HomeMy WebLinkAbout93-1116
1No. 21
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 16, 1993
MAYOR
Hon. James D. Griffin
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
James W. Pitts - Ellicott
David A. Franczyk Fillmore
Norman M. Bakos Lovejoy
David A. Collins Masten
Carl A. PerIa Jr. Niagara
Dale Zuchlewski North
Brian M. Higgins South
Archie L Amos, Jr. University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. 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.
SPECIAL COMMITTEE ON EDUCATION:
Hon. Dale Zuchewski, Chariman, Hon. Archie L.
Amos, Hon. Brian M. Higgins, Hon.Rosemarie LoTempio, Hon. Carl A. Perla, Jr.
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.
PARKS CONSERVACY TASK FORCE:
- Hon David A. Franczyk, Hon. Archie L. Amos, Jr.
Hon Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark
Mistretta, Susan West, Albert Howard, Marge Miller, Patty Farrell, Jack
McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Robert Meldrum, Paula
Mulligan, Louise Snyder, Rev. Benny Sheppard, Gretchen Toles, Stan Buczkowski,
David P. Comerford, Samuel F. Iraci, Jr.
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, November 16, 1993
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins,
LoTempio, Pitts, and Zuchlewski- 12.
ABSENT- Perla- 1.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on November 3, 1993 were approved.
FROM THE MAYOR
No. 1
g:\Veto Local Law Intro. No. 6 (1993) Commissioner of Inspections and Community
Revitalization
Item No. 231, C.C.P. Sept. 7, 1993
l am vetoing Local Law Intro. No. 6 which would amend section
one hundred forty-three of the charter of the City of Buffalo; relating to the
duties and powers of the Commissioner of Inspections and Community
Revitalization.
The amendment in question states: "He shall prepare and file with the
Common Council a detailed and comprehensive plan for the revitalization of city
neighborhoods, to include provision for code enforcement, grant programs, new
housing strategies and personnel deployment, and shall file an update of such
plan annually by the first day of December."
The reasons for my veto are:
(1) The City of Buffalo is presently working on its Five Year CHAS
(Comprehensive Housing Assistance Strategy), which is required by the
Department of Housing and Urban Development by the end of this year. The CHAS
process requires that the City predict the use of all funds and their source
which are used to improve the affordability of housing.
(2) The executive branch of government will be starting negotiations with the
Common Council in the near future, on the allocation of 20th year Community
Development Block Grant dollars.
(3) The Common Council has established its own review and approval authority,
in the allocation of federal HOME and HOPE program dollars.
(4) The Common Council, through its review and approval authority of the City
budget; has considerable influence in negotiating the number and deployment of
building inspectors.
(5) All of the above listed activities require public participation and
comment. A sufficient time period for comment and addressing public input
should be followed prior to formalizing long term housing plans.
(6) Additionally, a new administration will be reviewing the existing
structure of the Department of Inspections and Community Revitalization and
should not be hampered by the proposed amendment to section one hundred and
forty-three of the charter of the City of Buffalo.
Therefore, I am vetoing this Local Thaw Intro. No. 6, amending the duties
of the Commissioner of Inspect ions and Community Revitalization for the
reasons listed above.
Mr. Fahey now moved to override the Mayor's Veto of Local Law Intro No. 6
(1993) - Duties of Commissioner of Inspections and Community Revitalization.
(Res. 231, C.C.P., September 7, 1993).
Seconded by Mr. Higgins.
REPASSED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS-
9.
NOES- BELL, COPPOLA, ZUCHLEWSKI- 3.
No. 2
Reappointment - Buffalo
Environmental Management Commission
Pursuant to the powers vested in me by Section 318.2 of the Charter
of the City of Buffalo, as amended, I hereby reappoint Robert O'Hara, residing
at 37 Woodward Avenue, Buffalo 14214, as a member of the Buffalo Environmental
Management Commission for a term expiring December 13, 1995.
I hereby certify that Robert O'Hara if fully qualified to serve as a
member of the Buffalo Environmental Management Commission.
RECEIVED AND FILED.
No. 3
Reappointment of Member of Board of Ethics
Pursuant to the powers vested in me by Section 12-19, Article
Il, Chapter 12 of the Buffalo Code, I hereby reappoint, subject to confirmation
by Your Honorable Body, Sister Denise A. Roche, D'Youville College, 320 Porter
Avenue, Buffalo 14201, as a member of the Board of Ethics, for a term expiring
on September 4, 1998.
I hereby certify that Sister Denise A. Roche is fully qualified for
reappointment to the Board of Ethics.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 4
Designation of Nominees for appointment to the Board of Trustees of the Buffalo
and Erie County Public Library
Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter
768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3)
nominees designated by me as eligible for appointment to the Board of Trustees
of the Buffalo and Erie County Public Library. The County Executive, subject to
confirmation by the County Legislature, will appoint one trustee from the said
three (3) nominees for a term ending December 31, 1998. The vacancy was
created by the expiration of the term of Dale J. Floss on December 31, 1993.
Dale J. Floss 209 Summer Street - Apt. 10
Buffalo, 14222
Michael G. Lyons 29 Wright Avenue
Buffalo, 14215
Jay B. Duderwick 335 Weimar
Buffalo, 14206
Dale J. Floss is currently owner of the Village Florist of Buffalo, Inc.,
571 Elmwood Avenue - 14222. He is the former founder and President of
Consolidated Piggyback Inc., former District Manager of Clipper Carloading and
former Sales/operations manager for Black Diamond Service, Inc.
Dale J. Floss has been very active in many community and professional
organizations:
- Chairman, Transportation Advisory Bd City of Buffalo -
1980-87
- Member, Executive Committee - Buffalo
Sesquicentennial - 1982
- Director, Buffalo Canoe Club - 1973-76
- Chairman, Entertainment Committee, Saturn Club -
1976
- President, Buffalo Tennis Group - 1970-81
- Editor, Buffalo Transportation Club Newsletter - 1965-74
- Director, Buffalo Transportation Club - 1967-69
- Director, Delta Nu Alpha Traffic Club - 1968-70
Michael G. Lyons, manager of Energy and Utilities for the Buffalo
Municipal Housing Authority is a life-long resident of the City of Buffalo.
Mr. Lyons is a graduate of S.U.N.Y. at Buffalo with a Bachelor of Arts degree
in Sociology. He has been a member of the Buffalo City Planning Board since
1978.
Jay B. Duderwick is Director of Community Revitalization for the City of
Buffalo. He has responsibility for the planning, development, marketing and
delivery of neighborhood revitalization programs in the City of Buffalo. He
attended Midwestern University, Wichita Falls, Texas from September 1971 to
December 1971 and SUNYAB from May 1972 to May 1975.
Mr. Fahey moved:
That the communication from the Mayor, dated October 21, 1993, be
received and filed; and
That the nominee designation of Dale J. Floss, 209 Summer Street, Apt.
10, Buffalo, 14222, Michael G. Lyons, 29 Wright Avenue, Buffalo, 14215 and Jay
B. Duderwick, 335 Weimar, Buffalo, 14206 as members of the Board of Trustees of
the Buffalo and Erie County Public Library for a term expiring December 31,
1998, be approved.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 5
Salary Differential -
Acting Commissioner of Street Sanitation
This is to confirm my designation, as Acting Commissioner of the
Department of Street Sanitation, of William R. Comello, who is currently Deputy
Commissioner of that Department. This designation became effective as of
November 8, 1993.
Accordingly, I hereby request that Your Honorable Body authorize the
Comptroller to provide Acting Commissioner Comello, differential pay effective
November 8, 1993, as follows:
Deputy Commissioner, Current Salary: $40,948
Acting Commissioner, Current Salary: $59,768
Your Honorable Body has in the past approved acting pay salary
differentials for various city officials, including officials within the
Department of Audit and Control.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 6
Crippled Childrens Guild Request to Erect an Accessory,
Illuminated, Ground Sign at 938 Delaware
Item No. 98, C.C.P. 11/3/93
The City Planning Board, at its regular meeting held Tuesday,
November 9, 1993, considered the above request pursuant to Section 387-19 of
the Buffalo Code - The Review of Ground Signs.
The applicant seeks to erect an illuminated, accessory, ground sign,
which will measure 8 feet in height and 4 feet in width (48 square foot sign
face area). The sign will be built entirely on private property.
The site is located in an R4 zone, which prohibits such signage.
Consequently, the applicant has petitioned the Zoning Board of Appeals for
relief. The site is also located in the Linwood Preservation District and has
been approved by the Buffalo Preservation Board at its meeting of November 4,
1993. Under SEQR, the proposed sign may be considered a Type II action, which
does not require further environmental review.
The Planning Board voted "no objection" to the proposed sign.
RECEIVED AND FILED.
FROM THE PRESERVATION BOARD
No. 7
Proposed Demolition Great Northern Elevator
(ADM/Pillsbury Mills, Inc.)
250 Ganson Street
The following Positive Declaration and Notice of Intent to Prepare
a Supplemental EIS is being filed with your Honorable Body pursuant to Part
617, Section 8 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE EXAMINING BOARD OF ELECTRICIANS
No. 8
Filing/Adoption of National Electrical Code
The Examining. Board of Electricians formally adopted the 1993
Electrical Code as the standard for electrical installations in the City of
Buffalo. A copy of the minutes of the meeting are attached.
Please inform me as to the procedure to incorporate the 1993 version of
the National Electrical Code to the City Ordinances.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 9
Certificate of Necessity
Transfer of Funds
Division of Budget and Management
Capital Projects Fund - Division of Buildings
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 $890 be transferred and reappropriated from the Division of
Budget and Management- Planning for Capital Improvements account and said sum
is hereby reappropriated as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, November 5, 1993
RECEIVED AND FILED.
No. 10
Crossroads Arena Project -Use of City Bond Proceeds
In response to your concerns about the proposal for the City and
BURA to contract with the Crossroads Arena Corporation for the payment of City
bond proceeds to CAC for construction, design and technical service costs
incurred by CAC. These services would be in connection with site preparation,
the fee simple ownership of such site running to BURA on behalf of the City
subject to a groundlease to CAC and ECIDA. I believe the Corporation Counsel
is providing Your Honorable Body with an opinion as to the legality of such an
arrangement.
A similar arrangement was effectuated for the construction of Pilot
Field. This office is satisfied that if a similar City audit and review
process for CAC construction draws is implemented, I am prepared to undertake
such responsibilities and I am satisfied that public investment in this project
can be safeguarded.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 11
Permission to Negotiate
287 Madison Avenue (30' x 109')
E 120' N Peckham
Assessed Valuation: $1,700
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Ruby T. Davis of 289 Madison, Buffalo, New York, to
purchase the above captioned property.
Mrs. Ruby T. Davis would like to purchase this property, which is
adjacent to her home to widen her driveway, build a garage, extend her yard and
fence in to secure the area.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated October 25, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Mrs. Ruby T. Davis, 289 Madison, for the private sale of 287 Madison Avenue and
report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 12
Permission to Negotiate 382 William Street (30' x 92')
W corner of Pratt
Assessed Valuation: $2,100 Land
Total $24,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Mohamed J. Safraj, 129 97th Avenue, Richmond Hill, New
Jersey 11419, to purchase the above captioned property.
The subject property consists of a two and one-half (2 1/2) story
commercial structure situated on a lot 30' x 92'. Mr. Safraj intends to
purchase and rehabilitate the subject property and use for income purposes.
The Tax and Demolition Lien offices have been contacted and there are no
taxes and/or no demolition liens owing. The Department of Community
Development and Community Revitalization were also contacted and have no
objections to a sale.
Therefore, we are requesting permission to negotiate a private sale with
Mr. Mohamed J. Safraj and will report the results of our negotiation back to
Your Honorable Body for final approval.
Mr. Fahey moved:
That the communication from the Comptroller dated November 9, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Mr. Mohamed J. Sfraj, 129 97th Avenue, Richmond Hill, New Jersey 11419, for the
private sale of 382 William Street and report to this Honorable Body the
results of such negotiations.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PITTS- 11.
NOES- ZUCHLEWSKI- 1.
No. 13
Results of Negotiations
180 Myrtle, N 181.33 W Cedar
Vacant Lot: 21.90' x 78'
Assessed Valuation: $1,000
Item No. 131, C.C.P. 5/25/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Axel Diaz, 178 Myrtle, Buffalo, New York 14212. Mr. Diaz intends to
purchase this property for yard expansion.
An independent appraisal of the property was conducted by R.W. Bronstein
Appraisers, 3666 Main Street, Buffalo, New York 14215. They have estimated the
fair market value of the property to be Four Hundred Dollars ($400). This
represents approximately twenty-three cents ($.23) a square foot for the
subject property. The Division of Real Estate concurs with the appraiser's
estimate of value. The lot Is narrow with only 78 feet of depth and therefore
has limited utility.
The results of our negotiations are that Mr. Diaz has agreed and is
prepared to pay Four Hundred Dollars ($400) for the subject property. He has
also agreed to pay for the cost of the appraisal, transfer tax, recording fees
and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
180 Myrtle Street to Mr. Axel Diaz in the amount of Four Hundred Dollars
($400). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for transfer of the
property and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Results of Negotiations
635 Broadway 84.39' NE Adams
Vacant Lot: 27.10' x 131'
Assessed Valuation: $2,700
Item No. 195, C.C.P., 7/6/93
In the above referenced Item , your Honorable Body authorized
the office of the Comptroller, Division of Real Estate, to negotiate a private
sale of 635 Broadway, Buffalo, New York, to Ms. Sandra Archibald and Mark
O'Riley of 633 Broadway. They intend to purchase this property for business
expansion.
An independent appraisal of the property was conducted by Able Realty
Appraisals, Michael W. Heigl, Appraiser, 148 South Martin Road, Grand Island,
New York 14072. He has estimated the fair market value of the property to be
Twelve Hundred Dollars ($1,200). This represents approximately thirty-four
($.34) a square foot for the subject property. The Division of Real estate
concurs with the appraiser's estimate of value.
The results of our negotiations are that Mr. Mark O'Riley has agreed and
is prepared to pay Twelve Hundred Dollars ($1,200) for the property. He has
also agreed to pay for the cost of the appraisal, transfer tax, recording fees
and cost of the legal description.
Therefore, I am recommending that your Honorable Body approve the sale of
635 Broadway to Mr. Mark O'Riley in the amount of Twelve Hundred Dollars
($1,200). I am further recommending that your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for the transfer of the
property and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 15
Results of Negotiations
363-371 East Ferry- S 545.36' E Dupont
Vacant Lot: 158' x 132'
Assessed Valuation: Land $19,000
Total $25,000
Item No. 101, C.C.P. 6/22/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Rev. Benny Sheppard of Benny Sheppard Ministries, Inc., 269 Hickory
Street, Buffalo, NY 14204. Rev. Sheppard intends to acquire this commercial
building, rehabilitate it and provide outreach programs for the residence of
that area.
Financing for the purchase and rehabilitation of this project will come
from fund raising, private and public sector donations.
An independent appraisal of the property was conducted by Able Appraisal
Associates, Michael Heigel, Appraiser, 148 South Martin Road, Grand Island, New
York 14072. He has estimated the fair market value of the property to be Five
Thousand Dollars ($5,000). The Division of Real Estate concurs with the
appraiser's estimate of value.
The results of our negotiations are that Rev. Benny Sheppard has agreed
and is prepared to pay Five Thousand Dollars ($5,000) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body authorize the sale
of 363-371 East Ferry Street to The Benny Sheppard Ministries, Inc. in the
amount of Five Thousand Dollars ($5,000). I am further recommending that Your
Honorable Body authorize the Corporation Counsel to prepare the necessary
documents for closing and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated November 10, 1993, be
received and filed; and
That the offer of Rev. Benny Sheppard of Benny Sheppard Ministries, Inc.,
269 Hickory Street, in the sum of $5,000.00 (Five Thousand Dollars) to purchase
the property described as 363-371 East Ferry, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 16
Results of Negotiations
945 Genesee St., 65.50' W Reed
Vacant Lot: 32' x 115'
The Office of the Comptroller, Division of Real Estate, received
a request from King Urban Life Center, Inc., 3400 Marine Midland Center,
Buffalo, New York, to purchase the above captioned property.
The property is improved with a two and one-half story framed building
which had been ear-marked for demolition until the recent interest by the King
Urban Life Center. They intend to purchase and rehabilitate the structure and
use for the purpose of establishing an office to oversee the completion and
restoration of the King Center (formerly St. Mary of Sorrows Church). The cost
for repair and rehabilitation of the structure is estimated at Thirty Thousand
Dollars ($30,000). King Life Center has sufficient funds on hand to complete
the necessary rehabilitation of the building and has enlisted Habitat for
Humanity to assist in this project.
An independent appraisal of the property was conducted by Michael W.
Heigl, Able Realty Appraisals, Inc., 148 South Martin Road, Grand Island, New
York 14072. He has estimated the fair market value of the property to be
Twelve Hundred Dollars ($1,200). This value consists of land value only since,
the condition of the improvement contributes no value to the property. The
land value estimated by the appraiser represents approximately thirty-three
cents ($.33) a square foot. The Division of Real Estate concurs with the
appraiser's estimate of value.
The results of our negotiations are that King Urban Life Center has
agreed and is prepared to pay Twelve Hundred Dollars ($1,200) for the property.
They have also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the offer
of the King Urban Life Center, Inc. in the amount of Twelve Hundred Dollars
($1,200). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for transfer of title
and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, reporting the results of
negotiations for the sale of 945 Genesee Street be and the same is hereby
received and filed; and
That the offer of King Urban Life Center in the sum of $1,200.00 to
purchase the property described as 945 Genesee Street; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 17
Results of Negotiations
323 Northampton St.
193' W of Jefferson
Vacant Lot: 35' x 123'
Assessed Valuation: $1,900
Item No. 14, C.C.P. 5/11/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with James E. Lytch and Doris Massey, owners of 325 Northampton, to purchase
the above captioned property. They intend to purchase this property in order
to add on to their house and enlarge the bedrooms in their home.
An independent appraisal of the property was conducted by James H. White
Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has estimated the
fair market value of the property to be Eight Hundred and Fifty Dollars ($850).
This represents approximately twenty cents ($.20) a square foot. The Division
of Real Estate has investigated the sales of similar properties in the area.
Sale prices range from twenty cents ($.20) to twenty-four cents ($.24) a square
foot.
The results of our negotiations are that James Lytch and Doris Massey
have agreed and are prepared to pay One Thousand Dollars ($1,000) for the
subject property, ($.24 a square foot). They have also agreed to pay for the
cost of the appraisal, transfer tax, recording fees and cost of the legal
description.
Therefore, I am recommending that Your Honorable Body approve the sale of
323 Northampton to James Lytch and Doris Massey in the amount of One Thousand
Dollars ($1,000). I am further recommending that Your Honorable Body authorize
the Corporation Counsel to prepare the necessary documents for transfer of
title and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated November 9, 1993, be
received and filed; and
That the offer of James E. Lytch and Doris Massey, owners of 325
Northampton Street, in the sum of $1,000.00 (One Thousand Dollars) to purchase
the property described as 323 Northampton Street, be and hereby is accepted;
and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 18
Results of Negotiations
229 Riley, S 435 E Masten
Vacant Lot: 30' x 172'
Assessed Valuation: $1,400
Item No. 14, C.C.P. 7/20/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Herbert Bridges of 231 Riley Street, to purchase the above captioned
property. Mr. Bridges intends to purchase this property, which is adjacent to
his residence, for neighborhood beautification.
An independent appraisal of the property was conducted by Mr. Thomas
Evege, Appraiser, 1600 Jefferson Avenue, Buffalo, New York 14208. He has
estimated the fair market value of the property to be Six Hundred Dollars
($600). This represents approximately twelve cents ($.12) a square foot. The
Division of Real Estate has investigated the sales of similar properties in the
area. Sale prices range from twenty cents ($.20) to twenty-four cents ($.24) a
square foot.
The results of our negotiations are that Mr. Herbert Bridges has agreed
and is prepared to pay One Thousand Dollars ($1,000) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
229 Riley Street to Mr. Herbert Bridges in the amount of One Thousand Dollars
($1,000). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for transfer of title
and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated November 9, 1993, be
received and filed; and
That the offer of Mr. Herbert Bridges, 231 Riley Street, in the sum of
$1,000.00 (One Thousand Dollars) to purchase the property described as 229
Riley Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 19
Quarterly Financial Data
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the city of Buffalo General Fund for the
period July l through September 30, 1993 has been delivered to Common Council
Chief-of-Staff Vincent LoVallo.
This is in response to your request for quarterly financial data. We have
also submitted this data to the Budget Office and it is made available to
departments and divisions individually in a printed format and on their
'on-line computer terminals.'
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The Statement of Appropriation/Accounting Activity reports data on an
individual expense line basis. The Summary of Appropriation/Accounting
Activity summarizes line items data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an 81X identifier. The Detail of Revenue Report summarizes
individual revenue accounting activity by department and division, and also
summarizes all revenue activity by source (NYS, Federal, etc.).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Certificate of Appointment
Appointment effective November 1, 1993 in the Department of Audit
and Control, Division of Data Processing, Carla Rogers, 115 Folger, Buffalo
14220, to the position of Senior Data Processing Equipment Operator, Permanent,
at the Intermediate starting salary of $25,182.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 21
Certificate of Appointment
Appointment effective September 28, 1993 in the Department of
Audit and Control, Division of Audit, Christine M. Petschke, 18 Progressive,
Buffalo 14207, to the position of Assistant Auditor Provisional, at the
Intermediate starting salary of $25,942.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 22
Temporary Board of Assessment Review
The Department of Assessment expects that this December of 1993,
property owners will be filing nearly 4,000 assessment complaints which would
be at the same level as the 1993 Assessment Update of nearly 5,000 complaints.
The 4,000 anticipated assessment complaints is not unusually high in the year
following an Assessment Update.
In preparing the 1993-94 budget, the Department of Assessment included
additional funding for a four (4) member Temporary Board of Assessment Review
to assist in handling the anticipated 4,000 assessment complaints. Therefore,
I am requesting that the Colon council take the necessary steps to appoint four
members to a Temporary Board of Assessment Review. The Temporary Board of
Assessment Review will be needed to assist the Permanent Board of Assessment
Review to deal with the anticipated 4,000 assessment complaints filed for
fiscal year 1994-95.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Refund Excess Tax
Buffalo Village Associates
Item No. 23, C.C.P. 10/05/93
The City of Buffalo has Agreements for reduced real property taxes
with the following four companies:
1. BRACO I
2. Watergate II Apartments
3. Buffalo Village Associates
4. Maryner Associates
The City has only four such Agreements. I have enclosed for Your
Honorable Body copies of the aforementioned four Agreements. Also enclosed for
your information is a copy of a letter that I have sent to all four companies
requesting information that I consider pertinent for the City's files.
Further, the information requested will be used to devise a new procedure
whereby the City's initial real property tax bill issued to these four
companies on July 1st will be closer to their real property tax liability as
stated in their Agreement with the City. Once this information is filed with
this office, I will forward it to Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 24
Monthly Report of Licenses
Issued in October 1993
I am respectfully submitting the enclosed report of licenses issued
in the month of October 1993 by the Division of Licenses.
RECEIVED AND FILED.
No. 25
Request For Change In Parking Restrictions on Seventh Street between
Connecticut Street and Busti Avenue
Item No. 249, C.C.P., October 5, 1993
This is in response to C.C.P. #249 of October 5, 1993. This communication
once again requested that the Department of Public Works eliminate the current
alternate parking restrictions on Seventh Street between Connecticut and Busti
for the period of May 1 thru October 30 each year.
Alternate Parking was instituted on city streets for the following main
reasons:
1. to ease and facilitate the movement of emergency vehicles into and
through the street;
2. to aid and assist in trash pick-up and removal, including bulk-trash
removal;
3. to allow snow removal equipment the ability to "clean/clear" a street
from curb to curb;
4. to provide a safer street for both vehicles and pedestrians.
At present this section of Seventh Street already contains Type 11 -
Alternate Parking. This is the least restrictive type of parking allowed in the
City and it provides for overnight and weekend parking on both sides of the
street. While this scenario, coupled with Seventh's 30' street width, does not
severely hamper access of emergency vehicles, removal of all parking
restrictions would definitely impede, if not prevent, trash removal. Also, the
true safety of vehicles and pedestrians using this thoroughfare must be
questioned.
Furthermore, as we have asked before, how do we remove restrictions in
this section of Seventh without providing the same parking opportunities for
other portions of this street? How do we not provide this service for other
sections of the City when parking concerns are of equal weight?
Therefore, given the above, the Department of Public Works still does not
deem it feasible to and will not make any change to the current parking
restrictions on Seventh Street between Connecticut Street and Busti Avenue.
RECEIVED AND FILED.
No. 26
Notification Serial #8320
Stop Signs on W. Fuhrmann Blvd. North of S. Michigan Ave
STOP SIGN
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
STOP SIGNS
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
West Fuhrmann Blvd. U.S. Coast Guard
Gate Entrance
Notification Serial #8321
All Way Stop Signs on Easton Avenue at Newburgh Avenue
STOP SIGNS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
STOP SIGNS
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
Easton Avenue Newburg Avenue
Notification Serial #8322
Repeal Permissive Parking Washington Street between Carlton and Burton Streets
It is the Department of Public Works understanding that Community
Development Commissioner, Sam Iraci, will be submitting an item to accompany
this serial communication. Commissioner Iraci's companion item will explain in
detail the need for this request.
Permissive Parking
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
Permissive Parking
following:
Permissive Parking Location Period of Permissive Parking
Washington Street east side Effective Daily Except Sunday
from Carlton Street to Burton St 2 Hr Pkg 7 a.m. - 7 p.m.
Washington Street west side Effective Daily Except Sunday
from Carlton Street to Burton St 2 Hour Parking 7 a.m. - 7 p.m.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
Report of Bids
Exhaust System Fire Headquarters
195 Court Street
I advertised for on October 26, 1993 and received the following
sealed proposals which were publicly opened and read on November 9, 1993.
Buffalo Sheet Metals 26,649.00
Air Cleaning Systems 27,954.00
B.H. Refrigeration, Inc. 31,470.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Buffalo Sheet Metals in the amount of $26,649.00 is
the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 085-00-982 - Department of Fire.
Estimate for this work was $30,000
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Exhaust System, Fire Headquarters, 195 Court Street to
Buffalo Sheet Metals, the lowest responsible bidder in the amount of
$26,649.00, with said cost to be charged against B/F 085-00-982 Department of
Fire.
PASSED.
AYES- 12 NOES- 0.
No. 28
Report of Bids
Resurfacing of City Pavements 1993-1994
Item No. 30, C.C.P. 07/20/93
This is to advise your Honorable Body that I have advertised and
received bids on November 03, 1993 for Resurfacing of City Pavements 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:
Destro Bros. Conc. Co., Inc. $354,902.50
Thomann & Loewer Asph. Pav. Corp. $364,667.50
Amherst Paving, Inc. $369,427.50
Nichter Utility Constr. Co., Inc. $378,765.00
Tom Greenauer Development, Inc. $410,850.00
Collana Bros. Constr. Co., Inc. $430,064.50
Hartford Paving Corp. $445,010.00
N.E. Diversification, Inc. $477,855.00
I hereby certify that the lowest responsible bidder for the above project
is Destro Bros. Conc. Co., Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in
an amount not to exceed $354,902.50. The engineer's estimate for this work is
$357,350.00.
The attached is certified to be a true and correct statement of the two
(2) 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
December 20, 1993. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 8, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Resurfacing of City Pavements 1993-1994 to Destro Bros.
Concrete Co., Inc., the lowest responsible bidder in the amount of $354,902.50,
with said cost to be charged against the Capital Projects Fund
#200-401-507-00-000 in an amount not to exceed $354,902.50.
PASSED.
AYES- 12 NOES- 0.
No. 29
Report of Bids
Water Line Replacement in Lovering Avenue, Delham Street and Virgil Avenue
As authorized by your Honorable Body in Item No. 37 of April 27,
1993 plans and specifications were prepared and sealed proposals accepted for
Replacement of existing pipe with 8 ductile iron pipe along Lovering Avenue
(2,530 l.f.) and Virgil Avenue (70 l.f.) and Replacement of existing pipe with
10 ductile iron pipe along Delham Street (1,250 l.f.) in the City of Buffalo.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, November 3, 1993:
Visone Construction, Inc.
79 Sheldon Avenue
Depew, New York 14043 $401,851.00
E & R General Construction, Inc.
38 St. Davids Drive
West Seneca, New York 14224 $431,850.00
Nichter Utility Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $460,673.00
Mar-Wal Construction Company, Inc.
440 Gould Avenue
Depew, New York 14043 $529,930.00
Firstrhyme Construction Corporation, Inc.
3517 Genesee Street
Buffalo, New York $541,482.00
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $553,355.00
Paul J. Gallo Contracting, Inc.
7775 Northfield Road
Clarence, New York 14032 $614,525.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Visone Construction, Inc., 79 Sheldon Avenue, Depew,
New York is the lowest responsible bidder for the Waterline Replacement in
Lovering Avenue, Delham Street and Virgil Avenue with their bid of $401,851.00
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Visone Construction,
Inc. for the above work in the amount of $401,851.00 and same be charged to the
Division of Water's 416-980-066-00-000 account.
The Engineer's estimate for this work was $758,250.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 8, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Waterline Replacement in Lovering Avenue, Delham Street
and Virgil Avenue, to Visone Construction, Inc., the lowest responsible bidder
in the amount of $401,851.00, with said cost to be charged against the Division
of Water's 416-980-066-00-000 account.
PASSED.
AYES- 12 NOES- 0.
No. 30
Report of Bids
8" Watermain in Gibson Street
As authorized by your Honorable Body in Item No. 46 of May 27,
1986 plans and specifications were prepared and sealed proposals accepted for
New 8" Watermain in Gibson Street.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Monday, October 18, 1993:
Visone Construction Inc.
79 Sheldon Avenue
Depew, New York 14043 $212,192.50
E & R General Construction
38 St. Davids Drive
West Seneca, New York 14224 $217,825.00
Kandey Company
19 Ransier Drive
West Seneca, New York 14224 $283,457.00
Mar-Wal Construction Company, Inc.
440 Gould Avenue
Depew, New York 14043 $287,950.00
Firstrhyme Construction Corp., Inc.
3517 Genesee Street
Buffalo, New York 14225 $344,608.00
Pinto Construction Services, Inc.
51 Perry Street
Buffalo, New York 14203 $379,645.95
All bids have been reviewed by the Consulting Engineer and the Division
of Water and found to be fair and equitable.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Visone Construction, Inc. is the lowest responsible
bidder complying with the specifications for a new 8" Watermain in Gibson
Street with their bid of $212,192.50.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Visone Construction
Inc. for the above work in the amount of $212,192.50 and same be charged to the
Division of Water's 416-982-004 account.
The Engineer's estimate for this work was $ 295,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 1, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for a New 8" Watermain in Gibson Street, to Visone
Construction, Inc., the lowest responsible bidder in the amount of $212,192.50,
with said cost to be charged against the Division of Water's 416-982-004
account.
PASSED.
AYES- 12 NOES- 0.
No. 31
Change in Contract Plumbing Work
Kleinhans Music Hall Phase 11A
I herewith submit to Your Honorable Body the following change
in contract for Kleinhans Music Hall, Phase 11A, John W. Danforth Co.
C-91706200:
1. Install new drinking fountain drain to existing drain line
(existing line was not where original drawings indicated
below slab). Add $ 558.00
2. Fill void discovered under new men's room slab.
Add 2,337.00
3. Install additional boiler vent piping per City
Inspector request. Add 3,077.00
4. Replace two pedestal sinks with two
wall-hung, handicapped accessible
sinks. Add ------
The foregoing change results in a net increase in the contract of -Five
Thousand Nine Hundred Seventy-two and 00/100 Dollars (5,972.00)
Original Amount of Contract $46,490.00
Amount of this change (No. 1) Add 5,972.00
Revised Amount of Contract $52,462.00
These changes were requested by Hamilton, Houston, Lownie, Architects on
this project. These changes 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.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #1 to John W. Danforth Co., changes resulting in a net
increase in the amount of $5,972.00, as more fully described in the above
communication, for work relating to Plumbing Work at Kleinhans Music Hall,
Phase 11A, C-91706200. Funds to be charged to B/F 200-402-068 Division of
Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 32
Change in Contract Mechanical Work
Kleinhans Music Hall Phase 11A
I herewith submit to Your Honorable Body the following change
in contract for Kleinhans Music Hall, Phase 11A, John W. Danforth Co.
C-91706300:
1. Reroute existing equalizing lines
on the boiler feed system. Add $1,451.00
2. Reroute vacuum pump piping to
improve heating return. Add 993.00
3. Relocate condensate piping
interfering with new wall location
(found during demolition. Add 274.00
4. Value downsizing and quantity change. Add ------
5. Use standard tank in lieu of epoxy
resin coated tank. Deduct 150.00
6. Omit replacement of 6 control valves
located at back of auditorium.
Inaccessible at this phase. Deduct 169.00
7. Substitute "historic style"
thermostats for standard style. Add 3,093.00
8. Change one control valve to two
(1/3 + 2/3) valves in series, at four
separate locations, better, control,
match original design intent, meet
heating season schedule. Add 9,865.00
9. Repair concrete sidewalk damaged
during tank removal, betterment to add
color and aggregate. Add 69.00
The foregoing change results in a net increase in the contract of Fifteen
Thousand Four Hundred Twenty-six and 00/100 Dollars ($15,426.00).
Original Amount of Contract $389,230.00
Change Order No. 1 # 43 CCP 11-3-93 Deduct 24,129.00
Amount of this change (No. 2) Add 15,426.00
Revised Amount of Contract $380,527.00
These changes were requested by Hamilton, Houston, Thownie, Architects on
this project. These changes 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.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to John W. Danforth Co., changes resulting in a net
increase in the amount of $15,426.00, as more fully described in the above
communication, for work relating to Mechanical Work at Kleinhans Music Hall,
Phase 11A, C-91706300. Funds to be charged to B/F 200-402-068 Division of
Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 33
Change in Contract General Construction Work Kleinhans Music Hall Phase I
I herewith submit to Your Honorable Body the following change
in contract for the General Construction Work for Kleinhans Music Hall, Phase
I, BRD Inc. C-91685100:
1. Repair concrete soffits at Mary Seaton
Room exits. Add $4,154.00
2. Porter Vestibule slab repair and
brass edge work. Add 8,555.00
3. Elevator ADA "Hands free" telephone
and dialer. Add 799.25
4. Delete portion of cheek walls at
Normal Ave. Deduct 4,427.00
5. Epoxy Sealant in mat wells in
Vestibules. Add 3,392.50
6. New swivel rings at dry standpipe
connections. Add 2,497.06
7. Elevator pit water control. Add 480.80
8. Waterproof bottom of exterior base
stone panels. Add 356.50
The foregoing change results in a net increase in the contract of Fifteen
Thousand Eight Hundred eight and 11/100 Dollars ($15,808.11).
Original Amount of Contract $895,000.00
Change Order No. 1 #24 CCP 3-2-93 Deduct 25,437.00
Change Order No. 2 #65 CCP 9-7-93 Add 18,248.60
Change Order No. 3 #42 CCP 11-3-93 Add 20,172.36
Amount of this change (No. 4) Add 15,808.11
Revised Amount of Contract $923,792.07
These changes were requested by Hamilton, Houston, Lownie, Architects on
the project. These changes 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.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #3 to BRD Inc., changes resulting in a net increase in the
amount of $15,808.11, as more fully described in the above communication, for
work relating to Mechanical Work at Kleinhans Music Hall, Phase 11A,
C-91685100. Funds to be charged to B/F 200-402-068 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 34
Forgive Water Bill
51 Amsterdam Street
Item No. 193, C.C.P. 10/19/93
The Division of Water's Engineering Department went out on July
15, 1993 to test the water pressure at both 48 Amsterdam and 51 Amsterdam. It
was determined that a defective service line, defective plumbing system or both
created the cause of the pressure problems. Mr. Crotty was advised that it was
his responsibility and he should therefore engage the services of a licensed
plumber to correct the situation.
The water/sewer bill reflects a balance back to May, 1991. A payment of
$100.00 was made May 11, 1993. The owner called on September 1, 1993 and made
a commitment to pay $360.99 down and $50.00 a month along with all current
bills as they become due. This commitment was never kept. A turn off notice
was left at the property on September 17th. On October 10th the Commissioner
of Public Works put a hold on the turn off notice until this matter could be
resolved.
Due to the fact that this bill was from a time previous to Mr. Crotty's
accident on June 30, 1993, we feel that Mr. Crotty is liable for the amount
owing to the Division of Water. Perhaps Mr. Crotty could receive some aid from
the Department of Social Services.
The water portion of the bill owing as of November 1, 1993 is $724.80.
Arrangements should be made to pay this amount as the Division of Water cannot
cancel the charges as that would constitute a gift of public funds.
Please note, in addition to the $724.80 owing for water, there is a total
of $797.61 owed to the Buffalo Sewer Authority. If Mr. Crotty feels that he is
entitled to consideration from the Buffalo Sewer Authority, he must contact
them directly as the Division of Water has no jurisdiction over adjustments on
the sewer portion of the water bill.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Sylvia Nebrich
Request Installation of Water Meter
Item No. 85, C.C.P. 10/19/93
In response to your request, please be advised on September 15,
1993 the Division of Water sent a letter to Mrs. Nebrich addressing her
concerns.
It was explained to Mrs. Nebrich that the Division of Water serves the
citizens of the City of Buffalo who are in essence taxpayers. Anyone else
bordering the City or under an adjacent municipality are charged by their own
municipality or Erie County Water Authority. As a service we supply water to
approximately one hundred and fifty (150) homes that border the City of Buffalo
or are outside the City. All water charges not enumerated in the regular
consumption of water rates are subject to special rates which are fixed by the
Director of Water and subject to the approval of the Buffalo Water Board. That
is why these individuals are charged double rates versus those in the City.
We have advised Mrs. Nebrich to contact her local municipality to whom
she pays tax dollars to and ask if there is any way that they can in fact
supply her with water. If it is possible, we can then have her service line
from the City of Buffalo's watermain terminated and she will no longer be
charged by the City of Buffalo.
We have obtained information from the Buffalo Sewer Authority that the
Town of Cheektowaga services this address for sewer and therefore, there are no
sewer charges on the water bill sent to Mrs. Nebrich by the City of Buffalo.
In regards to Mrs. Nebrich's statement that here request for information
was ignored, attached please find copies of communications to Mrs. Nebrich
dated September 15, 1993 and October 1, 1993.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Report on Street Cut Permits
Item Number 158, C.C.P. of November 3, 1993
This item has requested the Department of Public works to disclose
the number of Plumbing Permits that have been issued during the past three
years to private plumbers and the amount of revenue collected from the issuance
of these permits.
Since November 1, 1990 to the present, a total of 1,599 inside the curb
permits have been issued with a total of $33,470.00 collected from private
plumbers from their issuance.
During that same period, a total of 1,955 street pavement cut permits
were issued with a total of $61,371.00 collected from the permit fees and a
total of $160,540.70 was collected at the same time to restore the street
pavement.
All of the revenues collected from the issuance of these permits together
with the deposit collected for the street pavement cut restoration is deposited
in the General Fund and is not directly earmarked for use by this department.
Prior to the past two years, the street pavement cuts were patched under
our annual Street Overlay Program with funds that were provided in our annual
O. & M. Budget. For the last two years, however, funds have not been allocated
for this purpose. The State CHIPS Funds that we do receive cannot be used for
the repair of street cuts. We patched between 250 and 300 street cuts per year
and we found this was an effective, cheaper method of patching the street
pavement than the single cut method we used before.
One of the items we require plumbers to provide under the terms of the
Issuance of the Street cut permit is an adequate concrete cap that he must
maintain for a two year period from the date the permit is issued. If a street
cut is left unpatched beyond that time, the city maintains the cut at no cost
to the plumber until the cut is overlayed.
With respect to those pavement cuts made by utility companies, the
following procedures are taken.
Utility companies holding a franchise agreement with the City (i.e. New
York Telephone, National Fuel Gas, Niagara Mohawk and TCI), have been issued
approximately 3,000 street cut permits over the last three years, The permit
itself ranges from $23.00 to $46.00 depending on size. These cuts however, are
asphalted by the permit holder and inspected by the Division of Engineering on
a daily basis at $66.00 per inspection.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Easement Roswell Park Conduits Within City Right Of Way
Ms. Carol J. Maynard, Project Coordinator for the New York State
Dormitory Authority, acting as agent for Roswell Park Cancer institute, has
requested permission to install two conduits within city right of way at North
Oak and Carlton Streets.
The proposed conduits would contain an oxygen line and low voltage
electrical ductbank and connect existing buildings on the opposite sides of
North Oak Street. These conduits would replace conduits presently situated in
an overhead walkway which is being removed as part of the ongoing modernization
project.
The Department of Public works has reviewed this application pursuant to
Chapter 413-67 (Encroachment Regulations) 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 encroachment provided the following
conditions are met:
1. That the applicant obtain any and all other City permits required for
said installation.
2. That the applicant be responsible for restoration of all city right of
way disrupted during installation.
3. That the applicant provide the Division of Engineering with a set of
"as built" plans showing the exact location of said conduits upon completion.
4. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000.00) 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 conduits, unless deemed unnecessary and waived by the corporation
counsel due to the fact the applicant is a state agency.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to Ms. Carol J. Maynard, Project Coordinator for the New
York State Dormitory Authority, acting as agent for Roswell Park Cancer
Institute, to install two conduits which would encroach city right-of-way at
North Oak and Carlton Streets, subject to the following conditions:
1. That the applicant obtain any and all other City permits required for
said installation.
2. That the applicant be responsible for restoration of all city right of
way disrupted during installation.
3. That the applicant provide the Division of Engineering with a set of "as
built" plans showing the exact location of said conduits upon completion.
4. 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
conduits, unless deemed unnecessary and waived by the Corporation Counsel due
to the fact the applicant is a state agency.
PASSED.
AYES- 12 NOES- 0.
No. 38
Re-open Main Street to Vehicles
Item No. 103, C.C.P. 10/5/93
The Department of Public Works Division of Engineering is presently
developing a scope of work and interviewing various consultants for an in-depth
traffic study in the southern end of the Central Business District. This study
is being forwarded due to the planned development in this area of the Arena,
Inner Harbor, Aud re-use, Lower Main Street Bridge and Outer Harbor
developments. This study will investigate the possibility of reopening Main
Street from Swan to South Park.
In regards to the rest of Main Street from Swan to Goodell, there is no
on-going study and there is no perceived need at this time.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 39
Certificate of Appointment
Appointment effective 11/8/93 in the Department of Public Works
Division of Engineering, Anthony Marzo, 100 Bame Avenue, Buffalo, NY 14215 to
the position of Sign Inspector, Permanent, at the Maximum starting salary of $
25,329.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 40
Certificate of Appointment
Appointment effective November 8, 1993 in the Department of Public
Works, Division of Water, Jeffrey Ford 47A Altruria Street, Buffalo, 14220, to
the position of Engine Mechanic Permanent, at the Maximum Starting Salary of $
25,517.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 41
Check Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copy of the following check:
8198-00126473 $9,950.00
This check was received by this Department and duly deposited in Trust &
Agency Account #630-065-271-00-000.
RECEIVED AND FILED.
No. 42
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:
8155-00095370 $8,502.50
8155-00095512 5,197.93
8155-00095398 1,146.10
8155-00095428 4,400.00
8155-00095607 9,821.50
8155-00095608 2,405.00
8155-00095609 5,492.50
8155-00095610 1,702.35
8155-00095514 2,152.80
8155-00095516 11,031.75
8155-00095525 1,835.15
8155-00095641 6,759.86
8138-00168277 19,229.37
Total $79,676.81
These checks were received by this Department and duly deposited in Trust
& Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 43
Deputy Commissioners Overtime - Forthcoming Reimbursements
I have recently talked to a representative of the New York State
Department of Criminal Justice regarding the money due to the Deputy
Commissioners for the World Games. They have indicated that the balance due
the City would be paid when the State Legislators approve the second phase of
the Grant, and also if the Council approves payment. The Police Commissioner
must then submit a voucher to the State for the rest of the funds due.
A letter is forthcoming from the State with instructions on phase two of
the funds for reimbursement, which would include the two (2) Deputy Police
Commissioners.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 44
Overtime Expenditure Request
This is in response to your request for information regarding
our overtime expenditures.
There are a multitude of reasons why overtime is running at the level it
is. The primary reasons are listed on the attached listing titled "Factors
Which Are Affecting OT". Although these reasons sufficiently detail the
justification for our overtime, they fail to disclose the potential overtime
account shortfall. This shortfall is addressed in my letter dated October 20,
1993 addressed to Commissioner Richard Planavsky (see attached)
I would also like to stress that our salary expenditures through the pay
period ending 10/24/93 show that salaries are running below budget, and
hopefully these savings should offset our overtime expenditures to some degree.
However, we will still need the additional monies requested for our overtime
account in my letter dated October 20, 1993.
Please, rest assured, that I am doing everything within my power to
control our overtime expenditures. Please advise me, if you need any
additional information on this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
No. 45
Certificate of Appointment
Appointment effective 7/2/92 in the Department of Fire James R.
Durham, 67 Riverview, Buffalo, N.Y. 14210 to the position of Superintendent of
Fire Vehicle Maintenance, Provisional, at the Maximum starting salary of $
36,931.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 46
Certificate of Appointment
Appointment effective 8/30/93 in the Department of Fire James
R. Durham, 67 Riverview, Buffalo, N.Y. 14210, to the position of Superintendent
of Fire Vehicle Maintenance, Permanent, at the Maximum starting salary of $
38,408.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 47
Crossroads Arena Project -Use of City Bond Proceeds
At recent Stadium and Aud Task Force meetings, and in the course
of representation of the City in negotiations with the Sabres, New York St
Urban Development Corporation and Erie County on development and financing the
proposed, Crossroads Arena project, I have been asked as to legitimacy of a
Sabres proposal relative to the use of the City bond proceeds for project
expenses. Specifically, the Sabres, by the Crossroads Arena Corporation
("CAC"), propose to contract with the Buffalo Urban Rene Agency and the City
for payment by BURA, using City bond proceeds, of various project costs
incurred by CAC in connection with site preparation construction, design and
technical services. As fee title owner of the ground, these services will
benefit BURA on behalf of the City.
These services would be privately contracted for by CAC. BURA payments to
CAC, using City bond proceeds, for the costs of these services would made on a
construction draw basis subject to audit and review by the City Comptroller.
These private contracts would not be subject to the competitive bidding
requirements of General Municipal Law 103 but, would, as a function of the
contractual relationship between City, BURA, UDC, Erie County and CAC, be
subject to both affirmative action and non-discrimination requirements well as
the aforementioned audit and review procedures.
This proposal and procedure is similar to that utilized for construction
of the Hilton Hotel parking ramp and Pilot Field and the use of City proceeds
with respect thereto.
This procedure is permitted by New York State law under, as evidenced by
the parking ramp and Pilot Field projects, both provisions of general urban
renewal laws of New York and the provisions of the special act enacted by the
State Legislature for this project last session. There are both general and
special legislative provisions which authorize broad powers to the City to
undertake this urban renewal project and to take the necessary actions in
furtherance thereof notwithstanding the provisions of any general, special or
local law to the contrary. Thus, if the multi-party Crossroads Arena
development agreement and Land Disposition Agreement provide for this procedure
and use of City bond proceeds, the City has authority to enter into such an
agreement.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 48
Amendment to the Waterfront Redevelopment
Project No. NYR-35 Urban Renewal Plan
Crossroads Area Amendment
On October 22, 1963, the Common Council approved the Waterfront
Redevelopment Project Urban Renewal Plan as a way to plan and control the
development on the waterfront for a period of 50 years (C.C.P. No. 2).
Based on proposals regarding a large-scale, economic development project,
which includes the construction of a new sports and entertainment complex, it
has been determined that in the best interest of the City, it would be
advisable to expand the existing boundaries of the Waterfront Urban Renewal
Area. The project area is located within the 22+ acre area bounded by Perry on
the north, Washington Street on the west, Columbia Street on the east, and
South Park Avenue on the south (see attached maps).
On January 19, 1993, the Common Council approved the Urban Renewal Site
Designation for the Crossroads area. The Site Designation approval, which is
the first step in the urban renewal planning process as required under
Subdivision 3 of Section 502 of Article 15 of the General Municipal Law, gave
the Department of Community Development the legal authority to determine if
this area demonstrated a level of "slums and blight" required by federal law
before it would be designated an urban renewal treatment area. The studies
have shown the condition of the buildings and infrastructure to be blighted to
the degree that the targeting of major public and private investment is
required to have any significant impact on improving the area.
The Department of Community Development hired the firm of Ecology and
Environment to prepare the Crossroads area amendment to the Waterfront Urban
Renewal Area and the Environmental Impact Statement for the amendment. The
plan amendment will allow for the acquisition and assembly of vacant and/or
underutilized properties to serve as an appropriate site for a new sports and
entertainment complex.
The City Planning Board gave its unqualified approval to the plan
amendment at a special meeting/public hearing held on July 19, 1993, and the
Common Council held a public hearing on September 7, 1993.
The Final Environmental Impact Statement (FEIS) has been filed with the
Common Council. Attached to the FEIS is a revised proposal for the urban
renewal plan amendment. The revisions to the final draft of the plan provide
for a new site plan for the arena which has resulted in a reduction in the
number of properties needed to complete the project. The specific revisions
between the June 1993 and October 1993 Urban Renewal Plan drafts are attached.
Also attached is a proposed resolution to approve the plan amendment
proposal as revised.
It is respectfully requested that your Honorable Body act on the plan
amendment by adopting the proposed resolution.
RECEIVED AND FILED.
No. 49
Final Environmental Impact
Statement (FEIS) - Crossroads
Urban Renewal Plan Amendment
Enclosed for your review and comment, as per Section 617.10 of
SEQR, are:
- The Final EIS for the Crossroads Urban Renewal Plan Amendment
- The Waterfront Redevelopment Project Urban Renewal Plan Amendment
(Appendix A to the FEIS)
- The required Notice of Completion of the FEIS.
RECEIVED AND FILED.
No. 50
Final Findings EIS
Crossroads Urban Renewal Plan Amendment
The Final Findings for Crossroads Urban Renewal Plan Amendment,
which the Department of Community Development proposes to file as per SEQR, is
hereby filed with your Office.
If you should have any questions, please contact Gregory Bernas at
extension 5083.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF STREET SANITATION
No. 51
Certificate of Appointment
Appointment effective November 1, 1993 in the Department of Street
Sanitation, Samuel W. Grossman, 101 North Ryan, Buffalo, New York 14210, to the
position of Truckdriver, Permanent, at the Maximum starting salary of $23,728.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 52
Demolition of 1489 Fillmore
At several meetings held in the office of Common Council Member
David Collins. The question of the possibility of Toxic Substance had been
raised. Please be advised that as a result of those meetings Integrated Waste
Special Services Inc. was contacted to represent and supply the Division of
Housing and Property Inspections with consulting services to solicit
environmental engineering firms and set the criteria for an environmental
engineering consulting firm to be hired by the Division of Housing and Property
Inspections. Integrated Waste Special Services as a representative of the
Division of Housing and Property Inspections had written specifications and
prepared a bid package to solicit the services of seven separate environmental
engineering firms. The low bidder responding to the Bid was Jack Eisenbach
Engineering, PC, 291 Genesee Street, Utica, New York 13501. Mr. Eisenbach was
interviewed by representatives of the Division of Housing and Property
Inspections. After reviewing the credentials of Mr. Eisenbach and his company,
he was awarded the bid. A contract was written by the Division of Housing and
Property Inspections to finalize the agreement with Mr. Eisenbach, and is
currently being reviewed by the Corporation Counsels office. The Division of
Housing and Property Inspections has been in contact with the New York State
Department of Environmental Conservation as to the status of this project. The
N.Y.S.D.E.C. in particular Mr. Martin Doster P.E. has been of enormous help in
addressing the environmental concerns. It is our understanding the generators
number has been issued for the disposal of the chemicals identified by the
Phase I environmental report. Our office has been informed by Integrated Waste
Special Services that the material identified on the Phase I environmental
report has been "Lab Packed" and is to be removed the week of 11/8/93. Due to
the unexpected delays this project has incurred the variances issued far the
asbestos abatement had expired. Integrated Waste Special Services has applied
to re-open the variances and has received back some but not all approvals on
the variances. Once the work during the week of 11/8/93 commences it is our
hope that it will continue without interruption until the completion of this
project.
RECEIVED AND FILED.
No. 53
Report of Emergency Bids for Demolition for Various Properties Within the City
Due to the very serious and hazardous condition of the buildings
listed below, inspections were conducted by this department and it was
determined that immediate demolition was necessary due to (1) the structural
condition of the buildings and/or (2) the resulting dangerous and hazardous
condition which exists at these locations, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on October 26, 1993
and that the contract will be awarded to the following responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
274 Lemon St front & rear Maplewood Construction
City of Buffalo $8,900.00
27 Davis Street Lebis Enterprises, Inc.
City of Buffalo $4,325.00
1067 Genesee Street Sam DelMonte Demolition
1069 Genesee Street Total Bid: $13,800.00
AGGREGATE BID
City of Buffalo
57 Oneida Street Sam DelMonte Demolition
City of Buffalo $3,700.00
413 East Delavan Ave Integrated Waste Special Services
City of Buffalo $22,000.00
544 Broadway Sam DelMonte Demolition
City of Buffalo $3,900.00
1238 East Ferry Street Integrated Waste Special Services
City of Buffalo $22,200.00
46 Lyth Street Maplewood Construction
City of Buffalo $5,200.00
1626 Genesee Street Sam DelMonte Demolition
City of Buffalo $6,900.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the projects is to be charged to the Capital Projects Fund
#200-241-002-00000.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated October 28, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at
a cost of $8,900.00, relating to 274 Lemon Street front & rear, to Lebis
Enterprises, Inc. at a cost of $4,325.00, relating to 27 Davis Street, to Sam
DelMonte Demolition at a cost of $13,800.00, relating to 1067 and 1069 Genesee
Street, to Sam DelMonte Demolition at a cost of $3,700.00, relating to 57
Oneida Street, to Integrated Waste Special Services at a cost of $22,000.00,
relating to 413 East Delavan Avenue, to Sam DelMonte Demolition at a cost of
$3,900.00, relating to 544 Broadway, to Integrated Waste Special Services at a
cost of $22,200.00, relating to 1238 East Ferry Street, to Maplewood
Construction at a cost of $5,200.00, relating to 46 Lyth Street, to Sam
DelMonte Demolition at a cost of $6,900.00, relating to 1626 Genesee Street,
are hereby confirmed, ratified and approved, with said cost to be charged
against the Capital Projects Fund #200-241-002-00000, and that the sewer and
water services will be terminated by the demolition contractor and this cost is
included in the cost of the project.
PASSED.
AYES- 12 NOES- 0.
No. 54
Request For Increase In Demolition
Costs for 243 Sumner Street
Item No. 64 , CCP 7/20/93
Please be advised of an increase in the cost of the demolition
of the above stated property.
An additional twenty-five hundred (2,500) square feet of asbestos siding
was located under the aluminum siding. The cost for removal of the additional
asbestos, which has been approved by our office, is $2,825.00. The total cost
of this project is $8,990.00.
We, therefore, respectfully request that upon approval by your honorable
body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated October 26, 199 be received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
he hereby is, authorized to increase the cost of the demolition of 243 Sumner
Street for removal of additional asbestos in the amount of $2,825.00, as more
fully described in the above communication. Funds to be charged to t] Special
Assessment Fund #500-000-002-00000, and that said cost shall be collected
against the owner or person in possession benefitted, under the provision of
Chapter 113 of the Ordinance:
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION & FINANCE
No. 55
Overtime
Item No.15, C.C.P. Oct 19, 1993
Treasury overtime is unique as our work load varies from week
to week and department to department. Treasury has City Business from each
City Department daily and this revenue has to be reported daily. We also have
payroll each week no matter what and this included garnishees, court orders,
child support payments etc. We also have parking violations daily but maybe a
bit heavier in the winter months. It is not these tasks that cause Treasury to
use overtime but a combination of other collections and Treasury employee time
off or unfilled positions.
July and August are heavy overtime because taxes are due in July and
water bills are sent out and due in August so we have an overlapping of
collections. This is the time we work on Saturdays to bank the receipts faster
and so we do not fall behind. Our policy is we complete all of the work that
comes to Treasury each day before we leave.
We have been short two employees and another was on military leave for
three weeks in July. Before our Treasury Administrator left in August she spent
about two weeks training someone for her position again adding more work to
everyone else. Each month has another collection, In Rem Sale, or P.V.B.
Blitz.
I did send a more complete explanation to each councilman on November 5,
1993 but I am available if you do have questions. I feel more time should be
taken at budget time to listen to the department head as to the needs for
overtime in their departments as they are the only ones who know-when overtime
is better than per diem workers.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Request Information On Hand Held Computers
Res. No. 189, C.C.P., 10/19/93
In response to the above referenced resolution, please be advised
of the following:
1) The successful bidder for the hand held computer system was Bull
Honeywell Information Systems (Bull)
Although the City's contract is with Bull, there are three manufacturers
involved. The Genung Corp. (Genung) is the supplier of the software. Radix
Corp. manufactures the printer and Symbol Technology manufactures the hand held
computer with bar code reader. The total cost is $110,077 with $50,077 from the
1992/93 fiscal year and $60,000 from the current fiscal year.
2) The Division of Parking Enforcement (Division) received the hand held
computers and printers on October 7, 1993. The Division has not been able to
commence training since there is a backorder on the cable which connects the
hand held to the printer. Genung has assured us that training for parking
enforcement officers will start by the second week of November. The Division
is currently working with a Genung representative and Data Processing on the
installation and training of the software.
3) At this point, the Division cannot respond to question 3, since the
system is not yet operable.
4) As of October 31, 1993 the City has realized $305,871 this year compared
to $285,158 last year at this time. This $20,713 increase over last year at
this time or a 7.26% increase.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Break In At Impound Lot
Resolution #190, C.C.P. 10/19/93
In response to the above referenced resolution regarding security
at the auto pound, please be advised of the following:
Attempted break-ins to the impound structure or acts of vandalism to cars
in the outside auction lot have occurred when no employees were on duty at the
facility.
To prevent further incidents, one employee's hours have been changed to
cover five nights. An arrangement has been made with the Police Department to
detail an officer to the impound on a regular basis. A rotation of overtime is
being used to cover other periods not normally covered.
Modifications to the alarm system to improve protection to the alarm
system have been made.
With regard to the concern about street lighting on Watts Street, Jim
Zern from Public Works will review the situation and coordinate remedial
action. Robert O'Hara, Commissioner of Public Works has issued a work order to
install lighting.
The steps already taken, along with the scheduled lighting improvements,
will greatly increase the security of employees and property at the auto pound.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
School Security Issue Parking Tickets
Item #258 C.C.P. 10/5/93
In response to the above item, please be advised the security
division of the public schools received authorization to issue City of Buffalo
parking summonses, April 30, 1992. The enforcement is limited to school
property including the school's driveway or entrance road. The security
officers are not authorized to issue summonses outside the perimeter of the
school.
According to Division of Parking Enforcement records, as of October 18,
1993, only 33 parking summonses have been issued.
The Division's experience is that individuals whose vehicles are
repeatedly impounded by the police because of drugs or suspected drug
activities are not deterred by the expense and inconvenience of having their
vehicles impounded.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE CITY CLERK
No. 59
Notice of Hearing
Rename W.N.Y. Public Broadcast Building
as "Horizons Plaza"
(Item No. 88, C.C.P., October 19, 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, November
16, 1993, at 2:00 P.M. in the Council Chamber. The notices of hearing were
published in the Buffalo News on Friday, November 12, 1993, and Monday,
November 15, 1993, and copies of said publications are attached hereto.
RECEIVED AND FILED.
No. 60
Take From the Table
Rename W.N.Y. Public Broadcast Building
as "Horizons Plaza"
(Item No. 88, C.C.P. October 19, 1993)
Mr. Fahey 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. Bell.
ADOPTED.
No. 61
Hearing
Rename W.N.Y. Public Broadcast Building as
"Horizons Plaza"
(Item No. 88, C.C.P. October 19, 1993)
Mr. Fahey moved that the above item is properly before the Common
Council and the hearing be opened.
CARRIED.
Appearances in Favor - none
Mr. Fahey moved that the hearing be closed.
CARRIED.
Mr. Fahey moved that this Common Council, after holding the required
public hearing, hereby names the Western New York Public Broadcasting Building
as "Horizons Plaza", and the City Clerk be and hereby is directed to notify the
Erie County Division of Planning, the Erie County Commissioner of Finance, the
Buffalo City Planning Board, the Commissioner of Assessment of the City of
Buffalo, the City Division of Planning, the City Division of Engineering and
the Main Branch of the U.S.P.S. in Buffalo, by certified copy as required by
Section 286-5 of the Code of the City of Buffalo.
Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 62
Thomas Puglisi Offer to Purchase Surplus Desk
Item #173, CCP, September 7, 1993
With regard to Thomas Puglisi's offer to purchase a surplus desk
for $20.00, I have no objections to this sale and recommend approval.
This desk is presently located in the sub-basement of City Hall and was
scheduled for scrap if no sale was anticipated. The $20.00 offer is, in fact,
more than the City would have obtained if the desk was salvaged.
In the future, since all surplus furniture/equipment eventually comes
under the direction of the Records Management Office, I would appreciate if all
requests for the sale of surplus furniture/equipment be referred to this office
rather than Council Staff. This will enable the Records Management Office to
properly expedite the sale of any and all surplus furniture/equipment.
Mr. Fahey moved:
That the communication from the City Clerk, dated November 10, 1993, be
received and filed; and
That the City Clerk be, and he hereby is, authorized to accept the offer
of Mr. Thomas Puglisi to purchase a surplus desk for $20.00 (Twenty Dollars),
located in the sub-basement of City Hall.
PASSED.
AYES- 12 NOES- 0.
No. 63
Claim - Unpaid Invoice Data-Mation
Attached is a copy of an unpaid invoice for printing of dog summonses
in February, 1991.
After the Audit Department researched the old records, it was found that
three types of dog control forms were ordered at the same time but only 2
service orders were issued and paid.
There was confusion because the first order number was used on all the
invoices. The second order was written after the orders were delivered, but
only covered invoice 6394. No open orders currently exist for this company to
cover the delivery on invoice 6393, therefore invoice must go to the Claims
Committee.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 64
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Department of Public Works - Division of Licenses
Department of Parks
RECEIVED AND FILED.
No. 65
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1511 Broadway Tommy B's, Inc. Patricia M. Moscaritolo
1239 Niagara St. Compton's After Dark, Inc. Sherrill T. Cooper
RECEIVED AND FILED.
No. 66
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Margaret Quinn
Parks- David Ickowski
RECEIVED AND FILED.
No. 67
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
City Planning Board
Emergency Medical Services Board
Examining Board of Plumbers
Municipal Housing Authority
RECEIVED AND FILED.
No. 68
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved the approval of the appointments to the position of Council
Intern.
ADOPTED.
Appointment effective November 3,1993 in the Department of Common
Council, Karen Stokes, 61 Dupont St., Buffalo 14208 to the position of Intern
IV, Seasonal at the flat starting salary of $6.00 hour.
Appointment effective October 20, 1993 in the Department of Common
Council, Michelle Ferguson, 66 Nevada Ave., Buffalo 14211 to the position of
Intern III, Seasonal, at the flat starting salary of $5.00 hour.
No. 69
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 STADIUM & AUDITORIUM
Appointment effective October 14, 1993 in the Department of Stadium
& Auditorium, Division of Pilot Field Stadium to the position of Senior First
Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33
hour.
John V. LoTempio, 57 Wilbury Place, Buffalo, 14216
Michael J. Schieber, 168 Dundee Street, Buffalo, 14220
Appointment effective November 1, 1993 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, Christopher Sinicki, 1514
Kensington Ave., Buffalo, 14215 to the position of Laborer I, Seasonal, at the
Flat starting salary of $ 6.22 hour.
Appointment effective November 3, 1993 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, Kevin Deet, 1937 South Park Ave.,
Buffalo 14210, to the position of Laborer I, Seasonal, at the Flat starting
salary of $6.22 hour.
DEPARTMENT OF AUDIT & CONTROL
Appointment effective November 10, 1993 in the Department of Audit
and Control, Division of Real Estate, Marc A. Panaro 776 Richmond Avenue,
Buffalo, New York 14222, to the position of Laborer I, Seasonal, at the Flat
starting salary of $6.22 hour.
DEPARTMENT OF PUBLIC WORKS
Appointment effective November 1, 1993 in the Department of Public
Works, Division of Water, to the position of Clerk Seasonal, at the Flat
starting salary of $5.20 hour.
Mary Frances Fay, 11 Pawnee Pkwy., Buffalo, 14210
Mary Fay, 108 Ramona Ave., Buffalo, 14220
Ann M. Finger, 336 Eden St., Buffalo, 14220
Appointment effective November 1, 1993 in the Department of Public Works,
Division of Water, Marjorie Sansanese, 19 Admiral Road, Buffalo, 14216, to the
position of Account Clerk, Temporary, at the Flat starting salary of $ 5.46
hour.
Appointment effective October 29, 1993 in the Department of Public Works,
Division of Buildings, to the position of Second Class Stationary Engineer,
Temporary, at the Flat starting salary of $ 5.63 hour.
Patrick J. Lynch, 77 Milford Street, Buffalo 14220
Keith Rathbun, 239 Cumberland Ave., Buffalo 14220
Albert M. Roberts, 8 Susan Lane, Buffalo 14220
Appointment effective November 8, 1993 in the Department of Public Works,
Division of Buildings, Lawrence Doctor Jr. 70 Hansen Street, Buffalo 14220, to
the position of Second Class Stationary Engineer, Temporary, at the Flat
starting salary of $5.63 hour.
Appointment effective November 10, 1993 in the Department of Public
Works, Division of Buildings, John M. Meegan, 137 Eden Street, Buffalo 14220,
to the position of Second Class Stationary Engineer, Temporary, at the Flat
starting salary of $5.63 hour.
Appointment effective October 29, 1993 in the Department of Public Works,
Division of Buildings, to the position of Sr. 1st Class Stationary Engineer,
Temporary, at the Flat starting salary of $7.33 hour.
Earl J. Mekelburg, 84 Clark Street, Buffalo 14212
James J. Moscato, 115 Imson Street, Buffalo 14210
Appointment effective November 10, 1993 in the Department of Public
Works, Division of Buildings, to the position of Senior First Class Stationary
Engineer, Temporary, at the Flat starting salary of $7.33 hour.
James A. Darner, 19 Koester Street, Buffalo 14220
Daniel J. Summers, 33 Buffum Street, Buffalo 14210
Appointment effective November 1, 1993 in the Department of Public Works,
Division of Water, James J. Francis, Jr. 137 Vandalia Street, Buffalo, 14204,
to the position of Laborer II, Temporary, at the Minimum starting salary of
$19,586.
Appointment effective November 1, 1993 in the Department of Public Works,
Division of Water, Daniel V. Victori, 193 Orlando Street, Buffalo, 14210, to
the position of Water Meter Mechanic Helper, Provisional, at the Minimum
starting salary of $20,199.
Appointment effective November 8, 1993 in the Department of Public Works,
Division of Water, Gary Donovan, 56 Remoleno Street Buffalo, 14220, to the
position of Water Meter Mechanic, Provisional, at the Minimum starting salary
of $ 21,206.
DEPARTMENT OF PARKS
Appointment effective 11/1/93 in the Department of Parks Division
of Recreation, Robert O'Leary, 100 Ryan Buffalo, 14210, to the position of Fee
Collector, Seasonal, at the Flat starting salary of 4.94 hour.
Appointment effective 11-3-93 in the Department of Parks, Division of
Recreation, Jean Faliero, 55 Spaulding St., Buffalo, N.Y. 14220, to the
position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hour.
Appointment effective November 10, 1993 in the Department of Parks,
Division of Recreation, Michael Fessel, 67 Marbeth Ct. Buffalo, N.Y., to the
position of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hour.
Appointment effective 11-3-93 in the Department of Parks, Division of
Recreation, to the position of Lifeguard, Seasonal at the Flat starting salary
of $ 5.20 hour.
Thomas McCarthy, 83 Romona, 14220
Thomas Nolan, 219 Anderson. 14222
Appointment effective November 8, 1993 in the Department of Parks
Division of Recreation, James Harrington, 22 Sprenger Ave., Buffalo, N.Y.
14211, to the position of Community Recreation Aide Permanent, at the Minimum
starting salary of $21,244.
DEPARTMENT OF POLICE
Appointment effective October 26, 1993 in the Department of Police,
Vincenzina Bass, 201 Royal Avenue, Buffalo 14207 to the position of Civilian
School Crossing Guard TSAR, Seasonal, at the Minimum starting salary of $5.49
hr.
Appointment effective October 9, 1993 in the Department of Police, Peter
Nigrelli, 160 Bloomfield Avenue, Buffalo 14220 to the position of Cellblock
Attendant, Temporary, at the Minimum starting salary of $21,206.
DEPARTMENT OF STREET SANITATION
Appointment effective October 26, 1993 in the Department of Street
Sanitation, Michael P. Kearns, 138 Hubbell Avenue Buffalo, New York 14220, to
the position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr.
Appointment effective November 8, 1993 in the Department of Street
Sanitation, Robert P. Dronckowski, 47 Marine Dr. Apt. 3F, Buffalo, New York
14202, to the position of Laborer II, Permanent, at the Minimum starting salary
of $9.38 hr.
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment effective 11/8/93 in the Department of Inspections
and Community Revitalization, Thomas A. Brodfuehrer, 152 Victoria Buffalo, New
York 14214, to the position of Building Inspector Permanent, at the Minimum
starting salary of $27,249.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective November 8, 1993 in the Department of
Administration
and Finance, Division of Parking Enforcement, to the position of Parking
Enforcement Officer, Temporary, at the Flat starting salary of $6.22 hour.
Francis J. Cinelli, 101 Bloomfield Ave., Buffalo 14220
Tod Kniazuk, 316 Willett St., Buffalo 14206
Ladine C. Cummings, 139 Bennett Village Terr., Buffalo 14214
Amy L. Michalski, 850 Amherst St., Buffalo 14216
Christopher P. Roland, 288 Davidson Ave., Buffalo 14215
DEPARTMENT OF GENERAL SERVICES
Appointment effective November 3, 1993 in the Department of General
Services, Division of Inventory & Stores, Liam C. Caulfield, 67 Shenandoah Rd.,
Buffalo, 14220, to the position of Laborer II, Seasonal, at the Flat starting
salary of $6.92/Hr.
Appointment effective November 1, 1993 in the Department of General
Services, Division of Inventory & Stores Michael A. McCool, 4 Sidway St.,
Buffalo, 14210, 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. 70
BAILEY/KENSINGTON KIWANI'S CLUB
Financial Report
Income
Jelly Beans $1,092.00
Gum Balls 151.24
Entertainment Books 726.50
Investment Income 750.00
Fun Fair 624.51
Misc. Income (detectors) 240.00
Total $3,584.25
Expenditures
Donation Speakers 325.00
Trauma Ctr. (for 1992) 1,000.00
SABAH 500.00
Magic Show 100.00
Scholarships 600.00
Toys for Tots 500.00
Kamp Kiwannis 500.00
Total $3,525.00
KIWANIS FUND FAIR
Income
Tickets Thursday $146.60
Friday 44.10
Saturday 574.21
Sunday-#1 252.20
Sunday #2 288.25
Concessions 450.00
Total $1,755.36
Expenses
Security 198.00
Water 212.85
Dinner 70.00
Dumpsters 360.00
Port-A-Sign 80.00
Port-A-John 175.00
Ad-(Ken-Bailey NHS) 35.00
Total $1,130.85
Net Profit - $624.51
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 71
MARTHA BROWN
Cancel Fine/Illegal Dumping-107 Landon
Enclosed is a copy of letters received from the Parking Violations
Bureau, regarding property at 107 Landon Street, which burned down several
years ago.
I am a 79 ;year old widow living on low income, monthly Social security
check which is only $729.00 a month, I have no way of paying these charges
being asked for.
It would be greatly appreciated, if you would possibly look into this and
see if these fees can be waived. Thank you for any assistance you can provide.
If you are in need of further information, my phone number is 895-6430.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREET SANITATION AND
THE CORPORATION COUNSEL.
No. 72
ERIE COUNTY LAW DEPARTMENT
Lawsuit Regarding Accrued Compensatory Time
I am writing in response to your letter of October 27, 1993 to
Erie County Attorney Kenneth A. Schoetz. As you will recall from our
conversation, I am not aware of any lawsuit won by exempt Erie County employees
regarding compensatory time. Indeed, with respect to five plaintiffs, the
matter was recently argued before Judge Mintz and a decision is pending. Thus,
I enclose copies of the briefs (without attached exhibits) of the County of
Erie, as Defendant, and the five plaintiffs involved.
If I can be of further assistance, please do not hesitate to contact me
at 858-2235.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 73
ROSE GRIFFIN
Repairs 170 Peach
I don't know who to address, I was given a number to call from
one of the many people who tried to help me. I don't know the name of this
person only 851-5132. I'm a 93 year old woman with a problem and I can't seem
to get any help. I have a house at 170 Peach St. Its in the fruit belt and a
house inspector sent me a list of repairs and there's no way I can pay for
them. He told me to try and get some help.
I'm all alone in bad health and my income is $462.00 mo. Which I can
barely pay for my medication, Drs., etc. I'm losing my eye sight, bad heart,
fighting cancer for 10 yrs. on and on. I've tried to sell that house for years.
I had a woman living there for 30 yrs. - $75.00 mo. She wouldn't let anyone in
to see the house. I live in the Town of Tonawanda, and I've been a caretaker
for my Dad, after a stroke, after that a husband for years, so I have not been
able to do much and now I'm worried sick. I have tried every possible thing,
"Legal Add". I even tried to get in touch with Pres. Carter's outfit to give it
away; Community service, City Real Estate. I've tried everything even Mayor's
Office and City Council. I talked to Mr. Pitts some months ago and he promised
to send a real estate person. No One Came.
I have an old lady living there now and the only reason I let her in was
she promised to buy the house. She paid a few months rent and hasn't paid
anything since Nov. 92 so I couldn't pay the taxes this year and now she called
me a few weeks ago and said she was going to send a lawyer and $500.00 down
payment -she claims I owe her money that she did some work on house. The
inspector said he couldn't see where any work was done. There's no way I can
reach her by phone or when I go to "Roswell Hosp" for checkups, I stop. I
can't ever find her in, only by mail she don't answer so I'm in a bad spot.
I have been a taxpayer in the City of Bflo. over 40 years. and I'm in
terrible need of help. I can't afford a lawyer so please, please, please help
me. I have nowhere else to turn.
P.S. I was told if I wrote a letter it would be more effective than
calling by phone. I hope you can read my writing; at my age everything is
downhill, as I said I had called months ago. This problem is causing many
sleepless nights. It isn't helping my health either. I read about slumlords
&Jail. I can hardly be called a slumlord. I haven't made any money and the
worry has been terrible.
I'm pleading with anyone that can help me, your my last resort and this
inspector wants me to be sure about writing you this letter. He's been very
patient and kind, but he has a job too. His phone number 851-4818 in case
there is more info he might have - please don't let me down. No matter what
info you can get or have will be of great help. I know you people are very
busy but again I'm pleading for help. I would like to get some money. I have
no insurance to bury me, but I will do whatever I have to. This worry is
making me sick. My phone is 832-2740.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF INSPECTIONS
AND COMMUNITY REVITALIZATION.
No. 74
JUNETEENTH FESTIVAL INC.
Financial Report
Enclosed is a copy of our organization's financial report for
the fiscal year 7/1/92 - 6/30/93. If you need additional information, please
contact me at my home address listed below.
I apologize for the delay in submitting this report. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 75
JESSE KETCHUP MEMORIAL FUND
Annual Report
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith
submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to
the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school having an eighth grade class have
submitted the names of those students who are members of the graduating class
who have ranked highest in scholarship in their group.
A gold flashed medal, certificate and a $1,500 check was presented to the
student ranking highest in the entire city. A gold flashed medal, certificate
and $1,000 check was presented to the second highest student. Each school
winner received a bronze medal, a certificate and a $100 savings bond. Awards
were presented at an Awards Ceremony held at McKinley High School on Thursday
evening, October 14th, at 7:30 p.m.
For the 1993 school year, a total of forty-five schools awarded fifty
seven medals and certificates. A list of the winners is enclosed for your
records.
Also, a copy of the financial report by the Treasurer, Ms. Geraldine
Sims, for the fiscal year ending June 30. 1993 is also enclosed.
RECEIVED AND FILED.
No. 76
JOHN J. LAFALCE
Workplace Fairness Act
Thank you for writing to express your support for H.R. 5, the
Workplace Fairness Act. As a co-sponsor of H.R. 5, I am pleased to report that
the House passed H.R. 5 on June 15, with my strong support.
H.R. 5 would provide that employers may not permanently replace striking
workers. This bill applies to all private sector workers covered by the
National Labor Relations Act (NLRA) and the Railway Labor Act (RLA).
Reflecting the action taken on the House floor in the last Congress, the bill
covers only employees who are either represented by a union or have taken
specific steps to obtain collective bargaining certification at least 30 days
prior to the commencement of the labor dispute. Specifically, H.R. 5 prohibits
the hiring of permanent replacements during a labor dispute and prohibits
discrimination against striking workers who return to their jobs once the labor
dispute is over.
Since 1935, the National Labor Relations Act has protected the rights of
workers to join unions and engage in collective bargaining. A key protection
of the NLRA is the prohibition against firing workers for exercising their
right to join or help organize a union. During a strike, however, this
protection loses its force. A strike is the one situation when it is legal to
replace an employee for supporting union activity.
In an alarming trend, since 1981 a total of more than 300,000 workers at
Continental Airlines, TWA, the Chicago Tribune, Magic Chef, International Paper
Co., and many other companies have suffered the harsh experience of losing
their jobs to permanent replacements when they exercised their right to strike.
The effective right of workers to withhold their labor as leverage during
negotiations is an essential element of our collective bargaining system. As
workers have increasingly felt unable to strike, faith in collective bargaining
has been seriously undermined. Clearly, it is necessary to restore the
hard-won balance to labor relations, a balance which is guaranteed only when
the right to strike is protected -- as under H.R. 5.
Now that the House has passed H.R. 5, I am hopeful that the Senate will
do likewise in the near future. I would encourage you to contact Senators
Moynihan and D'Amato to inform them of your support for this measure.
Thanks again for your letter. Please keep me informed of your concerns,
and do not hesitate to contact me if I may be of assistance to you.
RECEIVED AND FILED.
No. 77
LANGSTON HUGHES INST.
Financial Report-Grant-In-Aid Contract
Per your request in your letter dated 10/25/93, please find the
Langston Hughes InstituteSinc. final accounting on the City Grant-In-Aid 93-94
Contract, in the amount of $9,500 for our Caribbean Holiday Festival held on
August 28 & 29,1993, in LaSalle Park (Waterfront).
The report includes actual expenditures, invoices and other documentation
for your perusal and approval.
If further information is needed, please advise.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 78
LOCAL 264, AFSCME
Request for Arbitration
Local 264 hereby files a copy of its request for voluntary arbitration
before the N.Y.S. Public Employment Relations Board in regards to the upgrading
the following titles: Supervisor of Streets Sanitation
Parking Enforcement Officer
Assistant Filtration Plant Operator
Filtration Plant Operator.
This is for your information.
RECEIVED AND FILED.
No. 79
LOCAL 282
Info-Interest Arbitration Award
Regarding questions that Councilmember Fahey may have about the
Interest Arbitration Award of the Buffalo Professional Firefighters, Local 282,
Mr. Fahey asked why there is nothing in writing stating that the Buffalo
Professional Firefighters Local 282 will participate in reorganizing the Fire
Department. Local 282 has been on the Reorganization Committee for the last
four months.
All Council Members are welcome to attend these meetings. However,
neither Mr. Fahey nor a representative of his office has done so. That is why
he is not aware of this.
The Committee has made great steps toward reorganizing the Fire
Department. That is why I will continue to support this group.
I would be happy to address any and all concerns that the Councilmembers
may have in this regard.
The interest Arbitration Award is a matter of record. There can be no
additions or deletions from it. I hope this answers any inquiries that Mr.
Fahey may have.
RECEIVED AND FILED.
No. 80
FRED MILLER
Oppose Landlord License Law
This gentlemen would like to let you's (sic) know how unfair this
law is about landlords. He owns two buildings both are kept up and feels its
wrong for him to take time off of work just to inspect his buildings. His
tenants do not wish to have everyone going threw their apartments. Mr. Miller
feels this is a lot of wasted time and money.
RECEIVED AND FILED.
No. 81
NYS DEPT. OF TRANSPORTATION
Proposed Reconstruction of Delaware Avenue
Regarding your letter of October 7, 1993 and the proposed reconstruction
of Delaware Avenue between West Delavan Avenue and Nottingham Terrace, I would
like to clarify the fact that since Federal funds are allocated to this
project, the New York State Department of Transportation is required to design,
construct and inspect the work associated with it. This should eliminate your
confusion as to why our Department engineers appeared before the meeting of the
Delaware Park Steering Committee.
Reiterating my September 28, 1993 response to the Clerk of City of
Buffalo, this portion of Delaware Avenue is not a state highway, it is a city
street. Maintenance responsibirlity for Delaware Avenue remains with the City
of Buffalo. The City would be responsible for any resurfacing that is deemed
necessary.
Article 12-B, Section 349-e of the Highway Law, identifies Delaware
Avenue from Tupper Street to the Buffalo north city line as part of an unbuilt
state arterial. The section of Delaware Avenue from Nottingham Terrace to the
north city line is currently part of the State Arterial Highway System.
However, it is not the intent to extend the Arterial Highway System upon
completion of the reconstruction of Delaware Avenue between West Delavan Avenue
and Nottingham Terrace. Ownership and maintenance responsibilities will remain
with the City of Buffalo.
As to the project's design schedule, all funds required from the City of
Buffalo have been received and design efforts are underway. In fact, we
currently have a crew surveying this portion of Delaware Avenue. Once our
survey is complete and some preliminary work completed, your office, as well as
other interested parties, will be contacted to obtain input in the design of
this project.
Due to the significant amount of environmental and social concerns
associated with this project, full evaluation of these issues must be
undertaken before our design plans can be finalized. Thus, the need to schedule
construction for 1997.
I hope this answers your concerns about this project, but feel free to
contact this office in the future if other questions arise.
Since you copied the people listed below, I have taken the liberty of
sending them a copy of our response.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 82
BILL PAXON
Supplemental Hiring Grant
This letter serves as an acknowledgment that my office has received
the Buffalo City council's resolution regarding the Supplemental Hiring Grant.
I always appreciate being informed of the opinions of local government.
There is no question that this assists me in representing the constituents of
the 27th District.
Again, thank you for forwarding this resolution along to my office.
RECEIVED AND FILED.
No. 83
PURCHASING SUPPORT SERVICES
Preliminary Review-of Purchasing Functions
City/Bd. Of Education
Attached please find our report pertaining to the City's purchasing
functions resulting from my visit to the departments last week.
Purchasing Support Services would be very willing to continue this
project on a contractual basis and would welcome the opportunity to meet with
you to discuss this.
If you have any questions, do not hesitate to call me.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 84
JACK QUINN
Anti-Scab Legislation
Thank you for your letter of October 6th regarding the Council's
resolution "Support Anti-Scab Legislation" Item #244 C.C.P. that was adopted by
the Common Council. It was a pleasure to hear from you.
I have been an ardent supporter of this legislation and it passed the
House of Representatives on June 15, 1993 and I voted for it.
The right of employers to hire permanent replacement workers during an
economic strike has been congressionally recognized since 1934. while there
have been various modifications in the rights of employees for reinstatement to
available positions at the end of an economic strike, the basic balance in
economic power has remained unchanged for over the last 50 years.
As a former union member, I have always supported the rights of organized
labor to strike and I will continue to do so. Please be assured that I will
keep the views of the Common Council in mind if this legislation is addressed
again in the House of Representatives.
Again, thank you for sharing the Council's concern with me on this
important issue. If I may be of further assistance to you please do not
hesitate to contact me.
RECEIVED AND FILED.
No. 85
TASTE OF BUFFALO INC.
Non-Filing of Financial Report
I am Chairman of the 1994 Taste of Buffalo. I believe you spoke
with Carol Ann Roe, our project coordinator. It is my understanding that the
resolution regarding delivery of financial information will not apply to the
1993 Taste held in July of 1993 since it was concluded prior to adoption of the
October 5, 1993 resolution.
We will, of course, comply with the resolution for the 1994 Taste,
currently scheduled for July 9 and 10, 1994. We may, however, need more than
90 days to deliver the requested information. Our financial review is performed
by an accounting firm on a pro bono basis and we cannot guarantee that it will
be complete within 90 days after the event. As a not-for-profit civic
organization, I am sure that you understand we seek to minimize costs wherever
possible. If you need any further information or have any questions, do not
hesitate to contact me. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 86
EDWARD WYTRWAL
Complaints -Tree Trimming/Streets/Sewers
It is sad when a taxpayer has to call continuously for services
the city should be providing on an ongoing basis...tree trimming...cleaning out
sewers...potholes...street cleaning, etc. Maybe you should have a surveillant
program where all areas of the city are observed on a reconnoiter basis by a
citizen's group, inasmuch as the departments that should be handling such
problems choose not to do so.
For example, last fall some trees were trimmed on Chadduck Avenue and a
horrible job was done. In fact, we had dead branches exposed all summer. No one
came to see if the job had been done or the quality of the work. After many of
the neighbors asked me why nothing further was being done, I contacted my
Council Member Dale Zuchlewski. He advised that he had reported it to the
proper department. Unfortunately to date,. nothing has been done.
Three years ago Chadduck Avenue was repaved. Unfortunately about six
months later, same cracks recurred. Some patch jobs were done only after
residents called No one followed up to see the original repaving job.
During heavy rainstorms, sewers backed up in our streets due to blockage
from debris and leaves. Many calls were made to no avail. Streets never
cleaned. Residents have had to get out and clean streets in front of their
homes.
The area of Skillen Street between Ontario Street and Military Road is an
eyesore.
These businessmen are doing nothing to keep up their places. They close
their doors each day and probably go home to the suburbs, caring nothing about
the rubbish strewn all over, grass uncut, etc. That condition along with the
deteriorated area under the viaduct, is deplorable as well as unsafe. 1
understand many calls have been made regarding this situation.
We residents in Riverside are trying to keep up our area but we need the
help of the city in following through on work that should be done in the
neighborhoods without having to continually call for this service.
I hereby put the city of Buffalo and the Common Council on notice, that
they will be held responsible for any damage sustained to my property due to
negligence in trimming trees, streets and sewers not cleaned, etc.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 87
Residency Requirements/Exempt Employees (CC)
(Item # 128 CCP Mar 16, 1993)
That the above mentioned Item be and the same 15 hereby received
and filed.
ADOPTED.
No. 88
Back Pay for Joseph K. Migas
(Item No. 116, CCP, Oct 19, 1993)
That the Comptroller be, and he hereby is authorized to issue
a payment for time worked on August 14, 1993 to Joseph K. Migas, a seasonal
Laborer II in the Department of General Services, Division of Inventory &
Stores.
PASSED.
AYES- 12 NOES- 0.
No. 89
Appointment Of Assistant Benefits Manger (Max)(A&F)
(Item # 70 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Employment Recap/Mary R. O'Shei (BMHA)
(Item # 67 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Appointment Of Pumping Plant Operator (Max)
(Item # 76 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Appointment
Police/Budget Examiner Provisional
That Communication No 86 CCP Sep 7, 1993 be received and filed
and the Permanent appointment of Debbie Renzoni stated above at the Maximum
salary $37,552.00 effective on Aug 23, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 93
Appointment Of Senior
First Class Stationary Engineer (Max) (PW)
(Item # 40 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Appointment
Human Resources/
Coordinator/Lighted Schoolhouse Program
That Communication No 71 CCP Oct 19, 1993 be received and filed
and the Provisional appointment of Dexter Frank stated above at the
Intermediate salary $25,281.00 effective on Oct 7, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 95
Salary Ordinance Amendment/Public Works
(Item # 47 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Memorandum of Agreement
Upgradings Local 264
(Item No. 66, CCP, Nov 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Memorandum of Agreement between the City of Buffalo and AFSCME
Local 264, to upgrade the titles of Parking Enforcement Officer, Supervisor of
Street Sanitation I and Assistant Filtration Plant Operator, be approved and
ratified.
PASSED.
AYES- 12 NOES- 0.
No. 97
Sick Leave Bank W. Wagner
(Item # 67 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Salary Step Upgrade for Typist
Christine Carr - Human Resources
(Item No. 69, CCP, Nov 3, 1993)
That Christine Carr, Typist, residing at 83 Chester Street, Buffalo,
N.Y. 14208, be upgraded from her current salary at Step No. 3 for $20,299 to
salary Step No. 5 for $21,352.
Mr. Pitts now moved that the above item be received and filed.
ADOPTED.
No. 99
Notices Of Appointments (C.Clerk)
(Item # 80 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Salary Ordinance Amendment
40 - Department of Public Works
40-1 Division of Engineering
014 - Construction of Streets
(Item No. 174, CCP, Nov 3, 1993)
That the Salary Ordinance Amendment as contained in Item No. 174,
C.C.P., November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 101
Agreement with GBAC - World Games Costs
(Item No. 7, CCP, Oct 5, 1993)
That the Mayor be, and he hereby is authorized to enter into an
agreement between the City of Buffalo and the Greater Buffalo Athletic
Corporation (GBAC), to make a $19,000 cash payment to GBAC from Pilot Field
Enterprise Fund which is the net surplus as a result of the forgiveness of July
electricity charges after deducting $41,000 of costs incurred by the City on
behalf of the World University Games ($17,000 Pilot Field and $24,000 Memorial
Auditorium), all as more fully described in the referenced communication.
PASSED.
AYES- 12 NOES- 0.
No. 102
World Games Costs (A&F)
(Item # 64 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Transfer Title - 913 Jefferson Avenue
(Item No. 14, CCP, Oct 19, 1993)
That the offer of 909 Development Corp., located at 108 Woodcrest,
Amherst, in the sum of $4,900.00 (Four Thousand and Nine Hundred Dollars),
which represents the amount of County taxes, City taxes, In Rem charges and
applicable interest charges, for the property described as 913 Jefferson
Avenue, be and hereby is accepted; and
That the Mayor be authorized to execute the necessary documents for the
transfer of said title.
PASSED.
AYES- 12 NOES- 0.
No. 104
D. Oleszek/Favors Action On Animal Shelter
(Item # 96 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
M. Levy/Request Action On Animal Shelter
(Item # 159 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Change in Contract - Stage for
Shakespeare in the Park
(Item No. 30, CCP, Oct 19, 1993)
That the Commissioner of Public Works, be and he hereby is, authorized
to issue a change order No. 2 to Swiss Fabricating, Inc. C-91702000, a net
increase in the amount of $27,700.00, as more fully described in the above
communication, for additional work relating to the Stage for Shakespeare in the
Park. Funds for this contract are available in B/F 200-402-523 Division of
Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 107
Change in Contract
Demolition 1489 Fillmore Avenue
(Item No. 68, CCP, Oct 19, 1993)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to issue a change order to Integrated Waste
Special Services, changes resulting in a net increase in the amount of
$5,000.00, as more fully described in the above communication, for work
relating to Demolition of 1489 Fillmore Avenue a/k/a former G.E. Plant. Funds
to be charged to the Capital Projects Fund #200-241-002-00000.
PASSED.
AYES- 12 NOES- 0.
No. 108
Emergency Situation/Operation/
Maintenance Of War Memorial (CD)
(Item # 66 CCP Oct 5 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
National Inner City Youth/Waive Video permit Fee
(Item # 84 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Waiver Of Video Game Fees (PW)
(Item # 45 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Elimination Of Performance Bond Requirements (CC)
(Item # 53 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby referred
to the Committee on Education.
ADOPTED.
No. 112
Favor Elimination Of Performance Bonds (GS)
(Item # 70 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby referred
to the Committee on Education.
ADOPTED.
No. 113
Report of Emergency Demolition - 135 Krupp Street
(Item No. 61, CCP, Nov 3, 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 $25,948.00, relating to 135 Krupp 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- 12 NOES- 0.
No. 114
First Quarter 1993-1994 Budget Report
(Item # 65 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Bids for Auction of City Vehicles
(Item No. 71, CCP, Nov 3, 1993)
That the Commissioner of General Services be, and he hereby is,
authorized to dispose of the City vehicles described in the above
communication, for a total amount of $21,150.00.
PASSED.
AYES- 12 NOES- 0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 116
Crippled Children's Guild, Petition to use
938 Delaware Avenue
(Item No. 98, CCP, Nov 3, 1993)
That after a public hearing before the Committee on Legislation
on November 9, 1993, the petition of the Crippled Children's Guild, owner, for
permission to use 938 Delaware Avenue for a pole sign be, and hereby is
approved.
PASSED.
AYES- 12 NOES- 0.
No. 117
H.H. Acquisition Corp/Rezone 9-13 Toledo Place (withdrawn)
(Item # 99 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Review Screening 650 Delaware (CPBD)
(Item # 7 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Screening Of 650 Delaware (Pres. Bd.)
(Item # 15 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Request Ordinance/Parking Change 7th St. (CC)
(Item # 53 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Set Hearing/Demolition Of 2183-2211 Main St. (Set Date)
(Item # 222 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Article 78 Proceeding Vs. C. Paladino (CC)
(Item # 91 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Support Cooperation/Oppose Privatization
(Item # 142 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Status Of Court Cases-Adult Book Stores
(Item # 259 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.125
Status/Adult Book Store Cases (CC)
(Item # 50 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
NYSDOT/Responsibility For Resurfacing "S" Curves
(Item # 86 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Buffalo Police Department Integration
(Item No. 233, CCP, Oct 5, 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. 128
Police Department Integration (Police)
(Item # 44 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 129
Veto - Ordinance Amendment Chapter 264
Licensing of Rental Housing Business
(Item No. 1, C.C.P., Nov. 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
To sustain the Mayor's Veto of the Ordinance Amendment Chapter 264 -
Licensing of Rental Housing Business (Item No. 187, C.C.P., September 21, 1993
and Item No. 226, C.C.P., September 7, 1993). Seconded by Mr. Pitts.
Mr. Franczyk now moved to amend the above motion to Override the Mayor's
Veto. Seconded by Mr. Fahey.
LOST.
AYES- AMOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6.
NOES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, PITTS- 6.
No. 130
Status/Funding Pesticide Removal (Pks)
(Item # 48 CCP Nov 3, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Eastman Capital Corporation/Oppose Landlord License
(Item # 87 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Ordinance Amendment Chapter 144
Landscaping Contractor
(Item No. 162, C.C.P., Nov. 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Ordinance Amendment as contained in Item No. 162, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI- 10.
NOES- COPPOLA, PITTS- 2.
No. 133
Ordinance Amendment Chapter 144 of
Chapter 175 - Fees
(Item No. 163, C.C.P., Nov. 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Ordinance Amendment as contained in Item No. 163, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI- 10.
NOES- COPPOLA, PITTS- 2.
No. 134
Ordinance Amendment Chapter 441 Telephone Booths
(Item No. 164, C.C.P., Nov. 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Ordinance Amendment as contained in Item No. 164, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 135
Ordinance Amendment Chapter 441 of Chapter 175 - Fees
(Item No. 165, C.C.P., Nov. 3, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. Lotempio moved:
That the Ordinance Amendment as contained in Item No. 165, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 136
Lease Parcel 8-C Corner Main/Virginia
Item No. 58, C.C.P., Nov 3, 19 93)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Amos the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Dave Sengbush - Community Development
Tom McKelvin - Pollack Printing- Opposed
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Higgins.
CARRIED.
Mr. Fahey now moved that the above item be recommitted to the Committee
on Economic Development.
Seconded by Mr. Franczyk.
ADOPTED.
No. 137
LDA- Buffalo Distributors Warehouse Group
(Item No. 59, C.C.P., Nov 3, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Pitts the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Mary Ann DeMarco - Community Development
Allan Dewart - Bflo. Warehouse Group
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey now moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly designated New Buffalo
Distribution Warehouse Group and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law", and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That New Buffalo Distribution Warehouse Group and/or other legal entity
to be formed was duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for a
portion of New Buffalo industrial Park.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to New Buffalo Distribution Warehouse Group and/or other legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, ZUCHLEWSKI- 11.
NOES- BAKOS- 1.
STADIUM/AUD TASK FORCE
HON JAMES W. PITTS
CHAIRMAN
No. 138
Draft EIS/Crossroads Arena (Cd)
(Item # 55 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 139
By: Mr. Arthur
Amend Salary Ordinance Amendment -Department of Fire
Whereas: On November 3, 1993 (C.C.P. # 176) this Common Council
approved a Salary Ordinance Amendment for the Department of Fire in accordance
with the arbitrator's award; and
Whereas: In preparing the Salary Ordinance Amendment the administration
included three (3) Assistant Fire Alarm Dispatchers and designated these
positions for three (3) individuals only; Leslie Gray, Richard Furman and
Robert Heisler; and
Whereas: These three designated Assistant Fire Alarm Dispatchers were not
included in the arbitrator's award; and
Whereas: Two of these three individuals have returned from duly granted
leaves of absence providing further evidence that there is no valid reason for
including these positions in the Salary Ordinance.
Now Therefore Be It Resolved:
That this Common Council directs the Department of Administration and
Finance to prepare an amendment to the Salary Ordinance for the Department of
Fire, removing these three positions; and
Be It Further Resolved:
That the amended Salary Ordinance for the Department of Fire be submitted
to this Common Council as soon as is practicable for final approval by this
body.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE.
No. 140
By: Mr. Arthur
Ordinance Amendment
Amend Chapter 180 - Adding New Article III
Firearms, Arrows And Other Weapons
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 180 of the Code of the City of Buffalo be amended by adding
a new Article III as follows:
Article III. Firearms, Shotguns, Rifles and Other Dangerous Weapons.
Section 180-11. Purpose and Intent.
The Council finds that violent crime is a serious problem in the City and
firearms and other dangerous weapons are frequently used in the commission of
crimes, particularly homicides and assaults. The possession of such weapons
also often leads to accidental deaths and injuries. The possession and use of
assault weapons and ammunition feeding devices for criminal purposes is
increasing and poses a serious danger to public safety. The use of weapons by
persons under the influence of drugs and/or alcohol can readily lead to serious
injury or death. The possession of weapons in public facilities and places also
poses a serious danger to public safety. The possession of toy or imitation
weapons which substantially duplicate actual weapons poses danger to the person
possessing the weapon and to others. In order to promote and protect the
health, safety and welfare of the public, the Council finds it necessary to
place restrictions upon the possession and use of such weapons. The
restrictions imposed by this ordinance are intended to be in addition to
restrictions found in state law, and are not intended to conflict with state
law provisions.
Section 180-12. Definitions.
AIR GUN - Air gun, air rifle, pellet gun, BB gun, or any revolver, pistol or
instrument which may be used as a weapon in which the propelling force is
compressed air, compressed gas, a spring or any elastic substance and which
releases darts, pellets, bullets, metallic particles or other materials capable
of endangering life or property or causing bodily injury, or any instrument
commonly known as a "blank gun" in which any loaded or blank cartridge or
ammunition is or may be used.
AMMUNITION - Explosives suitable to be fired from a firearm, machine gun,
pistol, revolver, rifle, shotgun, assault weapon or other dangerous weapon.
AMMUNITION FEEDING DEVICE - Magazines, belts, feedstrips, drums or clips
capable of being attached to or utilized with any centerfire rifle, shotgun or
pistol which employs the force of the expanding gases from a discharging
cartridge to chamber a fresh round after each single pull of the trigger which,
in the case of a rifle or shotgun holds in excess of five (5) cartridges, or in
the case of a pistol holds in excess of seventeen (17) cartridges.
ASSAULT WEAPON -
(1) Any centerfire rifle or shotgun which employs the force of the expanding
gases from a discharging cartridge to chamber a fresh round after each single
pull of the trigger, and which is loaded or capable of being loaded with a
combination of more than six (6) cartridges in the ammunition feeding device
and chamber combined. For the purposes of this Section, a weapon is capable of
being loaded if it is possessed by one who, at the same time, possesses: (a) in
the case of a rifle, a fixed or detachable ammunition feeding device which is
attached to or utilized with or capable of being attached to or utilized with
such rifle and which has a capacity of more than five (5) cartridges; or (b)in
the case of a shotgun, an ammunition feeding device which is attached to or
utilized with or capable of being attached to or utilized with such shotgun and
which has a capacity of more than five (5) cartridges.
(2) A centerfire rifle or shotgun which employs the force of expanding gases
from a discharging cartridge to chamber a fresh round after each single pull of
the trigger, and which has:
(a) A flash suppressor attached to the weapon reducing muzzle flash;
(b) A grenade launcher;
(c) A sighting device making a target visible at night;
(d) A barrel jacket surrounding all or a portion of the barrel to
dissipate heat therefrom; or
(e) A multi-burst trigger activator.
(3) Any stockless pistol grip shotgun.
(4) The following weapons manufactured prior to the effective date of this
Section:
(a) Rifles and shotguns by manufacturers in the United States:
[1] Auto-Ordinance Corporation Thompson MI, Mix, 27 A-I Thompson, 1927
A-I Thompson Delux, 1927 AS
[2] Calico M900 Carbine
[3] Colt AR-15A2 Carbine, AR-15A2-Delta HBar, AR-15A2 H-Bar
[4] Feather Industries AT-9
[5] Federal Engineering Corporation XC-900, XC450 Auto Carbines
[6] Springfield Armory Inc. BM-59, SAR48
[7] S.W.D. Cobray M-11 and Street Sweeper Shotgun
[8] Weaver Arms Corporation Nighthawk
(b) Rifles and shotguns by manufacturers outside the United States:
[1] Avtomat Kalashnikovs manufactured or imported by American Arms,
Bushmaster Firearms, Daewoo, Mitchell, Norinco and Poly Technologies
[2] Beretta AR-70 Sporter Rifle
[3] Fabrique Nationale FN, FNC Rifles
[4] Franchi LAW 12 Auto, SPAS 12 Pump/Auto Shotguns
[5] Heckler and Koch HK 91, 93, 94 Rifles
[6] Israeli Military Industries Galil Rifles, UZI Carbines
[7] Steyr Daimler-Pusch A.U.G. Autoloading Rifle
[8] Striker 12 Shotgun
[9] Valmet M-76 standard Rifle, M78 Semi-Auto
(5) For purposes of this Section the term assault weapon shall not include
any of the following:
(a) Any weapon which has been modified to render it permanently
inoperable or permanently make it a device no longer defined as an assault
weapon;
(b) Weapons that do not use cartridges or shells;
(c) Manually operated bolt-action weapons, lever-action weapons,
slide-action weapons or single-shot weapons;
(d) Multiple-barrel weapons, revolving-cylinder weapons except shotguns,
weapons that use exclusively a rotary Mannlicher-style magazine; or
(e) Any antique firearm as defined in Section 265.00 of the New York
State Penal Law or any curio or relic as defined under United States Law which
is possessed by a licensed collector in accordance with United States Law.
DISPOSE OF - To dispose of, give away, give, lease, loan, keep for sale, offer,
offer for sale, sell, transfer or otherwise dispose of.
DRUG - Any substance listed in Section 3306 of the Public Health Law of the
State of New York.
DWELLING - As defined in Section 115-13 of the Municipal Code.
FIREARM - Any pistol or revolver; or a shotgun having one or more barrels less
than eighteen (18) inches in length or any weapon made from a shotgun (whether
by alteration, modification, or otherwise) if such weapon as modified has an
overall length of less than twenty-six (26) inches; or a rifle having one or
more barrels less than sixteen (16) inches in length or any weapon made from a
rifle (whether by alteration, modification, or otherwise) if such weapon as
modified has an overall length of less than twenty-six (26) inches. For
purposes of this definition, the length of the barrel on a shotgun or rifle
shall be determined by measuring the distance between the muzzle and the face
of the bolt, breech, or breechlock when closed and when the shotgun or rifle is
cocked; the overall length of a weapon made from a shotgun or rifle is the
distance between the extreme ends of the weapon measured along a line parallel
to the center line of the bore. Such definition, except as otherwise indicated,
shall include both loaded and unloaded firearms, except that it shall not
include any antique firearm as defined in Federal or New York State Law or any
curio or relic as defined under United States Law which is possessed by a
licensed collector in accordance with United States Law.
PARK - As defined in Section 79-1 of the Municipal Code.
POSSESS - Have physical possession or otherwise to exercise dominion or control
over. The presence in an automobile of any firearm, rifle or shotgun which is
openly visible is presumptive evidence of its possession by all persons
occupying such automobile at the time such firearm, rifle or shotgun is found,
except if such firearm, rifle or shotgun is found in a vehicle for hire.
PUBLIC PLACE - Any street, including the sidewalk portion thereof, park,
playground, recreation area, cemetery or lot owned, leased, operated or
controlled by or on behalf of any government, municipality or public authority
or corporation within the boundaries of the City, which is generally accessible
to the public, except grounds used for educational purposes.
PUBLIC FACILITY - Any building or facility owned, leased, operated or
controlled by or on behalf of any government, municipality or public authority
or corporation within the boundaries of the City, except buildings or
facilities used for educational purposes.
RIFLE - A weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
SHOTGUN - A weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire through a smooth
bore either a number of ball shot or a single projectile for each single pull
of the trigger.
Section 180-13. Possession of Firearms and Other Dangerous Weapons.
No person shall possess a loaded or unloaded firearm shotgun or air gun,
or a dagger, dangerous knife, dirk, razor or stiletto in a public place or
public facility in the City. This prohibition shall not apply to:
(1) A police officer or peace officer authorized to possess the same;
(2) A government employee or licensed security guard authorized or required
by employment or office to possess the same while acting within the scope of
such employment;
(3) A person in the military service of the State of New York or the United
States when duly authorized to possess the same;
(4) A person transporting a rifle or shotgun in a motor vehicle in the City
in accordance with the provisions of Section 11-0931(2) of the New York State
Environmental Conservation Law, or otherwise transporting an unloaded rifle,
shotgun or air gun in the City provided that the same is completely enclosed or
contained in a non-transparent carrying case and either:
(a) Said carrying case is locked, or
(b) A locking device is attached to the weapon and locked in a manner so
as to prevent the weapon from being fired;
(5) An authorized person who, for the purpose of shooting practice, possesses
a weapon at an established target range in a public place other than a park, or
public facility;
(6) A person voluntarily surrendering the same in accordance with the
provisions of Section 265.20 of the Penal Law; or
(7) Possession of a firearm by a person licensed to carry a firearm pursuant
to Section 400.00 of the Penal Law or possession or transportation by a
gunsmith or dealer in firearms in accordance with a license issued by the State
of New York or the United States, except that this subdivision shall not apply
in a park or a public facility other than a parking garage.
Section 180-14. Storage of Firearms, Rifles, Shotguns and Airguns.
No person shall store a firearm, rifle, shotgun or air gun in a dwelling
in the City unless said firearm, rifle, shotgun or air gun is completely
enclosed or contained in a non-transparent locked carrying case or in a locked
gun rack, cabinet, closet or safe, or a locking device is attached to the
weapon and locked in a manner so as to prevent the weapon from being fired.
This requirement shall not apply to a rifle, shotgun or licensed firearm
carried on the body of the owner or within such close proximity of the owner
that the owner can retrieve it as quickly and easily as if it were carried on
the owner's body.
Section 180-15. Disposal of Firearms, Rifles, Shotguns, Airguns, and
Ammunition.
No person shall dispose of any firearm, rifle, shotgun, air gun or
ammunition in the City. This prohibition shall not apply to:
(1) A gunsmith or dealer in firearms duly licensed by the State of New York
or the United States;
(2) A person disposing of the same to a gunsmith or dealer in firearms duly
licensed by the State of New York or the United States;
(3) A person voluntarily surrendering the same in accordance with the
provisions of Section 265.20 of the Penal Law; or
(4) A person disposing of a licensed firearm in accordance with law; or
(5) Disposition by intestacy or testamentary bequest; or
(6) A person disposing of a rifle, shotgun, air gun or ammunition to a family
member.
Section 180-16. Possession of Assault Weapons and Ammunition Feeding Devises.
No person shall possess an assault weapon or an ammunition feeding device
in the City. This prohibition shall not apply to:
(1) A police officer or peace officer authorized to possess the same;
(2) A person in the military service of the State of New York or the United
States when duly authorized to possess the same;
(3) A person voluntarily surrendering the same in accordance with the
provisions of Section 265.20 of the Penal Law; or
(4) A gunsmith or dealer in firearms duly licensed by the State of New York
or the United States for weapons to be used by police officers or persons in
the military service or for delivery outside of the City.
Section 180-17. Disposal of Assault Weapons and Ammunition Feeding Devises.
No person shall dispose of an assault weapon or ammunition feeding device
in the City. This prohibition shall not apply to:
(1) A person voluntarily surrendering the same in accordance with the
provisions of Section 265.20 of the Penal Law; or
(2) A gunsmith or dealer in firearms duly licensed by the State of New York
or the United States for weapons to be used by police officers or persons in
the military service or for delivery outside of the City.
Section 180-18. Carrying of Firearms, Shotguns, Rifles and Airguns.
No person shall carry a firearm, shotgun, rifle or air gun in the City
while:
(1) Such person has one-tenth (.10) of one percentum or more by weight of
alcohol in the person's blood as shown by chemical analysis of the person's
blood, breath, urine or saliva; or
(2) In an intoxicated condition; or
(3) The person's ability to safely carry such weapon is impaired by the use
of a drug.
Any person who carries a firearm, shotgun, rifle or air gun in this City
shall be deemed to have given consent to a breath test, and a chemical test of
the person's breath, blood, urine or saliva for the purpose of determining the
alcoholic or drug content of the person's blood provided that any test is
administered at the direction of a police officer having reasonable grounds
therefor. A chemical test must be administered within two (2) hours after such
person has been placed under arrest for a violation of this Section or any
other law or ordinance involving the use or possession of a firearm, rifle,
shotgun or air gun, or within two hours after a breath test indicates that
alcohol has been consumed by such person. Upon the trial of any action arising
out of an arrest for a violation of subsection H of this section, the Court
shall admit evidence of the amount of alcohol or drugs in the blood of the
person carrying the firearm, shotgun, rifle or air gun as shown by a test
administered pursuant to this section. Evidence of a refusal to submit to a
chemical test shall be admissible in any trial, proceeding or hearing based
upon a violation of such subsections, but only upon a showing that the person
was given sufficient warning, in clear and unequivocal language, of the effect
of such refusal and the person persisted in such refusal.
Section 180-19. Toy or Imitation Pistols and Revolvers.
No person shall possess, use or dispose of any toy or imitation pistol or
revolver which substantially duplicates an actual pistol or revolver, unless
said imitation or toy pistol or revolver shall be colored in colors other than
black, blue, silver or gray, and further provided that the barrel of said toy
or imitation pistol or revolver shall be closed with the same material of which
the toy or imitation pistol or revolver is made for a distance of not less than
one-half inch from the front end of said barrel.
Section 180-20. Discharge of Airguns, Shotguns, Assault
Weapons, Machine Guns, Submarine Guns.
(1) No person shall discharge an air gun, shotgun, rifle, assault weapon,
machine gun, submachine gun or a firearm of any kind or description in the
City, except police officers, peace officers, members of the military and
persons holding permits as in this subsection provided.
(2) The Commissioner of Police is hereby authorized to grant permits for the
discharge of shotguns at clay pigeons at any particular location or for the
discharge of weapons at target ranges subject to such restrictions and
conditions as the Commissioner may deem necessary. Any person holding such a
permit shall obey all the restrictions and conditions contained herein.
Section 180-21. Penalties.
Notwithstanding the penalties contained in Section 47-8, a violation of
any provision of this section shall be punishable by a fine not to exceed One
Thousand Dollars ($1,000), or by imprisonment not to exceed one hundred eighty
(180) days, or by both such fine and imprisonment.
Section 180-22. Severability.
The provisions of this Section are severable, and if any of its
provisions shall be held unconstitutional or invalid, the decision of the court
shall not affect or impair any of the remaining provisions of the same. It is
hereby declared to be the intention of the Council that this Section would have
been adopted had such unconstitutional or invalid provision not been included
herein. If any term or provision of this Section shall be declared
unconstitutional, invalid or ineffective in whole, or in part, by a court of
competent jurisdiction then to the extent that it is not constitutional,
invalid or ineffective, such term or provision shall be in force and effect,
nor shall such determination be deemed to invalidate the remaining terms or
provisions thereof.
Section 180-23. Code, Sale or gift of dangerous weapons, is hereby repealed.
Approved as to form
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No. 141
By: Mr. Arthur
Memorialize Senate Bill S1890 and Assembly Bill A-3346B and act
To Amend the Executive, Civil Rights and the Education Law in Relation To
Prohibiting Discrimination Based On Sexual Orientation.
Whereas: Ending 22 years of inaction, the New York State Assembly
passed by a vote of 90-50 in the 1993 Legislative Session a bill extending the
Human Rights Law to protect gays and lesbians from discrimination; and
Whereas: The New York State Senate failed to pass the bill or even permit
debate on the proposed bill in the 1993 Legislative Session; and
Whereas: Existing State law prohibits discrimination in employment,
education, public accommodations, credit, and housing on the basis of age,
race, creed, color, national origin, sex, marital status, or disability; and
Whereas: The proposed law would recognize that prejudice because of sexual
orientation should not deny gay men and lesbians these same protections; and
Whereas: It is a basic human right to be free from discrimination based on
sexual orientation in employment, housing, education and public accommodations;
and
Whereas: It is past time for us to acknowledge as a matter of law that no
one should be denied a job or a home or be a target of bias violence simply
because of his or her sexual orientation; and
Whereas: The Buffalo City Council believe that bias and unfair actions
should be illegal and that this legislation would help to assure equal
opportunity to gay and lesbian New Yorkers.
Therefore, Be It Resolved That:
The Buffalo City council supports passage by the New York State
Legislative of the Gay and Lesbian Civil Rights Bill which prohibits
discrimination based on sexual orientation.
Be It Further Resolved That:
Certified copies of this resolution be forwarded to the clerks of the New
York State senate and Assembly and to the Western New York Delegation to the
New York State Legislature.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 142
By: Mr. Bell
Cap On Parking Ticket Arrears
Whereas: Despite considerable effort over the past few years, there
remains an enormous backlog of parking ticket fines, penalties and interest
owed the city; and
Whereas: A lack of adequate manpower and the huge scope of the task have
hampered the ability of the Parking Violations Bureau to recover this money;
and
Whereas: A main reason that many people are reluctant to pay outstanding
fines until they are compelled to pay them is because of the rapid escalation
of the penalties; and
Whereas: For example a $35 fine becomes $75 if no plea is entered within 8
days, and increases to $95 after a default judgment is entered; and
Whereas: Since no payment schedule is available, it is difficult for many to
pay the full amount due; and
Whereas: As a result, many people simply do not pay the fines and penalties
until they are forced to do so after an extended period of time; and
Whereas: Many scofflaws who are eventually forced to take action request
hearings and have their penalties reduced to the original fines; and
Whereas: In those cases, the city has to incur additional costs to recover
the money, yet only receives the amount of the initial fine; and
Whereas: The City needs to consider innovative and creative ways to collect
as much of this money as possible in a quick and cost-effective manner;
Now, Therefore Be It Resolved:
That the Director of the Parking Violations Bureau report on the
feasibility of establishing a policy in which a $250 cap per individual is
established which, when reached, triggers an effort to negotiate a payment
schedule with the scoff law.
ADOPTED.
AYES- BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PITTS- 8.
NOES- AMOS, ARTHUR, LOTEMPIO, ZUCHLEWSKI- 4.
No. 143
By: Mr. Collins
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
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
$890 be and the same is hereby transferred from the 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 $890
To:
200 Capital Projects
40-2 - Division of Buildings
022 - Police Reorganization Plan (appraisal) $890
PASSED.
AYES- 12 NOES- 0.
No. 144
By: Mr. Collins
Establish Lottery System For The Sale Of Property
Whereas: City property is presently sold when a individual or an
agency contacts the city about a specific parcel or at an In-Rem auction in
which a parcel is sold to the highest bidder; and
Whereas: The process used in the In-Rem auction in which a parcel is sold to
the highest bidder puts financially qualified individuals at a disadvantage to
compete against real estate investors; and
Whereas: The City of Buffalo should now establish a lottery system for the
sale of residential In-Rem property to be sold for $1000.00 or an amount
sufficient to entice prospective home owners to acquire these properties and
agree to reside in the premises for five years immediately after the purchase;
and
Whereas: By offering these In-Rem properties through a lottery system and at
an enticing price it will offer and allow for more owner occupancy property
owners, and more important put these properties back on the city tax rolls; and
Whereas: All prospective buyers should be required to go through a thorough
investigation process to be sure that they don't have any arrears in property,
sewer or water taxes on any properties they may own; and
Whereas: Under no circumstance should any In-Rem property be transferred to
a buyer unless they are free of code violations on any city property they own
and they are not named in any inspection or housing court case(s) pending.
Now, Therefore Be It Resolved That:
This Honorable Body directs the Division of Real Estate to file a
response with the Common Council on the feasibility of establishing a lottery
system for the sale of property.
ADOPTED.
No. 145
By: Mr. Collins
Save the Voting Rights Act
Whereas: Historically, Hispanics and African Americans have been
unable to elect officials who would truly represent them because district lines
were drawn in a way that diluted their numbers; and
Whereas: The Creation of the Voting Rights Act of 1965 was intended to give
minority voters a chance to decide who will represent them; and
Whereas: Minority political representation has moved forward due to the
creation of the Voting Rights Act of 1965; and
Whereas: In June of this year, the United States Supreme Court delivered a
5-4 decision against Congressional Redistricting of two districts in North
Carolina; and
Whereas: The U.S. Supreme Court also announced it will hear three other
challenges to the Voting Rights Act, from Georgia and Florida, during the term
beginning in October; and
Whereas: It appears some Justices are eager to dismantle the single most
important legal accomplishment of the Civil Rights Movement; and
Now, Therefore Be It Resolved:
That this Common Council strongly supports the Voting Rights Act of 1965;
and
Be It Further Resolved:
That the Buffalo Common Council Memorialize the United States Senate, the
United States House of Representatives, and the United States Supreme Court to
continue to vigorously defend and support the Voting Rights Act of 1965; and
Be It Finally Resolved:
That the City Clerk forward a certified copy of this resolution to the
Western New York Delegation of Congress, Senators Moynihan and D'Amato, to the
Clerk of the Senate, the Clerk of the House and the United States Supreme
Court.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 146
By: Messrs. Collins, Arthur, Franczyk and Zuchlewski
Council Opposition to NAFTA
Whereas: The North American Free Trade Agreement, as currently
constituted, could have disastrous consequences for working people in America;
and
Whereas: NAFTA will likely encourage and exacerbate the movement of capital
and jobs to low wage opportunities in Mexico; and
Whereas: The loss of middle class jobs has caused serious difficulties for
our nation and areas such as Buffalo have been on the cutting edge of pain in
relation to this trend; and
Whereas: The Economic Policy Institute has estimated that NAFTA could cost
the US as many as 500,000 jobs; and
Whereas: A Wall Street Journal article has revealed that more than half of
top executives of 455 major companies are contemplating shifting operations to
Mexico if NAFTA is adopted; and
Whereas: The United Auto Workers Union has estimated that NAFTA will cost
taxpayers $30 to 50 billion for "lost tariff income, cleaning up border
pollution, building new roads and bridges, and paying for unemployment and job
retraining costs"; and
Whereas: Environmentalists note that, particularly in the Great Lakes area,
NAFTA would cause a disastrous roll back of environmental standards,
undermining years of painstaking cooperation between the Canadian and US
governments; and
Whereas: NAFTA threatens to supersede and overwhelm the Great Lakes Water
Quality Agreement and, by treating Great Lakes water as a "good", NAFTA would
open the door to diversion of water from the lakes to drier parts of North
America; and
Now Therefore Be It Resolved, That:
Given Buffalo's experience with de-industrialization, this Common Council
wishes to send a clarion call to President Clinton, to Congress, and to other
communities around the nation that NAFTA, without just wage and environmental
standards, would result in great suffering for the majority of Americans; and
Be It Further Resolved, That:
The City Clerk be directed to send certified copies of this resolution to
President Clinton, the Clerk of the US Senate, the Clerk of the House of
Representatives, to the members of the Western New York Congressional
delegation, and to the president of the National League of Cities.
ADOPTED.
No. 147
By: Mr. Coppola
Request Comptroller To Delay Actual Bond Sale For Crossroads Arena
Whereas: This Common Council has approved the bond resolution authorizing
the sale of $10 million in bonds for Crossroads Arena Site Development; and
Whereas: This authorization took place at the November 16 meeting of the
Common Council; and
Whereas: At the time of approval, no lease between concerned parties for use
of the new arena is in place;
Now, Therefore, Be It Resolved:
That this Common Council request that the Comptroller refrain from the
actual sale of the bonds until such time that a fully executed lease between
all concerned parties be in place.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
No. 148
By: Mr. Fahey
Ordinance Amendment to Require More Thorough Scrutiny of In-Rem
Property Purchasers
Whereas: As a matter of policy, the City of Buffalo requires identification
of any person who participates in the annual auction of In-Rem properties; and
Whereas: After each individual has submitted proper identification, a
background check of the individual is undertaken to determine whether that
person is more than one year delinquent on city property taxes for other
properties; and
Whereas: If the purchaser has been found to owe more than one year's taxes
on other properties, the city referee has the right to refuse to transfer title
to that individual; and
Whereas: This policy seemingly does not obligate the referee to refuse
transfer of city property if tax arrears are discovered to be owed by the
purchaser; and
Whereas: In addition, the policy does not scrutinize housing code
violations, or inspection and housing court activity on other properties owned
by the purchaser; and
Whereas: The absence of a strong background investigation allowed noted
slumlord Robert Palano to purchase several properties through the In-Rem
process despite the fact that he owed back taxes on other properties; and
Whereas: Establishing a more thorough review process, and conducting a more
stringent investigation of individuals interested in purchasing city owned
properties should be a matter of law not policy; and
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel, in conjunction
with the Department of Assessment, the Comptroller's Office, the Treasurer, and
the Department of Inspections and Community Revitalization, to draft an
ordinance amendment that would:
a. establish a more thorough review process for In-Rem purchases,
b. require a stricter investigation into persons interested in' purchasing
city-owned property through In-Rem auctions, and
c. prohibit transfer of In-Rem property to any individual or agency owing
back property taxes, or having a history of housing code violations on other
properties they own.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF
INSPECTIONS AND REVITALIZATION AND THE CORPORATION COUNSEL.
No. 149
By: Mr. Fahey
City Note Issues Credit Enhancement Agreements
Resolution of the City of Buffalo, New York, authorizing the City
Comptroller to enter into Agreements for Credit Enhancement of City Note Issue.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves as follows:
Section 1. Pursuant to the authority vested in it under Section 168.00 of
the New York Local Finance Law, The Common Council of the City of Buffalo, the
governing body of such City, hereby delegates to the Comptroller, the chief
fiscal officer of the City, its powers under such section 168.00 with respect
to agreements for credit or liquidity enhancement in order to facilitate the
issuance, sale, resale and payment of notes of the City. The powers hereby
delegated shall be exercised by the Comptroller until such time as the Common
Council, by resolution, shall elect to reassume the same.
PASSED.
AYES- 12 NOES- 0.
No. 150
By: Mr. Fahey
Lead Task Force Members
Whereas: John Coleman of 425 Michigan Avenue had previously been
appointed to the joint City-County Lead Action Task Force; and
Whereas: Mr. Coleman has not attended meetings of tile Task Force and has
left his position at Sheehan Memorial Hospital; and
Whereas: The Task Force has requested that his membership be revoked; and
Whereas: Mrs. Florence Johnson has asked that her son, Isaac Johnson,
replace Mary Hill as her alternate on the Task Force;
Now Therefore Be It Resolved, That:
This Common Council revokes the membership of John Coleman on the joint
City-County Lead Action Task Force and appoints Isaac Johnson of 40 Pansy PI.
in place of Mary Hill as an alternate for School Board member Florence Johnson.
ADOPTED.
No. 151
By: Messrs. Fahey, Higgins and Franczyk
Include The Greenway Trail In The Design Of The Crossroads Project
Whereas: By resolution 220, C.C.P., September 21, 1993, this Common
Council requested the Department of Community Development to include the
Greenway Trail as a significant part of the Crossroads Project; and
Whereas: The Greenway Trail, as adopted by the Buffalo Common Council, is a
multi-use pedestrian trail which will border the Niagara River, Buffalo River
and Lake Erie waterfronts, establishing public access as the top priority in
waterfront development; and
Whereas: The integration of the Greenway Trail with the Crossroads project
is essential in that Crossroads is a centerpoint for the Buffalo waterfront and
will be a point of departure for a great deal of waterfront activity; and
Whereas: Because of Crossroads' prominence, it is crucial that the Greenway
Trail be highly visible and well placed within the Crossroads area; and
Whereas: The Council resolution referenced above is ignored in the FEIS for
the Crossroads project and similar concerns raised by the Department of State
have been dismissed with the claim that "the Crossroads Arena would not impede
the development of future linkages to the waterfront"; and
Whereas Despite that claim, the design of the Arena leaves little room for
a trail passing through the area and makes no provisions for a plaza as
envisioned by the Council ; and
Whereas: In addition, the FEIS includes a detailed traffic analysis which
makes no reference to the Trail and gives little indication how future bicycle
and pedestrian traffic from the Trail will be integrated with other traffic;
Now Therefore Be It Resolved, That:
This Common Council makes its acceptance of the FEIS, as well as any
future approvals of the Crossroads Project, conditional on the identification
of a route for the Greenway Trail through the Crossroads area and the siting of
a plaza to emphasize the coming together of the three spokes of the Greenway
Trail.
ADOPTED.
No. 152
By: Mr. Franczyk
Restoration Of No Restricted Parking On Selkirk Street
Whereas: Parking on Selkirk Street had been switched from unrestricted
to alternate parking to better facilitate the flow of traffic during the time
of repair of the Smith Street Bridge: and,
Whereas: The alternate parking was intended to be temporary, and since the
construction has long been completed, but the parking has not been returned to
its unrestricted designation;
Now Therefore Be It Resolved:
That this common council request that Public Works return Selkirk Street
to unrestricted parking as soon as possible.
ADOPTED.
No. 153
By: Mr. Franczyk
Rescinding Sale Of 954 Sycamore St.
Whereas: The property at 954 Sycamore Street was recently struck
to the City of Buffalo during the City of Buffalo's In Rem auction on October
25, 1993, and
Whereas: Immediately prior to the City's auction, the owners of 954 Sycamore
were Kelly and William Herod, and
Whereas: The building at 954 Sycamore St. has been the sole place of
residence and business for the most recent owners of the property Kelly and
William Herod since 1989, and
Whereas: Kelly and William Herod, had fallen into arrears with their tax
payments for 954 Sycamore St., and
Whereas: As-part of a payment schedule agreed to between the Herods and the
Department of Assessment, the Herods paid $2,300 on July 22, 1993, and
Whereas: On September 4, 1993, Kelly Herod telephoned the Department of
Assessment to inquire about the level of interest that she was to pay on the
remaining arrears which amounted to approximately $900, and
Whereas: Ms. Herod was told by a clerk that the final date for completion of
payment would be October 28, 1993, and
Whereas: Ms. Herod placed a subsequent call to the Department of Assessment
on September 25, 1993 to inquire about the exact amount that she needed to pay,
including interest charges, and
Whereas: Ms. Herod was told that at that time that the City was holding its
In Rem auction at that very moment and that her property had been struck to the
City of Buffalo, and
Whereas: The Herods never had any intention of abandoning their property,
making good faith attempts to settle their account for back taxes with the City
of Buffalo, and
Whereas: The Herods missed the final payment date because they claim that
they were misled by a clerk in the Department of Assessment, and
Whereas: The Herods have made a commitment to stay on a street that is rife
with violent crime, and
Whereas: The Herods, as struggling young business people are an asset to the
City of Buffalo, especially the East Side of the City, therefore,
Now Therefore Be It Resolved: That This Honorable Body request that the sale of
954 Sycamore St. be reversed so that the previous owners and current occupants,
Kelly and William Herod can resume being owner occupants of 954 Sycamore St.
upon payment of any and all back taxes owed to the City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 154
By: Mrs. LoTempio
Inspect and Identify Construction Defects in the Homes and Townhouses
of the Rebecca Park Housing Development
Whereas: In 1985 through 1986, the City of Buffalo authorized construction
of 112 new homes and townhouses establishing a new housing development which is
now Rebecca Park in the City's North District; and
Whereas: The Rebecca Park Housing Development funded through a combination
of Community Development Federal Block Grant monies and the New York State
Affordable Housing Corporation, was designed to provide new affordable housing
to low to moderate income persons; and
Whereas: The Chief building contractor, Bongiovanni Construction Co.,
coordinated, oversaw, and was responsible for the building of the 112 housing
units comprising the development; and
Whereas: During the construction phase and after the completion of the
development, building inspections were never performed to test construction
quality standards and to identify building defects in any of the new homes or
townhouses; and
Whereas: Recently Bongiovanni Construction filed Bankruptcy in Federal Court
and can offer no recourse to correct any structural or workmanship defects on
the homes or townhouses built by their company at Rebecca Park; and
Whereas: Residents of Rebecca Park, facing numerous structural and
workmanship related defects in their homes, remain compromised by the lack of
city initiated inspections of their property throughout the construction phase
and by the fact that now defunct Bongiovanni Construction Co. is unable to
correct building defects; and
Now, Therefore Be It Resolved That:
This Common Council requests the Department of Inspections and Community
Revitalization to perform inspections on all homes and townhouses in the
Rebecca Park housing development and to file a report detailing all structural
and workmanship defects found resulting from these inspections; and
Be It Further Resolved That:
The Department of Community Development identify funding sources to
repair those Rebecca Park properties identified through inspections as having
structural or workmanship related defects attributed to the construction
practices of the now defunct Bongiovanni Construction Co.; and
Be It Further Resolved That:
The Corporation Council explore all legal avenues to recover any costs
and retribution from any building contractor or subcontractor in default of
repairing defective work related to their part in the construction of the
Rebecca Park housing Development; and
Be It Finally Resolved That:
The Department of Inspections and Community Revitalization file a
detailed report of all Rebecca Park housing inspection results with the City
Clerk's office by 2:00 P.M. Thursday, December 23, 1993.
ADOPTED.
No. 155
By: Mr. Perla
Request Clarification on Environmental Impact Statement - Walgreen's
- Delaware/North
Whereas: The Walgreen Co. has plans to demolish the Howard Johnson
Restaurant at Delaware Avenue at North Street and construct a drugstore; and
Whereas: The project has been approved by the Buffalo Preservation Board
based on an environmental impact statement; and
Whereas: Other area preservationists disagree with the approval by the
Preservation Board, since they contend that the negative declaration from the
environmental impact statement merely considered the demolition of the
restaurant and not the construction and operation of the drugstore; and
Whereas: Residents argue that noise, traffic, and other effects of the
operation of the drugstore and the construction of a thirty foot long stone
wall must be studied and contained in the environmental impact statement; and
Whereas: It is unclear whether an environmental impact study was conducted
for both the demolition of the restaurant and the new construction and
operation of the drugstore, or whether it is even necessary to conduct both
studies;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to issue an
opinion to clarify whether an environmental impact statement is required for
both the demolition of the Howard Johnson Restaurant and the construction and
operation of the Walgreen Drugstore on Delaware and North; and
Be It Further Resolved:
That the Corporation Counsel advise this body on whether Walgreens has
satisfied all requirements for building a drugstore at this site.
ADOPTED.
No. 156
By: Mr. Pitts
State Environmental Quality Review (SEQR)
Crossroads Arena Sports & Entertainment Complex Statement Of Findings
Whereas, The Common Council is considering taking various actions
in connection with development of Crossroads Arena Sport & Entertainment
Complex; and
Whereas, the Department of Community Development has, as lead agency,
made a Statement of Findings pursuant to the State Environmental Quality Review
Act for such project:
Now, Therefore, Be It Resolved, pursuant to Article 8 (State
Environmental Quality Review Act - SEQR) of the Environmental Conservation Law
and 6 NYCRR Part 617, the City of Buffalo Common Council as an Involved Agency,
makes the following Findings.
Involved Agency Address: Common Council
Room 1308 City Hall
Buffalo, New York 14202
Name of Action: Crossroads Urban Renewal Plan Amendment
SEQR Status: Type I
Location: Within the area bounded by Perry Street on the north, Main Street
on the west, Columbia Street on the east and South Park Avenue on the south.
Buffalo, New York. Erie County.
Agency Jurisdiction: Approval of Transfer of Capital Budget Funds
Based on the evidence presented in the Environmental impact Statement
(EIS), which includes the Draft Environmental Impact Statement (DEIS) and the
Final Environmental Impact Statement (FEIS) and the written and oral comments
to said Environmental impact Statements, the City of Buffalo Common Council
finds that the amendment to the Waterfront Urban Renewal Plan Project, general
obligation bond financing, land acquisition and disposition, and the
development of the Crossroads Arena, with the mitigation measures proposed
herein, will have a positive impact on downtown Buffalo and the Western New
York area.
The undertaking will complement and stimulate waterfront development and
downtown revitalization, promote the public use of the waterfront, generate
temporary construction-related employment and expand long-term employment
opportunities; ensure that the Buffalo Sabres can operate in a financially
viable manner and remain in the City of Buffalo, attract additional sports and
entertainment events to Buffalo and result in increased long-term economic
benefits to the City of Buffalo, Erie County, and New York State.
I. Compliance With Regulations
The Department of Community Development has completed an EIS for the
Crossroads Urban Renewal Plan Amendment in compliance with Article 8 of the New
York State Conservation Law, commonly referred to as the State Environmental
Quality Review Act (SEQR), and the implementing regulations of the New York
State Department of Environmental Conservation (NYSDEC: 6 NYCRR Part 617). The
following is a brief chronology of the process:
DESCRIPTION DATE
Request by Department of Community January 7, 1993
Community Development for "lead
agency" designation.
Designation of City of Buffalo February 7, 1993
Department of Community Development
as "lead agency".
Combined Positive Declaration and February 9, 1993
Notice of Public Scoping Session Filed;
Publication of Notice in Buffalo News.
Public Scoping Session. February 24, 1993
Preparation of DEIS. Feb. 1993 - July 1993
Acceptance of DEIS by Department of July 14, 1993
Community Development.
Combined Notice of Completion DEIS July 14, 1993
and Notice of Public Hearing;
Publication of Notice in Buffalo News.
DEIS Public Hearing. July 29, 1993
DEIS Review by involved agencies and 7/14/93 - 8/13/93
public comment period.
Preparation of FEIS. July 1993 - Nov 1993
FEIS accepted by Department of November 5, 1993
Community Development; Notice of
Completion and Filing of FEIS;
Publication of Notice in Buffalo News.
Ten-day period in which public and 11/6/93 - 11/15/93
involved agencies may consider the FEIS.
Decision and Findings pursuant to SEQR Nov 1993
to be made by lead agency Department of
Community Development within thirty
days except for good cause.
II. Description of the Proposed Action
The Environmental Impact Statement (EIS) evaluates the potential environmental,
economic, and social effects of the Crossroads Urban Renewal Plan Amendment.
The project is proposed to stimulate the revitalization of downtown Buffalo and
Buffalo's waterfront, in accordance with local, state, and federal objectives.
The City of Buffalo proposes to amend its existing Waterfront Redevelopment
Project (No. N.Y.R-35) Urban Renewal Plan (hereafter referred to as the
Waterfront Urban Renewal Plan) to allow for the development of a new, 626,500
square foot, major league sports arena and entertainment complex. The project
site presents a logical extension of the Waterfront Urban Renewal Area, as it
would support waterfront development goals and objectives, constitute the
highest and best use for this blighted area, and result in an appropriate
public development project for a waterfront area. Following adoption of the
Waterfront Urban Renewal Plan-Crossroads Area Amendment, construction and
operation of the proposed arena at the Crossroads site will be consistent with
the City's Waterfront Urban Renewal Plan. Although the EIS focuses on the
development of the proposed action on the preferred site, consideration is also
given to various other alternatives.
The proposed facility will be used as a hockey arena for the Buffalo Sabres, a
National Hockey League (NHL) team, replacing Buffalo Memorial Auditorium. The
facility will also be designed to accommodate professional and college
basketball, indoor lacrosse and soccer, and other sporting events as well as
major concerts, conventions, and exhibitions.
The proposed design and layout within the project area will include a modern,
20,000-seat, multi-purpose arena, commercial retail and restaurant space, and
parking for approximately 2,000 cars (including two, 500-car parking
structures). The design of the arena will be sensitive to surrounding
buildings, scale, and exterior finish materials, and the building will be
oriented and designed to be complementary and compatible with the existing
skyline. The building will be constructed at grade with a height of
approximately 140 feet.
Amendment of the Waterfront Urban Renewal Plan will also ultimately include the
following major components: acquisition of 18 parcels of property; demolition
of 7 structures and a substantial portion of another structure; installation
(or improvement) of public utilities; public improvements, such as
repair/replacement or construction of new roads, curbs, driveways, and
sidewalks; road closings; new outdoor lighting; and landscaping. The lands
will be acquired either by the City of Buffalo or Buffalo Urban Renewal Agency
(BURA) as necessary to construct the arena and provide for surface parking.
Development of the project will involve a public/private expenditure of $115.5
million, including $60.5 million privately financed by the Buffalo Sabres, $10
million from the City of Buffalo, $20 million from Erie County, and $25 million
from the State of New York. No federal funds are involved in the project.
The primary objective of the proposed action is to amend the existing
Waterfront Urban Renewal Plan to include the Crossroads area to facilitate the
site acquisition process and allow for the construction and operation of a new,
state-of-the-art, 20,000-seat, sports arena and entertainment complex with
support facilities. The project will encourage the stabilization, expansion,
and creation of new development in the area, which will improve the quality of
life by strengthening and upgrading the entire Waterfront Urban Renewal Area.
Other objectives are:
-To eliminate blighting influences and environmental deficiencies by
removing substandard and obsolete structures;
-To assemble sufficient land necessary to accommodate a new sports arena
and entertainment complex;
-To contribute to creating an area of diverse but mutually supported land
uses within the Waterfront Urban Renewal Area;
-To create a safe, convenient, and aesthetically pleasing environment;
-To contribute to the creation of new or expanded economic activities
within the Waterfront Urban Renewal Area; and
-To facilitate the construction of new or improved infrastructure
facilities, inclusive of streets, curbs, sidewalks, sewers, water lines, and
utilities.
In addition, the proposed arena is indirectly linked to the downtown
revitalization and waterfront development effort. The proposed arena is viewed
as a key element in the waterfront development strategy, particularly in terms
of drawing the public to the downtown waterfront area, complementing the
envisioned inner and outer harbor developments, and providing commercial and
retail space to support these other developments.
The project will also assist in achieving a number of other private, municipal,
county, and state goals in terms of employment, income, and general economic
development. The development of the arena will:
-Provide a facility that will attract a wider variety and a larger number
of entertainment events, which will increase the potential for tourist or
visitor activities, thus promoting diversification of the local economy and
complementing recent hotel and commercial retail construction in the area as a
whole;
-Create additional short- and long-term employment opportunities, both as
a direct result of the construction and operation of the arena and as an
indirect result of any new associated business generated by the project;
-Augment local income through the payment of wages and salaries for the
construction and operation of the arena and for the operation of businesses
created or expanded as a result of the development;
-Increase state and local sales tax and school tax revenues;
-Preserve Buffalo's major league image and vitality, including facilities
capable of supporting the return of National Basketball Association (NBA)
basketball to Buffalo; and
-Provide a more productive use of those portions of the site which
include vacant or under-utilized structures, un-maintained parcels, or are
utilized as surface parking lots.
III. Significant Beneficial and Adverse Impacts
The EIS evaluated the potential environmental. economic and social effects of
amending the Waterfront Urban Renewal Plan and the development and operation of
the Crossroads Arena facility in downtown Buffalo. In evaluating these
effects, the EIS investigated and reviewed issues of land use, transportation
and parking, air quality, socioeconomic conditions, historic and cultural
resources and aesthetics. The EIS identified the potential beneficial and
adverse impacts and these are recognized by the Common Council.
A. The project will result in the following beneficial impacts:
-Enhancement of the economic. physical and visual environment of the
Buffalo waterfront and stimulation of ongoing waterfront/downtown
revitalization efforts;
-Creation of approximately 1.010 temporary jobs as a direct and indirect
result of construction. and a total of 469 jobs as a result of operation of the
arena (a net increase of 118 jobs over current employment at Memorial
Auditorium);
-Generation of a total economic output of an estimated $124 million
during construction and estimated total of $81.6 million during the first two
years of operation. Economic output is projected to increase from $36.4
million in 1991 to $45.9 million by 1999;
-Generation of annual tax revenue (i.e.. sales tax. income tax. corporate
income tax. etc.) of approximately $11.3 million by 1999;
-Augmentation of local income through the payment of wages and salaries
for the construction and operation of business created or expanded as a result
of the project (i.e.. commercial, retail. restaurant. etc.);
-Ensuring the economic viability of the Buffalo Sabres, and ensuring that
the Buffalo Sabres. Buffalo Bandits. and Buffalo Blizzard remain in the City of
Buffalo;
-Improvement of Buffalo's major league image and vitality;
-Elimination of blighting influences and environmental deficiencies by
removing substandard and obsolete structures;
-Facilitation of the construction of new or improved infrastructure
facilities inclusive of streets, curbs, sidewalks, sewers, water lines, and
utilities;
-Provision of a facility that will attract a wider variety and a larger
number of entertainment events, which will increase the potential for tourist
or visitor activities, promoting diversification of the local economy and
complementing recent waterfront/downtown development in the area; and
-Enhancement of public enjoyment and subsequently increased public
attendance at events held at the proposed arena due to improved amenities such
as premium seating, increased concessions space, increased restaurant space,
improved seating, expanded and updated commercial/retail space, and updated
restroom facilities and handicapped access.
B. Potential adverse impacts associated with the development of the
Crossroads Arena and Entertainment Complex include:
-Potential impacts to any archeological resources that may be located at
the site;
-Demolition of the Oldman Boiler Works Building which meets the criteria
for listing on the National and State Registers of Historic Places;
-Temporary impacts on traffic congestion and parking availability during
the construction phase of the project;
-Long-term changes in traffic patterns within the project area;
-Temporary impacts to air quality due to construction activities (i.e.,
dust, vehicle emissions, etc.);
-Displacement of 8 existing businesses within the project area.
-Will affect the use of the existing War Memorial Auditorium since it
will no longer be useful for Major League Hockey and other entertainment
events.
The need to both provide a suitable sports and entertainment facility and
achieve a first step toward realization of waterfront redevelopment goals in
this area is significant, and that beneficial impacts resulting from the
proposed action will outweigh any potential adverse impacts in the project
area.
IV. Proposed Mitigation Measures
Various techniques have been identified to minimize or avert the identified
adverse impacts that could occur as a result of the adoption of the Waterfront
Urban Renewal Plan Amendment and development of the Crossroads Arena. These
mitigation measures, some or all of which will be implemented by the City
and/or the Sabres, include:
-The use of various standard and specific construction techniques to
minimize temporary and localized impacts during project construction (i.e.,
dust, noise, vehicular movement, etc.);
-The final design of the arena to complement the visual and urban
character of the downtown area and particularly the waterfront and
consideration of the need for creating a design committee to review final plans
for the facility;
-The compliance of the project with all applicable federal, state, and
local regulations and guidelines.
To promote traffic flow, the following specific measures are proposed:
-The possible signalization of the intersection of Perry Street and
Michigan Avenue;
-The possible widening of Scott Street approaching Michigan Avenue to two
lanes with a dedicated left-turn lane;
-New signage to redirect traffic before and after events at the facility;
-The use of traffic control officers before and after arena events to
assist in directing traffic in and around arena parking facilities;
-An adjustment of signalization timing at the intersection of South Park
and Michigan Avenues; and
-Long-term consideration of extending the Elm-Oak arterial and/or
reconfiguration of I-190 interchanges with Elm and Oak Streets based on
cumulative effects of the multiple waterfront projects under consideration or
proposed.
Various strategies are also recommended to minimize impacts to historic and
cultural resources. These include:
A. The execution of a letter of resolution between the State Historic
Preservation Officer (SHPO), the New York State Urban Development Corporation
(UDC) and the City regarding additional studies and mitigation to be conducted
with regard to historic and cultural resources in the area, as specified in
Section 4.2.2 of the Final EIS.
B. Archeological Resources Mitigations
-Pursuant to a research design to be developed in consultation with the
New York State Historic Preservation Officer (SHPO), the City will conduct
initial Phase II subsurface testing at three locations of potential industrial
significance, including one site at Perry and Illinois Streets (Farrar and
Trefts Iron Works), one site at South Park Avenue and Illinois Avenue (south of
Oldman Boiler Works), and a site at Eagle Iron Works (in the block bounded by
Mississippi and Baltimore Streets). The City of Buffalo will consult with the
SHPO regarding the results of this initial testing program to select one of
these three industrial locations to be investigated at a Phase III level. A
Research Design specific to that site will be prepared by the City and reviewed
by SHPO prior to the Phase III investigation.
-Regarding archeological testing at residential locations within the
Crossroads area, the City will conduct a Phase II study at two locations as
identified in E & E's Phase IA study. This testing will be conducted at the
Stanton property and at the Dodge property. A trench will also be excavated
connecting the two testing locations. The results of this Phase II testing
will be reviewed by SHPO and the City to select one residential location for
Phase III testing. The location of the Phase III testing site will be
identified with the understanding that the two Phase II locations are within
the prime construction footprint of the Arena and that time is a critical issue
for completion of the Phase III research. The Phase III research must be
completed within the overall Arena development schedule, which calls for a
maximum of three to four months time frame from acceptance of the FEIS, through
property acquisition, to the commencement of construction. A Phase III
Research Design will also be prepared for this effort consistent with such time
constraints.
C. Historic Buildings Mitigation
-The revised design and layout avoids the acquisition and demolition of
six historic structures, including Phoenix Die Casting. Structures to be
retained include 118-120 South Park Avenue, 110-114 South Park Avenue, 45-47
Illinois Street, 49-53 Illinois Street, 55 Illinois Street, and the southern
portion of 26 Mississippi Street.
-Prior to the demolition of the Oldman Boiler Works Building, the City
will undertake a HABS-level survey of the building in consultation with the
United States Department of the Interior - National Park Service and the SHPO.
-Following demolition of Oldman Boiler Works, the site will be disposed
of to the Crossroads Arena Corporation (CAC). A portion of the site will be
developed into a plaza and will include a designation of the historic
significance of the Oldman Boiler Works structure. These historic markings
(i.e., interpretive plaques, photographs, etc.) will serve to inform and
educate the general public of the history of the Crossroads area and will serve
as a gateway to lead the public into the Arena. Historic markings regarding the
complex of historic buildings located between Illinois and Mississippi Streets
will also be included in the plaza.
-Regarding this complex of six structures, the Department of Community
Development (DCD) will encourage the creation of a local historic district.
The DCD will undertake a study of the area to support the adaptive reuse of the
structures within this Cobblestone Historic Preservation District. This study
will include data gathering, photo documentation, background research,
conceptual design, boundary determination, and a preliminary redevelopment
proposal. This district will be designed to include the Crossroads Arena plaza
located across Illinois Street near the location of the Oldman Boiler Works.
Design of the plaza will take into consideration the historic significance of
the Oldman Boiler Works, the historic context of the adjacent district, and the
design of the Crossroads Arena.
Specifically, the goals of creating the historic district are:
-To ensure preservation of a group of structures that represent Buffalo's
historic waterfront/industrial heritage;
-To encourage rehabilitation and facade restoration;
-To preserve and repair cobblestone streets to recreate the historic
context of the area;
-To allow existing businesses to remain. However, as these businesses
close or leave the area, an established historic district would encourage
adaptive reuse of the structures. Adaptive reuses that provide a positive
cumulative effect on the Arena and Inner Harbor will be preferred (i.e., shops,
restaurants, etc.).
In addition, any minor adverse effects that cannot be avoided will be offset by
the long-term benefits that the project will have in terms of ensuring the
viability of the Buffalo Sabres, stimulating downtown revitalization and
waterfront redevelopment, creation of additional employment opportunities and
income, and complementing ongoing waterfront planning projects (i.e., Inner
Harbor, etc.).
V. Alternatives Considered
In this EIS, the various project alternatives that were identified in previous
studies are further evaluated from environmental, social, and economic
perspectives. These included alternatives to the proposed action (amendment of
the Waterfront Urban Renewal Plan) and alternatives to the proposed development
option (construction/operation of an arena at the Crossroads site).
There is only one alternative to amending the Waterfront Urban Renewal Plan as
proposed. This alternative involves not amending the current boundary of the
area to include the Crossroads site. Without amending the current Waterfront
Urban Renewal Plan to include the project area, the City would not fulfill the
urban renewal goals to correct and prevent conditions that contribute to the
spread of deterioration and blight since the project area was determined to
meet the criteria for a slum or blighted area. In addition, the no action
alternative would not encourage new development in a blighted area or
contribute to the overall upgrading of the Buffalo waterfront.
In addition, there are six principal alternatives to the preferred development
option relating to construction of the arena.
Alternative Project Sites
In addition to the preferred Crossroads site, other locations within the
downtown area were identified and evaluated based on informal siting criteria
and locational considerations, such as:
Accessibility by means of existing roadway and public transit (light
rail rapid transit [LRRT]) to the maximum extent practical;
-Availability of nearby parking and adequate space for the development of
new parking facilities;
-Potential to maximize spin-off economic effects and stimulate
redevelopment activities, particularly in the waterfront/downtown area;
-Potential to enhance community/downtown image;
-Availability of vacant or undeveloped land that might be acquired with
minimal delay;
-Favorable site acquisition, demolition, and development costs;
-A site area totaling a minimum of 15 acres (in order to accommodate the
arena, parking structures, and surface parking);
-High visibility from major roadways; and
-A site that will result in minimal adverse impacts to the environment,
urban character, and to the general public.
The Washington-Market site was considered the primary alternative arena
location; however, other sites that met some of the locational criteria were
also considered.
Alternative Project Concepts
Various alternative concepts for the sports arena and entertainment complex
basically addressed project scope alternatives, particularly the relationship
of the project to Memorial Auditorium. Specifically, this EIS addressed:
-Renovation of Memorial Auditorium to provide the quality and quantity of
modern revenue-producing amenities that would be necessary to ensure the
financial viability of the Sabres, and to remediate the physical constraints
and deficiencies of Memorial Auditorium (i.e., lack of luxury suites and
premium seating; lack of sufficient seating capacity, commercial/retail spaces,
concessions areas, and restaurant/bar space; parking facilities; -outdated
scoreboard; and insufficient advertising space);
-Demolition of Memorial Auditorium and construction of the new arena on
site. This evaluation focused on constraints due to inadequate site size, lack
of developable lands adjacent to Memorial Auditorium, and need for the Sabres
to locate elsewhere during approximately three-year period needed for
demolition and new construction.
Alternative Land Uses at the Crossroads Site
This alternative would involve development of the Crossroads site in such a
manner as to realize the same beneficial impacts to downtown waterfront
development and revitalization, the Buffalo Sabres, and the City of Buffalo,
Erie County, and State of New York. This option is not considered viable from
a practical standpoint.
No other development at the proposed site would provide the services and
facilities needed by the Buffalo Sabres and constitute an appropriate and
effective use for an urban waterfront area that will attract the public to the
general vicinity and thus provide a mechanism for increasing public use and
enjoyment of Buffalo's waterfront resources.
Without the development of the proposed Crossroads Arena, the land use of the
project area would likely retain its current mix of commercial, industrial, and
vacant structures, many of which are in advanced state of disrepair.
No Action Alternative
This alternative would involve not amending the Waterfront Urban Renewal Plan
and not constructing a new sports arena and entertainment complex. Under this
alternative, the Buffalo Sabres would continue to lose money and would
eventually either leave Buffalo or cease to exist as an NHL franchise.
VI. Conclusion
Having considered the Draft and Final Environmental Impact Statements, and
having considered the preceding written facts and conclusions relied upon to
meet the requirements of 6 NYCRR 617.9, the Common Council finds that:
1. The Department of Community Development has complied with Article 8 of
the New York State Conservation Law and the implementing regulations of the New
York State Department of Environmental Conservation, 6 NYCRR Part 617, and
2. Consistent with the social, economic, cultural, aesthetics, and other
essential considerations from among the reasonable alternatives thereto, the
Crossroads Arena Urban Renewal Plan Amendment is the project alternative which
will minimize or avoid adverse environmental effects to the maximum extent
practicable, including the effects disclosed in the environmental impact
statement, and
3. Consistent with the social, economic, cultural, aesthetic, and the other
essential considerations described above, the incorporation in the development
of this facility of the mitigation measures described in the EIS and Section IV
above, will minimize or avoid the adverse environmental impacts associated with
the development of the Main-Swan Street Parking Ramp which were identified in
the DEIS and FEIS and also in Section 111.13. above.
Name of Agency___________________________________
Signature of Responsible Officer: ______________________
Title of Responsible Officer:___________________________
Date:____________________________________________
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
No. 157
By: Mr. Pitts
Amendment to the Waterfront
Redevelopment Project No. NYR-35
Urban Renewal Plan - Crossroads
Redevelopment Area Amendment
Moved that the communication be received and filed; and that
Whereas, on October 22, 1963, the Common Council approved the Waterfront
Redevelopment Project Urban Renewal Plan as a way to plan and control
development on the waterfront for a period of 50 years; and
Whereas, based on recent proposals regarding a large-scale, economic
development project, which includes the construction of a new sports and
entertainment complex, it has been determined that it would be beneficial to
the City of Buffalo to expand the existing boundaries of the Waterfront Urban
Renewal Area to accommodate this development; and
Whereas, the project area is located within a 22+ acre area bounded by
Perry, Washington, and Scott Streets on the north; Main Street on the west,
Columbia Street on the east, and South Park Avenue on the south; and
Whereas, on January 19, 1993, the Common Council approved the Urban
Renewal Plan Site Designation for the Crossroads area; and
Whereas, the Site Designation approval, which is the first step in the
urban renewal planning process as required under Subdivision 3 of Section 502
of Article 15 of the General Municipal Law, gave the Department of Community
Development the authority to determine if this project area met the "slums and
blight" criteria of the federal government; and
Whereas, the studies have shown the condition of the buildings and
infrastructure to be blighted to the degree that the targeting of major public
and private investment is needed to have any significant impact on improving
the area; and
Whereas, the Department of Community Development hired the firm of
Ecology and Environment, Inc. to prepare the Crossroads area amendment to the
Waterfront Urban Renewal Area. The plan will allow for the acquisition and
assembly of vacant and/or under-utilized properties to serve as an appropriate
site for a new sports and entertainment complex; and
Whereas, the City Planning Board gave its unqualified approval to the
plan amendment at a special meeting/public hearing held on July 19, 1993; and
Whereas, the Common Council has the power to amend or extend this Plan
only after a public hearing is held; and
Whereas, a public hearing was held by the Common Council; and
Whereas, the Final Environmental Impact Statement (FEIS) has been
prepared and filed with the Common Council; and
Whereas, attached to the FEIS is a revised proposal for the Urban Renewal
Plan Amendment; and
Whereas, the revisions to the first draft of the plan amendment provide
for a new site plan that shows a reduction in the number of properties needed
to be acquired, which will impact on the preservation of the historic integrity
of the area.
Now, Therefore, Be It Resolved By the Common Council of the City of
Buffalo:
1. That the proposed revised amendment to the Waterfront Urban Renewal Plan,
attached to and made part of the FEIS filed with the Common Council, is hereby
approved.
2. That the Urban Renewal Plan Amendment, herein made part of these
proceedings, has been duly reviewed and conforms to the comprehensive plan for
the development of the community and the municipality as a whole and is hereby
approved.
3. That the Mayor is hereby authorized to execute any and all documents
necessary to acquire and convey lands in the project area.
PASSED.
AYES- 12 NOES- 0.
No. 158
By: Mr. Pitts
Create Common Council Task Force Erie Basin Marina Lease Negotiation
Whereas: In May 1993 the Commissioner of Public Works requested
an increase in boat slip rental rates at the Erie Basin Marina ranging from 30
to 94 percent; and
Whereas: The proposal stated that this increase would generate an additional
$22,500 in revenues to the City; and
Whereas: The Slip Renters Association and the Common Council were in
opposition to such an enormous increase in the rental rates, in part because it
was seen as inequitable; and
Whereas: While the Slip Renters Association feels that it is not
unreasonable to ask the slip renters to help defray the costs of the
improvements at the Marina, their concerns are related to how this might be
done and whether the City will truly become the recipient of the added revenue;
and
Whereas: In light of the fact that this contract runs until January 1994,
this would be a ideal time to negotiate a new lease.
Now, Therefore, Be It Resolved:
That the President of the Common Council establish a Task Force comprised
of representatives from the Department of Public Works, The Aud Club, Erie
Basin Marina Slip owners, The Comptroller and elected officials to work on
lease negotiations.
ADOPTED.
No. 159
By: Mr. Pitts
Amendment Of Tax Exemption Plan For Redevelopment Of 211 Eagle
Street (Ellicott Mall Redevelopment Project)
Whereas, the Ellicott Mall Redevelopment Project and the development
of 211 Eagle Street, now owned by 211 Eagle Limited Partnership is of vital
public interest to the City of Buffalo, and
Whereas, the first such phase of redevelopment will include State
financing for the redevelopment of 211 Eagle Street (owned by 211 Eagle Limited
Partnership) for low-income households, and
Whereas, such redevelopment will qualify for and is in need of real
property tax exemption as permitted by Article 5, 11 and/or XVIII-A of the
Private Housing Finance Law;
Now, Therefore, Be It Resolved, that the tax exemption plan previously
approved by the Common Council for 211 Eagle Limited Partnership and 211 Eagle
Street be and hereby is revised as follows:
Specifically, and as permitted by an ordinance previously approved by the
Common Council and Private Housing Finance Law Articles 5, 11 and/or XVIII-A,
the real property, project and 211 Eagle Limited Partnership would be granted a
complete exemption from local and municipal taxes including school taxes. There
would be a payment in lieu of City and County taxes in the aggregate base
annual amount of $6,300.00. Such exemption would be subject to the following
conditions:
a. That 211 Eagle Street (Tower #5) be redeveloped by 211 Eagle Limited
Partnership in accord with the provisions of Private Housing Finance Law
Articles 5, 11 and/or XVIII-A and such redevelopment be completed by 12/31/94.
b. That the project be undertaken by a company formed under Article 5 of the
Private Housing Finance Law or by a limited partnership of which at least one
general partner is a corporation formed under Article 11 of the Private Housing
Finance Law.
c. That 211 Eagle Limited Partnership use 211 Eagle Street, upon completion
for low-income housing in accord with Private Housing Finance Law Articles 5,
11 and/or XVIII-A for the term of the tax exemption and be maintained in
compliance with applicable City Building Codes.
d. That said exemption shall operate and continue for the period of the
property's use in accord with said Private Housing Finance Law Articles 5, 11
and/or XVIII-A, but in no event for a period of more than forty (40) years.
e. That said base annual amount be adjusted by the Commissioner of
Inspections and Community Revitalization after seventeen (17) years and then
again every five (5) years thereafter proportionate to increase in rents and
expenses of the property, provided, however, in no event shall the taxes be
adjusted below the base annual amount.
f. That 211 Eagle Limited Partnership as the owner of the property shall and
its assigns provide to the Commissioner of Assessment and to the Commissioner
of Inspections and Community Revitalization an annual certification of the
property's continued use in accord with Private Housing Finance Law Articles 5,
11 and/or XVIII-A and a copy of such annual audit and report as may be required
by the State of New York pursuant to any such applicable Articles
PASSED.
AYES- 12 NOES- 0.
No. 160
By: Mr. Pitts
Ordinance Amendment - Section 11 - Chapter 281
Low Income Housing
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 11, subparagraph E of Chapter 281 of the Code of the City of
Buffalo be amended to read as follows:
E. Benefits and limitations. Projects eligible for exemptions under this
section shall be exempt from all or any portion of the taxes imposed by -the
city,] a municipality, including those imposed by a school district, other than
assessment for local improvements for a period not to exceed twenty (20) years
in the aggregate after the taxable status date immediately following the
completion thereof, calculated not to exceed the following exemptions: twelve
(12) years of full exemption followed by two (2) years of exemption from eighty
percent (80%) of such taxation, followed by two (2) years of exemption of sixty
percent (60%) of such taxation, followed by two (2) years of exemption of forty
percent (40%) of such taxation, followed by two (2) years of exemption of
twenty percent (20%) of such taxation, provided that the tax exemption
authorized by this section shall be in addition to any other tax exemption or
abatement authorized by law.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 161
By: Mr. Pitts
The Future of the Buffalo Philharmonic Orchestra
Whereas: For more than 50 years the Buffalo Philharmonic Orchestra
has been an internationally acclaimed orchestra and a tremendous asset for the
City of Buffalo; and
Whereas: In recent months the BPO has encountered some serious financial
problems, which have resulted in a variety of cost-cutting measures; and
Whereas: The City of Buffalo, especially this Common Council, has provided
much financial support over the years to ensure that the BPO will remain an
essential cultural, social and economic force in this community; and
Whereas: BPO is the major tenant of Kleinhan's Music Hall, a city-owned
facility that is regarded as one of the most acoustically perfect concert halls
in the nation; and
Whereas: A great deal of money has also been invested in Kleinhan's so that
this architectural landmark will remain a vital and vibrant part of this city
for many years to come; and
Whereas: Distressing rumors have been circulating in the community that the
BPO is seriously exploring the possibility of abandoning Kleinhan's and the
City of Buffalo for Amherst; and
Whereas: These rumors are creating an air of uncertainty about the BPO's
future in Buffalo that is particularly harmful at this critical juncture, and
there needs to be a clarification about the future of the Buffalo Philharmonic
Orchestra;
Now, Therefore Be It Resolved:
That this Common Council requests that the Board of Directors of the
Buffalo Philharmonic orchestra inform this Honorable Body in writing of its
long-term plans regarding its use of the Kleinhan's Music Hall.
ADOPTED.
No. 162
By: Mr. Pitts
Discharge The Special CATV Committee
Whereas: Item No. 82, C.C.P., November 3, 1993 BCAM-Payment Schedule
for Public Access Funds is presently before the Special Committee on CATV 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 Committee from further
consideration of Item No. 82, C.C.P., November 3, 1993, and said item is now
before the Council.
Carried.
Mr. Pitts now moved:
That the attached communication from Sharon L. Mooney, Executive Director
of Buffalo Cable Access Media (BCAM) dated October 27, 1993, be received and
filed; and
That the payment schedule to BCAM for the remainder of fiscal year
1993-94 (November 12, 1993-June 30, 1994) is changed as outlined in the above
communication, that this change is limited to the remainder of fiscal year
1993-94 (November 12, 1993-June 30, 1994) and represents an extraordinary
effort to accommodate the funding needs of BCAM using left over funds, and this
change does not constitute an explicit, or implicit, approval of any funding
levels above what is contained in the contract between the City and TCI dated
December 27, 1983 and/or the contract between the City and BCAM dated October
10, 1991.
That beginning January, 1994, BCAM will file with the City Clerk's Office
on the 15th of each month thereafter monthly expense report detailing spending
activity for programming and supplemental monies for each previous month.
PASSED.
AYES- 12 NOES- 0.
No. 163
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 The Rev. John P. Kee and New Life Community Choir
By Councilmember Arthur
ADOPTED.
No. 164
By: Mr. Zuchlewski
RESOLVED: That Council Member Carl A. Perla, Jr. be excused from the Common
Council meeting to be held on November 16, 1993 as Mr. Perla will be out of
town on that date.
ADOPTED.
No. 165
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Susan D. Lee
Ameena B. Azeem
Total : 2
ADOPTED.
UNFINISHED BUSINESS
No. 166
Bond Resolution - $10,000,000 - Crossroads Site Development
(Item No. 210, C.C.P., Sept 21, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Pitts
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Coppola.
PASSED.
ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PITTS,
ZUCHLEWSKI- 10.
NOES- AMOS, BELL- 2.
No. 167
Bond Res. - $100,000 - Reconstruction 1170 Broadway
(Item No. 152, C.C.P., Nov. 3, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Higgins
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 168
Bond Res. - $150,000 - Lang/Weber Field
(Item No. 153, C.C.P., Nov. 3, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Higgins
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 169
Bond Res. - $332,000 - Street Sweepers
(Item No. 154, C.C.P., Nov. 3, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Higgins
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 170
Bond Res. - $540,000 - Fire Engines
(Item No. 155, C.C.P., Nov. 3, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Higgins.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 171
Bond Res. - $600,000 - Dual Purpose Packers
(Item No. 156, C.C.P., Nov. 3, 1993)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Higgins.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr. Bakos.
PASSED.
AYES- 12 NOES- 0.
No. 172
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, Nov 23, 1993 9:30 AM
Finance Tuesday, Nov 23, 1993
Immediately Following Civil Service
Legislation Tuesday, Nov 23, 1993 2:00 PM
Economic Dev. Wednesday, Nov 24, 1993, 10:00 AM
Ancillary Committees
Finance Committee Wed, Nov 17, 1993, 1:00 PM/1417
Education Committee Thur Nov 18, 1993 10:00 AM/1417
CATV Committee Thursday, Nov 18, 1993 7:00 PM
No. 173
Adjournment
On a motion by Mr. Fahey, Seconded by Mrs. Lotempio, the Council
adjourned at 3:43 P.M.
Charles L. Michaux, III
City Clerk
Meeting Reported By Leonard G. Sciolino, Council And Committee Reporter.
Board of Police and Fire
Pension Proceedings
Mayor's Office-201 City Hall
October 28, 1993-11:00 a.m.
Present: George K. Arthur, Council President; James D. Griffin,
Mayor; R. Michael McNamara-Deputy Comptroller-3.
Absent: None
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of October 1993 amounting to $31,760.50, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of October 1993 amounting to $35,509.53, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-3. Noes-0.
No. 3
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.