HomeMy WebLinkAbout95-0307
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 7, 1995
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
James W. Pitts
COUNCILMEMBERS-AT-LARGE
Clifford Bell
James W. Pitts
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
David A. Collins Masten
Carl A. PerIa Jr. Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: Rosemarie LoTempio, Chairman, George K. Arthur, Alfred
T. Coppola, Kevin J. Helfer, James W. Pitts, Members
CLAIMS COMMITTEE
: David A. Franczyk, Chairman, David J. Czajka, Kevin J.
Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members
ECONOMIC DEVELOPMENT COMMITTEE:
Carl A. Perla, Jr. Chairman, Clifford Bell,
David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members.
FINANCE COMMITTEE:
David A. Collins, Chairman, Clifford Bell, David A.
Franczyk, Kevin J. Helfer, Barbara Miller-Williams, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members
RULES COMMITTEE:
George K. Arthur, Chairman, Kevin J. Helfer, James W. Pitts,
Members
URBAN RENEWAL:
Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka,
David A. Franczyk, Kevin J. Helfer, Members
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV:
James W. Pitts, Chairman, George K.
Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski.
SPECIAL COMMITTEE ON EDUCATION:
Dale Zuchlewski, Chairman, David J. Czajka,
Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr.
SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE:
George K. Arthur, Chairman, Alfred T.
Coppola, Kevin J. Helfer, Rosemarie LoTempio, James W. Pitts.
ERIE BASIN MARNA LEASE COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer,
Bonnie K. Lockwood, Carl A. Perla, Jr.
POLICE REORGANIZATION COMMITTEE:
David J. Czajka Chairman; George K. Arthur,
Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, Clifford
Bell, Kevin J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation
Counsel/Designee, Commissioner of Public Works/Designee, Commissioner of
Community Development/Designee, Commissioner of Administration and
Finance/Designee, President of Development Downtown.
PARKS CONSERVANCY TASK FORCE:
David A. Franczyk, Chairman, Kevin J. Helfer,
Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark
Mistretta, Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J.
Barnes, Wes Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny
Sheppard, Friends of Olmsted designee, Commissioner of Parks/Designee,
Commissioner of Public Works/Designee, Commissioner of Community
Development/Designee.
GREENWAY TASK FORCE:
Bonnie Kane-Lockwood, Chairman, James August, Frederick
Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta,
Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole,
Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P.
Comerford, Tammy Barnes, Terry Wherry
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, March 7, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Perla, Pitts, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Perla, the minutes of the stated
meeting held on February 21, 1995 and the Special Session held on February 23,
1995, were approved.
FROM THE MAYOR
No. 1
Veto- Landmark Designation 15 Eastwood Place
Item No. 142, C.C.P., 2/21/95
In regard to Item No. 142, C.C.P., February 21, 1995, I hereby
exercise my authority to veto the action taken by the Common Council to grant
landmark status to 15 Eastwood Place. I defer to the judgement of the Buffalo
Preservation Board (Item No. 7, C.C.P., December 27, 1994), which in its report
declined to recommend landmark designation for this structure.
For this reason, I must return this item without my approval.
Mr. Pitts moved to override the Mayor's veto on Landmark Designation of
15 Eastwood Place.
REPASSED.
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, LOTEMPIO, PITTS, WILLIAMS,
ZUCHLEWSKI- 9.
NOES- COPPOLA, HELFER, LOCKWOOD, PERLA- 4.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
No. 2
Appointment of Director of the Western Regional
Off-Track Betting Corporation
Pursuant to Chapter 346 of the Laws of the State of New York of
1973 and Resolution #177 of C.C.P. of July 10, 1973, I hereby appoint, subject
to confirmation by Your Honorable Body, Sebastian Carnevale, residing at 79
Marine Drive-Apt.5G, Buffalo, New York 14202, as Director of the Western
Regional Off-Track Betting Corporation representing the City of Buffalo. Mr.
Carnevale will succeed the present director, Mr. Lewis J. Sinatra, who has
resigned.
Mr. Carnevale is a graduate of Canisius College. He is a retired New
York State Public Accountant, and has had his own private accounting firm. He
has been a life long member of the Knights of Columbus.
I hereby certify that Sebastian Carnevale is fully qualified for
appointment to the Western Regional Off-Track Betting Corporation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY PLANNING BOARD
No. 3
The Wellington Pub (R. Hazelet), Request Erect Sidewalk Cafe-1541 Hertel
Item No. 102, C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, February
28, 1995, received and filed the matter captioned above, since your Honorable
Body has already approved it at your meeting of February 21, 1995 (No. 140).
RECEIVED AND FILED.
No. 4
Bob & Johns (R. Hazelet) - Request Erect Sidewalk Cafe 1543 Hertel
Item No. 103, C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, February
28, 1995. voted to receive and file the matter captioned above. Since your
Honorable Body has already approved it at your meeting of February 21, 1995
(Item No. 141).
RECEIVED AND FILED.
No. 5
Rite-Aid Request To Use 350 Niagara -Drugstore
Item No. 84, C.C.P., February 21, 1995
The City Planning Board at its regular meeting held Tuesday, February
28, 1995, considered the above request pursuant to Section 511-68 of the
Buffalo Code, Niagara Coastal Special Review District.
The applicant seeks to develop the northwest corner of Virginia and
Niagara Streets with a 10,969 square foot retail drugstore. The proposed
drugstore will have a 79-car parking lot which will be screened on the Virginia
and Niagara Street elevation with a decorative wrought iron fence and with a
landscaped margin. The applicant also proposes to erect a 7 foot by 10 foot
illuminated accessory pole sign 20 feet in overall height.
The site is located in a "CM" zone which permits such uses and is not
contiguous to the Niagara River. Under SEQR the proposed development is
considered a type II action which may be studied through uncoordinated review.
The City Planning Board voted to approve the proposed development. the
accessory pole sign and the wrought iron fence and landscaping as presented.
RECEIVED AND FILED.
No. 6
Conrail - Request Erect A Billboard- 1035 Perry Street
Item No. 88, C.C.P. February 21, 1995
The City Planning Board at its regular meeting held Tuesday, February
28. 1995, considered the above request pursuant to Section 387-19 of the
Buffalo Code, Review of Non Accessory Signs.
The applicant seeks to erect a double faced non accessory sign with a
sign face area of 672 square feet (14 feet by 48 feet) and an overall height of
65 feet. The sign will be located on Perry Street approximately 550 feet west
of Peabody Street.
The site is located in an M2 zone which permits such signs and under SBQR
it is considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed billboard sign pursuant
to Section 511-104,C,ll of the Buffalo Code.
RECEIVED AND FILED.
No. 7
Conrail - Request Erect A Billboard 97 Selkirk Avenue
Item No. 86, C.C.P., February 21, 1995
The City Planning Board at its regular meeting held Tuesday, February
28. 1995. considered the above request pursuant to Section 387-19 of the
Buffalo Code. Review of Billboard Signs.
The applicant seeks to erect a double faced billboard sign with a sign
face area of 672 square feet (14 feet by 48 feet) and an overall height of 65
feet.
The sign will be erected in an M2 zone which permits billboards. It will
be located 400+ feet east of the Selkirk Street address and 150+ feet north of
Perry Street. Under SEQR the proposed sign is considered a type II- action
which may be studied via uncoordinated review.
The Planning Board voted to approve the proposed billboard on the
condition that its placement will be consonant with the provisions of Section
511-104.C.11 of the Buffalo Code.
RECEIVED AND FILED.
No. 8
Connecticut Street Urban Renewal Plan
Amendment
The City Planning Board at its regular meeting held Tuesday, February
28, 1995, considered an amendment and conducted a public hearing for the
Connecticut Street Urban Renewal Plan, pursuant to Section 505 of the General
Municipal Law.
The amendment involves changes in the plan which allow a land use plan
consistent with the business and economic conditions of the surrounding
neighborhood.
The City Planning Board conducted a public bearing for the proposed
amendment. Opponents and proponents were invited to speak.
After deliberation, the Board voted its unqualified approval for the
amendment.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 9
EAF- 9274 Group Inc. - petition To Rezone 191 Leroy
and 2141 Fillmore Avenues from R2 to C2
Item No. 92, C.C.P., January 24, 1995
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Division of Planning, dated February 28,
1995, be received and filed; and
That "9274 Group Inc. - Petition to rezone 191 Leroy and 2141 Fillmore
Avenue from R2 to C2" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval authority over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment Form (EAF) on this
item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part 11); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part 11 and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 10
EAF-Rite-Aid -Request To Develop
350 Niagara Street As Drugstore
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Division of Planning, dated February 28,
1995, be received and filed; and
That "9274 Group Inc. - Request to develop 350 Niagara Street as a retail
drugstore" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval authority over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment Form (EAF) on this item which
has been completed by the applicant (Part I) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
NYSDEC - Delisting Property Clinton/Bailey
and Katherine St.
Item Nos. 94 and 95, C.C.P. 2/7/95
Your Honorable Body has referred two items from the New York State
Department of Environmental Conservation to the Environmental Management
Commission regarding the delisting of sites at Clinton/Bailey and Katherine
Street from the New York State Registry of Inactive Hazardous Waste Sites.
The Environmental Management Commission regretfully notes that delisting
does not amount to a clean bill of health for the actual site, or for the
possibility of impact on humans and the environment. Each site must be
examined on an individual basis, and the Commission is pleased that in at least
one of these instances, the DEC is following up.
The Commission notes with approval that both the Administration and the
Common Council have recently gone strongly on record as supporting further New
York State attention to hazardous substances at sites which do not meet the
technical requirements of waste sites. These sites, part of the negative
brownfields problem, imperil our City's environmental, economic, and social
well-being. They should receive more attention under State law, and State
agencies such as DEC should be adequatply supported to deal with them.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 12
Certificate of Necessity
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,800 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the cuffent fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 15, 1995
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Transfer of Funds
Division of Budget and Management
Capital Projects Fund - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroner,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sums of $6,100 be transferred and reappropriated from the Division of
Budget and Management Planning for Capital Projects 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 wfll not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY February 15, 1995
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Transfer Of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $ 11,132 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the cuffent fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 15, 1995
RECEIVED AND FILED.
No. 15
Certificate Of Necessity
Transfer of Funds
Division of Development
Division of Parks
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $5,000 be transferred and reappropriated from the Division of
Development, as set forth below:
Dated: Buffalo, NY, February 21, 1995
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Department of Street Sanitation - Collection of Refuse & Street Cleaning
Department of Street Sanitation - Vermin & Animal Control
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $15,000 be transferred and reappropriated from the Department
of Street Sanitation - Collection of Refuse & Street Cleaning, as set forth
below:
Dated: Buffalo, NY, February 15, 1995
RECEIVED AND FILED.
No. 17
Certificate Of Necessity
Transfer of Funds
Department of Human Resources - Substance Abuse Services
Department of Human Resources - Exempt Items
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $5,810 be transferred and reappropriated from the Division of
Substance Abuse Services, as set forth below:
Dated: Buffalo, NY, March 1, 1995
RECEIVED AND FILED.
No. 18
Certificate of Neessity
Transfer of Funds
Common Council
We, Anthony M. Masiello, Mayor and Joel A.Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $17,300 be transferred and reappropriated from the Common
Council, as set forth below:
Dated: Buffalo, NY, March 2, 1995
RECEIVED AND FILED.
No. 19
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have eight requests for money to finance projects and we
will not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from the General
Fund to the City's Capital Projects Fund in the amount of $500,000 for
Reconstruction of the Michigan Avenue Lift Bridge, $50,000 for the
Reconstruction of South Buffalo Community Center, $85,000 for Improvements to
JFK Community Center, $500,000 for Reconstruction of Shea's Roof and Facade,
$140,000 for the Traffic Signal Installation to the Zoo's Parkside Avenue
Entrance, $200,000 for Handicapped Access, 1994-95, $70,000 for Improvement to
University District Park and Playgrounds and $100,000 for Rehabilitation of
1170 BroadAav into Information Center. The loans will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-401-024 BAN/Bond Sale $500,000
100 Gen 200 Cap Proj 200-402-042 BAN/Bond $ 50,000
100 Gen 200 Cap Proj 200-402-034 BAN/Bond Sale$ 85,000
100 Gen 200 Cap Proj 200-402-052 BAN/BondSale $500,000
100 Gen 200 Cap Proj 200-401-026 BAN/Bond Sale $140,000
100 Gen 200 Cap Proj 200-401-025 BAN/Bond Sale $200,000
100 Gen 200 Cap Proj 200-717-014 BAN/BondSale $ 70,000
100 Gen 200 Cap Proj 200-717-070 BAN/Bond Sale $100,000
Mr. Pitts moved:
That the communication from the Comptroller, dated March 7, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make interfund
cash loans as described in the above communication. The loans will be repaid
when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0
No. 20
Audit of Pilot Field
Item #3, C.C.P. 2/7/95
In response to Item #3, C.C.P. 2/7/95, please be advised that
our auditors are presently in the nrocess of performing their duties as it
relates to Pilot Field. I have asked the auditors, as it is also normal
course, to pay special attention to the concerns you have raised.
One of the issues that you asked us to look into was the marketing plans
for Pilot Field. It is my understanding that +.he marketing responsibilities
for this facility lay with the Stadium & Auditorium Board. Therefore, I
request that you solicit from them the marketing plans.
As soon as the audit has been completed, we will file it with Your
Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF STADIUM AND AUDITORIUM.
No. 21
Audit- Department of Police
Criminal Process Fund
We conducted an audit at the Department's request of the Police
Department's Criminal Process Fund for the period July 1, 1988 through June 30,
1994 for compliance with City Ordinance, Chapter 16, Article 111, 16-18. We
found records to be missing for two thirds of our audit period. Of the records
that were available for us to examine, they show money from the fund was spent
inappropriately.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL
No. 22
Abandonment and Sale 138 Spruce, W 1401 3 Genesee
Lot Size: 40' x 130' With 30' x 10' in Rear
Assessed Valuation: Land: $ 4,100
Total: $17,100
The Office of the Comptroller, Division of Real Estate has received
a request from Mr- Jeff Ingersoll of Ingersoll Painting & Construction, Inc.,
13257 Bullis Road, Alden, New York 14004 to purchase 138 Spruce, fomwr Engine
House #4, in order to relocate his business and residence in the City of
Buffalo.
Mr. Ingersoll has indicated that he would rwwve the addition and restore
the exterior of the building to its original condition. He in also willing to
totally renovate the interior of the structure to serve his needs for both
storage and office space on the main floor and a residence upstairs.
Mr. Ingersoll would initiate the exterior restoration immediately upon
possession and follow with the interior renovation in a timely manner. He has
received strong support from the Preservation Coalition of Erie County to
restore 138 Spruce Street. He also has provided this office with proof of
financial ability to complete the purchase and renovation of this property.
Your Honorable Body may vote and authorize the sale of 138 Spruce Street
in accordance with Article 27, Section 513 & 514 of the City Charter. The
purchaser will have to petition Supreme Court for the appointment of two
appraisers to establish the value of the City's interest in the property. The
cost of such an action is to be paid for by the purchaser.
The final abandonment of any City property must be approved by the Common
Council after the report of appraisers has been filed with the Court and the
Common Council.
Therefore, I am recommending that Your Honorable Body approve the
abandonment and sale of 138 Spruce Street to Mr. Jeff Ingersoll of Ingersoll
Painting & Construction in accordance with Article 27 of the City Charter. The
recommendation is conditioned upon the final approval of the purchase by the
Common Council and that the final abandonment will not take place until the
transfer of title.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 1, 1995, be
received and filed; and
That the abandonment and sale of 138 Spruce Street to Mr. Jeff Ingersoll
of Ingersoll Painting and Construction in accordance with Article 27 of the
City Charter, be and hereby is approved; and
That the recommendation is conditioned upon the final approval of the
purchase by the Common Council and the final abandonment will not take place
until the transfer of title. and also on the condition that if renovations are
not commenced within six (6) months the property reverts to the City.
PASSED.
AYES- 13 NOES- 0
No. 23
Permission to Negotiate
402 Kenmore, 1047.56' W Englewood
Vacant Lot Size: 150' x Irreg.
Assessed Valuation: $10,400
28 Seattle, 1178.55 W. Englewood
Vacant Lot Size: 88' x Irreg.
Assessed Valuation: $5,700
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Jil Marie McCarthy of Ripen With Us Child Care, Inc., 786
Kenmore Avenue, Buffalo, New York 14216, to purchase the above captioned
City-owned properties in order to build a new day care center. They are a
licensed day care operator and have provided this office with proof of their
financial ability to complete the purchase of the property and cost of
construction.
The Department of Community Development and Department of Inspection &
and Community Revitalization were contacted and they have no objection to this
sale. The Dept. of Publi Works has no objection to the sale of these
properties, providing that a strip of land 3.7 feet is reserved for street
purposes and is excluded from the sale. There are no taxes, demolition liens
or other outstanding debts owing to the City of Buffalo by the purchaser.
This office, therefore, in requesting that we be permitted to negotiate a
private as with Ripen With Us Child Care, Inc., 786 Kenmore Avenue, Buffalo,
New York 14216, for the above mentioned properties. The results of
negotiations will be reported to Your Honorabl Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, February 23, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with Ms. Jil
Marie McCarthy of Ripen With Us Child Care, Inc., 768 Kenmore Avenue, Buffalo
14216, for the private sale of 402 Kenmore Avenue and 28 Seattle and report to
the Common Council the results of such negotiations.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS- 12
NOES- ZUCHLEWSKI- 1
No. 24
Result of Negotiations
120 Fox Street, 162' S Sycamore
Vacumt Lot: 30' x 132'
Assessed Valuation:
Land: $ 1,600
Total: $17,900
The Office of the Comptroller, Division of Real Estate, has received
a request from Minister Reginald E. Kerr residing at 167 Roosevelt Avenue,
Buffalo, New York 14215, to purchase the above captioned property. The
property consists of a one and a half story two family home acquired by the
City in 1993 through in rem tax foreclosure. The property is in poor condition
and requires substantial rehabilitation. Mr. Kerr intends to purchase this
property, rehabilitate it and use for income purposes. Mr. Kerr has purchased
two adjoining properties and has rehabilitated them.
An independent appraisal of the property was conducted by Robert E.
Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215. He has
estimated the fair market value of the property to be Six Thousand Dollars
($6,000). The Division of Real Estate has investigated the sales of similar
properties in the area. Property sales range from Thirty-Five Hundred Dollars
($3,500) to Nineteen Thousand Three Hundred Dollars ($19,300).
The results of our negotiations are that Minister Reginald Z. Ferr has
offered Forty-Five Hundred Dollars ($4,500) for the property. He has provided
this office with costs estimates to substantially rehabilitate the property and
proof of his financial ability to complete the purchase and renovation of this
property. He has agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Although the offer in Fifteen Hundred Dollars ($1,500) less than the
appraised value, I am recommending Your Honorable Body approve the offer of Mr.
Reginald E. Kerr for the following reasons: the property has been in our
inventory since 1993, and there have been no other offers or interest in the
property; private funds will be used to rehabilitate; and the property will be
returned to the tax rolls.
I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 1, 1995, be
received and filed; and
That the offer of Minister Reginald E. Keff, 167 Roosevelt Avenue, in the
sum of $1,500.00 (One Thousand Five Hundred Dollars) to purchase the property
described as 120 Fox Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0
No. 25
Result of Negotiations
422 High, N 32' W Carl
Vacant Lot: 32' x 118'
Assessed Valuation: $1,600
436 High, N 29.50 E Earl
Vacant Lot: 37' x 155'
Assessed Valuation: $1,500
442 High, N 87' E Earl
Vacant Lot: 27' x 155'
Assessed Valuation: $1,500
The Office of the Coimptroller, Division of Real Estate, has received
a request from the Refuge Temple of Christ, 943 Jefferson Avenue, Buffalo, New
York 14204, to purchase the above captioned vacant lots. They intend to
purchase these properties and use for expansion of the church parking lot and
possible development of a future residential housing program to be sponsored by
the temple.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New
York 14209. He has estimated the value of the properties an follows: 422 High
Street - Eleven Hundred Dollars ($1,100); 436 High Street - Twelve Hundred and
Fifty Dollars ($1,250); and 442 High Street - Twelve Hundred and Fifty Dollars
($1,250). The total estimate for the three properties by the appraiser is
Thirty-Six Hundred Dollars ($3,600). This represents approximately Thirty
Cents (.30) a square foot for the subject properties. The Division of Real
Estate has investigated the sales of similar properties in the area, sale
prices range from Twenty Cents (.20) a square foot to Forty Cents (.40) a
square foot.
The results of our negotiations are that Bishop Robert L. Sanders,
Pastor, Refuge Temple of Christ;has offered Twenty-Five Hundred Dollars
($2,5OO) for the three parcels. This represents approximately Twenty Cents
(.20) a square foot. He has also agreed to pay for the cost of the appraisal,
transfer tax, recording fees and cost of the legal description.
As Your Honorable Body knows the Refuge Temple of Christ has made major
inprovemnts and investments in the Jefferson/High Street area. The acquisition
of these parcels shown the Refuge Temple's continued interest in and commitment
to improving the Jefferson/High Street area.
Therefore, I am recommending that Your Honorable Body approve the offer
of the Refuge Temple of Christ in the amount of Twenty Five Hundred Dollars
($2,500). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 1, 1995, be
received and filed; and
That the offer of Refuge Temple of Christ, 943 Jefferson Avenue, in the
sum of $2,500.00 (Two Thousand Five Hundred Dollars) to purchase the properties
described as 422, 436 and 442 High Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS- 12
NOES- ZUCHLEWSKI- 1
No. 26
Response to - A. Brown
Request Leasing 1269 Genesee Street
Item No. 72 C.C.P. 2/21/95
The above referenced item was referred to the Committee on Finance
and the Comptroller for a response.
The item in a request from Anthony M. Brown, Back to Basics Program, to
lease 1269 Genesee Street from the City of Buffalo for one Dollar ($1.00) per
year.
The property located at 1269 Genesee Street was acquired by the City of
Buffalo through in-rem tax foreclosure in 1993. The property consists of a one
story brick building in good condition, situated on a lot 251 x 1661. The
property in vacant and is available for sale or lease.
I have instructed the Director of Real Estate, John Hannon, to contact
Mr. Brown and advise him on the procedures to lease this property. After lease
negotiations are completed with Mr. Brown we will file our lease negotiations
with Your Honorable Body for approval.
REEERRED TO THE COMMITTEE ON FINANCE.
No. 27
Response - Request to Purchase
74 Eastwood - Ana Robinson
Item No. 82, C.C.P. 2/21/95
The above referenced item was referred to the Conmittee on Finance
and to the Comptroller's Office for a response.
This item is a request from Anna G. Robinson to purchase 74 Eastwood, a
vacant parcel of land behind her home having a frontage on Eastwood of 301 and
a depth of 871. She intends to use the property for additional yard space.
The Department of Inspections and Community Revitalization has requested
the Division of Real Estate to withhold this property from sale for new
housing, even though the lot is only 301 x 871. Also, the lot in adjacent to
72 Eastwood a vacant lot and 70 Eastwood is a single family home, both owned by
Canisius College.
Should Your Honorable Body approve the request of Us. Ann& G. Robinson,
we will continue our negotiations to purchase the property with her and file
our results of negotiations with Your Honorable Body for final approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Renewal Option Lease Agreement Between the
City of Buffalo and County of Erie,
Roberto Clemente Health Center
Item #17, C.C.P. 6/5/90
Your Honorable Body authorized the leasing of portion of 104 Maryland
Street by the County of Erie, Roberto Clemnte Health Center. This lease
agreement was for a five year period commencing June 1, 1990 to May 31, 1995,
at an annual rental of $1.00. The lessee has the option to renew said lease
agreement upon the same texus and conditions, upon written notice to the City
at least six months prior to the expiration of the texm. The lease& has fully
atinfied this requirwmnt and has complied with all other provisions and terms
of the lease.
This office recommends Your Honorable Body approve the County of Erie,
Roberto Clemente Health Center to renew said lease for another five year term,
commencing on June 1, 1995 to May 31, 2000, at an annual rental of $1.00. I am
further recomending that Your Honorable Body authorize the Corporation Counsel
to prepare the necessary lease renewal and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Renewal Option
Lease Agreement Between the City of Buffalo and Community Action Organization
of
Erie County, Inc.
Item #117, C.C.P. 3/27/90
Your Honorable Body authorized the leasing of 735 Humboldt Parkway
(former School 93) by Community Action Organization. This lease agreement was
for a five year period commencing January 1, 1990 to December 31, 1999, at an
annual rental of $1.00. The lease may be renewed for another five year term, at
the option of the City, at the same annual rental. CAO has requested renewal
of this lease agreement under the same terms and conditions. The lessee has
fully satisfied all requirements and have complied with all other provisions
and terms of the lease.
This office recommends Your Honorable Body approve Community Action
Organization to renew said lease for another five year term, commencing on
January 1, 1995 to January 1, 2000, at an annual rental of $1.00. I am further
recommending that Your Honorable Body authorize the Corporation Counsel to
prepare the necessary lease renewal and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ASSESSMENT
No. 30
Conveyance of Title 1237 Genesee Street
Item No. 153, C.C.P. 02/07/95
The above item was referred to this office for a report.
The property assessed an 1237 Genesee was foreclosed by the City of
Buffalo October 24, 1994, In Rem 28, Serial No. 483, because of unpaid City tax
liens. On the day of sale, the successful bidder and purchaser Samuel Lapome,
11 Bucyrus Drive, Amherst, New York, signed the Memorandum of Sale deeding the
property to Brady & Burgess Management Corporation. On December 8, 1994 the
balance of the bid price was paid and the request to deed 1237 Genesee was
changed to convey title to Hubbard Industrial Park Inc., P.O. Box 1011,
Buffalo, New York. The City Treasurer/Referee Marilyn J. Smith has withheld
conveyance of title until the principals of Hubbard Industrial Park Inc. (Tax
I.D. 16-1454630), P.O. Box 1011, Buffalo, New York 14240 are identified and it
is determined if the individuals are indebted to the City of Buffalo.
The Assistant Corporation Counsel Ilo M. Noble will review the corporate
records filed at the Erie County Clerk's Office to attain the names of the
officers. A report of our investigation will be filed.
REFERRED TO THE COMMITTEE ON FINANCE
No. 31
Senior Citizen Exemptions
The New York State Legislature has enacted a revision to Real
Property Tax Law 467 as it pertains to the income level for senior citizen
property tax exewtion eligibility. This change became effective January 1,
1995.
I am recommending that the Coninon Council direct the Law Department to
review this recent change to the Real Property Tax Law and to prepare the
necessary Local Law, ordinance or resolution if Your Honorable Body chooses to
enact any changes to the current income limitations.
Based upon this departments interpretation of the new legislation, it
appears Your Honorable Body has a number of different options which are set
forth below. The new law allows, at your option, for an increase in the level
of eligibility from $16,500 to $17,500 in income for a maximum 50% senior
citizen property tax exemption. Further, the new law automatically changes the
increment steps in income eligibility levels for senior citizens in communities
which employ the sliding scale option. The City of Buffalo has enacted and
does employ the sliding scale option. Please note the existing (old) schedule
below showi increment steps of $600 each. The new legislation provides for
$1,000 increments for the 45%, 40% and 35% levels and increments of $900 each
for the remaining levels of eligibility
The following options are respectfully submitted for your consideration:
Option 1. No change in the current $16,500 maximum income eligibility
level.
If the City taken no action whatsoever, New York State Law provides that
Schedule A will automatically become effective for fiscal year 1996-97.
Percent of Exemption Existing Schedule Schedule A
50% $16,500 $16,500
45% $17,100 $17,500
40% $17,700 $18,500
35% $18,300 $19,500
30% $18,900 $20,400
25% $19,500 $21,300
20% $20,100 $22,200
15% $20,700 $23,100
10% $21,300 $24,000
Option II. Change the eligible income level to a maximiim $17,500.
If the City chooses this option, Schedule B will become effective for fiscal
year 1996-97.
Percent of Exemption Existing Schedule Schedule B
50% $16,500 $17,500
45% $17,100 $18,500
40% $17,700 $19,500
35% $18,300 $20,500
30% $18,900 $21,400
25% $19,500 $22,300
20% $20,100 $23,200
15% $20,700 $24,100
10% $21,300 $25,000
Option III. Eliminate the 15% and 10% levels of the sliding scale
option.
The minimum exemption would then be 20% with income levels set accordingly.
Percent Existing Schedule Percent Schedule A Schedule B
50% $16,500 50% 16,500 17,500
45% $17,100 45% 17,500 18,500
40% $17,700 40% 18,500 19,500
35% $18,300 35% 19,500 20,500
30% $18,900 30% 20,400 21,400
25% $19,500 25% 21,300 22,300
20% $20,100 20% 22,200 23,200
15% $20,700
10% $ 21,300
Option IV. Reduce the current $16,500 minimum income level.
New York State Law provides that the income level may be set anywhere between
$3,000 and $17,500. If Your Honorable Body chooses this option, the sliding
scale would be adjusted in the increments an set forth.
50% (dollar amount set by Common Council)
45% $1,000 increment
40% $1,000 increment
35% $1,000 increment
30% $900 increment
25% $900 increment
20% $900 increment
15% $900 increment
10% $900 increment
Option V. Rescind the sliding scale option.
If the City chooses this option, the exempion would be 50% for those who
qualify, thereby eliminating any sliding scale. The minimum income level for
this exemption may be set anywhere from $3,000 to $17,500.
It in respectfully requested that the decision of the Cononon Council be made
known to this department as early as possible. This will allow sufficient time
to make the public aware of the changes in the income level of eligibility.
Also, it will allow this department the necessary time to adequately prepare
and process the approximately 5,000 renewal applications which must be
processed in the near future together with the anticipated new applications
from those citizens who will become eligible for the first time.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 32
Liquor License
Item No. 85, C.C.P. 02/07/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessment and occupancy tax.
1) The property assessed as 130 Genesee and assessed to Dennis R. Ballanea,
231 Shetland Drive, Willia=vllle, New York shows the following liens
outstanding:
1994-95 City Tax $2,973.69
1994-95 Sewer Rent 119.22
The owner of 130 Genesee Street, Dennis R. Bellanea,
also owns 128 Genesee and outstanding City tax and sewer rent:
1994-95 City Tax $1,197.45
1994-95 Sewer Rent 48.01
We do not show ownership of property in the City of Buffalo under the
corporate name 130 Genesee Street, Inc., The Turf Bar nor Thomas M. Cleary,
President.
2) 150 Theater Place assessed an 622 Main in assessed to Erie County
Industrial Development Agency, c/o Theatre Place Assoc., 701 Seneca Street,
Buffalo, New York. The City tax, newer rent, and occupancy tax are paid. The
applicant, Club Marcella of Buffalo Ltd., does not own property in the City of
Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 33
Notification Serial #8472
Repeal of No Parking on Hertel Alley (so-called), north side from 70'west of
Crestwood Avenue to Colvin Avenue
NO PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffbao, 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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side Anytime
from 70'west of
Crestwood Avenue
to Colvin Avenue
This action is necessary so that a uniform "No Parking Anytime" restriction can
be installed throughout the length of the Alley.
Notification Serial #8473
Repeal of No Parking
on Hertel Alley (so-called), north side
from Traymore Avenue to a point 190' east of Commonwealth Avenue
NO PARKING -REPEAL
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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side Anytime
from Traymore Avenue to a point 190'
east of Commonwealth Avenue
This action is necessary so that a uniform "No Parking Anytime"
restriction can be installed throughout the length of the alley.
Notification Serial #8474
Install No Parking on Hertel Alley (so-called),
north side between Traymore Avenue and Colvin Avenue
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffilo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, a 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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHBITED PRTN OF HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side At all times
between Traymore Avenue
and Colvin Avenue
Notification Serial #8475
Repeal of No Parking
on Franklin Street, east side
between West Mohawk Street
and a point 140' north therefrom
NO PARKING - REPEAL
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, arnending, 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 23 Section 15 of Chapter 479 of Ordinances of the
City of Bttffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Franklin Street, east side Anytime
between W. Mohawk Street and
and a point 140' north therefrom
This action is being taken in order to install on-street metered parking.
Notification Serial #8476
Repeal of No Standing on Franklin Street,
east side between W. Huron Street
and a point 400' south therefrom
NO STANDING -REPEAL
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, arnending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIBITED PRTN OF HWY PROHIBITED PRD - DAILY
Franklin Street, east side Anytime
between W. Huron Street and
and a point 400' south therefrom
This action is being taken in order to install on-street metered parking.
Notification Serial #8477
Installation of Permissive Parking
on Franklin Street, east side
between W. Mohawk Street and W. Huron Street
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of BuffWo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, a 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 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by addin thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD PERMISSIVE
PKG - DAILY
Franklin Street, cast side 2 hour parking
between W. Huron Street and 7:00 a.m. to 7:00 p.m.
and W. Huron Street except Sunday
This action is being taken in order to provide for on-street metered parking in
this area.
Notification Serial #8478
Parking Meters - Install
PARKING METERS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby not Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of (be Ordinan stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item busin That that
part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by ad thereto the following: PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
Franklin Street, east side from W. Mohawk Street
to W. Huron Street
Notification Serial #8479
Repeal of No Parking, Load and Unload Only
on Main Street, west side between
Cathedral Park and Swan Street
NO PARKING - REPEAL
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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffbdo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
Main Street, west side Load and Unload Only
between Cathedral Park 15 minutes
and Swan Street
Notification Serial #8480
Repeal of No Parking,
Load and Unload Only on Main Street,
west side between South Division Street
and Swan Street
NO PARKING - REPEAL
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 23 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Main Street, west side Load and Unload Only
between South Division Street 15 minutes
and Swan Street
Notification Serial #8481
Install No Parking
on Main Street, west side between
Cathedral Park and Swan Street
NO PARKING - INSTALL
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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Main Street, west side At all times
between Cathedral Park
and Swan Street
Notification Serial #8482
Install No Parking
on Main Street, east side between
South Division Street and Swan Street
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffhlo, 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 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Main Street, east side At all times
between South Division Street
and Swan Street
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 34
Notification Serial #8484
Repeal of One Way Street Direction
Ferguson Avenue from
Herkimer Street to Grant Street
ONE WAY STREET DIRECTION - REPEAL
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 Section 22 of Chapter 479 of Ordinances of the City of
BufWo be supplemented by repealing therefrom the following: ONE WAY STREET
DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Ferguson Avenue eastbound
from Herkimer Street
to Grant Street
This street's one-way travel direction is being reversed in order to improve
traffic flow in a highly congested area. (See next serial)
Notification Serial #8485
Install One Way Street Direction
Ferguson Avenue from Grant Street to Herkimer Street
ONE WAY STREET DIRECTION - INSTALL
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 Section 22 of Chapter 479 of Ordinances of the City of
B"o be supplemented by adding thereto the following: ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Ferguson Avenue westbound
from Grant Street
to Herkimer Street
This street's one-way travel direction is being reversed in order to
improve traffic flow in a highly congested area. (See previous serial)
Notification Serial #8486
Repeal of Stop Signs on
Ferguson Avenue at Grant Street
STOP SIGNS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of BuffWo, the City Engineer hereby notifie Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinance stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item busines That that
part of Subdivision 9 Section II of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by repealing therefrom the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Ferguson Avenue Grant Street
This action is being taken in conjunction with the one-way change of traffic
flow direction. (See previous two (2) serials)
Notification Serial #8487
Install Stop Signs on
Ferguson Avenue at Herkimer Street
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of BuffWo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repeating 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 Section II of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Ferguson Avenue Herkimer Street
This action is being taken in conjunction with the one-way change of traffic
flow direction. (See previous three (3) serials)
RECEIVED AND FILED.
No. 35
Chippewa Street
Conversion To Two (2) - Way Traffic
I hereby request permission from Your Honorable Body to prepare
plans and specifications, and advertise for sealed proposals for the following
project:
1) Conversion of Chippewa Street to two (2) - way traffic between
Genesee Street and Whitney/Georgia Streets
Funds for this project will be available in CDBG Account Number 93-53202.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
1, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for sealed proposals for the
Conversion of Chippewa Street to two (2) - way traffic between Genesee Street
and Whitney/Georgia Streets. Funds for this project are available in CDBG
Account Number 93-53202.
PASSED.
AYES- 13 NOES- 0
No. 36
Parking on Woodlawn Avenue
between Michigan and Masten Avenues
(Item No. 199, C.C.P. 10/04/94)
This is in response to Item No. 199 of October 4, 1994. In this
item, Your Honorable Body asked the Department of Public Works, Division of
Engineering, Traffic Section to provide additional on-street parking on
Woodlawn Avenue between Nhchigan and Masten. Please be advised that we have
investigated the situation.
At present, this section of Woodlawn Avenue contains the following
parking restrictions:
1) Alternate Parking Type II
2) No Standing School Days (north side only).
Type 11 Alternate Parking allows overnight and weekend parking on both sides of
the street. The "No Standing School Days" restriction is only applicable on
days when school is in session.
This department has no objection to reducing the existing on-street "No
Standing School Days" zone provided the Streets Department and the Board of
Education have no objections..
Upon written receipt from these departments agreeing to this proposal, my
department will process the necessary parking ordinance amendments.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 24, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
reduce the existing on-street "No Standing School Days" zone on Woodlawn Avenue
between Michigan and Masten Avenues as listed in the above communication.
ADOPTED.
No. 37
C. Griffasi Reopen Main Street to Vehicles
Item No. 75, C.C.P. 2/21/95
I have reviewed Mr. Griffasi's item and he brings up some interesting
points concerning development and traffic. However, the Department of Public
Works at the present time does not have sufficient staff to study this issue.
Also, I know of no funds available to hire an outside consultant for this item.
If Council funds are available via the Block Grant program, I estimate a study
of this size would cost from $100,000 to $200,000.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 38
1510 South Park-
Signs Within Right-of-Way
Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine
Midland Bank, located at 1510 South Park, has requested permission to install
three (3) signs which would encroach into City right-of-way at said address.
The proposed signs would measure two at 5.5' x 6', attached perpendicular to
the building, and one 3' x 10', attached flush to building.
The Department of Public Works has reviewed Mr. D'Orsaneo's 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 installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Bufalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of construction, maintenance, use and removal of said signs.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
1, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent
for Marine Midland Bank, located at 1510 South Park, to install three (3) signs
which would encroach city right-of-way at said address which would measure 5.5'
x 6', attached perpendicular to the building, and one (1) 3' x 10', attached
flush to the building, subject to the conditions as listed in the above
communication.
PASSED.
AYES- 13 NOES- 0
No. 39
738 Seneca Street-Signs Within Right-of-Way
Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine
Midland Bank, located at 738 Seneca Street, has requested permission to install
two (2) signs which would encroach
into City right-of-way at said address. The proposed signs would measure two
at 6' x 7', and be attached perpendicular to the building.
The Department of Public Works has reviewed Mr. D'Orsaneo's 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 installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Bufalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of construction, maintenance, use and removal of said signs.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
2, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent
for Marine Midland Bank, located at 738 Seneca Street, to install two (2) signs
which would encroach city right-of-way at said address which would measure 6 x
7', attached perpendicular to the building, subject to the conditions as listed
in the above communication.
PASSED.
AYES- 13 NOES- 0
No. 40
2234 Seneca Street-Sign Within Right-of-Way
Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent for Marine
Midland Bank, located at 2234 Seneca Street, has requested permission to
install a sign which would encroach into City right-of-way at said address.
The proposed sign would measure 5.5' x 6', and be attached perpendicular to the
building.
The Department of Public Works has reviewed Mr. D'Orsaneo's 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 installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Bufalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of construction, maintenance, use and removal of said sign.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 28, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as agent
for Marine Midland Bank, located at 2234 Seneca Street, to install a sign which
would encroach city right-of-way at said address which would measure 5.5' x 6',
attached perpendicular to the building, sunect to the conditions as listed in
the above communication.
PASSED.
AYES- 13 NOES- 0
No. 41
57 Tonawanda Street-New Facade
Within Right-of-Way
Mr. Michael Plotner, Engineering Maintenance Supervisor for Fedco
Automotive Products, located at 57 Tonawanda Street, has requested permission
to install a new facade which would encroach City right-of-way. The new facade
would be attached to the existing structure and extend a maximum of six (6)
inches into City right-of-way.
The Department of Public Works has reviewed Mr. Plotner's 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 installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the facade be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Bufalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of construction, maintenance, use and removal of said
facade.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 27, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Michael Plotner, Engineering Maintenance
Supervisor for Fedco Automotive Products, located at 57 Tonawanda Street, to
install a new facade attached to the existing structure and extend a maximum of
six (6) inches into city right-of-way at said address, subject to the
conditions as listed in the above communication and Public Works approval of
any planters extending into the right-of-way.
PASSED.
AYES- 13 NOES- 0
No. 42
Permission to Prepare Plans & Specifications
and Advertise For the
Construction of Handicap Ramps 1995
Group #394
Item No. 162, C.C.P. 11/29/94
I hereby request pern-dssion from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Construction
of Handicapped Ramps 1995.
This project is to construct or to convert existing radius sidewalk
curbing for wheelchair access at various intersections in the City.
This project was approved as part of the 1994-1995 Capital Improvements
Budget. Funds should be available in the Division of Engineering Capital
Projects Fund #200-401-025-00-000,
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 23, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for sealed proposals for the
Construction of Handicapped Ramps 1995. Funds for this prqject are available
in the Division of Engineering Capital Projects Fund #200-401-025-00-000 and to
report back to the Common Council.
PASSED.
AYES- 13 NOES- 0
No. 43
Franklin/Linwood - Traffic Signal Improvements
(from Chippewa to West Delavan)
Permission to Retain a Consultant Engineer
Permission for Mayor To Sign All Appropriate Agreements
The traffic signal improvements for the above named project are
to be funded in the five-year capital budget program and are scheduled for
State fiscal year 1998-1999 (letting date 5/99). The project is funded by
Federal ISTEA funds categorized as Congestion Mitigation/Air Quality. The
State of New York has cautioned the City that said funds may not be available
in that State fiscal year because the Western New York Region may have attained
exceptable air quality by that time.
However, the New York State Department of Transportation has advised that
there is a surplus in funds allocated for Federal fiscal year October 1, 1995
to September 30, 1996. Four (4) projects: two (2) - New York State Thruway;
one (1) - City of Niagara Falls; and one (1) - City of Buffalo could be moved
up to utilize these available funds, but only if the governments affected agree
to pay for all of the consultant engineering, which is estimated at 25% of
cost. Therefore, I recommend that the City of Buffalo retain a Consulant
Engineer to prepare said plans and specifications and be available for bid as
close to October 1, 1995 as possible.
Funds for the Consultant Engineer (25%) and the local match (20%) are
available in accounts 200-401-012-00-000, 200-401-009-00-000, and/or
200-401-507-00-000.
Also, I respectfully request Your Honorable Body to authorize Mayor
Anthony M. Masiello to sign all appropriate agreements concerning this project.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 28, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications and be available for bid as close to October
1, 1995 as possible, for Franklin/Linwood - Traffic Signal Improvements (from
Chippewa to West Delavan). Funds for the Consultant Engineer (25 %) and the
local match (20 %) are available in accounts 200-401-012-00-000,
200-401-009-00-000, and/or 200-401-507-00-000; and to report back to the Common
Council the results of this transaction.
PASSED.
AYES- 13 NOES- 0
No. 44
Permission to Engage Consultant
Handicapped Access City Court Building
I respectfully request Your Honorable Body's permission to engage
an Architectural/Engineering consultant to prepare plans and specifications,
advertise and receive sealed proposals for the Reconstruction of City Court to
comply with the Americans with Disability Act of 1990.
Funds for this consulting work are available in Capital Project Fund
200-402-062.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
1, 1995, be received and filed; and
That the Commissioner of Public Work, be, and he hereby is, authorized to
prepare plans and specifications, advertise for sealed proposals for the
Reconstruction of City Court to comply with the Americans with Disability Act
of 1990. Funds for this project are available in the Capital Project Fund
200-402-062.
PASSED.
AYES- 13 NOES- 0
No. 45
Permission to Engage Consultant
West Side Community Center and
Genesee Community Center
I respectfully request Your Honorable Body's permission to engage
an Architectural/Engineering consultant to prepare plans and specifications,
advertise and receive sealed proposals for the Reconstruction of the West Side
Community Center and the Genesee Community Center to comply with the Americans
with Disability Act of 1990.
Funds for this consulting work are available in Capital Project Fund
200-402-062.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
1, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for sealed proposals for the
Reconstruction of the West Side Community Center and Genesee Community Center
to comply with the Americans with Disability Act of 1990. Funds for this
project are available in the Capital Project Fund 200-402-062.
PASSED.
AYES- 13 NOES- 0
No. 46
Repair of Bailey Avenue Bridge
Over the Buffalo River
I hereby submit to Your Honorable Body the following information.
The City Engineer has declared an emergency situation on the Bailey Avenue
Bridge over the Buffalo River. Several red strucural flags were issued on this
bridge to the City of Buffalo during a recent inspection by the New York State
Department of Transportation. Due to the critical nature of these conditions
our engineering consultant has already designed repairs for this bridge.
This is to advise Your Honorable Body that we have received informal
bids for the repair work. The bids are as follows:
Contractor Bid Amount
Gateway Welding Inc. $59,760.00
Contour Erection & Siding Systems, Inc. No Bid Received
Contractors Welding of WNY Inc. No Bid Received
I hereby certify that the lowest responsible bidder for the above work is
Gateway Welding Inc. I.respectfully recommend that Your Honorable Body order
this work, the cost thereof be charged to the Division of Engineering Bond Fund
No. 200-401-023.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 22, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Repair of the Bailey Avenue Bridge over the Buffalo River
to Gateway Welding Inc., the lowest responsible bidder in the amount of
$59,760.00, with said cost to be charged against the Division of Engineering
Bond Fund No. 200-401-023.
PASSED.
AYES- 13 NOES- 0
No. 47
Repair of Ohio Street Lift Bridge
I hereby submit to Your Honorable Body the following information.
The City Engineer has declared an emergency situation on the Ohio street Lift
Bridge due to an accident that occurred on Wednesday, February 8, 1995. On
this date, a vehicle struck and damaged the barrier gate on the north side of
the bridge.and due to the nature of the damage, the gate is no longer
functioning.
This is to advise Your Honorable Body that we have received informal bids
for the repair work. The bids are as follows:
Contractor Bid Amount
Gateway Welding Inc. $5,900.00
Industrial Repair & Machining
Service Inc. $6,400.00
I hereby certify that the lowest responsible bidder for the above work is
Gateway Welding Inc. I respectfully recommend that Your Honorable Body order
this work, the cost thereof be charged to the Division of Engineering Bond Fund
No. 200-401-023.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 21, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Repair of Ohio Street Lift Bridge, to Gateway Welding Inc.
the lowest responsible bidder in the amount of $5,900.00, with said cost to be
charged against the Division of Engineering Bond Fund No. 200-401-023.
PASSED.
AYES- 13 NOES- 0
No. 48
Report of Bids
New Ceilings Northwest Branch Library
271-277 Grant Street
I asked for and received the following Informal Proposals which
were publicly opened and read on February 17, 1995.
Boxhorn Inc. $15,700
LCP Construction 18,450
Miller Enterprises 19,700
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Boxhorn Inc. in the amount of $15,700.00 is the
lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-036- Division of Buildings.
Estimate for this work was $19,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 21, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for New Ceilings at the Northwest Branch Library, 271-277
Grant Street, to Boxhorn Inc., the lowest responsible bidder in the amount of
$15,700.00, with said cost to be charged against the B/F 200-402-036 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0
No. 49
Report of Bids Lighting Tower Conduit Repairs
Delaware Park-Shakespeare Stage
I asked for and received the following Informal Proposals which
were publicly opened and read on December 7, 1994.
Metro Electrical Const. Co. 3,985
Weydman Electric 4,898
In-Com Electrical 6,400
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Metro Electrical Const. Co. in the amount of
$3,985.00 is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-523 - Division of Buildings.
Estimate for this work was $4,500.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 28, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Lighting Tower Conduit repairs on the Delaware
Park-Shakespeare Stage, to Metro Electfical Const. Co., the lowest responsible
bidder in the amount of $3,985.00, with said cost to be charged against the B/F
200-402-523 Division of Buildings.
PASSED.
AYES- 13 NOES- 0
No. 50
Peace Bridge Association Request To
Rename Remaining Blocks
Of Seventh Street As Columbus Parkway
(Item No. 81, C.C.P. 02/21/95)
This is in response to Item No. 81 of February 21, 1995. In this
item the Peace Bridge Columbus Park Association asked Your Honorable Body to
rename Seventh Street, from Porter Avenue to Busti Avenue, as Columbus Parkway.
Currently only the portion of Seventh between Porter and Connecticut has been
renained as Columbus Parkway.
My department has no objection to this name change and supports it
completely. By renaming this entire section of Seventh Street, from its
northern end at Busti to Porter, we would eliminate a "two-portion" Seventh
Street. Given the present situation, when one refers to Seventh Street, one
does not know if it is the portion south of Porter or north of Connecticut.
This only leads to confusion, not only for people unfamiliar with the area, but
for emergency vehicles as well. Renaming the northern section of Seventh to
Columbus Parkway would eliminate this confusion.
Therefore, my department would highly recommend that Your Honorable Body
proceed with this request.
RECEIVED AND FILED.
No. 51
Buffalo City Court Bldg. Rental Payment for Space
Invoice ARCCO014
Please abate Invoice ARCCO014 dated 10/15/91 in the amount of
$3,093-96. This abatement request is due to the fact that the County of Erie
was originally overbilled in fiscal 1990-91 for 0 & M reimbursements for use of
space in the City Court Building. The County of Erie has paid the amended
amount on 6/12/92.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Billiard Parlor 1223 Lovejoy
Pursuant to Chapter 92 of the City of Buffalo Ordinances,, please
be advised that I have examined the attached application for a Billiard Parlor
located at 1223 Lovejoy and find that as to form it is correct. I have caused
an investigation into the premises for which said application for a Billiard
Parlor License is being sought and according to the attached reports from the
Fire Department and Building Inspector, I find it complies with all regulations
and other applicable laws. I have caused an investigation by the Police
Department and their approvals are attached hereto for Lovejoy Family Pool &
Game Room located at 1223 Lovejoy. This request is submitted for your
consideration and whatevec action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 53
Solicitation of Funds
Local 282 Buffalo Professional Firefighters
"Firefighters fill the Boot Campaign"
Attached is an application for Solicitation of Funds permit for
the Local 282 Buffalo Professional Firefighters to solicit funds in the Buffalo
area on March 2, 1995 to benefit the Variety Club Telethon. In accordance with
Chapter 316,, Article VI of the City of Buffalo Ordinances, I hereby refer this
matter to your Honorable Body.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 24, 1995, be received and filed; and
That the Commissioner of Public Works be, and hereby is authorized to
grant an exemption to the Local 282 Buffalo Professional Firefighters to
solicit funds in the City of Buffalo on March 2, 1995 pursuant to Chapter 316,
Article VI of the Code of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 54
Liquor License Applications
Item #67, C.C.P. 2/21/95
In response to Item #67, C.C.P. 2/21/95 applications for Restaurant,
Music, Coin Controlled Amusement Devices were mailed to 667 Letchworth Street
Inc., 667 Grant Street; McCarthy's Clam Digger Inc., 519 South Park has all
current licenses; Bison City Rod and Gun Club Inc. is a private club which has
a current Certificate of Inspection and Music licenses.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 55
Reply to Investigation
Inventory Control System
D.P.W., Buildings, Janitorial Supply
Rooms in City Hall, City Court
Item No. 24, C.C.P. 12/27/94
The Department of Public Works, Division of Buildings, offers
the followin comments regarding the aforementioned Investigation/Audit of Stock
Rooms located in City Hall. and City Court.
Under "Observations-Personnel" this investigation has concluded "that the
current level of the Head Janitor's staff is not adequate for either complete
inventory control or complete cleaning/maintenance of City Hall."
Since this report was submitted on 11/29/94 the situation has changed.
The Division of Buildings began the year with eleven (11) cleaning and six (6)
maintenance personnel. At the time of this investigation we had eight (8)
cleaning and four (4) maintenance personnel. Effective February 22, 1995 the
Head Janitor, who was Provisional, reverted to his permanent position of
Laborer II. The Laborer II who was temporarily in the Head Janitor's position
was laid off. The Division of Buildings, therefore, will have no Head Janitor,
eight (8) cleaning and four (4) maintenance personnel. In addition to this
situation, the Building Superintendent retired, and his title was "designated".
Remedial action that has been or will be taken by remaining Division of
Buildings' staff:
The Acting Building Superintendent who is on loan from the Division of
Engineering has personally taken over the responsibility of monitoring all
stock/janitorial supplies that enter or leave either the City Hall or City
Court stock rooms. Both the Acting Building Superintendent and the former Head
Janitor possess a key to the City Hall stock room and only the Acting Building
Superintendent has a key to the City Court stock room. We have already
suspended providing janitorial supplies to the Parking Violations Bureau at the
Delavan Armory, the Street Sanitation Small Animal Shelter and to various
Senior Citizen/Community Centers. We have begun quantifying all stock
currently in the stock rooms. We are in the process of developing a
distribution log of all supplies released from the aforementioned stock rooms.
We have obtained a computer specifically for Room the Building
Superintendent's office, and trained the employees assigned to this office in
the use of the PAS system. This procedure should greatly speed up the process
of ordering, receiving and tracking janitoria supplies.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 56
Report of Bids - Improvements
To Smith - So. Division Street Playground
As authorized by Your Honorable Body in Item No. 72 of July 21,
1992 plans and specifications were prepared and sealed proposals opened by the
Department of Community Development for improvements to Smith-So. Division
Street Playground. I submit the following report of all bids that were
received and publicly opened on January 27, 1995:
BIDDER BASE ALT. ALT. ALT. ALT. ALT.
ALT
BID NO.1 NO.2 NO.3 NO.4 NO.5
NO.6
Gleason's Nursery, Inc.
$29,964 320 2,796 1,695 1,373 3,891
245
4780 Sheridan Drive
Williamsville, N.Y. 14204
G.B.H. Paving, Inc
$33,542 339 1,480 1,408 970 3,142
130
24 Willow Green Drive
Amherst, N.Y. 14228
American Paving and Excavating Inc.
$35,610 531 2,400 1,450 1,800 2,705 320
5880 Thompson Road
Clarence Center, N.Y. 14032
Birch Grove Landscape Requested that their bid be withdrawn.
& Nursery, Inc.
P.O. Box 117
East Aurora, N.Y. 14052
DESIGNER'S ESTIMATE $25,000
The proceeding is a true and correct abstract of all bids received and
Gleason's Nursery, Inc. is the lowest responsible bidder. Funds for the work
will be available in Parks Capital Project Account No. 200-601-034.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Parks to order the work by Gleason's Nursery, Inc. in the base
bid amount of $29,964 plus add alternates Nos. 1 , and 6 in the amounts of $320
and $245 for a total contract award of $30,529. Alternate No. 1 reconstructs
the existing picnic tables and alternate No. 6 constructs a new path to the
play equipment.
Mr. Pitts moved:
That the communication from the Department of Parks, dated February 21,
1995, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for Improvements to Smith-S. Division Street Playground, to
Gleason's Nursery, Inc., the lowest responsible bidder in the base bid of
$29,964 plus add alternates Nos. 1, and 6 in the amounts of $320 and $245 for a
total contract award of $30,529. Alternate No. I reconstructs the existing
picnic tables and alternate No. 6 constructs a new path to the play equipment,
with said cost to be charged against the Capital Projects Account No.
200-601-034.
PASSED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF POLICE
No. 57
Police Dept. Policy on Strip Searches
(Item No. 46, C.C.P., 2/21/95)
All matters regarding responses to the questions about this policy
and related maters have been referred to the Corporation Counsel as requested.
Placing this incident in context, over 22,000 arrests were processed in
Central Booking last year. We are in litigation on one person.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 58
Cellblock and Central Booking
Facilities at City Court
Item No. 126,CCP 1/24/95
Any cursory inspection of Central Booking at Police Headquarters
reveals it-- to be a completely inadequate and unsuitable facility for dealing
with arrested subjects. I was told about the renovations in the City Court
Building and toured it with-Sheriff Higgins. The floor tiles were cracked and
loose and there was evidence of water damage. Sheriff's personnel readily
explained that when it rained this area became wet. This was further evidenced
by large plastic garbage cans used to collect dripping water.
I Requested an evaluation of the problem (see attached letter from John
Lydon). In subsequent conversation with Inspector John F. Brill, Mr. Lydon
advised that the water seepage problems can only be alleviated and must be
addressed on an annual basis.
I do not know if the sewer repair mentioned in the response from
Commissioner Giambra has eliminated the drain problem. As noted in Mr. Lydon's
letter (May 5, 1994) the drains were sealed. Again, in discussion he advised
that a sewer projection system (cost approximately $150,000) would be necessary
although it did not guaraantee a permanent solution.
The use of this facility to book prisoners appears to be worthwhile from
the standpoint of officer safety, efficient space utilization and access by the
public. Unless and until someone can inspect and evaluate this facility and
advise that the problem has been solved, we will continue to use Police
Headquarters.
REFERRED TO THE COMMI8TTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 59
Explore Gun Intercept Program
Item No. 127 C.C.P. 12/13/94)
In response to the status of the gun intercept program, Lt. T.
Smith has attended the program in Indianapolis. The Mayor will be asked for
approval to implement a similar program on a trial basis in conjunction with
several other changes.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 60
Crossroads Project
Acquisition of "Higgins" and "Conrail" Parcels
Attached is a copy of a letter received from William E. Mathias,
III, of Lippes, Silverstein, Mathias & Wexler, Attorneys, relative to
Crossroads Arena Project - Acquisition of "Higgins" and"Conrail" Parcels.
REFERRED TO THE URBAN RENEWAl AGENCY COMMITTEE.
No. 61
Smoking Signs
Item No. 180, C.C.P., 1/24/95
You have requested information regarding whether the Ordinance
Amendment of Chapter 399- Smoking included a provision for the-posting-of "no
smoking" signs.
Section 399-15 of Chapter 399 is entitled "Posting of Notice." It reads
as follows:
"The employer or occupant managing the City Building or premises wherein
a smokefree environment has been hereby created shall post in conspicuous
places signs that are clearly visible and at least eighteen (I8) inches long
and twelve (I2) inches high, with red lettering on a white background, such
lettering being at least two and one-half (2 1/2) inches high, which shall read
as follows:
SMOKING PROHIBITED
IN ALL AREAS
Under Penalty of a Fine
Pursuant to Chapter 399 Article IV of
The Code of the City of Buffalo,"
The City of Buffalo "B-Well" Weliness Program is going to provide
funding for the production of the signs. Placement of the signs shall be
determined by the Department of Public Works.
If you have any further questions, please do not hesitate to contact this
office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 62
Regulating Cigarette Sales to Minors
Item No. 73, C.C.P., 2/21/95
Opinion No. 95-25
You have requested a response from the Law Department in regards
to the letter sent to the New York State Assembly by Levar J. Brown, a citizen
concerned over cigarette sales to n-dnors. He desires a more restrictive law
to attempt to curb such sales to minors.
The law regulating cigarette sales to minors is Article 13-F of the New
York Public Health Law, Regulation of Tobacco Products; Distribution to Mnors.
Section 1399-cc specifically prohibits the sale of tobacco products to minors.
Any desire to create a more restrictive law is best left in the hands of state
government. An attempt to legislate the subject matter locally is likely to be
preempted by the state legislation.
Section 1399-dd of the Public Health Law was found to preempt local
regulation of cigarette vending machine sales. The Appellate Division, Second
Department found in Vatore v. Commissioner of Consumer Affairs of the City of
New York, 596 NYS 2d 113 (A.D. 2 Dept. 1993), that the State had demonstrated
its intent to preempt the field of regulatation by making vending machines a
matter of state concern. It would follow that the State's regulation of
cigarette sales to minors in Section 1399-cc makes that area a matter of state
concern.
Any legislation proposed by the Common Council to address cigarette sales
to minors would be preempted by state law. Mr. Brown was correct to send his
concerns to the New York State Assembly and should continue to pursue action on
the State level.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 63
Proposed Amendment of the Erie
Basin Marina Lease As Extended
Item No. 58, C.C.P., 12/13/94
Attached for your consideration is the proposed amendment to the
Marina Lease Agreement between the City of Buffalo and the Aud Club, Inc. The
amendment proposes to reduce the rent due to the City from fuel sales made at
the Erie Basin Marina. The current arrangement of $4,000 in base rent and a
15% commission on fuel sales to the City would be altered to $4,000 in base
rent and a 4% commission on fuel sales.
Mr. Pitts moved:
That the communication from the Corporation Counsel, dated March 2, 1995,
be received and filed; and
That the Amendment to the Marina Lease Agreement between the City of
Buffalo and the Aud Club, Inc. be to alter the rent due to $4,000 base rent and
4% commission on fuel sales be confirmed, ratified and approved.
PASSED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 64
CDBG Section 108 Funds
Towne Gardens, Ltd.
Item #123, C.C.P. 10/29/91
Item #284, C.C.P. 7/26/94
On October 29, 1991, this Honorable Body passed a resolution authorizing
a $5,000,000.00 Section 108 loan for the Neighborhood Commercial Land Bank
Program.On July 26, 1994, this Honorable Body passed a resolution authorizing
$1,700,000.00 of the above approval for the renovations of the Towne Gardens
Plaza (hereinafter referred to as "Project").
The renovations include the construction of a 5,200 square feet addition
to the plaza to house the Towne Gardens Health Care Center, the construction of
7,535 square feet of retail space and other site and facade improvements.
The Project now requires additional funding to complete. This funding
will be provided by M & T Bank. This funding is contingent on the
subordination of lien of the Section 108 loan.
If approved, the lien positions will be as follows:
First, HUD $6,743,550.00
Second, M & T Bank 2,800,000.00
Third, Section 108 Loan - 1,700,000.00
The Section 108 loan is currently being paid as agreed and there are no
defaults.
It is therefore respectfully requested that the attached resolution be
approved as an additional and supplemental resolution to Item #123, which was
approved on October 29, 1991 and to Item #284, which was approved on July 26,
1994.
RECEIVED AND FILED.
No. 65
Report of Bids
Polish Community Center Parking Area
As authorized by Your Honorable Body, Item No. 72 C.C.P. 7/21/92,
the Department of Community Development prepared plans and specifications and
accepted sealed proposals fo the Polish Community Center Parking Area. I
submit the following report of all bids that were received and publicly opened
on March 28, 1995:
BIDDER AMOUNT OF BID
Thomann & Loewer Asphalt Paving, Corp. $45,600
340 Harris Hill Road
Williamsville, New York 14221
Integrated Waste Special Services, Inc. $46,750
201 Ganson Street
Buffalo, New York 14203
G.B.H. Paving, Inc. $46,828
24 Willow Green Drive
Amherst, New York 14228
Northeast Diversification, Inc. $48,690
77 West Drullard
Lancaster, New York 14086
Jim Gardner & Sons, Inc. $49,000
221 Kettering Drive
Buffalo, New York 14223
American Paving and Excavating, Inc. $49,800
5880 Thompson Road
Clarence Center, New York 14032
Tom Greenauer Development, Inc. $49,975
2699 Transit Road
Elma, New York 14059
Birch Grove Landscaping & Nursery, Inc. $52,429
P.O. Box 117
East Aurora, New York 14052
Broad Spectrum Concrete Specialists, Inc .$58,000
115 South Avenue
West Seneca, New York 14224
Joseph J. Kelly Blacktop, Inc. $58,500
297 Meyer Road
West Seneca, New York 14224
Dorsch Construction Co., Inc. $62,281
13268 Dorsch Road
Akron, New York 14001
DESIGNER'S ESTIMATE $50,000
The proceeding is a true and correct abstract of all bids received and
Thomann Loewer Asphalt Paving, Corp. is the lowest responsible bidder. Funds
for this project will be available in C.P.A. 200-717-057.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Thomann & Loewer
Ashpalt Paving, Corp. in the amount of $45, 600.
Mr. Pitts moved:
That the communication from the Department of Community Development, be
received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for the Polish Community Center Parking Area, to
Thomann & Loewer Asphalt Paving, Corp., the lowest responsible bidder in the
amount of $45,600, with said cost to be charged against the C.P.A. 200-717-057.
PASSED.
AYES- 13 NOES- 0
No. 66
Permission to Accept Fund Transfer
Polish Community Center Parking Area
I respectfully request that Your Honorable Body accept a fund
transfer from th following Community Development Block Grant Account for the
construction of a new public parking area at the Polish Community Center, 1081
Broadway, as outlined below:
FROM: TO: AMOUNT:
C.D.B.G. 95-10203 C.P.A. 200-717-057 $15,000 maximum
This transfer of $15,000 maximum will supplement funds presently
available in the Division of Development Capital Project Account for this
project.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated March 1, 1995, be received and filed; and
That the Common Council accept a fund transfer in the amount of $15,000
from the Community Development Block Grant Account for the construction of a
new public parking area at the Polish Community Center, 1081 Broadway.
PASSED.
AYES- 13 NOES- 0
No. 67
HUD Special Purpose Grant
War Memorial Field House
The U. S. Department of Housing and Urban Development (HUD) has
awarded the City of Buffalo a Special Purpose Grant totalling $2,000,000. The
Special Purpose Grant funds are to be used f or the purpose of constructing the
War Memorial Field House project.
We request your Honorable Body approve an appropriate resolution
authorizing acceptance of this grant by the City, authorizing the Mayor of the
City of Buffalo to execute a project agreement with HUD, authorizing the Mayor
of the City of Buffalo execute whatever documents may be necessary for receipt
of said grant, and instructing the City Comptroller to establish a Trust and
Agency Account to account for the Special Purpose Grant.
Since HUD funds have been traditionally administered and managed by the
City of Buffalo Urban Renewal Agency (BURA), we request that the approving
resolution also designate BURA as grant recipient and administrative body for
the Special Purpose Grant funds.
RECEIVED AND FILED.
No. 68
Plan Amendment - Connecticut Street Urban
Renewal Plan
The Connecticut Street Urban Renewal Plan, approved July 26, 1983.
C.C.P., Item No. 181, has a 40-year duration.
Due to the changes in the economic conditions which have occurred in the
area and because of changes in retail shopping patterns which have impacted the
Connecticut Street Business District, the Departments of Community Development
and Inspections and Community Revitalization have proposed an amendment to the
Urban Renewal Plan. The proposed amendment consists of acquisition of
additional parcels of land for the construction of senior citizen apartments
with retail components. The acquisition plan also calls for acquiring
additional parcels of land within the project boundary for future infill
housing.
The City Planning Board gave its unqualified approval to the plan
amendment at its February 28, 1995 meeting. A report from the City Planning
Board is a prerequisite to Common Council action.
Upon receiving the Planning Board report, it is respectfully requested
that your Honorable Body conduct a public hearing and act on the plan amendment
by adopting an appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 69
HUD Lead-Based Paint Abatement and Hazard
Control Grant Acceptance of Grant Funds
The Department of Inspections & Community Revitalization has reviewed
the item described below and finds it consistent with its policies and
practices. I, therefore, recommend its passage contingent upon certification of
funds by Financial Control of Agencies and approval by Agency Counsel.
BRIEF DESCRIPTION: This is a request for BURA to accept and administer
the City of Buffalo's HUD Lead-Based Paint Abatement and Hazard Control Grant
in the amount of $3,750,450. The Department of Inspections & Community
Revitalization will administer the operations of the grant funds. The funding
for this program focuses on childhood lead poisoning prevention, community
education and lead-paint abatement in the City of Buffalo's ten highest
lead-risk tracts. It is anticipated that lead-based paint in approximately 200
homes will be abated through the two-year term of this grant. Applicants will
be required to meet HUD Section 8 income guidelines (see attached).
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 23, 1995, be, received and filed; and
That the Buffalo Urban Renewal Agency is to accept and administer the
City of Buffalo's HUD Lead-Based Paint Abatement and Hazard Control Grant in
the amount of $3,750,450. The Department of Inspections and Community
Revitalization will adminster the operations of the grant funds; contingent
upon certification of funds by Financial Control of Agencies and approval by
Agency Counsel.
PASSED.
AYES- 13 NOES- 0
No. 70
Audit Report-Housing and Property Inspections
Item No. 21, C.C.P. 2/7/95
In response to the above stated Common Council communication,
I wish to supply your honorable body with the following information. We in the
Department of Inspections and Community Revitalization, Division of Housing and
Property Inspections, have reviewed the Performance Audit of Certificate of
Occupancy, and Certificate of Registration activities, submitted for your
review by the Department of Audit and Control. After carefully scrutiny of the
audit we find that we are in agreement with the findings. We have already
implemented the recommended changes and have found that they are a good source
of checks and balances. It is my sincere hope that this response satisfies
your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 71
Recover Costs from Housing Court Fines
Item No. 187, C.C.P. 12/27/94
In response to the above stated Common Council communication I
wish to supply your office with the following information. Bringing legal
action against owners of property for demolition work and the removal of trash
and debris is part of the Charter and Ordinance of the City of Buffalo. We in
the Department of Inspections and Community Revitalization have a direct
working relationship with Housing Court, through our Housing court
Representative. This same line of Communication should be established by the
Departments of Street Sanitation and Public works. If illegal dumping is being
done, the act must be witnessed and charges must be brought by a law
enforcement agency. As part of the Court disposition, a fine and restitution
should be made a part of final sentencing. The drafting and implementation of
legislation to make persons responsible for illegal dumping, would show a
united front against these type of activities. The establishment of a direct
line of communication with City Court is essential for a program of this type
to work.
REFERRED TO THE COMMITEE ON FINANCE.
No. 72
Inspections Department Reform
Item No. 151, C.C.P. 1/10/95
In response to the above stated Common Council communication I
would like to supply your Honorable body with the following information. The
Department of Inspections and Community Revitalization Has had several previous
studies performed on it's operation. Several years ago a study was performed
by Doctor Lawrence Ross and his staff, then of the University of Buffalo.
Subsequent to this study The Department was the subject of extensive hearings
which culminated in the evolution of the current Department of Inspections and
Community Revitalization. The Buffalo Financial Planning Commission was the
next organization to study our operation. After their study was completed The
auditing firm of Price Waterhouse dissected our operation. After this Price
Waterhouse study, we were then a participant in a study performed by the
Department of Audit and Control to re-engineer government. Currently the
consulting firm of KPMG Peat Marwick is again study,ing our operation. All of
these studies, of which reports and suggestion received to date have had
similar results and recommendations. Thus far we have attempted to bring the
lap top computers "'on line" to assist the Inspectors in their duties. We have
re-drawn Inspectors Districts to coincide with the census tract. We have
implemented the beginnings of a systematic inspections program in cooperation
the Community Based Organizations. We have attempted to deploy our inspection
staff centered around schools, Public Housing and areas being developed for new
construction. We have implemented and are performing the Demolition process
through and with the cooperation of Housing Court. We have implemented a new
records management system dealing with our files. We have established and are
implementing the Multiple Dwelling inspection program dealing with the
mandatory Certificate of occupancy program. The specification dealing with the
demolition of derelict structures have been enhanced to make these types of
parcels easier to develop.
An attempt is being made to establish a computerized tracking system for
Building, Electric, Plumbing and fuel Abatement Permits. We are currently
attempting to provide New York State certification training to Five members of
our Inspection staff. Upcoming plans including updating our complaint
by
processing system. We are awaiting the disposition of legislation drafted
Councilmember Perla, dealing with a fee charged to owners of property that do
not cooperate with Inspectors. This practice causes excessive call back
inspections to be performed wasting time and manpower. In reference to the so
called failure of the system, regarding 225 Loepere, this was the culmination
of many factors that have affected our operation. In the past, the Inspections
Division has been systematically disemboweled through budget cuts and
attrition. Incentives for early retirement has benefited the City budget, but
has had a detrimental affect on the personnel knowledgeable enough to train
newly hired employees. The success of our gaining compliance with the Housing
and Property Code is directly related to attitude of Housing Court. A strong
Housing Court gives our Department the necessary clout it needs to command the
respect of violators of the codes we enforce. Currently we are attempting to
take advantage of training offered to our personnel that is not a monitory
drain on.our resources. As with any department we may have to invest some
money to gain results. We are asking for additional personnel and additional
equipment in our budget request. Please examine these closely. These are not
luxury items but tools that we need to perform our charge. We feel that it is
no coincidence that the decline of the housing stock of the City of Buffalo is
directly proportionate to the reduction in staff and equipment suffered by our
Department in past years. Housing Inspections it the first and last line of
defense to eliminate deterioration and blight. The last chance the "City " may
have in turning things around. We know that with the proper support from your
Honorable Body, that a real impact could be made. It is my sincere hope that
this communication satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
No. 73
HOME Rental Rehab Funds For 604-608 Niagara Street
I am respectfully requesting your approval for $40,000 of HOME
Rental Rehabilitation funds at 4% for 15 years for the project located at
604-608 Niagara Street.
The owner is: Bryan Smith, 13170 Schang Road, E. Aurora, NY 14052
NOTE: The above referenced owner has complied with the attached form
letter submitted by Thomas E. Hill, Jr., Sr. Loan Administrator from the Div.
of Community Revitalization. All taxes are current and the Notice of
Violations are addressed in the work write up pertaining to the HOME Rental
Rehab program. Additionally, the Senior Loan Review Committee has reviewed the
necessary closing documents and has approved to form.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 23, 1995, be received and filed; and
That the Common Council approves the amount of $40,000 of HOME Rental
Rehabilitation funds at 4% for 15 years for the project located at 604-608
Niagara Street.
PASSED.
AYES- 13 NOES- 0
No. 74
Report of Emergency Demolition Bid-42 Emerson
Due to the very serious and hazardous condition of the fire-damaged
building I.ocated at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for ;.mmediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this 'Location, i.e., in accordance with guidelines
outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on February 19, 1995
and that the contract will be awarded to the lowest responsible bi.dder:
ADDRESS AND OWNER: CONTRACTOR AND DOLLAR
AMOUNT OF BID
42 Emerson Lebi.s Enterpri.ses
Henry James $9,999.,OO
172 Purdy St.
Buffalo, New York 14209
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Speci-al Assessment Ftind
#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. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 22, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises, at a
cost of $9,999.00, relating to 42 Emerson, 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 benefited, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 75
Report of Emergency Demolition Bid
1112 Sycamore Street Garage Only
Item #136,CCP, 9/20/94
Due to non-performance of the demolition contract for the above-stated
property, our department is rejecting the bid of Horizon Construction of WNY,
Inc. in the amount of $1,050.00 that was charged to this department's Capital
Outlay Account #100-241-085-00-900.
Please be advised that our department will award this contract to Peter
DelMonte Demolition in the amount of $2,300.00
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.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 24, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Horizon Construction of
WNY, Inc. in the amount of $1,050.00 is rejected and the contract is awarded to
Peter DelMonte Demolition, at a cost of $2,300.00, relating to 112 Sycamore
Street Garage Only, is hereby confirmed, ratified and approved, with said cost
to be charged against Special Assessment Fund 500-000-002-00000.
PASSED.
AYES- 13 NOES- 0
No. 76
Report of Emergency Demolition Bid
for 1180 West Avenue
Due to t he very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on February 13, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS AND OWNER CONTRACTOR AND DOLLAR
AMOUNT OF BID
1180 West Avenue Eastwood Industries, Inc.
Mary Ann Militello
28 Brown Avenue $6,888.00
Cheektowaga, NY
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
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. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 15, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Eastwood Industries, at a
cost of $6,888.00, relating to 1180 West Avenue, is hereby confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefited, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 77
Report of Emergency Demolition Bid -118 Woltz Avenue
Due to the very serious and hazardous condition of the buildings
located at the above-stated address, 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 this location, i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on February 15, 1995 and that the contract will be awarded to the
following lowest responsible bidder:
ADDRESS AND OWNER: CONTRACTOR AND DOLLAR
AMOUNT OF BID
118 Woltz Cedar Wrecking & Salvage
City of Btiffalo $9,600.00
Please be further advised that the sewer and water cutoff will be
performed by the demolition contractor and this cost is included in the cost of
the project.
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.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 22, 1995, be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Cedar Wrecking & Salvage,
at a cost of $9,600.00, relating to 118 Woltz Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefited, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 78
K. Gioulekas - Request Retake Master Electrician Exam
Item No. 82, C.C.P. 1/24/95
Regarding the inquiry into the master electricians license exam
for the above noted individual, the Examining Board of Electricians simply
qualify prospective dandidates based on their experience in the electrical
trade for test eligibility. once a candidate is certified by the Examining
Board, as Mr. Gioulekas was, the applicant is then required to pass the
examination. Mr. Gioulekas has never been denied by the present, or to the
best of my knowledge, the previous Examining Board, the opportunity for
admittance. However, eligibility certification concludes the Boards' input into
the testing procedure. The Examihing Board then employs a National Testing
Agency to formulat administer, proctor and grade the examination based on the
National Electrical Code. This policy in addition to being fiscally responsibl
eliminates any charges of bias, favoritism or impropriety being lodged against
the Examining Board, rational being that the Board as well as the candidates
are privy only to general content and format. A copy of the exam format has
been attached to this response. The test is divided into three categories,
with each section being weighted based on number of questions vesus time, as
well as whether open or closed book to determine final grade.
Addressing Mr. Gioulekas request, Block and Associat,es the Examining
Boards' testing agency has replied that because the exam is weighted as noted
above, no provisions for sectional retesting can be granted. Furthermore, the
time frame established for the examination is continually validated by the
testing agency to insure fairness to applicants nationwide. Mr. Gioulekas'
passed Part I at the recent exam which allowed approximately 1.2 minutes per
question, but was unsuccessful in Part 2 which allowed approximately 1.7
minutes per question, so the contention of time-restraints is somewhat
confusing.
Mr. Gioulekas has taken the examination on numerous occasions and has
been unsuccessful in obtaining the required passing grade of seventy percent
(70%) as have many other applicants. The rate of successful candidates for the
City of Buffalo master electricians exam is between thirty and thirty three
percent (30-33%) which is comparable to the national average. Also the general
consensus from successful as well as unsuccessful candidates has been
satisfactory, most of which are licensed in other municipalities.
In conclusion, the Examining Board will continue to encourage, support
and assist Mr. Gioulekas and any other candidates endeavors to become licensed
within the confines of the Ordinances but by design, the Boards' latitude in
the actual testing process must remain limited to insure rigid standards are
maintained.
Lastly, attached are background and information material on Block and
Associates which will provide insight as to the Boards selection as our testing
agency and a copy of the client listing utilizing their services.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMlSSIONER OF
ADNINISTRATION AND FINANCE
No. 79
Audit Report - Police URT
No.20, C.C.P. February 7, 1995
The Department of Administration and Finance commends the efforts
of the Comptroller and Captain Hempling in recovering overtime overpayments
discovered by the Comptroller's audit and concurs in the audit's
recommendations. Concerning recommendation one, I have asked Labor Relations
Director Joos to initiate discussions with the PBA to codify the Memorandum of
Understanding into law. The remaining recommendations call for the adoption of
reasonable and prudent management techniques that will better control overtime
expenditures in this division.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 80
Audit Report - Housing and Property Inspection
No.21, C.C.P. February 7, 1995
The Department of Administration and Finance concurs in the audit's
recommendation to adopt improved system controls, especially those relating to
the verification of Co fees. Better controls are required to avoid revenue
losses. Concerning the CDBG reimbursement,, I recommend that ICR management
continue to coordinate with Financial Control of Agencies so that CDBG funding
can be redirected from reimbursable departments that are not claiming
sufficient reimbursement relative to budgeted revenue estimates. This will more
accurately reflect the effort being expended by this division on CDBG eligible
activities.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 81
Erie Co. Legislature, Update County Tax Rolls
No.76, C.C.P. February 21, 1995
In response to the above referenced item please be advised that
the city participated in the Consortium prior to its demise. As you may recall,
there was a cost associated with participation. This cost was approximately
$1.50 per parcel payable by the participating jurisdiction. It is not clear to
this office what benefits would accrue to the city from participation in
this process but we are willing to talk with County representatives and
representatives of other towns and villages to determine whether participation
would be economically feasible for the city of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 82
Sell City Parking Ramps
No.172, C.C.P. February 21, 1995
Attached to this document please find an analysis conducted by
the Budget Office concerning the sale of City Parking Ramps.
Page one of the attachment is a chart showing the assessed values of city
ramps, their associated debt service and Parking Director Gallagher's estimates
of the probable sale prices of these ramps. It should be noted that Mr.
Gallagher's sale price estimates do not vary significantly from estimates
developed earlier by the Buffalo Financial Plan Commission. This chart shows
that the total debt associated with the parking ramps is nearly $57 million
dollars. The current assessed value of the ramps is $52.5 million.
Consequently, there appears to be negative equity in the ramps and not "net
equity of over $26 million dollars" as is stated in the resolution. One source
of the difference is in the assessed valuation employed in Mr. Coppola's
analysis for the Turner Ramp. The assessed valuation of $22.8 million includes
the entire City Court complex; the valuation of the ramp alone is $4.9 million.
Chart one also contains comparisons of different analyses of tax revenues
that could be realized by a sale of the ramps. Council member Coppola's
analysis shows tax revenues of $3.8 million. This figure assumes: (1) a sale
price of $70.4 million (assuming a sale price of $22.8 million for the Turner
Ramp); (2) a Tax Rate of $55 per thousand of assessed valuation (the current
Tax Rate for Non-Homestead properties is $36.86 per thousand of assessed
valuation) and; (3) assumes the sale of all ramps including, ramps with
assigned ownership rights i.e., the Children's Ramp, the Marine Midland Ramp,
the Main Place Ramp and the Hilton Ramp. The tax revenue estimates using
Parking Director Gallagher's sale prices, and the current Non-Homestead Tax
Rate, range between $1.1 and $1.4 million depending on assumptions made
regarding the tax status of the hospital ramps.
Page two of the attachment is a debt service schedule for Parking debt
service, excluding the Hilton Ramp which is not part of the Parking Enterprise
fund. Page three of the attachment uses this debt service schedule to
calculate the cost of retiring the non-callable debt, using the proceeds from
a $41.25 million sale (Mr. Gallagher's estimated sale price) deposited in a
escrow account paying interest at 3 percent. The chart shows that payments
totaling $3.4 million would be required from the General Fund to retire the
debt. In fairness it should be noted that a better interest rate is possible,
but remember this analysis does not include the $2.5 million debt on the Hilton
Ramp.
Page four of the attachment contains a chart comparing the relative
benefit of each of the scenarios (i.e., selling or keeping the ramps). The
chart shows that after 22 years of tax revenue at $1.1 million per year, less
the debt service contribution required from the General Fund, the city would
realize approximately $20.7 million in revenue from selling the ramps. The
keep the ramps analysis uses the current lease with BCAR to estimate revenues
to be realized in the General Fund over the 22 years of debt service
requirements. The revenue sources are the $450,000 annual payment to the city
from parking operations and the provision that the city and Repair Reserve Fund
will divide profits 50/50 once the Repair Reserve Fund reaches $1.4 million
(which it has). This analysis projects revenues over 22 years of $20.3 million
or approximately $435,000 less than from the sale of the ramps. This equates
to approximately $20,000 less per year if we keep the ramps, seemingly a small
price to pay to keep control over parking prices and policy. Please note too
that this $20,000 difference assumes no rate increases and no increased usage
of the ramps.
I hope this analysis proves useful to the Council's deliberations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 83
Sell Pilot Field
No.173, C.C.P. February 21, 1995
In response to the above referenced item, the Department of
Administration
and Finance notes, as does the resolution, that Pilot Field was constructed as
a joint city, state and ECIDA project. Consequently, it seems prudent to
contact the state and the ECIDA to determine what, if any, legal restrictions
there would be to such a sale. As you know, the tripartite agreement specifies
the rights and responsibilities of each of the parties to the agreement. This
document should be referred to the Law department for its review and comment.
Further, it is important to note that other entities contributed to the project
as well, including the Buffalo Development Companies, the Buffalo Bisons, the
Buffalo Urban Renewal Agency and Erie County. Each of these parties may have
interests that would need to be addressed in any sale. I suggest that a legal
opinion outlining the requirements of a sale be provided before proceeding with
an appraisal of the facility, an appraisal that will undoubtedly be expensive.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 84
Results of Discussions Between
Local 282/Administration Concerning
Capping Personal Leave Days, Fire.
Pursuant to Majority Leader Pitts' resolution that the administration
and Local 282 continue discussions to arrive at a compromise concerning capping
Personal Leave days in the Fire Department, Labor Relations Director, Gregory
Joos and Budget Director, James Milroy met with Local 282 President David
Donnelly on February 24. The following is a report of that meeting.
The administration asked whether Local 282 would consider a cap number of
less than 10. Mr. Donnelly's answer was "No."
The administration asked whether there was a willingness on the part of
Local 282 to accept the notion that there would remain some number of
unexpended Personal Leave days as of June 30, 1995. Mr. Donnelly's answer was
"No."
The administration asked whether Local 282 would acquiesce to the
temporary, as needed, closing of one company in the Jefferson/Kingsley Fire
House (a house that contains three companies, Engine 16, Engine 21 and Ladder
6) if the administration were to agree to a cap of 10 Personal Leave days. Mr.
Donnelly's answer was "No."
Mr. Donnelly indicated that the union's latest proposal for capping at 10
with no company closings was the union's last and best offer. Given the
union's unwillingness to compromise, the meeting was adjourned.
The administration wishes to express exasperation at the outcome of this
meeting. The administration has compromised on this issue repeatedly only to
have our efforts at conciliation rejected. However, the administration
realizes the importance of achieving a positive, economically feasible,
resolution of the company closing/Personal Leave issue, not only to help close
the current year gap but to positively impact next year's budget.
Consequently, the administration proposes the following settlement:
Authorize the closing of one company at the Jefferson/Kingsley Fire House
and direct the union to continue to pursue a cap on Personal Leave days.
Specifically, the administration is requesting that the Council authorize the
immediate closing, on an as needed basis, of one company at the
Jefferson/Kingsley Fire House and exert what influence it can on the Local 282
leadership to agree to a cap of 10 on Personal Leave days.
Projections prepared by the Budget Office indicate that, based upon an
effective date of March 1, approximately $300,000 could be saved through the
end of the current fiscal year from the closing of one company.
Additionally--and again based on a March 1 effective date-- approximately
$68,000 in overtime spending could be saved by capping Personal Leave days at
10 on shifts experiencing overtime. The savings from these two initiatives
approach the savings estimated in the Mayor's gap closing plan from the closing
of two companies.
While it is important to realize savings in the current fiscal year in
order to close our projected gap, it is vital to controlling overtime costs in
next year's budget that the authorization to close at least one company be
acted upon immediately and be continued beyond July 1. Fire Commissioner Keane
estimates that between 25 and 40 retirements will occur in the Fire department
before July 1, 1995 with no ability to fill these positions absent a Civil
Service list which Is not expected any time soon. Given this number of
retirements, it will be absolutely necessary to close companies and cap
Personal Leave days in order to keep overtime expenditures in line with current
year expenditures. If a cap of 10 can be negotiated for Personal Leave days,
one company will need to be closed. Absent such a cap, the closing of two
companies will be required. The administration will propose a company closing
plan in its recommended budget once it has had the benefit of seeing what
action, If any, Local 282 takes regarding capping Personal Leave days.
Fire Commissioner Keane has prepared a plan for converting the City's
multi-company fire houses to quint/midi companies. This plan, which will be
presented to the Council In detail during budget deliberations, will produce
significant, long-term savings in the Fire Department eliminating the need for
shortterm solutions to recurring financial crises. Unfortunately, this plan
will take three years to fully implement and six to eight months to initiate
due to the time lag between ordering and receiving the necessary equipment.
Closing companies and capping Personal Leave days are the only solutions
available for addressing the department's overtime problem prior to the
initiation of the company conversion plan.
We request that the Council take action immediately on the company
closing/personal leave cap issue. With all savings estimates based on a March
1 effective date, it is Important to act quickly. We are ready to help in any
way we can.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 85
Certificate of Appointment
Appointment Effective February 27, 1995 in the Department of
Administration
and Finance, Division of Parking Enforcement Carrie Genovese, 42 Hartwell Road,
Buffalo 14216, to the Position of Senior Account Clerk Typist, Permanent, at
the Maximum Starting Salary of $24,282.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 86
Report Indicating How Recommendations Made
By Audit Were Implemented By Our Office.
We have reviewed the recommendations by Senior Auditor Ann M.
Deskiewicz and have implemented the following:
1) .Effective March 1, 1995 the Director, Deputy Director and Assistant
Director BMHA/HUD and Medical Director will sign in on a daily basis.
2). Effective January 25, 1995 our employees were required to document
any called in time off with a written leave time request upon their return to
work.
3). The recommendation regarding a city vehicle being assigned to the
Director, Deputy Director and the Assistant Director BMHA/HUD Prevention
Porgram is beyond the jurisdiction of this department. The Commissioner of
General Services has informed us that there are no available vehicles at this
time.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 87
Certificate of Appointment
Appointment Effective February 27, 1995 in tge Department of Human
Resources, Division of Substance Abuse Services Joyce Quackenbush, 137 Norwalk
Avenue, Buffalo, 14216, to the position of Account Clerk-Typist, Permanent, at
the Intermediate Starting Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 88
Abate Invoices
As recommended by the Budget Office, I am requesting pemiission
to partially abate the following invoices due to the depletion of Human
Resource's grant funding.
INVOICE AMOUNT ABATED
ARX02137 $303.32
ARX02111 $774.08
ARX02151 $347.32
ARX02123 $563.24
ARX02170 $322.64
TOTAL $2,310.60
These invoices were generated prior to notification from Human Resources
that the grant money used to reimburse Inventory and Stores for their copier
has ended. The Budget Office advised Inventory and Stores not to charge Human
Resources for their copier usage unless this funding is made available in the
future.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 89
Certificate of Appointment
Appointment Effective February 27, 1995 in the Department of General
Services, Division of Purchase, Gail Lis, 98 Athol Street (left Apt.), Buffalo,
NY 14220, to the Position of Senior Clerk, Permanent, at the Maximum Starting
Salary of $ 23,919.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 90
Tragedy at Lakeview Apts.
The Buffalo Municipal Housing Authority has received a copy of
the above referenced resolution and provides the following information in
response:
The Authority will conduct a complete and thorough investigation of the
specific incident at Tauriello-Lakeview Homes, and will retain the services of
technical experts as necessary to determine the causes of the carbon monoxide
buildup and to take any and all measures necessary to correct any system and/or
structural deficiencies that led to the buildup. As the Authority has received
notice of impending legal action related to the deaths and injuries that appear
to have resulted from the carbon monoxide emission, we will not be able to file
information with the Common Council without the prior review of our Legal
Counsel and his consent to release the information.
The Authority maintains three additional boiler facilities at Lakeview
that are identical in age, design and construction to the boiler which appears
to have been the source of the carbon monoxide buildup. All of these
facilities are currently shut down, with heat to the development being provided
through four other boiler plants on the site.
The Authority has inspected its heating appliances since the incident at
Lakeview and has not discovered any problems in the daily operation of these
systems that we reasonably believe would cause a similar incident elsewhere.
Our inspections were not limited to boiler plants, and included forced hot air
furnaces as well. The vast majority of public housing units receive heat from
steam and/or hot water systems where boilers and combustion sources are remote
(in separate buildings) from most living units, and from electric baseboard
heat.
The Authority is currently looking into the feasibility of installing
carbon monoxide detectors in BMHA rental units that contain heating appliances
or are located in buildings that contain heating appliances. In buildings that
contain boiler operations, it may be more effective and prudent to install
state-of-the-art detection equipment in the boiler rooms proper and in the
smokestacks or chimneys to which those boilers vent, rather than in the units
themselves. BMHA units are equipped with hard-wired smoke detectors and we
envision being able to install monoxide detection systems in a similar manner
in units that would benefit from the installation of such equipment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 91
Carbon Monoxide Detector Ordinance
The Buffalo Municipal Housing Authority has been asked to comment
on the above-referenced resolution which was introduced as a result of the
apparent carbon monoxide poisoning deaths of two residents of
Tauriello-Lakeview Homes. The incident has heightened public awareness of the
dangers of carbon monoxide and of the availability of carbon monoxide detection
devices for home use.
The BMHA is looking into carbon monoxide detection devices for housing
units, and boiler rooms, and hand-held detectors for our engineering staff. If
reliable equipment is available, we will take measures to install the detectors
in any unit containing a fuel device. Since most public housing units are
heated by hot water systems from centralized boiler operations, or electric
baseboard heating units, we would expect not to be asked to install detectors
in all units.
We are concerned about the reported sensitivity of carbon monoxide
detectors, as discussed in the attached article. As detector technology
appears to be relatively new, there may not be sufficient experience at this
point to determine what the reasonable standards are that individual models of
detectors should be expected to meet. False alarms of the type reported in
other cities where local ordinances requiring detectors have been enacted could
put a strain on the emergency response capacity of the Buffalo Fire Department.
If an ordinance is eventually adopted, the City might reasonably expect to
equip Fire and Police Department vehicles with portable detectors as well.
Existing City codes or ordinances which establish standards for
inspection and operation of boiler plants should also be reviewed. In addition
to public housing, boilers are used in privately-owned multiple dwellings,
apartment complexes, schools and commercial buildings. The Common Council
should consider requiring detection equipment in boiler rooms, and in the
chimneys or stacks of large capacity boilers.
We would be happy to work with the City on the development of a
reasonable carbon monoxide safety ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No. 92
Annual Rpt. of PILOT Agreement-R Kern-
Impropriety HUD loan 400 Elmwood
Item No 93 C.C.P. 2/7/95
Pursuant to the request of Mr. Michael A. Williams, Legislative
Assistant, please be advised that Pilot Agreements are generally administered
by the ECIDA which is responsible for there enforcement.
With regard to the 108 loan at 400 Elmwood Avenue, the loan was approved
by the Loan Committee and Board of the Buffalo Enterprise Development Company.
The loan was then approved the the Buffalo Urban Renewal AGency on
recommendation of BEDC. I will forward a copy of the agenda item to BEDC for
there comments.
REFERRED TO THE COMNIITTEE ON ECONOMIC DEVELOPMENT.
FROM THE CITY CLERK
No. 93
Notice of Hearing
Rename a 2nd Portion of Seventh Street
(from Connecticut to Busti) as "Columbus Parkway"
Item No. 81, C.C.P., February 21, 1995)
I hereby inform you that a public hearing has been scheduled to
be held before the Common Council at its Regular Meeting this day, at 2:00 P.M.
in the Council Chamber. The notice of said hearing was published in the
Buffalo News on Friday, March 3, 1995, and Monday, March 6, 1995, and copies of
these publications are attached hereto.
RECEIVED AND FILED.
No. 94
Take From the Table
Rename a 2nd Portion of Seventh Street
(from Connecticut to Busti) s "Columbus Parkway"
Item No. 81, C.C.P., February 21, 1995)
Mr. Pitts moved that the above item, 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. 95
Hearing
Rename a 2nd Portion of Seventh Street
(from Connecticut to Busti) as "Columbus Parkway"
Item No. 81, C.C.P., February 21, 1995)
Mr. Pitts moved that the above item is properly before the Common
Council and the hearing be opened.
CARRIED.
Appearances in Favor Thomas, Sara Cortelli, Angela Chivetta
Opposed: Alan Jamison, Grandpa Bear
Mr. Pitts moved that the hearing be closed.
CARRIED.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 96
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state from, 5:35 A.M. Wednesday, March 1, 1995
until 6:03 P.M., Sunday, March 5, 1995.
RECEIVED AND FILED.
No. 97
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
283 Davey St. T Bears Thomas Mueller
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 98
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- Jeni Wozniak
Assessment- Crystal Smith
Public Works- Holly McNamara
Parks- Evelo Negron
Human Resources- Dolores Barrett
RECEIVED AND FILED.
No. 99
Reports of Attendance
I transmit herewith commlmications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
Buffalo Sewer Authority
City Planning Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 100
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of Council
Intern.
ADOPTED.
Appointment Effective February 28, 199 in the Department of Common Council,
Shari Caito, 700 Richmond, Buffalo, 14213, to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00 hr.
Appointment Effective February 23,1995 in the Department of Common Council,
Michelle Epps, 487 Highgate, Buffalo, 14215, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00 hr.
Appointment Effective February 21, 1995 in the Department of Comon Council to
the Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00 hr.
Vidalina Gonzalez, 297 Fargo Ave., Buffalo, 14213.
Edwin Aponte, 297 Fargo, Buffalo, 14213
No. 101
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment Effective February 27, 1995 in the Department of Mayor's office
Division of Youth Opportunity and Internship Programs Linda Arce, 176 Virginia
Street, Apt. #9, Buffalo, New York 14201, to the Position of Intern III,
seasonal, at the Flat
Starting Salary of $5.00 hr.
Appointment Effective February 17, 1995 in the Department of Mayor' s Office
Division of Youth Opportunity and Internship Programs to the Position of Intern
I, seasonal, at the Flat Starting Salary of $ 4.25 hr.
Allison M. McCall, 637 West Avenue, Buffalo, NY 14213
Nicole D. Williams, 44 Federal Avenue, Buffalo, NY 14215
No. 102
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PARKS
Appointment Effective February 27,1995 in the Department of Parks
to the Position of Laborer II, Seasonal, at the Flat Startirig Salary of $6.92
hr.
Gary Augustiniak, 302 Kensington, Buffalo 14215
Joshua Humann, 72 Lancaster, Buffalo 14222
David Norris, 52 Euclid Place, Buffalo 14210
Kenneth Stevens, 106 Timon, Buffalo 14211
Joseph Thompson, 140 Deerfield, Buffalo 14215
Norman Anderson, 1050 Ellicott, Buffalo 14209
Willard Anderson, 22 Mulberry, Buffalo 14204
DEPARTMENT OF HUMAN RESOURCES
Appointment Effective February 21, 1995 in the Department of Human
Resources, Division of Youth ,Thomas Carloni, 25 Boone, Buffalo 14220, to the
Position of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h
Appointment Effective February 27, 1995 in the Department of Human Resources,
Division of Youth, to the Position Of Attendant, Temporary, at the Flat
Starting Salary of $4.42 p/h
Gwendolyn Mack, 25 Hill, Buffalo 14215
Gussie Trotter, 27 NewSouthgate, Buffalo 14215
Maurice Haggins, 15 Earl, Buffalo 14211
Jakobi Callahan, 387 Pratt, Buffalo 14204
Una Banks, 200 Dewey, Buffalo 14214
Terence Bridges, 82 Fairfield, Buffalo 14214
Corey Isome, 421 Grider, Buffalo 14215
Appointment Effective February 27, 1995 in the Department of Human Resources,
Division of Youth, Edwin Johnson, 494 Moselle, Buffalo 14215, to the Position
of Supervisor, Temporary, at the Flat Starting Salary of $ 5.20 p/h
Appointment Effective February 27, 1995 in the Department of Human Resources,
Division of Youth, Kevin Murphy, 94 Alturia, Buffalo 14220, to the Position Of
Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h
Appointment Effective March 1, 1995 in the Department of Human Resources,
Division of Youth to the Position of Supervisor, Temporary, at the Flat
Starting Salary of $5.20 p/hr.
Alice Williams, 159 Durham, Buffalo 14215
Gary Strubel, 75 Lisbon, Buffalo 14214
Michael Williams, 88 Millicent, Buffalo 14215
No. 103
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the mininmuim (Temporary, Provisional
or Permanent) and for Appointments at the Maximum (as per contract
requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective March 6, 1995 in the Department of Administration
and Finance, Division of Parking Enforcement Mary Ann Alongi, 87 Rebecca Park,
Buffalo 14207, to the Position of Clerk, Provisional, at the Minimum Starting
Salary of $20,215.
DEPARTMENT OF POLICE
Appointment Effective February 21, 1995 in the Department of Police,
Thomas R Mayes, 165 Bissell Avenue, Buffalo 14211, to the Postion of Cellblock
Attendant, Permanent, at the Minimum Starting Salary of $22,266.
NON-OFFICIAL COMMMICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 104
ALLRIGHT PARKING BUFFALO, INC.
Fence Encroachment on Broadway at Ellicott Street
Recently, Allright Parking Buffalo, Inc. erected a six feet high
fence at a location we lease located at the Nortliwest intersection of Ellicott
and Broadway Streets. Since the installation we have received a notice
(enclosed) from Commissioner Giambra that the fence is located and encroaches
into the public right-of-way on Broadway.
The reason I decided to install the fence was that many of our patrons
expressed their concern about their safety and that of their vehicles. Not
only lias tlle fence enhanced our security, it also presents a pleasant and
decorative visual aide to the landscape of the area.
Allright Parking Buffalo, Inc. wishes to apply for a permit or easement
allowing us to keep the fence in place. Please send us the information on the
process to apply for the easement, I realize your involvenment is instrumetal
to secure the easement and I wish
to thank you in advance for your assistance.
I await your instructions on this process. Thank you again.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 105
BFLO. SOFTBALL LEAGUE, INC
Financial Statements
Attached please find the Financial Statements of the Buffalo Softball
League Inc. for the year ending October 31, 1994. This report is provided to
comply with Chapter 309, Section 309 - 35 of the Ordinances of the City of
Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 106
BUFFALO PLACE, INC
Open Main St. To Vehicles
Thank you for your February 22 letter inquiring about the downtown
transit mall. I apologize for the delay in responding.
It is impossible to determine precisely what the effect on retail and
business has been of removing cars and introducing light-rail transit to Main
Street downtown. While there is no question, for instance, that retail has
declined downtown since the closing of Main Street to vehicular traffic a
decade ago, many other factors have contributed to that decline. (Retail
activity in downtown Rochester and Syracuse, where there are no transit malls,
has declined over the same period.)
In 1993, when downtown Buffalo hosted an International Downtown
Association conference, I asked the experts at the conference their feelings
about the transit mall and received near unanimous responses: that the
MetroRail line is good for downtown, but that removing vehicular traffic from
Main Street is disastrous. Main Street should have a shared right-of-way for
MetroRail and automobiles--like King and Queen streets in Toronto and, indeed,
like Buffalo's Main Street did in the first half of this century.
There are a handful of downtown transit or pedestrian malls in this
country that appear to work well. Most are short (a block or two), or in
warm-weather cities (Miami Beach), or in tourist towns (Williamsburg) or in
college towns (Ithaca) , or are served by transit lines that are much more
extensive than Buffalo's eightmile line (Portland) or some or all of the above.
I am enclosing articles on pedestrian malls for your information, as well as
the interim report from our October 22 Downtown Summit.
While there has been discussion about bringing vehicular traffic back to
Main Street, there are no plans. Since a Buffalo News article appeared
suggesting the idea about a year ago, many people have contacted Buffalo Place
Inc. about the idea,, virtually all of them enthusaistic.
I believe a few things stand in the way of vehicular traffic returning to
Main Street. We would need to figure out how to pay for reconstruction, how to
keep good MetroRail service during and after reconstruction, how to accommodate
handicapped accessibility to the trains, how to ensure that reconstruction
would disrupt businesses as little as possible.
The first step toward returning vehicular traffic to Main Street would be
to commence a study to determine its feasibility.
I sincerely appreciate your interest in this important downtown issue. I
would be pleased to discuss this issue with you or your constituent at any
time.
REFERREO TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 107
BFLO. ITALIAN FESTIVAL
Budget Figures
As per Common Council request, attached are the 1994 budget figures
provided by the Greater Buffalo Italian Heritage & Food Festival in regards to
last year's Hertel Avenue festival.
Please forward any questions regarding the attached information to Mr.
Ronald A. Carnevale, at 851-4144 or P.O. Box 526, West Side Station, Buffalo
New York 14213.
RECEIVED AND FILED.
No. 108
ECIDA
Sale Of Pilot Field
At the request of the Common Council, I and the Erie County Industrial
Development Agency will cooperate in discussions concerning the possible sale
of Pilot Field. At ECIDA we recognize the current fiscal plight of the City
and are more than willing to provide whatever assistance we can.
Regarding the sale of Pilot Field, ECIDA is not in a position legally to
be a "main player". Our existing agreements with both the City of Buffalo and
the Bisons limit ECIDA's involvement to a conduit, not policy-making role.
Such agreements do not permit ECIDA the luxury of promoting (or hindering)
policy actions approved by mutual consent of the parties involved.
In any case if our participation and involvement in this matter is
desired, we will be pleased to cooperate. Please provide us with any specific
requests you may have at your convenience.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 109
ECIDA
Info-Unpaid PILOT Agreements
Pursuant to your letter January 31, 1995, I am happy to provide
the follow information with regard to unpaid P.I.L.O.T.s.
COMPANY NAME $ AMOUNT ACTION TAKEN
2661 Main Street $11,783.08 Spoke with Mark Rosen, company
accountant who proposed a payment schedule. A check for $4,000 was submitted
week of 2/13. Bruna Michaux has requested a letter from ECIDA regarding the
City accepting partial PILOT payments.
AC Hamilton, Inc .$ 8,919.00 Company in receivership.
According to Bank, managed-assets files have been transferred to Providence.
Bflo. Waterfrt Rest. $ 88,877.18 Company filed for bankruptcy
August 1993.
Computer Task Grp $807.00 Paid 2/21.
876 Associates $9,642.84 According to Chuck Wilson,
company principal, payment will be made in near term.
J&M Distributing $5,174.52 Agency out of title.
Property should be on real property tax rolls.
Prudential Bld Assoc. $420,000.00 See letter from Carl Paladino
(attached)-*No letter sent with this communication.
As in the past, upon notification by the City of the PILOT delinquencies,
the ECIDA took immediate action. We will continue to keep contact with each
company where payment of the PILOT's is forthcoming. In the other instance
such as AC Hamilton, Buffalo Waterfront Restaurant and Prudential Building
Associates, once we have any useful information, we will pass it along your
office.
I trust the above information satisfactorily responds to your communicate
of January 31, 1995.
If you require any additional information, please contact me at your
earliest convenience.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 110
KAVINOKY & COOK, LLP
Crossroads Arena
As requested by the Auditorium and Stadium Task Force, enclosed
herewith please find the following:
(1) Kavinoky & Cook letter to the Sabres' counsel requesting additional
information regarding the Crossroads Arena parking plan;
(2) Kavinoky & Cook letter to the Sabres' counsel regarding City
rights-of-way proposed to be used for the Crossroads Arena;
(3) Sabres report dated 2/21/95 on City of Buffalo Crossroads bond fund
expenditures;
(4) City Comptroller's recap of City Crossroads bond fund expenditures
as of 2/17/95;
(5) Crossroads Project Projected Cash Disbursements Schedule dated
2/22/95; and
(6) Monthly Construction Reports for December, 1994 and January, 1995
prepared by UDC.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 111
AFSCME LOCAL 264
Cost Comparison - East Side Transfer
Station - Public Sector Takeover
Attached herewith is a review and cost comparison of a takeover
of the East Side Transfer Station by the public sector.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 112
LOCAL 650
Job Sharing
In an attempt to deal with the fiscal crisis that faces the City
of Buffalo, AFSCME Local 650 AFL-CIO proposes that the union and the city
administration enter into discussions IMMEDIATELY,to establish a voluntary "JOB
SHARING PROGRAM" and/or a voluntary "reduced work week program" that would
serve a dual purpose of saving the city money and allowing employees who cannot
work a full time schedule the opportunity to do so. We stand ready to enter
into these discussions at once.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 113
NY POWER AUTHORITY
Low Cost Power Incentivves
Item #91, CCP, 11/l/94
Chairman Tom Young asked me to follow up on our conversations
of January 12 regarding ways to reduce Buffalo's electric bill. I do not have
an immediate solution to the restrictions of NYPNs enabling legislation
discussed at our meeting, but we can start working together immediately to
lower your electric bill by taking advantage of the expansion of NYPA!s HELP
energy efficiency program.
As you know, NYPA is not currently authorized to serve Buffalo and
changes in our enabling legislation would be required. Assemblyman Hoyt has
introduced legislation in the Assembly (Bill # A00568, attached) that would
permitt NYPA to serve the Buffalo Sewer Authority. In addition, legislation
will soon be introduced that would permit NYPA to serve water authorities in
several counties, including Erie County. This bill might be amended to include
sewer authorities, since they also use significant amounts of electricity. You
could work with your legislative delegation on these bills if you want to
pursue this approacb.
While legislation may take some time, we can begin working together
immediately to reduce Buffalo's electric bill. NYPA!s Higb Efficiency Lighting
Program (HELP) was recently expanded to include local government agencies and
facilities throughout the state. In fact, we're opening an office in Buffalo to
coordinate our energy efficiency efforts in western New York. The purpose of
the HELP program is to identify, finance and install cost-effective energy
conservation improvements. The program has been overwhelmingly successful
elsewhere due to the unique feature of the program that allows localities to
improve the efficiency and quality of lighting, motor and HVAC systems without
experiencing any upfront cost. Project costs are recovered out of the energy
savings that accrue to the participant.
The Buffalo City Scbool District is a participant in the public school
HELP Program. At the Waterfront School (School #95), installation of high
efficiency lighting is taking place and upon completion of the project the
School District will save about $51,000 annually. Planning for additional
projects for the School Distract is also underway.
Joanne Willmott of NYPA recently met with Mr. Dan Connors of your
Department of Public Works to brief him on the program. As a next step, I
suggest that a meeting be arranged with other staff from the City and Mr. Paul
Betnick, Manager of the Statewide HELP Program. At that time he can fully
explain the HELP program and explore bow best to get started. We would be
excited to bave Buffalo as a participant in HELP and are confidant that we can
help reduce your electric bill.
On the economic development front, NYPA has and will continue to work
with economic development agencies and companies in the Buffalo area to supply
low cost electricity to fuel job growth and retention. While this does not
directly effect the City's expenses, it does help ensure a stable tax base.
I want to thank you for inviting us to Buffalo. Please let me know wben
it would be convenient to meet with your staff concerning the HELP program. I
think it's a great opportunity.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 114
NYS THRUWAY AUTHORITY
Maintenance of S. Ogden Bridge
Res. #174, C.C.P. January 24, 1995
We are writing in response to your recent letter which transmitted
a copy of the above referenced Common Council Resolution.
The primary focus of the Resolution was on the condition of the South
Ogden Street Bridge. Also, there was a request for information regarding
maintenance to be performed on other bridges within the City maintained by the
Thruway Authority.
With regard to the South Ogden Street Bridge, we offer the following.
Maintenance of this bridge is shared between the City and the Thruway
Authority. The City has responsibility for maintenance of the wearing surface
(asphalt overlay), sidewalks, and approaches. This includes repairing
potholes, snow removal, and removal of dirt-debris on the sidewalks. The
Authority has responsibility of maintaining all of the structural components of
the bridge (generally those elements below the wearing surface).
Because of the generally poor condition of this bridge, it was programmed
in 1992 for rehabilitation under our Contracts Program. It is presently
scheduled for construction in 1997. The asphalt overlay will be replaced at
that time in addition to other repairs to be made. Until then, potholes which
develop in the asphalt overlay would be the responsibility of the City to
repair.
With respect to other Authority, maintained bridges within the City, we
offer the following. In addition to the South Ogden Street bridge, there are
four other bridges within the City where maintenance is shared between the City
and the Authority.
1. Weiss Street
2. Louisiana Street
3. Porter Avenue
4. River Road over Vulcan Street Exit Ramp
Maintenance responsibility for these bridges is shared between the
Authority and city in the same fashion as was described for the South Ogden
Street Bridge. Over the years, the Authority has performed numerous
maintenance activities on these bridges including routine preventive
maintenance tasks as well as more extensive corrective repairs in order to
preserve and maintain them in safe condition. Additionally, three of these
bridges have had major work performed on them, and the fourth will have major
work performed in 1997. Weiss Street and Porter Avenue bridges had the wearing
surface and joints replaced in 1985 and 1986, respectively. Both bridges were
painted recently and Weiss Street had fencing installed in 1994. Louisiana
Street bridge was totally rehabilitated in 1992. The River Road over Vulcan
Street Exit Ramp bridge is programmed for replacement of wearing surface and
other repairs in 1997.
We trust that the foregoing information answers the questions raised in
Resolution #174. If there are any other questions, or if further clarification
is required, please contact our office.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 115
POLLACK PRINTING CORP.
Parking Problems For Employees/ Business
I work for Pollack Printing Corporation at 877 Main Street (between
Carltori & Virginia). About 132- years ago, myself along with two other
representatives from our company attended a Common Council Meeting. One thing
on the agenda that day was the vote to award purchase or rental of a parking
lot on the corners of Main, Virginia and Washington. We were at the meeting on
behalf of our employees to object.
On September 14, 1993, we received a notice frorn Samuel Iraci, Buffalo
Urban Renewal Agency, to vacate the parking lot. Since the Trico lot, across
the street from us, was taken over by Health Care and now we were unable to
park in this lot, we were to seek a solution. At that time, there were no
meters on Main Street. The Common Council said they were committed to leasing
the Virginia Street lot to the renovator of the Roswell Park Main Street
Building, but they did not want to leave us out. After some discussion, they
said that we would be able to park on Main Street and that they would see about
removing the two hour parking limit on Washington Street so our employees could
park there. Since then, parking meters have been installed on Main Street and
last week Friday, the Parking Enforcement Officers started to mark the tires on
Washington Street. When our employees went out to move their cars, the
officers came and marked the tires again. Since this is a production company,
we cannot afford to have employees going out on Main Street every two hours to
put money in the meter or to move their cars every time their tires are marked
on Washington Street. We offered to rent spaces in the Trico lot across the
street (which is rented by Health Care and is never more then 75% full) or
spaces in the Virginia Street Lot (which is rented by Roswell Park), but it was
refused.
All we ask is a place for our employees to park without being harrassed.
I know the City is looking for revenue, but the meters on Main Street are not
in a high traffic area and probably does not even collect enough money to pay
their own maintenance. Making it impossible for our employees to park their
cars in a reasonably close area to where they work not only causes businesses
to leave the city, but also discourages new businesses from coming into the
city.
We would very much appreciate your help and recommendations in this matter.
REFERRED TO COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 116
D. RISSELL
City Tax Formula
I am writing to you to ask you to extend my gratitude to the City
Council for raising our property assessments to market value (more like 120% of
market value) 2 years ago. Last year I saw a jump in County taxes because of
the reassessment, this year, County taxes will go up 7.6% in the City. It was
so nice of the City to arrange for us all to pay more to Erie County. I am
sure the City will want a bigger slice of its own soon too.
I would also like to ask the Council as a group to make a formal inquiry
into the formula used to determine the 7.6% increase in Buffalo that also
grants a decrease or a nominal increase in most other areas of the County. I
would like to know where this formula comes from. Property in the City is
assessed at least 100% of market value. (Indeed, if I could sell this house for
what it is assessed for, I would not hesitate for a minute to do so.) Most
Buffalo assessments are 110 to 120% of market value. Most assessments in other
areas of the county are 60% to 80% (sometimes 50% in reality) of fair market
value. Has this formula been revised since assessments were changed in
Buffalo? I think there is an incredible injustice in raising taxes 7.6% in an
area where the assessments are at market value, and LOWERING them in areas like
Amherst where assessments are 60 to 70% (and that is generous) of the market
value.
I would appreciate your presenting this request to the City Council.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ASSESSMENT.
No. 117
ROSWELL PARK MODERNIZATION PROGRAM
M/WBE Minority Participation
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
do not hesitate to call our office. Thank you.
RECEIVED AND FILED.
No. 118
MICHAEL SCOTT
Reclaiming Our Community One Step At A Time
As Black lestory Month is coming into fufl bloom, in the spirit
of Dr.Martin L.King Jr. we invite you to participate in effectiveositive change
for your community. We know that many of the taxpaying citizens of the
University District are gravely disheartened by the escalating incidents of
violent crime resulting from the prevalence of drug dealing and drug abuse in
our community. Statistics show that Precinct #16 is the second busiest station
only to Precinct #12 in the city of Buffalo.
In order to stop this prevailing sense of despair we would like to
propose that on Saturday, Feb.25,1995 at 12:00 noon the community begins to
empower itself by voicing our concems as they relate to the issue of
eat-walking patrol ofricers. We are going to stage a rally in front of the
Kensington-Bailey Community center on the above mentioned day and tirne in
support of enhancing beat patrols in our community.
We would like to make it perfectly clear that this effort is not an
attempt at telling our civil servants how to do their jobs. Yet we feel that
it is vitally important that the community and its police officers have an open
line of communication in order to bring about a better community for us all.
Precinct #16 has made us aware of the fact that Fourteen new ofricers will be
added to its force. We propose that some of these officers be used in
enhancing the effectiveness of beat patrols in our district. We hope that the
police officers of Precinct #16 wifl be receptive towards incorporating these
suggestions in an effort to better our community.
We strongly urge you to come out and participate in this rally on Sat,
Feb.25,1995 at 12:00 noon in front of the Ken-Bailey community center. We are
asking that all residents of the University District come out in support of
this event. This is your opportunity to let it be known that the citizens of
this community are serious about
resolving the problems which presently face us. To insure the future growth
and development of our community you must play an active role-
RECEIVED AND FILED.
No. 119
G. SCRUGGS COMMUNITY HEALTH CTR.
Request Moratroium Waiver
1472 Main St.
I am writing to seek your assistance in getting a Buffalo Council
resolution passed, in favor of Geneva Scruggs. We desire to purchase a piece
of property located at 1471 Main Street, directly adjacent to our new 1461 Main
Street Health Center. We wish to use the property for a Supportive Housing
Program for 20 women headed households. These would be women with children.
The U.S.Department of Housing and Urban Development awarded our agency $2.05
million to help with project. Howewver, they have told me that unless I get a
waiver from the moratorium they heard about
in Buffalo, they will not fund us as they planned. We shall lose the funding
if I fail to secure a waiver.
I have been reliably advised that you can obtain such a waiver. I am
therefore writing o you as follow-up to our telephone conversation of today, to
ask for assistance in obtaining the appropriate waiver fromt he Council of the
City of Buffalo.
Thank you for your assistance.
Mr. Pitts moved:
That this Common Council supports the U.S. Department of Housing and
Urban Development's funding of Geneva B. Scruggs Community Health Care center,
Inc.'s support- housing program and the Center's intention to purchase 1471
Main Street in support of such program.
That the City Clerk of the city of Buffalo send a certified copy of this
motion to the U.S. Department of Housing and Urban Development.
ADOPTED.
No. 120
TCI, INC
Annual Update-Equipment & Installation Charges
On behalf of your local TCI-affiliated cable operator, please
find enclosed an FCC Form 1205. As you may already know, the attached filing
is required annually to update equipment and installation charges. The data
utilized in completing the Form 1205 was obtained from TCI's books and records
for the year ended December 31, 1994.
We have attempted to strictly comply with all applicable FCC requirements
and feel that the attached submission represents a good faith filing. However,
given the considerable uncertainty surrounding the regulatory process, we
hereby reserve the right to make future corrections to this filing. The
operator further requests this right, to the extent any computational errors
were made.
If you have any questions or concerns about this filing, please bring
them to the attention of your local TCI-affiliated cable manager, Paul Meegan.
He will do his best to answer your questions or get you the answer in a timely
manner. Considering the complexity of the 1992 Cable Act we hope you will work
with us as we work to fully comply with the law.
REFERRED TO THE SPECIAL COMMITTEE CATV.
No. 121
J. TURNER
Request To Re-acquire Title 47 Glenwood
I am writing this letter to you because of a great misunderstanding
while paying our taxes, that has caused my husband Jeff and I to lose ownership
of the adjoining lot to our home at 45 Glenwood Ave.
We have lived at 45 Glenwood Ave. years before purchasing at actuion 47
Glenwood. Not only has this property been enjoyed by our family bust it has
been used by our block club (Glenwood Ave. Blockl Club). for many functions.
We believed that while paying taxes on our home we were paying taxes for
both properyt while receiving only one bill. Water and property taxes for 45
Glenwood are up to date and areunsure of how long the city claimed this
property.
We have maintained up keep on lot and would greatly appreciate your help
in regaining 47 Glenwood as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ASSESSMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION
COUNSEL.
No. 122
WGR-TV
Closed Captioning
This is in response to your letter concerning the Common Council
resolution on closed captioning. Below is a list of all programming aired on
WGRZ-TV with closed captioning. We have no accurate way of assessing the costs
per program since these programs are produced by NBC or other independent
producers.
Currently, we are not closed captioning the programs we produce locally.
This is not financially feasible since the cost would exceed $100,000 per
year. We are considering closed captioning our local newscasts. This involves
purchase of specialized eqtiipinent costing between $6,000 and $10,000.
Closed Captioned Programs aired on WGRZ-TV: (attached)
I hope this satisfies your request. If I can provide any additional
information, please let me me know.
REFERRED TO THE SPECIAL COMMITTEE ON CATV
No. 123
WKBW-TV
Closed Captioning
Thank you for your interest in the Closed Captioning of WKBW programming.
I will answer your request to the best of my ability even though my area is
news. This is an area better addressed by our Program Director who is out of
town for a family emergency.
WKBW has been captioning all local news programs for the past five years.
The Closed Captioning system we have in our station runs off our script
writing computer and therefore virtually everything that is scripted is
transcribed for the hearing impaired. All sound is transcribed when possible.
There are some exceptions in the case of breaking news when live interviews
are not transcribed, however, in cases of a public emergency such as a severe
stortn we will paraphrase what is said on Closed Captioning.
Live news programs, live news specials and of course all ABC network
programming and syndicated programming is closed captioned. Nearly all
commercials are closed captioned, some local ones are not and that is a
ftmction of how and where they were produced.
It is much easier to list programs that are not Closed Captioned since
nearly everything we do is. AM Buffalo is currently not closed captioned but
we plan on captioning portions of it in the near future. Off Beat Cinema,
cartoons and some sports programming like the Steve Tasker Show is not. The
reason pre-recorded local shows are not currently closed captioned is a
function of where the encoder (the Closed Captioning device) is wired into the
system and apparently it is not easy to do both and live and pre-recorded
programming.
To sum things up: nearly all of our programming is Closed Captioned and
we are working on Captioning all of our progranuning that is not. All costs of
bringing this service to the public are built into the equipment we purchased
with our Newsroom computer system several years ago. Training our station
personnel to use the equipment was also a considerable undertaking and expense.
Ironically your letter comes just as we completed the purchase of additional
computer equipment that will e-nable us to better script shows other than
newscasts produced by WKBW.
From time to time we are asked to undertake "real time" closed captioning
which is a different system than ours. It involves a court stenographer
actually transcribing programming as it goes over the air. This is extremely
expensive, somefimes in the neighborhood of $50,000 a year for one half-hour
show! Multiple that by the number of half hours we put out everyday and it
would not be feasible for us to transfer over to this kind of system.
We are very committed to bring the Deaf community the very best Closed
Captioning we can provide. Over the years we have met with various factions of
the Deaf community to work on improving our service.
Please feel free to call me if you need more details.
REFERRED TO THE SPECIAL COMIMITTEE ON CATV.
PETITIONS
No. 124
George Scouras & Others, petition to use 186 Allen for an outdoor patio.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 125
J. Botticelli and others - Oppose the name change of Seventh St. to Columbus
Pkwy.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 126
Salary Ordinance Amendment
40 - Department of Public Works
1 - Division of Engineering
013 - Operation of Bridges
(Item No. 180, C.C.P., Feb. 21, 1995)
That the Salary Ordinance Amendment as contained in Item No. 180,
C.C.P., February 21, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 127
Salary Ordinance Amendment
06 - Adminsitration and Finance
3-001 - Labor Relations
(Item No. 181, C.C.P., Feb. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. LoTempio now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 128
Salary Ordinance Amendment - Buildings
(Item # 182 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Salary Ordinance Amendment
090 - Department of Assessment
(Item No. 181, C.C.P., Jan. 24, 1995)
(Item No. 100, C.C.P., Feb. 21, 1995)
That the Salary Ordinance Amendment as contained in Item No. 181,
C.C.P., January 24, 1995, be and the same hereby is approved.
PASSED.
AYES0 13 NOES- 0
No. 130
Appointment
Principal Engineer
That Communication No. 57 February 7, 1995 be received and filed
and the provisional appointment of John J. Gugino stated above at the maximum
salary $45,795.00 effective on January 23, 1995 is hereby approved.
PASSED.
AYES- 13 NOES-0
No. 131
Appointment
Assistant Auditor
That Communication No. 23 February 21, 1995 be received and filed
and the provisional appointment of Juli-Lyn Colpays stated above at the
intermediate salary $29,294.00 effective on February 20, 1995 is hereby
approved.
PASSED
AYES- 13 NOES- 0
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 132
Buffalo Place Contract with the City
(Item No. 29, C.C.P., Feb. 21, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to execute and renew the contracts between Buffalo Place Inc. and the City of
Buffalo for the years of 1992-93, 1993-94 and 1994-95 for services rendered in
the Special Downtown Vending District.
PASSED
AYES - 13 NOES - 0
No. 133
Pilot Field 1995-96 Recommended Budget
(Item No. 3, C.C.P., Feb. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr Collinsmoved:
That the 1995-96 Recommended Budget for the Pilot Field Enterprise Fund,
be and the same hereby is adopted.
PASSED
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS - 12
NOES - ZUCHLEWSKI -1
No. 134
Merchant Marine Memorial
(Item No. 8, C.C.P., Jan. 10, 1995)
(Item No. 113, C.C.P., Jan. 24, 1995
(Item No. 116, C.C.P., Feb. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr.Collins moved:
That the Buffalo Arts Commission is authorized to permit the installation
of a onument at the southend of Veterans Park adjacent to the Naval
Servicemen's Park to the WNY Merchant Marine Post l947, subject to the
identification of funds from the Community Development Block Grant.
PASSED
AYES - 13 NOES - 0
No. 135
Info.-Merchant Marine Memorial (Arts Comm.)
(Item # 117 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 136
Request Lease - A. Brown - 1269 Genesee
(Item No. 72, C.C.P., Feb. 21, 1995)
That the Comptroller be, and hereby is authorized to enter into
a lease between the City of Buffalo and A. Brown, for the lease of 1269 Genesee
Street, at the annual rental of $1.00 (One Dollar); and that the Corporation
Counsel to prepare the necessary documents to said lease and that the Mayor be
authorized to execute the same.
PASSED
AYES - 13 NOES - 0
No. 137
Transfer 843 Clinton Street to Former Owner
(Item No. 18, C.C.P., Feb. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be, and he hereby is authorized to transfer 843
Clinton Street to Mr. James Croom, Jr., in the amount of $2,185.55 (Two
Thousand One Hundred Eighty-Five Dollars and Fifty-Five cents; and
That Mr. Croom has agreed to pay the back taxes of $1,885.55 (One
Thousand Eight Hundred and Eighty-Five Dollars and Fifty-Five cents) and the
$300.00 Three Hundred Dollars In Rem fee; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
PASSED
AYES - 13 NOES -0
No. 138
Results of Negotiations - 200 Colorado
(Item No. 20, C.C.P., Feb. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the offer of Mr. Lawrence F. Landgraf, President of the Tire Shoppe
of Niagara & Erie Co., Ltd., 8045 Quarry Road, Niagara Falls, New York 14304,
in the sum of $42,000-00 (Forty Two Thousand Dollars) to purchase the property
described as 200 Colorado, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon with the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser.
PASSED
AYES - 13 NOES - 0
No. 139
Ordinance Amendment - Chapter 137-7 Schedule of
Fines and Penalties
(Item No. 184, C.C.P., Feb. 21, 1995)
The Committee on Finance recommended that the above item be approved.
Mr. Collins now moved to recommit to the Comittee on Finance.
ADOPTED.
No. 140
Ordinance Amendment - Ch. 175 (129)
Residential Structures
(Item # 161 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12 NOES - COPPOLA - 1
No. 141
Extend time of contract - waterline replacement (PW)
(Item # 25 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 142
Engage Consultant - Watermain Fargo/Jersey
(Item No. 34, C.C.P., Feb. 21, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to prepare plans and specifications and advertise for bids to install watermain
in Fargo Avenue from Vermont Street to York Street; Maryland Street from Efner
Street to Niagara Street and Jersey Street at the Colonel War Pumping Station.
Funds for this project are available in Division of Water's Capital Project
account.
PASSED
AYES - 13 NOES - 0
No. 143
Bids - Sluice Gate - Info. only (PW)
(Item # 36 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 144
Bids - Emergency Demolition - Various Locations
(Item No. 59, C.C.P., Feb. 21, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $11,800.00, relating to 288 Miami Street front and rear;
to Lebis Enterprises at a cost of $4,700.00, relating to 122 Miller Street and
shed; to Integrated Waste Special Services at a cost of $5,600.00, relating to
282 Rother Street; to Peter DelMonte Demolition at a cost of $9,900.00,
relating to 193 Maurice Street, at a cost of $5,800.00, relating to 1143 Seneca
Street, are hereby confirmed, ratified and approved, with said costs 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 benefited, in accordance with
Chapter 113 of the Ordinances of the City of Buffalo.
PASSED
AYES - 13 NOES - 0
No. 145
Bids - Emergency Demoltion - 847 Glenwood Avenue
(Item No. 60, C.C.P., Feb. 21, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $6,950.00, relating to 847 Glenwood Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefited, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED
AYES - 13 NOES - 0
No. 146
Bids - Emergency Demolition - 404 Goodyear & Garage
(Item No. 61, C.C.P., Feb. 21, 1995)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Cedar Wrecking and
Salvage at a cost of $7,800.00, relating to 404 Goodyear and Garage, 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 benefited, in accordance with Chapter 1 13 of the
Ordinances of the City of Buffalo.
PASSED
AYES - 13 NOES - 0
No. 147
Change in Contract - Waterline
Mytrle/High
(Item No. 37, C.C.P., Feb. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to E&R General Construction, changes resulting in a net
increase in the amount of $53,192.05, as more fully described in the above
communication, for contract relating to Waterline Replacement - Myrtle, Chicago
and High Streets, City Contract No. 91780900. Funds to be charged to the
Division of Water's 416 Capital Project Fund, 982-001-00-000.
PASSED
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI - 12 NOES - PITTS - 1
No. 148
Recover costs from Housing Court
(Item # 65 CCP l,'ebruary 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 149
Annual Financial Report Ending 6/30/94 (Compt.)
(Item # 19 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 150
Quarterly Financial data (Compt.)
(Item # 14 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 151
Monthly Overtime Report (Compt)
(Item # 15 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 152
Reports of attendance (Wtr. Bd. Minutes Only)
(Item # 69 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 153
Rite Aid Drugs, Petition to use
350 Niagara Street - Store with Parking and Signs
(Item No. 84, C.C.P., Feb. 21, 1995)
That after a public hearing before the Committee on Legislation
on February 28, 1995, the petition of Rite Aid, owner, for permission to use
350 Niagara Street for a store with parking and signs be, and hereby is
approved.
PASSED
AYES - 13 NOES - 0
No. 154
Conrail, Petition to use
97 Selkirk - Pole Sign
(Item No. 86, C.C.P., Feb. 21, 1995)
That after a public hearing before the Committee on Legislation
on February 28, 1995, the petition of Conrail, owner, for permission to use 97
Selkirk for a pole sign be, and hereby is approved on the condition that the
sign is not within 200 feet of a public playground.
PASSED
AYES - 13 NOES - 0
No. 155
Conrail, Petition to use
1035 Perry - Pole Sign
(Item No. 88, C.C.P., Feb. 21, 1995)
That after a public hearing before the Committee on Legislation
on February 28, 1995, the petition of Conrail, owner, for permission to use
1035 Perry for a pole sign be, and hereby is approved.
PASSED
AYES - 13 NOES - 0
No. 156
Rite Aid Drugs, Petition to use
2474-2494 Bailey Avenue - Pole Sign
(Item No. 99, C.C.P., Feb. 7, 1995)
Mr. Coppola now moved to recommit to the Comittee on Legislation.
ADOPTED.
No. 157
Use 2474 Bailey (C.P.Bd.)
(Item # 9 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 158
Rite Aid Drugs, Petition to use
1410 Delaware Avenue - Pole Sign
(Item No. 104, C.C.P., Feb. 7, 1995)
That after a public hearing before the Committee on Legislation
on February 28, 1995, the petition of Rite Aid Drugs, owner, for permission to
use 1410 Delaware Avenue for a pole sign be, and hereby is approved.
PASSED
AYES - 13 NOES - 0
No. 159
Reply to delisting of waste sites (EMC)
(Item # 11 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 160
Encroach Signs - 1856 Clinton Street
(Item No. 51, C. C. P., Feb. 7, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as
agent for Marine Midland Bank, located at 1856 Clinton Street, to install a
sign which would encroach city right-of-way at said address which would measure
5.5' x 6' and be attached perpendicular to the building, subject to the
following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sign.
PASSED.
AYES- 13 NOES- 0
No. 161
Encroach Signs - 1107 Lovejoy Street
(Item No. 52, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as
agent for Marine Midland Bank, located at 1107 Lovejoy Street, to install a
sign which would encroach city right-of-way at said address which would measure
5.5' x 6' and be attached perpendicular to the building, subject to the
following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sign.
PASSED.
AYES- 13 NOES- 0
No. 162
Ordinance Amendment - Chapter 263, Section 8
Other Combustible Materials
(Item No. 169, C.C.P., Feb. 21, 1995)
That the Ordinance Amendment as contained in Item No. 169, C.C.P.,
February 21, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 163
Oppose 24-hr. on Street Parking (Sts)
(Item # 58 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Oppose 24-hr. on Street Parking (A&F)
(Item # 66 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Inspections Department Reforms
(Item # 151 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Local 2651 - Comments on Dept. Reforms
(Item # 78 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Response to Crime Bill Priorities (Pol)
(Item # 43 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Police Reorganization committee.
ADOPTED.
No. 168
Appointment of Members - Board of Appeals and Designation of Chairman of the
Board
(Item No. 3, C.C.P., Feb. 21, 1995)
That the appointments of members of the Board of Appeals of Rev.
James Lewis, 106 Rohr Street, Buffalo, 1421 1, Joseph Pandolfino, 203 Colvin
Avenue, Buffalo, 14216, for terms effective February 21, 1995 and expiring
March 11, 1998, be and hereby are confirmed. That Luis E. Irene, presently a
member of the Board of Appeals, designated as Chairman of the Board.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 169
LDA - Niagara Street Association - 269 Franklin
(Item No. 54, C.C.P. 2/21/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mr. Perla, the item is properly
before the Common Council, and the hearing be opened.
CARRIED.
Appearances- Dave Sengbush-Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mr.
Zuchlewski.
CARRIED.
Mr. Pitts now moved that:
Whereas, the Buffalo Urban Renewal Agency has duly designated 430 Niagara
Street Associates and/or other legal entity to be formed as qualified and
eligible Redevelop 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 430 Niagara Street Associates 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 269-273
Franklin Street in the Downtown Entertainment District - Phase I.
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 430 Niagara Street Associates and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0
No. 170
LDA - Langston Hughes Institute - 25 High
(Item No. 55, C.C.P. 2/21/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mrs. Lockwood , the item is
properly before the Common Council, and the hearing be opened.
CARRIED.
Appearances- Dave Sengbush, Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Pitts now moved that:
Whereas, the Buffalo Urban Renewal Agency has duly designated Langston
Hughes Institute 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 430 Niagara Street Associates 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 25 High Street
& a portion of 963-969 Washington in the Oak Street Redevelopment Project
NYR-197.
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 430 Niagara Street Associates and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0
No. 171
Business Tax Incentives - Economic Development Zone
(Item No. 18 1, C.C.P., Feb. 7, 1995)
WHEREAS, an Economic Development Zone has been establilshed in
certain geographical sections of the City of Buffalo pursuant to Article 18-B
of the New York State General Municipal Law and Local Law No. 5 (1994); and
WHEREAS, Section 485-e of the New York STate Real Property TAx Law
("RPTL") permits municipalities to provide specified tax exemptions for real
property altered, constructed, installed or improved within the economic
development zone: and
WHEREAS RPTL Section 485-e further proavides an option of granting such
tax exemptions for either the 10 year period immediately commencing upon the
date on which the Economic Development Zone was authorized or for a 10 year
term commencing at any time during the life of the Economic Development Zone,
notwithstanding that the designation of the zone may expire prior to the end of
such 10 year terms; and
WHEREASA, by Resolution No. 181, C.C.P., February 7, 1995, the City
authorized the exemption which is to commence for a 10 year term immediately
following the designation of the Economic Development Zone:
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City has reconssidered the matter, and in fairness to the
public, desires to reauthorize the exemption in accordance with the latter
option, such that during the life of the Economic Development Zone designation,
any exemption commencing during the life of the Economic Development Zone
designation shall be for a term of 10 years, notwithstanding that the
designation of the zone may expire prior to the end of such 10 year term.
2. Any such exemption shall be authorized only where the exemption
commences on the assessment roll with taxable status dates on or after the
effective date of this resolution.
3. The amount of the exemption in the first 7 years of its term shall
be one hundred percent of the "base amount", determined pursuant to subdivision
two of the RPTL Section 485-e. The amount of the exemption in the 8th, 9th and
10th years of its term shall be seventy-five (75%) percent, fifty (50%) percent
and twenty-five (25%) percent, respectively of such base amount.
4. This resolution shall take effect immediately, and
BE IT FURTHER RESOLVED, that the Clerk of the City of Buffalo forward
certified copies of this resolution to the Mayor, the Commissioner of
Community Development and the Commissioner of Assessment.
PASSED.
AYES- 13 NOES- 0
No. 172
Tri-Main Development - Complaints about Econ. Dev. Zone
(Item # 83 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Policy on L.D.A.'s
(Item # 151 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Outstanding L.D.A.'s (CD)
(Item # 57 CCP December 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Secure/Repair Central Terminal - Charge Owners (ICR)
(Item # 72 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Security for Central Terminal (CC)
(Item # 64 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Action Against Central Terminal Owners (ICR)
(Item # 42 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Safety of City Property (CD)
(Item # 51 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEES
ERIE BASIN MARINA TASK FORCE
HON. JAMES W. PITTS
CHAIRMAN
No. 179
Erie Basin Marina Lease - As Extended
Proposed Amendment
(Item No. 58, C.C.P., Dec. 13, 1994)
That the Aud Club's proposal to amend the Marina Lease Agreement
between the City of Buffalo and the Aud Club, Inc. to reduce the rent due to
the City from fuel sales made at the Erie Basin Marina from $4,000 base rent
and 15 % commission on fuel sales to $4,000 base rent and 4% commission on fuel
sales be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 180
M. Hall - Peddleboat Concessions - Marina
(Item # 98 CCP June 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Opinion - Peddleboat Oper. at Marina (CC)
(Item # 54 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Peddleboats - Marina (PW)
(Item # 72 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Aud Club - Oppose Operation of Peddleboats - Marina
(Item # 129 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received and filed.
ADOPTED.
COMMITTEE ON EDUCATION
HON. DALE L. ZUCHLEWSKI
CHAIRMAN
No. 184
Reduced Costs for LSHP Operations (Bd.Ed.)
(Item # 54 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
School Space - Night Rentals (Bd.Ed.)
(Item # 72 CCP March 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Board of Education Custodian - Engineer Contracts
(Item No. 157, C.C.P., Nov. 30, 1993)
(Item No. 155, C.C.P., Mar. 22, 1994)
That this Common Council file a formal complaint with the New
York State Legislature protesting the exclusive private contracts between the
Buffalo Board of Education and the custodian - engineers and request that the
Legislature nullify the existing contracts; and
That this Honorable Body request the Board of Education to put custodian
contracts out to competitive bid or negotiate a new contract requiring
custodian-engineers to reveal all expenditures, to require them to return
unused portions of their budget for rollover to the next fiscal year, and to
eliminate the practice of allowing custodians to keep equipment purchased
through the Board of Education; and
That the City Clerk be directed to forward certified copies of this
resolution to the Secretary of the New York State Senate, the Clerk of the NYS
Assembly, the Superintendent of the Buffalo Public Schools, and the Members of
the Buffalo Board of Education.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- LOCKWOOD- 1
No. 187
Purchase of Nativity School, 479 Albany Street
for Board of Education
(Item No. 17, C.C.P., Feb. 21, 1995)
That the offer of Buffalo Board of Education, in the sum of $425,000.00
(Four Hundred and Twenty Five Thousand Dollars) to purchase the property
described as the former Nativity of the Blessed Virgin Mary School located at
179 Albany Street; be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon with the bid was submitted.
PASSED.
AYES- 13 NOES- 0
No. 188
Drug and Gun Free Zones
(Item No. 175, C.C.P., Feb. 21, 1995)
That the Board of Education report to the Common Council on how
stricter Federal laws which are implemented in Drug and Gun Free Zones near
schools could be expanded to include areas nearby youth facilities; and
That a copy of this resolution be sent to the WNY congressional
delegation and Senators Moynihan and D'Amato.
ADOPTED.
RESOLUTIONS
No. 189
By: Mr. Bell
Solutions to Budget Gap Problem
Whereas: Over the past few months the administration and Common
Council have met to discuss possible solutions to the city's budget gap
problem; and
Whereas: Various suggestions have emerged from these discussions, ranging
from the consolidation of services to reduction of overtime expenditures to
freezing certain budget lines; and
Whereas: It is important to assess the advisability of adopting these
measures as soon as possible so that the viable suggestions can be implemented
as expeditiously as possible;
Whereas: Now, Therefore, Be It Resolved:
That the Commissioner of Administration and Finance report on the feasibility
and/or status of the following budget gap-closing suggestions:
1. Freeze capital outlay and all non-essential line items.
2. Do not consider capital projects unless they will increase cash flow or
reduce expenses.
3. Fill all revenue-producing positions.
4. Eliminate all non-revenue-producing vacancies and upgrades.
5. Use seasonals whenever possible to eliminate overtime.
6. Eliminate the use of cellular telephones except when essential.
7. Eliminate the assignment of city vehicles except where essential.
8. Freeze all consultant contracts.
9. Reduce operating hours of community centers, pools,and other city
facilities.
10. Update building permit system to better monitor compliance.
11. Enhance use of Voice Mail and E-Mail to increase employee productivity and
cut costs.
12. Contract for demolitions in larger numbers, and do not allow for
emergency demolitions unless unavoidable.
13. Bid out asbestos removal prices and rates once or twice a year in two
phases: regular demolition and environmental removal; also consider contracting
directly with land fills.
14. Expand district heating program, using grant money, when available, to
connect to: UDC Niagara St., Waterfront School, Police Headquarters, Main Place
Mall, 134 W. Eagle, new Federal Building, St. Joseph's Cathedral, County Jail,
One M&T, and the Telephone Company.
15. Develop a centralized purchasing system to obtain better prices
involving the Board of Education, Sewer Authority, etc.
16.. Computerize all inventories.
17. Aggressively pursue the long-discussed joint computer system for the
city, the Board of Education and BURA.
18. Invite private businesses to help by providing technical assistance, or
by offering special discounts.
20. Put all unspent block grant money from Year 19 and earlier into separate
accounts and use them to alleviate the burden on the city budget whenever
acceptable under HUD regulations.
REFERRED TO THE COMMITTEE OF THE WHOLE AND THE MAYOR.
No. 190
By: Mr. Bell
Conserving Paper in City Hall
Whereas: Tremendous savings could be realized by keeping paper
use in City Hall at the minimum level necessary to insure the free flow of
information; and
Whereas: No effort has been made to evaluate City Hall paper use and suggest
alternatives; and
Whereas: The advent of E-Mail, copier machine improvements that allow
reliable twosided copying, and other technological advances point to areas
where significant savings could be realized; and
Whereas: This Council has actively sought to promote the use of both
recycled and chlorine-free paper in order to protect the environment; and
Whereas: The City has not made full use of environmentally friendly paper
because of its higher cost.
Now Therefore Be It Resolved, that:
This Common Council requests the Commissioner of General Services to survey
paper use in City Hall and develop a program to educate city workers on
conserving paper; and
Be It Further Resolved, that:
The Commissioner track the cost savings due to paper conservation and use that
money in equal measure to reduce the city's deficit and fund price preferences
for recycled and chlorine-free paper purchases by the city.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMMISSIONER OF GENERAL SERVICES
No. 191
By: Mr. Bell
Christmas Decorations at Former AM&A's Downtown
Whereas: For more than fifty years the residents of Buffalo and
Western New York have celebrated the Christmas season by coming downtown and
viewing the unique holiday decorations in the windows of the A,M&A's Department
Store; and
Whereas: The successor company of AM&A's, Bon-Ton Department Stores, has
decided to close the flagship Main Street Department Store; and
Whereas: The closing of the downtown AM&A's store will obviously have a
tremendous economic impact on the downtown business district, and the City of
Buffalo is aggressively pursuing new uses for the downtown landmark; and
Whereas: Among the many negative impacts of the closing of the downtown
A,M&A's store will be the loss of the Christmas window display, a charming and
nostalgic exhibit that was closely identified with Christmas downtown; and
Whereas: The loss of this display would send a dismal symbolic message to
the community and detract from the special traditional atmosphere that helped
make downtown Buffalo an extraordinary place to be during the Christmas season;
Now, Therefore Be It Resolved:
That this Common Council request that Bon-Ton Department Stores donate its
Christmas window display to the City of Buffalo or its designee, so that this
holiday tradition can be maintained and continue to contribute to the special
festive atmosphere that has long characterized Christmas downtown.
ADOPTED.
No. 192
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
$1,800 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said Sum is hereby Reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
$1,800
842 - Reserve for Capital Improvements
To:
81-8 Interfund Transfers
$1,800
010 - Transfer to Capital Projects Fund
From:
81-8 Interfund Transfers
$1,800
010 - Transfer to Capital Projects Fund
To:
200 Capital Projects
40-2 - Division of Buildings
$1,800
063 - Pool Reconstruction
PASSED.
AYES- 13 NOES- 0
No. 193
By: Mr. Collins
Transfer of Funds
Division of Budget and Management
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
$6,100 be transferred and reappropriated from the Division of Budget and
Management - Planning for Capital Projects account, and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
$6,100
00 I -Planning for Capital Projects
To:
200 Capital Projects
40-2 - Division of Buildings
$6,100
522 - Delaware Park Restoration
PASSED.
AYES- 13 NOES- 0
No. 194
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
$11,132 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
$11,132
842 - Reserve for Capital Improvements
To:
81-8 Interfund Transfers
$11,132
010 - Transfer to Capital Projects Fund
From:
81-8 Interfund Transfers
$11,132
010 - Transfer to Capital Projects Fund
To:
200 Capital Projects
40-2 - Division of Buildings
$11,132
068 - Reconstruction of Kleinhans Music Hall
PASSED.
AYES- 13 NOES- 0
No. 195
By: Mr. Collins
Transfer of Funds
Division of Development
Division of Parks
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
$5,000
be and the same is hereby transferred from the Division of Development
and said sum is hereby reappropriated as set forth below:
From:
200 Capital Project Fund
717 - Division of Development
$5,000
056 - Improvements to Roetzer Playground
To:
200 Capital Project Fund 601 - Division of Parks
$5,000
034 - Improvements to Fillmore District Parks
PASSED.
AYES- 13 NOES- 0
No. 196
By: Mr. Collins
Transfer of Funds
Department of Street Sanitation - Collection of Refuse & Street Cleaning
Department of Street Sanitation - Vermin & Animal Control
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
$15,000 be and the same is hereby transferred from the Department of Street
Sanitation - Collection of Refuse & Street Cleaning and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
700 - Department of Street Sanitation
011 - Collection of Refuse & Street Cleaning
433 - Salt & Sand $15,000
To:
100 General Fund
700 - Department of Street Sanitation
012 - Vermin & Animal Control
550 - Rental - Equipment/Buildings/Land $15,000
PASSED.
AYES- 13 NOES- 0
No. 197
By: Mr. Collins
Transfer of Funds
Department of Human Resources - Substance Abuse Services
Department of Human Resources - Exempt Items
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
$5,810 be and tile same is hereby transferred from the Division of Substance
Abuse Services and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
50 - Department of Human Resources
4- Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Program
110 - Salaries - Regular $5,810
To:
100 General Fund
085 - Exempt Items
982 - Office Equipment & Furnishings $5,810
PASSED.
AYES- 13 NOES- 0
No. 198
By: Mr. Collins
Transfer Of Funds
Common Council
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
$17,300
be and the same is hereby transferred from the Common Council and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
001 - Legislative
3,000
573 - Engineering and Technical Services $
008 - Councilmember Helfer
$13,000
110 - Salaries - Regular
013 - Councilmember Zuchlewski
305 - Meals and Lodging 750
306 - Registration Fees
550
To:
100 General Fund
010 - Common Council
001 - Legislative
112 - Temporary Services ( Helfer) $8,000
085 - Exempt Items
982 - Office Equipment & Furnishings
(upgrade computers in Councilmember
Miller-William's Office $3,000)
(upgrade computers and purchase a printer
in Councilmember Helfer's Office $5,000)
(purchase new carpeting for Councilmember
$9,300
Zuchlewski's Office $1,300)
PASSED.
AYES- 13 NOES- 0
No. 199
By: Mr. Collins
Voluntary Program To Reduce City
Deficit Through Payroll Deferments
Whereas: City government currently faces extremely tough choices
in order to remain financially solvent; and
Whereas: Each of the options involving cutting services and jobs or
raising taxes have extensive negative ramifications that would send the city on
a downward spiral; and
Whereas: Creative solutions that involve sharing sacrifices for the
common good are in order; and
Whereas: The city payroll currently averages approximately $5.5 million
every two weeks; and
Whereas: The payroll is an area of city spending where a small sacrifice
by each city employee can add up to a significant combined savings;
Now Therefore Be It Resolved, that:
This Common Council endorses the following policy and requests the
Masiello administration to negotiate with the city's unions and directly with
city employees to develop acceptance of the policy in order to avoid the need
for any further layoffs:
Each employee of the city will defer 2 hours of pay per week and as a
result will take home 9 and 1/2 days pay for every ten days worked in a pay
period; and
This money will be refunded to each employee upon his or her retirement
or, in the event that the city's finances improve, as soon as dollars become
available.
REFERRED TO THE COMMITTEE OF THE WHOLE, ALL DEPARTMENT HEADS AND ALL CITY
UNIONS.
No. 200
By: Mr. Collins
Federal Commission on Drug Policy
Whereas: The overall situation regarding the use of drugs in our
society, and the crime and misery that accompanies it, has continued to
deteriorate for several decades; and
Whereas: Our society has continued to attempt, at enormous financial cost
and loss of civil liberties, to resolve drug abuse problems through the
criminal justice system, with the ac companying increases of prisons and
numbers of inmates; and
Whereas: The huge untaxed revenues generated by the illicit drug trade
are undermining legitimate governments worldwide; and
Whereas: The present system has spawned a cycle of hostility through the
incarceration of disproportionate numbers of African-Americans, Hispanic, and
other minority groups; and
Whereas: The number of people who have contracted AIDS, hepatitis, and
other diseases from contaminated hypodermic needles is epidemic under our
present system; and
Whereas: Federal authorities have failed to impede the flow of illegal
drugs across our borders; and
Whereas: The local law enforcement authorities do not have ability to
control street sales of narcotics; and
Whereas: In our society's zeal to pursue our criminal approach,
legitimate medical uses for the relief of pain and suffering of patients have
been suppressed.
Now, Therefore, Be It Resolved:
That our society must recognize drug use and abuse as the medical and
social problems that they are and they must be treated with medical and social
solutions; and
Be It Further Resolved:
That an objective commission be immediately empowered by the President
and by the Congress to recommend revisions of the drug laws of these United
States in order to reduce the harm our current policies are causing; and
Be It Finally Resolved:
That the City Clerk forward certified copies of this resolution to the
President of the United States, Dr. Lee Brown, Director of the Office of
National Drug Control Policy, United States Senators Moynihan and D'Amato,
Congressman Quinn, and the Western New York Assembly and Senate Delegations.
ADOPTED.
No. 201
By: Mr. Collins
Appointment of Legislative Assistant
Be It Resolved:
That Odessa R. Washington, 43 Bennett Village Terrace, Buffalo,NY, be
appointed as Legislative Assistant to Council member, effective February 28,
1995.
ADOPTED.
No. 202
By: Mr. Coppola
Amend Traffic Ordinance
24 Hour On-Street Parking
Whereas: Subdivision (16) "No parking over 24 hours" of Section
15 of Chapter 479- Traffic Ordinances- of the City of Buffalo stipulates that
"no motor or other vehicle shall be parked or left standing on any street of
the City of Buffalo for the period of twenty-four consecutive hours."; and
Whereas: While this regulation is an effective tool in insuring turnover
of limited available on-street parking and in monitoring abandoned vehicles, it
also creates an added, cumbersome burden on vehicle owners who must park on
streets because they do not have access to alternative parking sites; and
Whereas: Vehicles which are otherwise legally parked on the correct side
of the street, but which have not been moved in a 24 hour period because the
owner may be ill, out of town or chooses to use public transportation instead
of the car, are still technically and legally subject to being cited with a
parking violation; and
Whereas: An additional concern about Subdivision (16) is that the
language does not specifically state that a vehicle is subject to a violation
if it is not moved from a specific parking spot, but that it is "parked or left
standing on any street of the City";
Now Therefore, Be It Resolved:
That this Common Council direct the Corporation Counsel to prepare an
ordinance amendment to Chapter 479- Traffic Ordinances that would amend Section
15, Subsection (16)-"No parking over 72 hours."
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 203
By: Mr. Coppola
Propose Sale of Erie Basin Marina
Whereas: The City of Buffalo owns the Erie Basin Marina, a boat
harbor, marina, a multi-purpose recreational and food service facility; and
Whereas: The Marina is leased to a private operator, but the city bears
the responsibility of maintaining and providing such things as street lighting,
roadways, parking lots, sidewalks, seawalls, gardens, buildings, roofs, walls,
and foundations; and
Whereas: The state of the city's fiscal problems has compelled us to
review the city's assets and contemplate the sale of city assets to offset any
layoffs or incur more debt; and
Whereas: The value of such a unique piece of property is unknown; and
Now Therefore Be It Resolved That:
The Common Council requests the Division of Real Estate and the
Department of Assessment to perform appraisals of the Erie Basin Marina; and
Be It Further Resolved:
That the Aud Club, Inc. and their parent company, Niagara Frontier
Hockey, L.P. be asked to reply to this resolution, specifically addressing
their interest, if any, on purchasing the Erie Basin Marina from the City of
Buffalo; and
Be It Finally Resolved:
That the City Clerk forward a certified copy of this resolution to George
O. Bergantz, President of the Aud Club, Inc., the Comptroller's Office, and the
Department of Assessment.
REFERRED TO THE ERIE BASIN MARINA LEASE COMMITTEE, THE COMPTROLLER, THE
COMMISSIONER OF ASSESSMENT, THE CORPORATION COUNSEL AND THE BUFFALO SABRES.
No. 204
By: Mr. Coppola
Employee Payroll Deferment
Whereas: The City of Buffalo is facing horrific choices due to
its financial circumstances; and
Whereas: Raising taxes is not a viable option as taxpayers have already
been pushed to the limit; and
Whereas: Cutting services any further threatens Buffalo's long term
survival as a city; and
Whereas: Likewise, further cutting of city jobs will inevitably impact
services, as most city departments are already operating with skeletal crews;
and
Whereas: Immediate measures are needed to balance this year's budget;
Now Therefore Be It Resolved, that:
This Council requests the enactment of the following program to help
balance this year's budget:
All employees paid by the city of Buffalo, including commissioners and
elected officials, will receive 9 days pay for 10 days work until a total
savings is achieved that will prevent any more layoffs of city employees this
year. It is projected that the amount needed is $2.5 million and that it will
take five pay periods to reach this amount.
Each employee will be credited with the amount of pay they are owed and
the total amount owed will be given to each employee on their retirement.
REFERRED TO THE COMMITTEE OF THE WHOLE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE, ALL DEPARTMENT HEADS AND ALL CITY UNIONS.
No. 205
By: Mr. Coppola
Proposal To Balance Budget
Whereas: The City of Buffalo is facing horrific choices due to
its financial circumstances; and
Whereas: Raising taxes is not a viable option as taxpayers have already
been pushed to the limit; and
Whereas: Cutting services any further threatens Buffalo's long term
survival as a city; and
Whereas: Likewise, further cutting of city jobs will inevitably impact
services, as most city departments are already operating with skeletal crews;
and
Whereas: Immediate measures are needed to balance this year's budget;
Now Therefore Be It Resolved,, that:
This Council requests the enactment of the following program to help
balance this year's budget:
All employees paid by the city of Buffalo, including commissioners and
elected officials, will work deferred "share the pain" days until a total
savings is achieved that will prevent any more layoffs of city employees this
year. It is projected that the amount needed is $2.5 million and that it will
take five pay periods to reach this amount.
The "share the pain" days will be required as follows:
1. All employees who have grossed over $37,500 by the end of March,
1995, that is those who can be expected to earn more than $50,000 this year,
will be paid for 8 days per 10 day pay period for the duration of this program;
2. All employees whose total annual pay is set at less than $20,000
will be paid for 9 days per 10 day pay period for every other pay period during
this program. In other words, they will be paid for 19 of every 20 days
worked;
3. All other city employees (those projected at between $20,000 and
$50,000 for this year), will be paid for 9 days per 10 day pay period for the
duration of this program;
4. Each employee will be credited with the amount of pay they are owed
for "share the pain" days and the total amount owed will be given to each
employee on their retirement; and
Be It Further Resolved, that:
To bolster the future fiscal stability of the city, this Council will
work with the Mayor to set up a Blue Ribbon Panel to explore the following
options:
Instituting user fees on city services to ensure that all those who
benefit from these services will pay for them on an equitable basis;
Consolidating services with other levels of government to ensure that tax
dollars are not paying for redundant levels of government.
REFERRED TO THE COMMITTEE OF THE WHOLE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND ALL CITY UNIONS.
No. 206
By: Mr. Czajka
Accept Funds for the Common Council
Good Neighbor Committee
Whereas: The Common Council has appointed a Good Neighbor Committee
to negotiate with companies in the Seneca-Babcock neighborhood to cut
pollution, reduce hazards and increase understanding between the residents and
the companies; and
Whereas: The Good Neighbor Committee has made considerable progress in
opening discussions with some of the companies; and
Whereas: The Atlantic States Legal Foundation has recently negotiated an
environmental consent decree with Buffalo Envelope Inc. and part of the fine
involved is earmarked for the Good Neighbor Committee; and
Whereas: In its suits, Atlantic States often directs that punitive fines
provided for in the law be paid to organizations that are working to prevent
environmental problems; and
Whereas: In the suit in question parts of the fine are directed to the
Southtowns Hazardous Materials Team, the Erie County Local Emergency Planning
Committee and the Working Group on Community Right to Know, in addition to the
Council on behalf of the Good Neighbor Committee.
Whereas: According to the consent decree, "the money shall be used by the
City of Buffalo Good Neighbor Committee to further its efforts, including
training, development and public education related to toxic chemical use and
accident risk reduction";
Now Therefore Be It Resolved, that:
This Common Council accepts the $5,000 in funds provided for the Council
Good Neighbor Committee in the consent decree between the Atlantic States Legal
Foundation and Buffalo Envelope Inc. ; and
Be It Further Resolved, that:
This Council requests the Comptroller's office to set up a Trust and
Agency account for the administration of these funds by the Good Neighbor
Committee through the office of the City Clerk.
PASSED.
AYES- 13 NOES- 0
No. 207
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C. C. P., June
26, 1979, established a specific procedure for payment of claims of $100.00 or
less and Claims under Section 207 (a) and (c) of the General Municipal Law,
which pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof,
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Mallory H. Heard
Claim for loss of garbage cans at 204 Dutton Ave $ 13.00
2. Eileen Keller
Claim for loss of garbage can at 106 Pacific. $ 10.00
3. M. Samluk
Claim for loss of garbage can at 77 Ladner Street. $ 10.50
4. Shea's Performing Arts Center
Claim for refund of a performance permit for an event that was
canceled for Amusement License #469. $ 52.50
5. Dorothelia Williams
Claim for loss of three garbage cans at 689 Kensington Ave.
$ 25.00
nvestigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0
No. 208
By: Mr. Helfer
Waive Fee - Certificate of Occupancy - City Owned Building
Whereas: The building at 2969 Bailey Avenue is a city owned structure
leased to and operated by the Ken-Bailey Community Center; and
Whereas: The New York State Department of Social Services requires a
Certificate of Occupancy in order for the Ken-Bailey Community Center to run an
after school lunch program for area students; and
Whereas: It seems inappropriate for the City of Buffalo to charge the
community center for a Certificate of Occupancy in a building which is owned by
the city;
Now, Therefore, Be It Resolved:
That Common Council waive the seventy-five dollar Certificate of
Occupancy fee for 2969 Bailey Avenue.
PASSED.
AYES- 13 NOES- 0
No. 209
By: Mrs. LoTempio
Freeze Spending Council Accounts
Whereas: The City of Buffalo is mired in a $4.3 million budget
deficit for the current fiscal year; and
Whereas: The Mayor, through the Budget Division of the Department of
Administration and Finance, has proposed measures to try to reduce the budget
gap; and
Whereas: The administration's measures, even if all were approved, will
not completely close the deficit in this year's operating budget; and
Whereas: One of the measures proposed by the administration is to freeze
spending in the 300 line accounts (Travel and Transportation), the 400 accounts
(Materials and Supplies), and the 500 accounts (Purchase of Services) to try to
cut $500,000 in spending; and
Whereas: Another proposal from the administration was to freeze hiring
new employees and to layoff temporary employees; and
Whereas: It is incumbent on this Common Council to assist in trying to
eliminate the operating deficit; and
Whereas: The Common Council should put a freeze on all of its 300, 400,
and 500 accounts similar to the proposal put forth by the administration, a
freeze on unexpended car allowance, and should, at the very least, freeze
hiring for all vacant temporary or permanent positions for the balance of this
fiscal year, except in emergency situations so deemed by the Council President;
Now, Therefore, Be It Resolved:
That the Common Council place a freeze on all non-essential spending from
the 300, 400, and 500 accounts, a freeze on unexpended car allowance, and a
freeze on filling any temporary or permanent positions in the Common Council
Legislative function - 010-001, the City Clerk - 010-002, and the Council
President - 020-001, unless deemed absolutely necessary by the Council
President.
REFERRED TO THE COMMITTEE ON FINANCE, THE COUNCIL PRESIDENT AND THE CITY CLERK.
No. 210
By: Mrs. LoTempio
Amend Effective Date of Smoking Ordinance
Whereas: "Chapter 399 - Smoking" of the Code of the City of Buffalo,
recently passed by the Common Council, prohibits smoking in any city owned
building or vehicle after April 1, 1995; and
Whereas: Certain facilities in city owned buildings, such as the Aud
Club, Pettibones, and the Mary Seton Room in Kleinhans are used for private
functions such as weddings, banquets, fund-raisers, and other social events;
and
Whereas: In many cases, use of the room is booked many months, and
sometimes years, in advance;and
Whereas: Concern has been expressed that the imposition of the smoking
ban on April 1, 1995 will jeopardize commitments for facility usage made with
the understanding that there were no smoking restrictions; and
Whereas: Postponing the effective date of the smoking ban will enable the
management of these facilities to meet existing obligations without conflict as
well as providing time to implement the necessary steps to market the
facilities as ones with smoking restrictions;
Now, Therefore, Be It Resolved:
That the Common Council direct the Corporation Counsel to prepare an
amendment to Chapter 399 - Smoking of the Code of the City which would make
January 1, 1996 the effective date of the smoking ban for all city buildings
that are utilized as private rental facilities; and
Be It Further Resolved:
That this amendment be filed with this Common Council by 2 PM on
Thursday, March 16, 1995.
Mrs. LoTempio moved to adopt the item. Seconded by Mrs. Lockwood.
Mr. Bell moved to amend the motion to Receive and File.
Seconded by Mr. Czajka.
LOST.
AYES- BELL, CZAJKA- 2
NOES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
Mrs. LoTempio now moved her original motion to approve.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- BELL, CZAJKA- 2
No. 211
By: Mrs. Lotempio
Salary Ordinance Amendment
50 - Department of Human Resources
4 - Division of Substance Abuse Services
012 - Buffalo Municipal Housing Authority Program
112 - Temporary Services
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 50-4-012 Department of Human Resources - Division of
Substance Abuse Services - Buffalo Municipal Housing Authority Program, is
hereby amended to read the inclusion of-
4 Art Program Aide $10.00 per Hour
(Part Time - not to exceed 20 hours per week)
We, Michael V. Smith, Commissioner of Human Resources and James B.
Milroy, Director of the Budget, hereby certify that four (4) Art Program Aides
on a Part Time basis is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said positions be fixed at the amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the above
position containing statements of the duties of such position, have been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 212
By: Mrs. Lotempio
Salary Ordinance Amendment
050 - Civil Service Commission
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinance of the City of
Buffalo, relating to 05-0-001 Civil Service Commission which reads:
1 Typist $20,215 - $22,420
is hereby amended to read:
2 Typist $20,215 - $22,420
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Paschal Rubino, President Civil Service Commission and James B.
Milroy, Director of the Budget, hereby certify that the addition of one (1)
Typist is necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for
said position be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing statements of the duties of such position, have been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0
No. 213
By: Mrs. Lotempio
Salary Ordinance Amendment
98 - Department of Water
022 - Engineering & Inspection of Water Line
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 3 5 Of the Ordinance of the City of
Buffalo, relating to 980-022 - Department of Water - Engineering & Inspection
of Water Line which reads:
1 Principal Engineer $48,930 - $51,377
is hereby amended to read:
1 Principal Engineer $40,317 - $51,377
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Joe Giambra, Commissioner of Public Works and James B. Milroy,
Director of the Budget, hereby certify that the change in the salary range is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing statements of the duties of such position, have been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0
No. 214
By: Mrs. LoTempio
Ordinance Amendment
Chapter 216 Garbage, Rubbish and Refuse
Section 14 Placement of Materials for Collection
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 216 Garbage Rubbish and Refuse, Section 14 Placement of
Materials for Collection of the Code of the City of Buffalo be amended to read
as follows:
216-14. Placement of Materials for Collection; penalties and offenses
A. No person shall deposit or leave or cause or allow any of his
subordinate tenants to deposit or leave in any public street or public place
any dirt, ashes rubbish, garbage, trash or other waste materials, unless the
same are in pro receptacles, [eight (8) hours] not more than twelve (12) hours
prior to the time of the regular collection as provided.
Note: Matter underlined is new. Matter in [] brackets to be deleted.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON FINANCE.
No. 215
By: Mr. Perla
Connecticut St. Urban Renewal Plan Amendment
Whereas, on July 26, 1983, C.C.P. No. 181, the Common Council
of the City of Buffalo approved the Connecticut Street Urban Renewal Plan as a
way to preserve commercial activity along Connecticut Street; and
Whereas, changes in economic conditions occurred in the area; and
Whereas, changes in retail shopping patterns impacted the Connecticut
Street Business District adversely; and
Whereas, the City Planning Board gave its unqualified approval, at their
meeting of February 28, 1995, to approve the amended Connecticut Street Urban
Renewal Plan; and
Now Therefore, Be It Resolved: that the Common Council of the City of
Buffalo hold a public hearing April 4, 1995, and amend the Connecticut Urban
Renewal Plan as follows:
A. INTRODUCTION:
The Connecticut Street Area was a neighborhood commercial area which once
contained scores of neighborhood businesses. Changes in the surrounding
residential fabric as well as different retail shopping patterns have impacted
the Connecticut street business district adversely and has resulted in a
preponderance of vacant land or under-utilized property. As the spatial
requirements of strip commercial streets like Connecticut Street continue to
evolve so does the need to develop new housing both as a method of creating new
neighborhoods in themselves and as a way to complement existing or proposed non
residential development. Thinking which led to the development of districts of
similar uses i.e. districts used exclusively for residential or commercial
purposes no longer dominate redevelopment. This mind set has been replaced
with a more flexible approach to land use planning which seeks to combine
compatible uses to create urban villages which stress the positive interactions
of such uses and the forging of a meaningful urban lifestyle.
The amended plan for the Connecticut Street Urban Renewal District seeks to
establish such a community or urban village.
B. BOUNDARY DESCRIPTION: (SAME)
C. LAND USE PLAN PROVISIONS AND BUILDING REQUIREMENTS: (SEE EXHIBIT 1):
D.PROJECT PROPOSALS: (ADDITION OF EXHIBIT H, DATED 2/17/95, LAND ACQUISITION
MAP)
E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS: (SAME)
F. PROCEDURES FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN:
The provisions of this Urban Renewal Plan may be amended at any time, by the
Common Council of the City of Buffalo, provided that a public hearing be held
and that the recommendations from the City Planning Board are filled with the
Common Council.
G. DESIGN STANDARDS AND OTHER REQUIREMENTS: (REPEALED)
EXHIBIT I
CONNECTICUT STREET URBAN RENEWAL PLAN
LAND USE PLAN
Permitted Uses
:
Any of the uses which are presently permitted pursuant to Chapter 511 of the
Buffalo Code or which may be established or extended as a matter of right
pursuant to said chapter shall be permitted uses in the Connecticut Street
Urban Redevelopment District.
Height Restrictions
:
Notwithstanding any other provisions of Chapter 511 of the Buffalo Code the
maximum height shall not exceed six stories, not to exceed 66 feet.
Exceptions to height regulations may be granted by the Commissioner of
Community Development upon receipt of a recommendation by the City Planning
Board,
Lot Area and Yard Requirements:
Lot Area, yards and courts for dwellings and dwelling portions of buildings
shall be the same as in the R3 district except that the Commissioner of
Community Development may allow lots which are not permitted therein where he
feels that a substandard lot, and the dwelling thereon, would be appropriate
for the Connecticut Street Urban Revitalization District and that said dwelling
would conform to the applicable building codes of the City of Buffalo.
Front yard for commercial or institutional buildings: none, except that where
part of the block frontage is located in an R district, the front yard
requirement of such R district shall apply to the Connecticut Street Urban
Revitalization District, but this provision shall not be interpreted to require
a front yard greater that the setback of any building existing in the same
block frontage.
Minimum yard for commercial building adjacent to an R District side lot line:
Where the side or rear of a lot in the Connecticut Urban Revitalization
District adjoins the side lot line of a parcel of land in any R District, no
principal or accessory building shall be erected on such a lot nearer than five
feet to such side lot where within sixty feet of a street lot line. On that
portion of the lot within the Connecticut Street Urban Revitalization District
and within twenty five feet of the R property lot line, no principal or
accessory building shall be erected nearer to the street line than the front
yard depth required in the R District.
Exceptions to area regulations may be granted by the Commissioner of Community
Development upon receipt of a recommendation by the City Planning Board.
Off Street Parking and Loading:
Off street parking and loading requirements in the Connecticut Street Urban
Revitalization District shall be the same as in Article XIX , Section 511 of
the Buffalo Code except that off street parking required for apartment houses
designed for and occupied by persons sixty years of age or older and/or by
people with handicapping conditions shall be one for every four dwelling units.
Where applicable the screening requirements for off street parking shall be the
same as in Section 511-97 of the Buffalo Code except that screening other than
a solid wood fence or a masonry wall must be approved by the Commissioner of
Community Development upon receipt of a recommendation by the City Planning
Board.
Site Plan Review:
The City Planning Board is hereby authorized to review and approve, approve
with modifications or disapprove site plans for all new construction in the
Connecticut Street Urban Revitalization Area.
A sketch plan conference may be held between the Commissioner of Community
Development, the Planning Division and the developer prior to the submission of
a formal site plan. The intent of such conference is to advise the developer
as to potential problems and concerns and to generally determine the
information to be required on the site plan. In order to accomplish these
objectives, the applicant shall provide the following:
A statement and sketch plan showing the locations and dimensions of
principal and accessory structures, parking areas, access signs (with
descriptions), existing and proposed vegetation and other planned features;
anticipated changes in the existing topography and natural features; and, when
applicable any changes to existing structures; and
An area map showing the parcel under consideration for site plan review
and all properties, streets, rights-of-way, easements and other pertinent
features within 200 feet of the boundaries of the parcel.
Application requirements, An application for the Plan approval shall be made in
writing to the Director of Planning and shall be accompanied by information
contained on the following checklist.
The Site Plan Shall show the Following:
Scale and north arrow:one inch equals 20 feet suggested
All property and street pavement lines
Existing and proposed contours
Gross area of development parcel in square feet and total floor area in square
feet. Off street parking configuration
Proposed ingress and egress to the site, including on-site parking areas.
Delineate traffic flows with traffic arrows.
Designation of required screening between parking and adjacent areas.
Location of existing landscaping that will be retained and proposed landscaping
differentiated and shown on the plan. The street size, number and spacing of
all planting must be illustrated.
Location of all proposed buildings on the site and all buildings within 50 feet
of the site's boundaries.
Location of all proposed lighting standards and signs.
Elevations:
Complete Street elevations of all proposed construction and landscaping
elements containing the following information:
Scale of one inch equals one fourth inch suggested.
All signs to be mounted on structures or free standing.
Designation of kind, color and textures of all materials to be used.
Material Samples.
Evidence of site control.
An estimated project construction schedule.
Part one of a Full Environmental Assessment Form pursuant to S.E.O.R.General
standards and considerations.
The Planning Board review of the site plan shall include, as appropriate, but
not be limited to the following:
Location, arrangement, size, design and general site compatibility of building,
lighting and signs.
Adequacy and arrangement of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic controls.
Location, arrangement, appearance and sufficiency of off street parking and
loading.
Adequacy and arrangement of pedestrian traffic access and circulation,
walkways, structures, control of intersections with vehicular traffic and
overall pedestrian convenience.
Adequacy, type and arrangement of trees, shrubs and other landscaping elements
constituting a visual and or noise buffer between the developer and adjoining
land, including the maximum retention of existing vegetation.
Overall impact on the neighborhood, including compatibility of the proposed
design.
Planning Board decision:
Within 15 days of the receipt of the application for site plan approval the
Planning Board will render a decision.
Approval:
Upon approval of the site plan the Planning Board shall endorse its approval on
a copy of the site plan and shall immediately file it and a written statement
of approval with the Commissioner of Community Development for inclusion in the
Land Disposition Agreement for the proposed development.
Approval with modifications:
The planning Board may conditionally approve the site plan. A copy of the
written statement containing the modifications required by the conditional
approval will be mailed to the developer by certified mail. After adequate
demonstration that all the conditions have been met the Planning Board shall
endorse its approval on a copy of the revised site plan and shall immediately
file it and a written statement of conditional approval with the Commissioner
of Community Development for inclusion inn the land Disposition Agreement for
the proposed development.
Disapproval:
Upon disapproval of the site plan, the decision of the Planning Board shall
immediately be filed with the Commissioner of Community Development for
inclusion in the Land Disposition Agreement for the proposed development.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 216
By: Mr. Pitts
Support For Restoring Funding to the Neighborhood
Based Alliance
Whereas: The Neighborhood Based Alliance is a state funded organization
that has had a tremendous impact on the Buffalo area; and
Whereas: Governor Pataki has eliminated funding for the Alliance in his
proposed budget; and
Whereas: The Alliance's programs have included "top down-bottom up"
collaborations in the areas of job training, economic development, grants
services, case management, parent education and lead poisoning risk
assessments; and
Whereas: In addition the Alliance recently won a grant to provide lead
-safe housing that will be very useful to the city in its efforts to combat
lead poisoning; and
Whereas: The costs of funding the Alliance have been more than paid back
in the form of grants secured, people returned to the workforce where they are
now gainfully employed and paying taxes, and children protected from lead
poisoning; and
Whereas: The above listed benefits that can be measured in dollars are
augmented by the sense of hope that Alliance programs have given to thousands
of Buffalonians; and
Whereas: Cutting programs such as the Neighborhood Based Alliance is a
shortsighted measure that can be made to look good in a soundbite, but in
reality such cuts are very expensive in terms of their ultimate impact the on
economy;
Now Therefore Be It Resolved, that:
This Common Council urges Governor Pataki and the state legislature to
restore funding for the Neighborhood Based Alliance; and
Be It Further Resolved, that:
The City Clerk is directed to send certified copies of this resolution to
Governor Pataki, the Secretary of the Senate, the Clerk of the Assembly and the
entire Western New York legislative delegation.
ADOPTED.
No. 217
By: Mr. Pitts
Citizen Complaint Forms- Police Department
Whereas: The Common Council, through various resolutions over
the past several years, has requested that the Police Department reorganize the
citizen complaint process; and
Whereas: As part of its report for Police Department Reorganization, the
Common Council endorsed recommendations made by the International Association
of Chiefs of Police (IACP) which included restructuring the Division of
Internal Affairs, developing a better citizen complaint form, preparing a
brochure to inform citizens on procedures for making complaints, developing
better record keeping methods, responding to citizens in a more timely fashion,
organizing a citizen's advisory committee,etc.; and
Whereas: In addition, Councilmembers have requested that Police Officers
receive more "sensitivity training" to better serve the community with respect
and dignity; and
Whereas: The Commissioner of Police has acted on these recommendations
and prepared the attached letter and complaint forms; and
Whereas: The Common Council Police Reorganization Committee should review
the citizen complaint process developed by the Commissioner of Police;
Now, Therefore, Be It Resolved:
That the Common Council request the Commissioner of Police to attend the
next meeting of the Police Reorganization Committee to explain the citizen
complaint process in greater detail and to respond to any questions or
suggestions regarding the complaint process.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 218
By: Mr. Pitts
CDBG Section 108 Funds
Towne Gardens, Ltd.
Whereas, on October 29, 1991, Item # 123, the Common Council of
the City of Buffalo passed a resolution authorizing a $5,000,000.00 United
States Department of Housing and Urban Development Section 108 Loan; and
Whereas, on July 26, 1994, Item #284, the Common Council of the City of
Buffalo passed a resolution authorizing $1,700,000.00 of the above approval for
the Towne Gardens Project; and
Whereas, there is a need for additional financing and a clarification of
lien position.
Now, Therefore, Be It Resolved:
1. That the City of Buffalo and the City of Buffalo Urban Renewal
Agency are hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United
States Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its
Community Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise
Development Corporation.
d. The loan shall be granted to Towne Gardens, Ltd. (hereinafter
referred to as "Tow-ne Gardens,,)-
e. The loan shall be secured by a third mortgage and assignment of
rents/contracts on 421-465 William Street and the residential units on Clinton,
William, Hickory and Jefferson Avenues, subject to mortgages in the amount of
$9,543,550.00;
2. That the Mayor of the City of Buffalo and the Commissioner of
Community Development acting in their capacities as Mayor and Commissioner, or
Chairman and Vice-Chairman of the City of Buffalo Urban Renewal Agency,
respectively, are hereby authorized to execute any and all documents deemed
necessary by their appropriate legal counsel to effect this resolution.
PASSED.
AYES- 13 NOES- 0
No. 219
By: Mr. Pitts
259 Laurel Street
Whereas: The City of Buffalo has charged Michael L. Ogden fifty
dollars ($50.00) for grass cutting. Supposedly, the Streets Department cut the
lot at 259 Laurel Street in September of 1994; and
Whereas: Mr. Ogden contends that the City never cut the grass at 259
Laurel Street. He further states that he has owned the lot for ten years and
the City has never cut the grass. " I cut the grass myself, as can be
witnessed by my neighbors. "; and
Whereas: Mr. Ogden contacted the Streets Commissioner's office only to
find that the Commissioner of Streets did not have a record of the work; and
Now, Therefore Be It Resolved:
That the Common Council finds that the fifty dollars ($50.00) charged for
grass cutting at 259 Laurel Street is in error; and
Be It Further Resolved:
That the Common Council requests that the Commissioner of Assessment,
Streets Commissioner and City Treasurer remove the charge from the property.
PASSED.
AYES- 13 NOES- 0
No. 220
By: Mr. Pitts
Memorialization for Renovation of
Studio Arena Theatre
Whereas: The Studio Arena Theatre located at 710 Main Street in
the City of Buffalo Theatre District has an opportunity to apply for monies
available through the New York State Office of Parks and Recreation, and
Whereas: The monies available will allow the theatre to renovate
under-utilized space in the building. Additional space will be designed to
accommodate additional theatre school classes, and
Whereas: The grant which Studio Arena seeks is $169,600. However, the
total renovation cost will approximate $339,200. The Theatre's Board has
initiated a capital fund drive to raise the remaining monies, and
Whereas: In order to consummate its application the Studio Arena requires
a resolution of endorsement from the City of Buffalo to be sent to the New York
State Office of Parks and Recreation posthaste, and
Whereas: The Studio Arena Theatre is one of the premier showcases in
Downtown Buffalo. Its renovation to enhance its artistic contributions has to
be met with intense enthusiasm and gratitude by the City of Buffalo.
Now Therefore Be It Resolved That:
The Common Council, and the Mayor of the City of Buffalo totally endorses
the Studio Arena Theatre's application for funding through the New York State
Office of Parks and Recreation.
Further Be It Resolved That:
Raymond Bonnard, Producing Director of Studio Arena Theatre, is
authorized and directed to file an application on forms prescribed by the New
York State Office of Parks and Recreation in accordance with the provisions of
Title 9 of the Environmental Protection Act of 1993 in an amount not to exceed
$169,600.
Further Be It Resolved That:
Mr. Raymond Bonnard on behalf of Studio Arena Theatre, upon approval of
the grant is authorized to execute an agreement with the State and in
conjunction with the City if necessary, to develop a multi-purpose room and
reclaim office space in the Buffalo Urban Cultural Park at 710 Main Street.
PASSED.
AYES- 13 NOES- 0
No. 221
By: Mr. Pitts
Permission Erect Banner-Buffalo's Spring Antique Extravaganza
Whereas: Buffalo's Spring Antique Extravaganza will be held at
the Buffalo Convention Center on April 1 & 2, 1995 ; and
Whereas: Western New Yorkers and people from neighboring states,
Pennsylvania and Ohio, as well as people from Canada will be enjoying Buffalo
Hospitality. The hotels and restaurants in the downtown vicinity serving
lunches will benefit from Buffalo's Spring Antique Extravaganza ; and
Whereas: In order to promote this event, the sponsor requests permission
to erect a banner at Niagara Square from March 15 through April 2, 1995 ; and
Now, Therefore Be It Resolved;
That the Common Council authorize Buffalo's Spring Antique Extravaganza
sponsor to erect a banner at Niagara Square ;and
Be It Further Resolved:
That permission be subject to conditions put forth by the
Commissioner of Public Works.
PASSED.
AYES- 13 NOES- 0
No. 222
By: Mr. Pitts
Authorize Acceptance of Special Purpose Grant for Renovations
to Existing Public Facilities
Whereas, Public Law 103-327, the Appropriations Act of 1995,
directs the U. S. Department of Housing and Urban Development (H.U.D.) to
provide funds for 258 Special Purpose Grants; and
Whereas. the Common Council of the City of Buffalo authorized the Mayor
of the City of Buffalo to submit a Special Purpose Grant Application for the
renovation of existing public facilities to H.U.D. (Item No. 161, C.C.P.
February 21, 1995); and
Whereas, H.U.D. has awarded the City of Buffalo $1.500,000 for the
renovation of existing public facilities; more specifically, Kleinhans Music
Hall.
Now, Therefore, Be It Resolved by the Common Council of the City of
Buffalo that:
The Mayor be, and hereby is, authorized on behalf of the City of Buffalo
to accept the Special Purpose Grant tendered by H.U.D.
The Mayor is authorized to enter into all necessary agreements and
contracts to assure the prompt and expeditious implementation of the project.
The Mayor is further authorized to execute such other actions as may be
necessary to effectuate the purpose of the Special Purpose Grant, and this
resolution.
The City Comptroller be directed to establish a Trust and Agency Account,
which shall be for the receipt of Special Purpose Grant funds.
The City Comptroller be directed to arrange an interfund cash loan for
the purpose of administering the aforementioned grant since said grant will be
received on a reimbursement basis.
PASSED.
AYES- 13 NOES- 0
No. 223
By: Messers. Pitts and Czajka
Free Cable at Machnica Center
Whereas: The Peter J. Machnica Center at 1799 Clinton St. is a
facility that is owned and operated by the City of Buffalo; and
Whereas: According to the terms of its franchise agreement, TCI of New York
is required to provide free cable installation and service to all city-owned
facilities;
Now, Therefore, Be It Resolved:
That this Common Council requests that TCI of New York provide free cable
service to the Peter J. Machnica Center at 1799 Clinton St.; and
Be It Further Resolved:
That the City Clerk forward a certified copy of these resolution to TCI
of New York.
ADOPTED.
No. 224
By: Messers Pitts and Bell
Common Council Review of Purchase of Land Bounded by Mississippi
and Baltimore Streets
Whereas: The Buffalo Urban Renewal Agency approved a contract for
the purchase of land bounded by Mississippi and Baltimore Streets, Perry and
South Park Avenue. The amount of the purchase is $772,000, and
Whereas: Although the agreement was approved by B.U.R.A., negotiations are
still continuing. The final terms of the agreement will be decided later by
the Chairman of B.U.R.A. and its Counsel, and
Whereas: While it is expeditious to move this purchase in order to continue
progress on the construction of the Crossroads Arena, there are a number of
questions concerning the efficacy approving an agreement which has not been
finalized, and
Whereas: The purchase of this property has considerable financial risks
which may inure to the City of Buffalo, and
Whereas: The unresolved issues as well as the ongoing negotiations should be
monitored.
Now Therefore Be It Resolved That:
The Common Council review the B. U.R.A. contract for the purchase of the
land bounded by Mississippi and Baltimore, Perry and South Park Avenue.
Be It Further Resolved That:
The Common Council's Urban Renewal Agency Committee requests that
B.U.R.A. provide a full report of the present negotiations.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 225
By: Ms. Miller-Williams
Authorize Acceptance of Special
Purpose Grant for Construction of
War Memorial Field House Project
Whereas, Public Law 102-226, the Appropriations Act of 1992, directs
the U. S. Department of Housing and Urban Development (HUD) to provide funds
for 137 Special Purpose Grants; and
Whereas, the Common Council of the City of Buffalo authorized the Mayor
of the City of Buffalo to submit a Special Purpose Grant Application for the
War Memorial Field House project to the HUD (Item No., 190, C.C.P. March 17,
1992)1 and
Whereas, HUD has awarded the City of Buffalo $2,000,000 for the
construction of the War Memorial Field House project; and
Whereas, the City of Buffalo Urban Renewal Agency (BURA) has
traditionally administered and managed HUD funds for the City of Buffalo.
Now, Therefore, Be It Resolved by the Common Council of the City of
Buffalo that:
The Mayor be, and hereby is, authorized on behalf of the City of Buffalo
to accept the Special Purpose Grant tendered by HUD;
The Mayor is authorized to enter into all necessary agreements and
contracts to assure the prompt and expeditious implementation of the project;
The Mayor is further authorized to execute such other actions as may be
necessary to effectuate the purpose of the Special Purpose Grant, and this
resolution;
The City Comptroller be directed to establish a Trust and Agency Account,
which shall be for the receipt of Special Purpose Grant funds;
The Common Council authorizes the designation of BURA as recipient and
administrative body for the Special Purpose Grant;
The Mayor is authorized to enter into an assignment agreement with BURA
for the Special Purpose Grant funds;
The Common Council directs the City Comptroller and City Treasurer, upon
receipt of the Special Purpose Grant funds, to transfer said funds to the
appropriate BURA account; and
The Chairman of BURA is authorized to receive and expend said grant funds
in accordance with the terms and conditions of the grant agreements with HUD.
PASSED.
AYES- 13 NOES- 0
No. 226
By: Mr. Zuchlewski
Appointments
Commissioner of Deeds
Required-Performance Of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
Benjamin L. Randle.Jr.
Robin L. Hahn
Edna E. Watkins
ADOPTED.
No. 227
By: Mr. Zuchlewski
Appointments-Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Martha Bobo
Mary E. Stephens
Carl W. Johnson
Alison Mohammed
Geoffrey E. Shelton
Mary Rita Miller
Linda C. Hallock
ADOPTED.
No. 228
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, March 14, 1995 -9:30 AM
Finance Tuesday, March 14, 1995 - following Civil
Legislation Tuesday, March 14, 1995 2:00 PM
Economic Dev. Wednesday, March 15, 1995, 10:00 AM
Ancillary Committees
Stadium/Aud T.F. Wed, March 8, 1995 10:00 AM Room 1417
CATV Comm Thursday, March 9, 1995 9:00 AM Room 1417
Finance Friday, March 10, 1995 10:00 AM Room 1417
Stadium/Aud T.F. Fri, March 10, 1995 10:00 AM Room 209
No. 229
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Czajka the Council adjourned
at 4:15 P.M.
Charles L. Michaux, III
City Clerk