HomeMy WebLinkAbout95-0321
No. 6
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 21, 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.
ERIE BASIN MARINA TASK FORCE:
James W. Pitts, Chairman, Kevin L. Helfer, Bonnie
K. Lockwood, Carl A. Perla, Jr., Comptroller/Designee, Commissioner of Public
Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud
Club.
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 21, 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 Mrs. Williams, the minutes of the stated
meeting held on March 7, 1995 were approved.
FROM THE MAYOR
No. 1
Veto Message
Proposal to Amend the Extended Erie Basin Marina Lease Item No. 63, C.C.P.,
3/7/95
The Aud Club's proposal to amend the Erie Basin Marina Lease would
reduce the rent due to the City from fuel sales generated at the Erie Basin
Marina. It would change the current structure of four thousand dollars
($4,000.00) in base rent and fifteen percent (15%) commission on the fuel sales
to four thousand dollars ($4,000.00) in base rent and four percent (4%)
commission on fuel sales. That represents an eleven percent (11%) change in the
contractual amount. Such a reduction in revenue is not acceptable to the City
of Buffalo.
The City of Buffalo is in the midst of a fiscal crisis and all revenue is
precious. The City does not have the financial strength to guarantee the
profitability of every project within which we are involved. The proposed
terms offer no benefit for the City of Buffalo. It is not fair to the many
residents of the City who are facing serious reductions in services to suddenly
reduce a healthy revenue stream in order to satisfy a single private
corporation.
I do not want to hurt the Aud Club, financially or otherwise. There must
be other ways to make the terms of the current agreement profitable for both
parties. The City is willing to do whatever it can to help the Aud Club make a
profit, but it cannot be at the expense of the people of Buffalo.
For the above reasons, I must return this item without my approval.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 2
Veto Message
Proposal to Amend the Extended Erie Basin Marina Lease
Item No. 179, C.C.P., 3/7/95
The Aud Club's proposal to amend the Erie Basin Marina Lease would
reduce the rent due to the City from fuel sales generated at the Erie Basin
Marina. It would change the current structure of four thousand dollars
($4,000.00) in base rent and fifteen percent (15%) commission on the fuel sales
to four thousand dollars ($4,000.00) in base rent and four percent (4%)
commission on fuel sales. That represents an eleven percent (11%) change in the
contractual amount. Such a reduction in revenue is not acceptable to the City
of Buffalo.
The City of Buffalo is in the midst of a fiscal crisis and all revenue is
precious. The City does not have the financial strength to guarantee the
profitability of every project within which we are involved. The proposed
terms offer no benefit for the City of Buffalo. It is not fair to the many
residents of the City who are facing serious reductions in services to suddenly
reduce a healthy revenue stream in order to satisfy a single private
corporation.
I do not want to hurt the Aud Club, financially or otherwise. There must
be other ways to make the terms of the current agreement profitable for both
parties. The City is willing to do whatever it can to help the Aud Club make a
profit, but it cannot be at the expense of the people of Buffalo.
For the above reasons, I must return this item without my approval.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
Marine Midland Bank - Request to Place a Wall Mounted Sign which Encroaches the
Right-of-Way
at 1856 Clinton Street
Item No. 51. C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, March
14, 1995, voted to approve the matter captioned above since your Honorable Body
has already voted to approve it at your meeting of March 7, 1995 (Item No.
160).
RECEIVED AND FILED.
No. 4
Marine Midland Bank - Request to Place a Wall Mounted Sign in the Right-of-Way
of 1107 Lovejoy Avenue
Item No. 52, C.C.P., February 7, 1995
The City Planning Board at its regular meeting of March 14, 1995,
voted to approve the matter captioned above since your Honorable Body has
already approved the matter at your meeting of March 7, 1995 (Item No. 161).
RECEIVED AND FILED.
No. 5
Marine Midland Bank - Request to Place Wall Mounted Signs in the Right-of-Way
of 306 W. Ferry Street
Item No. 53, C.C.P., March 7, 1995
The City Planning Board at its regular meeting held Tuesday, March
7, 1995, considered the matter captioned above pursuant to Section 413-67 of
the Buffalo Code, the review of street encroachments.
The applicant seeks to place two yard-arm type signs, 6 feet by 7 feet
(42 square feet), and two wall mounted signs. All of the proposed signs will
encroach the right-of-ways of West Ferry and Grant Streets.
The site is located in a C2 zone which permits such signage. Under
S.E.Q.R., the proposed signs are considered a Type II action which does not
require further environmental review. Lastly, the Department of Public Works
has recommended the granting of a mere license for the encroachments.
The Planning Board voted to approve the proposed signs as presented.
RECEIVED AND FILED.
No. 6
Rite Aid of New York Inc. - Request to Erect a Pole Sign and Two Wall Signs at
1410 Delaware Ave.
Item No. 104, C.C.P. February 7, 1995
The City Planning Board at its regular meeting held Tuesday, March
14, 1995 considered the above request pursuant to Sections 387-19 and 511-28 of
the Buffalo Code, the review of pole signs and the permitted uses within the C1
zone.
The applicant seeks to erect an illuminated pole sign with a sign face
area of 49 square feet (7'x7') and an overall height of 19 feet, two wall signs
measuring 3 feet by 37 feet, and two other wall signs measuring 2 feet by 8
feet. The total signage being requested is 331 square feet. This exceeds the
requirement of the C1 zone in which the site is located and which calls out a
maximum of 35 square feet of signage. Moreover, the proposed pole sign is not
permitted in the C1 zone. Lastly, under S.E.Q.R. the matter may be considered
a Type I action since the site is contiguous to Forest Lawn Cemetery which has
been included on the National Register of Historic Places. This
notwithstanding, your Honorable Body voted to approve the requested signage at
your meeting of March 7, 1995 (Item No. 158). Pursuant to an approval of the
same by the Zoning Board of Appeals at its meeting of March 1, 1995.
Inspite of these approvals, the Planning Board voted to deny the signage
as requested and has instructed the Planning staff to recommend that the Mayor
exercise his veto over the matter.
RECEIVED AND FILED.
No. 7
Peace Bridge Columbus Park Assoc. Petition to Rename a Portion of Seventh
Street to Columbus Parkway
Item No. 81, C.C.P., February 21, 1995
The City Planning Board at its regular meeting held Tuesday, March
14. 1995, considered the matter captioned above pursuant to Section 317.1 of
the City Charter, referable matters from the Common Council.
The petitioners seek to rename that portion of Seventh Street from
Connecticut Street north to its intersection with Sheridan Terrace (A.K.A.
Busti Avenue) to Columbus Parkway. It should be noted that your Honorable Body
had previously renamed the portion of Seventh Street to Columbus Parkway at an
earlier time.
The Planning Board voted to deny the petition on the grounds that there
is currently a Columbus Avenue in South Buffalo and that a St. Columba's
subdivision has been recently approved by the City Planning Board.
Given this, the Board felt that the suggested renaming could create a
confusing and potentially dangerous condition should an emergency arise.
Moreover, the Board also felt that if such a name change, redundant as it is,
is approved all of Seventh Street should be changed.
RECEIVED AND FILED.
No. 8
G. Scouras - Request to Place an outdoor Patio
at 186 Allen Street
Item No. 124, C.C.P., March 7, 1995
The City Planning Board at its regular meeting held Tuesday, March
14. 1995, considered the matter captioned above pursuant to Sections 511-57 and
96 of the Buffalo Code, the Allen Street Special District and parking
provisions.
The applicant seeks to place a 1,350 square foot outdoor patio which will
be placed on the applicant's existing accessory parking lot. Five off-street
parking spaces will therefore be removed during the summer months while the
patio is in operation. The patio will consist of a wooden platform which will
be delineated by a wooden railing and with an awning. The cafe will be removed
during the off-season and the parking will be restored. The street edge of the
patio will be appropriately landscaped.
The site is located in the Allen Street Special District which considers
the expansion of eating and drinking places to be restricted uses requiring the
approval of your Honorable Body. Under S.E.Q.R., the proposed cafe would be
considered an unlisted action which may be studied through uncoordinated
review. The site is located in the Allentown Historic Preservation District
and will have to be reviewed by the Buffalo Preservation Board. Lastly, the
Zoning Board of Appeals must review the matter of the loss of parking.
The Planning Board voted to approve the proposed outdoor cafe on the
following conditions: 1) that no trash receptacles be placed in the cafe, 2)
that no music is played from the cafe, and 3) that the cafe be open no later
than 11:00 p.m. daily.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 9
Sale of Parking Ramps
Item #172 C.C.P. 02/21/95
I support the analysis provided to the Common Council by the Department
of Administration and Finance on the issue of whether or not to sell the City's
parking ramps.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 10
Waiver of 5% City Surcharge
The Skating Association For The Blind & Handicapped presented
a benefit show on Saturday, February 18, 1995 with their production designed to
raise funds for their organization and mostly for the joy their "handicapable"
skaters derive from being the stars of the show.
The Skating Association For The Blind and Handicapped is a not-for-profit
organization and is hereby requesting to be exempt from the 5% City ticket
surcharge again this year. Your Honorable Body has approved this request in
the past, and that this fund raising enterprise is crucial to the success of
their program.
Your expeditious approval of this request will be greatly appreciated by
all concerned.
Mr. Pitts moved:
That the communication from the Director of Stadium and Auditorium, dated
March 6, 1995, be received and filed; and
That the Board of Stadium and Auditorium be, and it hereby is, authorized
to grant an exemption from the 5 % City ticket charge to the Skating
Association for the Blind and Handicapped for their benefit show that was
presented on February 18, 1995.
PASSED.
AYES - 13 NOES - 0.
FROM THE PRESERVATION BOARD
No. 11
Findings Statement
Demolition of the Great Northern Grain Elevator
(Pillsbury Mills. Inc.) 250 Ganson Street
The following Findings Statement is being filed with your Honorable
Body pursuant to Section 617.10 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental
Conservation Law.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO WATER BOARD
No. 12
Water Board Meeting Minutes
Attached please find the Minutes of the Authority meeting held
on March 1, 1995. The minutes also contain the Approved 1995-96 Capital
Budget.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMPTROLLER
No. 13
Certificate of Necessity
Transfer of Funds
Department of Administration and Finance, Labor Relations
Department of General Services, Inventory and Stores
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 $2,300 be transferred and reappropriated from the Division of
Labor Relations, as set forth below:
Dated: Buffalo, NY, March 13, 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 $10,00 be transferred and reappropriated from the Reserve for
Capital Improvements Appropriation Allotments - Exempt Items, as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated
Dated: Buffalo, NY, March 16, 1995
RECEIVED AND FILED.
No. 15
Certificate of Necessity
Increased Appropriation
Division of Real Estate - Sale of In Rem Property
Assessment
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $17,382 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - 090 Department of Assessment - 536
Advertising, to meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of increased appropriation
will be met from an increase of $17,382 in the General Fund City Revenue
account 100-043 402 71020 Division of Real Estate, City Revenue, Sale of In Rem
Property not otherwise appropriated for any other purpose. The detail of the
requirements are set forth below:
Dated: Buffalo, NY, March 13, 1995
RECEIVED AND FILED.
No. 16
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 $115,000 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 current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, March 16, 1995
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Increased Appropriation
Department of Public Works - Buildings, Revenues, Miscellaneous
Department of Public Works - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $78,244 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - 402 - Department of Public Works,
Division of Buildings- 021 Administrative Services 560 - Building Repairs &
Alterations to meet a contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased appropriation will be met
from an increase of $78,244 in the General Fund City Revenue account
100-402-402-90000 Division of Buildings, City Revenue, Miscellaneous not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:
Dated: Buffalo, NY, March 13, 1995
RECEIVED AND FILED.
No. 18
Certificate of Necessity
Transfer of Funds
Division of Budget and Management
Division of Engineering
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 $200,000 be transferred and reappropriated from the Division of
Budget and Management, as set forth below:
Dated: Buffalo, NY, March 15, 1995
RECEIVED AND FILED.
No. 19
Result of Negotiations
91 Ganson Street, 562 NW Ohio
Vacant Lot Size: 6091 x Irreg. Depth
Assessed Valuation: $10,890
Item No. 14, C.C.P. 12/27/94
In the above referenced item Your Honorable Body authorized the
office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Eric J. Bauer, Vice President of George W. Burnett, Inc., 145 Ganson
Street, Buffalo, New York, to purchase the above captioned City-owned property.
Mr. Bauer is purchasing 91 Ganson Street for off-street parking purposes.
An independent appraisal of the property was conducted by Mr. Michael W.
Heigel, Appraiser, AllPoints Appraisals, 745 Center Road,, West Seneca, New
York 14224. He has estimated the fair market value of the property to be
Sixty-Five Hundred Dollars ($6,500). The estimate indicates a value of
Fourteen Cents (.14) per square foot. The Division of Real Estate concurs with
the appraisers estimate of value.
The results of our negotiations are that Mr. Eric J. Bauer on behalf of
George W. Burnett, Inc., has agreed and is prepared to pay Sixty-Five Hundred
Dollars ($6,500) for the property. He has also agreed to pay for the cost of
the appraisal, recording fees, transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 91 Ganson
Street to George W. Burnett, Inc., in the amount of Sixty-Five Hundred Dollars
($6,500). 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 15, 1995, be
received and filed; and
That the offer of Mr. Eric J. Bauer, Vice President of George W. Burnett,
Inc., 145 Ganson Street, in the sum of $6,500.00 (Six Thousand and Five Hundred
Dollars) to purchase the property described as 91 Ganson 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. 20
Result of Negotiations 25 Madison
100.101 S Clinton
Vacant Lot: 26' x 54'
Assessed Valuation: $1,000
Item No. 15, C.C.P. 12/27/94
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Gladys Britton of 591 Clinton Street, Buffalo, New York, to purchase
the above captioned City-owned property. Ms. Britton intends to improve this
parcel with a driveway and provide off-street parking.
An independent appraisal of the property was conducted by Mr. Gary H.
Ersing, Appraiser, Upstate Appraisal, Inc., 280 Cayuga Road, Buffalo, New York
14225. He has estimated the fair market value of the property to be Three
Hundred Dollars ($300.00). This represents approximately Twenty-One Cents (.21)
a square foot for the subject property. The Division of Real Estate concurs
with the appraisers estimate of value.
The results of our negotiations are that Ms. Britton has agreed and is
prepared to pay Three Hundred Dollars ($300) for the subject property. She has
also agreed to pay for the cost of the appraisal, transfer tax, recording fees
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 25 Madison
to Ms. Gladys Britton in the amount of Three Hundred Dollars ($300.00). 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 15, 1995, be
received and filed; and
That the offer of Ms. Gladys Britton of 591 Clinton Street, in the sum of
$300.00 (Three Hundred Dollars) to purchase the property described as 25
Madison 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. 21
483 Monroe Street - Habitat for Humanity
Transfer Title Back to City
Item No. 304, C.C.P. 9/20/88
In the above referenced item Your Honorable authorized the transfer
of several parcels of land to Habitat for Humanity for new housing
construction.
During excavation for the development of a new home at 483 Monroe Street,
contractors uncovered underground tanks.
The Division of Real Estate has received a communication from Habitat
requesting that the City take back title to the property, since City records
did not indicate the presence of underground tanks at this location. Habitat
does not have the ability nor the funds to remove the tanks.
As Your Honorable Body is well aware Habitat for Humanity is a non-profit
organization that relies upon donated materials, funds, etc. to build and
rehabilitate homes for individuals who could not otherwise pay for the cost of
building and rehabilitation.
Therefore, I am recommending that the City of Buffalo accept title to 483
Monroe Street from Habitat for Humanity and that the property be returned to
inventory for sale.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 8, 1995, be
received and filed; and
That the City of Buffalo accept the title to 483 Monroe Street from
Habitat for Humanity and that the property be returned to inventory for sale.
PASSED.
AYES - 13 NOES - 0.
No. 22
Remove 454 Monroe from In Rem; Cancel Interest
The owner of the above referenced properties, Elizabeth A Jayes,
entered into a Promissory agreement with the Division of Collections on 1/15/93
for the repayment of demolition costs for two structures. The total cost of
demolition expenditure by the City of Buffalo from the Special Assessment Fund
was $7,540.00.
By entering into promissory agreement, The Division of Collections opted
for personal liability collection of the demolition costs.
The amount contracted for under the agreement was $8,067.80 This was
comprised of the City's actual expenditure of $7,540, 00, plus accrued interest
of the local assessment which had been added to the tax roll for Year 1992-93
at the time the agreement was signed.
The owner has completed and fully satisfied her obligation under the
promissory note by payment of $8,067.80, However, during the term of the
payment agreement the charges on the tax roll were subject to additional
interest accrued pursuant to Real Property Tax Law. A total of $4,593.80 in
interest charges over and above the amount of the note now exist on the tax
roll for 1992-93.
All property taxes and sewer rent levied to date against the property
have been paid. The only charges remaining on the tax roll is for the
demolition.
The property is targeted for In Rem Foreclosure Action # 29 based upon
the unpaid interest for the Tax Year 1992-93.
This is to request that the Common Council authorize the Department of
Assessment, Tax Division, to administratively remove from the tax roll the
additional interest due and remove the property from In Rem action.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 15, 1995, be
received and filed; and
That the Department of Assessment, Tax Division, remove from the tax roll
the additional interest due in the amount of $4,593.80 and remove 454 Monroe
Street from In Rem Action No. 29.
PASSED.
AYES - 13 NOES - 0.
No. 23
Info-Sale of 190 Porter Avenue to Buffalo Yacht Club
The Division of Real Estate received a request from Anna Salas,
Legislative Assistant, to provide information regarding the City's sale of the
above property to the Buffalo Yacht Club.
The property was sold to the Buffalo Yacht Club in November of 1978 for
Fifty Thousand Dollars ($50,000), pursuant to the 1993 Laws of New York State,
Chapter 834 - An Act of the New York State Legislature Authorizing the Sale of
Certain Lands by the City of Buffalo to the Buffalo Yacht Club. The sale
included land only, since the improvements were owned by the Buffalo Yacht
Club.
The final abandonment and sale was authorized by the Common Council
pursuant to Resolution #170, C.C.P. April 18, 1978.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Response - Consider Sale of Pilot Field
Item No. 173, C.C.P. 2/21/95
The above resolution was referred to the Committee on Finance
and this office for a response. The resolution speaks to issues with respect
to the ownership and possible sale of Pilot Field and request the Division of
Real Estate to perform a Real Estate Appraisal of Pilot Field.
While Your Honorable Body discusses the pros and cons of these issues you
should be aware of the following:
That the construction of Pilot Field was a joint venture between the City
of Buffalo, County of Erie and State of New York. Title to the property is
vested in the Erie County Industrial Development Agency. I am not aware at
this time whether title will revert to the City at some future date. The Law
Department should review documents relating to ownership of the property and
comment about the City's ownership interest.
The nature of a Real Estate Appraisal for this type of facility would be
costly, time consuming and requires developing data not readily available to
most appraisers. This has been confirmed by several of the larger Commercial
Real Estate Appraisers in our area. They have indicated that that the minimum
fee for this type of Sports Facility could be between Fifteen Thousand
($15,000) to Twenty Thousand ($20,000) Dollars.
Should Your Honorable Body require an appraisal of Pilot Field, funds for
said appraisal will have to be identified.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Buffalo Softball League
Financial Statement
Item # 105, C.C.P. March 7, 1995
We have reviewed the subject statements as prepared by James Amato
and Company, P.A.
It is our opinion that these statements constitute a certified audit and
meet the following City Ordinance requirements:
309-35. Reports of Buffalo Softball League.
A. The Buffalo Softball League shall file an annual report of operations and
finances, including a certified audit, on or before February 28 of each year
with the Common Council and the Commissioner of Parks.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Report of Audit
City Clerk - Marriage Bureau
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of City Clerk, Marriage Bureau, audit report for the period January 1, 1991 to
September 30, 1994.
An examination of recorded receipts for marriage certificate copies
issued and ceremonial room rentals indicate cash shortages in revenues
deposited for the above period and totaling $4,074.41.
Our investigation of these shortages has revealed that it was probably
caused by a systematic scheme of substituting checks received from mailed-in
requests for cash tendered by walk-in customers requesting marriage licenses
and certificates. This theft was aided by an inadequate system of internal
controls present over the maintenance of mail logs, preparation of applicable
prenumbered receipt forms and altered deposit slips presented to the City
Treasury.
This report has been forwarded to the Erie County District Attorney for
further review of the above matters.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CITY CLERK.
No. 27
Proposed Sale
Erie Basin Marina
Item #203, C.C.P. 3/17/95
The above item was referred to the Marina Task Force Committee
and this office for a response. The resolution speaks to issues regarding the
possible sale of the property and request the Division of Real Estate and
Department of Assessment to perform an appraisal of the property.
The Erie Basin Marina is a Public Recreational Facility owned by the City
of Buffalo. In order for a Municipality to convey parkland or public
recreational facilities, the Municipality must receive authorization from the
New York State Legislature.
With regard to an appraisal of the property, this office has been advised
by the Department of Assessment that they are reviewing all relevant income and
market data needed to form an estimate of the Marina's value and will file a
report with Your Honorable Body.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 28
Sal. Ord. Amend. Human Resources
Item No. 211 C.C.P. March 7, 1995
Pursuant to your request dated 3/14/95 regarding the above mentioned
item, please be advised that all personal service contracts on file in the
Department of Audit and Control were forwarded to the Law Department for their
review and an opinion letter as to proper classification (employee or
independent contractor) of the individuals. The Law Department determined that
Art Aides working for the Division of Substance Abuse on personal service
contracts, should be considered employees for tax purposes. (See attachments.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT
No. 29
Senior Citizen Exemptions
Item No. 31, C.C.P. 03/07/95
In response to the request by your Honorable Body to determine
the financial impact to the City of Buffalo, if the following schedule is
adopted for senior citizens property tax exemption purposes, please be advised
that the anticipated loss of revenue is estimated to be approximately
$160,600.00.
This Department's forecast of future loss of revenue is based upon
assumptions made in a review of previous years senior citizen exemption
applications. In addition, a forecast of future projected loss of revenue by a
random sampling of senior citizens currently receiving an exemption and who
will receive a greater percentage of exemption due to the change in the sliding
scale, is included.
Current Proposed
Percent of Exemption FY 95/96 FY 96/97
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
The following chart indicates the percentage of change in the number of
total senior citizen exemptions in each year from 1986 through and including
1995.
Increase in
Total Applications Percent of Change Income Levels
(Original Reval Year)
1986 4,936
1987 4,651 decrease 6%
1988 4,428 decrease 5%
1989 4,736 increase 7% $15,625 to $18,600
1990 4,423 decrease 7%
1991 4,447 Even -
1992 4,758 Increase 7%
(Est.) $18,600 to $19,800
1993 4,414 Decrease 8%
1994 4,944 Increase 12% (Update)
+ $19,800 to $21,300
1995 5,030 Increase 1%
Based upon the trend as indicated in this chart, we can anticipate an
estimated increase of approximately 550 senior citizen exemption applications
(roughly a 10% to 12% increase) for fiscal year 1996/97.
The full Assessed Value of property in the City of Buffalo now enjoying a
senior citizen exemption is $284,132,850.00. This property, owned by 5,030
senior citizens, makes the average assessed value for each property $56,500.00
(rounded.) Predicated on the expectation of receiving 550 additional
applications (see note above) times the average full assessment for exempted
parcels, we can expect an additional $31,075,000.00 in exemptable assessed
values for fiscal year 1996/97. An average 15% property tax exemption for the
new applicants will result in an additional $4,661,250.00 in exempt value. At
the current fiscal year 1995/96 City tax rate of $16.48 per thousand, the loss
in revenue is estimated to be $76,800.00.
Approximately 900 of the 5,030 seniors citizens (roughly 18%) currently
receiving an exemption on their property are receiving an exemption between 10%
to 45%. Due to the increase in the percent of exemption allowed on the sliding
scale, it is anticipated that these exemption percentages will increase an
approximate average of 10% per exemption. For example, an individual currently
receiving a 40% exemption will now qualify for a 50% exemption; someone
receiving a 15% exemption will now qualify for a 25% exemption. The average
full assessed value of $56,500.00 per exempt property times the approximate 900
seniors eligible for an increase results in $50,850,000.00 of full assessed
value estimated to be eligible for an increase in exemption. The estimated
increase of 10% in additional exemption amounts times the full exemptable
assessed value of $50,850,000.00 results in an estimated additional exempt
amount of $5,085,000.00. This amount, times the current 1995/96 fiscal year tax
rate of $16.48 per thousand dollars of assessment, results in an estimated loss
of revenue for the City of $83,800.00.
In combining the anticipated new applicants with a resultant estimated
loss of revenue of approximately $76,800.00 with the additional estimated loss
of revenue by senior citizens who will renew their current exemption at a
higher percentage and a resultant estimated loss of income of approximately
$83,800.00, we conclude that the estimated loss of revenue to the City of
Buffalo will be approximately $160,600.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Erie County Leg - Update County Tax Rolls
Item No. 76, C.C.P., 02/21/95
I have reviewed County Legislator John R. Bozer's resolution regarding
the restoration of Erie County's Real Property information System.
At one time, the City of Buffalo was a member of the now defunct Real
Property Information System Consortium. Said Consortium created and funded the
County's Real Property Information System. Said Consortium was comprised of
Erie County towns, cities and Erie County government.
The Consortium was used an a vehicle for collectively funding the costs
of operating the Real Property Information System within Erie County
government. The Real Property Information System was comprised of
approximately 18 people with skills in property data collection, property
appraisal, assessment revaluation updates, and computer applications in
property appraisal. Consortium members could, upon request, use the skills,
personnel and computers of the Real Property Information System to perform
assessment revaluation updates. The sole purpose for the existence of the Real
Property Information System was to assist Consortium members to perform
Assessment Revaluation Updates.
In the year 1994, the Consortium's last year of existence, it cost City
and towns $1.90 per parcel to participate in the Consortium. The City of
Buffalo's Consortium costs in the year 1994 were approximately $185,000.
In the year 1994 or thereabouts a vote was taken among Consortium members
to voluntarily disband the Consortium thereby shutting down the Real Property
Information System. The Consortium was disbanded primarily because some town
members were not interested in performing Assessment Revaluation Updates or
contributing any more money to offset the costs of operating the Real Property
Information System. The City of Buffalo was the last Consortium member to
utilize the services of the Real Property Information System and that was for
the 1993-94 City Assessment Update.
I would recommend to Your Honorable Body that the City of Buffalo should
stay open minded about Legislator Bozer's attempt to resurrect the Consortium.
The City's position should be one of open dialogue with any other city or town
interested in resurrecting the Consortium.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Liquor Licenses 2/21/95
Item No. 67, C.C.P. 02/21/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 519 South Park is assessed as 619 South Park and assessed to Catherine
A. McCarthy, 38 Park Street, Springville, New York. The following remains
unpaid:
1994-95 City Tax $2,390.91
Sewer Rent 95.96
(Interest computed as of March 31, 1995)
The occupancy tax in paid. We do not show a local assessment or
ownership of property in the City of Buffalo under the corporate name,
McCarthy's Clam Digger Inc. The applicant Catherine A. McCarthy also owns 613
South Park. The City tax, sewer rent and occupancy tax are paid.
2) 511 Ohio is assessed to Bison City Rod & Gun Club, Inc., c/o Robert
Geiger, 3735 Harrison, Blasdell, New York. The City tax, sewer rent and
occupancy tax are paid. The assessed owner, Bison City Rod & Gun Club, is
indebted to the City of Buffalo for the following:
251 Fuhrmann
1994-95 City Tax $3,771.99
Sewer Rent 151.22
(Interest computed an of March 31, 1995)
3) 667 Grant in assessed to Cirillo A. Fortunato & Toczek Ferdinand, 25
Letchworth Street, Buffalo, New York. The City tax and sewer rent are paid.
The parcel is exempt from occupancy tax. The assessed owners of 667 Grant also
own the following properties. The City taxes, sewer rents, and occupancy taxes
are paid.
Assessed on: Assessed to:
25 Letchworth Cirillo A. Fortunato
148 Hawley Cirillo A. Fortunato
74 Sunnyside Toczek Ferdinand & wife
45 Holmes Toczek Ferdinand & wife
We do not show ownership of property under business name 667 Letchworth
Street Inc., nor d/b/a Fat Cat's.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Reply - Liquor Licenses 3/7/95
Item No. 97, C.C.P. 03/07/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 283 Davey in assessed to Dominic J. Colangelo, 176 Iris, West Seneca, New
York. The City tax, sewer rent and occupancy tax are paid. We do not show a
local assessment or ownership of property in the City of Buffalo under the
applicant's name, Thomas R. Mueller Sr. or business name of T. Bears.
2) 431 Elmwood, assessed as 427 Elmwood and assessed to Richard & Sheila
Bernard, 41 Turnberry Drive, Williamsville, New York. The City tax, newer rent
and occupancy tax are paid. It appears that the applicant, Antoinette Nadia,
owns property in the City of Buffalo assessed as 177 Woodward with City tax,
sewer rent and occupancy tax paid. We do not show any local assessments
charged or ownership in the City of Buffalo under the business name of "Solid
Grounds."
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Sale of Marina
Item No. 203, C.C.P. 03/07/95
The Department of Assessment has initiated the response to your
request that a report to determine economic value be prepared on the Erie Basin
Marina.
We have obtained the Aud Club, Inc. leases for the property. We have also
requested the last five years income and expense statements from the Aud Club,
Inc. This data will be analyzed to determine the economic value of the
property. The land will also be analyzed to the highest and best use for
future development.
My department will present the full report an soon an it is completed.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 34
Certificate of Appointment
Appointment effective March 13, 1995, in the Department of Assessment,
Susan Majewski, 64 Mayer Avenue, Buffalo NY 14207 to the Position of Senior
Clerk, Permanent, Promotion at the Maximum starting salary of $23,919.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 35
Monthly Report of Licenses Issued
in February 1995
I am respectfully submitting the enclosed report of licenses issued
in the month of February 1995 by the Division of Licenses.
RECEIVED AND FILED.
No. 36
Extension of City Contract No. 91755300
Watermain Replacement and Service Transfers
Linden Avenue and Amherst Street
In accordance with the terms of the contract between the City
of Buffalo and Nichter Construction Company, City Contract No. 91755300,
Watermain Replacement and Service Transfers - Linden Avenue and Amherst Street,
the work called for in this contract was scheduled to be completed by December
22, 1994.
The contractor has requested an extension of time in this contract. All
work on this project is now complete except for site restoration which cannot
be completed until the Spring.
Accordingly, I have granted an extension of time in the contract with
Nichter Construction Company.
The new completion date for this contract is April 30, 1995.
RECEIVED AND FILED.
No. 37
Notification Serial #8488
Install Stop Signs in
Lincoln Parkway north of Rumsey Road
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 9 Section 11 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
Lincoln Parkway at a point 450' north of Rumsey Rd
(at the Parkway entrance/exit
to/from Delaware Park)
These changes are being made at the request of the Commissioner of Parks.
Notification Serial #8489
Install Stop Signs in
Lincoln Parkway at Crosswalk
between Art Gallery and Casino
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 9 Section 11 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
Lincoln Parkway Crosswalk between Albright/Knox
Art Gallery and Delaware Park
Casino
These changes are being made at the request of the Commissioner of Parks.
Notification Serial #8490
No Standing - Repeat
on Main Street, east side from East Delavan Avenue to Jefferson Avenue
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 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 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIBIT PRTN HIGHWAY PROHIBITED PD DAILY
Main Street, east side 7:00 a.m. to 10:00 a.m.
from East Delavan Ave except Sunday to Jefferson Ave
This action is being taken to update our records and provide consistency
with current parking restrictions on Main Street, This peak hour restriction
has been removed from (the east side of) all other sections of Main Street
except this region. Traffic volumes and current traffic patterns no longer
necessitate this prohibition, and its removal will allow additional on-street
parking for businesses in this area.
Notification Serial #8491
Repeal No Standing School Days on Buffum Street at Indian Park Academy #70
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIBITED PRTN HIGHWAY PROHIBITED PD
Buffum Street, north side 7:00 a.m. - 4:00 p.m.
from 100' east of Indian Orchard Place School Days
to a point 365' west therefrom
This modification is being done at the request of the school in order to
better accommodate school bus discharge/pickup times. (See Following Serial)
Notification Serial #8492
Install No Standing School Days on Buffum Street at Indian Park Academy #70
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBIT PRTN HIGHWAY PROHIBITED PERIOD
Buffum Street, north side 7:00 a.m. - 3:00 p.m.
from 100' east of Indian Orchard Pl School Days
to a point 365' west therefrom
This modification is being done at the request of the school in order to
better accommodate school bus discharge/pickup times. (See Previous Serial)
RECEIVED AND FILED.
No. 38
One-way Traffic
Fargo Avenue
This department has received a petition to change Fargo Avenue
from Connecticut Street to Hudson Street from a two-way to a one-way street,
southbound.
Before we act on this proposal, we respectfully request that the Common
Council hold a public hearing which should include residents of the affected
area. After this public hearing, we will make a recommendation to the Council
as to the appropiateness of this change.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 39
Downtown Special District
Vending Sites for 1995
Please be informed that I am submitting the attached list of approved
Sites for the Downtown Special District Vendors for 1995 from Buffalo Place.
RECEIVED AND FILED.
No. 40
Report of Bids
Lighting Update
Northwest Branch Library
I asked for and received the following Informal Proposals which
were publicly opened and read on March 15, 1995.
Metro Electrical Construction 16,760
Weydman Electric 17,262
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Metro Electrical Construction in the amount of
$16,760.00 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 $17,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
15, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Lighting Update for the Northwest Branch Library to Metro
Electrical Construction, the lowest responsible bidder in the amount of
$16,760, with said cost to be charged against the B/F 200-402-036 Division of
Buildings.
PASSED.
AYES - 13 NOES - 0.
No. 41
Report of Bids
Reconstruction of Pools
Various Locations - 1995
I advertised for on February 28, 1995 and received the following
sealed proposals which were publicly opened and read on March 14, 1995.
General Construction Work
Patterson-Stevens Inc. 56,110
C.H. Byron Co. 62,000
Hudson Rumsey Co. 68,475
Gerald T.Stay Co. 72,300
C & A Painting 87,000
Allstate Development 97,000
Plumbing Work
NuMarco Inc. 57,000
Joe Carino Plumbing 59,889
I hereby certify that the foregoing is a true and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Patterson Stevens, Inc. in the amount of
$56,110.00.
Plumbing Work - NuMarco Inc. in the amount of $57,000.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-063 - Division of Buildings.
Total Estimate was $135,000.00.
Attached please find a list of the work to be performed at each pool.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
14, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award contracts for the Reconstruction of Pools, Various Locations - 1995, for
General Construction Work to Patterson-Stevens, Inc., in the amount of $56,1
10.00, for Plumbing Work to NuMarco, Inc., in the amount of $57,000.00, the
lowest responsible bidders, with said cost to be charged against the B/F
200-402-063 Division of Buildings.
PASSED.
AYES - 13 NOES - 0.
No. 42
Change in Contract
New Roof
Historical Society
25 Nottingham Court
I herewith submit to Your Honorable Body the following change
in contract for the New Roof at the Historical Society, All Weather
Contractors, Inc. C-91755900:
1. Install eight (8) new scupper drains, copper connecting pipes, and new
stack base cleanouts in basement. Add $13,035
Upon construction it was found that existing drains were deteriorated and
leaking.
The foregoing change results in a net increase in the contract of
Thirteen Thousand Thirty-five and 00/100 Dollars ($13,035.00).
Summary
Original Amount of Contract $346,172
Change Order No. 1 CCP 98 1-10-95 15,935
Amount of this change (No. 2) 13,035
Revised Amount of Contract $375,142
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-020 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
10, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #2 to All Weather Contractors, Inc., changes resulting in a
net increase in the amount of $13,035.00, as more fully described in the above
communication, for work relating to the New Roof at the Historical Society,
Contract No. 91755900. Funds to be charged to the B/F 200-402-020 Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 43
Change in Contract - Change Order No. 3
City Contract No. 91770200
Filtration Plant Improvements - Filter
Instrumentation Replacement
I hereby submit to your Honorable Body the following Change Order
No. 3 with John W. Danforth Company for work relating to Filtration Plant
Improvements - Filter Instrumentation Replacement, Contract No. 91770200:
Item No. 7
A credit for the return of 210 Lunkenheimer Fig. 155, 1/2" 4 way diverter
valves to the Lunkenheimer manufacturer. The City will take possession of the
24 diverter valves incorporated in the work which are not returnable.
Decrease:$ 11,130.00
Item No. 8
An extra for the removal and replacement of the 24 Lunkenheimer diverter
valves with the proposed Conant diverter valves in four of the manifolds
already fabricated Increase:$ 1,589.00
Item No. 9
An extra for the removal and replacement of 6 Lunkenheimer diverter
valves with the Conant diverter valves in the manifold on Filter Table No. 39.
The existing copper pipe manifold will be reused to the greatest extent
possible. Increase: $425.00
Item No. 10
An extra for machining of 240 existing diverter valve adapters to fit
over the wing handle on the Conant diverter valves.
Increase:$ 4,239.00
Costs have been reviewed by the Department of Public Works and the
Consulting Engineer and found to be fair and equable.
SUMMARY:
Original amount of Contract $286,166.00
Amount of Change Order No. 1- Increase $ 12,599.00
Amount of Change Order No. 2 - Decrease $ 5,766.00
Amount of Change Order No. 3 - Decrease $ 4,877.00
Current Amount of Contract $288,122.00
Funds in the amount of $ 4,877.00 are to be credited to the Division of
Water's 416 Capital Project Fund, 982-016-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Change in Contract - City Contract
No. 91749200 - Cleaning and Lining
Watermains on Porter Avenue and Jersey Street
I hereby submit to your Honorable Body the following Change Order
No. 2 with Firstrhyme Construction Corporation for work relating to Cleaning
and Lining 60" Watermains on Porter Avenue and Jersey Street, Contract No. 22,
Contract No. 91749200:
Item No. 02.120 - Rock Excavation
Contract called for 100 cubic yards of rock excavation.
There was no rock excavation performed. Decrease 100 cubic yards @ $.01
/cubic yard Decrease: $1.00
Item No. 02.150 - Extra Excavation
Contract called for 500 cubic yards of extra excavation to be performed.
55 cubic yards of excavation was performed.
Decrease 445 cubic yards @ $.01/cubic yard Decrease: $4.45
Item No. 03.1 10 - Extra Select Fill
Contract called for 500 cubic yards of extra select fill.
Final quantity used was 527.59 cubic yards. Net increase - 27.59 cubic yards
@ $20.00/cubic yard Increase: $551.80
Item No. R05.214 - Concrete Sidewalk 4"
Contract called for 600 square feet of concrete sidewalk 4". Final
quantity used was 1,432 square feet. Net increase - 832 square feet @
$3.00/square feet
Increase:$ 2,496.00
Item No. R05.216 - Concrete Sidewalk 6"
Contract called for 200 square feet of concrete sidewalk 6". Final
quantity used was 91 square feet. Net decrease - 109 square feet @
$3.50/square feet Decrease:$381.50
Item No. R05.220 - Metal Reinforcement
Contract called for 200 square feet of metal reinforcement.
Final quantity used was 1,523 square feet. Net increase - 1,323 square feet @
$.50/square foot Increase: $661.50
Item No. R07.106 - Granite Curb 6" Replacement
Contract called for 450 linear feet of granite curb 6" replacement.
Final quantity used was 260 linear feet. Net decrease 190 linear feet @
$1.00/if Decrease:$190.00
Item No. 09.030 - Remove Obstruction from Existing 48" main
Contract called for removal of 2 obstructions. No obstructions were
removed. Net Decrease 2 each @ $8.400 Decrease:$ 16,800.00
Item No. 09.048 - Clean and Cement Lining 48" Main
Contract called for 5,300 linear feet of 48" main to be cleaned and
cement lined. Final quantity cleaned - 5,040 linear feet. Net decrease - 260
linear feet @ $54.00/lf Decrease: $ 14,040.00
Item No. 09.104 - 4" Ductile Iron Pipe
Contract called for 30 linear feet of 4" pipe. There was no 4" ductile
iron pipe used. Net decrease - 30 liner feet @ $38.00/lf Decrease: $
1,140.00
Item No. 09.106 - 6" Ductile Iron Pipe
Contract called for 250 linear feet of 6" ductile iron pipe.
Final quantity used was 116.5 linear feet. Net decrease - 133.5 linear feet @
$55.00/lf Decrease:$ 7,342.50
Item No. 09.108 - 8" Ductile Iron Pipe
Contract called for 10 linear feet of 8" ductile iron pipe to be used.
No pipe was used. Net decrease - 10 linear feet @ $54.00/lf
Decrease:$540.00
Item No. 09.136 - 36" Ductile Iron Pipe
Contract called for 50 linear feet of 36" ductile iron pipe.
Actual quantity installed was 40.6 linear feet. Net decrease - 9.4 linear
feet @ $166.00/lf Decrease:$ 1,560.40
Item No. 09.148 - 48" Ductile Iron Pipe
Contract called for 60 linear feet of 48" ductile iron pipe.
Actual quantity installed was 66.3 linear feet. Net increase - 6.3 linear feet
@ $254.00 Increase:$ 1,600.20
Item No. 09.160 - 60" Ductile Iron Pipe
Contract called for 60 linear feet of 60" ductile iron pipe.
Actual quantity installed was 30.3 linear feet. Net decrease - 29.7 l.f. @
$373.00/lf Decrease:$ 11,078.10
Item No. 09.506 - Furnish and Install 6" Valves
Contract called for 14 each of the valves to be installed. 12 valves
were installed. Net decrease - 2 each @ $550.00/each Decrease:$ 1,100.00
Item No. 09.536 - Install 36" Gate Valves
Contract called for 6 valves to be installed. 5 valves were actually
installed. Net decrease - 1 each @ $7.500.00/each Decrease:$ 7,500.00
Item No. 09.552 - Removal of Existing 36" Gate Valves
Contract called for 6 each of 36" gate valves to be installed.
5 gate valves were installed. Net decrease - 1 ea. @ $5,600 Decrease:$
5,600.00
Item No. 09.556 - Removal of Type 2 Chambers
Contract called for removal of 19 chambers. 18 Type 2 Chambers were
removed. Net decrease - 1 each @ $5,000.00/ea. Decrease: $ 5,000.00
Item No. 09.91 0 - Fire Hydrant Removal
Contract called for removal of 9 fire hydrants. 12 fire hydrants were actually
removed. Net increase - 3 each @ $550.00/each Increase:$ 1,650.00
Item No. 09.920 - Fire Hydrant New
Contract called for 9 new fire hydrants to be installed. 12 fire
hydrants were installed. Net increase - 3 each @ $620.00/each
Increase:$ 1,860.00
Item No. 09.950 - Pipeline Drain
Contract called for 2 pipeline drains to be installed. No pipeline drains were
used. Net decrease - 2 each @ $1,400/each Decrease: $ 2,800.00
Item No. 8 8. I 00 - Pavement Restoration
Contract called for 1,300 square yards of pavement restoration. 1,302
square yards were actually used. Net increase - 2 square yards @ $10.00/sy
Increase:$20.00
The above items represent final adjustments to estimated quantities of
various unit price bid items.
New Work Item No. 1
Stabilize subgrade with flowable fill concrete, replace drainage inlets
and piping and replace approximately 400 square yards of pavement at
intersections of Jersey Street at Prospect Avenue and Porter Avenue at 7th
Street, due to leaking watermains and sewer collapses. Additional work
required due to existing watermain leaks and sewer repairs discovered during
progress of project and beyond scope of contract. Increase:$ 22,030.00
New Work Item No. 2
Furnish and deliver extra transmission main pipe materials and repair
couplings to Division of Water inventory. Spare materials to Division of Water
inventory for future repair work. Increase:$ 10,609.00
New Work Item No. 3
Furnish and install special transition couplings for 48" and 60"
transmission mains. Change in style and size of couplings required due to
existing pipe wall thickness and sizes differing from those indicated.
Increase:$ 8,963.00
New Work Item No. 4
Disinfect, test and flush additional 1,400 l.f. of 48" transmission main
on Porter Avenue between West venue and Symphony Circle. Additional
disinfection required due to extension of project length for replacement of
valve discovered inoperative at Porter and Symphony Circle. Increase:$
1,400.00
New Work Item No. 5
Provide additional sheeting, shoring and excavation at Porter Avenue and
7th Street; provide additional 60" repair coupling and spool piece for cone
valve replacement. Scope of work increased due to actual field conditions
differing substantially from conditions represented in City records.
Increase:$ 12,370.00
New Work Item No. 6
Sheeting, excavation and abandonment of 6' drain valve on 60"
transmission main at Porter Avenue and 7th Street. Additional drain valve
discovered during construction requiring abandonment. Increase: $1,297.00
New Work Item No. 7
Credit for TV inspection from Jersey and Lakeview to Colonel Ward Pumping
Station. 1,400 l.f. @ $.75/lf Video inspection deleted from project scope due
to inability to dewater section of transmission main. Decrease:$1,050.00
New Work Item No. 8
Lump sum credit for excavation of drain valve at Porter and Busti. Drain
line abandoned on west side of Porter Avenue in excavation for cone valve,
eliminating additional excavation. Decrease:$533.00
Costs have been reviewed by the Department of Public Works and the
Consulting Engineer and found to be fair and equitable.
SUMMARY:
Original amount of Contract $ 1,059,236.00
Amount of Change Order No. 1 Increase $ 127,551.00
Amount of Change Order No. 2 - Decrease $ 11,152.45
Current Amount of Contract $ 1,175,634.55
Funds in the amount of $ 11,152.45 are to be credited to the Division of
Water's 416 Capital Project Fund, 982-008-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Permission to Hire a
Consultant Engineer to provide
Traffic Engineering Services
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to enter into an agreement with a Consultant
Engineer to perform necessary traffic studies, traffic counts, design and
inspection work required for various Public Works Traffic Engineering projects.
Funds for this work are available in Bond Funds 200-401-006-00-000.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, March
13, 1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage the services of a Consulting Engineer to perform necessary traffic
studies, traffic counts, design and inspection work required for various Public
Works Traffic Engineering projects. Funds for this project are available in
Bond Funds 200-401-006-00-000. Cost of this project not to exceed $100,000.
PASSED.
AYES- 13 NOES- 0.
No. 46
Permission to Engage Consulting Engineer
Colonel Ward Valve House Rehabilitation
Division of Water
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer for work relating to Colonel Ward Valve House Rehabilitation Work.
Such services shall include, but not be limited to, replacement of valve
house vertical turbine dewatering pump with new pump; removal of
interconnecting spool pieces between original steam pumps and high service
discharge header; replacement of all existing ventilation equipment and
ducting; removal of asbestos pipe insulation on existing steam line;
replacement of steam heating equipment; replacement of corroded and
deteriorated flange bolts; replacement of high service discharge header air
relieve valves and piping; replacement of existing grade-level steel access
doors; replacement of grade-level access manhole castings; installation of
drainage line and stone in lawn area above valve house; blast cleaning of all
piping, valves, etc. and pressure washing of all walls and ceiling areas.
Funds for this work are available in the Division of Water's Capital
Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Maintenance of South Ogden Street Bridge
Over New York State Thruway
I hereby submit to Your Honorable Body the information requested
for the repair of the surface of the South Ogden Bridge over the New York State
Thruway.
The New York State Thruway Authority has notified us that they will be
reconstructing this bridge in 1997. Therefore, my department will be
performing remedial repairs (asphalt overlay of the bridge and approached
during the summer of 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Central Building Facilities
City Court Building
Item No. 58, C.C.P. 3/7/95
I have been asked to respond to Commissioner Kerlikowske's communication
to the Council of February 25, 1995.
The central booking area that was built in the basement of City Court is
in our estimation a usable facility. With the repair of the collapsed sewer,
we feel certain that the flooding problems will be alleviated. As far as the
water seepage problems, a recent tour of the facility indicated that
approximately 95% of the available space is not affected by any leaks. The
area that is affected is a small office and should the Police Commissioner wish
to use this area, we would work diligently to solve the leaking problem. Some
floor tiles will need to be replaced and that work will be done should the
Police Department wish to use the area. I have been advised that the cell
block area is already being used without any problems.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Reply To Liquor License Applications 3/7/95
Item No. 97, C.C.P. 3/7/95
In response to Item #97, C.C.P. 3/7/95, the Solid Grounds located
at 431 Elmwood Avenue has a current Restaurant License to expire 9/95.
Applications for Restaurant, Music and Coin Controlled Amusements were mailed
to Thomas R. Mueller, 283 Davey Street.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
80 South Elmwood
Encroachment into Right-of-Way
Mr. Paul Moretta, of Ellicott Development Corporation, owners
of the property located at 80 South Elmwood corner Niagara Street, has
requested permission to encroach City right-of-way at said address.
The above mentioned encroachment would be an overhang on the northeast
corner of the building now under construction which will be occupied by the
Federal Bureau of Investigation (F.B.I.).
The overhang would begin 7.5 feet above the existing sidewalk and project
a maximum of 12.51, into City right-of-way.
The Department of Public Works has reviewed Mr. Moretta'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 overhang be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the Department of Public Works with a
Certificate of Insurance, in an amount determined by the Corporation Counsels
office, which will indemnify and save harmless the City of Buffalo against any
loss and damage arising out of the construction, maintenance, use and removal
of said overhang.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
1234 Hertel Avenue;
Sign Within Right-of-Way
Mr. Jeff Miller, owner of Varcols Specialty Foods, located at
1234 Hertel Avenue, has requested permission to install a sign which would
encroach into City right-of-way at said address. The proposed sign would
measure 5 feet in height, 6 feet in length, and be attached perpendicular to
the building face.
The Department of Public Works has reviewed Mr. Miller'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 Buffalo with a five thousand dollar
construction in street bond or certificate of insurance which will indemnify
and save harmless the City of Buffalo against any and all loss and damage
arising out of construction, maintenance, use and removal of said sign.
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. Jeff Miller, owner of Varco's Specialty Foods,
1234 Hertel Avenue, to install a sign which would encroach city right-of-way at
such address to measure 5 feet in height, 6 feet in length, and be attached
perpendicular to the building face, subject to the conditions as listed in the
above communication.
PASSED.
AYES- 13 NOES- 0.
No. 52
Sublease of Hatch Restaurant
I have received the attached communications from the Aud Club
Inc. requesting authorization to sublease the Hatch Restaurant at the Erie
Basin Marina.
We are requesting Your Honorable Body's authorization to have the Mayor
execute the sublease in conformance with the Marina Lease as amended.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE AND THE CORPORATION COUNSEL.
No. 53
Certificate of Appointment
Appointment effective March 13, 1995 in the Department of Public
Works Division of Buildings Kathleen J. Ellis 945 West Avenue, Buffalo, N.Y.
14213, to the Position of Account Clerk Typist Permanent at the starting salary
of $23,588.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 54
Proposed Golf Rates
We are recommending to your Honorable Body a number of changes
to the fee schedule for the City of Buffalo's three (3) Municipal Golf Courses
to take effect April 1, 1995. Most season passes are sold during April, prior
to the opening of the courses.
The new fee structure, and other recommended changes come as a result of
many meetings with our "customers" (i.e. members of our golf clubs) and golf
course staff.
Golf course revenue for the 194 Golf season was up approximately $20,000,
to $406,000. However, "rounds of golf played" dropped by about 5,000 rounds.
Our recommended changes address the need to lure back golfers to our courses to
enhance revenue.
Below is a listing of the entire proposed 1995 fee structure followed by
a line-by-line explanation of any changes.
LINE A: No changes
LINE B: Non-resident rate for Senior Citizens reduced by $1.50
LINE C: Non-resident rate for Youth 16 years - under, reduced by $1.50
LINE D: New Category for 9 holes of golf after 6 p.m.
LINE E: N.Y.S. Access Pass holders still golf free but are restricted
to less critical hours
LINE F: No changes
LINE G: see Line D for explanation
LINE H: No changes
LINE I: Senior citizens non-resident rate reduced by $50. from 1994.
Many "Seniors" did not buy season passes at previous year's $250. rate
LINE J: Same as last year
LINE K: New category that would allow passes for Youth to be
purchased during summer recess. Golf allowed during non-critical afternoon
hours
LINE L: Same as last year. Groups requesting reserved times for
tournaments are charged $50. per hour. Regular golf rates apply.
LINE M: Change in South Park course schedule to allow golf at Cazenovia
while South Park is closed and vice versa.
It should be noted that the past practice of allowing Senior Citizens
with a Mayor's Office for Senior Citizens Card to golf free has been
discontinued. This practice was never authorized by the Council.
The Department plans to continue to cooperate with Youth Development
groups for free one-time golf during scheduled "down" times. We are treating
these youngsters as future customers while giving them another recreational
alternative to the streets.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 55
Policy on Strip Searches
(Item No. 57, C.C.P. March 7, 1995)
Prior records were not kept regarding the number of strip searches.
As of this date, we are looking at three complaints from 1994 incidents,
however, we have only verified that a strip search actually took place in only
one.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 56
Flame Study on Engine 16
Results of the most recent Flame study program done with Engine
16 (Jefferson and Kingsley) being closed shows that there is no change in
response time for the first-in engine company, since Engine 21 is also located
in the same firehouse and will remain open at that location. On second and
third due in engines, there is no appreciable difference in response. I
believe that the temporary closing of Engine 16 at Jefferson and Kingsley will
have a negligible affect on our ability to respond to fires and first aid calls
in that fire district.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 57
BFD Code Enforcement Officers and
Ambulance Transportation
Buffalo Professional Firefighters' Local 282 President David Donnelly,
has stated repeatedly that one of the ways in which the City of Buffalo can
collect additional revenues and thereby close the current budget gap is to
certify Buffalo firefighters as code enforcement officers to inspect City
properties and to enter into the ambulance transportation service. Mr. Donnelly
has cited the City of Albany, N.Y. as an example of a fire department that
operates in this manner. I recently traveled to Albany, N.Y. and conferred
with James Larson, Chief of their fire department, and I offer the following
observations:
Code Enforcement Officers
1. All Albany, N.Y. fire company officers are training as code enforcement
officers.
2 All Albany, N.Y. fire companies regularly inspect building throughout
their city.
3 The city of Albany, N.Y. does not have building inspectors to perform any
of these tasks.
4. The city of Albany, N.Y. has a Fire Prevention Bureau that is much
smaller than our bureau and does not inspect for flammable liquid and hazardous
chemicals licensing.
5. Code enforcement school requires completion of 128 hours for N.Y.S.
certification.
6. Salaries of 134 fire officers attending school is estimated to be
approximately $460,000.
7. Overtime generated by 134 fire officers away at school is estimated to be
approximately $690,000.
8. Does code enforcement status alter the terms and conditions of the union
contract thereby opening ourselves up to interest arbitration?
9. Does the creation of code enforcement officers in the fire suppression
side of the Buffalo Fire Department take away from of interfere with the duties
and functions of our firefighters?
10. Will this policy eliminate the need for building inspectors?
11. Will this policy eliminate the need for a Fire Prevention Bureau or allow
us to scale back our personnel in that bureau?
12. I recommend that we move very cautiously in this regard.
Ambulance Transportation
1. The city of Albany, N.Y. has operated ambulances for many years.
2. Albany, N.Y. raises approximately $200,000 annually through ambulance
transportation fees.
3. The Buffalo Fire Department is currently in the process of certifying all
its fire personnel as 1st responders. Estimated time of completion of 48 hour
course for all personnel is March 1997. Re-certification will then be
necessary for all personnel.
4. Additional 15 hours required for our personnel to operate defibrillating
machines.
5. 220 hours required for certification as EMT-1 (Emergency Medical
Technician - Intermediate) in order to operate as ambulance personnel. Salary
and overtime costs are unknown but are expected to be prohibitive.
6. Minimum start-up time is estimated to be 2 years.
7. Minimum lease cost of each ambulance is $40,000 annually.
8. I recommend that we continue to explore ambulance transportation, but
that we move cautiously. We might consider requiring all entry level personnel
to possess an EMF-I degree.
REFERRED TO THE COMMITTEE OF THE WHOLE, LOCAL 282 AND LOCAL 2651.
FROM THE CORPORATION COUNSEL
No. 58
Crossroads Arena Project Rights-of-way
Attached please find the following approving motions for your
approval. Your approval is necessary to finalize certain previously requested
rights-of-way encroachments and licenses in connection with the Crossroads
Arena project.
1. Authorization to the Corporation Counsel to draft and execute appropriate
documents granting limited permission to Crossroads Arena LLC to use Baltimore
Street for parking purposes.
2. Approving the request of Crossroads Arena LLC for the narrowing of
pavement on South Park Avenue.
3. Granting a "mere license" to Crossroads Arena LLC for certain
encroachments upon South Park Avenue.
4. Correcting a previously granted "mere license" for the installation of
awnings which will encroach into the Perry Street right-of-way.
5. Authorizing the abandonment of Indiana Street.
6. Granting a "mere license" to Crossroads Arena LLC for construction of a
balcony which will encroach into the Main Street right-of-way.
Mr. Pitts moved:
That the communication from the Corporation Counsel, dated March 15,
1995, be received and filed; and
1. That the Corporation Counsel and the Commissioner of Public Works be, and
are hereby authorized, respectively, to draft and execute appropriate documents
granting Crossroads Arena, LLC permission to use Baltimore Street for parking
purposes during game and event times. Such authorization is to be effective
upon completion of construction of the Crossroads Arena, the duration of which
shall be coterminous with that of the Prior Leases, all being in accordance
with the attached conditional negative declaration of the Department of
Community Development (the "lead agency") dated Monday, March 20, 1995 as
required by the New York State Environmental Quality Review Act ("SEQRA").
2. That the Commissioner of Public Works be, and is hereby authorized to
grant the request of Crossroads Arena, LLC for the narrowing of pavement on
South Park Avenue, from the existing 42', to the proposed 26', by moving the
existing north curb +/- 16' south, from Main Street to Illinois Street as per
the recommendation of the Department of Public Works dated December 20, 1994 (
Item No. 49, C.C.P., December 27, 1994), all being in accordance with the
attached negative declaration of the lead agency, dated March 20, 1995.
3. That Item No. 50, C.C.P., December 27, 1994 be discharged from the Urban
Renewal Agency Committee, and in reference thereto, that the Commissioner of
Public Works be, and is hereby authorized to grant Crossroads Arena, LLC a
license for encroachments upon South Park Avenue for the purpose of enabling
major landscaping and to install a wall designed to mitigate wind, hide
utilities and break up the large wall of the Arena, as per the recommendation
of the Department of Public Works dated December 21, 1994 (Item No. 50, C.C.P.,
December 27, 1994), all being in accordance with a sectional view and site plan
submitted by the applicant, and the attached negative declaration of the lead
agency, dated March 20, 1995.
4. That the license issued Ms. Carolyn Hoyt (Item No. 153, C.C.P., October
4, 1994; Item No. 41, C.C.P., September 29, 1994) to install three (3) awnings
encroaching upon Perry Street, be, and hereby is amended to be issued to
Crossroads Arena, LLC rather than to Ms. Hoyt.
5. That Indiana Street be, and hereby is abandoned, in accordance with the
Crossroads Urban Renewal Plan Amendment, the attached recommendation of the
Department of Public Work's, and the environmental impact statement and
findings of the lead agency, dated November 16, 1993.
6. That the Commissioner of Public Works be, and hereby is authorized to
issue a license to Crossroads Arena, LLC for an encroachment into Main Street
involving a balcony (a. k. a." crow's nest"), as specified in drawings as
submitted to the Department of Public Works on September 2, 1994, all being in
accordance with the negative declaration of the lead agency, dated February
16,1995.
7. The Corporation Counsel and the Commissioner of Public Works shall report
back to the Council with copies of each of the above items herein authorized.
8. That the Corporation Counsel and the Commissioner of Public Works may
impose such conditions as they may deem appropriate and report these Conditions
to the Common Council.
PASSED.
AYES - 13 NOES - 0.
No. 59
Art Program Aides
Item No. 211, C.C.P. March 7, 1995
The above item was referred to the Corporation Counsel's Office
to address the following concerns:
1. Why was it determined that individuals in the position of Art Program
Aide should be paid as employees of the City rather than through personal
service contracts?
This office was requested by the Comptroller to review all personal
service contracts between the City and individuals to determine whether, based
upon the Internal Revenue Service ("IRS") regulations, these individuals should
properly be paid as independent contractors with their earnings reported as
non-employee compensation on IRS form 1099, or if these people should be
considered employees whose wages are subject to withholding and reporting on
IRS form W-2. We reviewed the contracts for the individuals holding this
position and a description of their job duties. It was this office's opinion
that these individuals do not meet the IRS criteria for independent contractors
and should be treated as City employees for IRS purposes. The fact that an
individual has entered into a personal service contract or is referred to as an
independent contractor is not dispositive. A properly drawn personal services
contract can be strong evidence in support of an argument that facts
demonstrate that an individual is an independent contractor and not an
employee. Unfortunately, the contracts used for the Art Program Aides do not
provide such support.
2. Why have these individuals been paid from the Judgment & Claims account
pending approval of the salary ordinance amendment?
These four individuals have been working since July 1994 pursuant to
their personal service contracts. During this process, these individuals have
continued to perform their job duties. At one point their checks were
withheld. This office advised the Comptroller's Office that if payment to
these individuals was not made within thirty days, these individuals could file
a claim with the New York State Labor Department for unpaid wages. Their claim
would probably be sustained.
This office was never asked, nor did we give an opinion concerning from
what budget account these individuals should be paid. The decision to pay them
from the Judgment & Claims Account was not made in this office. If it is
necessary to reallocate funds from the Judgment & Claims Account to some other
appropriate account to pay these individuals for time worked, this office would
have no objection to the transfer of funds as long as the appropriate
procedures are followed..
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 60
Senior Citizen Exemptions
(Item No. 31, C.C.P., 3/7/95)
Commissioner Tanzella's communication regarding the change in
State law affecting senior citizens' tax exemptions has been referred to the
Law Department for comment. The Commissioner has accurately described the
options open to Your Honorable Body under the amended Real Property Tax Law
(RPTL) section 467. What the Commissioner describes as Option 1, under this
law, will take effect if you take no action. The simplest way to enact one of
the remaining options is through resolution. For example, the Commissioner's
Option 11 could be enacted through the following resolution.
Whereas, the New York State Legislature has amended section 467 of the
Real Property Tax Law affecting the State permissible income limit for
exemption on real property owned by senior citizens,
Now, Therefore, be it Resolved:
That the City of Buffalo hereby adopts in full the new limitations and
permissible income limits for exemption on real property owned by senior
citizens in the City of Buffalo as contained in section 467 of the New York
State Real Property Tax Law, with the maximum income level to be set at $17,500
and a sliding scale for exemptions down to 10% as contained in Real Property
Tax Law section 467 (1), to become effective December 1, 1995.
If another option is selected, the resolution should include the amount
of maximum income you choose to set for exemption eligibility.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Crossroads Project
Bed Tax Settlement Agreement
Attached is a proposal we have received from Erie County to amend
the Bed Tax Settlement Agreement.
As you are aware, the Bed Tax Settlement Agreement was contingent upon
the sale of BEDC bonds by December 31, 1994, Erie County has decided to sell
General Obligations Bonds to fund the project. That necessitates a change in
the structure. Attention should be given to the spread sheet attached to the
proposal, because it quantifies the effects of this change in allocation
procedures. Based upon the new spread sheet, there will not be any additional
funds flowing to the City from the Bed Tax.
Please let me know if you have any questions.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 62
Report of Bids
Reconstruction of Cazenovia Park
Golf Green No.9
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 for the reconstruction of Cazenovia Park Golf Green
No-9. I submit the following report of all bids that were received and
publicly opened on March 13, 1995:
BIDDER AMOUNT OF BID
Birch Grove Landscape & Nursery, Inc. $27,109
P.O. Box 117
East Aurora, New York 14052
Faery's Landscape, Inc. $39,875
3170 Ridge Road
Ransomville, New York 14131
Pine Ridge Nursery, Inc. $60,000
P.O. Box 141
7135 Davis Road
West Falls, New York 14170
DESIGNER'S ESTIMATE $25,000
The proceeding is a true and correct abstract of all bids received and
Birch Grove Landscape & Nursery, Inc. is the lowest responsible bidder. Funds
for this project are available in C.P.A. 200-717-005.
The proposed schedule anticipates a start of construction on or about
April 10, 1995 and that the green will be useable, after a maintenance period,
on or about May 12, 1995. Therefore, your immediate approval of this item
would be greatly appreciated.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Birch Grove
Landscape & Nursery, Inc. in the amount of $27,109.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated March 13, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Reconstruction of Cazenovia Park Golf Green
No. 9 to Birch Grove Landscape & Nursery, Inc., the lowest responsible bidder
in the amount of $27,109, with said cost to be charged against the C.P.A.
200-717-005.
PASSED.
AYES - 13 NOES - 0.
No. 63
NEGATIVE DECLARATION
Crossroad Project Design Changes
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (SEQR - State Environmental Quality Review)
of the Environmental Conservation Law.
Lead Agency:
City of Buffalo, Department of Community Development Room 920
City Hall 65 Niagara Square Buffalo, New York 14202
As per SEQR, the Lead Agency has reviewed the following action as it
relates to the environment:
Action Title:
Waterfront Redevelopment Project No. N.Y.R.-35 Urban Renewal
Plan Crossroads Area Amendment - Project Design Changes
Location:
Within the area bounded by Perry Street on the north, Main Street
on the west, South Park Avenue on the south and Baltimore
Street on the east.
Type of Action:
Unlisted/Coordinated Review
Description:
The City of Buffalo proposes to approve the following minor
as
changes to the design of the Crossroads Arena facility. They are follows:
1. Construction of a wind mitigation structure at the northwest corner of
the Arena building (known as the "crow's nest") and licensing of the
encroachment of the structure into the Main Street right-of-way.
2. Construction of atrium canopies over various Perry Street entrances and
the licensing of the encroachments into the Perry Street right-of-way.
3. Extending the construction of the sidewalk, landscaping and along the
South Park Avenue side of the facility eight feet into the South Park Avenue
right-of-way and licensing the use of this portion of the South Park Avenue
right-of-way. .
It is also proposed that the Urban Renewal Plan be amended to allow, in
the future, for: the acquisition of two parcels of property bounded by
Baltimore Street on the west. Perry Street on the north, Columbia Street on
the east and South Park Avenue on the south; construction of a surface parking
lot on the acquired sites for approximately 750 vehicles; and the
reconstruction of Baltimore Street in conjunction with the parking lot
development. However, this action is a future phase and, therefore, the
environmental assessment for the proposed three plan changes has been segmented
and excludes any review of future phases.
As a result of this environmental review, the Lead Agency has determined
that the undertaking of this action will not constitute an action significantly
affecting the quality of the environment. No further environmental review of
this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination:
The proposed design changes are minor
and not significant in terms of their scope. magnitude and effect on the
environment. The "crow's nest" and atrium canopies will improve the overall
architectural design of the Arena building.
The increased setback on South Park Avenue will improve the overall
visual setting of the project area. and improve pedestrian access.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, WILLIAMS - 12.
NOES - ZUCHLEWSKI - 1.
No. 64
CDBG Section 108 Loan
400 Elmwood Associates
Item No. 93, C.C.P. 2/7/95
This communication is in response to the "HOUSING WATCH" dated
January 30, 1994, from Richard Kern, Housing Advocate.
Several issues that were addressed in the communication from Richard
Kern, were not an accurate depiction of the basis for our decision to provide
Section 108 financing for the 400 Elmwood Avenue Project.
The following is our response to each respective issue:
QUERY #1 - (a) Trammell alleges he lost money on the building over a
three year period despite subsidized rents totalling over $40,000 monthly
($480,000 annually), (b) while providing few services (no security) or, (c)
live-in supervision despite a preponderant "disabled" population)
RESPONSE: - (a) Mr. Trammell has provided BEDC with audited financial
statements for years ending 12/31/91, 12/31/92 and 12/31/93 for the 400 Elmwood
Avenue Complex. Our analysis of said financial statements revealed a
negligible year end cash position, after factoring in debt service payments
associated with the first mortgage, allowing for the cash deposit into the
reserve account, which is mandated by the 1st mortgage holder, and payment of
the annual Letter of Credit fee, which is securing the 1st mortgage bonds.
Cash flow at the end of each respective year was $24,176, $11,247 and $12,252.
Our analysis of the inability of the facility to generate sufficient cash
flow to maintain the building, revealed, that the annual cost of electricity,
which during the period prior to conversion of the heating system from electric
to gas, amounted to more than $103,000 or approximately 21.63% of annual
income, created a severe strain on cash flow. (b) Mr. Trammell advised the
writer that there is a maintenance person on staff during the day, and that RJD
Security also monitors the building. It is important to add that this is a
"key" entry building. Therefore, the only way an intruder can gain access to
the building is if one of the tenants allows entry. (c) There is no live-in
supervision because, the building is not a skilled nursing facility. To the
contrary, it is a low income housing facility. Each respective tenant, who, it
is important to note, is screened by the Rental Assistance Corporation, must be
capable of independent living. However, many of the residents are counselled by
Horizons Medical Clinic, The Linwood Clinic and Northeast Mental Clinic. These
clinic's act as liaison between the tenant and the landlord, as well as,
provide mental health counselling and physical therapy. They also dispense
medications to several of the tenants and monitor the affect of certain
medications when required.
QUERY #2 - Critical maintenance and safety problems went unaddressed,
leading to the serious injury of a man in March by falling cement from the roof
ledge. The victim has been disabled since the accident, a negligence lawsuit
has been filed, and the building has been roped-off to avert another
catastrophe.
RESPONSE: - The only lawsuit BEDC is aware of is one that was filed in
1991 by an individual who was injured in a housing complex Mr. Trammell owns in
Niagara Falls, New York. The Title Insurance Policy, which was updated in
February 1995, does not reveal any other pending litigations.
Based on our comprehensive analysis of the audited statements provided by
the Partnership, which substantiated the inability of the Partnership to
provide the funds from internal sources to correct the building code violations
and to upgrade the units, assistance to finance these improvements was deemed
necessary and appropriate in order to avert any further incidents related to
building code violations.
QUERY #3 - Section 8 subsidies may be paid only if a building is code
compliant, but obvious violations resulted in no action by the Rental
Assistance Corp (which manages the subsidies for HUD) or City building
inspectors (Housing Court can withhold subsidies to make repairs).
RESPONSE: To the contrary. The Rental Assistance Corp. and the City of
Buffalo Building Inspection Department formally cited the building. Housing
Court was also notified of the code violations, and upon notification, summoned
Mr. Trammell to appear before the judge to respond to the citation.
If an order would have been issued by the court to hold back payment of
the subsidy immediately upon the issuance of the citation, without allowing the
owners adequate time to raise the funds to correct the violations, it would
have resulted in the Partnership's inability to pay the operating costs
associated with the building, i.e. payment for electricity and gas usage,
insurance, etc., and which would have lead to the possible termination of these
services.
Subsequent to negative responses from several conventional lender's, Mr.
Trammell approached the City, in a last ditch effort to secure the necessary
funding to correct the housing code violations. Upon assurance that a loan
request would be submitted to the Dept. of HUD for funding consideration, and
after barriers were placed around the building to secure it, Housing Court
allowed Mr. Trammell a minimal amount of time to obtain the financing and to
complete the repairs.
QUERY #4 - Over $200,000 has been approved to make roof repairs although
tenants allege interim repairs have been made by Clarkson Center trainees at
minimal cost to Trammell.
RESPONSE: - Minor roof repairs were made by Clarkson Center trainees,
however, the Section 108 Budget does not include a line item cost for roof
repairs. Therefore, the roof repairs were never intended to be financed with
the Section 108 loan.
QUERY #5 - The 70 year old furnace Trammell alleges needs replacing, was
actually replaced by an inexpensive electric heating system in 1985. The
electric system was replaced by gas hot water heat (including domestic hot
water) 1 1/2 years ago by Energy Network, Inc., at a cost of $160,000. Yet
$200,000 of the $800,000 loan is to replace the heating system now.
RESPONSE: - To the contrary, the budget item referred to above is clearly
outlined in the Use of Funds as the "REFINANCING" of the conversion heating
loan. The energy loan was through Eastern Utilities EUA Cogenex Corporation
("Eastern"), the subcontractor was Energy Network, Inc. The total contract
amount which included a 2% energy savings rebate to Eastern aggregated
$215,284. Subsequently, the Partnership paid the loan down to approximately
$158,000.
The energy loan was paid off (refinanced) with proceeds from the Section
108 loan. The high cost (16%) energy loan was refinanced with low cost (8.50%)
Section 108 funding. The intent was to enhance cash flow to insure that it
would be sufficient to cover the projected debt service. Under current
industry standards, this would be considered a prudent and rational decision on
our part. As is our policy when our funds are utilized to pay-off or
refinance existing liabilities, the $158,000 was wire transferred directly to
Eastern.
OTHER PERTINENT INFORMATION:
The City's participation was sought, and subsequently approved, because
of the inability of the Complex to secure bank financing. The hesitancy of the
private sector to finance this project, was caused primarily by the fact that
there is an existing 1st mortgage on the facility. Therefore, any subsequent
lender would be in a subordinate position to the senior lien holder, and,
coupled with the minimal cash flow generated by the Project, conventional
lending sources were not a viable or achievable alternative funding source.
The City, therefore, felt it prudent to provide the funds needed to
correct the housing code violations, and to upgrade the apartments. The City's
participation: (a) prevented potential closure of this complex, (b) prevented
the eventual homelessness of these "Special Need Individuals".
It is also important to note that there are 77 units in the Complex, of
which 2 are occupied by non-minority low income individuals, and 75 of which
are occupied by African-American low income individuals. All of the units are
occupied by persons with disabilities. Based on a loan per unit cost analysis,
the $800,000 Section 108 loan equates to only $10,390.00 per dwelling unit.
DISBURSEMENT PROCEDURE:
There are specific and stringent procedures which BEDC must adhere to
satisfy generally accepted auditing principals, relative to the reconciling of
requests for loan disbursements. They are the following:
(1) Each respective request for disbursement must be accompanied by current
invoices and an AIA certifications, each of which, must provide the date said
improvements were completed, must describe the item or items that are being
requisitioned, and the cost associated with each respective item that payment
is being requested for. Said supporting documentation must be in form and
content acceptable to us.
(2) The loan officer is required to make an on-site visit upon receipt of
each respective loan disbursement request. This process is to insure that the
repairs have been completed in accordance with the job specifications.
(3) The owner/developer cannot be reimbursed for work completed prior to loan
approval. This procedure is enforced pursuant to HUD (CDBG) Regulations. In
the event the project cost is less than the amount reflected in the original
budget, submitted by the borrower, at the time the loan is requested, the
Section 108 loan must be reduced dollar for dollar.
Specific to a Section 108 loan, the entire amount must be disbursed to
the Borrower, who must be made liable from the onset for the entire loan
amount. This policy is unique to the procedure when dealing with CDGB or
non-Section 108 funds in that debt service on the aggregate amount is billed by
the federal grantor upon wire transfer of the funds to the City. To insure
that the City does not have a negative arbitrage, the difference, if any, after
all expenditures have been reconciled, is deposited in a 2 party,
(BEDC/Borrower) debt service reserve account.
It has however, been our experience, particularly with projects that
involve renovations to older buildings, that there has not been an abundance of
excess loan funds. To the contrary, actual project costs have typically
exceeded the budget.
(4) When a credit request includes the refinancing of an existing credit
facility, one of the following factors must pertain:
(a) It is deemed necessary to enhance our collateral position.
(b) The interest rate charged is higher than the industry standard, thereby,
creating an undue strain on cash flow, which would inevitably hamper the
ability of the Borrower to pay the debt service on our loan in a timely manner.
(c) The private sector loan has matured and requires a balloon payment which
the Borrower is unable to refinance from internal working capital sources or
the refinancing thereof from a private sector lender. In circumstances of this
nature, our loan generally circumvents cessation of operations.
ANNUAL AUDITS:
BEDC is audited annually by the economic development staff of the Dept.
of HUD, the Inspector General, by a 3rd party accounting firm, and by the City
of Buffalo auditors. We are happy to report that there have been no findings
relative to our disbursement procedures.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 65
Request Fee For Euthanasia
Animal Shelter
I am hereby requesting that the Common Council approve a fee of
$10.00 (ten dollars) for the euthanasia of dogs, cats, and other animals under
the care of the City of Buffalo Animal Shelter.
Mr. Pitts moved:
That the communication from the Department of Street Sanitation, dated
March 7, 1995, be received and filed; and
That the Common Council hereby authorizes the Corporation Counsel to
prepare an Ordinance Amendment to create a fee of $10.00 (Ten Dollars) for
euthanasia of animals under the care of the City of Buffalo Animal Shelter.
PASSED.
AYES - ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - COPPOLA - 1.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 66
Report of Emergency Demolition Bid
for 2648 Bailey Ave. & Garage
Due to the 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 28,
1995 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
2648 Bailey Ave. & Garage Integrated Waste Special Services
Michael P. Catanzaro
2648 Bailey Avenue $6,800.00
Buffalo, New York
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 March 1, 1995, be, received and filed; and
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 $6,800.00, relating to 2648 Bailey Avenue 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
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES - 13 NOES - 0.
No. 67
Report of Emergency Demolition Bid
for 40 Pershing Front Only
Due to the 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 March 10, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
40 Pershing Front Only Integrated Waste Special Services
Maria Bowman
334 East Ferry Street $5,900.00
Buffalo, New York
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 March 14, 1995, be, received and filed; and
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 $5,900.00, relating to 40 Pershing, Front Only, 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. 68
Report of Sewer and Water
Termination at the property
432-38 Connecticut Street
Item No. 106 CCP 10/18/94
In reference to the above-stated Common Council communication,
I would like to supply your Honorable Body with the following information. The
property located at 432-38 Connecticut Street was originally bid for demolition
without sewer and water termination. The sewer and water were to be left
untouched and were to be re-used by the developer reclaiming the site.
When an attempt was made to use the former sewer and water lateral, it
was found to be in non-conformance with the Plumbing Code. An administrative
decision was made to terminate the former sewer and water laterals.
The prime contractor on the demolition portion of this project was Cedar
Wrecking & Salvage. The rate being charged by this contractor for two (2)
sewer and water terminations total $1,370.00. We feel that this amount is a
reasonable and fair charge for this service. We, therefore, respectfully
report to your Honorable Body that the cost of the project is to be charged to
the Capital Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 69
Report of Correct Account for the
Demolition of 647 East Delavan Avenue
Item #60 CCP 1/24/95
We respectfully request approval by your Honorable Body that the
cost of the above-stated property be charged to this department's Capital
Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 70
Report of Correct Account for
the Demolition of 1112 Sycamore Garage Only
Item, #136 CCP 9/20/94
Item #75 CCP 3/7/95
We respectfully request approval by your Honorable Body that the
cost of the above-stated property be charged to this department's Capital
Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 71
Report of Rejection of Bid
Offers - J. Martin
#68 CCP 12/27/94
Due to the non-performance of contract the bid offers of J. Martin
for the below-stated properties have been rejected by our department:
525 Howard Street $6,995.00
210 Johnson Street Garage Only $2,000.00
The costs of these projects had been charged to the Special Assessment
Fund #500-000-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 72
Report of Cancellation of
Demolition Order on
441 Masten Avenue
Item #40 CCP 12/13/94
Item #64 CCP 1/24/95
Please be advised that your approval is required in order that
the aggregate bid costs for 168 Chester Street, 15 Elsie Place and 441 Masten
Avenue be reduced by the cost of the cancelled demolition order for 441 Masten
Avenue.
The total aggregate bid cost will be reduced by $5,900.00.
We therefore respectfully request that upon approval by your Honorable
Body that the cost of the project, $17,800.00, be charged to the Special
Assessment Fund #500-000-002-00000, that said cost shall be collected against
the owner or person in possession benefitted, under the provision of Chapter
113 of the ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 73
Request to Rescind Demolition
Costs for 70 Watson Street
Item #80 CCP 7/21/92
We respectfully request approval by your Honorable Body to rescind
the demolition costs as stated in CCP Item No. 80 dated July 21, 1992. The
costs for this demolition were paid through Block Grant Funds, but were
approved for collection through the Special Assessment Fund #500-000-002-00000.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated March 15, 1995, be, received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
he hereby is authorized to rescind the demolition costs for 70 Watson Street as
stated in Item No. 80, C.C.P., July 21, 1992.
PASSED.
AYES - 13 NOES - 0.
No. 74
Liquor License Request - 433 Elmwood
Item No. 74, C.C.P. 1/24/95
With regard to the above subject property please be advised of
the following:
This property was inspected on February 24, 1995 by Building Inspector
Art Kostrzewa; whereby on this date he reports there are no outstanding
violations, no outstanding building permits and no pending court cases.
Approved use as a restaurant per building permit #B-24066 (conversion).
Property is in sub-compliance no further action needed.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
Liquor License request - 130 Genesee St.
Item No. 85, C.C.P. 2/7/95
With regard to the above subject please be advised of the following
inspection results:
This property was inspected on February 22, 1995 by Building Inspector
Art Kostrzewa; whereby on this date he reports there are no outstanding letters
of violation, no outstanding building permits or court cases pending. Approved
use as a sit-in restaurant per building permit #B-11138 dated July 15, 1991.
Property is in substantial compliance. No further action at this time.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 76
Liquor License Requests 2/21/95
With reference to the above subject properties please be advised
of the following inspection results:
667 Grant: This property was inspected on March 10, 1995 by Building Inspector
Art Kostrzewa; whereby on this date he reported there is legal use as a
restaurant/bar, which was established upon erection of the building verified by
card file and permit #29726 dated November 18, 1937. The exterior of the
building is in substantial compliance. The interior of the building has been
newly decorated and a letter of compliance was issued for the permit work under
permit #26898 dated 10/24/94. There are no outstanding letters of violation
and no court cases pending.
511 Ohio: This property was also inspected on March 10, 1995 by Bldg.
Inspector Art Kostrzewa; whereby on this date he stated legal use as C-5.1
(Assembly-Gun Club) has been established per building permit #B 15970 dated
July 8, 1992. There are no outstanding letters of violation,, no outstanding
building permits and no court cases pending. Property is in substantial
compliance.
519 South Park: Building Inspector Art Kostrzewa notes there is no such
address on South Park St. as per copy of assessment reports (attached). There
were no signs of McCarthys Clam Digger present at any adjacent properties in
this area. At this time Inspector Kostrzewa was unable to locate this property
for proper inspection.
We trust this will satisfy your inquiry. Should you have any questions
please feel free to contact this department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
Carbon Monoxide Ordinance
Item No. 176, C.C.P. 2/21/95
In response to the above stated Common council communication I
would like to supply your Honorable Body with the following information. As
the age of the housing stock of the City of Buffalo increases, the safety
controls on heating and other fuel burning devices become more antiquated.
Heating plants such as furnaces and boilers are generally considered very
reliable devices. Many of these fuel burning appliances are not routinely
cleaned and maintained. This lack of consideration for these appliances could
become a safety hazard. In recent years it has become common practice to
weatherize our homes by insulating and weather-stripping to eliminate drafts.
In trying to be fuel conscious we also do not allow our homes to breathe, thus
trapping any foreign fumes that may affect our health. The smoke detector is
an inexpensive and reliable device that has saved countless lives and saved
millions, possibly billions in property damage. The adoption of that ordinance
was perhaps the most important piece of legislation to be adopted by your
honorable body. We in the Department of Inspections and Community
Revitalization feel that the adoption of a carbon monoxide detector ordinance
will not only compliment the smoke detector ordinance, but enhance it. It is my
sincere hope that this response satisfies your inquiry
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 78
Reallocation of HOME Funds
BURA Item #11 At February 23, 1995
The Commissioner of Inspections and Community Revitalization respectfully
requests the Common Council of the City of Buffalo to approve the Department's
request to reallocate the 20th Year HOME Rehabilitation funds from the Ellicott
and Masten allocations to Citywide City Property Rehabilitation Program (CPR).
The CPR Program will be administered by BNRC.
The first phase of the CPR Program will address six (6) properties in the
following Councilmanic Districts: Masten (2), Ellicott (1), Niagara (1),
Delaware (1) and South (1).
These properties are problem properties, or in the City's inventory of
properties with the Comptroller's Office. The City and BNRC have an agreement
to rehabilitate these properties per an executed document of November, 1994.
The funds would be reallocated as follows:
$200,000 From the Ellicott District
$100,000 From the Masten District
These funds will be replaced in the 1995-1996 HOME funds allocation for
projects outside of the Ellicott and Masten Districts.
The District HOME funds are currently earmarked for just such a program /
project.
The funds will be used on a draw basis. All program applicants, served
under this program, are required to meet the attached Section 8 Income
Guidelines and to conform to all other existing regulations of HUD and BURA.
This request represents the continuation of the City of Buffalo's
commitment to provide affordable home ownership opportunities through the
Rehabilitation of City In Rem and HUD foreclosed property inventories.
BNRC has examined all properties currently with the Division of Real
Estate In Rem Inventory, and has compiled a list of one and two family
residential structures deemed appropriate for rehabilitation.
This inventory of properties also reflects those properties which are
problem properties (i.e., the Weed and Seed Program, which are properties that
were reposed by the U.S. Marshall's Office).
The rehabilitation will address all State and City building codes,
environmental reviews and energy efficient issues. The reallocation of the
HOME funds to the CPR Program will be used as a revolving rehabilitation fund.
The fund, from time to time, will be used to subsidize the purchase price to
those families which qualify.
The average cost of the rehabilitation per property is approximately
$45,000. These funds shall be returned to the CPR Project Account at the time
of closing, from the proceeds of sale, less any developmental cost associated
to the project. Also, BNRC has agreed to pay a price for each property to the
City of Buffalo, from the proceeds derived from the sale of each rehabilitated
property. The amount is to be determined by the appraisal of the
prerehabilitation value of each property, and mutually agreed upon by both
parties, as per the agreement between BNRC and the City of Buffalo, dated
November 3, 1994. If necessary, BNRC will hold the mortgage on the
rehabilitated properties, to ensure an affordable monthly mortgage to the home
buyer.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 79
Loan Review Committee Form Rental Rehab. Loans
1. 227 Colvin - $17,000
2. 3165 Main - $80,000
3. 438 Richmond - $25,000
4. 2033 Genesee - $10,000 TOTAL: $132,000
I am respectfully requesting your approval for a total of $132,000
of HOME Rental Rehab. funds for the following properties: NOTE: These funds
will be loaned at 4% for 15 years (see attached BURA item).
1. 227-233 COLVIN AVENUE
OWNER(S):
Thomas Shanahan & Kevin Shanahan
88 Greenwood Place 256 Parkedge Avenue
Buffalo NY 14213 Tonawanda NY 14150
8 Units - Total amount of HOME Rental Rehab. dollars requested is $17,000
2. 3152 MAIN STREET
OWNER(S):
Michael & Mary Miranda
3165 Main Street
Buffalo NY 14214
8 Units - Total amount of HOME Rental Rehab. dollars requested is $80,000.
3. 438 RICHMOND AVENUE
OWNER:
Thomas Wilcox
156 Wesley Avenue
Buffalo NY 14214
11 Units - Total amount of HOME Rental Rehab. dollars requested is $25,000.
4. 2033 GENESEE STREET
OWNER:
Thomas Wilcox
156 Wesley Avenue
Buffalo NY 14214
2 Units - Total amount of HOME Rental Rehab. dollars requested is $10,000.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 80
City Property Rehabilitation Program
Approval of transfer of City owned properties
Buffalo Neighborhood Revitalization Corporation
The Buffalo Neighborhood Revitalization Corporation (BNRC) is
requesting to purchase city owned property pursuant to an Agreement between the
City of Buffalo and BNRC which was approved by the Common Council on November
3, 1994.
The following properties are now requested to be purchased for the City
Property Rehabilitation Program Phase 1:
466 Winslow $2,500.00
431 Winslow $2,200.00
229 Massachusetts $2,400.00
936 West Ferry $3,000.00
41 Wohlers $1,700.00
BNRC proposes to rehabilitate these properties into four (4) single
family homes and one (1) duplex respectfully. The average cost of
rehabilitation for each of the properties is estimated at $45,000.00 and will
be funded by 20th year HOME Rehabilitation Funds as a revolving loan to the
project and repaid to the HOME Fund after rehab and closing with a purchaser,
less any developmental expenses (e.g. surveys, title reports, and redeveloper
fees).
Also, BNRC has entered into an agreement with the City of Buffalo dated
November 3, 1994 to repay the City for the property it has contributed to this
project from the proceeds of the sale of these completed units. The purchase
price of the City owned property as stated above is based on pre-rehabilitation
value of each property determined by an appraisal received by the Division of
Real Estate.
Also, attached is the Agreement which I have negotiated for your
approval.
I therefore respectfully request that Your Honorable Body approve the
transfer of the above mentioned properties for the purchase prices also stated
above to Buffalo Neighborhood Revitalization Corporation and that the
Corporation Counsel prepare the necessary documents for transfer of title and
that the Mayor of the City of Buffalo be authorized to execute any and all
necessary documents for said transfer of property.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 81
Property Disposition
to Public Safety Employees
I write this pursuant to your communication of March 7, 1995,
and in reference to your request to define the following subjects:
1. Definition of family as proposed in communication to the Council.
2A. If this proposal would create a situation of absentee ownership among
employees of the City of Buffalo.
1. Addressing the first issue, "Family" shall be considered all those
persons who are related to the applicant by blood or marriage and could be
determined as either dependent or independent members of this arrangement,
i.e., dependent children, nephews, nieces, grandchildren, mother-in-law or
independent one of same who resides as an integral part of the household.
2. The Program is designed and addresses the employees as principal owner
and occupant of the proposed dwellings and is not designated to facilitate
absentee ownership.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 82
Salary Ordinance Amendment-Labor Relations Director
Item No. 127 C.C.P. 3/7/95
The salary ordinance amendment that is before you (originally
filed on February 21, 1995) is the result of a negotiation conducted between
Mr. Joos and myself as authorized by the Mayor. Mr. Joos was chosen from among
a field of approximately 20 persons after a two month search that involved
advertising locally and nationally.
The figure of $54,650 was arrived at for the following reasons:
--Mr. Joos' salary in Cheektowaga was approximately the same as that currently
budgeted for Labor Relations Director ($50,13 1).
--The number of employees for whom Mr. Joos would have responsibility in the
Buffalo job is ten times that of Cheektowaga.
--Mr. Joos would be responsible for negotiating all of the City's labor
contracts within his first six months on the job; the complexity and history of
antagonism that surround our negotiations, not to mention the budget problems,
would also make this task even harder.
--The Mayor has as a top priority creating a true Personnel Department, which
would involve asking Mr. Joos to oversee functions that were historically part
of Civil Service, Law and/or Payroll Audit.
--A salary of $54,650 is equivalent to that of the Budget Director.
--The Town of Cheektowaga had offered to match whatever the City of Buffalo
offered.
--The City of Buffalo has been without a Labor Relations Director since early
December and the position needed (needs) to be filled immediately.
Given this, I do not (and did not) feel that a salary of $54,650 was
unjustified. On the contrary, I feel that Mr. Joos showed his commitment to
the City and to his own professionalism by choosing to leave the job in
Cheektowaga despite the fact that they would match the City's offer.
The Mayor and I committed to the salary knowing that the Council needed
to approve the salary ordinance amendment. I respectfully request that you do
so immediately, for we have much to do.
I trust this answers you inquiry.
RECEIVED AND FILED.
No. 83
J. Turner- Reacquire title to 47 Glenwood
I would have to refer this item to the Tax or Collections Divisions
for comment, if the Turners did acquire the vacant lot at auction, they should
have received some notice of the delinquency on property taxes. No dates are
included in the Turners' letter. Without more information, it is difficult for
me to comment further.
I trust the Tax and Collections Division are also responding to this
item, and will clarify the situation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 84
Conserve Paper-City Hall
Item No. 190, C.C.P. 3/7/95)
I am in full support of efforts to conserve paper usage in City
Hall. I agree that resources such as E-mail are underutilized, and that
increased effort could result in cost savings. Joint purchasing of paper among
various City agencies could also be of assistance in ensuring the lowest price.
I will work with the General Service Department to arrive at such a plan.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 85
Audit-Police Criminal Process Fund
(Item No. 21, C.C.P. 3/7/95
I am in agreement with the Police Department's response to the
Comptroller's audit of the Criminal Process Fund. It is my understanding that
the Department has moved to comply with many of the directives outlined in the
audit as well as to reduce the balance in the fund from $10,000 to $2,500.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 86
Pollack Prtg. Parking Problems
Item No. 11 5. C.C.P. 3/7/95)
I have discussed the parking problems that Mr. Cymerman describes
with Parking Violations Director Sciolino, We both agree with Mr. Cymerman that
the solution for Pollack Printing's employees is to find them off-street
parking.
As a result, we have asked Commissioner Bicz to contact the organizations
that control surface parking in Pollack's area--Health Care Plan, Roswell Park,
Trico or others--to see if an arrangement can be arrived at that will satisfy
the employees' needs. We will be happy to help the process if we can.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 87
NY Power Authority - Low Cost Power Incentives
Item No. 113, C.C.P. 3/7/95)
I am supportive of any dialogue that will help the City to reduce
its costs, particularly in the energy area.
The NYPA suggestions are encouraging. Using the Authority's power in the
Sewer Authority could save up to $2 million; should Assemblymember Hoyt's
legislation pass, we will follow up immediately (it has been part of the City's
legislative agenda for some time).
With respect to the City's power costs, changes to the Authority's
enabling legislation will take time and may be difficult to secure unless all
municipalities are included. We are nonetheless supportive of the dialogue and
will be happy to participate in any way. In addition, as you know, the City has
retrofitted almost all of its lighting fixtures over the past two year through
the Niagara Mohawk Power Partners program, saving almost 12% on electric bills.
We have encouraged the Buffalo Public Schools to do the same, and are pleased
to see one school has begun effort in that direction. We are continuing to
talk with Niagara Mohawk about other measures that could reduce City electric
costs.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 88
Solutions to Budget Gap Problems
Item No. 189, C.C.P. 3/7/95
As requested, below are our comments on each of the 20 items suggested
in Mr. Bell's resolution:
1. Freeze capital outlay and all non-essential line items. We have not
frozen capital outlay spending as the capital outlay budget was reduced
substantially in the 1994-95 budget already and was composed entirely of
essential items. We have substituted capital outlay funds for 400-account
expenses where possible and we intend to spend down the "050" reserve account,
backfilling the remaining capital outlay funds which we will use to close the
current year projected gap of $4.3 million. With respect to other
non-essential line items, as you know, we have frozen the 300, 400 and 500
series accounts and are approving expenditures only where absolutely necessary.
We still anticipate about a $500,000 savings to the 1994-95 projected gap from
this action.
2. Do not consider capital projects unless they will increase cash flow or
reduce expenses. The Mayor's recommended capital budget for 1994-95 was
composed entirely of items that were necessary for safety, required by outside
order or allowed us to reduce expenses. The capital budget process for 1995-96
is underway, and I have informed the CAC to produced a prioritized list of
projects that is produced with the understanding that there may be no capital
budget at all. I anticipate receiving the CAC's list in the next few weeks.
3. Fill all revenue producing positions. We have moved throughout the year
to fill all positions that will increase revenue and reduce overtime. Positions
filled recently include account clerk typist in substance abuse (to obtain
$183,000 in Medicaid reimbursement due the City), typist in civil service (to
perform background checks for the Board of Education), and license inspector in
Licenses to pursue outstanding vending machine licenses. We are in discussions
with Civil Service concerning the pilot project for administrative
adjudication, where we will be proposing the addition of 4 positions aimed at
increasing revenue.
4. Eliminate all non-revenue producing vacancies and upgrades. We have
eliminated all vacancies wherever possible, instituted an early retirement
program that produced more vacancies and will continue to look for
opportunities to do so. We have looked carefully at all requests for upgrades
and have only proposed them where they were part of a money-saving or revenue
producing reorganization or were critical in getting the right person for the
job.
5. Use seasonals wherever possible to reduce overtime. We are using
seasonal employees wherever possible, including the engineering department (to
assist in garbage collection) and the water authority. We have also used
interns wherever possible, for example assessment.
6. Eliminate the use of cellular telephones except when essential. This is
being done,
7. Eliminate the assignment of city vehicles except where essential This is
being done; in some cases we have assigned a city vehicle to avoid excessive
auto allowance expense. We will be considering further restrictions in the
next budget.
8. Freeze all consultant contracts. There are no opportunities to do so at
this time, as all contracts are for work that is being performed.
9. Reduce operating hours of community centers, pools and other city
facilities. We are considering as part of the next budget the consolidation of
community centers, senior citizens centers and other city facilities. We
believe that consolidation is more attractive than reducing the hours of
operation, as availability to residents is the most important aspect of the
service we provide.
10. Update building permit system to better monitor compliance. It is my
understanding that a new system is in the final stages of development in Data
Processing. We are in support of this activity.
11. Enhance use of voice mail and E mail to increase employee productivity
and cut costs. We support increased use of E mail as a means on improving
productivity and cutting paper/copier costs. Voice mail is not available
throughout City Hall, so E mail is an easier alternative at the present. We
will evaluate the benefits of voice mail on a department by department basis,
as the number and nature of calls received varies greatly.
12. Contract for demolitions in larger numbers, and do not allow for
emergency demolitions unless unavoidable. We are in support of this
recommendation; Commissioner Marconi should be asked for comment.
13. Bid out asbestos removal prices and rates once or twice a year in two
phases, regular demolition and environmental, also consider contracting
directly with landfills. We are in support of the recommendation; Commissioner
Marconi should be asked for comment.
14. Expand district heating program to various locations. We have asked
Commissioner Giambra to explore this idea with the potential customers--Pilot
Field should be added to the list--and await his response. Previous analyses
indicted that the capital cost of expansion was too high for the number of
customers. We have urged Commissioner Giambra to obtain formal statement of
interest where possible.
15. Develop a centralized purchasing system to obtain better prices. We are
in support of this recommendation and have been working with the re-engineering
consultants on a detailed plan in this area.
16. Computerize all inventories. I believe that the Data Processing Division
is currently working to do this and support their efforts; Comptroller Giambra
should be asked for comment.
17. Aggressively pursue the long-discussed joint computer system for the
Board of Education, Sewer Authority, etc. I believe the BFPC II report that
will be released on 3/22 will outline a plan in this regard and look forward to
seeing it. I am generally in support.
18. Invite private businesses to help with technical assistance, or by
offering special discounts. We are generally in support of this idea and have
pursued it where possible, an example would be Health Care Plan's program for
ergonomically redesigning the lifting of garbage, which was free to the City.
We will continue to do so in the future.
20. Put all unspent block grant money from Year 19 and earlier into separate
accounts and use them wherever possible to alleviate the burden on the City
budget whenever acceptable under HUD regulations. We are in support of this
idea and are pursuing it with HUD and the relevant departments and will be
discussing it with the Council soon. It is not without complication and will
involve change and cooperation from all.
I look forward to further discussion of these ideas at the Committee of
the Whole meeting and trust that this answers your inquiry.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 89
Various Resolutions Relating to Payroll Deferment
As a Means of Closing Projected Budget Gaps
Items No. 199, 204 and 205 C.C.P. 3/7/95
All three resolutions cited above suggest that deferment of pay
be used to close the City's projected budget gap; each of them proposes a
slightly different formula for deferring the pay, as follows:
--Resolution #199: defers 2 hours pay per week, or 9 1/2 days per pay
period
--Resolution #204: 9 days pay for 10 days work, until enough is saved to
prevent layoffs (estimated in the resolution at $2.5 million, or five pay
periods worth of deferment)
--Resolution #205: employees earning more than $50,000 in 1995 defer 2
days per pay period; employees earning less than $20,000 in 1995 defer 1 day
every other pay period (i.e 19 of every 20 days worked); employees earning
between $20,000 and $50,000 in 1995 defer 1 day every pay period.
All three resolutions propose that the deferred pay be returned to the
employee upon retirement. Resolution #205 also recommends a Blue Ribbon panel
to explore the institution of user fees and consolidation of services as
additional ways to close the gap.
This administration is dedicated to eliminating structural budget gaps
through recurring solutions that preserve vital services and keep taxes low.
Employees are an integral part of those solutions. We are willing to discuss
with any or all bargaining units the idea of deferred pay; thus far, we have
had limited discussions with selected units on the concept--and on some
variations of it--but have yet to receive any formal indication of interest.
As we move into formal negotiations with all of the units over the next few
months, we will seriously consider any proposal relating to deferred pay.
With respect to the suggestions about user fees and consolidation of
services, we are again happy to, and planning to, pursue both in the 1995-96
fiscal year. As has been mentioned publicly, we are planning to introduce a
user fee proposal as part of the Mayor's budget; we have been dialoguing with
the County on opportunities to consolidate services and are hopeful that they
will give us an indication of their willingness to proceed in the very near
future.
I look forward to further discussion of these ideas in the Committee of
the Whole and trust this answers your inquiry.
REFERRED TO THE COMMITTEE OF THE WHOLE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 90
Certificate of Appointment
Appointment effective March 3, 1995, in the Department of Human
Resources, Division of Substance Abuse Services, Sharon A. Fay, 293 Cumberland
Ave., Buffalo 14220 to the Position of Stenographer, Temporary, at the Inter.
Starting Salary of $ 22,368.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 91
Election of Officers
For your information and records, Members of the Buffalo Municipal
Housing Authority, at its regular meeting on February 23, 1995, elected a new
Chairman and Vice-Chairman of the Authority resulting from the resignation of
Donald A. Ort as Chairman.
Mary Rogers was elected to serve as Chairman of the Authority and due to
the vacancy created to the office of Vice-Chairman on the election of Mary
Rogers as Chairman, Modesto Candelario was elected Vice-Chairman. Both will
serve for a term commencing February 23, 1995 to the date of the next annual
meeting, October 26, 1995, or until their successors are selected.
Please adjust your records accordingly.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 92
Freeze Spending Council Accounts
CCP #209-March 7, 1995
Because of the complicated nature of the Council's activities,
freezing the #300, 400 and 500 line accounts of the Common Council, City Clerk,
and the Council President would seriously impair your abilities to function as
a governmental unit and do little to offset the $4.3 million deficit.
I an available to discuss this further at the Finance Committee meeting,
if you deem necessary.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 93
Deficit Reduction-Employee Payroll Deferment
CCP #199 & #204 - March 7, 1995
This item was referred to me for a response.
The difficulties I perceive with the institution of a lag pay policy are
as follows:
I have five classes of employees: a) Members of A.F.S.C.M.E. Local #650;
b) Members of A.F.S.C.M.E. Local #264; c) Exempt employees; d) Seasonal
employees; e) Interns and f) Records Management staff.
Five employees work a four day work week-10 hours per day.
The Records Management Staff are not paid with City funding.
Many employees work for $5.00 to $6.00 per hour, receive no benefits and
a loss of a day's pay for them would hurt them more than a higher paid
employee. This observation is just based on economics.
The institution of any lag pay policy would have to be uniform and cover
all employees.
To mention an incident, there was a matter involving summer hours whereby
some employees were paid for summer hours and some were not. Those that were
not felt bad and the employee morale problems that ensured were tremendous.
In conclusion, if an employee payroll deferment were instituted, it would
have to cover all employees.
In addition, please note that the Records Management Staff are not paid
with City funds. All unexpended funds would have to be returned to New York
State.
I am available to answer any questions regarding this matter.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 94
Reply to Audit - Marriage Bureau
I am unable to respond to the Audit of the Marriage Bureau until
the District Attorney has finished with his investigation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 95
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Department of Street Sanitation
Department of Public Works
Department of Human Resources
RECEIVED AND FILED.
No. 96
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
414 Pear Albert O'Casey's Sean-Joseph Inc.
864 Kenmore Paddy's Pub & Restaurant, Inc.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 97
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:
Street Sanitation- Anthony P. Vito
RECEIVED AND FILED.
No. 98
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
City Planning Board
Zoning Board of Appeals
Buffalo Preservation Board
RECEIVED AND FILED.
No. 99
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.
BOARD OF STADIUM AND MEMORIAL AUDITORIUM
Appointment effective March 14, 1995, in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, Joseph B. McCarthy, 267 Linwood
Ave., Buffalo, 14209 to the Position of Laborer I, Seasonal Non-Competitive, at
the flat Starting Salary of $6.22/hr.
Appointment effective March 14, 1995, in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, James A. Delmont, 106 Hartwell
Rd., Buffalo, 14216 to the Position of Laborer II, Seasonal Non-Competitive, at
the flat Starting Salary of $6.92/hr.
DEPARTMENT OF ASSESSMENT
Appointment effective January 9, 1995 in the Department of Assessment
Antoinette G. Vona, 108 Dempster Street, Buffalo NY 14206 to the Position of
Clerk, Seasonal Non-Competitive, at the Flat Starting Salary of: $5.20 hourly
Appointment effective March 9, 1995 in the Department of Assessment Leroy
Moses, 359 Suffolk #11, Buffalo NY 14215 to the Position of Clerk, Seasonal
Non-Competitive, at the Flat Starting Salary of: $5.20 hourly
DEPARTMENT OF PUBLIC WORKS
Appointment effective 3/10/95, in the Department of Public Works,
Division of Engineering, Joseph M. Masi, 907 Niagara St., Buffalo, NY 14213 to
the position of Laborer I, Seasonal Appointment, at the Flat Starting Salary of
$ 6.22/hr.
Appointment effective March 14, 1995, in the Department of Public Works,
Division of Engineering, Helder Dias, 2026 Hertel Ave. Apt. #4, Buffalo, NY
14214 to the Position of Laborer I, Seasonal Appointment at the Flat Starting
Salary of $6.22/hr.
Appointment effective March 14, 1995, in the Department of Public Works,
Division of Engineering, to the Position of Laborer I, Seasonal Appointment, at
the Flat Starting Salary of $6.22/hr.
William McKnight, 1736 Hertel Ave., Buffalo, NY 14216
Anthony Gregory, 27 Commonwealth Ave., Buffalo, NY 14216
DEPARTMENT OF HUMAN RESOURCES
Appointment effective March 3, 1995 in the Department of Human
Resources, Division of Youth, Alfred Williams, 23 Leonard, Buffalo 14215 to the
Position of Attendant, Temporary, at the Flat, Starting Salary of $4.42/hr.
Appointment effective March 6, 1995, in the Department of Human
Resources, Division of Youth, Marcus Turner, 183 Goulding, Buffalo 14208 to the
Position of Attendant, Temporary, at the Flat, Starting Salary of $ 4.42/hr.
Appointment effective March 10, 1995, in the Department of Human
Resources, Division of Youth, Rosena Williams, 26 Proctor, Buffalo 14215 to the
Position of Attendant, Temporary, Appointment the Flat Starting Salary of
$4.42/hr.
Appointment effective March 14, 1995 in the Department of Human
Resources, Division of Youth, to the Position of Attendant, Temporary at the
Flat Starting Salary of $4.42/hr.
Rushia Kowalewski, 280 East, Buffalo 14207
Lenora Czaplicki, 19 Olga, Buffalo 14206
Christine Kuklewicz, 42 Schmarbeck, Buffalo 14212
Tim Akanbi, 74 Richlawn, Buffalo 14215
Gloria Wiley, 199 Leroy, Buffalo 14214
Monica Payton, 41 St. Louis, Buffalo 14211
Appointment effective March 16, 1995 in the Department of Human
Resources, Division of Youth, to the Position of Attendant, Temporary
Appointment at the Flat Starting Salary of $4.42/hr.
Carlos Roa Jr., 138 Grote, Buffalo 14207
Rosalyn Porter, 353 Northumberland, Buffalo 14215
Susan Polichetti, 162 Whitfield, Buffalo 14220
Appointment effective March 3, 1995, in the Department of Human
Resources, Division of Youth, Sandra Vaughan, 58 Locust, Buffalo 14202 to the
Position of Supervisor, Temporary, at the Flat Starting Salary of $5.20/hr.
Appointment effective: March 14, 1995, in the Department of Human
Resources, Division of Youth, Kristy Ernest, 91 Milburn, Buffalo 14212 to the
Position Of Lifeguard, Seasonal, Non-Competitive, at the Flat Starting Salary
of $5.20/hr.
Appointment effective March 14, 1995, in the Department of Human
Resources, Division of Youth, Albert Killian, 232 Thompson, Buffalo 14207 to
the Position of Supervisor, Temporary, at the Flat Starting Salary of $
5.20/hr.
DEPARTMENT OF GENERAL SERVICES
Appointment effective March 6, 1995, in the Department of General
Services, Division of Inventory & Stores, Jesus D. Acosta, 309 Fargo Ave.,
Buffalo, NY 142134 to the Position of Laborer II (Seasonal), Non-Competitive,
at the Flat Starting Salary of $6.92/Hr.
Appointment effective March 15, 1995, in the Department of General
Services, Division of Inventory & Stores, Liam C. Caulfield, 67 Shenandoah Rd.,
Buffalo, NY 14220 to the Position of Laborer II Seasonal, Non-Competitive, at
the Flat Starting Salary of $6.92/hr.
Appointment effective March 15, 1995, in the Department of General
Services, Division of Inventory & Stores, Luis T. Feliciano, 79 Manchester ,
Buffalo, NY 14213 to the Position of Laborer II Seasonal, Non-Competitive, at
the Flat Starting Salary of $6.92/hr.
No. 100
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements).
RECEIVED AND FILED.
DEPARTMENT OF POLICE
Appointment effective February 24, 1995, in the Department of
Police, Thomas R Mayes, 165 Bissell Avenue, Buffalo 14211 to the position of
Cellblock Attendant, Permanent, at the Minimum Starting Salary of $22,266
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 101
THE AUD CLUB, INC.
Sublease of Erie Basin Marina
As you may be aware, the Aud Club, Inc. is no longer directly
operating a food service business, having sublet the concession agreement for
The Aud Club to New York SportService, Inc. Consequently, to fulfill The Aud
Club's food service obligations with respect to The Hatch under the Marina
Lease, pursuant to Section 13 of the Marina Lease between the City of Buffalo
and The Aud Club dated May 1, 1986 as amended and extended, The Aud Club is
hereby giving notice that it will exercise its right to sublease The Hatch
restaurant portion of the Erie Basin Marina facilities to New York
SportService, Inc., and the remainder of the facilities (the Marina) to The Aud
Club's parent, Niagara Frontier Hockey, L.P.
New York SportService has provided exceptional, personal service, a
varied menu and excellent food to our season ticketholders in The Aud Club
since the commencement of the sublease, and we are confident that this standard
will also apply to The Hatch. Of course, SportService has the further
attributes of considerable experience in the operation of concession and
entertainment facilities, substantial net worth, and the added benefit of being
a locally owned business. Although SportService will assume all of the
responsibilities and obligations for operation of The Hatch, and Niagara
Frontier Hockey, L.P. will assume all of the responsibilities and obligations
for operation of the Marina, The Aud Club will remain fully responsible and
liable to the City for performance under all of the terms and conditions of the
Marina Lease.
I trust that this arrangement meets with your approval. To fulfill the
formalities required by Section 13 of the Marina Lease, please have both
counterparts of this notice countersigned, indicating the City's consent to the
subleases, and return one of the originals in the enclosed envelope. If you
have any questions or concerns about the assignments, please contact me at
856-7300, ext. 280, or Associate Counsel Helen A. Drew at 856-7300, ext. 425.
Thank you for your cooperation in this matter.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 102
THE AUD CLUB, INC.
Proposed Sale of Erie Basin Marina
Please be advised that The Aud Club, Inc. is prepared to consider
purchasing the Erie Basin Marina, depending upon the terms and conditions to be
set by the Common Council and the results of the study and appraisal alluded to
in to the Common Council Resolution on this matter. We have been advised by
counsel, however, that if the City wishes to proceed with the sale of the
Marina to a third party, it must obtain the Aud Club's consent to the
corresponding assignment of the Marina Lease to which The Aud Club, Inc. and
the City are parties.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 103
Buffalo Cable Access Media
Financial Reports for the eight (8) months of FY 94 - 95
from July 1, 1994 - Feb. 28, 1995.
Buffalo Cable Access Media (BCAM) is submitting financial reports
for the period of July 1, 1994 - February 12, 1995. This period covers the two
(2) budgets approved by the Common Council in July 1994 and September 1994.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 104
Buffalo Cable Access Media
BCAM FY 94 - 95 budget
four (4) months of fiscal year ending June 30, 1995.
Effective February 12, 1995, TCI extension to continue providing
cable service in Buffalo makes provisions for public access services to
continue to be provided to the community during this period.
Buffalo Cable Access Media (BCAM), is submitting its FY 94 - 95 budget
for the remaining four (4) months of its fiscal year ending June 30, 1995.
This budget parallels with the extension granted TCI of New York, Inc., to
continue to provide cable television service in Buffalo for another six (6)
months, which commenced February 12, 1995. Upon approval of this budget by the
Common Council this budget will be in effect until June 30, 1995.
BCAM is requesting the remainder of the $100,000 ($33,200) be allocated
for its operation for this period. Additionally, BCAM is requesting that the
$33,200, be made available no later than March 31, 1995, or upon approval of
this budget.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 105
CITIZENS RAPID TRANSIT COMMITTEE
Favors Use of RR - ROW
for Transportation Uses
The recently announced proposal of the City of Buffalo to use
abandoned or underutilized railroad rights-of-way for truck routes in support
of industrial development is both innovative and a bold vision. In particular
the proposal to serve the American Axle plant on Delavan Avenue could help two
forms of transportation and provide transportation access to the carless of the
community, estimated at approximately 50%. How? By providing for LRRT
right-of-way along with the highway alignment. Coincidentally, many of the 50%
of the community do not have good transportation access for employment
opportunities.
The City's current planning for the Main-LaSalle Station area envisions
the station as an activity center as well as a transportation mode transfer
point ... car to rail, bus to rail, rail to rail. This could provide employees
direct access from the spine of the LRRT into a new employment center. With an
estimated employment level of 3,000, American Axle would propagate the need for
parking, as well as area roadway access into their facility. Capital costs,
maintenance costs would be better spent in the long-term on providing LRRT
access with the truck route. Future plant expansion could then use the vast
acreage used for parking. With the LRRT expansion, a portion of the planned
route into the airport and Cheektowaga would be realized. The Tonawanda
Corridor, to the north of Main-LaSalle, would also be more viable. This
concept is not a paper dream, but a detailed plan that begs for community
leadership and vision to implement it. The City's proposal could be that much
needed start.
The Citizen's Rapid Transit Committee [CRTC] supports the City's
proposal, provide that sufficient right-of-way, 50-feet, be reserved for LRRT
and that the adjacent land use planning and total investment analysis include
LRRT.
RECEIVED AND FILED.
No. 106
CHERRY-HICKORY, INC.
Compromise Demo Claim
346 Genesee Street
On June 25, 1991 protest was filed with your office challenging
an assessment of $19,476.00 charged against premises 346 Genesee Street owned
by Cherry-Hickory, Inc. A copy of the protest is attached hereto.
The Corporation Counsel after a review, recommended that the matter be
settled on the basis of the facts set out on the protest. At a hearing on
December 1, 1991 before the Common Council the matter was adjourned pending
clearing of the site in a manner acceptable to then Ellicott District
Councilman James Pitts. My client has had the site cleaned and rough graded a
number of times since then, but the matter still pends.
We are now in receipt of a notice of In Rem Tax Foreclosure on the
premises and on the recommendation of Ms. Bruna Michaux, Senior Tax
Administrator, and Mr. David J. State, Assistant Corporation Counsel, we are
writing to you seeking to know the present status of our original protest and
hoping for a final resolution of the matter before the property is lost to
foreclosure.
My client continues to stand by his original offer to contribute the sum
of $6,685.00 to the cost of debris removal, the figure we believe to be a
correct assessment of the charge for which he can be held responsible.
Please advise at your earliest opportunity.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 107
Clover Management
Housing Construction
Hewitt-Robins Site
I am writing this letter to express my interest in constructing
a minimum of 125 units of low to moderate income senior citizen housing on this
site. I am currently finalizing my financing for a similar project in the
University District (just off of Main Street). I believe that these projects
are very important to the City of Buffalo in providing nice, secure housing for
our aging population.
I have enclosed an artists rendering of the 125 unit building. The
project will cost around $6.5 million. There are no city subsidies required
for this project except for a limited amount of grant money for infrastructure
improvements. Given the rocky nature of this site, I believe approximately
$200,000 of grant money will be required.
I am prepared to move immediately on this project. My construction plans
will be finalized by March 17. There will be tax credits used in the financing
and I want to process those before the current United States Congress can
change the rules. I expect that I can be ready to start construction by June
or July of this year if we can begin the process immediately.
I look forward to your response to this letter. Please contact me at
your convenience.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 108
ERIE COUNTY LEGISLATURE
Favor Funding for Horizons Commission
Attached find a copy of the Resolution of the County Legislature
introduced by Legislator Olma requesting N. Y. State funding for the Horizons
Waterfront Commission.
RECEIVED AND FILED.
No. 109
Rev. J. J. HEMPHILL
Stop Demolition of 178 Bennett
I am the new owner of the property at 178 Bennett St. I appeared
in housing court February 28, 1995. The judge informed me that the house at
178 Bennett Street was slated for demolition action.
I request that the common council do not approve of any proposal by the
department of inspections to demolish property at 178 Bennett street because
the house does not warrant demolition. Thank you for your cooperation.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 110
KAVINOKY & COOK
Additional Info- Development and Construction Agreements.
Attached is a copy of my letter of 3/10/95 to the attorneys for
the Crossroad Arena Complex relating to the city's position of various portions
of the Development and construction Agreement.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 111
KAVINOKY & COOK
Please provide us with the following information which has been
requested by the Common Council's Auditorium and Stadium Task Force:
1. Updated thirty (30) year CALLC operating projections;
2. A confidential report on the Sabres financial projections for the period
of 1995 through 20001 inclusive, including projected Arena concession revenues;
and
3. A revised Projected Arena Construction Cash Flow Statement showing which
expenses will be funded by which Financing Participant at each draw.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 112
New York State Department of Environmental Conservation
UPGRADING HAZARDOUS WASTE
SITE - 980 ELLICOTT
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property located
at 980 Ellicott Street in the City of Buffalo and County of Erie and designated
as Tax Map Numbers 100.63-3-1 1.1 1 was recently reclassified as a Class 2 in
the Registry. The name and site I.D. number of this property as listed in the
Registry is Osmose Wood Preserving, Site #915143.
The Classification Code 2 means that a significant threat to the public
health or environment exists -- action required.
We are sending this letter to you and others who own property near the
site listed above, as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you currently are renting or leasing your property to someone else,
please share this information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner
and provide this office with the name and address of the new owner so that we
can correct our records.
The reason for this recent classification decision is as follows:
Creosote waste and Fuel Oil #2 are present in substantial quantities in
soil and groundwater and may be entering into a nearby sanitary sewer.
Contamination has migrated off-site. According to New York State Regulations,
creosote waste is hazardous waste. The migration of contaminated groundwater
off-site in a residential neighborhood, and the proximity of an intercepting
sanitary storm sewer require remediation.
If you would like additional information about this site or the Inactive
hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information Number 1-800-342-9296
or
New York State Health Department's Health Liaison Program (HELP)
1-800-458-1158, ext. 402.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 113
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
MAINTENANCE OF REHABILITATED BRIDGES
The completed work on this contract was accepted by this department
on February 1, 1995.
The state will resume maintenance of the highway. All intersecting
public roads, highways or streets not on the state highway system shall be
maintained by the agency or local unit of government having jurisdiction beyond
the outside edge of shoulder, curb line, or back of ditch of the state highway
across the intersection.
All existing sanitary sewers and other sewers not deemed to be a part of
the project by the commissioner, all watermains, hydrants and other municipally
or privately owned facilities within the limits of the highway R.O.W. which
remain in service unchanged, and all such facilities relocated or protected as
part of the work performed under this contract, whether crossing, located as
part of the work performed under this contract, whether crossing, located
within or adjacent to the R.O.W. shall be maintained by the municipality or
agency owning or having control and jurisdiction thereof at no cost or expense
to the state.
RECEIVED AND FILED.
No. 114
ORAZIO'S RESTAURANT
Request to Purchase 10 foot Strips on Hertel and Starin
This office represents the owner of 1735 Hertel Avenue. That
is the building which houses Orazio's Italian Restaurant.
The owner is contemplating an expansion. What they wish to do is extend
their solarium which is now entirely on Starin, so that it also is on Hertel
and goes up to the existing stairs on Hertel Avenue.
In order for my clients to have complete freedom with regard to any
expansion, they are desirous of purchasing a 101 strip along Starin Avenue and
a 101 strip along Hertel Avenue.
The present dimensions of the lot are 80' on Hertel and 40' on Starin. I
have enclosed a survey and I have marked it in pencil the area that we are
desirous of purchasing.
Any help that you can give to this matter will be greatly appreciated.
Thank you for your courtesy and cooperation.
REFERRED TO THE COMMITTEE OF FINANCE, THE CITY PLANNING BOARD, THE COMMISSIONER
OF PUBLIC WORKS, THE COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION
COUNSEL.
No. 115
TCI EAST, INC.
INFLATION ADJUSTMENTS TO CURRENT RATES
On behalf of your TCI-affiliated cable operator, please find enclosed
the required filing reflecting the inflation adjustment to current rates.
The attached calculation complies with the applicable guidelines set out
in the FCC's Ninth Order on Reconsideration, (released February 6, 1995). The
Order allows operators to adjust inflation on systems eligible for transition
relief. Operator's may implement such increases beginning April 1, 1995. As
allowed in the Commission's "going forward" Order, we are submitting
work-papers where a revised form has not been provided. Please refer to the
attached cover sheet for a brief explanation of the Commission's revision.
Even though TCI has attempted to strictly comply with all applicable FCC
requirements, given the considerable uncertainty surrounding the regulatory
process, we hereby reserve the right to make future corrections to this filing.
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 ON CATV.
No. 116
TCI EAST, INC.
Adjustment to Maximum Permitted Rate
On behalf of your local TCI-affiliated cable operator, please
find enclosed the FCC forms 1210 and 1215. As you may already know, the
attached filing is required whenever an operator requests an adjustment to the
maximum permitted rate.
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 the right to make future adjustments to the attached
filing, to the extent any computation errors were made. Such latitude is
essential given the confusion surrounding this process.
We appreciate your patience and understanding as we strive to comply with
all of the provisions of the 1992 Cable Act. 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 ON CATV.
No. 117
T.C.I. EAST INC.
Attached are the replies from TCI to six (6) customer complaints.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
PETITIONS
No. 118
Camile Haun & Others, petition to use 141 Bidwell for a sit in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 119
Don Warfe, tenant, petition to use 311 Bryant Avenue for a sit in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 120
J. Rico and Others, oppose changing name of Seventh St.
RECEIVED AND FILED.
No. 121
B. Sheppard and Others favor changing name of Seventh Street to Columbus Pky.
RECEIVED AND FILED.
No. 122
A. Mannachio & 0 - Rename Portion Connecticut St. as Columbus Park West.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING
BOARD.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 123
Appointment
Senior Account Clerk Typist
That Communication No. 85 March 7, 1995 be received and filed
and the permanent appointment of Carrie Genovese stated above at the maximum
salary $24,282.00 effective on February 27, 1995 is hereby approved.
PASSED.
AYES 13 NOES - 0.
No. 124
Appointment
Account Clerk-Typist
That Communication No. 87 March 7, 1995 be received and filed
and the permanent appointment of Joyce Quackenbush stated above at the
intermediate salary $21,732.00 effective on February 27, 1995 is hereby
approved.
PASSED.
AYES - 13 NOES - 0.
No. 125
Appointment
Senior Clerk
That Communication No. 89 March 7, 1995 be received and filed
and the permanent appointment of Gail Lis stated above at the maximum salary
$23,919.00 effective on February 27, 1995 is hereby approved.
PASSED.
AYES 13 NOES - 0.
No. 126
Notices of Appts. (Temp./Prov./Perm.)
(Item # 103 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 127
Renew Lease - Roberto Clemente Health Center
(Item No. 28, C.C.P., Mar. 7, 1995)
That the Comptroller be, and hereby is authorized to renew the
lease between the City and the County of Erie, Roberto Clemente Health Center,
104 Maryland Street for the lease of a portion of 104 Maryland Street, Roberto
Clemente Health Center, for a five year period, to commence on June 1, 1995 and
expire on May 31, 2000, the annual rental to be charged is $1.00 (One Dollar);
and that the Corporation Counsel to prepare the necessary documents to renew
said lease and that the Mayor be authorized to execute the same.
PASSED.
AYES - 13 NOES - 0.
No. 128
Renew Lease - 735 Humboldt Parkway (former School 93)
(Item No. 29, C.C.P., Mar. 7, 1995)
That the Comptroller be, and hereby is authorized to renew the
lease between the City and the Community Action Organization, for the lease of
735 Humboldt Parkway (former School 93), for a five year period, to commence on
January 1, 1990 and expire on December 31, 1999, the annual rental to be
charged is $1.00 (One Dollar); and that the Corporation Counsel to prepare the
necessary documents to renew said lease and that the Mayor be authorized to
execute the same.
PASSED.
AYES - 13 NOES - 0.
No. 129
Info. - Lease 1269 Genesee (Compt)
(Item # 26 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
City Court Rental Payments
(Item No. 51, C.C.P., Mar. 7, 1995)
That the Comptroller be, and he hereby is authorized to abate
Invoice ARCCO014 dated 10/15/91 in the amount of $3,093.96 to the County of
Erie.
PASSED.
AYES - 13 NOES - 0.
No. 131
Negotiate Private Sale - 74 Eastwood
(Item No. 82, C.C.P., Feb. 21, 1995)
That the Comptroller be, and he hereby is authorized to negotiate
with Anna Robinson, for the private sale of 74 Eastwood and report to the
Common Council the results of such negotiations.
ADOPTED.
No. 132
Info - 74 Eastwood (Compt)
(Item # 27 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Ordinance Amendment - Chapter 216, Garbage,
Rubbish and Refuse, Section 14, Placement of Materials for Collection
(Item No. 214, C.C.P., Mar. 7, 1995)
That the Ordinance Amendment as contained in Item No. 214, C.C.P.,
March 7, 1995, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0.
No. 134
Ordinance Amendment - Chapter 137-7 Schedule of
Fines and Penalties
(Item No. 184, C.C.P., Feb. 21, 1995)
(Item No. 139, C.C.P., Mar. 7, 1995)
That the Ordinance Amendment as contained in Item No. 184, C.C.P.,
February 21, 1995, be and the same hereby is approved.
PASSED.
AYES - 13 NOES - 0.
No. 135
Abate Invoices from Human Resources
(Item No. 88, C.C.P., Mar. 7, 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 abate Invoices
ARX02137 for $303,32; ARX02111 for $774.08; ARX02151 for $347.32; ARX02123 for
$563.24; ARX02170 for $322.64 for a grand total of $2,310.60 to the Department
of Human Resources.
PASSED.
AYES - 13 NOES - 0.
No. 136
Report of Audit - Water Authority (Wtr. Bd.)
(Item # 10 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Capital Project Bond Sale (Water Auth.)
(Item # 12 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 138
Water Authority Bond Sale
(Item No. 30, C.C.P., Feb. 21, 1995)
That this Common Council hereby approves that $15.95 million bond
sale to finance Buffalo Water Board approved Capital projects as detailed in
Item No. 30, C.C.P., February 21, 1995.
PASSED.
AYES - BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI - 11.
NOES - ARTHUR, COPPOLA - 2.
No. 139
NY Power Authority - low cost power incentives
(Item # 113 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 140
Report of Audit - Substance Abuse Payroll (Compt)
(Item # 23 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Reply to Audit - Substance Abuse Payroll (RR)
(Item # 78 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Reply to Audit - Substance Abuse Payroll
(Item # 86 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Report of Audit - Housing Property Inspections (Compt)
(Item # 21 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Reply to Audit - Housing Property Inspection (ICR)
(Item # 70 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Reply to Audit - Housing Property Inspections
(Item # 80 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 146
Rite Aid Drugs, Petition to use
2474-2494 Bailey Avenue - Pole Sign
(Item No. 99, C.C.P., Feb. 7, 1995)
(Item No. 156, C.C.P., Mar. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 147
Rite Aid Drugs, Petition to use
284 Connecticut Street - Pole Sign
(Item No. 66, C.C.P., Dec. 13, 1994)
That after a public hearing before the Committee on Legislation
on March 14, 1995, the petition of Rite Aid, owner, for permission to use 284
Connecticut Street for a pole sign be, and hereby is approved.
PASSED.
AYES - 13 NOES - 0.
No. 148
Use 284 Connecticut (C.P.Bd.)
(Item # 5 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Rename Additional Portion of Seventh Street
(from Connecticut to Busti) as "Columbus Parkway"
(Item No. 95, C.C.P., Mar. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - ARTHUR - 1.
No. 150
Peace Bridge Assoc. - Name Additional Five Blocks Columbus Pky.
(Item # 81 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
J. Botticelli & 0 - Oppose Renaming 7th Street
(Item # 125 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
NYSDEC- Delisting Prop. Clinton/Bailey
(Item # 94 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - FRANCZYK - 1.
No. 153
NYSDEC - Delisting Prop. Katherine
(Item # 95 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - FRANCZYK - 1.
No. 154
Delisting - Clinton/Bailey/Katherine prop. (EMC)
(Item # 11 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - FRANCZYK - 1.
No. 155
Encroach Signs - 306 West Ferry Street
(Item No. 53, 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 306 West Ferry Street, to install
four (4) signs which would encroach city right-of-way at said address which
would measure two (2) at 6' x 7' attached perpendicular to the building, and
two (2) at 3' x 10', attached flush 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 live 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
signs.
PASSED.
AYES - 13 NOES - 0.
No. 156
Billiard Parlor License - 1223 Lovejoy
(Item No. 52, C.C.P., Mar. 7, 1995)
That pursuant to Chapter 92 of the Ordinances of the City of Buffalo,
the Director of Licenses and Permits is hereby authorized to issue a Billiard
Parlor License to Albert A. Santa, Jr., proprietor of Lovejoy Family Pool and
Game Room, 1223 Lovejoy Street, be, and the same hereby is approved for four
(4) pool tables.
PASSED.
AYES - 13 NOES - 0.
No. 157
Notification Serials #8477-8482
Repeat of No Parking on Hertel Alley, etc.
(Item No. 33, C.C.P., Mar. 7, 1995)
That the Notification Serial Nos. 8475-8482, be received and filed;
except that Notification Serial No. 8472-8474 be denied.
Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Ordinances
of the City of Buffalo, the following changes to the traffic ordinances
(Chapter 479 of City Code) are hereby denied and disapproved:
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side Anytime
from 70' west of Crestwood Avenue
to Colvin Avenue
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side Anytime
from Traymore Avenue to a point 190'
east of Commonwealth Avenue
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hertel Alley (so-called) north side Anytime
from Traymore Avenue and Colvin Avenue
ADOPTED.
No. 158
Request Ordinance Amendment - 24hr. On-Street Parking
(Item # 162 CCP February 7, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Amend Traffic Ordinance - 24 Hour On-Street Parking
(Item No. 202, C.C.P., Mar. 7, 1995)
That this Common Council direct the Corporation Counsel to prepare
an ordinance amendment to Chapter 479 - Traffic Ordinances that would amend
Section 15, Subsection (I 6) - "No parking over 72 hours."
ADOPTED.
No. 160
Waive Ordinance - To Allow Bldg. Along Seward
(Item # 164 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Waive Ordinance - To Allow Building On Seward (PW)
(Item # 40 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Inspection Dept. Reform (ICR)
(Item # 72 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Temporary Licenses
(Item # 163 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Info - Temporary Licenses
(Item # 45 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Allow Minority Quotas - City Bidding (GS)
(Item # 80 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 166
Define Enforcement Of No Smoking Ordinance
(Item # 180 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Enforcement of no smoking ordinance (CC)
(Item #44 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
No Smoking signs (CC)
(Item # 61 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
L. Brown - enforce ban on cigarette sales to minors
(Item # 73 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Regulate sales of cigarettes to minors (CC)
(Item # 62 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
D. Drzymala - Opp. Opening of Club Marcella
(Item # 89 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Report on Toxic Leak - Peace Bridge
(Item # 141 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Response to toxic leak - Peace Bridge (Fire)
(Item # 32 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Investigation of Janitorial stockroom (PW)
(Item # 55 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 175
Reply to Liquor License (PW)
(Item # 54 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby referred
to Committee on Finance.
ADOPTED.
No. 176
Appointment of Director of the Western
Regional Off-Track Betting Corporation
(Item No. 2, C.C.P., Mar. 7, 1995)
That the appointment of Director of the Western Regional Off-Track
Betting Corporation of Sebastian Carnevale, 79 Marine Drive, Apartment 5G,
Buffalo, 14202 be and hereby is confirmed.
ADOPTED.
RESOLUTIONS
No. 177
By Mr. Arthur
Ordinance Amendment
Chapter 441 - Telephone Facilities
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 441 -1 of Chapter 441 of the Code of the City of Buffalo be
amended to read as follows:
[It] No person, including an individual, firm, partnership-
copartnership, corporation, receiver, association, executor, administrator,
trustee, guardian or agent, shall [be lawful to] place, maintain [and] or
operate on the streets, public grounds or on the city right-of-way such
public/private telephone facilities [as hereinafter permitted and] until a
license has been issued in accordance with the regulations hereinafter set
forth.
That a new Section 441-3 be added to read as follows:
441-3. Penalty
Any violation of this Chapter shall be punishable by a fine or penalty of
not more than one thousand five hundred dollars ($1,500.) or by imprisonment
for not more than fifteen (15) days. or by both such fine and imprisonment, for
each offense, in addition to other penalties- including restitution and removal
of telephone facilities placed in violation of this Chapter- as may be deemed
appropriate by a Court of competent jurisdiction.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES - 13 NOES - 0.
No. 178
By Mr. Arthur
Oppose Study on Consolidation of Vital Statistics
Whereas: In recent months, proposals have been put forth for the
countywide consolidation of birth and death records; and
Whereas: Although proponents have claimed that consolidation would be
beneficial, there has been no evidence presented that would demonstrate that
such a change would be any more cost-effective or convenient than the present
system; and
Whereas: In fact, such a change would likely cause a great deal of
disruption and confusion in a system that is presently functioning efficiently
and professionally throughout the county; and
Whereas: Consolidation would be a devastating loss for the municipalities
involved during a period of many financial cutbacks, and would cost the City of
Buffalo some $500,000 annually; and
Whereas: In light of the city of Buffalo's current fiscal problems, the city
is looking for possible consolidations that would save money, not deprive us of
badly needed revenue; and
Whereas: The Erie County Town Clerks Association opposes this proposal, and
the Buffalo Common Council have gone on record in opposition to consolidation;
and
Whereas: Consolidation of Vital Statistics was discussed at a February
meeting of the Government Affairs Committee of the Erie County Legislature, and
there was general consensus that this was a "dead issue;" and
Whereas: There apparently is discussion in the Erie County Legislature about
conducting an analysis of vital statistics consolidation under the supervision
of the Greater Buffalo Partnership;
Now, therefore be it resolved:
That this Common Council re-state its firm opposition to any proposal
which would consolidate birth and death records, and notify the County that it
will not cooperate with any effort to further study the possibility of vital
statistics consolidation; and
Be it further resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Erie County Executive, Erie County Legislature, Greater
Buffalo Partnership, League of Women Voters, Erie County Town Clerks
Association, and Erie County City and Village Clerks Association.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - LOCKWOOD - 1.
No. 179
By Messrs.. Arthur & Coppola
User Tax Information
Whereas: The Mayor in his State of the City Address stated, "We
will include a schedule of user fees in our next budget"; and
Whereas: In order to include user fees there must be public hearings and
ordinances approved by this Honorable Body; and
Whereas: There are only approximately 30 working days until this Body begins
it budget deliberations, barely enough time to give this subject a fair and
thorough airing.
Now, therefore, be it resolved that:
This Common Council requests the Mayor, Comptroller, Corporation Counsel
and the Commissioner of Administration & Finance to file with it information
including, but not limited to:
1. What criteria will be used in imposing this user fee?
2. How will the fees be determined, assessment, networth, etc. etc.?
3. What will the fees be?
4. Total anticipated revenue?
5. Method of collections?
6. If additional staff is needed?
7. What penalties will be invoked if fees are not aid?
8. Can we legally impose a user fee?
9. Does the Corporation Counsels office feel that they can adequately
withstand any legal challenges?
10. Any other information not requested, but related to the subject of user
fees.
Be it further resolved that:
This information be filed by our next dated meeting.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 180
By: Messrs.. Arthur and Pitts
Link Crossroads Arena with Transit System Station
Whereas: In the initial stages of the proposal to develop the Crossroads
Arena at the foot of Main Street, the Common Council, through the Stadium and
Auditorium Task Force, expressed the desire to link the Light Rail Rapid
Transit System with the arena through an enclosed transit station directly
connected to the arena; and
Whereas: As the design of the Arena evolved, along with the overall
development objectives for the Inner Harbor, the city's preference seemed to
become a secondary issue. A lack of dedicated funding to accomplish this
objective, concerns about the Horizons Commission plan for the area, arena
design modifications, Niagara Frontier Transportation Authority fiscal and
operational concerns about the specific location and construction of a new
station, and a concentrated effort by the public and private partners in the
project to bring the deal to closure all combined to overshadow the transit
issue; and
Whereas: Representatives of the Crossroads Arena Corporation have assured
the city that the Arena design will accommodate direct linkage with the transit
line; and
Whereas: The NFTA has $800,000.00 available to study the issue of transit
station placement in conjunction with the arena; and
Whereas: The City's desire to connect the Arena with an enclosed transit
station remains a priority and a goal for the overall project;
Now, Therefore, Be It Resolved:
That the Common Council approves its original concept for an enclosed
link between a new or expanded transit station and the new Crossroads Arena;
and
Be It Further Resolved:
That this Common Council request that the NFTA, the CAC and the City meet
to develop an overall plan to achieve the original goal of connecting the Arena
with the transit system; and
Be it Further Resolved:
That the Council President appoint a committee consisting of
representatives from the Stadium/Auditorium Task Force, the CAC, the NFTA, the
Department of Public Works, and the Department of Community Development -
Division of Planning to develop and finalize this plan; and
Be It Finally Resolved:
That this plan include a review of the potential reopening of Main Street
to vehicular traffic.
ADOPTED.
No. 181
By Mr. Bell
Discharge Urban Renewal Agency Committee
Urban Renewal Plan Amendment - Crossroads
Item No. 188, CCP, Feb. 21, 1995
Whereas, the above item is currently tabled in the Urban Renewal
Agency Committee and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and the item
is now before the Common Council for its consideration.
CARRIED.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, at 2:00 P.M., this date, 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. Bell the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Michael McCarthy, General Counsel, BURA
Carolyn Hoyt, the Sabres
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Bell moved:
That the Common Council of the City of Buffalo amends the Waterfront
Redevelopment Project No. NYR-35 Urban Renewal Plan, Crossroads, as follows:
The City of Buffalo approves the Buffalo Urban Renewal Agency's
acquisition of the parcel bounded by Perry Street, Baltimore Street, South Park
Avenue and Columbia Street,
The Common Council ratifies the findings and determination of the
Commissioner of Community Development approving the minor design changes as set
forth in Item No. 188, C.C.P., February 21, 1995.
PASSED.
AYES - 13 NOES - 0.
No. 182
By Mr. Bell
Discharge Urban Renewal Agency Committee
Neg. Declaration - UR Plan Amend.- Crossroads
Item No. 56, CCP, Feb. 21, 1995
Whereas, the above item is currently tabled in the Urban Renewal
Agency Committee and
Whereas, it is no longer necessary for this item to be considered by that
Committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and the item
is now before the Common Council for its consideration.
CARRIED.
Mr. Pitts moved:
That the Negative Declaration of the lead agency, Item No. 56, C.C.P.,
February 21, 1995, be and the same hereby is adopted.
ADOPTED.
No. 183
By Mr. Bell
City of Buffalo Health Care Benefits
Whereas: The prognosis for the City of Buffalo's budget for the
1995/96 fiscal year has been described as "serious" at best; and
Whereas: New ways of cutting the costs of running city government will be
vital if Buffalo is to continue providing the basic services to its citizens;
and
Whereas: One of Buffalo's sizable costs is health care insurance for its
employees; and
Whereas: The amount for health care related benefits for the City's Sewer
Authority, Housing Authority, Board of Education, Buffalo Urban Renewal Agency,
and various blue and white collar workers exceeds thirty (30%) percent of
employee salary compensation: and
Whereas: The City of Buffalo should take the imitative in exploring how it
can eliminate paying retail costs for health insurance when it should be paying
wholesale cost.
Therefore It Be Resolved That:
Representatives from the Buffalo Common Council, the Mayor's
administration, all City of Buffalo Union representatives, Buffalo Board of
Education, Buffalo Sewer Authority, BMHA representatives, and the Buffalo Urban
Renewal Agency establish a meeting to discuss available avenues concerning the
reduction of costs for health care, while maintaining the current coverage.
ADOPTED.
No. 184
By Mr. Collins
Transfer of Funds
Department of Administration and Finance, Labor Relations
Department of General Services, Inventory and Stores
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
$2,300 be and the same is hereby transferred from the Division of Labor
Relations and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
063 - Division of Labor Relations
001 - Labor Relations
110 - Salaries, Regular $2,300
To:
100 General Fund
104 - Division of Inventory and Stores
001 - Inventory Management
550 - Rental - Equipment/Buildings/Land $2,300
PASSED.
AYES - 13 NOES - 0.
No. 185
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
$10,000 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
842 - Reserve for Capital Improvements $10,000
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $10,000
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $10,000
To:
200 Capital Projects
40-2 - Division of Buildings
034 - Window Replacement - JFK Center $10,000
PASSED.
AYES - 13 NOES - 0.
No. 186
By Mr. Collins
Increased Appropriation
Division of Real Estate - Sale of In Rem Property
Assessment
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - 090 Department of Assessment - 536 Advertising be and the same
hereby is increased in the sum of $17,382.
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue City
100 General Fund
04-3 - Division of Real Estate
402 City Revenue $17,382
71020 - Sale of In Rem Property
To:
100 - General Fund
090 - Department of Assessment
001 - Assessment
536 - Advertising $17,382
PASSED.
AYES - 13 NOES - 0.
No. 187
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
$115,000 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
842 - Reserve for Capital Improvements $115,000
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $115,000
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $115,000
To:
200 Capital Projects
40-2 - Division of Buildings
063 - Reconstruction Swimming & Diving Pools $115.000
PASSED.
AYES - 13 NOES - 0.
No. 188
By Mr. Collins
Increased Appropriation
Department of Public Works - Buildings, Revenues, Miscellaneous
Department of Public Works - Division of Buildings
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - 402 - Department of Public Works, Division of Buildings- 021 -
Administrative Services 560 - Building Repairs & Alterations, be and the same
hereby is increased in the sum of $78,244.
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue City
100 General Fund
402 - Division of Buildings
402 - City Revenue
90000 - Miscellaneous $78,244
To meet the Increased Appropriation as set forth below:
100 - General Fund
40 - Department of Public Works
2 - Division of Buildings
021 - Administrative Services
560 - Building Repairs & Alterations $78,244
PASSED.
AYES - 13 NOES - 0.
No. 189
By: Mr. Collins
Transfer of Funds
Division of Budget and Management
Division of Engineering
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$200,000 be and the same is hereby transferred from the Division of Budget and
Management - Planning for Capital Improvements account and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $200,000
To:
200 Capital Project Fund
401 - Division of Engineering
553 - Squaw Island Land Fill Closure (part of Ph 1) $200,000
PASSED.
AYES - 13 NOES - 0.
No. 190
By Messrs.. Collins and Arthur
Establish Task Force to Develop
Strategy for Alleviating Effects of Budget
Cuts on Summer Youth Employment and Training Programs
Whereas: The House of Representatives is now considering a major
rescission package which would drastically cut funding for the Job Training
Partnership Act program; and
Whereas: One of the major programs to suffer the consequences of the
proposed budget cuts is the Summer Youth Employment and Training Program which
serves over 1900 youths in the City of Buffalo; and
Whereas: The program has not only been very successful in providing
employment opportunities for youth, but also effective in instilling in our
young people a sense of pride, discipline, responsibility, and commitment; and
Whereas: The Private Industry Council, cognizant of the benefits of summer
youth employment, has embraced the Summer Youth Employment and Training program
and enhanced the opportunities available to our city's young people; and
Whereas: Without summer youth employment, and with limited recreational
opportunities available, the city may face much more severe problems with the
escalation of gangs, drug activity, and other youth related crime, or young
people simply wasting their time and talents doing nothing throughout the
summer; and
Whereas: With impending budget cuts on the horizon, it is imperative that a
strategy be developed now to adequately prepare to alleviate some of the
problems that may surface as a result of cuts to summer youth employment and
training programs;
Now, Therefore, Be It Resolved:
That the Mayor and the Council President establish a Task Force comprised
of representatives from state and city government, the Private Industry
Council, the Greater Buffalo Partnership, the Downtown Merchants Association,
and other business and community leaders to develop a strategy to cope with the
budget cuts and provide youth employment and training opportunities for this
summer.
ADOPTED.
No. 191
By Mr. Coppola
Ordinance Amendment
Chapter 479 - Traffic Ordinances
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Subsection 16 of Section 15 of Article 1, Chapter 479 of the Code of
the City of Buffalo be amended to read as follows:
(16) No parking over [24] 72 hours. 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] seventy-two consecutive hours.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 193
By Mr. Coppola
Elect to participate in early retirement incentive program
Whereas: The State of New York has enacted into law S. 2545 and
A. 4305, "An act to provide a retirement incentive for certain public
employees." Governor Pataki signed this law on March 6, 1995; and
Whereas: The intent of the law is to reduce the workforce and minimize
layoffs that would otherwise be necessary due to fiscal constraints.
Participation by local governments, school districts, public authorities, the
Legislature and the Judiciary is optional. The law mandates that any position
vacated as the result of a retirement with the incentive, other than a position
supported by Special revenue Funds, must be eliminated to ensure a permanent
reduction in the workforce and permanent on-going salary savings; and
Whereas: Generally, the bill establishes a retirement incentive program for
certain public employees who primarily are:
(a) otherwise eligible to retire, or
(b) age 50 or older with ten or more years of service and not currently
eligible to retire, or
(c) participating in a retirement plan that provides for retirement without
regard to age after 25 years of service and (d) serving in eligible titles in
the New York State and Local Employees Retirement System, the N.Y.S. Teachers'
Retirement System, the N.Y. City Employees' Retirement System (excluding plans
established pursuant to sections 13-156 and 13-157 of the Administrative Code
of the City of New York), the N.Y. City Teachers' retirement System, the N.Y.
City Board of Education Retirement System or the optional retirement program
establish pursuant to section 181, 391 or 6251 of the Education Law; and
Whereas: The window period for participating employers other than State
Executive Branch employees is a period of not less than 30 days or more than 90
days from the commencement date of the plan and ending with an effective date
of retirement no later than August 31, 1995. The commencement date is the
first day the retirement incentive plan is made available. Eligible employees
must provide written notice to their employer on or before 21 days prior to the
end of the open period. Most participating employers must elect to provide the
incentive authorized by the law on or before the 60th day after the effective
date of the act; and
Whereas: Eligible titles for participation are restricted and a position is
not eligible if its abolition directly results in a reduction of the level of
services required or mandated to protect and care for clients or to assure
public health and safety, endangers the health and safety of employees, or
results in a loss of revenue of substantially increases overtime or contractual
costs; and
Whereas: The incentive for eligible employees is one-twelfth of a year of
additional retirement service credit for each year of pension service credited
as of the date of retirement, up to a maximum of three years of retirement
service credit;
Whereas: The potential benefit to the city must be explored, taking into
consideration the mandated elimination of positions and the possibility to
replace the positions with titles at a lower pay scale and with benefit
packages costing the city fewer dollars due to the Retirement Tier enrollment
of individuals in the new positions;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo request that the
Commissioner of Administration and Finance, the Buffalo Board of Education and
the Superintendent of Schools, and all city Unions (Crossing Guards, PBA, Local
282, Operating Engineers, Local 264, Local 650, Local 2651, Local 18029, BTF,
and Council 35-AFSCME-AFL/CIO) respond to the possibility of electing to
participate in the early retirement incentive as passed by the State of New
York; and
Be it Further Resolved:
That if, in fact, the fiscal and operational benefits to the city of
Buffalo are favorable, this Common Council authorize the City's participation
in the early retirement incentive program; and
Be It Further Resolved:
That the City Clerk certify passage of this resolution and forward copies
to the above listed parties; and
Be It Finally Resolved:
That due to the time constraints involved in electing to participate in
the program, each of the aforementioned parties file a response with this
Council by 2PM on Thursday, Match 30, 1995.
ADOPTED.
No. 192
By Mr. Coppola
Request Union Response Regarding
Health Care Coverage
Whereas: In 1994, the Masiello administration presented the city
unions with a three-plan option for health care coverage, which would have been
a significant savings for the city; and
Whereas: The plan was rejected by all but three of the unions, and Local 264
is presently working with a consultant to develop an alternate plan; and
Whereas: With difficult decisions regarding the upcoming budget facing this
Common Council in the very near future, it would be beneficial to, once again,
explore health care coverage alternatives as a means of closing the budget gap
either by offering a three-plan option, a universal coverage plan, or
self-insurance.
Now therefore be it resolved that
This Common Council requests that all unions not presently under the
three-plan option for health care coverage respond by the next Common Council
meeting on the willingness to explore health care coverage alternatives as a
means of closing the budget gap for the 1995-96 year.
ADOPTED.
No. 194
By: Messrs. Coppola and Arthur
Report Results of Assessment Grievances
Whereas: Article 29 of the Charter of the City of Buffalo, "Tax
and Assessment Roles," Section 552, "Grievances," provides property owners with
an opportunity to challenge the assessed valuation of their properties; and
Whereas: After property owners who have filed assessment grievances have
been granted hearings, they are notified by the Department of Assessment of the
results of their challenges; and
Whereas: The Department of Assessment has just completed the grievance
period and has notified property owners of the results of their challenges; and
Whereas: It is important for the Common Council to know the results of the
assessment review process and the subsequent affect on the tax rolls,
especially in light of the budget problems the city is now facing; and
Now, Therefore, Be It Resolved:
That Common Council request the Commissioner of Assessment to file by the
next stated meeting a complete report of all assessment grievances detailing
the number of grievances filed for both commercial and residential properties,
the result of each case, and the cumulative affect on the tax rolls.
ADOPTED.
No. 195
By Mr. Czajka
Free use of city owned building.
Whereas: The City of Buffalo's financial problems are well chronicled;
and
Whereas: All departments have been asked to shoulder this Hardship through
cost cutting that at times adversely affects services; and
Whereas: The city has become more diligent in recovering costs of services
provided to private individuals and agencies; and
Whereas: It is believed that the Home Equity Living Plan (HELP) agency, a
controversial group formerly funded by the City of Buffalo, which came under
scrutiny for having purchased a campground in Wyoming County, currently enjoys
the benefit of free rental and utility services at the city owned Schiller Park
Senior Citizen Center; and
Whereas: It is unclear how HELP's activities continue to benefit Buffalo
residents as they do not report in any manner to the city; and
Whereas: The city is currently undergoing re-engineering to make itself more
business like in its approach to services delivery; and
Whereas: HELP's arrangement at the Schiller Park Senior Center appears
unfair to both the City of Buffalo and other private agencies;
Therefore, Be It Resolved:
That the Corporation Counsel's office and the Department of Community
Development report to this Honorable Body on any lease arrangement between HELP
and the City of Buffalo; and
Be It Further Resolved:
That if in fact HELP or other private agencies receive the benefit of
free rent and utilities at city owned building that this policy be examined to
ensure that the City of Buffalo receives proper remuneration for said services;
and
Be It Finally Resolved:
That the HELP agency be requested to provide this Honorable Body a report
on all activities outlining how they benefit city residents.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 196
By Mr. Franczyk
Request Comptroller Explore
Adding Service Charge for
City-arranged Demolition Service
Whereas: The City of Buffalo, through the Department of Inspections
and Community Revitalization, has the authority to order a dilapidated
structure repaired or removed by its owner; and,
Whereas: In cases where the owner is unwilling or unable to repair a
dilapidated structure, the City orders such Structure demolished; and,
Whereas: The City provides a service to such an owner by arranging for a
private contractor to demolish a dilapidated structure, and,
Whereas: Numerous employees from a number of City departments are
involved in arranging for demolition of privately-owned structures; and,
Whereas: These City departments and agencies include:
Inspections and Community Revitalization
Comptroller
Common Council
Assessment
Water Authority
Fire
Administration and Finance
Whereas: This involvement on the part of City employees is in fact a free
service provided to private property owners, many of whom are able to contract
with demolition crews on their own; and,
Whereas: The, City ties up much needed Block Grant dollars by paying for
the demolitions up front while waiting for the property owner to reimburse the
City for this service; and,
Whereas: At times when Block Grant money has been depleted, the City dips
into the Special Assessment fund to pay for demolitions; and,
Whereas: Borrowing from the Special Assessment fund costs the City 5% in
interest, which is not recovered from the recipient of the demolition service;
and,
Whereas: It is unfair to force law-abiding taxpayers to pay for the
negligence of those property owners who allow their properties to fall into a
state of disrepair or who fail to carry fire insurance, thus requiring the
attention and service of City departments; and,
Whereas: The threat of Federal and State government funding cuts force
this Body, the City Administration and the Comptroller's office to explore ways
to recover costs for service from individuals who are able to repay such costs;
Now Therefore Be It Resolved That: The Common Council request the Comptroller
to report on the average cost of a demolition to the City of Buffalo in man
hours and other costs that go unrecovered by the City; and,
Be It Further Resolved That: The Comptroller also recommend to the Common
Council the level of a fee for service and any interest that should be charged
to a property owner for whom the City arranges demolition services.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 197
By Mr. Helfer
Fire Insurance
Whereas: The 94-95 budget for the City of Buffalo currently is
experiencing approximately a four million dollar shortfall; and
Whereas: The projected budget for 95-96 is expected to have a twenty-four
million dollar budget gap; and
Whereas: The City of Buffalo has to explore all possibilities to increase
revenues and decrease expenses; and
Whereas: The Common Council of the City of Buffalo is constantly approving
expenditures for emergency demolitions; and
Whereas: With an older housing stock and numerous vacant property, arsons
and fires are going to occur; and
Whereas: When the Fire Commissioner deems a fire damaged property to be a
threat to the general public, health, safety and welfare, immediate demolition
is deemed a necessity; and
Whereas: Many properties that are demolished do not have fire insurance on
the properties,
Therefore be it resolved:
This Common Council is provided over the last five years, the number of
emergency demolitions due to fire and the cost of such demolitions on homes
where there was no fire insurance; and
Be it further resolved:
This Common Council request a report from the Comptroller's office on how
much money has been collected on properties that had to be demolished that did
not have fire insurance; how much money is outstanding; how much money is
anticipated to be collected; how much money the City will never collect; and
Be it further resolved:
The Common Council request the Corporation Council to comment on whether
or not other municipalities in New York State require fire insurance on all
properties; and if legislation on the requirement of mandatory fire insurance
on every property can be enacted by this honorable body; and
Be it finally resolved:
If legislation were to be enacted, a means of certifying that homeowners
are indeed carrying Fire Insurance.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 198
By Mr. Helfer
Purchase of 2777 Bailey Avenue
For Combined Police Precinct and Community Center
Whereas: The Common Council deemed the property located at 2777
Bailey Avenue necessary for public purpose and authorized the condemnation and
acquisition of the property through Eminent Domain, Item #270, C.C.P. 7/26/94;
and
Whereas: Prior to final Eminent Domain Proceedings the Comptroller and the
Corporation Counsel have negotiated a final purchase price with the Seller in
the amount of One Hundred Sixty Thousand Dollars ($160,000); and
Whereas: In accordance with Article 27 Section 513 & 514 of the City Charter
two independent appraisals of the property were obtained; and
Whereas: An estimate of the Fair Market Value of the property was submitted
by Mr. Scott Allen, Appraiser, G.A.R. Associates, Inc. He has estimated the
value to be One Hundred and Fifteen Thousand Dollars ($115,000); and
Whereas: A second estimate of the Fair Market Value was submitted by Mr.
Richard Bronstein, Appraiser. He has estimated the value to be Two Hundred
Forty Thousand Dollars ($240,000); and
Whereas: The sellers attorney, Mt. Michael Cleary, representing Bailey
Langfield, Inc. and Mr. David Mernan, has forwarded to the City for final
approval a contract to purchase with the negotiated terms and conditions; and
Whereas: The Comptroller has recommended the purchase price of One Hundred
Sixty Thousand Dollars ($160,000) which is the minimum purchase price the
sellers will accept for the property; and
Whereas: The Comptroller has certified that Bond Funds for the acquisition
of 2777 Bailey Avenue and construction of a combined Police Station/Community
Center are available in Bond Fund Account #200402-002; and
Now Therefore Be it Resolved That:
That the Common Council approve the purchase of 2777 Bailey Avenue in the
amount of One Hundred Sixty Thousand Dollars ($160,000); and
Be It Further Resolved:
That upon full execution of the contract to purchase 2777 Bailey Avenue
the Eminent Domain Proceedings for subject property be terminated; and
Be It Further Resolved:
That the contract for the purchase of 2777 Bailey Avenue may contain a
clause which allocates the responsibility for the payment of the first Forty
Thousand Dollars ($40,000) of any environmental remediation costs to the City
and any costs of environmental remediation in excess of Forty Thousand Dollars
($40,000) to the seller and is principals; and
Be It Finally Resolved:
That upon the Corporation Counsel review and approval of the contract to
purchase 2777 Bailey Avenue, the Comptroller be authorized to sign the approved
contract, with such modification and changes as the Corporation Counsel deems
to be necessary, advisable, or appropriate, and accept title to the property.
PASSED.
AYES - 13 NOES - 0.
No. 199
By: Mrs. Lockwood
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo
be amended to read as follows:
GOLF COURSES
City Noncity
Resident Resident
Seasonal fee for South $125.00 $250.00
Park, Cazenovia and
Delaware Golf Courses
Senior citizens $65.00 [$250.00] $200.00
city identification cards
Youths under 16 with $65.00 $125.00
city identification cards
Junior Program $50.00 $100.00
(12:00 Noon to closing
July--August only)
Daily fee for South Park,
Cazenovia and Delaware
Golf Course (each)
18 holes on Saturday, $9.00 $13.00
Sunday or holiday
Seniors and youths under 16 $6.50 $13.00
18 holes on other days $7.50 $11.50
Seniors and youths under 16 $5.00 [$11.50] $10.00
Twilight Rate $5.00 $7.00
(starts after 6:00 PM)
Reserve tee time, per $50.00 $50.00
reserved house
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets[] to be deleted; matter underlined in new.
PASSED.
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - ARTHUR - 1.
No. 200
By Mrs. Lockwood
Proposed User Fee for Buffalo Fire Services Provided To Other
Municipalities
Whereas: The Fire Department of the City of Buffalo continues to
provide fire fighting services to Lackawanna on an "as-needed" basis; and
Whereas: Lackawanna most recently needed Buffalo fire Fighters and equipment
on March 13; and
Whereas: The Administration will propose a "user fee" for services to
tax-exempt properties in the 1995-1996 budget; and
Whereas: A "user fee" should also be imposed for vital City services
provided to neighboring municipalities on an "as-needed" basis.
Now Therefore Be ft Resolved That:
The Commissioner of Fire file a full report of the March 13 incident
including the cost of fire fighting services provided to Lackawanna; and
Be It Further Resolved:
That the Law Department, Administration and Finance and the Fire
Department develop a fee schedule and process for responding to emergencies in
other municipalities that ensures the integrity of Buffalo's fire protection
and fiscal accountability for services provided.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 201
By Mrs. LoTempio
Authorize Comptroller to Negotiate
Purchase of 1 Bud Mill Drive
Whereas: Over the past several years, the concept of establishing
a centralized vehicle maintenance facility has been proposed and endorsed by
the previous Administration, the Common Council, various department heads,
unions, and the former Buffalo Financial Planning Commission; and
Whereas: Although the city originally planned to use the Truscon Building
for this purpose, it was determined to be unsuitable for the intended use; and
Whereas: The city, however, did not abandon plans to develop a centralized
vehicle maintenance facility to be utilized by the Department of Public Works,
the Streets Department and possibly other city departments; and
Whereas: The building at 1 Bud Mill Drive is for sale and has been
determined to be an excellent facility for establishing the vehicle maintenance
garage;
Now, Therefore, Be It Resolved:
That the Common Council authorize the Comptroller of the City of Buffalo
to negotiate to purchase 1 Bud Mill Drive or to negotiate a lease with an
option to purchase I Bud Mill Drive; and
Be It Further Resolved:
That Comptroller report back to the Common Council with the results of
the negotiations and the appropriate subsequent procedures to acquire 1 Bud
Mill Drive.
ADOPTED.
AYES - COLLINS, LOCKWOOD, LOTEMPIO, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 7.
NOES - ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER - 6.
No. 202
By Mrs. LoTempio
Discharge Civil Service Committee
Sal. Ord. Amend. - Labor Relations
(Item No. 181, CCP, Feb. 21, 1995)
(Item No. 127, CCP, Mar. 7, 1995)
Whereas, the above item is currently tabled in the Civil Service
Committee and
Whereas, it is no longer necessary for this item to be considered by that
Committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and the item
is now before the Common Council for its consideration.
CARRIED.
Mr. Pitts moved:
That the Salary Ordinance Amendment as contained in item No. 181, C.C.P.,
February 21, 1995, be and the same hereby is approved.
PASSED.
AYES - BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI - 10.
NOES - ARTHUR, COLLINS, ZUCHLEWSKI - 3.
No. 203
Mr. Pitts moved
That Mrs. Lockwood be excused from further attendance at this meeting.
ADOPTED.
No. 204
By: Mrs. LoTempio
Ordinance Amendment
Chapter 399 - Smoking
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 399 of the Code of the City of Buffalo be amended to read as
follows:
Section 399-18 Effective Date
This Article shall become effective April 1, 1995. The provisions of
this Article shall become effective January 1, 1996 for the following City
Buildings: the Buffalo Memorial Auditorium, the Delaware Park Marcy Casino,
Kleinhans Music Hall, the Lafayette Ice Rink the downtown baseball stadium
formerly known as Pilot Field and Shea's Buffalo Center for the Performing
Arts.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted, matter underlined is new.
PASSED.
AYES - ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - BELL - 1.
No. 205
By Mr. Perla
Permission to erect Banner in honor of
Rich Products 50th Anniversary
Whereas, Rich Products Corp., 1150 Niagara Street wishes to hang
34 banners, 2 per pole on Niagara Street and W. Ferry Street which will read "
Rich's 50 Years of Innovation; and
Whereas, The banner will be hung on Niagara Street light standards numbered
1125, 1136, 1151, 1160, unknown #, 1174, 1196, 1199, 1222, 1225, 1242 and W.
Ferry Street light standards, numbered 40, 501, 77, 101 and 106. The banners
will be hung prior to March 31, 1995 and will be hung for a period of 90 days.
Whereas, An insurance policy, naming the city as insured will be in effect
for the period the banners are up, in accordance with the city charter, and
NOW, THEREFORE BE IT RESOLVED THAT:
Rich Product Corp. be grated permission to erect said banners at the
aforementioned locations, for the time period stated, upon satisfaction of
conditions set forth by the Department of Public Works.
PASSED.
AYES - 13 NOES - 0.
No. 206
By Mr. Pitts
Support Police Grant Application to National Telecommunications
and Information Administration
Whereas: The Professional Standards Division of the Buffalo Police
Department is filing a grant application with the Telecommunications and
Information Infrastructure Assistance Program (TIIAP) of the National
Telecommunications and Information Administration (NTIA); and
Whereas: A division of the United States Department of Commerce, the NTIA,
through the TIIAP, administers Federal assistance programs to support the
development of educational, economic, and cultural telecommunication services
to the public; and
Whereas: The focus of the Police Department's grant application is to foster
communication between the Police Department and the general public through a
demonstration project that would physically relocate the Professional Standards
Division outside the police atmosphere of police headquarters; and
Whereas: This move would allow for more accessibility by citizens,
particularly with respect to affording comfort when filing a complaint against
the police. Respect and trust are essential components of a community policing
philosophy, and these attributes would be reinforced through the increased
communication made possible by relocating the Professional Standards Division
in the community; and
Whereas: The net result of this change would be an increase in police
professionalism, citizen responsiveness, and community oriented interaction;
and
Now, Therefore, Be It Resolved:
That the Common Council of the city of Buffalo formally endorse and
support the grant application of the Professional Standards Division of the
Buffalo Police Department; and
Be It Further Resolved:
That this Council urges the Telecommunications and Information
Infrastructure Assistance Program of the National Telecommunications and
Information Administration to award the requested grant to the Buffalo Police
Department.
ADOPTED.
No. 207
By Mr. Pitts
Memorialize Congress Oppose House Rescission Bill Federal Assistance
- 20th Community Development Block Grant Funds
Whereas: The United States House of Representatives is discussing
a House Rescission bill that would cut $17 billion in federal assistance to
programs that were designed to aid urban America; and
Whereas: One of the programs that would be affected by this drastic cut is
the 20th Year Community Development Block Grant Program; and
Whereas: The measure would reduce the City of Buffalo's Block Grant by $1.8
million in the current year with devastating effects on youth and senior
citizen programs, park and public improvements, new housing and housing
rehabilitation programs, and economic development opportunities; and
Whereas: The City of Buffalo is one of the nation's poorest cities which
relies heavily on the CDBG program to enhance the quality of life in our
community. Any cut to this program will prove to be extremely harsh to all
residents of Buffalo;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo memorialize the House of
Representatives of the United States of America to oppose the rescission bill
because of the effect it will have on the Community Development Block Grant
Program; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the House of Representatives of the United States of
America and the Western New York delegation to Congress.
ADOPTED.
No. 208
By Mr. Pitts
Memorialize Congress - Oppose House Rescission Bill - Protect
Buffalo's Lead Abatement Grant
Whereas: The US House of Representatives is discussing a Rescission
Bill that would cut $17 billion in federal assistance to programs that were
designed to aid urban America; and
Whereas: One of the programs that would be affected by these drastic cuts is
a $3.75 million lead abatement grant that the city was recently awarded by HUD;
and
Whereas: Buffalo, a city with a magnificent but aging housing stock, ranks
6th in a national estimate of children at risk of lead poisoning, a disease
caused when lead paint deteriorate and children ingest lead dust; and
Whereas: Lead poisoning impacts the ability of a child to learn and to
succeed in life and any cost savings realized by cutting Buffalo's grant will
be dwarfed by the costs associated with solving the problems Buffalo's children
will experience as a result of lead poisoning;
Now therefore be it resolved, that:
The Common Council of the City of Buffalo memorialize the U.S. House of
Representatives to oppose the Rescission Bill because Buffalo's children need
the benefits of the HUD lead abatement grant; and
Be it further resolved, that:
The City Clerk be directed to forward certified copies of this resolution
to the Clerk of the U.S. House of Representatives and to the Western New York
Congressional delegation.
ADOPTED.
No. 209
By: Mr. Pitts
Memorialize Congress - Oppose House Rescission Bill
Federal Assistance - Home Energy Assistance Program
Whereas: The United States House of Representatives is discussing
a House Rescission bill that would cut $17 billion in federal assistance to
programs that were designed to aid urban America; and
Whereas: One of the programs that would be affected by this drastic cut is
the Home Energy Assistance Program; and
Whereas: The measure would eliminate the Home Energy Assistance Program
(HEAP) which provides some relief to the elderly and low income residents on
the winter utility bills; and
Whereas: The City of Buffalo is one of the nation's poorest cities with a
very large elderly population which desperately needs the assistance provided
by this program. Any cut to this program will prove to be extremely harsh to
most residents of Buffalo;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo memorialize the House of
Representatives of the United States of America to oppose the rescission bill
because of the effect it will have on Home Energy Assistance Program; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the House of Representatives of the United States of
America and the Western New York delegation to Congress.
ADOPTED.
No. 210
By Mr. Pitts
Memorialize Congress- Oppose House Rescission Bill -
Community Schools Anti-Crime Funds
Whereas: The U.S. House of Representatives is considering a major
rescission package which would include cuts in Community Schools Anti-Crime
Funding; and,
Whereas: In anticipation of the program, the City of Buffalo has devoted a
great deal of time and effort to planning for this grant, including the
establishment of a city-wide coalition; and,
Whereas: The City recently received the Request-For-Proposals for the
program, and had anticipated receiving from $700,000 to $1 million; and,
Whereas: This innovative community-oriented program would have a significant
positive impact upon cities like Buffalo, and a funding cut would mean the loss
of a important opportunity for this city to address its crime problem in a more
effective manner;
Now, therefore be it resolved:
That the Common Council of the City of Buffalo memorialize the House of
Representatives to oppose the rescission bill that would cut funding for the
Community Schools Anti-Crime Program; and,
Be it further resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the House of Representatives of the United States of
America and the Western New York delegation to Congress.
ADOPTED.
No. 211
By Mr. Pitts
Memorialize Congress- Oppose Proposed Funding Reduction -Summer
Youth Program
Whereas: The Appropriations Subcommittee on Labor, Health and Human
Services of the U.S. House of Representatives passed a major rescission package
for the Fiscal Year 1995 which would include drastic cuts in Job Training
Partnership Act programs; and,
Whereas: These cuts, if enacted, would result in a loss of some $1.6 million
for the city of Buffalo and effectively terminate the Summer Youth Employment
and Training Program, which serves over 1,900 young people from the city; and,
Whereas: The Summer Youth Program has been a highly successful undertaking,
instilling disadvantaged youth with a sense of discipline and work ethic, and
teaching responsibility, cooperation and commitment; and,
Whereas: Last year the Buffalo and Erie County Private Industry Council
enhanced its training and monitoring system, and Buffalo businesses supported
the program by providing some 300 private sector jobs for Summer Youth
participants; and,
Whereas: With the limited employment and recreational opportunities
available for young people in the city during the summer months, it is critical
that this highly effective program be continued; and,
Whereas: The loss of the Summer Youth Program would have a devastating
impact not just in the city of Buffalo, but also throughout Erie County;
Now, therefore be it resolved:
That the Common Council of the City of Buffalo memorialize the House of
Representatives to oppose the rescission bill that would cut funding for Job
Training Partnership Act Programs; and,
Be it further resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the House of Representatives of the United States of
America and the Western New York delegation to Congress.
ADOPTED.
No. 212
By Mr. Pitts
Memorialize Congress - Oppose House Rescission
Bill - Stop $12.9 Million Cut to Public Housing
Whereas: The US House of Representatives is discussing a Rescission
Bill that would cut $17 billion in federal assistance to programs that were
designed to aid urban America; and
Whereas: The Rescission Bill includes a cut of $12.9 million to the Buffalo
Municipal Housing Authority that would have a devastating impact on the
operations of the BMHA and on the lives of Buffalo's public housing tenants;
and
Whereas: The Rescission Bill would cut $5.3 million from the BMHA operating
budget, causing the closing of some buildings or developments, a staff cut of
20%, and severe problems for BMHA tenants; and
Whereas: The bill would also cut $7.6 million from BMHA's modernization
program, bringing many activities such as lead abatement to a halt and wasting
expensive modernization investments have been made to date by leaving them
incomplete;
Now therefore be it resolved, that:
The Common Council of the City of Buffalo memorialize the U.S. House of
Representatives to oppose the Rescission Bill because Buffalo's public housing
tenants will suffer greatly from cuts contained in the bill; and
Be it further resolved, that:
The City Clerk be directed to forward certified copies if this resolution
to the Clerk of the U.S. House of Representatives and to the Western New York
Congressional delegation.
ADOPTED.
No. 213
By Mr. Pitts
Memorialize State - Oppose Senate Bill S. 1 829 and
Assembly Bill A.3129
Whereas: There has been introduced in the State Legislature Senate
Bill S. 1 829 and Assembly Bill A.3129, relating to reimbursement provided to
social services districts and provision of protective services; and
Whereas: This budget bill will have devastating effects on children's
agencies and services throughout the state since it will cut current state
funding for existing children's services by 37%; and
Whereas: These agencies can not absorb cuts of this magnitude and still
provide the services that are needed.
Now, Therefore, Be It Resolved:
That Common Council of the City of Buffalo memorialize the New York State
Legislature to oppose passage of Senate Bill S.1829 and Assembly Bill A.3129
relating to reimbursement provided to social services districts and provision
of protective services; and
Be It Further Resolved:
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 New
York State Assembly, and the members of the WNY delegation.
ADOPTED.
No. 214
By: Mr. Pitts
Memorialize State - Oppose Senate Bill S. 1839 and Assembly Bill
A.3139
Whereas: There has been introduced in the State Legislature Senate
Bill S.1839 and Assembly Bill A.3139 which make provisions for state aid to
school districts for the 1995-1996 school year; and
Whereas: This budget bill will stop the reconstruction of 853 schools for
handicapped children throughout the state; and
Whereas: School districts can not afford to lose this aid essential to the
provision of service to handicapped students.
Now, Therefore, Be It Resolved:
That Common Council of the City of Buffalo memorialize the New York State
Legislature to oppose passage of Senate Bill S.1839 and Assembly Bill A.3139
which make provisions for state aid to school districts for the 1995-1996
school year; and
Be It Further Resolved:
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 New
York State Assembly and the members of the WNY delegation.
ADOPTED.
No. 215
By: Mr. Pitts
Home Rule Message S. 2769; A 4578 Amend Local Finance Law Sale
of Bonds and Notes of the City of Buffalo
Whereas: There has been introduced in the New York State Legislature
Senate Bill S. 2769 and Assembly Bill A. 4578, "An Act to amend local finance
law, in relation to the sale of bonds and notes of the city of Buffalo"; and
Whereas: The purpose of the Bill is to extend for one year a funding
mechanism used by the city for projects requiring immediate attention; and
Whereas: This Act amends Section 54.30 of the Local Finance Law to extend
the provisions of this section from June 30, 1995 to June 30, 1996;
Now, Therefore, Be It Resolved:
That the city of Buffalo hereby requests the enactment into law of Senate
Bill S. 2769 and Assembly Bill A. 4578, "An Act to amend the local finance law,
in relation to the sale of bonds and notes of the city of Buffalo"; and
Be It Further Resolved That:
That the City Clerk is hereby authorized and directed to certify passage
of this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the members of the Western New York Delegation
of the State Legislature.
ADOPTED.
No. 216
By Mr. Pitts
Support Regulation of Video Dial Tone
Whereas: The Federal Communications Commission has extended its
public comment period to solicit opinions regarding Video Dial Tone services,
also known as VDT; and
Whereas: Video Dial Tone refers to video services provided over telephone
lines, and the FCC has begun to decide which policies it should adopt when
telephone companies simultaneously provide video transport facilities and
control programming; and
Whereas: There is great concern that the FCC will not require VDT operators
to abide by the same types of regulatory safeguards that currently apply to
cable television operators; and
Whereas: Although VDT has great potential to deliver services, it is very
important to consumers and municipalities that VDT be subject to the same types
of regulations that apply to cable television, including applying for a local
franchise; and
Whereas: Without a "level playing field," cable companies would have a
strong legal argument for the removal of regulations that apply solely to the
cable industry; and
Whereas: There is also speculation that a cable company that began offering
telephone service could choose to be considered a VDT operator and avoid the
tougher cable rules; and
Whereas: It is clearly in the best interest of consumers for
telecommunications to be regulated in a fair, competent and effective manner,
and for VDT operators to be subject to the same types of regulations that cable
companies must operate under;
Now, therefore be it resolved:
That this Common Council requests the Federal Communications Commission
to require that Video Dial Tone providers be required to obtain a local
franchise and adhere to other cable-specific rules under Title VI of the Cable
Communications Act; and
Be it further resolved:
That the City Clerk be directed to forward a certified copy of this
resolution to the Federal Communications Commission.
ADOPTED.
No. 217
By Mr. Pitts
PLACEMENT OF " DIRECTION SIGNS " FOR
VARIOUS BUSINESSES
WHEREAS: The New York Thruway Authority has announced detour routes
as a result of its reconstruction of the 1-190. The proposed changes in traffic
will begin March 20, 1995 and end in approximately one year; and
WHEREAS: During the reconstruction period there will be changes affecting
the closure of ramps at
- Church Street On Ramp
- Skyway (Inbound) On Ramp
- Washington Street On Ramp
- Oak Street On Ramp
- Elm Street Off Ramp; and
WHEREAS: While the detours are designed to provide alternate routes to
various destinations for trucks and cars, the affect upon access to certain
business could be negative; and
WHEREAS: The area along Exchange Street, Seneca Street, from Michigan Avenue
to Louisiana Street is left as somewhat of an inaccessible zone. Such fine
businesses as Chef's Restaurant, Seneca Plumbing, T.C.L, McCullagh Coffee, etc.
may hurt as a result; and
WHEREAS: The City of Buffalo wants to assist these businesses during the
period of the reconstruction of the 1-190.
NOW, THEREFORE BE IT RESOLVED;
That the Common Council approves the placement of signage which would
provide directions to businesses in the area bounded by Michigan Avenue,
Exchange Street, Seneca Street and Louisiana Street: and
BE IT FURTHER RESOLVED:
That permits for such signage would be subject to conditions established
by the Department of Public Works and the Corporation Counsel's office and only
be allowed to the end of the reconstruction period.
PASSED.
AYES - 13 NOES - 0.
No. 218
By Mr. Pitts
Dedication of 312 Clinton Street for the "Montessori
Outdoor Learning Center"
Whereas: The land at 312 Clinton Street is a vacant parcel which
has been reserved as part of the Ellicott Urban Renewal Plan. The old
redevelopment plan (N.Y.1-1) was to have developed this parcel for residential
housing, and
Whereas: Within the past several years as part of the Pratt-Willert new
housing project, new houses have been built on a portion of this lot, primarily
facing William Street, and
Whereas: That portion of the Lot with access off Clinton Street is
approximately 177 feet of frontage with a depth to the backyards of the new
houses, and
Whereas: This parcel is adjacent to the Montessori School. It is presently
used for play area for the school. Also, the school's Outdoor Learning Center
uses the area for the study of the Ecology and Environment, and
Whereas: The City of Buffalo, nor the Buffalo Urban Renewal Agency intends
to develop any additional housing upon this parcel. Its present use and
planned expansion of the Outdoor Learning Program is "revitalizing enough".
Now Therefore Be It Resolved That:
The Common Council approve the use of the parcel at 312 Clinton Street
for the Outdoor Learning Center Located at the Montessori School.
Further Be It Resolved That:
The Common Council request the Buffalo Urban Renewal Agency to either
convey title to the Board of Education and develop an agreement for its use.
PASSED.
AYES - 13 NOES - 0.
No. 219
By: Mr. Pitts
Banner Erection - Universal Liquors
Whereas: The Universal Liquor Company located at 800 Hertel Avenue
proposes to display a Banner over Chippewa Street in the block between Franklin
Street and Delaware Avenue, and
Whereas: The Banner will be utilized to celebrate St. Patrick's Day, and
Whereas: In order to facilitate the placement of the Banner the City has to
approve such a Banner.
Now Therefore Be It Resolved That:
The Common Council approve the erection of a Banner by Universal Liquors
over Chippewa Street subject to conditions established by the Department of
Public Works and the Corporation Counsel.
PASSED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - LOTEMPIO - 1.
No. 220
By Mr. Pitts
Permission to Erect Banner for Trinity Episcopal Church regarding
"White Elephant Sale"
Whereas: The Trinity Episcopal Church "White Elephant Sale" will
be held May 4th through 6th, 1995, in the Trinity Church Parish located at 371
Delaware Avenue, Buffalo, New York; and
Whereas: In order to promote the "White Elephant Sale", permission is
requested to erect a banner across Delaware Avenue in front of the Trinity
Episcopal Church located at 371 Delaware Avenue from April 17th, 1995 through
May 8th, 1995; and
Whereas: The City of Buffalo, Division of Engineering Street Lighting will
assist with the installation of said banner.
Now, Therefore, Be It Resolved;
That the Common Council authorizes the Trinity Church the Elephant Sale
to erect a banner across Delaware Avenue subject to conditions set forth by the
Commissioner of Public Works.
PASSED.
AYES - 13 NOES - 0.
No. 221
By Mr. Zuchlewski
Skillen St. Residential Overlay Parking District
Whereas: Skillen St. from Ontario St. to Vulcan Ave. is only 26
ft. wide and is utilized as bus route for the Grant St. bus and as a result, no
parking is allowed on this street at any time, and
Whereas: Last summer, the City of Buffalo spent approximately $400,000 to
install new curbing and sidewalks along Skillen St., and
Whereas: One year before the project began, representatives from Public
Works worked with the District Councilmember to make accommodations around nine
previously installed parking pads of the 65 houses on this street, and
Whereas: The agreed upon solution was to allow these nine people to continue
to utilize one driveway but not to allow the parking of multiple vehicles in
front of their homes or on the lawns, and
Whereas: Now, because two residences are abusing the agreed upon solution,
the Dept. of Inspections has notified all nine residences of their parking
arrangements violate city code, and
Whereas: Section 15-A, subsection 12 (a) allows the Common Council to create
Residential Parking Overlay Districts for exactly this purpose,
Now, Therefore, Be It Resolved:
That this Common Council request the Corporation Counsel to draft the
appropriate legislation to create a Skillen St. Residential Parking Overlay
District.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION AND THE CORPORATION COUNSEL.
No. 222
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:
John Adornetto
Georgene T. Ferrell
Margaret L. Fischer
Clare M. Gangeni
Mary L. Luango
Nancy L. Hatyjasik
Mark A. Pasterntk
Rebecca M. Grosso
Cronan P. Long
Jeremey C. Rosen
Michael Beeny
David R. Lee
Jacquelyn A. Schmid
Barbara J. Zak
ADOPTED.
No. 223
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:
Linda J. Donovan
John W. Greenan
Michael Anthony Szymanski
Jon A. Sullivan
Karen L. Fritsch
ADOPTED.
No. 224
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Rev. Jimmie Hardaway, Jr.
By Councilmember Pitts
ADOPTED.
UNFINISHED BUSINESS
No. 225
Bond Resolution - $375,000 - Pol. Dispatch Equip.
(No. 170, C.C.P., Feb. 21, 1995)
Mr. Pitts moved that the above item be taken from the table. Seconded
by Mr. Perla
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Helfer.
PASSED.
AYES - 13 NOES - 0.
No. 226
Announcement Of Committee Meetings
for week of March 27, 1995
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 28, 1995
Finance Tuesday, March 28, 1995 - following Civil
Legislation Tuesday, March 28, 1995 2:00 PM
Economic Dev Wednesday, March 29, 1995, 10:00 AM
U R Agency Wed, March 29, 1995 following Ec. Dev.
Ancillary Committees
Stadium/Aud T.F. Wed, March 22, 1995 9:30 AM Rm 1417
Karmen R. Swan
Council Reporter
No. 227
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Coppola the Council
adjourned at 3:45 P.M.
CHARLES L. MICHAUX, III
CITY CLERK