidate its functions; and
WHEREAS: The reorganization plans for the Buffalo area include the
transferring of Engineering and Planning functions from District Centers to
Technical Centers 300 to 1,500 miles away; and
WHEREAS: The proposed reorganization plan include the elimination of 141
positions in the Buffalo area resulting in approximately $6 million
($6,000,000) in lost Federal (payroll) money; and
WHEREAS: The loss of the 141 jobs compiled with the loss of spousal income
of $2 million ($2,000,000) and an additional loss of 35% of Engineering work
which is contracted out to area Architect/Engineering firm, the magnitude of
this move could cost this area $10 to $12 million in per year; and
WHEREAS: The losses in federal monies and tax revenues compiled with the
economic impact on local business and unemployment could cost the area over $30
million ($30,000,000); and
WHEREAS: Monetary losses would be compounded by cuts in services because the
new Technical Centers lack the expertise in designing projects for the Great
Lakes and little confidence exists in the idea that fifteen (15) Technical
Centers could provide the same services that thirty-eight (38) District Centers
can; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Federal Government to reconsider its
position for reorganizing the Corps of Engineers District Centers because of
the potential loss of services to the Great lakes and the Buffalo area
waterways and because it will add to the economic despair that already exists
in the area; and
BE IT FURTHER RESOLVED THAT:
The City Clerk forward a certified copy of this resolution to United
States Senator Daniel P. Moynihan and Senator Alfonse M. D'Amato and the
Western New York delegation to the United States House of Representatives.
ADOPTED.
No. 150
By: Messrs. Arthur And Perla
35th Annual Allentown Outdoor Art Festival
WHEREAS: The Allentown Village Society, Inc. ("AVS") has requested
permission to conduct its Annual Allentown Outdoor Art Festival on the weekend
of June 12th and 13th, 1993; and
WHEREAS: The Common Council is empowered, pursuant to Section 413-36 of the
Code of the City of Buffalo to impose reasonable conditions over the event area
for the purpose of facilitating control over the event area by the sponsor and
public officials for the health, welfare and safety of the public and persons
and property within the event area; and
WHEREAS: The parties have agreed to exclude the property of Ascension Church
at 16 Linwood Avenue (northwest corner of North Street and Linwood Avenue) and
of Westminster Church at 724 Delaware Avenue (near Summer Street) from the
following provisions.
NOW, THEREFORE, BE IT RESOLVED:
That, subject to the following conditions, the AVS be and it hereby is
granted permission to conduct its 36th Annual Allentown Outdoor Art Festival on
the weekend of June 12th and 13th, 1993 between the hours of 11:00 A.M. and
6:00 P.M. on those days within an event area bounded by Summer Street on the
North, Elmwood Avenue (east side) on the West, Tracy Street (extended easterly)
on the South and Main Street (west side) on the East.
1. Delaware Avenue between North Street and Tupper Street, Franklin Street
between Allen Street and Virginia Street and Allen Street from Elmwood Avenue
to North Pearl shall be closed to vehicular traffic from 8:00 A.M. until 7:30
P.M. on the dates of the event to facilitate set up and take down by event
sponsor and participants. The Buffalo Police Department may place barriers
surrounding the event area for this purpose during these hours.
2. No parking shall be allowed on said streets, for participants, exhibitors
or otherwise, during the hours of 8:00 A.M. to 7:00 P.M. on the event days.
The Buffalo Police Department and the Department of Public Works are hereby
directed to enforce this temporary parking ban on said streets and on such
other streets within the immediate area as the Police Department may deem
necessary for the safety of the public.
3. Participants within the event area, whether on the public streets or
out-of-doors on adjacent private property, will be limited as follows:
(a) Art or craft exhibitors. Art of craft exhibitors may be located within
the event area on the following streets only: Delaware Avenue between North
Street and Tupper Street (east and west sides), Franklin Street between Allen
Street and Virginia Street (north and south sides), Allen Street from Elmwood
Avenue to Franklin Street (north and south sides), Virginia Street between
Delaware and Franklin Street (north and south sides).
Only art and craft exhibitors selected through the AVS application and
selection process shall be permitted. The AVS will select no more than 465 art
and craft exhibitors, excluding therefrom the exhibition or sale of so-called
"pseudo" art and exhibits of a strictly commercial nature.
(b) Concessionaires and vendors. Concessionaires and vendors within the event
area shall be located on the following streets only: Delaware Avenue in the
block between North and Allen Streets, and in the vicinity of Edward Street, on
Franklin Street between Virginia and Allen Streets, and on Allen Street in the
vicinity of Franklin Street. Such participant concessionaires shall be
responsible concessionaires to be selected by the AVS. The AVS may select and
designate a single vendor employing a reasonable number of persons to vend
balloons in the event area. The AVS may also select and designate a single
vendor to produce and sell Art Festival T-shirts, sweat-shirts or similar
merchandise within the defined concession areas. All participant
concessionaires and vendors are required to comply with all otherwise
applicable licensing and health requirements.
Notwithstanding the forgoing, nothing herein is intended to limit the
usual and customary operations of "sidewalk cafes" as defined in Section 413-59
of the Buffalo Code.
(4) Radio and television broadcasts. Radio and television broadcasts from
remote broadcast units located outside of a building normally occupied by a
radio or television station may be permitted within the event area by the event
sponsor. No such remote broadcasts or telecasts shall be permitted on the
public streets or out-of-doors on adjacent private property without the
permission of the event sponsor. In no case shall any radio or television
station employ blaring loudspeakers or conduct giveaways, sale of merchandise,
contests, displays or other promotional activities beyond what is broadcast or
telecast over their airwaves in the public streets or out-of-doors on adjacent
private property during the hours of the event.
(5) Unauthorized participants. The AVS shall provide all participants with
suitable identification showing each as an authorized participant in the event.
Except as herein above provided, there shall be no other participants within
the event area during the event whether on the public streets or out-of-doors
on adjacent private property, including exhibitors, concessionaires, vendors,
performers, promotional activities, fund raising activities, displays of goods
or otherwise. Street performers, buskers or similar performers or performances
shall not be permitted within the event area. All temporary inflatable devices
used to advertise or direct attention to a business, service, product or
activity shall also be excluded from the event area.
(6) The Department of Public Works (Director of Licenses) and the Police
Department are hereby directed to enforce removal of all unauthorized
participants.
(7) The AVS shall be solely responsible for the removal of barriers,
decorations, barricades, stands, and equipment and all trash and debris in the
area including the event area resulting from the event.
(8) The AVS shall in advance of the event provide a liability insurance
policy in an amount of $2 million dollars per occurrence, naming the City of
Buffalo as an additional insured.
(9) The property of Ascension Church at 16 Linwood Avenue and of Westminster
Church at 724 Delaware Avenue and shall not be subject to the forgoing
provisions. Included the above mentioned shall not conduct or sponsor any
outdoor amusement rides or arts and crafts show.
PASSED.
AYES- 13 NOES- 0
No. 151
By: Messrs. Bell & Fahey
Authorization to File Final Statement of Objectives and Projected
Use of Funds for City of Buffalo Community Development Block Grant 1993-1994
WHEREAS, the United States Department of Housing and Urban Development
requires the preparation and submission of a "Final Statement of Community
Development Objectives and Projected Use of Funds" in lieu of an application
for the City of Buffalo's 1993-1994 Community Development Block Grant
Entitlement; and
WHEREAS, the steps necessary to comply with the regulations for the City
of Buffalo's 1993-1994 Community Development Block Grant Program have been
taken; and
WHEREAS, the approval of the Final Statement of Objectives and Projected
Use of Funds hereby presented by the Mayor of the City of Buffalo and
authorization by the Common Council to submit same is the last remaining
prerequisite.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO:
1. That the "Final Statement of Objectives and Projected Use of Funds" has
been reviewed by the members of the Common Council and is hereby approved.
2. That the Mayor of the City of Buffalo is hereby authorized to execute and
file, on the behalf of the City of Buffalo, the "Final Statement of Objectives
and Projected Use of Funds" for the 1993-94 Community Development Block Grant
Funds.
3. That the Mayor is further authorized to provide such additional
information and furnish such documents as may be required by the Department of
Housing and Urban Development.
4. That the Mayor is further authorized to execute such contracts or
agreements as may be necessary for the HUD funds applied for, to execute and
file requisitions for funds and to act as the authorized representative of the
City of Buffalo.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 152
By: Mr. Collins
Draft Local Law Requiring Twenty Five Percent (25%)
Minority Participation on all City Contracts
WHEREAS: The City of Buffalo made efforts in the past to allow
for ten percent (10%) minority participation in city contracts and employment
opportunities, although history reflects that actual minority participation has
been substantially less than the ten percent (10%) goal; and
WHEREAS: Figures from the 1990 census demonstrate that minorities comprise
nearly forty percent (40%) of the population of the City of Buffalo; and
WHEREAS: It seems appropriate to set goals of at least twenty five percent
(25%) for minority participation in city contracts and city employment
opportunities given minority population figures in the City of Buffalo; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests the Corporation Counsel to draft a local law
requiring a minimum of twenty five percent (25%) minority participation on all
city contracts and employment opportunities in city government and services;
and
BE IT FURTHER RESOLVED THAT:
All publications and requests illustrating city contract and employment
opportunities include such language.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 153
By: Mr. Collins
Conrail-Repair Property Located Between
Leroy Avenue and Dewey Street
WHEREAS: The Conrail property located between Leroy Avenue & Dewey
Street is in a state of serious disrepair and has become an eyesore to the
surrounding community; and
WHEREAS: Conrail has allowed this property to become dilapidated and a site
of all sort of debris; and
WHEREAS: The fencing around this property is partially torn dawn and in
need of much repair; and
WHEREAS: It is apparent that Conrail has not properly and adequately
maintained the property; and
WHEREAS: The Common Council feels obligated to notify Conrail of the
existing danger and potential for injury to area residents;
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council requests Conrail officials to make the necessary and
needed repairs on this property within 30 days; and
BE IT FURTHER RESOLVED THAT:
Should Conrail fail to comply with this request, this Common Council
authorizes the Corporation Counsel to begin the appropriate action against
Conrail to protect the citizens in the area and the City of Buffalo.
ADOPTED.
No. 154
By: Messrs. Collins and Pitts
Set Public Hearing Kingsley New Housing Project
Community Wide Urban Renewal Homestead Program James Management Co. Inc.,
Redeveloper
WHEREAS: James Management Co., Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS: The Agency and the Redeveloper have negotiated a Land Disposition
Agreement for the construction of forty (40) residential units of new housing
known as the Kingsley New Housing Project in the Community Wide Urban Renewal
Homestead Program Area; and
WHEREAS: Said Land Disposition Agreement has been forwarded by the 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
19th day of February 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 9th day of March 1993.
ADOPTED.
No. 155
By: Mr. Coppola
Establish Special Zoning District for Burbank, Meadowview, Agassiz
Area
WHEREAS: From time to time, unique characteristics of certain areas
of our city require the creation of special zoning districts; and
WHEREAS: The small residential area bounded by Delaware Park,
Forest Lawn Cemetery, Medaille College, Mount St. Joseph Academy, Main Street,
West Humboldt Parkway, and Agassiz Circle contains 42 homes, nearly all single
family; and
WHEREAS: The residents of that area are overwhelmingly in favor of having a
special zoning district created to protest the integrity of the housing stock,
the diversity of the residents, and to ensure the stability of the
neighborhood.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council supports the creation of a special zoning district
for the area bounded by Delaware Park, Forest Lawn Cemetery, Medaille College,
Mount St. Joseph Academy, Main Street, West Humboldt Parkway, and Agassiz
Circle.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 156
By: Mr. Coppola
Public Meeting Regarding Mohawk Motor Inn
WHEREAS: The New York State Department of Correctional Services
has proposed the establishment of a minimum security work release program at
the Mohawk Motor Inn; and
WHEREAS; A public meeting has been scheduled for Thursday, March 4, 1993, in
the Kenwell Auditorium at Millard Fillmore Hospital, from 7:00 to 9:30 PM; and
WHEREAS; The meeting has been scheduled by the members of the Cold Spring
Coalition for the purpose of gathering information, informing the public, and
discussing the proposal to establish a work release program, and will be
moderated by neighborhood resident Eric Lawson Jr.; and
WHEREAS: Thomas Coughlin III, Commissioner of the State Department of
Corrections, State Senators Masiello and Volker, and Assemblymen Eve and Hoyt
have been invited to participate in this important meeting.
NOW THEREFORE BE IT RESOLVED THAT
This Common Council is hereby notified of the meeting scheduled for
Thursday, March 4, 1993, in the Kenwell Auditorium at Millard Fillmore
Hospital, from 7:00 to 9:30 PM by the members of the Cold Spring Coalition
regarding the proposal to establish a work release program in the Mohawk Motor
Inn.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 157
By: Mr. Fahey
Appointment Citizens Funding Review Commission
NOW, THEREFORE, BE IT RESOLVED:
That, pursuant to Section 6-35 of Article VI of Chapter 6 of the
Ordinances of the City of Buffalo, the Common Council does hereby appoint the
following individual to the Citizens Funding Review Commission to replace
Cassandra McClam who has resigned:
Theresa Pordum
78 Greeley
Buffalo, New York 14207
ADOPTED.
No. 158
By: Mr. Fahey
Identify Lots For Habitat For Humanity
WHEREAS, Habitat for Humanity/Buffalo has been providing homes
for the poor in Buffalo since 1985; and
WHEREAS, Habitat/Buffalo builds or rehabilitates simple good houses and
sells them at no cost to families who otherwise could not afford
homes of their own; and
WHEREAS, The cost of these homes is reduced by donations of labor and
materials; and
WHEREAS, The Habitat idea uses resources from every level of the community
and has provided homes for 21 families in our area; and
WHEREAS, Habitat homes become symbols of hope to the families who occupy
them as well as to the community at large; and
WHEREAS, Habitat/Buffalo has the resources to build more new housing but
needs to locate suitable vacant lots especially on the West Side of
Buffalo.
NOW, THEREFORE BE IT RESOLVED,
That this Common Council requests that the Department of Community
Development and the Department of inspections and Community Revitalization
identify vacant lots that may be used for the Habitat for Humanity Program.
ADOPTED.
No. 159
By: Mr. Fahey
Request Corporation Counsel to Outline Options for Preparation
of Ordinance for Seizure and Forfeiture of Assets Used in Drug Crimes
WHEREAS: The City of Washington, D.C. has enacted a city law "Safe
Streets Forfeiture Amendment Act of 1992," which amends "An Act For the
Suppression of prostitution in the District of Columbia and Control of
Prostitution and Sale of Controlled Substances in Public Places Criminal
Control Act of 1981, to provide for the seizure and forfeiture of vehicles or
currency used to facilitate, solicit, or arrange prostitution;" and
WHEREAS: The Corporation Counsel of the City of Buffalo is currently
researching a Local Law request which would allow for the seizure of
automobiles of prostitution patrons; and
WHEREAS: The Washington, D.C. law expands the scope to include seizure and
forfeiture of assets used in crimes involving controlled substances; and
WHEREAS: The Law Department should extend its research in drafting the
requested Local Law to include seizure and forfeiture of assets used in crimes
involving controlled substances similar to the Washington, D.C. "Safe Streets
Forfeiture Act of 1992;"
NOW, THEREFORE, BE IT RESOLVED:
That the Corporation Counsel outline in a report to this Common Council
options for drafting a Local Law which would provide for the seizure and
forfeiture of assets used in crimes of prostitution and controlled substances;
and
BE IT FURTHER RESOLVED:
That after Common Council review and deliberation of this report, the Law
Department be requested to prepare such Local Law.
ADOPTED.
No. 160
By: Messrs. Fahey and Arthur
Ordinance Amendment - Amending 12-28 of the Code of Ethics Chapter
12 City of Buffalo Code
The Common Council of the City of Buffalo does hereby ordain as
follows:
That 12-28 of the Code of Ethics in Chapter 12 of the Code of the City
of Buffalo be amended to read as follows:
12-28. Confidentiality and Disclosure.
A. Notwithstanding the provisions of Article 6 of the Public Officers Law,
the only records of the Board which shall be available for public inspection
are:
(1) The information set forth in an annual statement of financial disclosure
or a transactional disclosure statement, [except the categories of value or
amount or any other information which the Board of Ethics declares to be
confidential] provided, however, as to information responding to paragraphs 3,
4, 5, and 6 of the form of annual disclosure statement required by 12-4
hereof, such information shall be confidential and not available for public
inspection, if (a) such information is filed by a person who receives no
compensation or salary from the City of Buffalo, and (b) such information does
not relate to the affairs of the City of Buffalo;
(2) Notices of delinquency sent under 12-23 of this chapter:
(3) Notices of reasonable cause sent under 12-24 of this chapter; and
(4) Notices of civil assessment imposed under 12-26 of this chapter.
B. [Notwithstanding the provisions of Article 7 of the Public Officers Law,
no meeting or proceeding of the Board of Ethics shall be opened to the public,
except if expressly provided otherwise by the Board of Ethics.] All meetings or
proceeding of the Board of Ethics shall be open to the public, except if
expressly provided otherwise by the Board of Ethics pursuant to the provisions
of Article 7 of the Public Officers Law.
C. Contemporaneously with the issuance thereof, the Board of Ethics shall
file with the City Clerk copies of all notices of delinquency sent under 12-23
of this chapter, notices of reasonable cause sent under 12-24 of this chapter,
and notices of civil assessment imposed under 12-26 of this chapter.
New matter is underlined, deleted matter is in [brackets].
It Is Hereby Certified, pursuant to Section 34 of the Charter, that immediate
passage of the foregoing Ordinance is necessary.
Approved As To Form
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 161
By: Messrs. Fahey, Amos, Zuchlewski, Franczyk and Mrs. LoTempio
Support the Principles of the
Buffalo Financial Planning Commission
WHEREAS: At the request of the Mayor and the Common Council the
Buffalo Financial Planning Commission was established to study the present and
future financial difficulties facing the City of Buffalo; and
WHEREAS: The Commission was made up of local business leaders,
representatives from the Administration, Comptroller's Office and the Common
Council; and
WHEREAS: The Commission's report recommends difficult reforms which must be
addressed to stave off fiscal disaster; and
WHEREAS: The alternative is to raise property taxes and cut city services
which could lead to multi million dollar deficits, potential bankruptcy and a
state-run financial control board; and
WHEREAS: Although some reforms may be more difficult than others, immediate
action for cost effectiveness must be taken in the following areas:
* employee fringe benefits
* productivity
* cost recovery - with user fees as a revenue resource
* cost of service in excess of market rate - the city should
consider privatizing as a last result
* modernize management control systems; and
WHEREAS: Long term issues must also be addressed which should include a
reform of the Taylor Law process, the Civil Service System, the creation of a
Financial Commission to review the Buffalo Board of Education, and the
establishment of a permanent Financial Control Board; and
WHEREAS: Throughout the implementation of changes that will occur over the
next couple of years, the union membership must be made part of the process and
educated of the changes which will effect them; and
WHEREAS: This Common Council should begin lobbying all parties effected by
the fiscal hardships confronting all of us and begin a joint venture which will
eventually put Buffalo back on the road of fiscal stability for the good of all
the citizens and businesses of Buffalo.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body adopts in principle the finding of the Buffalo
Financial Planning Commission and agrees to implement those changes necessary
for the good of everyone associated with the City of Buffalo and especially the
citizens who rely on delivery of these essential services.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 162
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. Walter E. Anderson
Claim for loss of garbage can. $10.00
2. Donald P. Douglas, M.D.
Claim for services rendered to Police Officer, JAMES SORRENTINO who was
injured on duty and required medical treatment in a prior fiscal year.
$93.27
3. Earle and Eunice Freedman
Claim for loss of garbage can. $9.95
4. Marie Gerland
Claim for loss of garbage cans. $24.00
5. Health Care Plan
Claim for services rendered to Firefighter, EDWARD YOUNG who was injured
on duty and required medical treatment in a prior fiscal year.
$72.24
6. Carol Jackson, M.D.
Claim for services rendered to Police Officer, THOMAS DOCTOR who was
injured on duty and required medical treatment in a prior fiscal year.
$24.44
7. O.L.V. Primary Care & Surgery Center
Claim for services rendered to Police Detective, PATRICK JUDGE who was
injured on duty and required medical treatment in a prior fiscal year.
$32.91
8. Sisters of Charity Hospital
Claim for services rendered to Police Officer, ALPHONSO WRIGHT who was
injured on duty and required medical treatment in a prior fiscal year.
$98.43
9. Sisters Diagnostic Imaging Associates
Claim for services rendered to Police Officers, LISA WILSON
and THOMAS McNAUGHTON who were injured on duty and required medical treatment
in a prior fiscal year. $96.72
10. Reinhardt Wende, M.D.
Claim for services rendered to Police Officer, MARK BLANKENBERG who was injured
on duty and required medical treatment in a prior fiscal year. $ 24.44
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0
No. 163
By: Messrs. Perla and Amos
Police Enforcement of Noise Ordinance
WHEREAS: the issue of unreasonable noise is addressed in Section
293-1 of the City Ordinances; and
WHEREAS: the passage of this law brought hope to the citizens of Buffalo who
have been without the peace and quiet they deserve; and
WHEREAS: the Buffalo Police Department is responsible for the enforcement of
the noise ordinance; and
WHEREAS: citizens of Buffalo have complained that noise complaint calls to
emergency 911 have gone unanswered; and
WHEREAS: this law must be enforced;
NOW, THEREFORE BE IT RESOLVED:
That the Commissioner of Police direct each precinct captain to enforce Section
293-1 of the City Ordinances which pertains to unreasonable noise.
ADOPTED.
No. 164
By: Mr. Pitts
Salary Ordinance Amendment
06 - Department Of Administration & Finance
03-1 Division Of Labor Relations
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 03-1 Division of Labor Relations under the subheading
"001-Labor Relations" which reads:
1 Benefits Manager $27,695 - $30,466
is hereby amended to read:
2 Benefits Manager $27,695 - $30,466
WE, RICHARD PLANAVSKY, Commissioner of Administration and Finance and
THOMAS F. KEENAN, Director of the Budget, hereby certify that the creation of
one (1) Benefits Manager position is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 165
By: Mr. Pitts
City of Buffalo Opposition To the Peace Bridge Authority's Inclusion
of the Centennial Pool Site in its Environmental Impact Study
WHEREAS: he Peace Bridge Authority is currently conducting an
Environmental Impact Study (E.I.S.) to determine the most feasible site for a
proposed truck inspection site. This E.I.S. is being done in order to present
a plan to the United States General Services Administration, and
WHEREAS: One of the sites the Peace Bridge Authority is including as part
of its study is the Centennial Pool Site. The inclusion of this site is being
done by the Peace Bridge Authority with its full knowledge that the City of
Buffalo and users of LaSalle Park are adamantly opposed to it . In fact, the
Peace Bridge Authority has ignored completely the resolutions, and letters
which clearly point out that the Centennial Pool site is not suitable. This
attitude is puzzling and smacks of some contrived effort to mislead the General
Services Administration and/or the City of Buffalo, and
WHEREAS: The Peace Bridge Authority has eliminated such sites as Front
Park, the foot of Porter Avenue, and the Porter Avenue Bridge Head, without a
formal Environmental Impact Study. Various interests and cost analysis were
considered which eliminated the desirability of these locations, and
WHEREAS: it is vital again for the City of Buffalo to reiterate its
vehement opposition to the use of the Centennial Pool area as a truck
inspection station because of its negative impact upon LaSalle Park.
NOW THEREFORE BE IT RESOLVED THAT: The City of Buffalo is adamantly
opposed to the Centennial Pool area being considered even as part of the
present Environmental Impact Study.
FURTHER BE IT RESOLVED THAT: The Common Council hold a Public Hearing to
demonstrate its opposition to the proposed use of the Centennial Pool site on
March 15, 1993 at 7:00 p.m.
BE IT FURTHER RESOLVED THAT: The Common Council request the Corporation
Counsel to legally challenge the Peace Bridge Authority's consideration of the
Centennial Pool site as part of the existing Environmental Impact Study.
ADOPTED.
No. 166
By: Messrs.. Pitts and Fahey
Set Public Hearing Proposed Land Disposition Agreement For A Portion
Of Downtown Renewal Phase II - South East Corner Of Court & Franklin Streets
WHEREAS, Court Tower Group, Inc. and/or other legal entity to
be formed (herein referred to as the ("Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
Downtown Renewal Phase II; and
WHEREAS, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Coon 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
26th 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
9th day of March 1993.
ADOPTED.
No. 167
By: Mr. Zuchlewski
Felicitation-In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Terry McMillan
By Councilmember Amos
Felicitation for Derek Walcott
No. 168
By: M r. 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:
Verneda Day
Maureen Geoghaj
Phelix Harris
Karen M. Jablonski
Stanley J. Nowak
Ellen M. Peinhofer
Jon Tallman
Richard E. McFail
Total 8
ADOPTED.
No. 169
By: r. 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:
William Murphy
Thomas Sands
TOTAL:
ADOPTED.
No. 170
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 23, 1993 9:30 AM
FINANCE Tuesday, FEB 23, 1993
Immediately Following Civil Service
LEGISLATION Tuesday, FEB 23, 1993 2:00 PM
ECONOMIC DEV. Wednesday, FEB 24, 993, 10:00 AM
No. 171
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Bakos the Council adjourned
at 3:05 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
MEETING REPORTED BY LEONARD G. SCIOLINO, COUNCIL AND COMMITTEE REPORTER.