HomeMy WebLinkAbout93-0921
No. 17
Common Council
Proceedings
of the
City of Buffalo
Special Session, September 20, 1993
Regular Meeting, September 21, 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. PerIa, 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. PerIa, 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. Pills, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
PARKS DEPARTMENT OVERSIGHT COMMITTEE:
James W. Pills, 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.
CareIa, 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, September 21, 1993
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Amos, Collins, Coppola, Franczyk, Higgins, LoTempio, Perla, Pitts, and
Zuchlewski- 10.
ABSENT- Bakos, Bel, Fahey- 3.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on September 7, 1993 and the Special Session held on Monday,
September 20, 1993, were approved.
FROM THE MAYOR
No. 1
Veto Results of Negotiations 47 Dempster, S 460' E Bailey
Vacant Lot: 60' x 125'
Item No. 31, C.C.P. 9/7/93
I am hereby vetoing the above item, the sale of a vacant lot at
47 Dempster Street, which is in the Lovejoy Councilmanic district, to Burke
Brothers, Inc. for $2,000.
REASON: In February of 1992, 47 Dempster Street, a city owned vacant lot
in the Lovejoy Councilmanic district, which measures 60' x 125', was offered at
public auction.
The opening bid at that auction for 47 Dempster Street was $3,700. At
that auction a high bid of $8,500 was accepted and a second high bid of $8,000
was made.
At the Buffalo Urban Renewal Agency meeting of August 26, 1993, Love joy
district Council Member, Norman Bakos, stated that he wanted 47 Dempster Street
sold at a public auction to the highest bidder, based upon several calls that
he received from individuals wanting to buy 47 Dempster, for the purpose of
building a market rate single family home on the property.
I recommend that the Common Council review the discrepancy in the market
value of 47 Dempster between February of 1992 and September of 1993.
Also, I recommend that the Common Council abide by the wishes of the
district Council Member, who is acting in the best interest of the city, and
sell 47 Dempster at a public auction to the highest bidder.
Mr. Higgins now moved to override the Mayor's Veto of the Results of the
Private Sale of 47 Dempster (Item No. 31, C.C.P. September 7, 1993).
Seconded by Mr. Amos.
LOST
AYES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, HIGGINS, PERLA, PITTS, ZUCHLEWSKI- 8.
NOES- Amos LOTEMPIO- 2.
No. 2
Certificate of Appointment
Robert A. O'Hara, Commissioner of Public Works
Pursuant to the power vested in me under the provisions of Section
171 and 441 of the Charter of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, Robert A. O'Hara residing at 37 Woodward
Avenue, Buffalo - 14214, Commissioner of Public Works of the City of Buffalo,
effective September 15, 1993.
Mr. O'Hara attended the Pratt Institute from 1959-1962.
Mr. O'Hara was employed by the City of Buffalo -Department of Public
Works as Principal Architect from 1973 -1978. He was subsequently promoted to
the position of Director of Buildings and has served in that capacity from 1978
to the present time.
Based upon his experience and education, I hereby certify that Robert A.
O'Hara is fully qualified to fill the Office of Commissioner of Public Works.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Oppose TCI Cable Rates/Structure
The recent change in rates and services from TCI left Buffalo
customers wanting in their quest for basic service at a lower price in Buffalo
adroitly using the new FCC rules about Cable TV, TCI managed to keep most
customers on expanded basic at a cost of $23.22, if they wish to receive CNN or
ESPN, as an example.
The new FCC Rules required TCI to lower costs of equipment, but does not
prevent them from lowering rates to customers, which they have chosen not to
do.
Therefore, the premises considered, I would ask that your honorable body
solicit proposals from other cable companies, either nearby or outside the
Buffalo area for a second cable system in Buffalo. Under the recent Federal
court decision, you could also contact "Baby Bells", such as NYNEX or Bell
Atlantic for providing a second cable system. As recent articles show, Bell
Atlantic is moving very fast in providing cable in several other cities. With
the promise of greater services available over fiber optic cable, there should
be affordable rates for the citizens of Buffalo and more channels available at
basic cost.
The fastest method of lowering rates will be competition and should be
provided for in any franchise renewal with TCI. There is absolutely no FCC
rule that prevents TCI from offering more basic channels or lower rates. It is
a purely economic decision of TCI. They have taken three channels on basic for
their own purposes. These include Channel 5 for HBO, which they have trapped
out at the subscriber's residence and could remain. The use of Channel 11 for
Disney could be moved to a higher channel or left there, depending on
reasonable changeover costs to TCI and consumer requests. The use of Channel 13
as a promotion channel for TCI simply does not wash. CNN could easily be
placed on 13 by TCI without any great expense to TCI. They also use Channel 19
as a preview channel, so there is no need for them to block 13 from another
basic choice.
Senior citizens who want CNN as a basic choice are forced to pay $13.52
more for this choice, plus about $1.00 more for a convertor box, if their TV
set does not have more than a 13-channel selection. This is outrageous.
Seniors or others on fixed incomes could use this money to better advantage.
It is time to provide Buffalo subscribers with more choice and lower
rates for basic service and I know you certainly want this for the citizens of
Buffalo. The change in the FCC rules allows us more flexibility and control
over the Buffalo cable system and I look forward to working with you to achieve
this.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 4
Orazio's Restaurant - Request to Expand Restaurant
at 1735 Hertel Ave.
Item No. 102. C.C.P. July 20. 1993
The City Planning Board at its regular meeting held Tuesday. September
14, 1993. considered the above request pursuant to Section 511-59 of the
Buffalo Code. The Hertel Avenue District.
The applicant seeks to expand and enclose an existing patio. The proposed
addition would measure 28 1/2 feet in length and 13 feet in width yielding
370.12 square feet of new floor area.
The site is located in the Hertel Avenue Special District which considers
the expansion of eating and drinking places to be restricted uses which require
the approval of your Honorable Body. Three off-street parking spaces are
suggested by the code.
The expansion has been complicated by the facts that the enclosed patio
encroaches the right-of-way of Star in Avenue and that it violates the
transitional side yard requirements of the Buffalo Code (511-30.A.3). The
encroachment has been reviewed and approved by the Department of Public Works
and the Planning Board. The transitional side yard matter has been considered
by the Zoning Board of Appeals at its regular meeting of July 28, 1993 and a
variance has been granted for it. Lastly, under SEQR the proposed restaurant
expansion is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed restaurant expansion.
RECEIVED AND FILED.
No. 5
A. Peterson - Request to Erect A Pole Sign
at 729 Sycamore St.
Item No. 178. C.C.P. September 7. 1993
The City Planning Board at its regular meeting held Tuesday. September
14. 1993, considered the above request pursuant to Section 387-19 of the
Buffalo Code. Review of Pole Signs.
The applicant seeks to place an accessory, illuminated pole sign with a
sign face area of 20 square feet (4 feet by 5 feet) and an overall height of 15
feet.
The site is located in a C2 zone which permits such signage. Under SEQR,
the sign is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the sign as submitted.
RECEIVED AND FILED.
No. 6
Griffith & Post - Request to Place A Ground Sign at
897 Delaware Ave.
Item No. 179, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993, considered the above request pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to erect a 6 foot by 8 foot (48 square feet) non
illuminated accessory ground sign. The sign will be 8 feet in overall height
(inclusive of a 2 foot high brick base).
The sign is located in an R4 zone which does not permit such signs.
Consequently, the applicant has been granted a variance for the sign from the
Zoning Board of Appeals at its meeting of September 8, 1993. The site is also
located in the Linwood Historic Preservation District. The Buffalo
Preservation Board has approved the proposed sign and considers it to be a Type
II action under SEQR which does not require further environmental review.
The Planning Board voted to approve the sign as submitted.
RECEIVED AND FILED.
No. 7
E. Tagliarino - Request To Convert 1140 Delaware To Offices
Item No. 181, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993, considered the above request pursuant to sect ion 511-20 of the
Buffalo Code, Review of Offices in R4 Districts.
The applicant seeks to convert an existing building from a five dwelling
unit multiple dwelling with professional offices to two dwelling units and one
office utilizing two stories. The dwelling units would be located in the
basement and on the third floor. While the office would occupy the first and
second stories.
The site is located in an R4 zone which permits such uses provided that
they are approved by your Honorable Body. Under SEQR, the proposed reuse may
be considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the conversion.
RECEIVED AND FILED.
No. 8
R. Restorff - Request To Place A Pole Sign At
750 Kenmore Ave.
Item No. 182, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Pole Signs.
The applicant seeks to erect an illuminated, accessory, pole sign and
reader board measuring 5 feet by 8 feet or 40 square feet in area. The overall
height of the sign will be 20 feet.
The site is located in an R3 zone which does not permit such signage;
however, the applicant has been granted a variance for the sign by the Zoning
Board of Appeals at its meeting of September 8, 1993. Under SEQR the proposed
sign may be considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 9
H. Dick - Request To Place A Ground Sign At
2549 Main Street
Item No. 183, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993, considered the above request pursuant to Section 387-19 of the
Buffalo Code, Review of Ground Signs.
The applicant seeks to replace an existing accessory ground sign which is
parallel with Main Street with a 6 foot by 2 foot illuminated ground sign which
will be at right angles to Main Street.
The sign is located in a C1 zone which does not permit such signage;
however, the applicant has been granted a variance from the Zoning Board of
Appeals at its meeting of September 8, 1993. Under SEQR the proposed sign may
be considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 10
Jordan Supply - Request To Place A Billboard Sign
At Rear Of 400 Smith St.
Item No. 184, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Billboards.
The applicant seeks to place a non illuminated billboard sign at the rear
of 400 Smith Street near the Thruway. The sign will measure 40 feet in height
and will have a sign face of 672 square feet (14 feet by 48 feet).
The sign is located in an MI zone which permits such non accessory signs.
Under SEQR the sign may be considered an unlisted action which can be studied
through uncoordinated review.
The Planning Board voted to approve the proposed non accessory sign.
RECEIVED AND FILED.
No. 11
S. Travis - Request To Place A Pole Sign At 881 William St. (corner Fillmore)
Item No. 185, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Ground Signs.
The applicant seeks to erect an illuminated, accessory pole sign with a
face area of 48 square feet (6 feet by 8 feet) and an overall height of 21
feet.
The sign will be located in an MI zone which permits such signage. Under
SEQR the proposed sign is considered a Type II action which does not require
further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 12
Tops Market Inc. - Request To Extend Restricted Parking Lot Into an R3 zone at
401-409 Niagara Street
Item No. 186, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 511-98 of the Buffalo
Code, Restricted Parking Lots in Residential Zones.
The applicants seek to add a 24-car lot to their existing lot on Niagara
Street. The new lot will extend to Prospect Avenue and will be landscaped with
a grassed area which respects the existing front yards on that street. A
wooden stockade fence will screen the lot from Prospect Avenue. Furthermore, a
pedestrian walkway connecting the existing parking lot with the area residents
will remain and be incorporated into the new lot configuration. The expanded
lot will allow for a new entry for the lot on Niagara Street and will terminate
the present joined ingress and egress to the lot on Niagara Street. The new
separated ingress and egress will alleviate the dangerous condition which has
existed on the site. The lot's addition to the present parking lot will
surround the owner of 286 Prospect. The applicant, however, has informed the
Board that this is acceptable to the present owner of the property.
The site is located in an R3 zone which permits such restricted parking
facilities but only upon the approval of your Honorable Body. Under SEQR the
proposed lot is considered an unlisted action which may be studied via
uncoordinated review.
The Planning Board voted to approve the proposed lot.
RECEIVED AND FILED.
No. 13
Paradise Opportunities Inc. - Request To Use 144 Mills Street for a Halfway
House
Item No. 168, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 511-94 of the Buffalo
Code, Review of Halfway Houses.
The applicant seeks to use the former rectory of Transfiguration Church
to house paroled women, and their children if applicable, in transition from
prison to society.
Halfway houses are permitted in any zoning district but must be approved
individually by your Honorable Body. In reviewing such facilities the Board
considers concentration of similar community housing, the impact of the
proposed halfway house on the neighborhood, and the nature of the halfway
house's program.
In this instance, the proposed halfway house does not form a pattern of
concentration with similar facilities. Furthermore, the applicant has informed
the Board that they have met with the neighborhood and have gained its support.
Lastly, the program is highly structured and supervised by permanent staff
members.
Under SEQR the proposed halfway house is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the halfway house as presented.
RECEIVED AND FILED.
No. 14
Ultimate Auto Service - Request to Encroach Right-Of-Way With Sign at 2151
Niagara Street
Item No. 69, C.C.P., September 7, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant seeks to install a 6 foot by 4 foot yard-arm type sign
attached at right angles to the building face. Since the building is built on
the property line the sign will encroach 6 feet into the right-of-way.
The site is located in a CM zone which allows yard-arm signs. The
Department of Public Works has recommended that your Honorable Body grant the
applicant a mere license for the encroachment. Lastly, under SEQR the proposed
sign is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 15
R. Rozwadowski - Request To Encroach Right-Of-Way At 1735 Hertel (corner
Starin) With Enclosure
Item No. 42, C.C.P., June 22, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Encroachment Regulations.
The applicant seeks to encroach the right-of-way of Starin Avenue (corner
1735 Hertel Avenue) with an enclosed patio. The patio will measure 28 1/2 feet
in length and 13 feet in width. Eight and a half feet of the width will
encroach the right-of-way of Starin Avenue.
Question arose over the encroachment's violation of the transitional side
yard requirement set forth in Section 511-30,A.3 of the Buffalo Code.
Consequently the Board decided to defer its recommendation until the Zoning
Board of Appeals could review the matter. On July 28, 1993 the Zoning Board of
Appeals approved the encroachment into the transitional yard. Moreover the
Department of Public Works has recommended that your Honorable Body grant a
"mere license" for the encroachment. Under SEQR the proposed patio may be
considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 16
S. Palmer - Petition Against Removal Of Grass And Shrubs From Elmwood Parish
Commons
Item No. 104, C.C.P., July 20, 1993
The City Planning Board at its regular meeting held Tuesday, September
14, 1993 considered the above request pursuant to Section 317.1 of the City
Charter, Referable Matters to the City Planning Board.
The City Planning Board strongly supports the petition submitted by S.
Palmer and others opposing the removal of the landscaping from the east side of
Elmwood Parish Commons for additional parking.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE PRESERVATION BOARD
No. 17
Waterfront Urban Renewal Plan
Crossroads Arena Draft Environmental Impact Statement (DEIS)
Historic Preservation District Designation
At its meeting September 16, 1993, the Buffalo Preservation Board,
in order to mitigate significant adverse impacts associated with the
construction of the Crossroads Arena, unanimously supports the designation of
an historic preservation district in an area bounded by Perry Street on the
north, Columbia Street on the east, South Park Avenue on the south and Main
Street on the west.
This area includes the portions of the following streets running north
and south between Perry Street and South Park Avenue: Washington, Indiana,
Illinois, Mississippi and Baltimore.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 18
General Electric Plant
The Environmental Management Commission wishes to convey to your
Honorable Body its ongoing concern about the abandoned General Electric plant
on Fillmore Avenue.
The Commission must point out that the lack of timely attention to
immediate problems at the GE plant poses ongoing dangers. If the City is unable
to deal with these problems, then the offer of the New York State Department of
Environmental Conservation to provide interim assistance should be accepted
before events worsen the situation.
The Commission notes that the overall history of the management of this
problem site indicates serious inadequacies in the way the City handles
hazardous waste sites. Were it not for the fortuitous involvement of concerned
citizens, the Comptroller, members of the Common Council, and the State
Department of Environmental Conservation, this site would likely have been
handled in a way which might well have increased danger to the public, would
likely have further obscured the evidence necessary for recovery of the
hundreds of thousands of dollars available to the City under mechanisms of
State and local law, and would likely have cost the City many hundreds of
thousands of dollars more than necessary.
The fact that it was possible for the City to proceed with contracting
for demolition and limited hazardous waste management without full attention to
the complex waste problem at the site and without apparently contacting
previous site owners regarding cost recovery is indication of a serious lack of
necessary coordination in the way the City handles these expensive and
dangerous problems.
The Commission considers the problems with this site not so much the
responsibility of any one unit of City government than they are the result of a
general ongoing failure to attend to the recommendations offered by the City of
Buffalo Hazardous Waste Task Force. The Commission respectfully states its
continuing view that ignoring the Task Force's recommendations will continue to
needlessly endanger the environment, the health of our citizens, and the
treasury.
Regarding the GE site specifically, the Commission strongly supports the
request made by the Common Council that both the Corporation Counsel and the
Department of Inspections and Community Revitalization act so as to utilize
available City ordinances for the recovery of the City's management costs. At
the same time, it is very important that physical actions rapidly begin on site
to protect citizens, the environment, and the City's financial position. An
acceptable method of proceeding on site has been outlined and it needs to be
followed.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 19
Certificate of Necessity
Transfer of Funds
Exempt Items - Water
Capital Outlay - Water
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $11,171 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, September 13, 1993
RECEIVED AND FILED.
No. 20
Certificate of Necessity
Transfer of Funds
Division of Budget and Management
Division of Engineering
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $50,000 be transferred and reappropriated from the Division of
Budget and Management, as set forth below:
Dated: Buffalo, NY, September 15, 1993
RECEIVED AND FILED.
No. 21
Certificate of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Division of Engineering
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $33,000 in the estimates for the fiscal year beginning July 1, 1993
is necessary in Appropriation Allotments - Division of Engineering to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-050 -
Fund Balance Reserve for Capital Budget Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, September 10, 1993
RECEIVED AND FILED.
No. 22
Dismiss Demolition Costs and Liens at 186 Fourteenth St.
Item # 232, C.C.P. 9-7-93
In repeated past communication, Corporation Counsel has referred
to demolition costs, property liens and back taxes as public funds and, as
such, can not be forgiven.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Appointment- Paralegal Assistant
Item #19, C.C.P. 7/20/93
Please be advised that the rationale behind appointing Ms. Palka
at the intermediate step in salary grade is predicated on her comprehensive
experience in the Paralegal fields. Attached for your consideration is Ms.
Palka's resume which this office feels is supportive of our request in this
matter.
Please further consider that she did not require any extensive training
and was capable and productive at the beginning in her new title.
RECEIVED AND FILED.
No. 24
Renew Lease Agreement Between the City of Buffalo and Research Institute on
Alcoholism N Side Goodrich 205' E Main St (as indicated on attached map)
Item No. 30, C.C.P. 5/24/88
Pursuant to Items No. 30, C.C.P. 5/24/88, Your Honorable Body
approved the renewal for the use of City-owned property located at the North
side of Goodrich, 205' East of Main Street, between the City of Buffalo and
Research Institute on Alcoholism for a five year period commencing on October
1, 1988, and expiring on September 30, 1993.
This office has received a request from the Research Institute on
Alcoholism indicating their willingness to exercise their five year option to
renew said lease agreement, commencing October 1, 1993 and ending September 30,
1998. The annual rental to be charged is Two Hundred Thirty-Five Dollar
($235.00) per year.
Therefore, I am recommending that Your Honorable Body approve the request
of Research Institute on Alcoholism to renew their current lease agreement for
five years under the same terms and conditions. I am further recommending that
the Corporation Counsel be authorized to draw the necessary renewal agreement
and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 25
Certificate of Appointment
Appointment effective August 30, 1993 in the Department of Audit
and Control, Division of Data Processing, Darlene Folger, 1392 Sycamore,
Buffalo 14220, to the position of Senior Data Processing Equipment Operator,
Permanent, at the Maximum starting salary of $ 26,995.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 26
Park Lane
Request Tax Break Due to Construction
Item No. 169, C.C.P. 9/7/93
While the Department of Assessment does appreciate the inconvenience
to the Park Lane Restaurant caused by the road construction on Delaware Avenue
at Gates Circle, the Department of Assessment cannot, by law, grant a reduction
in property taxes for the current tax bill for fiscal year 1993-94.
If the Park Lane Restaurant feels the market value of the property has
been reduced because of this occurrence, they have legal recourse whereby they
can file a grievance with the Board of Assessment Review, in the month of
December 1993, requesting a hearing. At the time of hearing, the Park Lane
Restaurant must show the Board of Assessment Review, in the form of income and
Expense statements for recent past years, that the income for the 1993 fiscal
year was severely impacted by the road construction thereby reducing the market
value of the property. The Board of Assessment Review can then determine if
the assessed value of the property should be reduced for the 1994-95 tax year.
Complaint forms will be available at the Department of Assessment, Room 101
City Hall after December 1, 1993 and must be filed with this department no
later than December 31, 1993.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
W. Matt- Protest Non-Homestead Tax Rate
Item No. 63, C.C.P. 6/8/93
In my communication of June 24, 1993 to Your Honorable Body, I
referred to the New York State Real Property Law, Section 1903, No. 4 (B & C)
which allows a local assessing jurisdiction to shift a portion of the tax levy
from the non-homestead category to the homestead category. Using the current
1993-94 tax levy and tax rates, I have set forth in the following schedule the
percentages of shift of the City tax levy permissible under the New York State
Real Property Tax Law, Section 1903, No. 4 (B & C). Your Honorable Body can
enact any one of the percentages as set forth in the schedule below or leave in
place the current base portion percentages which were used to develop the
current 1993-94 tax rates.
Property Property
Tax Rates Tax Rates
Homestead Non-Homestead
The 1993-94 Current Real Property Tax Rates:
$15.68 $36.85
Percent Shift 10% 16.34 35.44
Dollar Change + .66 - 1.41
Percent Shift 20% 17.02 34.00
Dollar Change + 1.34 - 2.85
Percent Shift 25% 17.36 33.28
Dollar Change + 1.68 - 3.57
Percent Shift 30% 17.70 32.56
Dollar Change + 2.02 - 4.29
Percent Shift 40% 18.38 31.12
Dollar Change + 2.70 - 5.73
Percent Shift 50% 19.06 29.67
Dollar Change + 3.38 - 7.18
Percent Shift 60% 19.74 28.24
Dollar Change + 4.06 - 8.61
Percent Shift 70% 20.43 26.79
Dollar Change + 4.75 - 10.06
Percent Shift 75% 20.77 26.07
Dollar Change + 5.09 - 10.78
Percent Shift 80% 21.11 25.35
Dollar Change + 5.43 - 11.50
Percent Shift 90% 21.79 23.90
Dollar Change + 6.11 - 12.95
Percent Shift 100% 22.47 22.47
Dollar Change + 6.79 - 14.38
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Certificate of Appointment
Appointment effective September 10, 1993 in the Department of
Assessment David J. Adamski, 703 Smith Street, Buffalo NY 14206 to the position
of Senior Tax Clerk, Temporary, at the Intermediate starting salary of $
23,669.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 29
Certificate of Appointment
Appointment effective September 10, 1993 in the Department of
Assessment Cynthia L. Walczak, 68 Hilton Street, Buffalo NY 14212, to the
position of Senior Tax Clerk, Permanent, at the Maximum starting salary of
$24,361.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 30
Certificate of Appointment
Appointment effective September 10, 1993 in the Department of
Assessment Cheryl A. Yeates, 65 Frontenac Avenue, Buffalo NY 14216, to the
position of Senior Tax Clerk, Permanent, at the Maximum starting salary of
$24,361.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 31
Cancellation of a Self-Service Laundry
and/or Dry Cleaner's Bond
It is hereby certified that the following bond is hereby cancelled
as of the above date because it has been replaced with a new bond through The
Aetna Casualty and Surety Company.
Bond Principal: James Brady d/b/a Sheree's Laundromat
Location: 1393 Fillmore Avenue
By: Western Surety Co.
Amount: $2,000
Bond# 58339151
Said bond described is hereby released and cancelled as to future
liability in accordance with the provisions of Section 47 of the Charter as
amended.
RECEIVED AND FILED.
No. 32
Report of Bids
Valve and Hydrant Replacement in Genesee Street from Jefferson Avenue to
Fillmore Avenue
As authorized by your Honorable Body in item No. 25 of June 23,
1993 plans and specifications were prepared and sealed proposals accepted for
Valve and Hydrant Replacement in Genesee Street from Jefferson Avenue to
Fillmore Avenue.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Thursday, August 19, 1993:
Kandey Company, Inc.
19 Ransier Road
West Seneca, New York 14224 $207,050.00
Mar-Wal Construction
440 could Avenue
Depew, New York 14043 $229,580.00
Pinto Construction
51 Perry Street
Buffalo, New York 14203 $234,966.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Kandey Company, Inc. is the lowest responsible
bidder for Genesee Street Valve Replacement Project from Jefferson to Fillmore
Avenue with their bid of $ 207,050.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Kandey Company, Inc.
for the above work in the amount of $ 207,050.00 and same be charged to the
Division of Water's 416-982-007 account.
The Engineer's estimate for this work was $250,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Bids - Repair of Watercuts for the
Division of Water 1993-1994
This is to advise your Honorable Body that I have advertised and
received bids on September 8, 1993 for Repair of Watercuts for the Division of
Water 1993-1994.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Thomann & Loewer Asphalt Paving Corp.
340 Harris Hill Road
Williamsville, New York 14224 $ 190,200.00
Cedar Wrecking & Salvage, Inc.
6435 Transit Road, PO Box 237
Rock Hill, New York 12775-8000 $ 240,896.00
Amherst Paving, Inc.
330 Meyer Road
Amherst, New York 14226 $ 246,115.00
ABC Paving Company, Inc.
2544 Clinton Street
Buffalo, New York 14224 $ 416,525.00
I hereby certify that the lowest responsible bidder for the above project
is Thomann & Loewer Asphalt Paving Corp.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to Division of Water's account, 416-980-060, in an
amount not to exceed $190,200.00 plus approved unit prices not to exceed an
additional amount of $59,800.00 for a total award of $250,000.00.
The Engineer's estimate for this work is $250,000.00.
The attached is certified to be a true and correct statement of the two
lowest bids received. Under provisions of the General Municipal Law, any of
the bidders may withdraw his bid if an award of the contract is not made by
October 25, 1993. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Change in contract - Change Order #1 Reconstruction Jewett Avenue Bridge
Contract #91726400
M. Falgiano Construction Company
Item No. 29, C.C.P. 06/22/93
Item No. 31, C.C.P. 07/20/93
I hereby submit to your Honorable Body the following lump sum
increase to the contract.
In order to reimburse Conrail for anticipated costs incurred with the
above named project, the Department of Public Works had set aside the lump sum
amount of $50,000.00 in this contract.
However, we have since received a detailed force account estimate from
Conrail in the amount of $127,000.00
Also, since construction has started there has been a scope of work
change by Conrail, at an estimated additional increase of $23,000.00. Eighty
percent of this contract is reimbursable from the State of New York.
Current Summary
Original Contract Amount $818,818.00
Change Order #1 $100,000.00
(this change order)
Total $918,818.00
This work will require no extension of time. The second low bidder for
this contract was Nichols, Long & Moore, in the base bid amount of $847,176.75.
I respectfully certify that this change order is fair and equitable for
the work involved and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to M. Falgiano Construction Company.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Change in Contract
Kleinhans Music Hall
Plumbing Reconstruction
I herewith submit to Your Honorable Body the following change
in contract for the Plumbing Reconstruction, Kleinhans Music Hall, A. Gareleck
& Sons, Inc., C #91686200:
1. Insulate existing storm conductors after Add $650.00
asbestos removal.
2. Replace floor drain and trap in boiler Add 530.00
room.
3. Extend vent and clean out house trap to Add 504.00
grade at Livingston Room exterior ramp.
4. Revise trenchway drain. Add 480.00
The foregoing results in a net increase in the contract of Two Thousand
One-Hundred Sixty-Four and 00/100 Dollars ($2,164.00).
Summary: Original Amount of Contract $53,883.00
Change Order #1 (CCP 2/16/93; Item 32) Deduct 1,437.00
Change Order #2 (CCP 7/20/93; Item 38) Add 950.00
Amount of This Change (#3) Add 2,164.00
Revised Amount of Contract $55,560.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-068 -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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Permission To Hire Consultant For Reopening of Niagara Thruway Exit To Porter
Avenue
Item No. 163, C.C.P. 06/22/93
I am requesting your Honorable Body's Authorization to enter into
a contract with a consultant to provide an "Interchange Justification/Access
Modification Report" for reopening the Niagara Thruway exit to Porter Avenue.
Funds for this study are available in the Capital Planning Contingency
Account.
Mr. Higgins moved:
That the communication from the Department of Public Works, dated
September 15, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
enter into a contract with a consultant to provide an "Interchange
Justification/Access Modification Report" for reopening the Niagara Thruway
exit to Porter Avenue, with said costs for this study to be available in the
Capital Planning Contingency Account, said amount not to exceed fifty thousand
dollars ($50,000.00).
PASSED.
AYES- 10 NOES- 0.
No. 37
Tax Break Due To Delaware Avenue Reconstruction
Attached please find the letter from Angelo E. PeFanis to Councilmember
Eugene Fahey, dated July 14, 1993, and the letter from Councilmember Eugene
Fahey to Commissioner Comerford.
Also attached is the response from the consulting engineer Bettigole,
Andrews & Clark who are supervising the Delaware Avenue Project.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Restaurant-Dancing Class III 1255 Broadway
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 1255 Broadway and find that as to form it is correct. I have caused
an investigation into the premises for which said application for
Restaurant/Dancing Class III License is being sought and according to the
attached reports from the Fire Department and the Building Inspector, I find it
complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Richard Hejza. The report from the Police Department recommending
approval is attached hereto.
In consideration of the application of:
Richard Hejza D/B/A
Hard Time Inn
1255 Broadway
Buffalo, New York 14212
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 39
Restaurant-Dancing Class IV 2186 Seneca
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class IV
located at 2186 Seneca and find that as to form it is correct. I have caused an
investigation into the premises for which said application for
Restaurant/Dancing Class IV License is being sought and according to the
attached reports from the Fire Department and the Building Inspector, I find it
complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Richard Wright. The report from the Police Department
recommending approval is attached hereto.
Richard Wright d/b/a
Sky Room
2186 Seneca St.
Buffalo, NY
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Encroachment; Cathedral Park
Children's Play Area
Mr. James Natali, Director of the Buffalo ACCESS Center, located
at 290 Main Street, has requested permission to install a fenced children's
play area in Cathedral Park which adjoins St. Paul's Cathedral.
The proposed play area would measure 80 feet in length, 30 feet in width,
and be located in the Southwest portion of the park.
The Department of Public Works has reviewed Mr. Natali's and the Buffalo
ACCESS Consortium's application and has no objection to Your Honorable Body
authorizing the Commissioner of Public Works to issue a "Mere License" for said
installation provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the fence be temporary in nature and can be easily removed.
3. That the applicant be responsible for maintenance of the fence and
play area.
4. That the applicant supply the Department of Public Works with an
owners protective insurance policy, naming the City of Buffalo and the Board of
Education as insured, in the amount of one million dollars.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 41
125 Broadway; Awning Within Right Of Way
Ms. Joan Holzman, owner of Print Plus, located at 125 Broadway,
has requested permission to install an awning which would encroach City right
of way at said address.
The proposed awning would measure 30 feet in length, 5 feet in height,
and project 2 feet from the building face into City right of way.
The Department of Public Works has reviewed Ms. Holzman's application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
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 construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 42
Reopening the Continental
Item No. 198 C.C.P. 7/20/93
Attached please find a copy of the letter that was sent to Mr.
Romanczyk's attorney which explains the status of the Continental Club's
applications for the licenses that are required to operate in the City of
Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 43
Bflo. Skating Club - Request Ice Time at City Rinks
Item #155, C.C.P. 9/7/93
We have already been in contact with Ms. Roetter concerning ice
time for the Buffalo Skating Club. Arrangements are being made to have them
rent ice at the Lafayette Rink on Thursday evenings. As you may well know,
weekends at all our rinks are booked with our youth hockey associations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Oppose Expansion Hennepin Community Center
#190, C.C.P. September 7, 1993
It is my understanding that no further action will be taken by,
the Administration until a consensus is reached with this for and against.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Pollutro - Parking Hazard at Bennett Beach
Item #172, C.C.P. 9/7/93
Attached for your information is an incident report filed by our
supervisor at Bennett Beach. Our contention is that the person should not have
driven over the elevated sewer line to begin with.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 46
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copies of the following checks:
8155-00094805 $ 1,502.80
8155-00094964 2,239.90
8155-00095290 2,167.10
8155-00095299 12,000.00
8155-00095293 1,679.60
8155-00094965 6,158.75
8155-00095149 3,219.65
8155-00094958 1,794.33
8155-00094938 13,770.00
8155-00094937 702.10
8155-00094936 720.80
8155-00094935 1,218.90
8155-00094939 666.40
8155-00094809 9,010.00
8155-00094806 1,991.55
Total $ 58,841.88
These checks were received by this Department and duly deposited in Trust
& Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 47
Disposal of Riot Helmets
I respectfully request to dispose of approximately 250 old riot
helmets. We are unable to use them as they do not meet OSHA or DOT safety
standards. These helmets were purchased by the City sometime in the mid
1960's. By disposing of these helmets we would be better able to utilize that
storage area, as we are quickly running out of space in the Uniform Supply
Office.
Mr. Higgins moved:
That the communication from the Department of Police, dated August 30,
1993, be received and filed; and
That the Commissioner of Police be, and he hereby is, authorized to
dispose of approximately 250 old riot helmets.
PASSED.
AYES- 10 NOES- 0.
FROM THE COMMISSIONER OF FIRE
No. 48
M. Jackson - Opposition To The Extension
Of Erskine Avenue
Item No. 188 C.C.P. 09/07/93
The information I received on this mater was insufficient for
me to act upon. I drove the area, but could not determine where the extension
was.
RECEIVED AND FILED.
No. 49
Sell Obsolete Fire Aerial Ladder To Fire Historical Society
The Buffalo Fire Department is scrapping a 1970 American La France
aerial ladder which is obsolete and without a transmission. All usable parts
have been removed.
The Buffalo Fire Department Historical Society is interested in obtaining
this apparatus to retain as part of the Departments history.
I am requesting that the usual bid system be waived and that the Buffalo
Fire Department Historical Society be allowed to purchase this piece of
apparatus for the fair market price of $500.00.
This price was reached after consulting with both the Supt. of Fire
Vehicles and the Purchase Department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Parking Restrictions on Woodlawn Avenue Between Masten and Michigan Avenues
Item No. 189 C.C.P. 09/07/93
The Buffalo Fire Department has no objection to restricting the
parking to one (1) side of Woodlawn Avenue. If permission is granted, I would
prefer that parking be allowed on the north side of the street, as fire
hydrants are located on the south side.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 51
Medical Coverage - Workers Compensation
Item No. 35. C.C.P. September 7, 1993
The Department of Law is reviewing the referenced matter and will
report to Your Honorable Body when the review is complete.
RECEIVED AND FILED.
No. 52
Bids - Delaware Meadow Pathway
(Item No. 59, C.C.P., July 20. 1993)
Your Committee on Finance has asked for an opinion concerning
the Common Council's powers relating to the layout of the running path in
Delaware Park which is the subject of the referenced report of bids. For safety
and other reasons, the Commissioner of Parks has asked that the course of the
path follow the perimeter of the Ring Road. The Delaware Park Steering
Committee recommends that the path depart from the perimeter of the Ring Rood
at the location of the former lily pond. The Committee asks that the Common
Council require the City of Buffalo to choose Alternate No. 1 as reported in
the referenced bids. The Commissioner of Parks opposes this recommendation
Section 202 of the Charter provides that the Commissioner of Parks shall
have the care, control, management and maintenance of all public parks..."
Under Section 33(11) of the Charter the Common Council has the power to
regulate the use of the parks. The question is whether the Common Council can
overrule the wishes of the Commissioner of Parks concerning the layout of the
path.
While the Common Council may regulate the use of the parks, the
Commissioner of Parks has much broader and inclusive powers and duties to care
for, control, manage and maintain the parks. It is my judgement then that the
Charter gives to the Commissioner of Parks the discretion to determine the
course of the jogging path.
I would note, however, that while the layout is the Commissioners
responsibility, the Common Council retains the right to approve or not approve
the reported bids.
RECEIVED AND FILED.
No. 53
Park Lane Claims
(Item No. 169, C.C.P., September 7, 1993)
The Park Lane makes various claims concerning loses it alleges
were the result of the reconstruction of Delaware Avenue. The City of Buffalo
Code provides that claims of loss attributable to the City should be commenced
by filing a notice of claim. As to real property taxes, the real property tax
law provides the established procedure for contesting the fairness and legality
of assessments and taxation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Buffalo Skating Club
Ice Time At City Rinks
Item # 155, C.C.P., Sept. 7, 1993
Depending upon the nature and details of the proposal, there should
be no legal impediment to the Buffalo Skating Club contracting with the City of
Buffalo for ice time and similar accommodations such as any other club or
association has done in the past.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Lease Purchase Agreement
CES-WAY International
Item No. 12, C.C.P., July 20, 1993
The Department of Law is reviewing and contributing to the drafting
of both the referenced lease and its underlying operation agreement. We will
report to your Honorable Body with recommendations when this process is
complete.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 56
EAF- 144 Mills
Item No. 168, C.C.P., September 7, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Higgins moved:
That the communication from the Commissioner of Community Development,
dated September 14, 1993, be received and filed; and
That "Paradise Opportunities Inc." - Request to convert 144 Mills into a
Halfway House" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment form (EAF) on this item which
has been completed by the applicant (Part 1) and by the City Planning Board
(Part Il); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 57
EAF- 1140 Delaware Avenue
Item No. 181, C.C.P., September 7, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Higgins moved:
That the communication from the Commissioner of Community Development,
dated September 14, 1993, be received and filed; and
That "E. Tagliarino - Request to convert office space at 1140 Delaware
Avenue" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council
has evaluated an Environmental Assessment form (EAF) on this item which has
been completed by the applicant (Part 1) and by the City Planning Board (Part
II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 59
EAF- 400 Smith Street
Item No. 184, C.C.P., September 7, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Higgins, moved:
That the communication from the Commissioner of Community Development,
dated September 14, 1993, be received and filed; and
That "Jordan Supply Co. - Request to place a billboard sign at 400 Smith
Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council has
evaluated an Environmental Assessment Form (EAF) on this item which has been
completed by the applicant (Part 1) and by the City Planning Board (Part Il);
and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part Il and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 59
EAF- 401 Niagara Street
Item No. 186, C.C.P., September 7, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Higgins, moved:
That the communication from the Commissioner of Community Development,
dated September 14, 1993, be received and filed; and
That "Tops Market - Request to extend restricted parking in an R3 zone"
is an unlisted action as defined in 6 NYCRR Part 617.2. The Common Council has
approval power over this item, and is therefore an involved agency as defined
in 617.2. As part of an uncoordinated review, the Common Council has evaluated
an Environmental Assessment form (EAF) on this item which has been completed by
the applicant (Part I) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 60
Time Extension Broadway Market Parking Ramp
Contract #91700500
On June 3, 1993, we entered into contract with Patterson-Stevens,
Inc. of 400 Sawyer Avenue, Tonawanda, New York for repairs to the Broadway
Market Parking Ramp. All work was to be completed by September 6, 1993.
Due to delays in the delivery of materials and additional work ordered
for Skylight repairs, we request permission to extend the contract until
October 1, 1993.
RECEIVED AND FILED.
No. 61
Community Development Hearing Transcript For Crossroads Arena
Pursuant to your office's instructions, enclosed for filing for
public inspection purposes are four (4) copies of the transcript of the July
29, 1993 public hearing held in Room 901, Buffalo City Hall, relative to the
Crossroads Hockey Arena project. A copy of the transcript should be made
available to anyone who wishes to review it.
RECEIVED AND FILED.
No. 62
Newburgh Patrol Coalition
Favor Park Restoration
Item No. 162, C.C.P. 9/7/93
The Department of Community Development has reviewed the item
outlining improvements at Lang-Weber Field, with the Parks Department, and will
proceed with one exception. The plan requested privacy fencing adjacent to 40
Weber Avenue. Nowhere in the City of Buffalo Parks system has privacy fencing
been installed, due to security and maintenance concerns.
This Department will proceed with the requested design and begin the
requirements for the sale of the Capital Project Funds. The $150,000 should be
available in February of 1994 and construction is proposed for the late spring
to mid summer of next year.
Hopefully this reply addresses your concerns.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 63
Request for Additional Information
Appt. Marketing Mgr. (Inter)
Item #127, C.C.P. 9/7/93
This is in response to your request for additional information
in regard to Item #127, CCP 9/7/93, Appoint Marketing Manager, The intermediate
salary rate. Apparently concern has been expressed as to this department's
need for the position. The job title was added to the Inspections & Community
Revitalization salary ordinance when your Honorable Body approved the 1993/94
Salary Ordinances. At that time, the appointee's prior position, Senior
Administrative Assistant, was left in the Ordinance with the notation "V.V.
only", since there is no intent to fund both titles simultaneously. The
specifications which have been approved by the Municipal Civil Service
Commission for the job title are attached for your information and reference.
Although the specifications include reference to the Buffalo Municipal Housing
Authority you will note clear reference as well to the various functions which
apply to this department, for example, "developing and coordinating marketing
plan(s) for subsidized rehab and new construction housing programs, targeting
developers/builders interested in new housing developments or property
rehabilitation, performance of a wide range of administrative duties, including
budget preparation, preparation of press/news releases, brochures,
advertisements (Requests for Proposals, and Affirmative Marketing Plans for
grant application purposes), meetings with representatives of community based
organizations, lending institutions, Federal and State Agencies such as U.S.
Department of HUD, State Division of Housing and Community Renewal and State
Affordable Housing Corporation, builders and developers regarding proposals for
new housing development/property rehabilitation", i.e., all functions with
which the appointee is already very much involved on a routine basis. In view
of the above, and this department's involvement with revitalization functions,
the position is appropriate and will facilitate the expansion of our delivery
of new construction housing programs and rehab dollars. I trust this will
satisfy your inquiries and concerns.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 64
Certificate of Appointment
Appointment effective September 13, 1993 in the Department of
Administration & Finance, Division of Labor Relations, Barbara A. Slominski,
115 Academy Road, Buffalo, New York 14211, to the position of Absentee
Investigator, Permanent at the maximum starting salary of $27,110.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 65
Update CNG Conversions
Item No. 196, C.C.P., 7/20/93
Please be advised that the Department of General Services has
presently converted thirteen (13) vehicles. (Below)
Streets S-227
Water W-147
Parks PK-9201
PK-9202
Buildings B-47
Engineering E-581 E-593
E-576 E-583
Administration & Finance AF-9201
AF-9202
AF- 9203
Fire F-149
We are currently awaiting the State's approval and release of funds for
computerizing this program. Statistics will be available upon computerized
program.
No commercial tanks are available within city limits at this time.
RECEIVED AND FILED.
FROM THE CITY COURT
No. 66
City Wide Bldgs. Stress Testing
I am in receipt of a letter from you dated September 8, 1993 together
with a copy of a Resolution dated September 7, 1993. The Resolution asks that
I file an opinion as to the practicality of contracting with a Building and
Structure Material Characterization Specialist to perform city-wide stress
testing of certain buildings to assure compliance. In the light of what has
happened this year with regard to falling structures, I certainly am in favor
of such a program conducted firstly under City of Buffalo auspices and with no
additional cost to the City or its taxpayers. One should certainly ask for the
opinion of the Corporation Counsel as to the legal ramifications of such a
program and how such a program could be undertaken by the present personnel and
expertise of the City. Also, it would seem that the Council should seek the
input of Commissioner Joseph Schollard, Director of Inspections Brian Hayden,
Commissioner of Public Works David Comerford, Comptroller Joel Giambra and the
Real Estate Division of the Comptroller's Office since your Resolution seems to
pertain to all "City Buildings".
The Resolution seems to pertain to a "Building and Structure Material
Characterization Specialist" and I am not certain whether this is a separate
specialty. One would have to ascertain whether this particular wording
envisions an area of expertise in the engineering or architectural field or
whether such wording would embrace a division of the City where employees have
such expertise.
In any event, as you know, it has been my opinion, that a systematic
inspection of such facades should be undertaken immediately to protect the
public. It is my further opinion that such a program, however structured,
should be at the least expense to the taxpayers and the public.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 67
Notice of Hearing
Naming the Tifft Playfields as the George Hartman Fields
(Item No. 229, C.C.P. Sept. 7, 1993)
I hereby inform you that a public hearing has been scheduled to
be held before the Common Council at its Regular Meeting on Tuesday, September
21, 1993, at 2:00 P.M. in the Council Chamber. The notice of hearing was
published in the Buffalo News on Friday, September 10, 1993, and on Friday,
September 17, 1993, and copies of said publications are attached hereto.
RECEIVED AND FILED.
No. 68
Take From the Table
Naming Tifft Playfields as the George Hartman Fields
(Item No. 229, C.C.P. Sept. 7, 1993)
Mr. Higgins moved that the above item which is the subject of
a hearing scheduled for this day before the Common Council, is hereby taken
from the table, and is now before the Common Council for its consideration.
Seconded by Mr. Pitts.
ADOPTED.
No. 69
Hearing
Name Tifft Playfields the "George J. Hartman Fields"
(Item No. 229, C.C.P., September 7, 1993)
Mr. Higgins moved that the above Item is properly before the Common
Council and the hearing be opened.
CARRIED.
Mr. Higgins moved that the hearing be closed.
Carried.
Mr. Higgins moved that this Common Council, after holding the required
public hearing, hereby names the Tifft Playfields the "George J. Hartman
Fields" and the City Clerk be and hereby is directed to notify the proper
authorities by certified copy as required by Section 286-5 of the Code of the
City of Buffalo.
Seconded by Mrs. LoTempio.
PASSED.
AYES- 10 NOES- 0.
No. 70
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state, beginning 2:00 P.M., Wednesday, September
8, 1993 and ending 11:00 P.M., Sunday, September 12, 1993.
RECEIVED AND FILED.
No. 71
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Fire - Lt. Keith B. LoCicero
RECEIVED AND FILED.
No. 72
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- Holly McNamara, Mark A. Talowski
Street Sanitation- Michael LaPorta
Administration and Finance- Barbara A. Slominski
Human Resources- Kelli A. Blakely, Peter Juliano
RECEIVED AND FILED.
No. 73
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 74
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Higgins moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective September 7, 1993 in the Department of Common
Council, Amy Rose, 371 Peckham St., Buffalo, NY 14206, to the position of
Intern II, Seasonal, at the Flat starting salary of $4.25.
No. 75
Notices of Appointments
I transmit herewith communications received by me, reporting the
appointments made in the various departments at the minimum, flat or hourly
rate.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS
Appointment effective September 13, 1993 in the Department of
Public Works, Division of Buildings, Scott Sullivan 77 St. Johns Parkside,
Buffalo 14210, to the position of Laborer I, Temporary, at the Minimum starting
salary of $ 8.59 hour.
Appointment effective September 13, 1993 in the Department of Public
Works, Division of Water, Robert Strianese, 355 Baraga Street, Buffalo, 14220,
to the Position of Maintenance Assistant-Water, Provisional, at the Minimum
starting salary of $21,255.
DEPARTMENT OF POLICE
Appointment effective September 7, 1993 in the Department of Police,
Cheryl Napora, 221 Courtland Avenue, Buffalo 14215 to the position of Civilian
School Crossing Guard, Seasonal, at the Minimum starting salary of $5.49 hr.
Appointment effective August 30, 1993 in the Department of Police Rebecca
Mancino, 30 Avery Place, Buffalo 14214, to the position of Report Technician,
Provisional, at the Minimum starting salary of $ 20,120.
DEPARTMENT OF PARKS
Appointment effective September 7, 1993 in the Department of Parks,
Division of Recreation, to the position of Fee Collector, Seasonal, at the Flat
starting salary of $4.94 hour.
Regina Barrett, 65 Riverview, Buffalo 14210
Mary Ann Burvid, 128 Sheffield, Buffalo 14220
William Fitzpatrick, 56 Hansen St., Buffalo 14220
Teresa Hyland, 147 S. Legion Dr., Buffalo 14210
Lynn Milks, 409 Abbott Rd., Buffalo 14220
Mark Parsons, 22 Clio, Buffalo 14220
Donna Salbo, 98 So. Pontiac, Buffalo 14206
Michael Karlinski, 349 Walden Ave., Buffalo 14211
Appointment effective September 13, 1993 in the Department of Parks,
Division of Recreation, to the position of Lifeguard Seasonal, at the Flat
starting salary of $ 5.20 hr.
Louis Dingeldey, 48 Sage, Buffalo 14210
Sean Eagen, 140 Pries, Buffalo 14220
Mark Flanagan, 43 Hammerschmidt, Buffalo 14210
Ellen Frost, 59 McKinley Pkwy., Buffalo 14220
Roger Harrington, 79 Norman St., Buffalo 14210
Karl Kozlowski, 76 Howell St., Buffalo 14207
Anne Manley, 4 Britt, Buffalo 14210
Eric O'Connell, 340 Cumberland Ave., Buffalo 14220
Daniel Smith, 262 Ideal St., Buffalo 14206
William Whalen, 108 Hammerschmidt, Buffalo 14210
Appointment effective September 13, 1993 in the Department of Parks,
Division of Recreation, to the position of Supervising Lifeguard, Temporary, at
the Flat starting salary of $5.98 hr
Colleen Lalley, 81 Densmore Ave., Buffalo 14220
Karen Lalley, 81 Densmore Ave., Buffalo 14220
Scott Noga, 56 Gatchell St., Buffalo 14212
Appointment effective September 16, 1993 in the Department of Parks,
Division of Recreation, Michael Kane, 20 Britt Buffalo 14220, to the position
of Supervising Lifeguard, Temporary, at the Flat starting salary of $5.98 hr.
Appointment effective September 13, 1993 in the Department of Parks,
Division of Recreation Paul Flanagan, 43 Hammerschmidt, Buffalo 14210, to the
position of Special Service Instructor I, Seasonal, at the Flat starting salary
of $ 6.50 hr.
Appointment effective September 16, 1993 in the Department of Parks,
Division of Recreation, Daniel Karlinski 349 Walden Ave., Buffalo 14211, to the
position of Special Service Instructor I, Seasonal, at the Flat starting salary
of $6.50 hr.
Appointment effective September 13, 1993 in the Department of Parks,
Division of Recreation, to the position of Laborer Il Seasonal, at the Flat
starting salary of $ 6.92 hr.
Joseph Langdon, 311 Downing St., Buffalo 14220
Vincent McCarthy, 26 Sunset, Buffalo 14207
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment effective 9/7/93 in the Department of Inspections
& Community Revitalization, to the position of Clerk, Seasonal, at the Flat
starting salary of $5.20 hour.
Jennifer Gallagher, 161 Bloomfield, Buffalo 14220
Molly McGrath, 55 Mumford, Buffalo, 14220
Mary O'Brien, 159 Harding Road, Buffalo, 14220
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective September 13, 1993 in the Department of
Administration and Finance, Division of Parking Enforcement Susan R. Duringer,
64 Heussy Avenue, Buffalo 14220, to the position of Clerk, Seasonal, at the
Flat starting salary of $5.20 hour.
DEPARTMENT OF HUMAN RESOURCES
Appointment effective September 7, 1993 in the Department of Human
Resources, Division of Youth, Janice M. Gardner, 161 Marine Dr Apt 8D, Buffalo
NY 14202, to the position of Youth Project Coordinator, Permanent, at the
Minimum starting salary of $ 29,571.
DEPARTMENT OF GENERAL SERVICES
Appointment effective September 7, 1993 in the Department of General
Services, Division of Inventory & Stores, Timothy F. Donovan, 57 Susan Lane,
Buffalo, 14220, to the position of Laborer II, Seasonal, at the Flat starting
salary of $ 6.92/Hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 76
BANDAG TIRE RETREADERS OF BUFFALO, INC.
Compromise Tax/Demo Cost - 216 Walden
Bandag Tire Retreaders of Buffalo, Inc. is a light industrial
manufacturing operation employing 52 workers, located at 202 Walden Avenue,
Buffalo NY 14211 since 1978.
Through its affiliate, Aurora Discount Tire Sales, Inc. Bandag proposes
to purchase all that parcel of land situated in the City of Buffalo, County of
Erie, State of New York, being part of Lot #6, Township Il, Range 8 of the
Holland Land Company survey and further distinguished as subdivision Lot #5 as
shown on a map filed in the Erie County Clerk's Office under cover #222 and
being 30 (thirty) feet front and rear by 99.3 (ninety-nine and three tenths)
feet in depth,
Walden Ave, north side, 30 (thirty) feet east of Wasmuth Ave. (see
Exhibit (A), photo of parcel).
Subject to Common Council of the City of Buffalo approval of our request
for an adjusted settlement of the outstanding liens held by the City of
Buffalo, Bandag proposes to pay a cash sum of $3,000.00 for the parcel at 216
Walden Ave., an amount exceeding the 1993 assessed value of the property.
Current City of Buffalo liens include a $5,000.00 demolition cost, taxes and
water bills amounting to $1,61.35.
Attached please find Exhibit (B), letter to Carl M. Cole, Esq., Public
Administrator DBN of the Estate of Mary A. Williams from Firm Falk & Seimer,
legal counsel, to Bandag Tire Retreaders of Buffalo, Inc. regarding terms of
proposed purchase of the 216 Walden Ave parcel, and Exhibit (C), affidavit from
Carl M. Cole, Public Administrator DBN of the Estate of Mary A. Williams
declaring the insolvency of the estate and the inability of the estate to
satisfy its tax obligations to the City of Buffalo.
Bandag Tire plans to annex the 216 Walden Ave. parcel to the adjoining
parcel at 214 Walden Ave. which it currently owns allowing for an expansion of
the parking facilities available to Bandag customers and employees, and return
the property to the City tax rolls. Furthermore, the land area will be
developed (paved over) and maintained by Bandag, henceforth aiding the
revitalization of the neighborhood.
We request that our proposed purchase be found acceptable and look
forward to the Common Council's reply.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
ENVIRONMENTAL MANAGEMENT COMMISSION, THE COMPTROLLER, AND THE CORPORATION
COUNSEL.
No. 77
BUFFALO HALF-WAY HOUSE INC.
Oppose Direct Connection Fire Alarm Fees
This agency recently received communication from the City department
of Public Works indicating that, effective August 1, 1993, the agency would be
responsible for an annual fee of $1,500 to maintain direct connection to the
City's fire alarm system.
Needless to say, this presents a real hardship for this agency and I am
sure many others. Even though there is the option to utilize an alarm
monitoring company, it is our feeling that a direct linkage to the City Fire
Department is much safer and also reduces the liability insurance costs.
A fee for this service is understandable. However, please re-consider
the amount of the fee and present a more equitable fee. Your consideration and
that of the Common Council will be greatly appreciated.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
FIRE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION
COUNSEL .
No. 78
DAVID COLLINS
Oppose Direct Connection Fire Alarm Fees
As city residents, and employees of the Buffalo Fire Department
Communications Division we feel you should know that your Honorable body was
not given all the facts before the law was passed for fees to have a direct
fire alarm connection to the City. We have attached a memo we received from
Paul Anthon, Fire Alarm Superintendent which explains a little of the
ramifications this legislation will have.
We respectfully request that reconsideration be given to the amount being
charged for direct connections, $1,500 is excessive and will only serve to have
many important institutions, most of which are hospitals, disconnect from the
City's fire alarm system. If they do, it will have a serious impact on the
response time to an incident. Please support us in this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
FIRE, THE COMMISSIONER OF ADMINISTRATION AND THE CORPORATION COUNSEL.
No. 79
ERIE COUNTY LEGISLATURE
Establish Joint City-County Task Force on Crime Prevention
Attached herewith is a Resolution adopted by the Erie County Legislature
regarding the above matter.
RECEIVED AND FILED.
No. 80
FLARE
Oppose Direct Fire Connection Fee
Yesterday, when I received your notice that our application for
Alarm Device Registration - Direct Line License had been approved and that a
License Fee of $1,500.00 was now due, I had my Bookkeeper, Ms. Karen Quinn call
your office. Karen spoke with Sal, your Administrative Assistant. Sal suggested
that we write to you about our special circumstances.
307 Leroy is FLARE's Community Center. FLARE, Fillmore-Leroy Area
Residents, Inc., is a Not-For-Profit, 501(c) (3), Community Based Organization,
charged with the responsibility of providing Housing Services in -much of the
Masten District. FLARE is also a Human Service Agency. Our funding is from CDBG
Funds provided by City of Buffalo, Department of Community Revitalization and
Inspections, City of Buffalo, Department of Human Resources, New York State
Division of Housing and Community Renewal, New York State Division for Youth,
Erie County Senior Services and Erie County Youth Department.
FLARE also provides space in its Center to the Bethel Head Start Program.
In return Bethel Head Start pays its part of the utilities. There is no rent
involved. Bethel Head Start is also a program which depends on Federal Funding.
Due to the nature of both programs which occupy 307 Leroy Avenue and to
the fact they neither is a business in the traditional sense of the word, I
believe that we should be dispensed from paying the fee in question. We are
exempt from City and County Property Tax. We are also exempt from New York
State Sales and Income Tax as well as Federal Income Tax. We are exempt from
the county's license fee for the operation of our Senior Dining Site.
While we believe the fire protection provided is extremely valuable, we
believe that our limited funds could be better spent in helping area residents
correct the hazards in their homes which could ultimately cause fires.
Thank you for your serious consideration in this matter. I look forward
to hearing from you concerning your decision.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
FIRE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE, AND THE CORPORATION
COUNSEL.
No. 81
INTERNATIONAL UNION OF OPERATING ENGINEERS
Medical Coverage - Worker's Compensation
Our position on the matter involving medical coverage for persons
on Workers Compensation (item #35 C.C.P. Sept. 7, 1993), requested by your
Body, is as follows:
We believe that an employee who is receiving Workers Compensation and who
has applied for a retirement benefit through the New York State Retirement
System should continue to receive medical benefits until his retirement status
has been determined.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 82
DEBBIE HICKS
Rescind Trash Collection Charges
I am writing in response to a bill I received from the City of
Buffalo Sanitation Department, on 12/17/92 the trash collectors picked up trash
from 100 Montclair St. This is a lot located next to my house. This lot is
owned by the city. On 4/5/93 I received a bill for this trash collection. In
lieu of the recent dumping of trash on city owned lots by suburban contractors,
I was surprised when the Sanitation Department accused me of placing the trash
there by billing me for its removal.
I attempted to rectify this situation by talking with members of the
collection and sanitation departments without success. At this point I would
like you to bring this matter up to the Council and I would to come and address
the City Council regarding this matter if necessary. I have enclosed a copy of
this bill. Thank you for whatever you are able to do.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREETS AND THE
CORPORATION COUNSEL.
No. 83
OLD 1ST WARD COMMUNITY CENTER
Claim Utility Costs
The Old 1st Ward Community Association has been advised to bring
to the Common Council a claim in the amount of $3907.07.
The claim is for the gas bill that covers the period until January 1993.
The building located at 62 Republic St. was still under construction and the
Old 1st Ward didn't occupy the building until January 25th, 1993. Therefore
the bills that were received were prior to our move and the City agreed to pay
them until the end of January.
The Old 1st Ward paid for the gas bills with there private fund account
due to the fact that the gas company was going to terminate our services. I
contacted National Fuel Gas and had them mail my office a Truth in History
report. As it shows in the report you can see that the totals for that time
add up to $3907.07 before this date.
I hope that with submitting this claim the Old 1st Ward will be
reimbursed for the gas bills. I have enclosed a copy of the letter sent to
Phil Nasca and also the Truth in History report.
The Old 1st Ward thanks the Common Council for their consideration in
this matter.
REFERRED TO THE COMMITTEE ON CLAIMS AND THE COMMISSIONER OF PUBLIC WORKS.
No. 84
DENNIS M. PENMAN
Rededication, North Division Street between Spring Street and Hickory Street
Enclosed please find a drawing of our proposed re-connection of
North Division Street running between Hickory and Spring Streets.
We are currently working with the Buffalo Sewer Authority and the
Department of Public Works to have the public improvements replaced in this
area in anticipation of building approximately twenty (20) new single family
homes at this location. Could you please take the appropriate action to have
this street rededicated in anticipation of this event.
If you need any additional information with regard to this project,
please feel free to contact me directly.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 85
QRS ARTS FOUNDATION
Rescind Ticket Surcharge For Non-Profit/Culturals
Several months ago we read about a proposed 5% surcharge on tickets
to events in City-owned facilities. No formal notice of this surcharge was sent
to us by either the City or any facility stating that this surcharge had been
adopted.
We received our rental agreement with Kleinhans Music Hall yesterday,
along with a note stating that we are required to pay a 5% surcharge on all
tickets for concerts held in the Hall. We have been selling subscriptions and
single tickets for (IRS GREAT PERFORMERS SERIES concerts since April and have
not collected this surcharge.
We feel that imposing this fee after the fact will create a great
hardship for us since we budgeted to break-even and the 5% surcharge will
create a loss for each concert. We have been collecting the SO cents per ticket
restoration fee for all Kleinhans' and Shea's events. Adding another 50 cents
to $1.50 to each ticket will price us out of the City. As you know, the new
Fine Arts Center in Amherst will be opened next fall. Their hall rental is a
fraction of Kleinhans (we pay $1,300-$1,400 per concert, plus extras).
We would greatly appreciate your rethinking this surcharge for
not-for-profit culturals and request an exemption from the surcharge for this
season.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 86
M. RICCIONE
Request City Rescind Sale - 47 Dempster
I am writing to Your Honorable Body to request that you rescind
the recent sale of 47 Dempster Street for $2,000, which was approved on
September 7, 1993.
I have been interested in this lot for about two (2) years and had
offered to purchase this lot from the City of Buffalo Division of Real Estate
for $3,700.00 in August 1992 (copy of this letter is attached). I again
notified the City of my continued interest in this lot on September 3, 1993
(copy of letter attached) and awaited word from the City.
It is for these reasons that I respectfully request that you rescind the
sale approved on September 7, 1993 for $2,000.00, and accept my offer of
$3,700.00 which is well above the appraised value.
Thank you in advance for your attention and cooperation in this matter.
RECEIVED AND FILED.
No. 87
DANIEL SANSANESE
Compromise Demolition Cost 142 W. Delavan
I have enclosed a copy of a bill sent to me for the demolition
of a property which I own at 142 West Delavan Avenue. I was never notified of
the bids although I was told I would be. According to this notice, I am now
liable for $10,306.59. I am requesting a fair hearing on this matter as soon
as possible. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ASSESSMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND
THE CORPORATION COUNSEL.
PETITIONS
No. 88
Rosemary Loffredo, owner, petition to use
1431 Kensington for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 89
Joseph Battin and Others, oppose Rezoning No. 1177 Abbott Road from C-1 to C-2.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING
BOARD.
No. 90
Robert Shepherd & O, favor making Lockwood Avenue a one-way street.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF PUBLIC WORKS.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 91
Ordinance Amendment Chap. 35
/Hospital Medical Insurance (A&F)
(Item # 69 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Overtime Pay - Deputy Police Commissioner
(Item No. 210, C.C.P., July 20, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 93
Overtime Pay - Deputy Police Commissioner (CC)
(Item No. 54, C.C.P., July 20, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 94
Overtime for Deputy Police Commissioners
(Item No. 111, C.C.P., July 20, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 95
Request Salary Ordinance Amendment
Fire Alarm Dispatcher
(Item No. 180, C.C.P., July 20, 1993)
This Honorable Body directs the Law Department to prepare a Salary
Ordinance Amendment for 21-0 Department of Fire, 023 - Fire Alarm and Telegraph
System, in accordance with the referenced item, deleting the three names, and
to file the amendment with the Council.
ADOPTED.
No. 96
Appointment MEM Supervisor I (Max) (Pol)
(Item # 49 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Appointment Paralegal Assistant (Inter) (Compt)
(Item # 24 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Appointment
Audit & Control/Senior Auditor
That Communication No 25 CCP Jul 6, 1993 be received and filed
and the Permanent appointment of Jeni Wozniak stated above at the Intermediate
salary $29,915.00 effective on Jun 28, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 99
Appointment
Public Works/Account Clerk-Typist
That Communication No 49 CCP Jul 6, 1993 be received and filed
and the Permanent appointment of Shelly Marie Geber stated above at the
Intermediate salary $21,868.00 effective on Jul 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 100
Appointment
Police/Motor Equipment Maintenance Supervisor I
That Communication No 59 CCP Jul 6, 1993 be received and filed
and the Provisional appointment of Edward F. Jordan stated above at the Maximum
salary $26,442.00 effective on Jun 11, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 101
Appointment
Street Sanitation/Truckdriver
That Communication No 70 CCP Jul 6, 1993 be received and filed
and the Permanent appointment of Richard Petruzzi stated above at the
Intermediate salary $21,599.00 effective on Jun 17, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 102
Appointment
Human Resources/Stenographer
That Communication No 71 CCP Jul 20, 1993 be received and filed
and the Temporary appointment of Sharon A. Fay stated above at the Intermediate
salary $20,753.00 effective on Jul 5,1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 103
Appointment
Human Resources/Counselor III
That Communication No 72 CCP Jul 20, 1993 be received and filed
and the Provisional appointment of Nathanial J. Harbin II stated above at the
Maximum salary $25,222.00 effective on Jul 5, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 104
Appointment
Human Resources/Youth Counselor
That Communication No 73 CCP Jul 20, 1993 be received and filed
and the Permanent appointment of Diane Makey stated above at the Intermediate
salary $29,849.00 effective on Jul 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 105
Appointment
Assessment/Assessor
That Communication No 37 CCP Sep 7, 1993 be received and filed
and the Temporary appointment of Carl M. Nasca stated above at the Intermediate
salary $33,894.00 effective on Sep 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 106
Appointment
Assessment/Assessor
That Communication No 38 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Anthony Krayna stated above at the
Intermediate salary $35,190.00 effective on Sep 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 107
Appointment
Assessment/Senior Assessor
That Communication No 39 CCP Sep 7, 1993 be received and filed
and the Temporary appointment of Anthony Krayna stated above at the
Intermediate salary $36,687.00 effective on Sep 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 108
Appointment
Assessment/Senior Assessor
That Communication No 40 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Phillip Kozerski stated above at the Maximum
salary $39,613.00 effective on Sep 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 109
Appointment
Assessment/Principal Assessor
That Communication No 41 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Robert J. Quinn stated above at the Maximum
salary $44,218.00 effective on Aug 26, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 110
Appointment
Public Works/Typist
That Communication No 71 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Lynne F. Eno stated above at the Intermediate
salary $20,826.00 effective on Sep 1, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 111
Appointment
Public Works/Data Control Clerk
That Communication No 72 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Lori Anne Hahn stated above at the
Intermediate salary $21,874.00 effective on Aug 2, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 112
Appointment
Public Works/Senior Account Clerk Typist
That Communication No 73 CCP Sep 7, 1993 be received and filed
and the Temporary appointment of Mary R. Zizzo stated above at the Maximum
salary $23,126.00 effective on Aug 23, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 113
Appointment
Fire/Laborer I
That Communication No 87 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Thomas Feeney stated above at the Intermediate
salary $8.12 P/H effective on Feb 18, 1991 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 114
Appointment
Street Sanitation Department/Truckdriver
That Communication No 108 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Ronald A. McGregor stated above at the
Intermediate salary $22,463.00 effective on Aug 25, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 115
Appointment
Street Sanitation/Truckdriver
That Communication No 109 CCP Sep 7, 1993 be received and filed
and the Temporary appointment of David J. Kosmoski stated above at the
Intermediate salary $23,096.00 effective on Jul 26, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 116
Appointment
Street Sanitation/Truckdriver
That Communication No 110 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of David J. Kosmoski stated above at the
Intermediate salary $23,096.00 effective on Aug 6, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 117
Appointment
Street Sanitation/Equipment Operator
That Communication No 111 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Michael J. Martin & Mark A. Talowski stated
above at the Maximum salary $24,443.00 effective on Aug 23, 1993 is hereby
approved.
PASSED.
AYES- 10 NOES- 0.
No. 118
Appointment
Administration & Finance/Data Control Clerk
That Communication No 133 CCP Sep 7, 1993 be received and filed
and the Provisional appointment of Joyce Giangrosso stated above at the Maximum
salary $23,017.00 effective on Aug 2, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 119
Appointment
Human Resources/Senior Substance Abuse Specialist
That Communication No 137 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Kathleen Cunningham-Isch stated above at the
Maximum salary $29,304.00 effective on Jul 22, 1993 is hereby approved.
PASSED.
AYES- 10 NOES- 0.
No. 120
Notices Of Appointments (C.Clerk)
(Item # 84 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Notices Of Appointments (C.Clerk)
(Item # 152 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 122
Position/RFP Plan/Perrysburg Property (Compt)
(Item # 34 CCP Jul 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Perrysburg Revisionary Interest Options (CC)
(Item # 48 CCP Feb 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
B.P.O. Stabilization Report
(Item # 114 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Status Pilot Field Naming Rights (CC)
(Item # 40 CCP Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Prepare Specifications for Bidding Naming
Rights for the Downtown Baseball Stadium (Pilot Field)
(Item No. 137, C.C.P., Jan. 5, 1993)
That this Common Council requests the Corporation Counsel to prepare
specifications for bidding the naming rights to the downtown Baseball Stadium.
ADOPTED.
No. 127
Status Report/Pilot field Naming Litigation (CC)
(Item # 53 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Review Of City's Fiscal Condition (Mayor)
(Item # 5 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Quarterly Budget Report
(Item # 131 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Art Preservation Services Contracts
(Item 12, C.C.P., 9/7/93)
That the above item be, and it hereby is, returned to the Common
Council without recommendation.
Mr. Collins moved:
That the above item, be and the same hereby is received and filed; and
That the Mayor be, and he hereby is, authorized to enter into contracts
for preservation services with the following named contractors with the costs
thereof not to exceed the amount specified and for work as more particularly
described in the referenced item:
Russell/Marti Inc. $57,000
Fine Objects Conservation, Inc. $61,435
Roman Bronze Works Inc. $12,100
PASSED.
AYES- 10 NOES- 0.
No. 131
Interfund Cash Loan
Sewer Lines at Hutch Tech
(Item No. 16, C.C.P., Sep. 7, 1993)
That the Comptroller be, and he hereby is, authorized to make
an interfund cash loan from the General Fund to the Capital Projects Fund in
the amount of $30,000 for the reconstruction of Sewer Lines at Hutch Tech High
School. The loan will be repaid when Bond Anticipation Notes or Bonds are
issued to finance this project.
PASSED.
AYES- 10 NOES- 0.
No. 132
Bond Closeouts
(Item 17, C.C.P., September 7, 1993)
That the Comptroller be, and he hereby is authorized to close
the accounts described in the referenced communication and to transfer the
funds remaining in such accounts which are restricted for future debt to the
debt service reserve and to use the unrestricted amounts remaining in such
accounts as a resource for the 1994-1995 Capital Debt Service Fund Budget.
PASSED.
AYES- 10 NOES- 0.
No. 133
Increase Appropriation Fund Balance Reserve
Appropriation Allotments - Enterprise Fund - Parking
(Item No. 201, C.C.P., Sep. 7, 1993)
That the Comptroller be, and he hereby is, authorized and directed
to transfer the sum of $62,508 from 440-890-032 -Fund Balance Reserve for
Maintenance to meet this increased appropriation as set forth in the above
communication.
PASSED.
AYES- 10 NOES- 0.
No. 134
Solicitation of Funds
Citizens Campaign for the Environment
(Item No. 34, C.C.P., July 6, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to grant an exemption to solicit funds under Chapter 316, Article VI of the
City of Buffalo Ordinances to Citizens Campaign for the Environment within the
City of Buffalo for an additional thirty days starting from the approval date
of this request.
PASSED.
AYES- COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 7.
NOES- AMOS, ARTHUR, PITTS- 3.
No. 135
Amend Lease - Greater Emmanuel Temple Church
(Item No. 19, C.C.P., Sep. 7, 1993)
That the Comptroller bed and hereby is, authorized to amend the
lease with the Greater Emmanuel Temple Church, for the lease of 1251, 1253-1255
Jefferson Avenue, pursuant to Item No. 18, C.C.P., July 6, 1993, for a two year
period, to commence on July 1, 1993 and expire on June 30, 1995, under the same
terms and conditions. That the Corporation Counsel be authorized to draw the
necessary renewal agreement and that the Mayor be authorized to execute the
same.
PASSED.
AYES- 10 NOES- 0.
No. 136
Amendment to Consolidated Lease Agreement
Buffalo Civic Auto Ramps, Inc.
(Item No. 8, C.C.P., July 6, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 137
Renew Lease - Bella Vista Management, Inc.
(Item No. 18, C.C.P., Sep. 7, 1993)
That the Comptroller be, and hereby is, authorized to renew the
lease with the Bella Vista Management, Inc. for the lease of 2237 Niagara
Street, for a one year period, to commence on October l, 1993 and expire on
September 30, 1994, the annual rental to be charged is $155.00 (One Hundred and
Fifty Five Dollars), payable in advance with the lessee to save the City
harmless from any liability and to provide insurance therefore as set forth per
Item No. 197, C.C.P., March 31, 1987.
PASSED.
AYES- 10 NOES- 0.
No. 138
Offer To Purchase 992 E. Ferry (Compt)
(Item # 14 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
National Safety/Offer To Purchase 992 E. Ferry
(Item # 84 CCP May 25, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
National Safety/Offer To Purchase 141/147 Leslie
(Item # 85 CCP May 25, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Interfund Cash Loan
Jogging Path in Delaware Park
(Item No. 10, C.C.P., July 20, 1993)
That the Comptroller be, and he hereby is, authorized to make
an interfund cash loan from the General Fund to the Capital Projects Funds in
the amount of $190,000 for the construction of a jogging path in Delaware Park.
The loan will be repaid when Bond Anticipation Notes or Bonds are issued to
finance this project.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 142
Report of Bids - Delaware Park Meadow Pathway
(Item No. 59, C.C.P., July 20, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 143
Bids - Street Tree Planting
75 Trees - Fall 1993
(Item No. 79, C.C.P., Sep. 7, 1993)
That the Commissioner of Parks be, and he hereby is, authorized
to award a contract for Street Tree Planting, 75 Trees - Fall 1993, to
Gleason's Nursery, the lowest responsible bidder in the amount of $8,425.00,
with said cost to be charged against the Bond Fund 200-601-036 - Citywide Tree
Removal and Planting.
PASSED.
AYES- 10 NOES- 0.
No. 144
Bids - Citywide Tree Trimming 1993
(Item No. 80, C.C.P., Sep. 7, 1993)
That the Commissioner of Parks be, and he hereby is, authorized
to award a contract for Citywide Tree Trimming 1993, to Mar-Wal Construction
Company, the lowest responsible bidder in the amount of $33,075.00, with said
cost to be charged to account 60-1 Parks 100-601-012-00-538.
PASSED.
AYES- 10 NOES- 0.
No. 145
Bids - Citywide Tree Removal 1993
(Item No. 81, C.C.P., Sep. 7, 1993)
That the Commissioner of Parks be, and he hereby is, authorized
to award a contract for Citywide Tree Removal 1993, to Tom-Kat Tree Service,
the lowest responsible bidder in the amount of $51,625.00, with said cost to be
charged to account 60-1 Parks 100-601-012-00-583.
PASSED.
AYES- 10 NOES- 0.
No. 146
Report of Informal Bids
Tree Planting Fall 1993
(Item No. 105, C.C.P., Sep. 7, 1993)
That the Commissioner of Community Development be, and he hereby
is, authorized to award a contract for Tree Planting Fall 1993, to Gleason's
Nursery, Inc., the lowest responsible bidder in the amount of $12,075.00.
Funds for this project are available in Community Development Capital Project
Account 200-717-010.
PASSED.
AYES- 10 NOES- 0.
No. 147
Report of Emergency Bids for
Demolition at Various Locations
(Item No. 118, C.C.P., Sep. 7, 1993)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Pilot Construction, at a
cost of $4,900.00, relating to 36 Kane Street and garage, to Lebis Enterprises,
Inc., at a cost of $5,557.00, relating to 43 Kane Street, to Integrated Waste
Special Services, at a cost of $6,700.00, relating to 279 Walnut Street, are
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- 10 NOES- 0.
No. 148
Report of Emergency Demolition Bid
534 Wilson Street
(Item No. 120, C.C.P., Sep. 7, 1993)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises, Inc.
at a cost of $3,700.00, relating to 534 Wilson 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- 10 NOES- 0.
No. 149
Certiorari Proceedings Fiscal Year 1993-94
2377 Niagara Street
(Item No. 36, C.C.P., Sep. 7, 1993)
That the Law Department be authorized to settle the 1993-94 tax
certiorari proceedings on 2377 Niagara Street by reducing the assessment for
the year from $80,000 to $73,000.
PASSED.
AYES- 10 NOES- 0.
No. 150
B. Higgins/Waive Tee Time Fees/S.P. Golf Club
(Item # 89 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Waive Tee Times South Park Golf Club (Pks)
(Item # 83 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Waive Tee Times South Park Golf Club (CC)
(Item # 95 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Waive Tee Times South Park Golf Club (A&F)
(Item # 132 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
B. Brown/Oppose Non-Bidding/Testing Contract Bids
(Item # 88 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
B. Brown/Oppose Non-Bidding/Testing Contract Bids
(Item # 55 CCP Jun 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Non-Bidding Of Lead Testing Contracts (CC)
(Item # 63 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Lead Testing Contracts (ICR)
(Item # 60 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Lead Testing Contracts (ICR)
(Item # 74 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
US Attorney/Use Of Asset Forfeiture Monies
(Item # 99 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
NIMO/Semi-Annual report Dewey Service Center
(Item #104 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Dewey Service Center Report (EMC)
(Item # 5 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
IWS Quarterly/Annual Reports
(Item # 91 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Annual Financial Report Ending 6/30 (Compt)
(Item # 15 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Audit Enterprise Fund/Pilot Field (Compt)
(Item # 16 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Audit/Federal/State/County Grants (Compt)
(Item # 17 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 166
Orazio's Italian Restaurant, Petition to use
1735 Hertel Avenue
(Item No. 102, C.C.P., July 20, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Orazio's Italian Restaurant, owner, for
permission to use 1735 Hertel Avenue to erect a one (1) story enclosed front
patio, be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 167
Amos Peterson, Jr., Petition to use
729 Sycamore Street
(Item No. 178, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of 729 Sycamore Street, owner, for
permission to use 729 Sycamore Street for a pole sign be and hereby is
approved.
PASSED.
AYES- 10 NOES- 0.
No. 168
Benderson 85-1 Trust, Petition to use
878 McKinley Parkway
(Item No. 179, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Benderson 85-1 Trust, owner, for
permission to use 878 McKinley Parkway for a pole sign, maximum height 18' be
and hereby is approved subject to any further conditions which may be set by
the Planning Board.
PASSED.
AYES- 10 NOES- 0.
No. 169
897 Delaware Avenue, Petition to use
897 Delaware Avenue
(Item No. 180, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of 897 Delaware Avenue, owner, for
permission to use 897 Delaware Avenue for a pole sign be and hereby is
approved.
PASSED.
AYES- 10 NOES- 0.
No. 170
Edward Tagliarino, Petition to use
1140 Delaware Avenue
(Item No. 181, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Edward Tagliarino, owner, for permission
to use 1140 Delaware Avenue to convert an existing five (5) unit multiple
dwelling to two (2) apartments and executive offices be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 171
Roger Rostorff, Petition to use
750 Kenmore Avenue
(Item No. 182, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Roger Rostorff, owner, for permission to
use 750 Kenmore Avenue for a pole sign be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 172
Vandercher and Dick Funeral Home, Petition to use
2549 Main Street
(Item No. 183, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Vandercher and Dick Funeral Home, for
permission to use 2549 Main Street for a ground sign be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 173
Jordan Supply Co., Petition to use
400 Smith Street
(Item No. 184, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Jordan Supply Co., owner, for permission
to use 400 Smith Street for a pole sign be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 174
Stanley Travis, Petition to use
881 William Street
(Item No. 185, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Stanley Travis, owner, for permission to
use 881 William Street for a pole sign be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 175
Tops Markets Inc., Petition to use
401-409 Niagara Street
(Item No. 186, C.C.P., Sept. 7, 1993)
That after a public hearing before the Committee on Legislation
on September 14, 1993, the petition of Tops Markets Inc., owner, for permission
to use 401-409 Niagara Street to expand an existing store parking lot, be and
hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 176
Paradise House - Halfway House 144 Mills
(Item No. 168, C.C.P., Sep. 7, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That 144 Mills Street, the former rectory of Transfiguration Church, be
approved as a Halfway House pursuant to Section 511-94 of the zoning Ordinances
of the City of Buffalo.
PASSED.
AYES- 10 NOES- 0.
No. 177
Amend Bailey/Amherst Business
Improvement District Plan
(Item No. 193, C.C.P., Sept. 7, 1993)
That this Common Council formally state its support of the proposed
graffiti removal program for the Bailey/Amherst District Management
Association, Inc.
ADOPTED.
No. 178
Encroach Door - 5 East Huron Street
(Item No. 44, C.C.P., July 20, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Joseph Giangreco, owner of Howards Shoes,
located at 5 East Huron Street, to install a door, which when opened will
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 door 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
encroachment.
PASSED.
AYES- 10 NOES- 0.
No. 179
Encroachment at 5 E. Huron (CPBD)
(Item # 7 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Encroach Awnings and Doors - 537 Main Street
(Item No. 45, C.C.P., July 20, 1993)
That the Commissioner of Public Works be and he hereby is authorized
to issue a "mere license" to Mr. Vince Allesandra, owner of Arby's, located at
537 Main Street, to install two awnings and two doors which, when opened will,
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 awnings and doors 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
encroachments.
PASSED.
AYES- 10 NOES- 0.
No. 181
Encroachment 537 Main (CPBD)
(Item # 8 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Encroach Awnings and Doors - 510 Washington Street
(Item No. 46, C.C.P., July 20, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. George Smilanich, III, owner of property
located at 510 Washington Street, to install two awnings and three doors which,
when opened will, 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 awnings and doors 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
encroachments.
PASSED.
AYES- 10 NOES- 0.
No. 183
Encroachment 510 Washington (CPBD)
(Item # 9 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Encroach Sidewalk Cafe - 1487 Hertel Avenue
(Item No. 47, C.C.P., July 20, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. John Gardon, owner of Sterling Place, located
at 1487 Hertel Avenue, to install a sidewalk cafe 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 sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed 37 feet and 26 feet in length or
extend more than 7 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot of
City right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (sidewalk cafes) of the City Ordinances.
7. 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
sidewalk cafe.
PASSED.
AYES- 10 NOES- 0.
No. 185
Encroachment 1487 Hertel (CPBD)
(Item # 10 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Encroach Sign - 2151 Niagara Street
(Item No. 69, C.C.P., Sept. 7, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. James Popeila Of Advision Signs, acting as
agent for Ultimate Auto Service, located at 2151 Niagara Street, to install a
sign, which will 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 sign 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
sign.
PASSED.
AYES- 10 NOES- 0.
No. 187
Ordinance Amendment
Chapter 264 - Licensing of Rental Housing Business
(Item No. 226, C.C.P., Sep. 7, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 188
Referendum on Landlord Licensing
(Item No. 195, C.C.P., July 20, 1993)
That while this Common Council recognizes the need to preserve
the city's housing stock, it also recognizes the need for fairness in this
issue; therefore, we request a referendum in the November election on Landlord
Licensing.
That the Corporation Counsel draft the specific language for the November
ballot.
LOST.
AYES- AMOS, ARTHUR, COLLINS, COPPOLA, PITTS- 5.
NOES- FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 5.
No. 189
T. Cavanaugh/Oppose Use/Temporary Road At School #67
(Item # 106 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 190
M. Jackson & Others/Oppose Extension Erskine Ave
(Item # 188 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
H. Mobius/Review Ending Time Shakespeare In Park
(Item # 94 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
M. Miller/Agreement Honored By Shakespeare In Park
(Item # 161 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 193
Shakespeare In Park/Reply To Complaints
(Item # 174 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 194
NYSDCJ/Appointment Of Special Drug Investigator
(Item # 163 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 195
Sandblasting At Thruway Bridges (BSA)
(Item # 140 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 196
NYS Thruway/Sandblasting Bridges
(Item # 167 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 197
Use Of Lead To Repair Water Lines
(Item # 173 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 198
Information/Lead Joint Repairs
(Item # 48 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 199
NYSDOH/Use Of Lead In Waterline Repairs
(Item # 165 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 200
Maintain Sewer In York St. (BSA) #88 7/6)
(Item # 155 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 201
Council On Alcohol Abuse/Survey Results
(Item # 87 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 202
By: Mr. Amos
Councilmember Bell Excused From Meeting
Now, Therefore, Be It Resolved:
That Councilmember Clifford Bell be and hereby is excused from the
September 21, 1993 Common Council meeting due to his absence from the City.
ADOPTED.
No. 203
By: Mr. Amos
Request Federal Funding for D.A.R.E. Program
Whereas: The Drug Abuse Resistance Program (D.A.R.E), operated
jointly by the Buffalo Public Schools Curriculum Department and the Buffalo
Police Department, previously received $200,000 in federal funding through an
emergency grant under the Drug Free Schools and Community Act; and
Whereas: An overall reduction in federal funding for programs such as
D.A.R.E. has produced a net result whereby only 34 of 247 applicants for
funding have received approval, exhausting the budgeted amount and eliminating
funds for the local D.A.R.E. program ; and
Whereas: D.A.R.E., which serviced over 3,200 students in 38 Buffalo Public
Schools in the 1992-93 school year, is a comprehensive, "hands-on" educational
program involving both primary and secondary school students. It focuses on
deterrence methods and positive reinforcement; and
Whereas: At a time when drug usage and the corresponding crime and violence
accompanying drugs is an escalating problem, preventative programs such as
D.A.R.E. are a very important and essential component in the fight to save our
youth and our communities; and
Whereas: The current funding for the local D.A.R.E. Program will terminate
on September 30, 1993, with no other dedicated source of funding available;
Now, Therefore, Be It Resolved:
That this Common Council memorialize the Congress of the United States to
reestablish funding for the Buffalo D.A.R.E. Program through an increased
appropriation to the Emergency Grants offered under the Drug Free Schools and
Community Act; and
Be It Further Resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof to the Clerks of the U.S. Senate and the U.S. House of Representatives
and to Senators Alphonse M. D'Amato and Daniel P. Moynihan, and Congressmen
Jack Quinn, L. William Paxon, and John LaFalce.
ADOPTED.
No. 204
By: Mr. Arthur
Council Member Bakos Excused from Meeting
Be It Resolved That:
Councilmember Norman M. Bakos is hereby excused from the regularly
scheduled meeting of the Common Council on September 21, 1993. Mr. Bakos is
unable to attend due to illness.
ADOPTED.
No. 205
By: Mr. Arthur
Rescind Alarm Device Direct Line License Fee
Whereas: As part of the 1993-94 Budget this Common Council approved
an Alarm Device Registration fee for Alarm businesses as well as for properties
directly connected to the Buffalo Police and Fire Departments; and
Whereas: This new fee results in a nominal cost of $10.00 to individuals who
contract with private alarm companies but a substantial charge of $1,500.00 to
those who are directly connected to the Buffalo Police and Fire Departments;
and
Whereas: This $1,500.00 direct connection fee adversely impacts many
organizations such as the Buffalo Half-Way House, the FLARE Community Center,
the Dominican Monastery and area hospitals; and
Whereas: Some of these organizations have asked that the fee be reduced
while others have indicated that they plan to disconnect from the direct access
system.
Now Therefore Be It Resolved:
That this Common Council hereby rescinds the Alarm Device Registration
Direct Line License fee to prevent mass disconnections by area businesses and
organizations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 206
By: Mr. Bell
Discharge Economic Development Committee
BEDC - Sale of 477 Broadway
(No 154, C.C.P., Sept. 7, 1993)
Whereas, the above item is currently tabled in the Economic Development
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Economic Development Committee from further consideration of this
item, and the item is now before the Common Council for its consideration.
ADOPTED.
Mr. Pitts now moved:
That the sale of four contiguous vacant lots known as 477 to 483 Broadway
for $10,000 or $0.78/sq. ft. upon terms and conditions described in the above
communication be and hereby is approved.
PASSED.
AYES- 10 NOES- 0.
No. 207
By: Mr. Collins
Transfer of Funds
Exempt Items - Water
Capital Outlay - Water
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$11,171 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
410 Enterprise Fund - Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $11,171
To:
410 Enterprise Fund - Water
085 - Capital Outlays
982 - Operating Equipment $11,171
PASSED.
AYES- 10 NOES- 0
No. 208
By: Mr. Collins
Transfer Of Funds
Division of Budget and Management
Division of Engineering
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$50,000 be and the same is hereby transferred from the Division of Budget and
Management - Planning for Capital Improvements account and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $50,000
To:
200 Capital Project Fund
401 - Division of Engineering
547 - Study for Thruway Exit at Porter Ave.
(Feasibility Study- reopening exit) $50,000
PASSED.
AYES- 10 NOES- 0.
No. 209
By: Mr. Collins
Increased Appropriation.
Reserve for Capital Appropriations
Division of Engineering
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Engineering be and the same hereby is increased in the
sum of $33,000.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $33,000 from 100-890-050 - Reserve for Capital Budget
Appropriations to meet this increased appropriation as set forth below:
To:
100 General Fund
401 - Division of Engineering
085 - Capital Outlay
910 - Building Construction and Improvement
(re: illegal Dumping - 1120 Seneca St.) $33,000
PASSED.
AYES- 10 NOES- 0.
No. 210
By: Mr. Collins
Bond Resolution
$10,000,000 Bonds
Crossroads Arena Site Development
Account 200-717-018
Resolution of the City of Buffalo, New York, adopted October 5,
1993, amending the Bond Resolution adopted June 23, 1992.
Recitals
Whereas, the Common Council of the City of Buffalo, in the County of
Erie, New York, has heretofore duly authorized the issuance of $2,350,000
General Improvement Serial Bonds of said City to finance the cost of
preparation of surveys, preliminary plans and detailed plans, specifications
and estimates necessary for planning the construction of a new sports arena in
the City at the estimated maximum cost of $2,350,000 which amount was
appropriated therefor pursuant to the bond resolution adopted by said Common
Council on June 23, 1992 and hereinafter referred to, and it now has been
determined the City desires to proceed with the necessary acquisition of land,
demolition of existing structures thereon, site improvements, and construction
of parking and related facilities for the sports and entertainment arena and
entertainment complex, known as the Crossroads Arena, at a site located at Main
Street and South Park Avenue in the City, and it has now been determined that
the cost for said project is now estimated to be $10,000,000;
now, therefore, be it
Resolved by the Common Council of the City of Buffalo, in the County of
Erie, New York (by the favorable vote of not less than two-thirds of all
members of said Common Council) as follows:
Section (A) The bond resolution of said City duly adopted by the City
Council on June 23, 1992, entitled:
Bond Resolution of the City of Buffalo, New York, authorizing the
issuance of $2,350,000 General Improvement Serial Bonds of said City, to
finance the cost of preparation of surveys, preliminary plans, specifications
and estimates for the construction of a new sports arena in the City, at the
estimated maximum cost of $2,350,000.
is hereby amended to read as follows:
Bond Resolution of the City of Buffalo, New York, adopted June 23, 1992
and amended October 5, 1993, authorizing the issuance of $10,000,000 General
Improvement Bonds of said City, to finance the cost of land acquisition,
demolition of certain structures, site improvements, and construction of
parking and related facilities for the Crossroads Arena project, at the
estimated maximum cost of $10,000,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Ten Million
Dollars ($10,000,000), pursuant to the provisions of the Charter of said City,
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York (the "Law") and Chapter 652 of the 1993 Laws of the State
of New York; to finance the cost of acquisition of land or rights in land,
demolition of existing structures thereon, grading or improving of the project
site, construction of parking areas and other facilities appurtenant thereto
and improvements in relation thereto for development of the sports and
entertainment arena, located at Main Street and South Park Avenue in the City,
known as the Crossroads Arena pursuant to the development and operation plan
agreed to by the participating development entities. The estimated maximum cost
of said items of a specific object or purpose for which the bonds authorized by
this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $10,000,000 as set forth in
the duly adopted Capital Improvements Budget, as amended, of said City for
fiscal year 1993-94.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Crossroads
Arena Site development," Bond Authorization Account No. 200-717-018, and shall
be used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably -expected to be incurred by the County,
pursuant to this Bond Resolution, in the maximum amount of $10,000,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (I).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to said items of a
specific object or purpose for which the bonds authorized by this resolution
are to be issued, pursuant to the provisions of Chapter 652 of the 1993 Laws of
the State of New York, is forty (40) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section (B) The amendment of the bond resolution set forth in Section A
of this resolution, shall in no way affect the validity of the liabilities
incurred, obligations issued, or action taken pursuant to said bond resolution,
and all such liabilities incurred, obligations issued, or action taken shall be
deemed to have been incurred, issued or taken pursuant to said bond resolution,
as so amended.
Introduced: 9-21-93
LAID ON THE TABLE.
No. 211
By: Mr. Coppola
Landlord Licensing Referendum
Resolved, that pursuant to Section 411 of Article 23 of the Charter
of the City of Buffalo, the following question be submitted to the electors of
the City for determination by them at the general election to be held November
2, 1993:
Shall non-owner occupied housing be subject to licensing and regulation
by the City?
and be it further,
Resolved, that the City Clerk and the Corporation Counsel immediately take
all necessary steps to ensure that Election Law requirements for inclusion on
the November 2 ballot be complied with.
Mr. Coppola moved to Adopt the above item, seconded by Mr. Pitts. Mr.
Zuchlewski now moved to amend to refer the Item to the Committee on
Legislation. Seconded by Mr. Perla.
LOST.
AYES- FRANCZYK, PERLA, ZUCHLEWSKI- 3.
NOES- AMOS, ARTHUR, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PITTS- 7.
Mr. Coppola now moved his original motion to Adopt. Seconded by Mr.
Pitts.
LOST.
AYES- AMOS, ARTHUR, COLLINS, COPPOLA, PITTS- 5.
NOES- FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 5.
No. 212
By: Messrs. Fahey, Bell, Amos and Zuchlewski
Ordinance Amendment - New Chapter 343 - Promoting The General
Welfare Of Minors In Public Places
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1. That a new Chapter 343 Entitled "Promoting the General Welfare of
Minors In Public Places," with Section and Section Headings to read as follows:
Chapter 343
Promoting the General Welfare of Minors in Public Places
Sec. 343.1 Prohibited Acts
Sec. 343.2 Parental Responsibility
Sec. 343.3 Definitions
Sec. 343.4 Ordinance Exceptions
Sec. 343.5 Enforcement
Sec. 343.6 Penalties
343.1. Prohibited Act
Subject to the exceptions set forth in Section 343.4 of this chapter, it
shall be unlawful for any minor sixteen (16) years of age or younger to
congregate, loiter, wander or play in or upon any public place, between the
hours of 11:00 P.M. and 5:00 A.M. of the following day, official city time,
except on weekends, when such restricted hours shall be from 12:00 Midnight on
Friday and Saturday to 5:00 A.M. of the following day.
343.2. Parental Responsibility
Subject to the exceptions set forth in Section 343.4 of this chapter, it
shall be unlawful for the parent or guardian of any minor sixteen (16) years of
age or younger to knowingly or negligently by insufficient control allow such
minor to congregate, loiter, wander, or play in or upon any public place,
between the hours of 11:00 P.M. and 5:00 A.M. of the following day, official
city time, except on weekends, when such restricted hours shall be from 12:00
Midnight on Friday and Saturday to 5:00 A.M. of the following day.
343.3 Definitions
(a). Direct Route - The shortest path of travel through a public place
to reach a final destination, without any detour or stop.
(b). Adult Supervised - Adult persons are present at the activity and
the adult persons take full responsibility for the minor.
(c). Adult Sponsored - Adult persons underwrite or promote an activity
and the adult persons take responsibility for the minor.
(d). Accompanied - To go along with or be associated with under
individualized supervision.
(e). Parent - A natural parent, adoptive parent, step-parent of another
person, or other adult person having the lawful care and custody of the minor.
(f). Emergency Errand - An unforeseen combination of circumstances or
the resulting state that requires immediate action by the minor to prevent
serious bodily injury or loss of life.
(g). Public Place- Any place to which the public or a substantial group
of the public has access and includes, but is not limited to, highways,
streets, alleys, parks, playgrounds, shops, shopping plazas, transportation
facilities, vacant lots, hospitals, and public buildings.
(h). Guardian - A person who, under court order, is the guardian of the
person of a minor; or a public or private agency with whom a minor has been
placed by a Court.
(i). Adult - Any person eighteen (18) years of age or older.
(j). Sixteen Years of Age or Younger - Any person younger than seventeen
(17) years of age.
343.4 Exceptions
(a). When the minor is on the sidewalk abutting the minor's residency,
and either next door neighbor has not communicated an objection to a police
officer.
(b). When the minor is travelling in a direct route to his or her
residency from employment and carries a signed statement from the employer
briefly identifying the minor, the address of the minor's residency, the
address of the minor's place of employment, the name and title of the minor's
employer who signed the statement, and the minor's hours of employment.
(c). When the minor is travelling in a direct route to his or her
residency from an adult supervised or adult sponsored religious, school, civic,
not-for-profit, recreational or entertainment activity- or adult supervised or
sponsored organized dance.
(d). When the minor is accompanied by his or her parent or guardian
(e). When the minor is accompanied by an adult authorized by the parent
or guardian of the minor.
(f). When the minor is in a motor vehicle with parental or guardian
consent for normal travel, and interstate travel beginning or ending in the
City of Buffalo is excepted.
(g). When the minor is upon an emergency errand.
(h). When the minor is attending or travelling in a direct route to or
from an activity involving the exercise of First Amendment Rights protected by
the United States Constitution.
343.5 Enforcement
Following strictly the applicable provisions of the Family Court Act,
Police Officers and Buffalo Municipal Housing Authority Peace officers are
hereby authorized to take into custody any minor who shall violate the
provisions of this Chapter.
343.6. Penalties
A parent or guardian who violates this Chapter shall: upon the first
violation, be issued a warning citation; upon the second violation, be subject
to a fine of not more than Twenty-Five Dollars; upon the third violation, be
subject to a fine of not more than one Hundred Dollars; upon the fourth
violation and every offense thereafter be subject to a fine of not more than
Two Hundred Dollars.
Section 2. Referendum
This curfew ordinance shall be subject to public referendum pursuant to
Article 23, Sec. 411 of the City of Buffalo Charter.
Section 3. Sunset Provision
This curfew ordinance shall expire twelve months after its effective date
unless enacted again by the Common Council.
Section 4. Effective Date
This Ordinance shall take effect thirty days after passage at referendum
as provided for by Section 2 above.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- AMOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
8.
NOES- ARTHUR, PITTS- 2.
No. 213
By: Mr. Franczyk
Permission to Negotiate Private Sale of 246 and 250 Walden
Whereas: Odessa Hunter, owner of 242 Walden, wishes to purchase
the two adjacent lots at 246 and 250 Walden; and
Whereas: She is planning to fence those lots along with 242 Walden as her
private property; and
Whereas: Alter following routine procedures, she has been denied purchasing
rights by the Division of Real Estate; and
Whereas: The reason given by the Department of Real Estate is that the City
reserves larger parcels of property in case there is ever a future building
prospect.
Whereas: There is no building prospect known, for now or the future.
Now Therefore It Be Resolved That:
The Council entertain Ms. Hunter's request to negotiate the purchase and
development of 246 & 250 Walden, particularly in the fact that every piece of
City property is not feasible for in-fill housing.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 214
By: Mr. Franczyk
Retain Federal Highway Funding For Buffalo Area
Whereas: As part of its plan to "reinvent government," the Clinton
Administration has proposed abolishing Federal highway demonstration projects;
and
Whereas: Some of the projects threatened by this proposal include about $68
million in highway demonstration projects approved for the Buffalo area, such
as the $20 million Buffalo River/Gateway Tunnel, the $19.5 million Peace Bridge
truck inspection facility, the $8.5 million Southtowns Connector, and others;
and
Whereas: These local projects were approved through the extraordinary
efforts of former Congressman Henry J Nowak, and were part of well-planned
long-term strategies aimed at helping revitalize the sagging local economy; and
Whereas: Past projects, like the Elm-Oak arterial, have played an essential
role in the economic development of the Buffalo area; and
Whereas: While there are those who claim that demonstration projects are
little more than "pork barrel," it is clear that this program has funded very
worthwhile local highway projects using federal funds that otherwise would have
gone to Sunbelt states; and
Whereas: These projects are particularly needed in Buffalo, which remains
depressed economically yet has great potential as a hub of international
commerce; and
Whereas: While Congress should eliminate wasteful spending, it is unfair and
unwise to terminate previously approved projects that have such obvious merit
and which are already in the process of being developed;
Now, therefore be it resolved:
That this Common Council urge the United States Representatives from the
Buffalo area to staunchly oppose any attempts to eliminate any previously
approved Federal Highway Demonstration Projects for Western New York, and to
continue former Congressman Henry J. Nowak's efforts to bring highway projects
to this area; and
Be it further resolved;
That the City Clerk be directed to forward certified copies of this
resolution to the Western New York Congressional delegation.
ADOPTED.
No. 215
By: Mr. Franczyk
Support NYS Toxic Chemical Reduction Plan
Whereas: In 1990 the New York State Legislature passed a hazardous
waste reduction law that set a goal of reducing the state's hazardous waste 50%
by the year 2,000; and
Whereas: The law established requirements for companies to develop hazardous
waste reduction plans that would help the state reach its goal; and
Whereas: The NYSDEC has prepared draft implementing regulations for this
program which are known as 6 NYCRR Part 378;
Now therefore be it resolved, that:
This Common Council supports New York State's goal of a 50% reduction in
hazardous waste and urges the adoption of regulations which will facilitate
reaching that goal; and
Be it further resolved, that:
This Council supports the thrust of the draft of 6NYCRR Part 378 and
urges that the following areas of the regulations be upgraded:
The definition of source reduction should be tightened to exclude the
incineration of waste after it has been generated;
The regulations should clearly state and reinforce the 50% goal;
Funding, enforcement and public participation should be strengthened to
assure the effectiveness of the program; and
Be it finally resolved, that:
The City Clerk be directed to send certified copies of this resolution to
the NYSDEC (c/o Commissioner Thomas Jorling, 50 Wolf Road, Albany, NY 12233)
and to the WNY State Legislative delegation.
ADOPTED.
No. 216
By: Messrs. Franczyk , Pitts, Arthur and Perla
Re: Amend Waterfront Urban Renewal Plan and EIS To Include Cobblestone
District
Whereas: The City of Buffalo is embarking on a bold public/private
initiative to construct a new $115 million arena for professional hockey and
other events at the so-called Crossroads Arena site near the Buffalo
waterfront; and,
Whereas: Although the project merits the city's support, it is important
that economic, historic or cultural assets which could be preserved and
enhanced as a result of the Crossroads Arena Project be developed in the
overall final planning; and,
Whereas: The current Crossroads Arena plan calls for the demolition of more
than a dozen buildings, some of which have, and continue, to play a unique and
important role in Buffalo's Industrial History; and,
Whereas: Some of the structures between Illinois and Mississippi Streets in
the Fillmore District, north of South Park Avenue, are over 125 years old and
have played a vital role in Buffalo's Industrial History and the history of the
Erie Canal; and,
Whereas: The buildings in question are not abandoned shells, but continue to
house viable businesses, including the Oldman Boiler Works, the oldest
continually operating boiler works in the United States and builder of the
world's first "iron lung", and, Ed Rudnicki's Blacksmith shop, which has
produced metal products for horse and buggy, as well as, belt buckles for NASA
astronauts; and,
Whereas: Some of buildings are worthy of inclusion on the National Register
of Historic Places, representing an unbroken thread running through to
Buffalo's Canal Era, the streets still have some original granite and sandstone
paving, possibly dating to the 1820's; and,
Whereas: These streets and buildings are in fact irreplaceable and the last
of their kind in Buffalo's original industrial waterfront core; and,
Whereas: Other cities have successfully recycled similar
industrial/commercial historic districts, including Cleveland, Chicago, Erie,
Rochester, St. Louis, and San Francisco; and,
Whereas: The new Crossroads Arena could be uniquely complemented with a
developed Cobblestone Historic District, which would preserve some of the older
existing businesses with a possible commercial tourist destination, featuring
restaurants, shops and attractions on Buffalo's past; and,
Whereas: In order to save existing businesses as well as protect the
potential for new development the buildings in question should not be
demolished to accommodate one-level parking;
Now Therefore Be It Resolved:
That this Common Council reaffirm its support for the Crossroads Arena
but will not support an amendment to the waterfront Urban Renewal Plan
including the demolition of the properties in the so -called "Cobblestone
Historic District" which includes the properties south of Perry street to the
Buffalo River including Perry, Illinois, Baltimore, and Columbia Streets; and,
Be It Further Resolved:
This Common Council, as an involved agency which must approve the
amendment of the Waterfront Urban Renewal Plan, request the Department of
Community Development to amend the Plan and the supporting DElS to include a
preservation plan designating the preservation of those streets and structures
in the "Cobblestone Historic District" as delineated above.
Be It Finally Resolved:
That this Common Council strongly urge the Department of Community
Development to amend the proposed Waterfront Urban Renewal Plan and the
supporting DEIS to include the development of the "Cobblestone Historic
District" and the Greenway Trail, and to keep this Honorable Body fully
informed of any progress in this regard.
ADOPTED.
No. 217
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. Timothy Baker
Claim for two pair of uniform slacks damaged in the line of duty in the Police
Department. $ 80.00
2. Kent Buyea, Jr.
Claim for eyeglasses damaged in the line of duty in the Department of Street
Sanitation. $ 58.00
3. Catherine Duttry
Claim for child's swimming pool mistakenly taken from front lawn at 202 Oneida
Street by Street Sanitation workers. $ 30.00
4. Charles A. Gallo
Claim for loss of three garbage cans. $ 24.00
5. Henry Jackson
Claim for difference in pay between normal salary and workman's compensation
for employee of the Department of Public Works, Division of Engineering.
$ 31.12
6. Peter Rizzo d/b/a Empire Smokes & Music
Claim for refund of Music License #15849 paid in error for 334 Connecticut
Street. $ 52.50
7. Terry's Thrift Shop
Claim for refund of sign License #28500 which was not needed for this location
per our License Inspector. $ 7.87
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 10 NOES- 0.
No. 218
By: Mr. Higgins
Councilmember Fahey Excused
That Councilmember Fahey be and hereby is excused from attendance
at the meeting of September 21, 1993 due to the fact that he will be out of
town.
ADOPTED.
No. 219
By: Messrs. Higgins and Arthur
Sale of Vacant Lot 47 Dempster Street
Whereas: At the September 7, 1993 meeting of this Common Council,
this Honorable Body approved the recommendation of the Comptroller (Item #31,
CCP 9/7/93) for the sale of 47 Dempster Street for $2,000 to Burke Brothers
Construction for construction of a single family home; and
Whereas: The Comptroller's recommendation was based on an independent
appraisal as to the market value of the property and the Division -of Real
Estate concurrence with the appraisal;
Now, therefore, be it resolved:
That this Common Council authorize the Corporation Counsel to prepare the
necessary documents for the closing and that the Mayor be authorized to execute
the same.
PASSED.
AYES- 10 NOES- 0.
No. 220
By: Messrs. Higgins and Franczyk
Integrating Greenway Trail into Crossroads Plans
Whereas: The Waterfront Greenway Trail, as outlined in the Council
adopted report "From Rust Belt to Green Belt", is a public access trail
extending throughout the Buffalo waterfront providing access to the water's
edge for pedestrians, bicyclists, joggers and others; and
Whereas: In a previous resolution this Council has stated that the Greenway
Trail is crucial to Buffalo's waterfront revitalization, because the Trail
effectively establishes the principle that the waterfront is for public use and
that accessible space on the waterfront should be prominent and connected; and
Whereas: That resolution (Item 210 C.C.P., November 27, 1990) made
acceptance of the city's proposed draft LWRP conditional on amending the
document to included the Greenway Trail as a "the priority project and unifying
centerpiece of the LWRP"; and
Whereas: The Inner Harbor area, including the excavated bay, the "Nowak"
project and the Crossroads arena site, is the hub of the proposed Greenway
Trail, linking its Buffalo River, Southern, and Northern (Riverwalk) spokes;
and
Whereas: Given projections that the Inner Harbor/Crossroads area will become
an initial focus for waterfront activity, it is crucial that the Greenway Trail
is prominently placed within the Crossroads/Inner Harbor area; and
Whereas: It should be clear to anyone approaching the Inner Harbor that the
Greenway Trail is an inviting, pleasant, environmentally friendly way to reach
the entire Buffalo waterfront; and
Now therefore be it resolved, that:
This Common Council requests the Department of Community Development and
the Horizons Waterfront Commission to make the Waterfront Greenway Trail a
significant part of plans for the Crossroads/Inner Harbor area; and
Be it further resolved, that:
Specifically, the Crossroads/Inner Harbor area should include the
following elements:
A central plaza where the Buffalo River, southern and northern spokes of
the Trail come together;
Prominent placement of the Trail within the public access space on the
inner harbor with careful thought given to the integration of the various Trail
transportation modes. Bicyclists, joggers, pedestrians, cross country skiers
and others using the Trail will need to smoothly interact with the flow of
people in the Crossroads/Inner Harbor.
Signage which effectively communicates the recreational potential of the
Trail to all who enter the Inner Harbor area.; and
Be it finally resolved, that:
Copies of this resolution be sent to the Horizons Waterfront Commission
and the Department of Community Development.
ADOPTED.
No. 221
By: Mrs. LoTempio
File Updated Revenue and Expenditure
Information on City Budget
Whereas: The City Buffalo is in the first quarter of the 1993-94
budgetary fiscal year; and
Whereas: The Greater Buffalo Development Foundation (GBDF) and the City
Comptroller agree that the City of Buffalo will be facing a $22 - $25 million
deficit for the 1994-95 fiscal year; and
Whereas: The Mayor and the Common Council have included many revenue
producing and cost saving items in the approved 1993-94 City budget; and
Whereas: The passage of these revenue producing and cost saving items
enabled Buffalo to approve a balanced budget for fiscal year 1993-94; and
Whereas: This Common Council should be kept informed of the status and
performance of all revenue producing and cost saving provisions so first hand
knowledge will be available to assess the city's fiscal condition; and
Now, Therefore, Be It Resolved:
That this Common Council requests the City Comptroller to file with this
council an updated expenditure report and the Commissioner of Administration
and Finance file a report detailing revenues for fiscal year 1993-94; and
Be It Further Resolved:
The City Comptroller file with the Common Council an updated overtime
expenditure report.
ADOPTED.
No. 222
By: Mr. Perla
Life Memorial Park
Whereas: In October of 1992 the Common Council approved the naming
of City owned vacant parkland that exists at the corner of Porter Avenue,
Normal Avenue, and Jersey Street, as The Life Memorial Park, to commemorate
people who resided in Buffalo and Western New York, and who have died of AIDS;
and
Whereas: The naming of this parkland was dedicated on December 1, 1992,
World Aids Day, and on August 23, 1993 a plaque was laid on site officially
naming the land The Life Memorial Park; and
Whereas: The Life Memorial Park Foundation now requests that this land be
developed into a passive park area to include a walkway, benches, flower and
shrub gardens, trees and a memorial sculpture; and
Whereas: This foundation of concerned individuals is raising funds to
develop this land into a passive park, and has formulated a preliminary plan
and design toward this end; and
Whereas: The Life Memorial Park Foundation has submitted this proposal for
review and is requesting permission to go forward with the development of this
land; and
Whereas: An initial inquiry was made to the City Law Department as to the
proper procedures involved in accomplishing this endeavor, however, a reply
still leaves questions unanswered as to the roles and responsibilities of the
City and the Life Memorial Park Foundation;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo favors the development of
this land into a passive park commemorating those who have died of AIDS; and
Be It Further Resolved:
That the Common Council requests the City Law Department and Parks
Department to review the Life Memorial Park Foundation proposal and report back
to this Council the necessary steps to be taken in order to move forward and
implement this plan.
ADOPTED.
No. 223
By: Mr. Pitts
Salary ordinance Amendment
40 - Department of Public Works
031 - Operation & Maintenance of Public Buildings
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the ordinance of the City of
Buffalo, relating to 40-2-031 Division of Buildings, operation & Maintenance of
Public Buildings which reads:
1 Master of Fireboat $30,000
1 Marine Engineer $30,000
1 Assistant Marine Engineer $30,000
1 Assistant Marine Engineer $30,000
1 Marine Oiler $30,000
is hereby amended to read:
1 Master of Fireboat/Senior First
Class Stationary Engineer $30,000
1 Marine Engineer/Plasterer $30,000
1 Assistant Marine Engineer/Senior First
Class Stationary Engineer $30,000
1 Assistant Marine Engineer/Laborer II $30,000
1 Marine oiler/Senior First Class
Stationary Engineer $30,000
We, David Comerford, Commissioner of Public Works and Thomas F. Keenan,
Director of the Budget, hereby certify that the change of titles as set forth
above is necessary or the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for
said positions be fixed at the amount set forth in the foregoing ordinance.
That personnel requisitions incident to the creation of the above
positions, containing statements of the duties of such positions, have been
filed with the Municipal Civil Service Commission, and said Commission will be
considering approval and certification of the position titles set forth in the
foregoing ordinance as being the appropriate Civil Service titles for the
proposed positions.
Approved as to Form
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 224
By: Mr. Pitts
Salary Ordinance Amendment
70 - Department of Street Sanitation
011 - Collection of Refuse and Street Cleaning
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the ordinance of the City of
Buffalo, relating to 70-011 Collection of Refuse & Street Cleaning which reads:
48 Laborer II (Daily) $78.59-$89.62
51 Laborer II (Hourly) $ 9.38-$10.67
is hereby amended to read:
47 Laborer II (Daily) $78.59-$89.62
52 Laborer II (Hourly) $ 9.38-$10.67
We, Bart Sumbrum, Commissioner of Street Sanitation and Thomas F. Keenan
Director of the Budget, hereby certify that the elimination of one (1) Laborer
II (Daily) administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at e
amount set forth in the foregoing ordinance.
Approved as to Form
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 225
By: Mr. Pitts
Salary Ordinance Amendment
612 - Stadium and Auditorium - Memorial Auditorium
031 - Operation and Maintenance
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinance of the City of
Buffalo, relating to 612-031 Stadium and Auditorium Memorial Auditorium,
Operation and Maintenance which reads:
6 Laborer II (Hourly) $9.38 - $10.67
is hereby amended to read:
7 Laborer II (Hourly) $9.38 - $10.67
We, John Scanlon, Chairman of Stadium and Memorial Auditorium and Thomas
F. Keenan, Director of the Budget, hereby certify that the addition of one (l)
Laborer II (Hourly) 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 amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of - the above
position, containing statements of the duties of such position, have 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. 226
By: Mr. Zuchlewski
Amend Application Process For Accessory Signs
Whereas: The present ordinances require that any application requesting
a accessory sign be approved by the Common Council; and
Whereas: All applications for an accessory sign are forwarded to the Common
Council, referred to appropriate departments for review and sent back to the
Council with recommendations; and
Whereas: An accessory sign application referred to the Council is also
forwarded to the City Planning Board were it is put on their agenda. The
applicant is requested to attend the planning board meeting, then the applicant
is required to appear before the Common Council's Committee on legislation for
approval, thus creating a lot of wasted time for the applicants; and
Whereas: A more efficient process would only require an applicant to appear
before and be approved by the City Planning Board; and
Whereas: All signs approved by the City Planning Board must be in compliance
with all the applicable ordinances pertaining to such regulations as zoning,
size, and height; and
Whereas: If any applicant requests a variance or modification to the
ordinances or the applicant is dissatisfied with the decision of the Planning
Board, only then should the application be filed with the Council for its
review and approval.
Now, Therefore Be It Resolved That: This resolution be sent to the Committee on
Legislation and referred to the City Planning Board, Department of Public
Works, and the Corporation Counsel for their review and recommendations.
ADOPTED.
No. 227
By: Mr. Zuchlewski
Academy for the Visual and Performing Arts
Video Tape Council Meetings
Whereas: Buffalo Common Council meetings are held every two weeks
of the year; and
Whereas: The citizens of Buffalo were previously given the chance to see
their government in action on Channel 58; and
Whereas: Budget cuts have caused Channel 58 to discontinue broadcasts of
Common Council meetings; and
Whereas: The City of Buffalo is fortunate to have a school like the Academy
for the Visual and Performing Arts which houses a radio and television
curriculum; and
Whereas: It would be in the best interest of both the students of BAVPA and
the citizens of Buffalo if Buffalo Public School students are permitted to tape
the regular scheduled meetings of the Buffalo Common Council;
Now, Therefore Be It Resolved:
That this Council requests the Buffalo Public School Board to allow the
students of the Academy for the Visual and Performing Arts to video tape
regular scheduled meetings of the Buffalo Common Council; and
Be It Further Resolved:
That BCAM telecast these meetings at a time that is best suited for all
Buffalonians to view Common Council proceedings.
ADOPTED.
No. 228
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Hispanic Heritage Festival
By Councilmember Perla, Arthur and Pitts
Felicitation for Emmons Family
By Councilmember Collins
Felicitation for Ostomy Day in the City of Buffalo
By Councilmember Arthur
ADOPTED.
No. 229
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons
so appointed certifying under oath to their qualifications and filing sale with
the City Clerk:
Samuel J. Burruano, Jr.
Linda C. Hallock
Paul G. Dell
Total: 3
ADOPTED.
UNFINISHED BUSINESS
No. 230
Bond Resolution - $350,000 - Animal Shelter
(Item No. 189, C.C.P., Jul 20, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
CARRIED.
Mr. Higgins now moved that the above item hereby is referred to the Committee
on Finance.
Seconded by Mr. Pitts.
ADOPTED.
No. 231
Bond Resolution - $100,000 - Science Museum Roof
(Item No. 202, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 232
Bond Resolution - $135,000 - Library Bldgs.
(Item No. 203, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 233
Bond Resolution - $200,000 - Handicapped Access
(Item No. 204, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0
No. 234
Bond Resolution - $250,000 - Delaware Pk. Bldgs.
(Item No. 205, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 235
Bond Resolution - $305,000 - School #19 Boilers
(Item No. 206, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 236
Bond Resolution - $350,000 - Memorial Auditorium Roof
(Item No. 207, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 237
Bond Resolutions- $400,000 - Ken/Bailey Recreation Center
(Item No. 208, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 238
Bond Resolution - $500,000 - Sch. #17, 54, 56, & 66
(Item No. 209, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 239
Bond Resolution - $560,000 - Shea's Marquee
(Item No. 210, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 240
Bond Resolution - $650,000 - Sch. #36, 38 and 86
(Item No. 211, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 241
Bond Resolution - $750,000 - Kleinhans Music Hall
(Item No. 212, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved. Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 242
Bond Resolution - $3,850,000 - Constr. Child. Ctr.
(Item No. 213, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla.
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 243
Bond Resolution - $52,000,000 - Refinancing
(Item No. 214, C.C.P., Sept. 7, 1992)
Mr. Higgins moved that the above item be taken from the table.
Seconded by Mr. Perla
CARRIED.
Mr. Higgins now moved that the above item be approved.
Seconded by Mr. Perla.
PASSED.
AYES- 10 NOES- 0.
No. 244
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
Claims Tuesday, Sept 28, 1993 9:00 AM
Civil Service Tuesday, SEPT 28, 1993 9:30 AM
Finance Tuesday, SEPT 28, 1993
Immediately Following Civil Service
Legislation Tuesday, SEPT 28, 1993 2:00 PM
Economic Dev. Wednesday, SEPT 29, 1993, 10:00 AM
Ancillary Committees
Education Comm. Friday, Sept 24, 1993, 11:00 AM/1417
CATV Committee Monday, Sept 27, 1993, 10:00 AM/1417
No. 245
Adjournment
On a motion by Mr. Higgins, Seconded by Mr. Zuchlewski the Council
adjourned at 3:05 P.M.
Charles L. Michaux, III
City Clerk
Meeting Reported by Leonard G. Sciolino, Council and Committee Reporter.
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
SEPTEMBER 20, 1993
AT 10:00 A.M.
Present - George K. Arthur, President of the Common Council and
Councilmembers Bell, Collins, Coppola, Franczyk, Higgins, Perla, Pitts,
Zuchlewski - 9.
Absent - Councilmembers - Amos, Bakos, Fahey, LoTempio. - 4.
No. 1
Call for Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the
written request of five Council Members of the City of Buffalo, dated September
10, 1993, presented to you herewith, I hereby call a Special Meeting of the
Common Council, to be held in the Council Chambers, City Hall, Buffalo, New
York, on September 20, 1993 at 10:00 a.m. for the following purpose:
1. To take from the Table - Item No. 143, C.C.P., 9/7/93 (Item No. 56, C.C.P.,
7/20/93) "Amendment to the Waterfront Redevelopment Plan - Crossroads Arena.
2. To conduct a public hearing.
3. To take appropriate action.
Yours very truly,
GEORGE K. ARTHUR
President of the Council
RECEIVED AND FILED.
Hon. George K. Arthur
President of the Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that
you call a Special Meeting of the Common Council, pursuant to Section 30 of the
Charter of the City of Buffalo, for the following purpose:
1. To take from the Table - Item No. 143, C.C.P., 9/7/93 (Item No. 56, C.C.P.,
7/20/93) "Amendment to the Waterfront Redevelopment Plan - Crossroads Arena.
2. To conduct a public hearing.
3. To take appropriate action.
WE request that this Special Meeting be held on September 20, 1993 at
10:00 a.m.
Alfred T. Coppola
Rosemarie LoTempio
Dale Zuchlewski
James W. Pitts
David Franczyk
Pursuant to Rule 2 of the Rules of Order of the Common Council of the
City of Buffalo, each of the following named members of the Common Council, to
wit:
ARCHIE L. AMOS, JR. DAVID FRANCZYK
NORMAN M. BAKOS CARL A. PERLA, JR.
CLIFFORD BRIAN HIGGINS
DAVID A. COLLINS ROSEMARIE LoTEMPIO
ALFRED T. COPPOLA JAMES W. PITTS
EUGENE M. FAHEY DALE ZUCHLEWSKI
hereby states that he/she received a twenty-four (24) hours' notice of the time
and purpose of the Special Meeting of the Common Council duly called to be held
on September 20, 1993 at 10:00 a. m.
STATE OF NEW YORK)
COUNTY OF ERIE ) ss:
CITY OF BUFFALO
On this 16th day of September 1993, before me, the subscribers,
personally appeared, to me known to be the same persons described in and who
executed the foregoing instrument, and they duly and severally acknowledged to
me that they executed the same.
Richard Okoniewski
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
Commission expires 12/31/94
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of
the City of Buffalo, upon the written request of five Council Members, dated
September 10, 1993 the HON. GEORGE K. ARTHUR, has called a Special Meeting of
the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New
York, on September 20, 1993 at 10:00 a.m. for the following purpose:
1. Take from the Table - Item No. 143, C.C.P., 9/7/93 (Item No. 56, C.C.P.,
7/20/93) "Amendment to the' Waterfront Redevelopment Plan - Crossroads Arena.
2. To conduct a public hearing.
3. To take appropriate action.
Yours very truly,
CHARLES L. MICHAUX, III
City Clerk
No. 2
Notice of Hearing
Amend Waterfront Redevelopment Plan
(Item No. 143, C.C.P. Sept. 7, 1993)
(Item No. 56, C.C.P. July 20, 1993)
I hereby inform you that a public hearing has been scheduled to
be held before the Common Council at a Special Meeting on Monday, September 20,
1993, at 10:00 A.M. in the Council Chamber. The notice of hearing was published
in the City Record and the Buffalo News on Friday, September 10, 1993, and a
copy of said publications are attached hereto.
RECEIVED AND FILED.
No. 3
Take From the Table
Waterfront Redevelopment Plan Amendment- Crossroads
(Item No. 143, C.C.P. Sept. 7, 1993)
(Item No. 56, C.C.P. July 20, 1993)
Mr. Pitts moved that the above item which is the subject of a
hearing scheduled for this day before the Common Council, is hereby taken from
the table, and is now before the Common Council for its consideration.
Seconded by Mr. Coppola.
ADOPTED.
No. 4
Hearing
Waterfront Redevelopment Plan Amend - Crossroads Arena
(Item No. 143, C.C.P. Sept. 7, 1993)
(Item No. 56, C.C.P. July 20, 1993)
Mr. Pitts moved that the above item is properly before the Common
Council and the hearing be opened.
CARRIED.
Mr. Pitts moved that the hearing be closed.
CARRIED.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 5
Adjournment
At 12:25 P.M. Mr. Pitts moved to Adjourn. Seconded by Mr. Bell.